AB354,48,1614 757.85 (4) The commission may require a judge or circuit or supplemental court
15commissioner who is under investigation for permanent disability to submit to a
16medical examination arranged by the commission.
AB354, s. 127 17Section 127. 757.85 (5) of the statutes is amended to read:
AB354,48,2418 757.85 (5) The commission shall, upon a finding of probable cause that a judge
19or circuit or supplemental court commissioner has engaged or is engaging in
20misconduct, file a formal complaint with the supreme court. Upon a finding of
21probable cause that a judge or circuit or supplemental court commissioner has a
22permanent disability, the commission shall file a petition with the supreme court.
23If the commission requests a jury under s. 757.87 (1), the request shall be attached
24to the formal complaint or the petition.
AB354, s. 128 25Section 128. 757.87 (1) of the statutes is amended to read:
AB354,49,9
1757.87 (1) After the commission has found probable cause that a judge or
2circuit or supplemental court commissioner has engaged in misconduct or has a
3permanent disability, and before the commission files a formal complaint or a
4petition under s. 757.85 (5), the commission may, by a majority of its total
5membership not disqualified from voting, request a jury hearing. If a jury is not
6requested, the matter shall be heard by a panel constituted under sub. (3). The vote
7of each member on the question of a jury request shall be recorded and shall be
8available for public inspection under s. 19.35 after the formal complaint or the
9petition is filed.
AB354, s. 129 10Section 129. 757.89 of the statutes is amended to read:
AB354,49,24 11757.89 Hearing. A record shall be kept of any hearing on a formal complaint
12or a petition. The allegations of the complaint or petition must be proven to a
13reasonable certainty by evidence that is clear, satisfactory and convincing. The
14hearing shall be held in the county where the judge or circuit or supplemental court
15commissioner resides unless the presiding judge changes venue for cause shown or
16unless the parties otherwise agree. If the hearing is by a panel, the panel shall make
17findings of fact, conclusions of law and recommendations regarding appropriate
18discipline for misconduct or appropriate action for permanent disability and file the
19findings, conclusions and recommendations with the supreme court. If a jury
20hearing is requested under s. 757.87 (1), the presiding judge shall instruct the jury
21regarding the law applicable to judicial misconduct or permanent disability, as
22appropriate. The presiding judge shall file the jury verdict and his or her
23recommendations regarding appropriate discipline for misconduct or appropriate
24action for permanent disability with the supreme court.
AB354, s. 130 25Section 130. 757.93 (1) (a) of the statutes is amended to read:
AB354,50,6
1757.93 (1) (a) All proceedings under ss. 757.81 to 757.99 relating to misconduct
2or permanent disability prior to the filing of a petition or formal complaint by the
3commission are confidential unless a judge or circuit or supplemental court
4commissioner waives the right to confidentiality in writing to the commission. Any
5such waiver does not affect the confidentiality of the identity of a person providing
6information under par. (b).
AB354, s. 131 7Section 131. 757.93 (1) (b) of the statutes is amended to read:
AB354,50,128 757.93 (1) (b) Any person who provides information to the commission
9concerning possible misconduct or permanent disability may request that the
10commission not disclose his or her identity to the judge or circuit or supplemental
11court commissioner prior to the filing of a petition or a formal complaint by the
12commission.
AB354, s. 132 13Section 132. 757.93 (2) of the statutes is amended to read:
AB354,50,2114 757.93 (2) If prior to the filing of a formal complaint or a petition an
15investigation of possible misconduct or permanent disability becomes known to the
16public, the commission may issue statements in order to confirm the pendency of the
17investigation, to clarify the procedural aspects of the disciplinary proceedings, to
18explain the right of the judge or circuit or supplemental court commissioner to a fair
19hearing without prejudgment, to state that the judge or circuit or supplemental court
20commissioner denies the allegations, to state that an investigation has been
21completed and no probable cause was found or to correct public misinformation.
AB354, s. 133 22Section 133. 757.93 (4) (a) of the statutes is amended to read:
AB354,50,2523 757.93 (4) (a) Referring to the director of state courts information relating to
24an alleged delay or an alleged temporary disability of a judge or circuit or
25supplemental
court commissioner.
AB354, s. 134
1Section 134. 757.95 of the statutes is amended to read:
AB354,51,6 2757.95 Temporary suspension by supreme court. The supreme court may,
3following the filing of a formal complaint or a petition by the commission, prohibit
4a judge or circuit or supplemental court commissioner from exercising the powers of
5a judge or circuit or supplemental court commissioner pending final determination
6of the proceedings.
AB354, s. 135 7Section 135. 757.99 of the statutes is amended to read:
AB354,51,17 8757.99 Attorney fees. A judge or circuit or supplemental court commissioner
9against whom a petition alleging permanent disability is filed by the commission
10shall be reimbursed for reasonable attorney fees if the judge or circuit or
11supplemental
court commissioner is found not to have a permanent disability. A
12judge or circuit or supplemental court commissioner against whom a formal
13complaint alleging misconduct is filed by the commission and who is found not to
14have engaged in misconduct may be reimbursed for reasonable attorney fees. Any
15judge or circuit or supplemental court commissioner seeking recovery of attorney
16fees authorized or required under this section shall file a claim with the claims board
17under s. 16.53.
AB354, s. 136 18Section 136. 765.11 (1) of the statutes is amended to read:
AB354,52,1219 765.11 (1) If any parent, grandparent, child, or natural guardian of a minor
20applicant for a marriage license, any brother, sister or guardian of either of the
21applicants for a marriage license, either of the applicants, the district attorney or the
22family a circuit court commissioner believes that the statements of the application
23are false or insufficient, or that the applicants or either of them are incompetent to
24marry, that person may file with the court having probate jurisdiction in the county
25in which the marriage license is applied for, a petition under oath, setting forth the

1grounds of objection to the marriage and asking for an order requiring the parties
2making such application to show cause why the marriage license should not be
3refused. Whereupon, the court, if satisfied that the grounds of objection are prima
4facie valid, shall issue an order to show cause as aforesaid, returnable as the court
5directs, but not more than 14 days after the date of the order, which shall be served
6forthwith upon the applicants for the marriage license residing in the state, and upon
7the clerk before whom the application has been made, and shall operate as a stay
8upon the issuance of the marriage license until further ordered; if either or both of
9the applicants are nonresidents of the state the order shall be served forthwith upon
10the nonresident by publication of a class 1 notice, under ch. 985, in the county
11wherein the application is pending, and by mailing a copy thereof to the nonresident
12at the address contained in the application.
AB354, s. 137 13Section 137. 765.11 (2) of the statutes is amended to read:
AB354,53,214 765.11 (2) If, upon hearing, the court finds that the statements in the
15application are wilfully willfully false or insufficient, or that either or both of said
16parties are not competent in law to marry, the court shall make an order refusing the
17marriage license, and shall immediately report such matter to the district attorney.
18If said falseness or insufficiency is due merely to inadvertence, then the court shall
19permit the parties to amend the application so as to make the statements therein
20true and sufficient, and upon application being so amended, the marriage license
21shall be issued. If any party is unable to supply any of the information required in
22the application, the court may, if satisfied that such inability is not due to wilfulness
23willfulness or negligence, order the marriage license to be issued notwithstanding
24such insufficiency. The costs and disbursements of the proceedings under this

1section shall rest in the discretion of the court, but none shall be taxed against any
2district attorney or family circuit court commissioner acting in good faith.
AB354, s. 138 3Section 138. 765.16 (5) of the statutes is amended to read:
AB354,53,64 765.16 (5) Any family court commissioner appointed under s. 767.13 or circuit
5court commissioner appointed under SCR 75.02 (1) or supplemental
court
6commissioner appointed under s. 757.68 757.675 (1).
AB354, s. 139 7Section 139. 767.045 (1) (c) (intro.) of the statutes is amended to read:
AB354,53,148 767.045 (1) (c) (intro.) The attorney responsible for support enforcement under
9s. 59.53 (6) (a) may request that the court or family a circuit court commissioner
10appoint a guardian ad litem to bring an action or motion on behalf of a minor who
11is a nonmarital child whose paternity has not been acknowledged under s. 767.62 (1)
12or a substantially similar law of another state or adjudicated for the purpose of
13determining the paternity of the child, and the court or family circuit court
14commissioner shall appoint a guardian ad litem, if any of the following applies:
AB354, s. 140 15Section 140. 767.081 (title) of the statutes is amended to read:
AB354,53,16 16767.081 (title) Information from the office of family court commissioner.
AB354, s. 141 17Section 141. 767.081 (1) of the statutes is amended to read:
AB354,53,2118 767.081 (1) Upon the filing of an action affecting the family, the office of family
19court commissioner shall inform the parties of any services, including referral
20services, offered by the office of family court commissioner and by the director of
21family court counseling services under s. 767.11.
AB354, s. 142 22Section 142. 767.081 (2) (a) (intro.) of the statutes is amended to read:
AB354,53,2523 767.081 (2) (a) (intro.) The office of family court commissioner shall, with or
24without charge, provide the party with written information on the following, as
25appropriate to the action commenced:
AB354, s. 143
1Section 143. 767.081 (2) (b) of the statutes is amended to read:
AB354,54,42 767.081 (2) (b) The office of family court commissioner shall provide a party,
3for inspection or purchase, with a copy of the statutory provisions in this chapter
4generally pertinent to the action.
AB354, s. 144 5Section 144. 767.083 (2) of the statutes is amended to read:
AB354,54,106 767.083 (2) An order by the court, after consideration of the recommendation
7of the family a circuit court commissioner, directing an immediate hearing on the
8petition for the protection of the health or safety of either of the parties or of any child
9of the marriage or for other emergency reasons consistent with the policies of this
10chapter. The court shall upon granting such order specify the grounds therefor.
AB354, s. 145 11Section 145. 767.085 (1) (i) of the statutes is amended to read:
AB354,54,1812 767.085 (1) (i) If the action is one under s. 767.02 (1) (a), (b), (c), (d), (h) or (i),
13that during the pendency of the action, without the consent of the other party or an
14order of the court or family a circuit court commissioner, the parties are prohibited
15from, and may be held in contempt of court for, encumbering, concealing, damaging,
16destroying, transferring or otherwise disposing of property owned by either or both
17of the parties, except in the usual course of business, in order to secure necessities
18or in order to pay reasonable costs and expenses of the action, including attorney fees.
AB354, s. 146 19Section 146. 767.085 (1) (j) (intro.) of the statutes is amended to read:
AB354,54,2320 767.085 (1) (j) (intro.) Unless the action is one under s. 767.02 (1) (g) or (h), that
21during the pendency of the action, the parties are prohibited from, and may be held
22in contempt of court for, doing any of the following without the consent of the other
23party or an order of the court or family a circuit court commissioner:
AB354, s. 147 24Section 147. 767.085 (3) of the statutes is amended to read:
AB354,55,7
1767.085 (3) Service. If only one party initiates the action, the other shall be
2served under ch. 801 and may serve a response or counterclaim within 20 days after
3the date of service, except that questions of jurisdiction may be raised at any time
4prior to judgment. Service shall be made upon the petitioner and upon the family
5circuit court commissioner as provided in s. 767.14, and the original copy of the
6response shall be filed in court. If the parties together initiate the action with a joint
7petition, service of summons is not required.
AB354, s. 148 8Section 148. 767.087 (1) (b) of the statutes is amended to read:
AB354,55,149 767.087 (1) (b) If the action is one under s. 767.02 (1) (a), (b), (c), (d), (h) or (i),
10encumbering, concealing, damaging, destroying, transferring or otherwise disposing
11of property owned by either or both of the parties, without the consent of the other
12party or an order of the court or family a circuit court commissioner, except in the
13usual course of business, in order to secure necessities or in order to pay reasonable
14costs and expenses of the action, including attorney fees.
AB354, s. 149 15Section 149. 767.087 (1) (c) of the statutes is amended to read:
AB354,55,2116 767.087 (1) (c) Unless the action is one under s. 767.02 (1) (g) or (h), without
17the consent of the other party or an order of the court or family a circuit court
18commissioner, establishing a residence with a minor child of the parties outside the
19state or more than 150 miles from the residence of the other party within the state,
20removing a minor child of the parties from the state for more than 90 consecutive
21days or concealing a minor child of the parties from the other party.
AB354, s. 150 22Section 150. 767.087 (2) of the statutes is amended to read:
AB354,55,2523 767.087 (2) The prohibitions under sub. (1) shall apply until the action is
24dismissed, until a final judgment in the action is entered or until the court or family
25a circuit court commissioner orders otherwise.
AB354, s. 151
1Section 151. 767.11 (1) (c) of the statutes is amended to read:
AB354,56,32 767.11 (1) (c) A county or counties may designate a the supervisor of the office
3of
family court commissioner as the director under par. (a) or (b).
AB354, s. 152 4Section 152. 767.11 (5) (a) of the statutes is amended to read:
AB354,56,135 767.11 (5) (a) In any action affecting the family, including a revision of
6judgment or order under s. 767.32 or 767.325, in which it appears that legal custody
7or physical placement is contested, the court or family circuit court commissioner
8shall refer the parties to the director of family court counseling services for possible
9mediation of those contested issues. The court or the family circuit court
10commissioner shall inform the parties that the confidentiality of communications in
11mediation is waived if the parties stipulate under sub. (14) (c) that the person who
12provided mediation to the parties may also conduct the legal custody or physical
13placement study under sub. (14).
AB354, s. 153 14Section 153. 767.11 (5) (b) of the statutes is amended to read:
AB354,56,1915 767.11 (5) (b) If both parties to any action affecting the family wish to have joint
16legal custody of a child, either party may request that the court or family circuit court
17commissioner to refer the parties to the director of family court counseling services
18for assistance in resolving any problem relating to joint legal custody and physical
19placement of the child. Upon request, the court shall so refer the parties.
AB354, s. 154 20Section 154. 767.11 (5) (c) of the statutes is amended to read:
AB354,57,221 767.11 (5) (c) A person who is awarded periods of physical placement, a child
22of such a person, a person with visitation rights or a person with physical custody of
23a child may notify the family a circuit court commissioner of any problem he or she
24has relating to any of these matters. Upon notification, the family circuit court

1commissioner may refer any person involved in the matter to the director of family
2court counseling services for assistance in resolving the problem.
AB354, s. 155 3Section 155. 767.11 (6) of the statutes is amended to read:
AB354,57,114 767.11 (6) Action upon referral. Whenever a court or family circuit court
5commissioner refers a party to the director of family court counseling services for
6possible mediation, the director shall assign a mediator to the case. The mediator
7shall provide mediation if he or she determines it is appropriate. If the mediator
8determines mediation is not appropriate, he or she shall so notify the court.
9Whenever a court or family circuit court commissioner refers a party to the director
10of family court counseling services for any other family court counseling service, the
11director shall take appropriate action to provide the service.
AB354, s. 156 12Section 156. 767.11 (7) of the statutes is amended to read:
AB354,57,1813 767.11 (7) Private mediator. The parties to any action affecting the family may,
14at their own expense, receive mediation services from a mediator other than one who
15provides services under sub. (3). Parties who receive services from such a mediator
16shall sign and file with the director of family court counseling services and with the
17court or family circuit court commissioner a written notice stating the mediator's
18name and the date of the first meeting with the mediator.
AB354, s. 157 19Section 157. 767.11 (13) of the statutes is amended to read:
AB354,57,2320 767.11 (13) Powers of court or family circuit court commissioner. Except as
21provided in sub. (8), referring parties to mediation under this section does not affect
22the power of the court or family a circuit court commissioner to make any necessary
23order relating to the parties during the course of the mediation.
AB354, s. 158 24Section 158. 767.115 (1) (a) of the statutes is amended to read:
AB354,58,6
1767.115 (1) (a) At any time during the pendency of an action affecting the
2family in which a minor child is involved and in which the court or family circuit court
3commissioner determines that it is appropriate and in the best interest of the child,
4the court or family circuit court commissioner, on its own motion, may order the
5parties to attend a program specified by the court or family circuit court
6commissioner concerning the effects on a child of a dissolution of the marriage.
AB354, s. 159 7Section 159. 767.115 (1) (b) of the statutes is amended to read:
AB354,58,148 767.115 (1) (b) At any time during the pendency of an action to determine the
9paternity of a child, or an action affecting the family for which the underlying action
10was an action to determine the paternity of a child, if the court or family circuit court
11commissioner determines that it is appropriate and in the best interest of the child,
12the court or family circuit court commissioner, on its own motion, may order either
13or both of the parties to attend a program specified by the court or family circuit court
14commissioner providing training in parenting or coparenting skills, or both.
AB354, s. 160 15Section 160. 767.115 (1m) of the statutes is amended to read:
AB354,58,2116 767.115 (1m) A program under sub. (1) shall be educational rather than
17therapeutic in nature and may not exceed a total of 4 hours in length. The parties
18shall be responsible for the cost, if any, of attendance at the program. The court or
19family circuit court commissioner may specifically assign responsibility for payment
20of any cost. No facts or information obtained in the course of the program, and no
21report resulting from the program, is admissible in any action or proceeding.
AB354, s. 161 22Section 161. 767.115 (2) of the statutes is amended to read:
AB354,59,223 767.115 (2) Notwithstanding s. 767.07, the court or family circuit court
24commissioner may require the parties to attend a program under sub. (1) as a

1condition to the granting of a final judgment or order in the action affecting the
2family that is pending before the court or family circuit court commissioner.
AB354, s. 162 3Section 162. 767.115 (4) (a) of the statutes is amended to read:
AB354,59,94 767.115 (4) (a) At any time during the pendency of a divorce or paternity action,
5the court or family circuit court commissioner may order the parties to attend a class
6that is approved by the court or family circuit court commissioner and that addresses
7such issues as child development, family dynamics, how parental separation affects
8a child's development and what parents can do to make raising a child in a separated
9situation less stressful for the child.
AB354, s. 163 10Section 163. 767.115 (4) (b) of the statutes is amended to read:
AB354,59,1511 767.115 (4) (b) The court or family circuit court commissioner may not require
12the parties to attend a class under this subsection as a condition to the granting of
13the final judgment or order in the divorce or paternity action, however, the court or
14family circuit court commissioner may refuse to hear a custody or physical placement
15motion of a party who refuses to attend a class ordered under this subsection.
AB354, s. 164 16Section 164. 767.115 (4) (c) 2. of the statutes is amended to read:
AB354,59,1917 767.115 (4) (c) 2. If the court or family circuit court commissioner finds that a
18party is indigent, any costs that would be the responsibility of that party shall be paid
19by the county.
AB354, s. 165 20Section 165. 767.12 (1) of the statutes is amended to read:
AB354,59,2521 767.12 (1) Proceedings. In actions affecting the family, all hearings and trials
22to determine whether judgment shall be granted, except hearings under s. 767.13 (5)
23757.69 (1) (p) 3., shall be before the court. The testimony shall be taken by the
24reporter and shall be written out and filed with the record if so ordered by the court.
25Custody proceedings shall receive priority in being set for hearing.
AB354, s. 166
1Section 166. 767.125 of the statutes is amended to read:
AB354,60,8 2767.125 Order for appearance of litigants. Unless nonresidence in the
3state is shown by competent evidence, service is by publication, or the court shall for
4other good cause otherwise order, both parties in actions affecting the family shall
5be required to appear upon the trial. An order of the court or family a circuit court
6commissioner to that effect shall accordingly be procured by the moving party, and
7shall be served upon the nonmoving party before the trial. In the case of a joint
8petition the order is not required.
AB354, s. 167 9Section 167. 767.13 (title) of the statutes is repealed.
AB354, s. 168 10Section 168. 767.13 (1) of the statutes is renumbered 757.68 (2m) (a) and
11amended to read:
AB354,60,1812 757.68 (2m) (a) Counties other than Milwaukee. 1. `Appointment.' In each
13county, except in a county having a population of 500,000 or more, the circuit judges
14for the county, subject to the approval of
the chief judge of the judicial administrative
15district, shall, by order filed in the office of the clerk of the circuit court on or before
16the first Monday of July of each year, appoint some reputable attorney of recognized
17ability and standing at the bar as the
a circuit court commissioner to supervise the
18office of
family court commissioner for the county.
AB354,61,1019 2. `Powers; civil service; oath; temporary appointment; assistants.' The family
20court commissioner, by virtue of the office and to the extent required for the
21performance of the duties, has the powers of a court commissioner. The
circuit court
22commissioner appointed to supervise the office of
family court commissioner is in
23addition to the maximum number of circuit court commissioners permitted by
24s.757.68 sub. (1). The circuit court commissioner supervising the office of the family
25court commissioner, or any assistant circuit court commissioner assisting in family

1matters
, may be placed under a county civil service system by resolution of the county
2board. Before entering upon the discharge of the duties the family court
3commissioner shall take and file the official oath. The person appointed shall
4continue to act until a successor is appointed and qualified, except that in the event
5of disability or extended absence the judges may appoint another reputable attorney
6to act as temporary family court commissioner. The county board may provide that
7one or more assistant family court commissioners shall be appointed by the circuit
8judges for the county, subject to the approval of the chief judge of the judicial
9administrative district. An assistant family court commissioner shall have the same
10qualifications as the commissioner and shall take and file the official oath.
AB354, s. 169 11Section 169. 767.13 (2) (title) of the statutes is repealed.
AB354, s. 170 12Section 170. 767.13 (2) (a) of the statutes is renumbered 757.68 (2m) (b) and
13amended to read:
AB354,61,2114 757.68 (2m) (b) Appointment; assistants; civil service Milwaukee County. In
15counties having a population of 500,000 or more, there is created in the classified civil
16service a circuit court commissioner position to supervise the office of family court
17commissioner and such additional assistant family circuit court commissioners
18commissioner positions as the county board shall determine and authorize, who.
19Circuit court commissioners
shall be appointed from the membership of the bar
20residing in the county
to these positions by the chief judge of the judicial
21administrative district under ss. 63.01 to 63.17 SCR 75.02 (1).
AB354, s. 171 22Section 171. 767.13 (2) (b), (3) and (4) of the statutes are repealed.
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