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:
AB380,52,22 22767.081 (title) Information from the office of family court commissioner.
AB380, s. 137 23Section 137. 767.081 (1) of the statutes is amended to read:
AB380,53,224 767.081 (1) Upon the filing of an action affecting the family, the office of family
25court commissioner shall inform the parties of any services, including referral

1services, offered by the office of family court commissioner and by the director of
2family court counseling services under s. 767.11.
AB380, s. 138 3Section 138. 767.081 (2) (a) (intro.) of the statutes is amended to read:
AB380,53,64 767.081 (2) (a) (intro.) The family A circuit court commissioner shall, with or
5without charge, provide the party with written information on the following, as
6appropriate to the action commenced:
AB380, s. 139 7Section 139. 767.081 (2) (b) of the statutes is amended to read:
AB380,53,108 767.081 (2) (b) The family A circuit court commissioner shall provide a party,
9for inspection or purchase, with a copy of the statutory provisions in this chapter
10generally pertinent to the action.
AB380, s. 140 11Section 140. 767.083 (2) of the statutes is amended to read:
AB380,53,1612 767.083 (2) An order by the court, after consideration of the recommendation
13of the family a circuit court commissioner, directing an immediate hearing on the
14petition for the protection of the health or safety of either of the parties or of any child
15of the marriage or for other emergency reasons consistent with the policies of this
16chapter. The court shall upon granting such order specify the grounds therefor.
AB380, s. 141 17Section 141. 767.085 (1) (i) of the statutes is amended to read:
AB380,53,2418 767.085 (1) (i) If the action is one under s. 767.02 (1) (a), (b), (c), (d), (h) or (i),
19that during the pendency of the action, without the consent of the other party or an
20order of the court or family a circuit court commissioner, the parties are prohibited
21from, and may be held in contempt of court for, encumbering, concealing, damaging,
22destroying, transferring or otherwise disposing of property owned by either or both
23of the parties, except in the usual course of business, in order to secure necessities
24or in order to pay reasonable costs and expenses of the action, including attorney fees.
AB380, s. 142 25Section 142. 767.085 (1) (j) (intro.) of the statutes is amended to read:
AB380,54,4
1767.085 (1) (j) (intro.) Unless the action is one under s. 767.02 (1) (g) or (h), that
2during the pendency of the action, the parties are prohibited from, and may be held
3in contempt of court for, doing any of the following without the consent of the other
4party or an order of the court or family a circuit court commissioner:
AB380, s. 143 5Section 143. 767.085 (3) of the statutes is amended to read:
AB380,54,126 767.085 (3) Service. If only one party initiates the action, the other shall be
7served under ch. 801 and may serve a response or counterclaim within 20 days after
8the date of service, except that questions of jurisdiction may be raised at any time
9prior to judgment. Service shall be made upon the petitioner and upon the family
10circuit court commissioner as provided in s. 767.14, and the original copy of the
11response shall be filed in court. If the parties together initiate the action with a joint
12petition, service of summons is not required.
AB380, s. 144 13Section 144. 767.087 (1) (b) of the statutes is amended to read:
AB380,54,1914 767.087 (1) (b) If the action is one under s. 767.02 (1) (a), (b), (c), (d), (h) or (i),
15encumbering, concealing, damaging, destroying, transferring or otherwise disposing
16of property owned by either or both of the parties, without the consent of the other
17party or an order of the court or family a circuit court commissioner, except in the
18usual course of business, in order to secure necessities or in order to pay reasonable
19costs and expenses of the action, including attorney fees.
AB380, s. 145 20Section 145. 767.087 (1) (c) of the statutes is amended to read:
AB380,55,221 767.087 (1) (c) Unless the action is one under s. 767.02 (1) (g) or (h), without
22the consent of the other party or an order of the court or family a circuit court
23commissioner, establishing a residence with a minor child of the parties outside the
24state or more than 150 miles from the residence of the other party within the state,

1removing a minor child of the parties from the state for more than 90 consecutive
2days or concealing a minor child of the parties from the other party.
AB380, s. 146 3Section 146. 767.087 (2) of the statutes is amended to read:
AB380,55,64 767.087 (2) The prohibitions under sub. (1) shall apply until the action is
5dismissed, until a final judgment in the action is entered or until the court or family
6a circuit court commissioner orders otherwise.
AB380, s. 147 7Section 147. 767.11 (1) (c) of the statutes is amended to read:
AB380,55,98 767.11 (1) (c) A county or counties may designate a the supervisor of the office
9of
family court commissioner as the director under par. (a) or (b).
AB380, s. 148 10Section 148. 767.11 (5) (a) of the statutes is amended to read:
AB380,55,1911 767.11 (5) (a) In any action affecting the family, including a revision of
12judgment or order under s. 767.32 or 767.325, in which it appears that legal custody
13or physical placement is contested, the court or family circuit court commissioner
14shall refer the parties to the director of family court counseling services for possible
15mediation of those contested issues. The court or the family circuit court
16commissioner shall inform the parties that the confidentiality of communications in
17mediation is waived if the parties stipulate under sub. (14) (c) that the person who
18provided mediation to the parties may also conduct the legal custody or physical
19placement study under sub. (14).
AB380, s. 149 20Section 149. 767.11 (5) (b) of the statutes is amended to read:
AB380,55,2521 767.11 (5) (b) If both parties to any action affecting the family wish to have joint
22legal custody of a child, either party may request that the court or family circuit court
23commissioner to refer the parties to the director of family court counseling services
24for assistance in resolving any problem relating to joint legal custody and physical
25placement of the child. Upon request, the court shall so refer the parties.
AB380, s. 150
1Section 150. 767.11 (5) (c) of the statutes is amended to read:
AB380,56,72 767.11 (5) (c) A person who is awarded periods of physical placement, a child
3of such a person, a person with visitation rights or a person with physical custody of
4a child may notify the family a circuit court commissioner of any problem he or she
5has relating to any of these matters. Upon notification, the family circuit court
6commissioner may refer any person involved in the matter to the director of family
7court counseling services for assistance in resolving the problem.
AB380, s. 151 8Section 151. 767.11 (6) of the statutes is amended to read:
AB380,56,169 767.11 (6) Action upon referral. Whenever a court or family circuit court
10commissioner refers a party to the director of family court counseling services for
11possible mediation, the director shall assign a mediator to the case. The mediator
12shall provide mediation if he or she determines it is appropriate. If the mediator
13determines mediation is not appropriate, he or she shall so notify the court.
14Whenever a court or family circuit court commissioner refers a party to the director
15of family court counseling services for any other family court counseling service, the
16director shall take appropriate action to provide the service.
AB380, s. 152 17Section 152. 767.11 (7) of the statutes is amended to read:
AB380,56,2318 767.11 (7) Private mediator. The parties to any action affecting the family may,
19at their own expense, receive mediation services from a mediator other than one who
20provides services under sub. (3). Parties who receive services from such a mediator
21shall sign and file with the director of family court counseling services and with the
22court or family circuit court commissioner a written notice stating the mediator's
23name and the date of the first meeting with the mediator.
AB380, s. 153 24Section 153. 767.11 (13) of the statutes is amended to read:
AB380,57,4
1767.11 (13) Powers of court or family circuit court commissioner. Except as
2provided in sub. (8), referring parties to mediation under this section does not affect
3the power of the court or family a circuit court commissioner to make any necessary
4order relating to the parties during the course of the mediation.
AB380, s. 154 5Section 154. 767.115 (1) (a) of the statutes is amended to read:
AB380,57,116 767.115 (1) (a) At any time during the pendency of an action affecting the
7family in which a minor child is involved and in which the court or family circuit court
8commissioner determines that it is appropriate and in the best interest of the child,
9the court or family circuit court commissioner, on its own motion, may order the
10parties to attend a program specified by the court or family circuit court
11commissioner concerning the effects on a child of a dissolution of the marriage.
AB380, s. 155 12Section 155. 767.115 (1) (b) of the statutes is amended to read:
AB380,57,1913 767.115 (1) (b) At any time during the pendency of an action to determine the
14paternity of a child, or an action affecting the family for which the underlying action
15was an action to determine the paternity of a child, if the court or family circuit court
16commissioner determines that it is appropriate and in the best interest of the child,
17the court or family circuit court commissioner, on its own motion, may order either
18or both of the parties to attend a program specified by the court or family circuit court
19commissioner providing training in parenting or coparenting skills, or both.
AB380, s. 156 20Section 156. 767.115 (1m) of the statutes is amended to read:
AB380,58,221 767.115 (1m) A program under sub. (1) shall be educational rather than
22therapeutic in nature and may not exceed a total of 4 hours in length. The parties
23shall be responsible for the cost, if any, of attendance at the program. The court or
24family circuit court commissioner may specifically assign responsibility for payment

1of any cost. No facts or information obtained in the course of the program, and no
2report resulting from the program, is admissible in any action or proceeding.
AB380, s. 157 3Section 157. 767.115 (2) of the statutes is amended to read:
AB380,58,74 767.115 (2) Notwithstanding s. 767.07, the court or family circuit court
5commissioner may require the parties to attend a program under sub. (1) as a
6condition to the granting of a final judgment or order in the action affecting the
7family that is pending before the court or family circuit court commissioner.
AB380, s. 158 8Section 158. 767.12 (1) of the statutes is amended to read:
AB380,58,139 767.12 (1) Proceedings. In actions affecting the family, all hearings and trials
10to determine whether judgment shall be granted, except hearings under s. 767.13 (5)
11757.69 (1) (p) 3., shall be before the court. The testimony shall be taken by the
12reporter and shall be written out and filed with the record if so ordered by the court.
13Custody proceedings shall receive priority in being set for hearing.
AB380, s. 159 14Section 159. 767.125 of the statutes is amended to read:
AB380,58,21 15767.125 Order for appearance of litigants. Unless nonresidence in the
16state is shown by competent evidence, service is by publication, or the court shall for
17other good cause otherwise order, both parties in actions affecting the family shall
18be required to appear upon the trial. An order of the court or family a circuit court
19commissioner to that effect shall accordingly be procured by the moving party, and
20shall be served upon the nonmoving party before the trial. In the case of a joint
21petition the order is not required.
AB380, s. 160 22Section 160. 767.13 (title) of the statutes is repealed.
AB380, s. 161 23Section 161. 767.13 (1) of the statutes is renumbered 757.68 (2m) (a) and
24amended to read:
AB380,59,7
1757.68 (2m) (a) Counties other than Milwaukee. 1. `Appointment.' In each
2county, except in a county having a population of 500,000 or more, the circuit judges
3for the county, subject to the approval of
the chief judge of the judicial administrative
4district, shall, by order filed in the office of the clerk of the circuit court on or before
5the first Monday of July of each year, appoint some reputable attorney of recognized
6ability and standing at the bar as the
a circuit court commissioner to supervise the
7office of
family court commissioner for the county.
AB380,59,248 2. `Powers; civil service; oath; temporary appointment; assistants.' The family
9court commissioner, by virtue of the office and to the extent required for the
10performance of the duties, has the powers of a court commissioner. The
circuit court
11commissioner appointed to supervise the office of
family court commissioner is in
12addition to the maximum number of circuit court commissioners permitted by s.
13757.68 (1). The circuit court commissioner supervising the office of the family court
14commissioner, or any assistant circuit court commissioner assisting in family
15matters
, may be placed under a county civil service system by resolution of the county
16board. Before entering upon the discharge of the duties the family court
17commissioner shall take and file the official oath. The person appointed shall
18continue to act until a successor is appointed and qualified, except that in the event
19of disability or extended absence the judges may appoint another reputable attorney
20to act as temporary family court commissioner. The county board may provide that
21one or more assistant family court commissioners shall be appointed by the circuit
22judges for the county, subject to the approval of the chief judge of the judicial
23administrative district. An assistant family court commissioner shall have the same
24qualifications as the commissioner and shall take and file the official oath.
AB380, s. 162 25Section 162. 767.13 (2) (title) of the statutes is repealed.
AB380, s. 163
1Section 163. 767.13 (2) (a) of the statutes is renumbered 757.68 (2m) (b) and
2amended to read:
AB380,60,103 757.68 (2m) (b) Appointment; assistants; civil service Milwaukee County. In
4counties having a population of 500,000 or more, there is created in the classified civil
5service a circuit court commissioner position to supervise the office of family court
6commissioner and such additional assistant family circuit court commissioners
7commissioner positions as the county board shall determine and authorize, who.
8Circuit court commissioners
shall be appointed from the membership of the bar
9residing in the county
to these positions by the chief judge of the judicial
10administrative district under ss. 63.01 to 63.17 SCR 75.02 (1).
AB380, s. 164 11Section 164. 767.13 (2) (b), (3) and (4) of the statutes are repealed.
AB380, s. 165 12Section 165. 767.13 (5) (title) and (a) (title) of the statutes are repealed.
Loading...
Loading...