2001 Wisconsin Act 61

61,124 Section 124. 757.85 (1) (b) of the statutes is amended to read:

757.85 (1) (b) The judge or circuit or supplemental court commissioner who is under investigation is not subject to the request procedure under par. (a) but is subject to the subpoena procedure under sub. (2).

61,125 Section 125. 757.85 (3) of the statutes is amended to read:

757.85 (3) The commission may notify a judge or circuit or supplemental court commissioner that the commission is investigating possible misconduct by or permanent disability of the judge or circuit or supplemental court commissioner. Before finding probable cause, the commission shall notify the judge or circuit or supplemental court commissioner of the substance of the complaint or petition and afford the judge or circuit or supplemental court commissioner a reasonable opportunity to respond. If the judge or circuit or supplemental court commissioner responds, the commission shall consider the response before it finds probable cause.

61,126 Section 126. 757.85 (4) of the statutes is amended to read:

757.85 (4) The commission may require a judge or circuit or supplemental court commissioner who is under investigation for permanent disability to submit to a medical examination arranged by the commission.

61,127 Section 127. 757.85 (5) of the statutes is amended to read:

757.85 (5) The commission shall, upon a finding of probable cause that a judge or circuit or supplemental court commissioner has engaged or is engaging in misconduct, file a formal complaint with the supreme court. Upon a finding of probable cause that a judge or circuit or supplemental court commissioner has a permanent disability, the commission shall file a petition with the supreme court. If the commission requests a jury under s. 757.87 (1), the request shall be attached to the formal complaint or the petition.

61,128 Section 128. 757.87 (1) of the statutes is amended to read:

757.87 (1) After the commission has found probable cause that a judge or circuit or supplemental court commissioner has engaged in misconduct or has a permanent disability, and before the commission files a formal complaint or a petition under s. 757.85 (5), the commission may, by a majority of its total membership not disqualified from voting, request a jury hearing. If a jury is not requested, the matter shall be heard by a panel constituted under sub. (3). The vote of each member on the question of a jury request shall be recorded and shall be available for public inspection under s. 19.35 after the formal complaint or the petition is filed.

61,129 Section 129. 757.89 of the statutes is amended to read:

757.89 Hearing. A record shall be kept of any hearing on a formal complaint or a petition. The allegations of the complaint or petition must be proven to a reasonable certainty by evidence that is clear, satisfactory and convincing. The hearing shall be held in the county where the judge or circuit or supplemental court commissioner resides unless the presiding judge changes venue for cause shown or unless the parties otherwise agree. If the hearing is by a panel, the panel shall make findings of fact, conclusions of law and recommendations regarding appropriate discipline for misconduct or appropriate action for permanent disability and file the findings, conclusions and recommendations with the supreme court. If a jury hearing is requested under s. 757.87 (1), the presiding judge shall instruct the jury regarding the law applicable to judicial misconduct or permanent disability, as appropriate. The presiding judge shall file the jury verdict and his or her recommendations regarding appropriate discipline for misconduct or appropriate action for permanent disability with the supreme court.

61,130 Section 130. 757.93 (1) (a) of the statutes is amended to read:

757.93 (1) (a) All proceedings under ss. 757.81 to 757.99 relating to misconduct or permanent disability prior to the filing of a petition or formal complaint by the commission are confidential unless a judge or circuit or supplemental court commissioner waives the right to confidentiality in writing to the commission. Any such waiver does not affect the confidentiality of the identity of a person providing information under par. (b).

61,131 Section 131. 757.93 (1) (b) of the statutes is amended to read:

757.93 (1) (b) Any person who provides information to the commission concerning possible misconduct or permanent disability may request that the commission not disclose his or her identity to the judge or circuit or supplemental court commissioner prior to the filing of a petition or a formal complaint by the commission.

61,132 Section 132. 757.93 (2) of the statutes is amended to read:

757.93 (2) If prior to the filing of a formal complaint or a petition an investigation of possible misconduct or permanent disability becomes known to the public, the commission may issue statements in order to confirm the pendency of the investigation, to clarify the procedural aspects of the disciplinary proceedings, to explain the right of the judge or circuit or supplemental court commissioner to a fair hearing without prejudgment, to state that the judge or circuit or supplemental court commissioner denies the allegations, to state that an investigation has been completed and no probable cause was found or to correct public misinformation.

61,133 Section 133. 757.93 (4) (a) of the statutes is amended to read:

757.93 (4) (a) Referring to the director of state courts information relating to an alleged delay or an alleged temporary disability of a judge or circuit or supplemental court commissioner.

61,134 Section 134. 757.95 of the statutes is amended to read:

757.95 Temporary suspension by supreme court. The supreme court may, following the filing of a formal complaint or a petition by the commission, prohibit a judge or circuit or supplemental court commissioner from exercising the powers of a judge or circuit or supplemental court commissioner pending final determination of the proceedings.

61,135 Section 135. 757.99 of the statutes is amended to read:

757.99 Attorney fees. A judge or circuit or supplemental court commissioner against whom a petition alleging permanent disability is filed by the commission shall be reimbursed for reasonable attorney fees if the judge or circuit or supplemental court commissioner is found not to have a permanent disability. A judge or circuit or supplemental court commissioner against whom a formal complaint alleging misconduct is filed by the commission and who is found not to have engaged in misconduct may be reimbursed for reasonable attorney fees. Any judge or circuit or supplemental court commissioner seeking recovery of attorney fees authorized or required under this section shall file a claim with the claims board under s. 16.53.

61,136 Section 136. 765.11 (1) of the statutes is amended to read:

765.11 (1) If any parent, grandparent, child, or natural guardian of a minor applicant for a marriage license, any brother, sister or guardian of either of the applicants for a marriage license, either of the applicants, the district attorney or the family a circuit court commissioner believes that the statements of the application are false or insufficient, or that the applicants or either of them are incompetent to marry, that person may file with the court having probate jurisdiction in the county in which the marriage license is applied for, a petition under oath, setting forth the grounds of objection to the marriage and asking for an order requiring the parties making such application to show cause why the marriage license should not be refused. Whereupon, the court, if satisfied that the grounds of objection are prima facie valid, shall issue an order to show cause as aforesaid, returnable as the court directs, but not more than 14 days after the date of the order, which shall be served forthwith upon the applicants for the marriage license residing in the state, and upon the clerk before whom the application has been made, and shall operate as a stay upon the issuance of the marriage license until further ordered; if either or both of the applicants are nonresidents of the state the order shall be served forthwith upon the nonresident by publication of a class 1 notice, under ch. 985, in the county wherein the application is pending, and by mailing a copy thereof to the nonresident at the address contained in the application.

61,137 Section 137. 765.11 (2) of the statutes is amended to read:

765.11 (2) If, upon hearing, the court finds that the statements in the application are wilfully willfully false or insufficient, or that either or both of said parties are not competent in law to marry, the court shall make an order refusing the marriage license, and shall immediately report such matter to the district attorney. If said falseness or insufficiency is due merely to inadvertence, then the court shall permit the parties to amend the application so as to make the statements therein true and sufficient, and upon application being so amended, the marriage license shall be issued. If any party is unable to supply any of the information required in the application, the court may, if satisfied that such inability is not due to wilfulness willfulness or negligence, order the marriage license to be issued notwithstanding such insufficiency. The costs and disbursements of the proceedings under this section shall rest in the discretion of the court, but none shall be taxed against any district attorney or family circuit court commissioner acting in good faith.

61,138 Section 138. 765.16 (5) of the statutes is amended to read:

765.16 (5) Any family court commissioner appointed under s. 767.13 or circuit court commissioner appointed under SCR 75.02 (1) or supplemental court commissioner appointed under s. 757.68 757.675 (1).

61,139 Section 139. 767.045 (1) (c) (intro.) of the statutes is amended to read:

767.045 (1) (c) (intro.) The attorney responsible for support enforcement under s. 59.53 (6) (a) may request that the court or family a circuit court commissioner appoint a guardian ad litem to bring an action or motion on behalf of a minor who is a nonmarital child whose paternity has not been acknowledged under s. 767.62 (1) or a substantially similar law of another state or adjudicated for the purpose of determining the paternity of the child, and the court or family circuit court commissioner shall appoint a guardian ad litem, if any of the following applies:

61,140 Section 140. 767.081 (title) of the statutes is amended to read:

767.081 (title) Information from the office of family court commissioner.

61,141 Section 141. 767.081 (1) of the statutes is amended to read:

767.081 (1) Upon the filing of an action affecting the family, the office of family court commissioner shall inform the parties of any services, including referral services, offered by the office of family court commissioner and by the director of family court counseling services under s. 767.11.

61,142 Section 142. 767.081 (2) (a) (intro.) of the statutes is amended to read:

767.081 (2) (a) (intro.) The office of family court commissioner shall, with or without charge, provide the party with written information on the following, as appropriate to the action commenced:

61,143 Section 143. 767.081 (2) (b) of the statutes is amended to read:

767.081 (2) (b) The office of family court commissioner shall provide a party, for inspection or purchase, with a copy of the statutory provisions in this chapter generally pertinent to the action.

61,144 Section 144. 767.083 (2) of the statutes is amended to read:

767.083 (2) An order by the court, after consideration of the recommendation of the family a circuit court commissioner, directing an immediate hearing on the petition for the protection of the health or safety of either of the parties or of any child of the marriage or for other emergency reasons consistent with the policies of this chapter. The court shall upon granting such order specify the grounds therefor.

61,145 Section 145. 767.085 (1) (i) of the statutes is amended to read:

767.085 (1) (i) If the action is one under s. 767.02 (1) (a), (b), (c), (d), (h) or (i), that during the pendency of the action, without the consent of the other party or an order of the court or family a circuit court commissioner, the parties are prohibited from, and may be held in contempt of court for, encumbering, concealing, damaging, destroying, transferring or otherwise disposing of property owned by either or both of the parties, except in the usual course of business, in order to secure necessities or in order to pay reasonable costs and expenses of the action, including attorney fees.

61,146 Section 146. 767.085 (1) (j) (intro.) of the statutes is amended to read:

767.085 (1) (j) (intro.) Unless the action is one under s. 767.02 (1) (g) or (h), that during the pendency of the action, the parties are prohibited from, and may be held in contempt of court for, doing any of the following without the consent of the other party or an order of the court or family a circuit court commissioner:

61,147 Section 147. 767.085 (3) of the statutes is amended to read:

767.085 (3) Service. If only one party initiates the action, the other shall be served under ch. 801 and may serve a response or counterclaim within 20 days after the date of service, except that questions of jurisdiction may be raised at any time prior to judgment. Service shall be made upon the petitioner and upon the family circuit court commissioner as provided in s. 767.14, and the original copy of the response shall be filed in court. If the parties together initiate the action with a joint petition, service of summons is not required.

61,148 Section 148. 767.087 (1) (b) of the statutes is amended to read:

767.087 (1) (b) If the action is one under s. 767.02 (1) (a), (b), (c), (d), (h) or (i), encumbering, concealing, damaging, destroying, transferring or otherwise disposing of property owned by either or both of the parties, without the consent of the other party or an order of the court or family a circuit court commissioner, except in the usual course of business, in order to secure necessities or in order to pay reasonable costs and expenses of the action, including attorney fees.

61,149 Section 149. 767.087 (1) (c) of the statutes is amended to read:

767.087 (1) (c) Unless the action is one under s. 767.02 (1) (g) or (h), without the consent of the other party or an order of the court or family a circuit court commissioner, establishing a residence with a minor child of the parties outside the state or more than 150 miles from the residence of the other party within the state, removing a minor child of the parties from the state for more than 90 consecutive days or concealing a minor child of the parties from the other party.

61,150 Section 150. 767.087 (2) of the statutes is amended to read:

767.087 (2) The prohibitions under sub. (1) shall apply until the action is dismissed, until a final judgment in the action is entered or until the court or family a circuit court commissioner orders otherwise.

61,151 Section 151. 767.11 (1) (c) of the statutes is amended to read:

767.11 (1) (c) A county or counties may designate a the supervisor of the office of family court commissioner as the director under par. (a) or (b).

61,152 Section 152. 767.11 (5) (a) of the statutes is amended to read:

767.11 (5) (a) In any action affecting the family, including a revision of judgment or order under s. 767.32 or 767.325, in which it appears that legal custody or physical placement is contested, the court or family circuit court commissioner shall refer the parties to the director of family court counseling services for possible mediation of those contested issues. The court or the family circuit court commissioner shall inform the parties that the confidentiality of communications in mediation is waived if the parties stipulate under sub. (14) (c) that the person who provided mediation to the parties may also conduct the legal custody or physical placement study under sub. (14).

61,153 Section 153. 767.11 (5) (b) of the statutes is amended to read:

767.11 (5) (b) If both parties to any action affecting the family wish to have joint legal custody of a child, either party may request that the court or family circuit court commissioner to refer the parties to the director of family court counseling services for assistance in resolving any problem relating to joint legal custody and physical placement of the child. Upon request, the court shall so refer the parties.

61,154 Section 154. 767.11 (5) (c) of the statutes is amended to read:

767.11 (5) (c) A person who is awarded periods of physical placement, a child of such a person, a person with visitation rights or a person with physical custody of a child may notify the family a circuit court commissioner of any problem he or she has relating to any of these matters. Upon notification, the family circuit court commissioner may refer any person involved in the matter to the director of family court counseling services for assistance in resolving the problem.

61,155 Section 155. 767.11 (6) of the statutes is amended to read:

767.11 (6) Action upon referral. Whenever a court or family circuit court commissioner refers a party to the director of family court counseling services for possible mediation, the director shall assign a mediator to the case. The mediator shall provide mediation if he or she determines it is appropriate. If the mediator determines mediation is not appropriate, he or she shall so notify the court. Whenever a court or family circuit court commissioner refers a party to the director of family court counseling services for any other family court counseling service, the director shall take appropriate action to provide the service.

61,156 Section 156. 767.11 (7) of the statutes is amended to read:

767.11 (7) Private mediator. The parties to any action affecting the family may, at their own expense, receive mediation services from a mediator other than one who provides services under sub. (3). Parties who receive services from such a mediator shall sign and file with the director of family court counseling services and with the court or family circuit court commissioner a written notice stating the mediator's name and the date of the first meeting with the mediator.

61,157 Section 157. 767.11 (13) of the statutes is amended to read:

767.11 (13) Powers of court or family circuit court commissioner. Except as provided in sub. (8), referring parties to mediation under this section does not affect the power of the court or family a circuit court commissioner to make any necessary order relating to the parties during the course of the mediation.

61,158 Section 158. 767.115 (1) (a) of the statutes is amended to read:

767.115 (1) (a) At any time during the pendency of an action affecting the family in which a minor child is involved and in which the court or family circuit court commissioner determines that it is appropriate and in the best interest of the child, the court or family circuit court commissioner, on its own motion, may order the parties to attend a program specified by the court or family circuit court commissioner concerning the effects on a child of a dissolution of the marriage.

61,159 Section 159. 767.115 (1) (b) of the statutes is amended to read:

767.115 (1) (b) At any time during the pendency of an action to determine the paternity of a child, or an action affecting the family for which the underlying action was an action to determine the paternity of a child, if the court or family circuit court commissioner determines that it is appropriate and in the best interest of the child, the court or family circuit court commissioner, on its own motion, may order either or both of the parties to attend a program specified by the court or family circuit court commissioner providing training in parenting or coparenting skills, or both.

61,160 Section 160. 767.115 (1m) of the statutes is amended to read:

767.115 (1m) A program under sub. (1) shall be educational rather than therapeutic in nature and may not exceed a total of 4 hours in length. The parties shall be responsible for the cost, if any, of attendance at the program. The court or family circuit court commissioner may specifically assign responsibility for payment of any cost. No facts or information obtained in the course of the program, and no report resulting from the program, is admissible in any action or proceeding.

61,161 Section 161. 767.115 (2) of the statutes is amended to read:

767.115 (2) Notwithstanding s. 767.07, the court or family circuit court commissioner may require the parties to attend a program under sub. (1) as a condition to the granting of a final judgment or order in the action affecting the family that is pending before the court or family circuit court commissioner.

61,162 Section 162. 767.115 (4) (a) of the statutes is amended to read:

767.115 (4) (a) At any time during the pendency of a divorce or paternity action, the court or family circuit court commissioner may order the parties to attend a class that is approved by the court or family circuit court commissioner and that addresses such issues as child development, family dynamics, how parental separation affects a child's development and what parents can do to make raising a child in a separated situation less stressful for the child.

61,163 Section 163. 767.115 (4) (b) of the statutes is amended to read:

767.115 (4) (b) The court or family circuit court commissioner may not require the parties to attend a class under this subsection as a condition to the granting of the final judgment or order in the divorce or paternity action, however, the court or family circuit court commissioner may refuse to hear a custody or physical placement motion of a party who refuses to attend a class ordered under this subsection.

61,164 Section 164. 767.115 (4) (c) 2. of the statutes is amended to read:

767.115 (4) (c) 2. If the court or family circuit court commissioner finds that a party is indigent, any costs that would be the responsibility of that party shall be paid by the county.

61,165 Section 165. 767.12 (1) of the statutes is amended to read:

767.12 (1) Proceedings. In actions affecting the family, all hearings and trials to determine whether judgment shall be granted, except hearings under s. 767.13 (5) 757.69 (1) (p) 3., shall be before the court. The testimony shall be taken by the reporter and shall be written out and filed with the record if so ordered by the court. Custody proceedings shall receive priority in being set for hearing.

61,166 Section 166. 767.125 of the statutes is amended to read:

767.125 Order for appearance of litigants. Unless nonresidence in the state is shown by competent evidence, service is by publication, or the court shall for other good cause otherwise order, both parties in actions affecting the family shall be required to appear upon the trial. An order of the court or family a circuit court commissioner to that effect shall accordingly be procured by the moving party, and shall be served upon the nonmoving party before the trial. In the case of a joint petition the order is not required.

61,167 Section 167. 767.13 (title) of the statutes is repealed.

61,168 Section 168. 767.13 (1) of the statutes is renumbered 757.68 (2m) (a) and amended to read:

757.68 (2m) (a) Counties other than Milwaukee. 1. `Appointment.' In each county, except in a county having a population of 500,000 or more, the circuit judges for the county, subject to the approval of the chief judge of the judicial administrative district, shall, by order filed in the office of the clerk of the circuit court on or before the first Monday of July of each year, appoint some reputable attorney of recognized ability and standing at the bar as the a circuit court commissioner to supervise the office of family court commissioner for the county.