AB354: Bill Text

AB354, s. 99 Section 99. 757.69 (1) (k) of the statutes is repealed and recreated to read:

AB354,43,18 757.69 (1) (k) Administer oaths, take, certify, and report depositions and testimony, take and certify acknowledgments, allow accounts, and fix the amount and approve the sufficiency of bonds.

AB354, s. 100 Section 100. 757.69 (1) (m) of the statutes is amended to read:

AB354,43,21 757.69 (1) (m) Hold hearings, make findings, and issue temporary restraining orders and injunctions under s. 813.12 or 813.125.

AB354, s. 101 Section 101. 757.69 (1m) of the statutes is created to read:

AB354,44,2 757.69 (1m) Circuit court commissioners assigned to assist a court in juvenile matters shall sit at the children's court center, the usual court facility for juvenile matters, or such other facility designated by the chief judge of the judicial administrative district. Those commissioners may not do any of the following:

AB354,44,4 (a) Conduct fact-finding or dispositional hearings except on petitions or citations under s. 938.125 and except as provided in sub. (1) (g) 5.

AB354,44,7 (b) Make dispositions other than approving consent decrees, ordering compliance with deferred prosecution agreements and ordering dispositions in uncontested proceedings under s. 48.13, 48.133, 938.12, or 938.13.

AB354,44,8 (c) Conduct hearings for the termination of parental rights or for adoptions.

AB354,44,12 (d) Make changes in placements of children, of juveniles, or of the expectant mothers of unborn children, or revisions or extensions of dispositional orders, except pursuant to petitions or citations under s. 938.125 and in uncontested proceedings under s. 48.13, 48.133, 938.12, or 938.13.

AB354,44,14 (e) Conduct hearings, make findings, or issue orders in proceedings under s. 48.977 or 48.978.

AB354,44,16 (f) Conduct waiver hearings under s. 938.18, except as provided in sub. (1) (g) 5.

AB354,44,17 (g) Make any dispositional order under s. 938.34 (4d), (4h), or (4m).

AB354, s. 102 Section 102. 757.69 (2) (intro.) of the statutes is amended to read:

AB354,44,20 757.69 (2) (intro.) A judge may refer to a circuit court commissioner appointed under s. 48.065, 757.68, 757.72, 767.13 or 938.065 cases in which:

AB354, s. 103 Section 103. 757.69 (2) (a) of the statutes is amended to read:

AB354,44,24 757.69 (2) (a) The trial of an issue of fact requires the examination of an account, in which case the circuit court commissioner may be directed to report upon any specific question of fact involved therein.

AB354, s. 104 Section 104. 757.69 (2m) of the statutes is created to read:

AB354,45,2 757.69 (2m) Circuit court commissioners may exercise, under their own authority, all of the powers listed under s. 757.675 (2) to (5).

AB354, s. 105 Section 105. 757.69 (3) of the statutes is renumbered 757.675 (2), and 757.675 (2) (intro.) and (g), as renumbered, are amended to read:

AB354,45,6 757.675 (2) (intro.) Court Supplemental court commissioners appointed under s. 48.065, 757.68, 757.72, 767.13 or 938.065 may, under their own authority:

AB354,45,9 (g) Except as provided in s. 767.13 (5) (c) 757.69 (1) (p) 3., conduct a paternity proceeding according to the procedures set out in ch. 767 whenever a circuit court commissioner is specifically authorized to do so.

AB354, s. 106 Section 106. 757.69 (4) and (5) of the statutes are renumbered 757.675 (3) and (4) and amended to read:

AB354,45,14 757.675 (3) In addition to the duties expressly set forth in sub. (3) (2) (a) to (e) (i), a supplemental court commissioner may perform other ministerial duties as required by a court.

AB354,45,16 (4) A supplemental court commissioner may transfer to a court any matter in which it appears that justice would be better served by such a transfer.

AB354, s. 107 Section 107. 757.69 (6) of the statutes is repealed.

AB354, s. 108 Section 108. 757.69 (7) of the statutes is renumbered 757.675 (5) and amended to read:

AB354,45,22 757.675 (5) A supplemental court commissioner shall refer to a court of record for appropriate action every alleged showing of contempt in the carrying out of the lawful decisions of the supplemental court commissioner.

AB354, s. 109 Section 109. 757.69 (8) of the statutes is created to read:

AB354,46,3 757.69 (8) Any decision of a circuit court commissioner shall be reviewed by the judge of the branch of court to which the case has been assigned, upon motion of any party. Any determination, order, or ruling by a circuit court commissioner may be certified to the branch of court to which the case has been assigned, upon a motion of any party for a hearing de novo.

AB354, s. 110 Section 110. 757.695 of the statutes is repealed.

AB354, s. 111 Section 111. 757.70 (2) of the statutes is amended to read:

AB354,46,10 757.70 (2) All hearings before a circuit or supplemental court commissioner shall be held in the county courthouse or other court facilities provided by law. This provision does not apply to nontestimonial proceedings, supplementary hearings on the present financial status of a debtor under s. 757.69 (3) 757.675 (2) (h) or depositions taken before a circuit or supplemental court commissioner.

AB354, s. 112 Section 112. 757.72 (title) of the statutes is repealed.

AB354, s. 113 Section 113. 757.72 (1) of the statutes is renumbered 757.68 (4m) and amended to read:

AB354,46,24 757.68 (4m) In counties having a population of 500,000 or more, there is created in the classified civil service a circuit court commissioner position to supervise the office of probate court commissioner and to assist the court in probate matters. In counties having a population of at least 100,000 but not more than 500,000, the county board may create a circuit court commissioner position to supervise the office of probate court commissioner which and to assist in probate matters. That position may be in the classified civil service. If the chief judge delegates that authority to a judge assigned to probate jurisdiction, that judge may assign to the circuit court commissioner any matters over which the judge has jurisdiction, and the circuit court commissioner may determine such matters and may sign any order or certificate required by that determination.

AB354, s. 114 Section 114. 757.72 (2) of the statutes is repealed.

AB354, s. 115 Section 115. 757.72 (3) of the statutes is repealed.

AB354, s. 116 Section 116. 757.72 (4) of the statutes is repealed.

AB354, s. 117 Section 117. 757.72 (5) of the statutes is renumbered 851.73 (1) (g) and amended to read:

AB354,47,7 851.73 (1) (g) The register in probate of a county shall Shall have the duties and powers of a circuit court commissioner assigned to assist in probate matters and shall act in that capacity when designated to do so by a judge assigned probate jurisdiction.

AB354, s. 118 Section 118. 757.72 (6) of the statutes is repealed.

AB354, s. 119 Section 119. 757.72 (7) of the statutes is repealed.

AB354, s. 120 Section 120. 757.72 (8) of the statutes is repealed.

AB354, s. 121 Section 121. 757.81 (2) of the statutes is repealed.

AB354, s. 122 Section 122. 757.81 (6) of the statutes is amended to read:

AB354,47,16 757.81 (6) "Permanent disability" means a physical or mental incapacity which impairs the ability of a judge or circuit or supplemental court commissioner to substantially perform the duties of his or her judicial office and which is or is likely to be of a permanent or continuing nature.

AB354, s. 123 Section 123. 757.85 (1) (a) of the statutes is amended to read:

AB354,47,24 757.85 (1) (a) The commission shall investigate any possible misconduct or permanent disability of a judge or circuit or supplemental court commissioner. Misconduct constitutes cause under article VII, section 11, of the constitution. Except as provided in par. (b), judges, circuit or supplemental court commissioners, clerks, court reporters, court employes and attorneys shall comply with requests by the commission for information, documents and other materials relating to an investigation under this section.

AB354, s. 124 Section 124. 757.85 (1) (b) of the statutes is amended to read:

AB354,48,3 757.85 (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).

AB354, s. 125 Section 125. 757.85 (3) of the statutes is amended to read:

AB354,48,12 757.85 (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.

AB354, s. 126 Section 126. 757.85 (4) of the statutes is amended to read:

AB354,48,16 757.85 (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.

AB354, s. 127 Section 127. 757.85 (5) of the statutes is amended to read:

AB354,48,24 757.85 (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.

AB354, s. 128 Section 128. 757.87 (1) of the statutes is amended to read:

AB354,49,9 757.87 (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.

AB354, s. 129 Section 129. 757.89 of the statutes is amended to read:

AB354,49,24 757.89 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.

AB354, s. 130 Section 130. 757.93 (1) (a) of the statutes is amended to read:

AB354,50,6 757.93 (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).

AB354, s. 131 Section 131. 757.93 (1) (b) of the statutes is amended to read:

AB354,50,12 757.93 (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.

AB354, s. 132 Section 132. 757.93 (2) of the statutes is amended to read:

AB354,50,21 757.93 (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.

AB354, s. 133 Section 133. 757.93 (4) (a) of the statutes is amended to read:

AB354,50,25 757.93 (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.

AB354, s. 134 Section 134. 757.95 of the statutes is amended to read:

AB354,51,6 757.95 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.

AB354, s. 135 Section 135. 757.99 of the statutes is amended to read:

AB354,51,17 757.99 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.

AB354, s. 136 Section 136. 765.11 (1) of the statutes is amended to read:

AB354,52,12 765.11 (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.

AB354, s. 137 Section 137. 765.11 (2) of the statutes is amended to read:

AB354,53,2 765.11 (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.

AB354, s. 138 Section 138. 765.16 (5) of the statutes is amended to read:

AB354,53,6 765.16 (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).

AB354, s. 139 Section 139. 767.045 (1) (c) (intro.) of the statutes is amended to read:

AB354,53,14 767.045 (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:

AB354, s. 140 Section 140. 767.081 (title) of the statutes is amended to read:

AB354,53,16 767.081 (title) Information from the office of family court commissioner.

AB354, s. 141 Section 141. 767.081 (1) of the statutes is amended to read:

AB354,53,21 767.081 (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.

AB354, s. 142 Section 142. 767.081 (2) (a) (intro.) of the statutes is amended to read:

AB354,53,25 767.081 (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:

AB354, s. 143 Section 143. 767.081 (2) (b) of the statutes is amended to read:

AB354,54,4 767.081 (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.