AB354,41,1313 757.69 (1) (intro.) A circuit court commissioner may:
AB354, s. 95 14Section 95. 757.69 (1) (b) of the statutes is amended to read:
AB354,42,215 757.69 (1) (b) In criminal matters issue summonses, arrest warrants or search
16warrants and, determine probable cause to support a warrantless arrest, conduct
17initial appearances of persons arrested and, set bail to the same extent as a judge.
18At the initial appearance, the court commissioner shall, when necessary
, inform the
19defendant in accordance with s. 970.02 (1). If the defendant appears or claims to be
20unable to afford counsel, the court commissioner, in accordance with s. 970.02 (6),
21may
, and refer the person to the authority for indigency determinations specified
22under s. 977.07 (1). If the court commissioner is a full-time A circuit court
23commissioner, he or she employed on a full-time basis may conduct the preliminary
24examination and arraignment to the same extent as a judge and, with the consent
25of both the state and the defendant, may accept a guilty plea. If a court refers a

1disputed restitution issue under s. 973.20 (13) (c) 4., the circuit court commissioner
2shall conduct the hearing on the matter in accordance with s. 973.20 (13) (c) 4.
AB354, s. 96 3Section 96. 757.69 (1) (g) of the statutes is renumbered 757.69 (1) (g) (intro.)
4and amended to read:
AB354,42,75 757.69 (1) (g) (intro.) When assigned to the assist a court assigned jurisdiction
6under chs. 48 and 938, a court commissioner may, under ch. 48 or 938, issue
in
7juvenile matters:
AB354,42,8 81. Issue summonses and warrants, order .
AB354,42,10 92. Order the release or detention of children or expectant mothers of unborn
10children taken into custody, conduct.
AB354,42,11 113. Conduct detention and shelter care hearings, conduct.
AB354,42,12 124. Conduct preliminary appearances, conduct.
AB354,42,14 135. Conduct uncontested proceedings under ss. s. 48.13, 48.133, 938.12, 938.13
14and, or 938.18, enter.
AB354,42,15 156. Enter into consent decrees and exercise.
AB354,43,2 167. Exercise the powers and perform the duties specified in par. (j) or (m),
17whichever is applicable, in proceedings under s. 813.122 or 813.125 in which the
18respondent is a child. Contested waiver hearings under s. 938.18 and dispositional
19hearings under ss. 48.335 and 938.335 shall be conducted by a judge. When acting
20in an official capacity and assigned to the children's court center, a court
21commissioner shall sit at the children's court center or such other facility designated
22by the chief judge. Any decision by the commissioner shall be reviewed by the judge
23of the branch of court to which the case has been assigned, upon motion of any party.
24Any determination, order or ruling by the commissioner may be certified to the

1branch of court to which such case has been assigned upon a motion of any party for
2a hearing de novo.
AB354, s. 97 3Section 97. 757.69 (1) (g) 8. to 13. of the statutes are created to read:
AB354,43,54 757.69 (1) (g) 8. Conduct hearings under s. 48.21 or 938.21 and thereafter order
5a child or juvenile held in or released from custody.
AB354,43,76 9. Conduct hearings under s. 48.213 and thereafter order an adult expectant
7mother of an unborn child to be held in or released from custody.
AB354,43,88 10. Conduct plea hearings.
AB354,43,99 11. Conduct prehearing conferences.
AB354,43,1010 12. Issue orders requiring compliance with deferred prosecution agreements.
AB354,43,1111 13. Conduct all proceedings on petitions or citations under s. 938.125.
AB354, s. 98 12Section 98. 757.69 (1) (j) of the statutes is amended to read:
AB354,43,1413 757.69 (1) (j) Hold hearings, make findings and issue temporary restraining
14orders under s. 813.122 or 813.123.
AB354, s. 99 15Section 99. 757.69 (1) (k) of the statutes is repealed and recreated to read:
AB354,43,1816 757.69 (1) (k) Administer oaths, take, certify, and report depositions and
17testimony, take and certify acknowledgments, allow accounts, and fix the amount
18and approve the sufficiency of bonds.
AB354, s. 100 19Section 100. 757.69 (1) (m) of the statutes is amended to read:
AB354,43,2120 757.69 (1) (m) Hold hearings, make findings, and issue temporary restraining
21orders and injunctions under s. 813.12 or 813.125.
AB354, s. 101 22Section 101. 757.69 (1m) of the statutes is created to read:
AB354,44,223 757.69 (1m) Circuit court commissioners assigned to assist a court in juvenile
24matters shall sit at the children's court center, the usual court facility for juvenile

1matters, or such other facility designated by the chief judge of the judicial
2administrative district. Those commissioners may not do any of the following:
AB354,44,43 (a) Conduct fact-finding or dispositional hearings except on petitions or
4citations under s. 938.125 and except as provided in sub. (1) (g) 5.
AB354,44,75 (b) Make dispositions other than approving consent decrees, ordering
6compliance with deferred prosecution agreements and ordering dispositions in
7uncontested proceedings under s. 48.13, 48.133, 938.12, or 938.13.
AB354,44,88 (c) Conduct hearings for the termination of parental rights or for adoptions.
AB354,44,129 (d) Make changes in placements of children, of juveniles, or of the expectant
10mothers of unborn children, or revisions or extensions of dispositional orders, except
11pursuant to petitions or citations under s. 938.125 and in uncontested proceedings
12under s. 48.13, 48.133, 938.12, or 938.13.
AB354,44,1413 (e) Conduct hearings, make findings, or issue orders in proceedings under s.
1448.977 or 48.978.
AB354,44,1615 (f) Conduct waiver hearings under s. 938.18, except as provided in sub. (1) (g)
165.
AB354,44,1717 (g) Make any dispositional order under s. 938.34 (4d), (4h), or (4m).
AB354, s. 102 18Section 102. 757.69 (2) (intro.) of the statutes is amended to read:
AB354,44,2019 757.69 (2) (intro.) A judge may refer to a circuit court commissioner appointed
20under s. 48.065, 757.68, 757.72, 767.13 or 938.065
cases in which:
AB354, s. 103 21Section 103. 757.69 (2) (a) of the statutes is amended to read:
AB354,44,2422 757.69 (2) (a) The trial of an issue of fact requires the examination of an
23account, in which case the circuit court commissioner may be directed to report upon
24any specific question of fact involved therein.
AB354, s. 104 25Section 104. 757.69 (2m) of the statutes is created to read:
AB354,45,2
1757.69 (2m) Circuit court commissioners may exercise, under their own
2authority, all of the powers listed under s. 757.675 (2) to (5).
AB354, s. 105 3Section 105. 757.69 (3) of the statutes is renumbered 757.675 (2), and 757.675
4(2) (intro.) and (g), as renumbered, are amended to read:
AB354,45,65 757.675 (2) (intro.) Court Supplemental court commissioners appointed under
6s. 48.065, 757.68, 757.72, 767.13 or 938.065
may, under their own authority:
AB354,45,97 (g) Except as provided in s. 767.13 (5) (c) 757.69 (1) (p) 3., conduct a paternity
8proceeding according to the procedures set out in ch. 767 whenever a circuit court
9commissioner is specifically authorized to do so.
AB354, s. 106 10Section 106. 757.69 (4) and (5) of the statutes are renumbered 757.675 (3) and
11(4) and amended to read:
AB354,45,1412 757.675 (3) In addition to the duties expressly set forth in sub. (3) (2) (a) to (e)
13(i), a supplemental court commissioner may perform other ministerial duties as
14required by a court.
AB354,45,16 15(4) A supplemental court commissioner may transfer to a court any matter in
16which it appears that justice would be better served by such a transfer.
AB354, s. 107 17Section 107. 757.69 (6) of the statutes is repealed.
AB354, s. 108 18Section 108. 757.69 (7) of the statutes is renumbered 757.675 (5) and amended
19to read:
AB354,45,2220 757.675 (5) A supplemental court commissioner shall refer to a court of record
21for appropriate action every alleged showing of contempt in the carrying out of the
22lawful decisions of the supplemental court commissioner.
AB354, s. 109 23Section 109. 757.69 (8) of the statutes is created to read:
AB354,46,324 757.69 (8) Any decision of a circuit court commissioner shall be reviewed by the
25judge of the branch of court to which the case has been assigned, upon motion of any

1party. Any determination, order, or ruling by a circuit court commissioner may be
2certified to the branch of court to which the case has been assigned, upon a motion
3of any party for a hearing de novo.
AB354, s. 110 4Section 110. 757.695 of the statutes is repealed.
AB354, s. 111 5Section 111. 757.70 (2) of the statutes is amended to read:
AB354,46,106 757.70 (2) All hearings before a circuit or supplemental court commissioner
7shall be held in the county courthouse or other court facilities provided by law. This
8provision does not apply to nontestimonial proceedings, supplementary hearings on
9the present financial status of a debtor under s. 757.69 (3) 757.675 (2) (h) or
10depositions taken before a circuit or supplemental court commissioner.
AB354, s. 112 11Section 112. 757.72 (title) of the statutes is repealed.
AB354, s. 113 12Section 113. 757.72 (1) of the statutes is renumbered 757.68 (4m) and
13amended to read:
AB354,46,2414 757.68 (4m) In counties having a population of 500,000 or more, there is
15created in the classified civil service a circuit court commissioner position to
16supervise
the office of probate court commissioner and to assist the court in probate
17matters
. In counties having a population of at least 100,000 but not more than
18500,000, the county board may create a circuit court commissioner position to
19supervise
the office of probate court commissioner which and to assist in probate
20matters. That position
may be in the classified civil service. If the chief judge
21delegates that authority to a judge assigned to probate jurisdiction, that judge may
22assign to the circuit court commissioner any matters over which the judge has
23jurisdiction, and the circuit court commissioner may determine such matters and
24may sign any order or certificate required by that determination.
AB354, s. 114 25Section 114. 757.72 (2) of the statutes is repealed.
AB354, s. 115
1Section 115. 757.72 (3) of the statutes is repealed.
AB354, s. 116 2Section 116. 757.72 (4) of the statutes is repealed.
AB354, s. 117 3Section 117. 757.72 (5) of the statutes is renumbered 851.73 (1) (g) and
4amended to read:
AB354,47,75 851.73 (1) (g) The register in probate of a county shall Shall have the duties and
6powers of a circuit court commissioner assigned to assist in probate matters and shall
7act in that capacity when designated to do so by a judge assigned probate jurisdiction.
AB354, s. 118 8Section 118. 757.72 (6) of the statutes is repealed.
AB354, s. 119 9Section 119. 757.72 (7) of the statutes is repealed.
AB354, s. 120 10Section 120. 757.72 (8) of the statutes is repealed.
AB354, s. 121 11Section 121. 757.81 (2) of the statutes is repealed.
AB354, s. 122 12Section 122. 757.81 (6) of the statutes is amended to read:
AB354,47,1613 757.81 (6) "Permanent disability" means a physical or mental incapacity which
14impairs the ability of a judge or circuit or supplemental court commissioner to
15substantially perform the duties of his or her judicial office and which is or is likely
16to be of a permanent or continuing nature.
AB354, s. 123 17Section 123. 757.85 (1) (a) of the statutes is amended to read:
AB354,47,2418 757.85 (1) (a) The commission shall investigate any possible misconduct or
19permanent disability of a judge or circuit or supplemental court commissioner.
20Misconduct constitutes cause under article VII, section 11, of the constitution.
21Except as provided in par. (b), judges, circuit or supplemental court commissioners,
22clerks, court reporters, court employes and attorneys shall comply with requests by
23the commission for information, documents and other materials relating to an
24investigation under this section.
AB354, s. 124 25Section 124. 757.85 (1) (b) of the statutes is amended to read:
AB354,48,3
1757.85 (1) (b) The judge or circuit or supplemental court commissioner who is
2under investigation is not subject to the request procedure under par. (a) but is
3subject to the subpoena procedure under sub. (2).
AB354, s. 125 4Section 125. 757.85 (3) of the statutes is amended to read:
AB354,48,125 757.85 (3) The commission may notify a judge or circuit or supplemental court
6commissioner that the commission is investigating possible misconduct by or
7permanent disability of the judge or circuit or supplemental court commissioner.
8Before finding probable cause, the commission shall notify the judge or circuit or
9supplemental
court commissioner of the substance of the complaint or petition and
10afford the judge or circuit or supplemental court commissioner a reasonable
11opportunity to respond. If the judge or circuit or supplemental court commissioner
12responds, the commission shall consider the response before it finds probable cause.
AB354, s. 126 13Section 126. 757.85 (4) of the statutes is amended to read:
AB354,48,1614 757.85 (4) The commission may require a judge or circuit or supplemental court
15commissioner who is under investigation for permanent disability to submit to a
16medical examination arranged by the commission.
AB354, s. 127 17Section 127. 757.85 (5) of the statutes is amended to read:
AB354,48,2418 757.85 (5) The commission shall, upon a finding of probable cause that a judge
19or circuit or supplemental court commissioner has engaged or is engaging in
20misconduct, file a formal complaint with the supreme court. Upon a finding of
21probable cause that a judge or circuit or supplemental court commissioner has a
22permanent disability, the commission shall file a petition with the supreme court.
23If the commission requests a jury under s. 757.87 (1), the request shall be attached
24to the formal complaint or the petition.
AB354, s. 128 25Section 128. 757.87 (1) of the statutes is amended to read:
AB354,49,9
1757.87 (1) After the commission has found probable cause that a judge or
2circuit or supplemental court commissioner has engaged in misconduct or has a
3permanent disability, and before the commission files a formal complaint or a
4petition under s. 757.85 (5), the commission may, by a majority of its total
5membership not disqualified from voting, request a jury hearing. If a jury is not
6requested, the matter shall be heard by a panel constituted under sub. (3). The vote
7of each member on the question of a jury request shall be recorded and shall be
8available for public inspection under s. 19.35 after the formal complaint or the
9petition is filed.
AB354, s. 129 10Section 129. 757.89 of the statutes is amended to read:
AB354,49,24 11757.89 Hearing. A record shall be kept of any hearing on a formal complaint
12or a petition. The allegations of the complaint or petition must be proven to a
13reasonable certainty by evidence that is clear, satisfactory and convincing. The
14hearing shall be held in the county where the judge or circuit or supplemental court
15commissioner resides unless the presiding judge changes venue for cause shown or
16unless the parties otherwise agree. If the hearing is by a panel, the panel shall make
17findings of fact, conclusions of law and recommendations regarding appropriate
18discipline for misconduct or appropriate action for permanent disability and file the
19findings, conclusions and recommendations with the supreme court. If a jury
20hearing is requested under s. 757.87 (1), the presiding judge shall instruct the jury
21regarding the law applicable to judicial misconduct or permanent disability, as
22appropriate. The presiding judge shall file the jury verdict and his or her
23recommendations regarding appropriate discipline for misconduct or appropriate
24action for permanent disability with the supreme court.
AB354, s. 130 25Section 130. 757.93 (1) (a) of the statutes is amended to read:
AB354,50,6
1757.93 (1) (a) All proceedings under ss. 757.81 to 757.99 relating to misconduct
2or permanent disability prior to the filing of a petition or formal complaint by the
3commission are confidential unless a judge or circuit or supplemental court
4commissioner waives the right to confidentiality in writing to the commission. Any
5such waiver does not affect the confidentiality of the identity of a person providing
6information under par. (b).
AB354, s. 131 7Section 131. 757.93 (1) (b) of the statutes is amended to read:
AB354,50,128 757.93 (1) (b) Any person who provides information to the commission
9concerning possible misconduct or permanent disability may request that the
10commission not disclose his or her identity to the judge or circuit or supplemental
11court commissioner prior to the filing of a petition or a formal complaint by the
12commission.
AB354, s. 132 13Section 132. 757.93 (2) of the statutes is amended to read:
AB354,50,2114 757.93 (2) If prior to the filing of a formal complaint or a petition an
15investigation of possible misconduct or permanent disability becomes known to the
16public, the commission may issue statements in order to confirm the pendency of the
17investigation, to clarify the procedural aspects of the disciplinary proceedings, to
18explain the right of the judge or circuit or supplemental court commissioner to a fair
19hearing without prejudgment, to state that the judge or circuit or supplemental court
20commissioner denies the allegations, to state that an investigation has been
21completed and no probable cause was found or to correct public misinformation.
AB354, s. 133 22Section 133. 757.93 (4) (a) of the statutes is amended to read:
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