AB354,31,2117
103.005
(5) (c) In the discharge of his or her duties such agent shall have every
18power of an inquisitorial nature granted in chs. 103 to 106 to the department, the
19same powers as a
supplemental court commissioner with regard to the taking of
20depositions and all powers granted by law to a
supplemental court commissioner
21relative to depositions.
AB354, s. 65
22Section
65. 133.10 (1) of the statutes is amended to read:
AB354,32,923
133.10
(1) The examination of any party, or if a corporation or limited liability
24company be a party, of the president, secretary, other principal officer or the general
25managing agent thereof, or of the person who was such president, secretary, officer
1or agent at the time of the occurrence of the facts made the subject of the
2examination, or of any person acting for another or for a corporation, limited liability
3company or partnership, other than as a witness on a trial, may be taken by
4deposition at the instance of the department of justice in any such action or
5proceeding at any time between the commencement thereof and final judgment.
6Such deposition shall be taken within the state before a judge at chambers or a
7supplemental court commissioner on previous notice to such party and any other
8adverse party or the attorney thereof of at least 5 days, and may be taken without
9the state.
AB354, s. 66
10Section
66. 133.11 (1) of the statutes is amended to read:
AB354,32,1911
133.11
(1) Whenever the attorney general files with any
supplemental court
12commissioner a statement that the attorney general has reason to believe and does
13believe that a violation of this chapter has occurred, the commissioner shall issue a
14subpoena or a subpoena requiring the production of materials as requested by the
15department of justice. Mileage or witness fees are not required to be paid in advance
16but claims for such mileage and fees duly verified and approved by the department
17of justice shall be audited and paid out of the state treasury and charged to the
18appropriation provided by s. 20.455 (1) (d), and shall be at the same rates as
19witnesses in the circuit court.
AB354, s. 67
20Section
67. 133.11 (3) of the statutes is amended to read:
AB354,32,2321
133.11
(3) The
supplemental court commissioner shall be entitled to the fees
22as provided in s. 814.68 (1). All such fees and all other costs and expenses incident
23to the inquiry shall be paid out of the appropriation provided by s. 20.455 (1) (d).
AB354, s. 68
24Section
68. 171.04 (1) of the statutes is amended to read:
AB354,33,10
1171.04
(1) If any property delivered to any forwarding merchant, wharfinger
2or warehouse keeper, for carriage or storage, is in a state of decay or manifestly liable
3to immediate damage and decay, the person in whose custody the property is, the
4person's agent or attorney, may make an affidavit of this fact, and present the
5affidavit to a circuit judge or
supplemental court commissioner for the county in
6which the property is located, and the circuit judge or
supplemental court
7commissioner shall immediately make an order requiring the sheriff or any
8constable of the county to immediately inspect the property, and directing him or her,
9if it is found to be in a state of decay or manifestly liable to immediate damage or
10decay, to summarily sell the property without notice.
AB354, s. 69
11Section
69. 171.04 (2) of the statutes is amended to read:
AB354,33,1912
171.04
(2) If the sheriff or constable, upon inspection, finds the property to be
13in a state of decay, or manifestly liable to immediate damage or decay, the sheriff or
14constable shall attach to the order his or her affidavit stating such fact, and shall
15make an inventory of the property, and shall summarily sell the property without
16notice, and shall make full return of the sheriff's or constable's execution of the order
17to the judge or
supplemental court commissioner who issued the same, together with
18the sheriff's or constable's affidavit, inventory and the proceeds of said sale, after
19deducting the sheriff's or constable's fees therefrom.
AB354, s. 70
20Section
70. 171.04 (3) of the statutes is amended to read:
AB354,34,221
171.04
(3) From the proceeds of such sale, the judge or
supplemental court 22commissioner shall pay all legal charges that have been incurred in relation to the
23property, or a ratable proportion of each charge if the proceeds of the sale are not
24sufficient to pay all the charges; and the balance, if any, the judge or
supplemental
25court commissioner shall immediately pay over to the treasurer of the judge's or
1commissioner's county, with a copy of all the proceedings in the matter. The county
2treasurer shall file the copy in his or her office.
AB354, s. 71
3Section
71. 171.05 of the statutes is amended to read:
AB354,35,6
4171.05 Perishable property, held otherwise, how disposed of. If any
5property is perishable or subject to decay by keeping, the person in whose custody
6the property is, the person's agent or attorney, may make an affidavit of this fact and
7present the affidavit to a circuit judge or
supplemental court commissioner for the
8county in which the property is located, and the judge or
supplemental court
9commissioner shall immediately make an order requiring the sheriff or any
10constable of the county to immediately inspect the property, and if it is found to be
11perishable or subject to decay by keeping, to make and return an affidavit of this fact.
12Upon the return of this affidavit, the judge or
supplemental court commissioner
13making the order shall immediately issue an order requiring the sheriff or constable
14to sell the property at public auction, giving notice of the time and place of the sale
15by publication of a class 1 notice, under ch. 985, and serving upon the consignor, the
16consignee and the custodian of the property, if they are known, a copy of the notice
17by mail. The sheriff or constable shall, at the time and place fixed by the notice,
18unless the property has been otherwise lawfully disposed of, sell the property at
19public auction, and shall make full return of his or her execution of the order, and
20return the same with an inventory of the property and the proceeds of the sale, after
21deducting his or her fees, to the judge or
supplemental court commissioner making
22the order. From the proceeds of the sale, the judge or
supplemental court 23commissioner shall pay all legal charges that have been incurred in relation to the
24property, or a ratable proportion of each charge, if the proceeds of the sale are not
25sufficient to pay all the charges; and the balance, if any, the judge or
supplemental
1court commissioner shall immediately pay over to the treasurer of the county, with
2a copy of all the proceedings in the matter. The county treasurer shall file the copy
3in his or her office. The person in whose custody the property is when the proceedings
4for the sale were commenced
, shall immediately notify the consignor and consignee
5of the sale, in writing which shall be served by leaving a copy with the consignor and
6consignee personally or by mail.
AB354, s. 72
7Section
72. 171.06 of the statutes is amended to read:
AB354,36,12
8171.06 Unclaimed property, how disposed of. When any property is not
9perishable or subject to decay and is not claimed and taken away within one year
10after it was received, it may be sold as follows: The person in whose custody the
11property is, or the person's agent or attorney, may make an affidavit of the facts and
12present the same to a judge or
supplemental court commissioner of the county in
13which the property is located and such judge or
supplemental court commissioner
14shall immediately issue an order requiring the sheriff or any constable of the county
15to sell the property at public auction, giving 60 days' notice of the time and place of
16the sale to the consignor, the consignee and the custodian of the property. This notice
17shall be in writing and served personally or by mail upon the persons whose names
18and residences are known. If the name or residence of any of the persons is unknown
19and cannot be ascertained with reasonable diligence, the sheriff or constable shall
20make an affidavit of this fact and shall publish a class 3 notice, under ch. 985, in the
21county. At the time and place of the sale the sheriff or constable shall sell the property
22at public auction and shall make a full return of the sheriff's or constable's
23proceedings under the order to the judge or
supplemental court commissioner
24issuing the order, together with proof of service or publication of the notice of the sale,
25and an inventory of the property sold and the proceeds of the sale after deducting the
1sheriff's or constable's fees. From the proceeds of the sale the judge or
supplemental
2court commissioner shall pay all legal charges that have been incurred in relation
3to the property, including the charges of the person in whose custody the property
4was when the proceedings were begun, or a ratable proportion of each charge if the
5proceeds of the sale are not sufficient to pay all
of the charges
; and the balance, if any,
6the. The judge or
supplemental court commissioner shall immediately pay
any
7balance remaining over to the treasurer of his or her county, with a copy of all
8proceedings in the matter. The county treasurer shall file the copy in his or her office.
9The person in whose custody the property is when any proceeding for the sale is
10commenced
, shall immediately notify the consignor and consignee of the sale, in
11writing, and served by leaving a copy thereof with the consignor and consignee,
12personally or by mail.
AB354, s. 73
13Section
73. 196.24 (2) of the statutes is amended to read:
AB354,36,1714
196.24
(2) In the discharge of his or her duties, an agent appointed under sub.
15(1) shall have any inquisitional power granted to the commission and the power of
16a
supplemental court commissioner to take depositions under s.
757.69 (3) 757.675
17(2) (b).
AB354, s. 74
18Section
74. 196.675 (3) of the statutes is amended to read:
AB354,36,2019
196.675
(3) This section does not apply to
circuit or supplemental court
20commissioners.
AB354, s. 75
21Section
75. 563.71 (1) (a) of the statutes is amended to read:
AB354,37,422
563.71
(1) (a) Whenever the attorney general files with a circuit
or
23supplemental court commissioner a statement that the attorney general believes
24that a violation of this chapter has occurred, the commissioner shall issue a subpoena
25for any person requested or named by the attorney general. Mileage and witness fees
1need not be paid in advance, but only verified claims for mileage and fees which are
2approved by the attorney general shall be paid out of the state treasury and charged
3to the appropriation under s. 20.455 (1) (d) and shall be the same rates as those paid
4witnesses in circuit court.
AB354, s. 76
5Section
76. 563.71 (1) (c) of the statutes is amended to read:
AB354,37,86
563.71
(1) (c) The
supplemental court commissioner shall be entitled to the fees
7under s. 814.68 (1). All such fees and all other costs and expenses incident to such
8inquiry shall be paid out of the appropriation under s. 20.455 (1) (d).
AB354, s. 77
9Section
77. 753.175 of the statutes is repealed.
AB354, s. 78
10Section
78. 757.001 of the statutes is created to read:
AB354,37,11
11757.001 Definitions. In this chapter:
AB354,37,14
12(1) "Circuit court commissioner" means a person appointed under SCR 75.02
13(1) and a supplemental court commissioner authorized under SCR 75.02 (3) to the
14limited extent of that authorization.
AB354,37,16
15(2) "Supplemental court commissioner" means a person appointed under s.
16757.675 (1).
AB354, s. 79
17Section
79. 757.01 (4) of the statutes is created to read:
AB354,37,1918
757.01
(4) To exercise any of the powers and duties of a circuit court
19commissioner.
AB354, s. 80
20Section
80. 757.23 of the statutes is amended to read:
AB354,38,6
21757.23 Court commissioner, when disqualified. A municipal
court
22commissioner, a, circuit, or supplemental court commissioner, or any judge acting as
23a court commissioner, shall not act or take part in the decision of, or make any order
24in any matter or proceeding in which he or she is a party, or in which his or her rights
25would be in any manner affected by his or her decision or order thereon, or in which
1he or she is interested, or in which his or her law partner, or any person connected
2with him or her as employer, employee or clerk, or in the law business in any manner,
3shall be interested or appear as a party, agent, attorney or counsel. Any municipal
4court commissioner,
circuit, or supplemental court commissioner or judge, acting as
5a court commissioner, violating this section shall forfeit $25 for each violation, and
6shall also be subject to removal from office.
AB354, s. 81
7Section
81. 757.24 of the statutes is amended to read:
AB354,38,13
8757.24 Liability of judicial officers. Circuit judges and
circuit and
9supplemental court commissioners shall be held personally liable to any party
10injured for any
wilfull willful violation of the law in granting injunctions and
11appointing receivers, or for refusing to hear motions to dissolve injunctions and to
12discharge receivers if the motions are made in accordance with law or such rules as
13are promulgated by the supreme court.
AB354, s. 82
14Section
82. 757.30 (2) of the statutes is amended to read:
AB354,38,2215
757.30
(2) Every person who appears as agent, representative or attorney, for
16or on behalf of any other person, or any firm, partnership, association or corporation
17in any action or proceeding in or before any court of record,
circuit or supplemental 18court commissioner, or judicial tribunal of the United States, or of any state, or who
19otherwise, in or out of court, for compensation or pecuniary reward gives professional
20legal advice not incidental to his or her usual or ordinary business, or renders any
21legal service for any other person, or any firm, partnership, association or
22corporation, shall be deemed to be practicing law within the meaning of this section.
AB354, s. 83
23Section
83. 757.675 (title) of the statutes is created to read:
AB354,38,24
24757.675 (title)
Supplemental court commissioners.
AB354, s. 84
25Section
84. 757.68 (title) of the statutes is amended to read:
AB354,39,1
1757.68 (title)
Court
Circuit court commissioners.
AB354, s. 85
2Section
85. 757.68 (1) of the statutes is repealed and recreated to read:
AB354,39,153
757.68
(1) Subject to subs. (2m) to (5m), in every county organized for judicial
4purposes, the county board shall establish the number of circuit court commissioner
5positions necessary for the efficient administration of judicial business within the
6circuit courts of the county. The circuit court commissioners may be employed on a
7full-time or part-time basis. Chapter 75 of the supreme court rules shall govern the
8qualifications for, and appointment, supervision, training, evaluation, and discipline
9of, circuit court commissioners. Any person qualified and acting as a judicial court
10commissioner on August 1, 1978, shall be considered a circuit court commissioner
11and shall continue in the classified county civil service but any person appointed as
12a court commissioner after August 1, 1978, shall be in the unclassified civil service.
13Each circuit court commissioner shall take and file the official oath in the office of
14the clerk of the circuit court of the county for which appointed before performing any
15duty of the office.
AB354, s. 86
16Section
86. 757.68 (2) (title) of the statutes is repealed.
AB354, s. 87
17Section
87. 757.68 (2) of the statutes is renumbered 757.675 (1) and amended
18to read:
AB354,40,1319
757.675
(1) In each county the circuit judges shall appoint such number of
20part-time supplemental court commissioners as the proper transaction of business
21requires
subject to the following exception:, except that in counties having a
22population of 200,000 or more each judge may appoint not more than 2
such 23supplemental court commissioners and in counties having a population of less than
24200,000 each judge shall, as nearly as possible, appoint an equal number of
25supplemental court commissioners within the county. In all counties the
1appointments shall be subject to the approval of a majority of the circuit judges for
2the county. Appointments shall be in writing and shall be filed in the office of the
3clerk of the circuit court. All
supplemental court commissioners appointed after May
416, 1978,
other than official court reporters acting under s. 814.68 (1) (b) performing
5duties or exercising powers specified for court reporters, shall be attorneys licensed
6to practice in this state. The appointing judge may remove, at will and without cause,
7any
supplemental court commissioner appointed by the judge or the judge's
8predecessor in office. Unless he or she is so removed, the term of each
supplemental 9court commissioner shall continue until the expiration of the term of the appointing
10judge and until the successor of the commissioner is appointed and qualified. Each
11supplemental court commissioner shall take and file the official oath in the office of
12clerk of the circuit court of the county for which appointed before performing any
13duty of the office.
AB354, s. 88
14Section
88. 757.68 (3), (4) and (5) (title) of the statutes are repealed.
AB354, s. 89
15Section
89. 757.68 (5) of the statutes is renumbered 757.675 (6) and amended
16to read:
AB354,40,1817
757.675
(6) Part-time Supplemental court commissioners appointed under
18sub.
(2) (1) shall collect the fees prescribed in s. 814.68 (1).
AB354, s. 90
19Section
90. 757.68 (5m) of the statutes is created to read:
AB354,40,2520
757.68
(5m) In counties having a population of 500,000 or more, the county
21board shall establish at least one circuit court commissioner position on a full-time
22basis to assist in small claims matters under ch. 799. In counties having a population
23of less than 500,000, the county board may establish one or more circuit court
24commissioner positions on a part-time or full-time basis to assist in small claims
25matters under ch. 799.
AB354, s. 91
1Section
91. 757.68 (6) of the statutes is created to read:
AB354,41,42
757.68
(6) The county board shall set the salary of persons appointed as circuit
3court commissioners. The county board shall furnish circuit court commissioners
4with necessary office space, furnishings, supplies, and services.
AB354, s. 92
5Section
92. 757.68 (7) of the statutes is created to read:
AB354,41,96
757.68
(7) The chief judge of the judicial administrative district may assign law
7clerks, bailiffs, and deputies to a circuit court commissioner. The chief judge shall
8supervise those law clerks, bailiffs, and deputies assigned to the court, except that
9the chief judge may delegate that authority.
AB354, s. 93
10Section
93. 757.69 (title) of the statutes is amended to read:
AB354,41,11
11757.69 (title)
Powers and duties of circuit court commissioners.
AB354, s. 94
12Section
94. 757.69 (1) (intro.) of the statutes is repealed and recreated to read:
AB354,41,1313
757.69
(1) (intro.) A circuit court commissioner may:
AB354, s. 95
14Section
95. 757.69 (1) (b) of the statutes is amended to read:
AB354,42,215
757.69
(1) (b) In criminal matters issue summonses, arrest warrants or search
16warrants
and, determine probable cause to support a warrantless arrest, conduct
17initial appearances of persons arrested
and, set bail
to the same extent as a judge.
18At the initial appearance, the court commissioner shall, when necessary, inform the
19defendant in accordance with s. 970.02 (1)
. If the defendant appears or claims to be
20unable to afford counsel, the court commissioner, in accordance with s. 970.02 (6),
21may, and refer the person to the authority for indigency determinations specified
22under s. 977.07 (1).
If the court commissioner is a full-time A circuit court
23commissioner
, he or she employed on a full-time basis may conduct the preliminary
24examination and arraignment
to the same extent as a judge and, with the consent
25of both the state and the defendant,
may accept a guilty plea. If a court refers a
1disputed restitution issue under s. 973.20 (13) (c) 4., the
circuit court commissioner
2shall conduct the hearing on the matter in accordance with s. 973.20 (13) (c) 4.
AB354, s. 96
3Section
96. 757.69 (1) (g) of the statutes is renumbered 757.69 (1) (g) (intro.)
4and amended to read:
AB354,42,75
757.69
(1) (g) (intro.) When assigned to
the assist a court
assigned jurisdiction
6under chs. 48 and 938, a court commissioner may, under ch. 48 or 938, issue in
7juvenile matters:
AB354,42,8
81. Issue summonses and warrants
, order
.
AB354,42,10
92. Order the release or detention of children or expectant mothers of unborn
10children taken into custody
, conduct.
AB354,42,11
113. Conduct detention and shelter care hearings
, conduct.
AB354,42,12
124. Conduct preliminary appearances
, conduct.
AB354,42,14
135. Conduct uncontested proceedings under
ss. s. 48.13, 48.133, 938.12, 938.13
14and, or 938.18
, enter.
AB354,42,15
156. Enter into consent decrees
and exercise.
AB354,43,2
167. Exercise the powers and perform the duties specified in par. (j) or (m),
17whichever is applicable, in proceedings under s. 813.122 or 813.125 in which the
18respondent is a child.
Contested waiver hearings under s. 938.18 and dispositional
19hearings under ss. 48.335 and 938.335 shall be conducted by a judge. When acting
20in an official capacity and assigned to the children's court center, a court
21commissioner shall sit at the children's court center or such other facility designated
22by the chief judge. Any decision by the commissioner shall be reviewed by the judge
23of the branch of court to which the case has been assigned, upon motion of any party.
24Any determination, order or ruling by the commissioner may be certified to the
1branch of court to which such case has been assigned upon a motion of any party for
2a hearing de novo.
AB354, s. 97
3Section
97. 757.69 (1) (g) 8. to 13. of the statutes are created to read:
AB354,43,54
757.69
(1) (g) 8. Conduct hearings under s. 48.21 or 938.21 and thereafter order
5a child or juvenile held in or released from custody.
AB354,43,76
9. Conduct hearings under s. 48.213 and thereafter order an adult expectant
7mother of an unborn child to be held in or released from custody.
AB354,43,88
10. Conduct plea hearings.
AB354,43,99
11. Conduct prehearing conferences.
AB354,43,1010
12. Issue orders requiring compliance with deferred prosecution agreements.
AB354,43,1111
13. Conduct all proceedings on petitions or citations under s. 938.125.
AB354, s. 98
12Section
98. 757.69 (1) (j) of the statutes is amended to read:
AB354,43,1413
757.69
(1) (j) Hold hearings, make findings and issue temporary restraining
14orders under s. 813.122
or 813.123.
AB354, s. 99
15Section
99. 757.69 (1) (k) of the statutes is repealed and recreated to read:
AB354,43,1816
757.69
(1) (k) Administer oaths, take, certify, and report depositions and
17testimony, take and certify acknowledgments, allow accounts, and fix the amount
18and approve the sufficiency of bonds.
AB354, s. 100
19Section
100. 757.69 (1) (m) of the statutes is amended to read:
AB354,43,2120
757.69
(1) (m) Hold hearings, make findings
, and issue
temporary restraining 21orders
and injunctions under s.
813.12 or 813.125.
AB354, s. 101
22Section
101. 757.69 (1m) of the statutes is created to read:
AB354,44,223
757.69
(1m) Circuit court commissioners assigned to assist a court in juvenile
24matters shall sit at the children's court center, the usual court facility for juvenile
1matters, or such other facility designated by the chief judge of the judicial
2administrative district. Those commissioners may not do any of the following:
AB354,44,43
(a) Conduct fact-finding or dispositional hearings except on petitions or
4citations under s. 938.125 and except as provided in sub. (1) (g) 5.
AB354,44,75
(b) Make dispositions other than approving consent decrees, ordering
6compliance with deferred prosecution agreements and ordering dispositions in
7uncontested proceedings under s. 48.13, 48.133, 938.12, or 938.13.
AB354,44,88
(c) Conduct hearings for the termination of parental rights or for adoptions.