History: 1983 a. 146
; 1995 a. 201
; Stats. 1995 s. 59.36.
Service when no coroner.
Whenever there is a vacancy in the office of coroner, or when the coroner is absent from the county, sick or unable to perform the duties of that office, or for any reason, except the nonpayment of legal fees, refuses to serve and execute legal process against the sheriff in any action commenced in any court of record within the county for which the coroner was or should have been elected, any judge of a court of record or court commissioner of the county may, on proof of the vacancy, sickness, absence or refusal to serve and execute such process, by an order to be endorsed on such process and addressed to him or her, empower any citizen of the county in which such process is to be served and executed to serve and execute the same; and that order shall be sufficient authority to the person therein named to serve and execute such process with like powers, liabilities and fees as the coroner.
History: 1977 c. 449
; 1995 a. 201
; Stats. 1995 s. 59.37.
Medical examiner and assistants. 59.38(1)
Medical examiner, assistants; salaries; fees; report.
The medical examiner and medical examiner's assistants authorized by the board shall be paid semimonthly out of the county treasury of the proper county, for the performance of all their official duties and in lieu of all other compensation, salaries to be fixed by the board. The medical examiner and medical examiner's assistants shall collect for all services performed, except in cases where the county is solely liable, all fees that coroners are by law entitled to receive, and shall keep accurate books of account in which shall be entered from day to day the items of services rendered, the titles of the proceedings in which and the names of the persons for whom rendered, and the fees charged and received, and shall, at the end of every 3 months, render to the board and to the treasurer an accurate report or statement, verified by his or her oath, of all fees and income collected by them or for them during the 3 months; and at the same time they shall pay to the treasurer all fees and incomes collected by them, or which they were entitled by law to charge or receive, not paid to the treasurer. The medical examiner or a medical examiner's assistant shall act as coroner in a nearby county when requested to do so under s. 59.34 (2) (b)
(2) Office and records.
The board shall provide for the use of the medical examiner suitable offices at the county seat, and the medical examiner shall keep in his or her office proper books containing records of all inquests held by the medical examiner, setting forth the time and place of holding the inquests and the names of the jurors serving thereon, together with a brief statement of the inquest proceedings.
(3) Medical examiner's bond.
Before entering upon the duties of office, the medical examiner of the county shall deliver to the clerk a bond, subscribed by 2 or more sufficient sureties, in such penal sum as the board determines, conditioned for the faithful performance of all official duties as set forth in this chapter and ch. 979
and that he or she will faithfully account for and pay to the treasurer of the county all moneys which may come to him or her belonging to the county, and which by virtue of this chapter and ch. 979
the medical examiner is required to account for and pay as aforesaid.
(4) Special counties; deputies and assistants; powers.
The medical examiner and his or her assistants shall be compensated for the performance of all their official duties by salaries fixed by the board under sub. (1)
(5) Medical examiner; appointment in populous counties.
In a county with a population of 500,000 or more, the county executive shall appoint the medical examiner in the unclassified service, subject to confirmation by a majority of the board. The medical examiner may be dismissed at any time by the county executive with the concurrence of a majority of the members-elect of the board, or by a majority of the members-elect of the board with the concurrence of the county executive. If the county executive vetoes an action by the board to dismiss the medical examiner, the board may override the veto by a two-thirds vote of the members-elect of the board.
History: 1995 a. 201
; 1997 a. 35
Coroner or medical examiner as funeral director, limitation.
No coroner, deputy coroner, medical examiner or assistant medical examiner who is a licensed funeral director, an owner or operator of a funeral establishment as defined in s. 445.01
, or an employee of a funeral establishment, and no funeral establishment with which such a coroner, deputy coroner, medical examiner or assistant medical examiner is associated, shall perform any of the services of a funeral director upon the body of any person whose death is required by law to be investigated by such coroner, his or her deputy, medical examiner or assistant medical examiner. Any person who violates this section shall be fined not more than $50.
Clerk of court. 59.40(1)(1)
Clerk of court; deputies; chief deputy; division chief deputies; calendar deputy clerk in certain counties. 59.40(1)(a)(a) Counties of less than 500,000 population.
Every clerk of the circuit court shall appoint one or more deputies and the appointments shall be approved by the majority of circuit judges for the county, but shall be revocable by the clerk at pleasure, except in counties having a population of 500,000 or more. The appointments and revocations shall be in writing and shall be filed in the clerk's office. The deputies shall aid the clerk in the discharge of the clerk's duties. In the absence of the clerk from the office or from the court, the deputies may perform all the clerk's duties; or in case of a vacancy by resignation, death, removal or other cause the deputy appointed shall perform all such duties until the vacancy is filled.
(b) Counties of more than 500,000 population.
In counties having a population of 500,000 or more the clerk shall appoint one chief deputy and 4 assistant chief deputy clerks, 3 calendar deputy clerks, and one or more deputy clerks as the board authorizes. The deputy clerks shall aid the clerk in the discharge of the clerk's duties under the supervision of the clerk, the chief deputy clerk and the assistant chief deputy clerks. The appointments of the chief deputy clerk who is exempt from classified civil service and the calendar deputy clerks shall be in writing and filed in the clerk's office. These appointments shall be approved by the chief judge of the judicial administrative district, but are revocable at the pleasure of the clerk. The chief deputy clerk has all powers and duties of assistant chief deputy clerks, deputy clerks, and other court assistants except bailiffs and reporters and in the absence of the clerk from the office or from the court, the chief deputy clerk may perform all of the clerk's duties; or in case of a vacancy by resignation, death, removal or other cause the chief deputy clerk shall perform all such duties until the vacancy is filled.
(2) Clerk of court; to keep court papers, books and records.
The clerk of circuit court shall:
File and keep all papers properly deposited with him or her in every action or proceeding unless required to transmit the papers. The papers may be microfilmed or microphotographed, or transferred to optical disks or electronic format if authorized under s. 59.52 (14)
, and the originals may thereafter be destroyed upon compliance with SCR chapter 72
Keep a court record and write in that record the names of parties in every civil action or proceeding in the court, the names of attorneys representing the parties, a brief statement of the nature of the action or proceeding, the date of filing every paper therein and of each proceeding taken, the file in which the papers can be found, the time when the action or proceeding is put on the calendar for trial, and when and how the action or proceeding is disposed of; the location where minutes in every case can be found and the place in the judgment record or microfilm or optical disc or electronic file where any judgment, order or report has been recorded, so as to make the court record a history in brief of each action or proceeding from beginning to final disposition; and a complete index of all proceedings therein.
Keep a criminal record and write in that record a history in every criminal action like the court record in civil actions and proceedings with references to the file where papers in the action can be found, to the minute record and to the information record where indictments and informations can be found.
Keep a minute record and, except for actions under ch. 799
, write in that record a brief statement of all proceedings in open court showing motions and orders during trial, names of witnesses, jurors selected, the officer sworn to take them in charge, jury verdicts and openings and adjournments of court. The clerk, in lieu of keeping a minute record, may elect to incorporate in the appropriate court record, civil or criminal, the data which this paragraph requires to be recorded.
Keep a judgment and lien docket of all money judgments of the court, transcripts from judgment and lien dockets of other Wisconsin courts and of federal courts, warrants for unemployment insurance and warrants for delinquent Wisconsin income or franchise taxes.
Keep a judgment and lien docket of all claims for liens filed by contractors, subcontractors, materialmen and laborers and all claims filed for log, mining and maintenance liens.
Keep an index to the court record, the criminal record, the judgment record and the lien record.
File, enter, record and keep such other papers, books and records as are required by law.
Keep a record called registers of officials and write or copy in the record in tabular form the names of court commissioners, deputy sheriffs, notaries public and municipal judges. The clerk shall list the officers' names, the dates of their qualification and the commencement and termination, if any, of their terms. The names shall be in alphabetical order or there shall be an index in alphabetical order to the names.
Keep a record called certificate lists and write or copy in the record a list of all certificates issued by him or her to witnesses, interpreters, jurors, sheriffs, deputy sheriffs and deputy clerks, stating the persons to whom issued, the number, date and amount of each certificate. At each annual session of the board, the board may request that the clerk prepare a summary report of certificates issued in the previous year.
Send to the secretary of state on or before June 1 of each year a certified list of all municipal judges who filed their official bonds during the preceding year.
Pay monthly to the treasurer for the use of the state the state's percentage of the fees required to be paid on each civil action, criminal action and special proceeding filed during the preceding month and pay monthly to the treasurer for the use of the state the percentage of court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 757.05
for the penalty assessment surcharge, the amounts required by s. 165.755
for the crime laboratories and drug law enforcement assessment, the amounts required by s. 167.31 (5)
for the weapons assessment, the amounts required by s. 973.045
for the crime victim and witness assistance surcharge, the amounts required by s. 938.34 (8d)
for the delinquency victim and witness assistance surcharge, the amounts required by s. 973.046
for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 961.41 (5)
for the drug abuse program improvement surcharge, the amounts required by s. 100.261
for the consumer information assessment, the amounts authorized by s. 971.37 (1m) (c) 1.
or required by s. 973.055
for the domestic abuse assessment surcharge, the amounts required by s. 253.06 (4) (c)
for the enforcement assessment under the supplemental food program for women, infants and children, the amounts required by ss. 346.177
and 346.65 (4r)
for the railroad crossing improvement assessment, the amounts required by s. 346.655
for the driver improvement surcharge, the amounts required by s. 102.85 (4)
for the uninsured employer assessment, the amounts required by s. 299.93
for the environmental assessment, the amounts required under s. 29.983
for the wild animal protection assessment, the amounts required under s. 29.987 (1) (d)
for the natural resources assessment surcharge, the amounts required by s. 29.985
for the fishing shelter removal assessment, the amounts required by s. 350.115
for the snowmobile registration restitution payment and the amounts required under s. 29.989 (1) (d)
for the natural resources restitution payments. The payments shall be made by the 15th day of the month following receipt thereof.
Pay monthly to the treasurer the amounts required by s. 302.46 (1)
for the jail assessment surcharge. The payments shall be made by the 15th day of the month following receipt thereof.
Address process to the coroner if a party, the party's agent or the party's attorney files an affidavit that the party believes the sheriff will not properly perform the sheriff's duty in such action.
Cooperate with the department of workforce development with respect to the child and spousal support and establishment of paternity and medical liability support program under ss. 49.22
and 59.53 (5)
, and provide that department with any information from court records which it requires to administer that program.
Perform all other duties that are required by law.
(3) Clerk of court; fees; investment of funds. 59.40(3)(a)(a)
The clerk of the circuit court shall collect the fees that are prescribed in ss. 814.60
. The clerk may refuse to accept any paper for filing or recording until the fee prescribed in subch. II of ch. 814
or any applicable statute is paid.
Except as provided in par. (c)
, the clerk may invest any funds that are paid into his or her office and are being held for repayment. The investments shall be made in suitably protected accounts in the manner specified in s. 66.0603 (1)
[s. 66.0603 (1m)
] and all income that may accrue shall be paid into the county general fund.
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
A judge may direct that par. (b)
does not apply to certain funds paid into the office. The judge's authority applies only to funds relating to cases before his or her court.
(4) Clerk of circuit court; collection agency contract.
If authorized by the board under s. 59.52 (28)
, the clerk of circuit court may contract with a collection agency for the collection of unpaid fines and forfeitures. Any contract entered into shall provide that the collection agency shall be paid from the proceeds recovered by the collection agency. The net proceeds received by the clerk of circuit court after the payment to the collection agency shall be considered the amount of fines and forfeitures collected for purposes of distribution to the state and county under sub. (2) (m)
History: 1995 a. 27
; 1995 a. 201
; 1995 a. 224
; 1995 a. 227
; 1995 a. 279
; 1995 a. 404
; 1995 a. 438
; 1995 a. 448
; Sup. Ct. Order No. 96-08
, 207 Wis. 2d xv (1997); 1997 a. 3
; 1997 a. 35
; 1997 a. 39
; 1999 a. 9
; 1999 a. 150
Cross-references: Furnish information to the state registrar of vital statistics, ss. 69.01 (5), 69.12 (1), 69.14 (1) (h), 69.15 (1) (b), 69.16 (2), 69.17, 69.19 and 69.21 (4) (b).
Collect and disburse maintenance and support payments, ch. 767.
Furnish information to the judicial council, s. 758.13.
Authenticate, certify and transmit documents, ss. 753.30, 801.61, 809.15, 889.08 and 889.09.
Receive bail as provided by law, ch. 818 and ch. 969.
Perform duties with respect to jurors, ch. 756.
Care for county law library, s. 757.40.
Tax costs and collect fees, ch. 814.
Issue executions and writs of assistance, ch. 815.
Issue and sign subpoenas, s. 885.01.
Keep a lien docket, s. 779.07.
A clerk of court who customarily supplies an affidavit form to persons claiming witness fees cannot refuse one to a person whom he believes not entitled to such fees. State ex rel. Hurley v. Schmidley, 48 Wis. 2d 659
, 180 N.W.2d 605
Under s. 59.42 (1) [now 59.40 (3) (a)], a clerk retains discretion to refuse to file documents unless the fee is tendered, even though the standard may result in inconsistent policies among the counties. Giese v. LIRC, 153 Wis. 2d 212
, 450 N.W.2d 489
(Ct. App. 1989).
The payment to a county under s. 59.42 (2) [now 59.40 (3) (b)] of interest earned on a condemnation award deposited with the clerk is not an unconstitutional taking. Brongman v. Douglas County, 164 Wis. 2d 718
, 476 N.W.2d 611
(Ct. App. 1991).
The express powers to appoint and discharge deputies under this section are separate from those of the county and are not subject to a collective bargaining agreement entered into by the county. Crawford County v. WERC, 177 Wis. 2d 66
, 501 N.W.2d 836
(Ct. App. 1993).
Crawford County v. WERC is restricted to its facts. Deputized employees, apart from the chief deputy, are exempt from the terms of collective bargaining agreements only to the extent that they are managerial or supervisory employees. Eau Claire County v. AFSCME Local 2223, 190 Wis. 2d 298
, 526 N.W.2d 802
(Ct. App. 1994).
Removal by the court clerk of an employee with dual employment status as deputy court clerk and judicial assistant from the judicial assistant position was not authorized by sub. (1). The removal was subject to the terms of a collective bargaining agreement. Winnebago County v. Courthouse Employees Association, 196 Wis. 2d 733
, 540 N.W.2d 240
(Ct. App. 1995).
For a paper to be filed, it must be properly deposited with the clerk under s. 59.40 (2). "Properly" connotes complying with formality or correctness, but is not susceptible to exact definition. The delivery of papers to the clerk at his home after business hours was too far removed from legislative guidelines to be considered "properly deposited." Granado v. Sentry Insurance, 228 Wis. 2d 794
, 599 N.W.2d 62
(Ct. App. 1999).
A county civil service ordinance enacted under s. 59.07 (20) [now 59.52 (8)] or a collective bargaining agreement under s. 111.70, establishing a procedure to be followed prior to discharge of a classified employee, supersede and modify s. 59.38 (1) [now s. 59.40 (1) (a)]. 63 Atty. Gen. 147.
Clerks of court may not send original records of criminal cases to the public defender prior to appeal unless a judge authorizes the release. 69 Atty. Gen. 63.
Not to act as attorney.
No person acting as clerk of any circuit court in this state may practice as an attorney or solicitor in the court in which the person is acting as clerk; and the person shall not be eligible for the office of municipal judge during the time that the person holds the office of the clerk.
History: 1977 c. 305
; 1995 a. 201
; Stats. 1995 s. 59.41.
Corporation counsel. 59.42(1)(1)
Corporation counsel; certain counties. 59.42(1)(a)(a)
Except as provided under par. (b)
, in counties not having a population of 500,000 or more, the board may employ a corporation counsel, and fix the salary of the corporation counsel. The corporation counsel appointed under this paragraph may be terminated at any time by a majority vote of all the members of the board.
In any county with a county executive or county administrator, the county executive or county administrator shall have the authority to appoint and supervise the corporation counsel if the board authorizes the establishment of the office of corporation counsel. Such appointment shall be subject to confirmation by the board unless the board, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.52 (8)
or ch. 63
. The corporation counsel may be removed by the county executive or county administrator with the concurrence of the board unless the corporation counsel is appointed under such an examination procedure.
The corporation counsel may, when authorized by a majority of the board, appoint one or more assistant corporation counsels to aid the corporation counsel in the performance of the duties of corporation counsel. The assistants so appointed shall have authority to perform all the duties of the corporation counsel. The duties of the corporation counsel shall be limited to civil matters and may include giving legal opinions to the board and its committees and interpreting the powers and duties of the board and county officers. Whenever any of the powers and duties conferred upon the corporation counsel are concurrent with similar powers or duties conferred by law upon the district attorney, the district attorney's powers or duties shall cease to the extent that they are so conferred upon the corporation counsel and the district attorney shall be relieved of the responsibility for performing such powers or duties. Opinions of the corporation counsel on all such matters shall have the same effect as opinions of the district attorney. The corporation counsel may request the attorney general to consult and advise with the corporation counsel in the same manner as district attorneys as provided by s. 165.25 (3)
(2) Corporation counsel in special counties; appointment, dismissal and duties. 59.42(2)(a)(a)
In a county with a population of 500,000 or more there is created the office of corporation counsel, and such deputy corporation counsels, assistants, stenographers and clerks at such salaries as are authorized by the board. The corporation counsel and deputy and assistant corporation counsels shall be attorneys at law licensed to practice in this state. All such offices and positions shall be in the classified civil service of the county except the corporation counsel, who is in the unclassified service. The corporation counsel shall be appointed by the county executive, with the concurrence of a majority of the board and shall not serve at the pleasure of the county executive. Any incumbent corporation counsel serving on August 1, 1990, shall retain that position and title until a new appointee is confirmed by the board. The corporation counsel may be dismissed at any time by the county executive with the concurrence of a majority of the members-elect of the board. The corporation counsel may also be dismissed at any time by a majority vote of the board. If the county executive vetoes an action by the board to dismiss the corporation counsel, the board may override the veto by a two-thirds vote of the members-elect of the board. The corporation counsel shall appoint deputies, assistants and clerical and stenographic help. Deputy corporation counsels shall have, according to their rank and seniority, the powers and duties of the corporation counsel in his or her absence or disability. The corporation counsel and deputy corporation counsels shall take and file the constitutional oath of office.
The duties of the corporation counsel and assistant corporation counsels shall be, without limitation because of enumeration, to:
Prosecute and defend all civil actions, proceedings, applications and motions in any court, commission, board, tribunal or body in any jurisdiction of this or other states or of the nation in which the county or any board, commission, committee or officer thereof is interested or a party by virtue of the office; and shall in like manner represent or assist in representing the state, or any commission, board, agency or tribunal of the state, in such civil actions or proceedings when requested to do so by the attorney general or when the district attorney of the county is required by any statute to do so.
Give advice to the board, county park commission, county department under s. 46.215
and other departments, boards, commissions, committees, agencies or officers of the county, when requested, in all civil matters in which the county or state is interested or relating to the discharge of the official duties of such departments, boards, commissions, committees, agencies or officers; examine all claims against the county for officers', interpreters', witnesses' and jurors' fees in civil actions and examinations, when presented to the county board of supervisors, and report in writing thereto as to the liability of the county for any and all claims of whatever nature filed against it; and act as legislative counsel for the county board of supervisors when so authorized by it.
Serve as legal adviser to the county highway commissioner and county highway committee, draw all papers required in the performance of their duties and attend to all civil legal matters in and out of court where the commissioner or committee is a party or wherein the acquisition of lands for state or county highway purposes is concerned.
Perform all duties in connection with civil matters relating to the county or any agency, board, commission or officer thereof or to the state within the county that are imposed by any statute upon the district attorney of the county and for such purposes the term "district attorney" wherever it appears in the statutes relating to duties of a civil nature shall, with regard to counties containing a population of 500,000 or more, mean the corporation counsel. Opinions of the corporation counsel shall have the same force and effect as opinions of the district attorney except that in matters relating to elections the district attorney shall have the right of review. After May 17, 1957, the district attorney's powers and duties as to civil matters shall cease to the extent that they are conferred upon the corporation counsel and the district attorney shall be relieved of the responsibility of performing such duties. The corporation counsel may request the attorney general to consult and advise with the corporation counsel in the same manner as district attorneys under s. 165.25 (3)
(3) Corporation counsel; attorney designee.
In lieu of employing a corporation counsel under sub. (1)
or in addition to employing a corporation counsel under sub. (1)
or (2) (a)
, a board shall designate an attorney to perform the duties of a corporation counsel as the need arises. Two or more counties may jointly designate an attorney to perform the duties of a corporation counsel. If an attorney has been designated to perform the duties of a corporation counsel, that person may exercise any powers and perform any duties of the corporation counsel.
History: 1995 a. 201
Under s. 59.07 (44) [now 59.42 (1)], a corporation counsel may apprise a county board of the consequences, both civil and criminal, that result from specific actions of the board. State v. Davis, 63 Wis. 2d 75
, 216 N.W.2d 31
A corporation counsel should provide legal advice and representation to ss. 51.42 and 51.437 boards, as well as to the county board. 63 Atty. Gen. 468.
Appointment, supervision, and removal of a corporation counsel is discussed. 72 Atty. Gen. 161
Register of deeds; duties, fees, deputies. 59.43(1)(1)
Register of deeds; duties.
The register of deeds shall:
Record or cause to be recorded in suitable books to be kept in his or her office, correctly and legibly all deeds, mortgages, instruments and writings authorized by law to be recorded in his or her office and left with him or her for that purpose, provided such documents have plainly printed or typewritten thereon the names of the grantors, grantees, witnesses and notary. The register of deeds shall record and file or cause to be recorded and filed all plats and certified survey maps that are authorized to be accepted for recording and filing in his or her office. Any county, by a resolution duly adopted by the board, may combine the separate books or volumes for deeds, mortgages, miscellaneous instruments, attachments, lis pendens, sales and notices, certificates of organization of corporations, plats or other recorded or filed instruments or classes of documents as long as separate indexes may be produced. Notwithstanding any other provisions of the statutes, any county adopting a system of microfilming or like process or a system of recording documents by optical imaging or electronic formatting under ch. 228
may substitute the headings, reel, disk or electronic file name and microfilm image (frame) for volume and page where recorded and different classes of instruments may be recorded, reproduced or copied on or transferred to the same reel, disk or electronic file or part of a reel or disk. All recordings made prior to June 28, 1961, which would have been valid under this paragraph, had this paragraph then been in effect, are hereby validated. In this subsection, "book", if automated recording or indexing equipment is used, includes the meaning given under sub. (12) (d)
State upon the record of any conveyance of real estate the real estate transfer fee paid or, if the conveyance is not subject to a fee, the reason for the exemption, citing the relevant subsection of s. 77.25
Keep safely and maintain the documents, images of recorded documents and indices mentioned in this section and in s. 84.095
in the manner required.
Endorse upon each instrument or writing received by the register for record a certificate of the date and time when it was received, specifying the day, hour and minute of reception, which shall be evidence of such facts. Instruments shall be recorded in the order in which they are received.
Endorse plainly on each instrument a number consecutive to the number assigned to the immediately previously recorded or filed instrument, such that all numbers are unique for each instrument within a group of public records that are kept together as a unit and relate to a particular subject.
Safely keep and return to the party entitled thereto, on demand within a reasonable time, every instrument that is left with the register for record not required by law to be kept in the register's office.