AB380,42,98 9. Conduct hearings under s. 48.213 and thereafter order an adult expectant
9mother of an unborn child to be held in or released from custody.
AB380,42,1010 10. Conduct plea hearings.
AB380,42,1111 11. Conduct prehearing conferences.
AB380,42,1212 12. Issue orders requiring compliance with deferred prosecution agreements.
AB380,42,1313 13. Conduct all proceedings on petitions or citations under s. 938.125.
AB380, s. 94 14Section 94. 757.69 (1) (j) of the statutes is amended to read:
AB380,42,1615 757.69 (1) (j) Hold hearings, make findings and issue temporary restraining
16orders under s. 813.122 or 813.123.
AB380, s. 95 17Section 95. 757.69 (1) (k) of the statutes is repealed and recreated to read:
AB380,42,2018 757.69 (1) (k) Administer oaths, take, certify and report depositions and
19testimony, take and certify acknowledgments, allow accounts and fix the amount and
20approve the sufficiency of bonds.
AB380, s. 96 21Section 96. 757.69 (1) (m) of the statutes is amended to read:
AB380,42,2322 757.69 (1) (m) Hold hearings, make findings and issue temporary restraining
23orders and injunctions under s. 813.12 or 813.125.
AB380, s. 97 24Section 97. 757.69 (1m) of the statutes is created to read:
AB380,43,4
1757.69 (1m) Circuit court commissioners assigned to assist a court in juvenile
2matters shall sit at the children's court center, the usual court facility for juvenile
3matters or such other facility designated by the chief judge of the judicial
4administrative district. Those commissioners may not do any of the following:
AB380,43,65 (a) Conduct fact-finding or dispositional hearings except on petitions or
6citations under s. 938.125 and except as provided in sub. (1) (g) 5.
AB380,43,97 (b) Make dispositions other than approving consent decrees, ordering
8compliance with deferred prosecution agreements and ordering dispositions in
9uncontested proceedings under s. 48.13, 48.133, 938.12 or 938.13.
AB380,43,1010 (c) Conduct hearings for the termination of parental rights or for adoptions.
AB380,43,1411 (d) Make changes in placements of children, of juveniles or of the expectant
12mothers of unborn children, or revisions or extensions of dispositional orders, except
13pursuant to petitions or citations under s. 938.125 and in uncontested proceedings
14under s. 48.13, 48.133, 938.12 or 938.13.
AB380,43,1615 (e) Conduct hearings, make findings or issue orders in proceedings under s.
1648.977 or 48.978.
AB380,43,1817 (f) Conduct waiver hearings under s. 938.18, except as provided in sub. (1) (g)
185.
AB380,43,1919 (g) Make any dispositional order under s. 938.34 (4d), (4h) or (4m).
AB380, s. 98 20Section 98. 757.69 (2) (intro.) of the statutes is amended to read:
AB380,43,2221 757.69 (2) (intro.) A judge may refer to a circuit court commissioner appointed
22under s. 48.065, 757.68, 757.72, 767.13 or 938.065
cases in which:
AB380, s. 99 23Section 99. 757.69 (2) (a) of the statutes is amended to read:
AB380,44,3
1757.69 (2) (a) The trial of an issue of fact requires the examination of an
2account, in which case the circuit court commissioner may be directed to report upon
3any specific question of fact involved therein.
AB380, s. 100 4Section 100. 757.69 (2m) of the statutes is created to read:
AB380,44,65 757.69 (2m) Circuit court commissioners may exercise, under their own
6authority, all of the powers listed under s. 757.675 (2) to (5).
AB380, s. 101 7Section 101. 757.69 (3) of the statutes is renumbered 757.675 (2), and 757.675
8(2) (intro.) and (g), as renumbered, are amended to read:
AB380,44,109 757.675 (2) (intro.) Court Supplemental court commissioners appointed under
10s. 48.065, 757.68, 757.72, 767.13 or 938.065
may, under their own authority:
AB380,44,1311 (g) Except as provided in s. 767.13 (5) (c) 757.69 (1) (p) 3., conduct a paternity
12proceeding according to the procedures set out in ch. 767 whenever a circuit court
13commissioner is specifically authorized to do so.
AB380, s. 102 14Section 102. 757.69 (4) and (5) of the statutes are renumbered 757.675 (3) and
15(4) and amended to read:
AB380,44,1816 757.675 (3) In addition to the duties expressly set forth in sub. (3) (2) (a) to (e)
17(i), a supplemental court commissioner may perform other ministerial duties as
18required by a court.
AB380,44,20 19(4) A supplemental court commissioner may transfer to a court any matter in
20which it appears that justice would be better served by such a transfer.
AB380, s. 103 21Section 103. 757.69 (6) of the statutes is repealed.
AB380, s. 104 22Section 104. 757.69 (7) of the statutes is renumbered 757.675 (5) and amended
23to read:
AB380,45,3
1757.675 (5) A supplemental court commissioner shall refer to a court of record
2for appropriate action every alleged showing of contempt in the carrying out of the
3lawful decisions of the supplemental court commissioner.
AB380, s. 105 4Section 105. 757.69 (8) of the statutes is created to read:
AB380,45,95 757.69 (8) Any decision of a circuit court commissioner shall be reviewed by the
6judge of the branch of court to which the case has been assigned, upon motion of any
7party. Any determination, order or ruling by a circuit court commissioner may be
8certified to the branch of court to which the case has been assigned, upon a motion
9of any party for a hearing de novo.
AB380, s. 106 10Section 106. 757.695 of the statutes is repealed.
AB380, s. 107 11Section 107. 757.70 (2) of the statutes is amended to read:
AB380,45,1612 757.70 (2) All hearings before a circuit or supplemental court commissioner
13shall be held in the county courthouse or other court facilities provided by law. This
14provision does not apply to nontestimonial proceedings, supplementary hearings on
15the present financial status of a debtor under s. 757.69 (3) 757.675 (2) (h) or
16depositions taken before a circuit or supplemental court commissioner.
AB380, s. 108 17Section 108. 757.72 (title) of the statutes is repealed.
AB380, s. 109 18Section 109. 757.72 (1) of the statutes is renumbered 757.68 (4m) and
19amended to read:
AB380,46,520 757.68 (4m) In counties having a population of 500,000 or more, there is
21created in the classified civil service a circuit court commissioner position to
22supervise
the office of probate court commissioner and to assist the court in probate
23matters
. In counties having a population of at least 100,000 but not more than
24500,000, the county board may create a circuit court commissioner position to
25supervise
the office of probate court commissioner which and to assist in probate

1matters. That position
may be in the classified civil service. If the chief judge
2delegates that authority to a judge assigned to probate jurisdiction, that judge may
3assign to the circuit court commissioner any matters over which the judge has
4jurisdiction, and the circuit court commissioner may determine such matters and
5may sign any order or certificate required by that determination.
AB380, s. 110 6Section 110. 757.72 (2) of the statutes is repealed.
AB380, s. 111 7Section 111. 757.72 (3) of the statutes is repealed.
AB380, s. 112 8Section 112. 757.72 (4) of the statutes is repealed.
AB380, s. 113 9Section 113. 757.72 (5) of the statutes is renumbered 851.73 (1) (g) and
10amended to read:
AB380,46,1311 851.73 (1) (g) The register in probate of a county shall Shall have the duties and
12powers of a circuit court commissioner assigned to assist in probate matters and shall
13act in that capacity when designated to do so by a judge assigned probate jurisdiction.
AB380, s. 114 14Section 114. 757.72 (6) of the statutes is repealed.
AB380, s. 115 15Section 115. 757.72 (7) of the statutes is repealed.
AB380, s. 116 16Section 116. 757.72 (8) of the statutes is repealed.
AB380, s. 117 17Section 117. 757.81 (2) of the statutes is repealed.
AB380, s. 118 18Section 118. 757.81 (6) of the statutes is amended to read:
AB380,46,2219 757.81 (6) "Permanent disability" means a physical or mental incapacity which
20impairs the ability of a judge or circuit or supplemental court commissioner to
21substantially perform the duties of his or her judicial office and which is or is likely
22to be of a permanent or continuing nature.
AB380, s. 119 23Section 119. 757.85 (1) (a) of the statutes is amended to read:
AB380,47,524 757.85 (1) (a) The commission shall investigate any possible misconduct or
25permanent disability of a judge or circuit or supplemental court commissioner.

1Misconduct constitutes cause under article VII, section 11, of the constitution.
2Except as provided in par. (b), judges, circuit or supplemental court commissioners,
3clerks, court reporters, court employes and attorneys shall comply with requests by
4the commission for information, documents and other materials relating to an
5investigation under this section.
AB380, s. 120 6Section 120. 757.85 (1) (b) of the statutes is amended to read:
AB380,47,97 757.85 (1) (b) The judge or circuit or supplemental court commissioner who is
8under investigation is not subject to the request procedure under par. (a) but is
9subject to the subpoena procedure under sub. (2).
AB380, s. 121 10Section 121. 757.85 (3) of the statutes is amended to read:
AB380,47,1811 757.85 (3) The commission may notify a judge or circuit or supplemental court
12commissioner that the commission is investigating possible misconduct by or
13permanent disability of the judge or circuit or supplemental court commissioner.
14Before finding probable cause, the commission shall notify the judge or circuit or
15supplemental
court commissioner of the substance of the complaint or petition and
16afford the judge or circuit or supplemental court commissioner a reasonable
17opportunity to respond. If the judge or circuit or supplemental court commissioner
18responds, the commission shall consider the response before it finds probable cause.
AB380, s. 122 19Section 122. 757.85 (4) of the statutes is amended to read:
AB380,47,2220 757.85 (4) The commission may require a judge or circuit or supplemental court
21commissioner who is under investigation for permanent disability to submit to a
22medical examination arranged by the commission.
AB380, s. 123 23Section 123. 757.85 (5) of the statutes is amended to read:
AB380,48,524 757.85 (5) The commission shall, upon a finding of probable cause that a judge
25or circuit or supplemental court commissioner has engaged or is engaging in

1misconduct, file a formal complaint with the supreme court. Upon a finding of
2probable cause that a judge or circuit or supplemental court commissioner has a
3permanent disability, the commission shall file a petition with the supreme court.
4If the commission requests a jury under s. 757.87 (1), the request shall be attached
5to the formal complaint or the petition.
AB380, s. 124 6Section 124. 757.87 (1) of the statutes is amended to read:
AB380,48,157 757.87 (1) After the commission has found probable cause that a judge or
8circuit or supplemental court commissioner has engaged in misconduct or has a
9permanent disability, and before the commission files a formal complaint or a
10petition under s. 757.85 (5), the commission may, by a majority of its total
11membership not disqualified from voting, request a jury hearing. If a jury is not
12requested, the matter shall be heard by a panel constituted under sub. (3). The vote
13of each member on the question of a jury request shall be recorded and shall be
14available for public inspection under s. 19.35 after the formal complaint or the
15petition is filed.
AB380, s. 125 16Section 125. 757.89 of the statutes is amended to read:
AB380,49,5 17757.89 Hearing. A record shall be kept of any hearing on a formal complaint
18or a petition. The allegations of the complaint or petition must be proven to a
19reasonable certainty by evidence that is clear, satisfactory and convincing. The
20hearing shall be held in the county where the judge or circuit or supplemental court
21commissioner resides unless the presiding judge changes venue for cause shown or
22unless the parties otherwise agree. If the hearing is by a panel, the panel shall make
23findings of fact, conclusions of law and recommendations regarding appropriate
24discipline for misconduct or appropriate action for permanent disability and file the
25findings, conclusions and recommendations with the supreme court. If a jury

1hearing is requested under s. 757.87 (1), the presiding judge shall instruct the jury
2regarding the law applicable to judicial misconduct or permanent disability, as
3appropriate. The presiding judge shall file the jury verdict and his or her
4recommendations regarding appropriate discipline for misconduct or appropriate
5action for permanent disability with the supreme court.
AB380, s. 126 6Section 126. 757.93 (1) (a) of the statutes is amended to read:
AB380,49,127 757.93 (1) (a) All proceedings under ss. 757.81 to 757.99 relating to misconduct
8or permanent disability prior to the filing of a petition or formal complaint by the
9commission are confidential unless a judge or circuit or supplemental court
10commissioner waives the right to confidentiality in writing to the commission. Any
11such waiver does not affect the confidentiality of the identity of a person providing
12information under par. (b).
AB380, s. 127 13Section 127. 757.93 (1) (b) of the statutes is amended to read:
AB380,49,1814 757.93 (1) (b) Any person who provides information to the commission
15concerning possible misconduct or permanent disability may request that the
16commission not disclose his or her identity to the judge or circuit or supplemental
17court commissioner prior to the filing of a petition or a formal complaint by the
18commission.
AB380, s. 128 19Section 128. 757.93 (2) of the statutes is amended to read:
AB380,50,220 757.93 (2) If prior to the filing of a formal complaint or a petition an
21investigation of possible misconduct or permanent disability becomes known to the
22public, the commission may issue statements in order to confirm the pendency of the
23investigation, to clarify the procedural aspects of the disciplinary proceedings, to
24explain the right of the judge or circuit or supplemental court commissioner to a fair
25hearing without prejudgment, to state that the judge or circuit or supplemental court

1commissioner denies the allegations, to state that an investigation has been
2completed and no probable cause was found or to correct public misinformation.
AB380, s. 129 3Section 129. 757.93 (4) (a) of the statutes is amended to read:
AB380,50,64 757.93 (4) (a) Referring to the director of state courts information relating to
5an alleged delay or an alleged temporary disability of a judge or circuit or
6supplemental
court commissioner.
AB380, s. 130 7Section 130. 757.95 of the statutes is amended to read:
AB380,50,12 8757.95 Temporary suspension by supreme court. The supreme court may,
9following the filing of a formal complaint or a petition by the commission, prohibit
10a judge or circuit or supplemental court commissioner from exercising the powers of
11a judge or circuit or supplemental court commissioner pending final determination
12of the proceedings.
AB380, s. 131 13Section 131. 757.99 of the statutes is amended to read:
AB380,50,23 14757.99 Attorney fees. A judge or circuit or supplemental court commissioner
15against whom a petition alleging permanent disability is filed by the commission
16shall be reimbursed for reasonable attorney fees if the judge or circuit or
17supplemental
court commissioner is found not to have a permanent disability. A
18judge or circuit or supplemental court commissioner against whom a formal
19complaint alleging misconduct is filed by the commission and who is found not to
20have engaged in misconduct may be reimbursed for reasonable attorney fees. Any
21judge or circuit or supplemental court commissioner seeking recovery of attorney
22fees authorized or required under this section shall file a claim with the claims board
23under s. 16.53.
AB380, s. 132 24Section 132. 765.11 (1) of the statutes is amended to read:
AB380,51,19
1765.11 (1) If any parent, grandparent, child, or natural guardian of a minor
2applicant for a marriage license, any brother, sister or guardian of either of the
3applicants for a marriage license, either of the applicants, the district attorney or the
4family a circuit court commissioner believes that the statements of the application
5are false or insufficient, or that the applicants or either of them are incompetent to
6marry, that person may file with the court having probate jurisdiction in the county
7in which the marriage license is applied for, a petition under oath, setting forth the
8grounds of objection to the marriage and asking for an order requiring the parties
9making such application to show cause why the marriage license should not be
10refused. Whereupon, the court, if satisfied that the grounds of objection are prima
11facie valid, shall issue an order to show cause as aforesaid, returnable as the court
12directs, but not more than 14 days after the date of the order, which shall be served
13forthwith upon the applicants for the marriage license residing in the state, and upon
14the clerk before whom the application has been made, and shall operate as a stay
15upon the issuance of the marriage license until further ordered; if either or both of
16the applicants are nonresidents of the state the order shall be served forthwith upon
17the nonresident by publication of a class 1 notice, under ch. 985, in the county
18wherein the application is pending, and by mailing a copy thereof to the nonresident
19at the address contained in the application.
AB380, s. 133 20Section 133. 765.11 (2) of the statutes is amended to read:
AB380,52,821 765.11 (2) If, upon hearing, the court finds that the statements in the
22application are wilfully false or insufficient, or that either or both of said parties are
23not competent in law to marry, the court shall make an order refusing the marriage
24license, and shall immediately report such matter to the district attorney. If said
25falseness or insufficiency is due merely to inadvertence, then the court shall permit

1the parties to amend the application so as to make the statements therein true and
2sufficient, and upon application being so amended, the marriage license shall be
3issued. If any party is unable to supply any of the information required in the
4application, the court may, if satisfied that such inability is not due to wilfulness or
5negligence, order the marriage license to be issued notwithstanding such
6insufficiency. The costs and disbursements of the proceedings under this section
7shall rest in the discretion of the court, but none shall be taxed against any district
8attorney or family circuit court commissioner acting in good faith.
AB380, s. 134 9Section 134. 765.16 (5) of the statutes is amended to read:
AB380,52,1210 765.16 (5) Any family court commissioner appointed under s. 767.13 or circuit
11court commissioner appointed under SCR 75.02 (1) or supplemental
court
12commissioner appointed under s. 757.68 757.675 (1).
AB380, s. 135 13Section 135. 767.045 (1) (c) (intro.) of the statutes is amended to read:
AB380,52,2014 767.045 (1) (c) (intro.) The attorney responsible for support enforcement under
15s. 59.53 (6) (a) may request that the court or family a circuit court commissioner
16appoint a guardian ad litem to bring an action or motion on behalf of a minor who
17is a nonmarital child whose paternity has not been acknowledged under s. 767.62 (1)
18or a substantially similar law of another state or adjudicated for the purpose of
19determining the paternity of the child, and the court or family circuit court
20commissioner shall appoint a guardian ad litem, if any of the following applies:
AB380, s. 136 21Section 136. 767.081 (title) of the statutes is amended to read:
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