2001 Wisconsin Act 61

61,66 Section 66. 133.11 (1) of the statutes is amended to read:

133.11 (1) Whenever the attorney general files with any supplemental court commissioner a statement that the attorney general has reason to believe and does believe that a violation of this chapter has occurred, the commissioner shall issue a subpoena or a subpoena requiring the production of materials as requested by the department of justice. Mileage or witness fees are not required to be paid in advance but claims for such mileage and fees duly verified and approved by the department of justice shall be audited and paid out of the state treasury and charged to the appropriation provided by s. 20.455 (1) (d), and shall be at the same rates as witnesses in the circuit court.

61,67 Section 67. 133.11 (3) of the statutes is amended to read:

133.11 (3) The supplemental court commissioner shall be entitled to the fees as provided in s. 814.68 (1). All such fees and all other costs and expenses incident to the inquiry shall be paid out of the appropriation provided by s. 20.455 (1) (d).

61,68 Section 68. 171.04 (1) of the statutes is amended to read:

171.04 (1) If any property delivered to any forwarding merchant, wharfinger or warehouse keeper, for carriage or storage, is in a state of decay or manifestly liable to immediate damage and decay, the person in whose custody the property is, the person's agent or attorney, may make an affidavit of this fact, and present the affidavit to a circuit judge or supplemental court commissioner for the county in which the property is located, and the circuit judge or supplemental court commissioner shall immediately make an order requiring the sheriff or any constable of the county to immediately inspect the property, and directing him or her, if it is found to be in a state of decay or manifestly liable to immediate damage or decay, to summarily sell the property without notice.

61,69 Section 69. 171.04 (2) of the statutes is amended to read:

171.04 (2) If the sheriff or constable, upon inspection, finds the property to be in a state of decay, or manifestly liable to immediate damage or decay, the sheriff or constable shall attach to the order his or her affidavit stating such fact, and shall make an inventory of the property, and shall summarily sell the property without notice, and shall make full return of the sheriff's or constable's execution of the order to the judge or supplemental court commissioner who issued the same, together with the sheriff's or constable's affidavit, inventory and the proceeds of said sale, after deducting the sheriff's or constable's fees therefrom.

61,70 Section 70. 171.04 (3) of the statutes is amended to read:

171.04 (3) From the proceeds of such sale, the judge or supplemental court commissioner shall pay all legal charges that have been incurred in relation to the property, or a ratable proportion of each charge if the proceeds of the sale are not sufficient to pay all the charges; and the balance, if any, the judge or supplemental court commissioner shall immediately pay over to the treasurer of the judge's or commissioner's county, with a copy of all the proceedings in the matter. The county treasurer shall file the copy in his or her office.

61,71 Section 71. 171.05 of the statutes is amended to read:

171.05 Perishable property, held otherwise, how disposed of. If any property is perishable or subject to decay by keeping, the person in whose custody the property is, the person's agent or attorney, may make an affidavit of this fact and present the affidavit to a circuit judge or supplemental court commissioner for the county in which the property is located, and the judge or supplemental court commissioner shall immediately make an order requiring the sheriff or any constable of the county to immediately inspect the property, and if it is found to be perishable or subject to decay by keeping, to make and return an affidavit of this fact. Upon the return of this affidavit, the judge or supplemental court commissioner making the order shall immediately issue an order requiring the sheriff or constable to sell the property at public auction, giving notice of the time and place of the sale by publication of a class 1 notice, under ch. 985, and serving upon the consignor, the consignee and the custodian of the property, if they are known, a copy of the notice by mail. The sheriff or constable shall, at the time and place fixed by the notice, unless the property has been otherwise lawfully disposed of, sell the property at public auction, and shall make full return of his or her execution of the order, and return the same with an inventory of the property and the proceeds of the sale, after deducting his or her fees, to the judge or supplemental court commissioner making the order. From the proceeds of the sale, the judge or supplemental court commissioner shall pay all legal charges that have been incurred in relation to the property, or a ratable proportion of each charge, if the proceeds of the sale are not sufficient to pay all the charges; and the balance, if any, the judge or supplemental court commissioner shall immediately pay over to the treasurer of the county, with a copy of all the proceedings in the matter. The county treasurer shall file the copy in his or her office. The person in whose custody the property is when the proceedings for the sale were commenced, shall immediately notify the consignor and consignee of the sale, in writing which shall be served by leaving a copy with the consignor and consignee personally or by mail.

61,72 Section 72. 171.06 of the statutes is amended to read:

171.06 Unclaimed property, how disposed of. When any property is not perishable or subject to decay and is not claimed and taken away within one year after it was received, it may be sold as follows: The person in whose custody the property is, or the person's agent or attorney, may make an affidavit of the facts and present the same to a judge or supplemental court commissioner of the county in which the property is located and such judge or supplemental court commissioner shall immediately issue an order requiring the sheriff or any constable of the county to sell the property at public auction, giving 60 days' notice of the time and place of the sale to the consignor, the consignee and the custodian of the property. This notice shall be in writing and served personally or by mail upon the persons whose names and residences are known. If the name or residence of any of the persons is unknown and cannot be ascertained with reasonable diligence, the sheriff or constable shall make an affidavit of this fact and shall publish a class 3 notice, under ch. 985, in the county. At the time and place of the sale the sheriff or constable shall sell the property at public auction and shall make a full return of the sheriff's or constable's proceedings under the order to the judge or supplemental court commissioner issuing the order, together with proof of service or publication of the notice of the sale, and an inventory of the property sold and the proceeds of the sale after deducting the sheriff's or constable's fees. From the proceeds of the sale the judge or supplemental court commissioner shall pay all legal charges that have been incurred in relation to the property, including the charges of the person in whose custody the property was when the proceedings were begun, or a ratable proportion of each charge if the proceeds of the sale are not sufficient to pay all of the charges; and the balance, if any, the. The judge or supplemental court commissioner shall immediately pay any balance remaining over to the treasurer of his or her county, with a copy of all proceedings in the matter. The county treasurer shall file the copy in his or her office. The person in whose custody the property is when any proceeding for the sale is commenced, shall immediately notify the consignor and consignee of the sale, in writing, and served by leaving a copy thereof with the consignor and consignee, personally or by mail.

61,73 Section 73. 196.24 (2) of the statutes is amended to read:

196.24 (2) In the discharge of his or her duties, an agent appointed under sub. (1) shall have any inquisitional power granted to the commission and the power of a supplemental court commissioner to take depositions under s. 757.69 (3) 757.675 (2) (b).

61,74 Section 74. 196.675 (3) of the statutes is amended to read:

196.675 (3) This section does not apply to circuit or supplemental court commissioners.

61,75 Section 75. 563.71 (1) (a) of the statutes is amended to read:

563.71 (1) (a) Whenever the attorney general files with a circuit or supplemental court commissioner a statement that the attorney general believes that a violation of this chapter has occurred, the commissioner shall issue a subpoena for any person requested or named by the attorney general. Mileage and witness fees need not be paid in advance, but only verified claims for mileage and fees which are approved by the attorney general shall be paid out of the state treasury and charged to the appropriation under s. 20.455 (1) (d) and shall be the same rates as those paid witnesses in circuit court.

61,76 Section 76. 563.71 (1) (c) of the statutes is amended to read:

563.71 (1) (c) The supplemental court commissioner shall be entitled to the fees under s. 814.68 (1). All such fees and all other costs and expenses incident to such inquiry shall be paid out of the appropriation under s. 20.455 (1) (d).

61,77 Section 77. 753.175 of the statutes is repealed.

61,78 Section 78. 757.001 of the statutes is created to read:

757.001 Definitions. In this chapter:

(1) "Circuit court commissioner" means a person appointed under SCR 75.02 (1) and a supplemental court commissioner authorized under SCR 75.02 (3) to the limited extent of that authorization.

(2) "Supplemental court commissioner" means a person appointed under s. 757.675 (1).

61,79 Section 79. 757.01 (4) of the statutes is created to read:

757.01 (4) To exercise any of the powers and duties of a circuit court commissioner.

61,80 Section 80. 757.23 of the statutes is amended to read:

757.23 Court commissioner, when disqualified. A municipal court commissioner, a, circuit, or supplemental court commissioner, or any judge acting as a court commissioner, shall not act or take part in the decision of, or make any order in any matter or proceeding in which he or she is a party, or in which his or her rights would be in any manner affected by his or her decision or order thereon, or in which he or she is interested, or in which his or her law partner, or any person connected with him or her as employer, employee or clerk, or in the law business in any manner, shall be interested or appear as a party, agent, attorney or counsel. Any municipal court commissioner, circuit, or supplemental court commissioner or judge, acting as a court commissioner, violating this section shall forfeit $25 for each violation, and shall also be subject to removal from office.

61,81 Section 81. 757.24 of the statutes is amended to read:

757.24 Liability of judicial officers. Circuit judges and circuit and supplemental court commissioners shall be held personally liable to any party injured for any wilfull willful violation of the law in granting injunctions and appointing receivers, or for refusing to hear motions to dissolve injunctions and to discharge receivers if the motions are made in accordance with law or such rules as are promulgated by the supreme court.

61,82 Section 82. 757.30 (2) of the statutes is amended to read:

757.30 (2) Every person who appears as agent, representative or attorney, for or on behalf of any other person, or any firm, partnership, association or corporation in any action or proceeding in or before any court of record, circuit or supplemental court commissioner, or judicial tribunal of the United States, or of any state, or who otherwise, in or out of court, for compensation or pecuniary reward gives professional legal advice not incidental to his or her usual or ordinary business, or renders any legal service for any other person, or any firm, partnership, association or corporation, shall be deemed to be practicing law within the meaning of this section.

61,83 Section 83. 757.675 (title) of the statutes is created to read:

757.675 (title) Supplemental court commissioners.

61,84 Section 84. 757.68 (title) of the statutes is amended to read:

757.68 (title) Court Circuit court commissioners.

61,85 Section 85. 757.68 (1) of the statutes is repealed and recreated to read:

757.68 (1) Subject to subs. (2m) to (5m), in every county organized for judicial purposes, the county board shall establish the number of circuit court commissioner positions necessary for the efficient administration of judicial business within the circuit courts of the county. The circuit court commissioners may be employed on a full-time or part-time basis. Chapter 75 of the supreme court rules shall govern the qualifications for, and appointment, supervision, training, evaluation, and discipline of, circuit court commissioners. Any person qualified and acting as a judicial court commissioner on August 1, 1978, shall be considered a circuit court commissioner and shall continue in the classified county civil service but any person appointed as a court commissioner after August 1, 1978, shall be in the unclassified civil service. Each circuit court commissioner shall take and file the official oath in the office of the clerk of the circuit court of the county for which appointed before performing any duty of the office.

61,86 Section 86. 757.68 (2) (title) of the statutes is repealed.

61,87 Section 87. 757.68 (2) of the statutes is renumbered 757.675 (1) and amended to read:

757.675 (1) In each county the circuit judges shall appoint such number of part-time supplemental court commissioners as the proper transaction of business requires subject to the following exception:, except that in counties having a population of 200,000 or more each judge may appoint not more than 2 such supplemental court commissioners and in counties having a population of less than 200,000 each judge shall, as nearly as possible, appoint an equal number of supplemental court commissioners within the county. In all counties the appointments shall be subject to the approval of a majority of the circuit judges for the county. Appointments shall be in writing and shall be filed in the office of the clerk of the circuit court. All supplemental court commissioners appointed after May 16, 1978, other than official court reporters acting under s. 814.68 (1) (b) performing duties or exercising powers specified for court reporters, shall be attorneys licensed to practice in this state. The appointing judge may remove, at will and without cause, any supplemental court commissioner appointed by the judge or the judge's predecessor in office. Unless he or she is so removed, the term of each supplemental court commissioner shall continue until the expiration of the term of the appointing judge and until the successor of the commissioner is appointed and qualified. Each supplemental court commissioner shall take and file the official oath in the office of clerk of the circuit court of the county for which appointed before performing any duty of the office.

61,88 Section 88. 757.68 (3), (4) and (5) (title) of the statutes are repealed.

61,89 Section 89. 757.68 (5) of the statutes is renumbered 757.675 (6) and amended to read:

757.675 (6) Part-time Supplemental court commissioners appointed under sub. (2) (1) shall collect the fees prescribed in s. 814.68 (1).

61,90 Section 90. 757.68 (5m) of the statutes is created to read:

757.68 (5m) In counties having a population of 500,000 or more, the county board shall establish at least one circuit court commissioner position on a full-time basis to assist in small claims matters under ch. 799. In counties having a population of less than 500,000, the county board may establish one or more circuit court commissioner positions on a part-time or full-time basis to assist in small claims matters under ch. 799.

61,91 Section 91. 757.68 (6) of the statutes is created to read:

757.68 (6) The county board shall set the salary of persons appointed as circuit court commissioners. The county board shall furnish circuit court commissioners with necessary office space, furnishings, supplies, and services.

61,92 Section 92. 757.68 (7) of the statutes is created to read:

757.68 (7) The chief judge of the judicial administrative district may assign law clerks, bailiffs, and deputies to a circuit court commissioner. The chief judge shall supervise those law clerks, bailiffs, and deputies assigned to the court, except that the chief judge may delegate that authority.

61,93 Section 93. 757.69 (title) of the statutes is amended to read:

757.69 (title) Powers and duties of circuit court commissioners.

61,94 Section 94. 757.69 (1) (intro.) of the statutes is repealed and recreated to read:

757.69 (1) (intro.) A circuit court commissioner may:

61,95 Section 95. 757.69 (1) (b) of the statutes is amended to read:

757.69 (1) (b) In criminal matters issue summonses, arrest warrants or search warrants and, determine probable cause to support a warrantless arrest, conduct initial appearances of persons arrested and, set bail to the same extent as a judge. At the initial appearance, the court commissioner shall, when necessary, inform the defendant in accordance with s. 970.02 (1). If the defendant appears or claims to be unable to afford counsel, the court commissioner, in accordance with s. 970.02 (6), may, and refer the person to the authority for indigency determinations specified under s. 977.07 (1). If the court commissioner is a full-time A circuit court commissioner , he or she employed on a full-time basis may conduct the preliminary examination and arraignment to the same extent as a judge and, with the consent of both the state and the defendant, may accept a guilty plea. If a court refers a disputed restitution issue under s. 973.20 (13) (c) 4., the circuit court commissioner shall conduct the hearing on the matter in accordance with s. 973.20 (13) (c) 4.

61,96 Section 96. 757.69 (1) (g) of the statutes is renumbered 757.69 (1) (g) (intro.) and amended to read:

757.69 (1) (g) (intro.) When assigned to the assist a court assigned jurisdiction under chs. 48 and 938, a court commissioner may, under ch. 48 or 938, issue in juvenile matters:

1. Issue summonses and warrants, order .

2. Order the release or detention of children or expectant mothers of unborn children taken into custody, conduct.

3. Conduct detention and shelter care hearings, conduct.

4. Conduct preliminary appearances, conduct.

5. Conduct uncontested proceedings under ss. s. 48.13, 48.133, 938.12, 938.13 and, or 938.18, enter.

6. Enter into consent decrees and exercise.

7. Exercise the powers and perform the duties specified in par. (j) or (m), whichever is applicable, in proceedings under s. 813.122 or 813.125 in which the respondent is a child. Contested waiver hearings under s. 938.18 and dispositional hearings under ss. 48.335 and 938.335 shall be conducted by a judge. When acting in an official capacity and assigned to the children's court center, a court commissioner shall sit at the children's court center or such other facility designated by the chief judge. Any decision by the 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 the commissioner may be certified to the branch of court to which such case has been assigned upon a motion of any party for a hearing de novo.

61,97 Section 97. 757.69 (1) (g) 8. to 13. of the statutes are created to read:

757.69 (1) (g) 8. Conduct hearings under s. 48.21 or 938.21 and thereafter order a child or juvenile held in or released from custody.

9. Conduct hearings under s. 48.213 and thereafter order an adult expectant mother of an unborn child to be held in or released from custody.

10. Conduct plea hearings.

11. Conduct prehearing conferences.

12. Issue orders requiring compliance with deferred prosecution agreements.

13. Conduct all proceedings on petitions or citations under s. 938.125.

61,98 Section 98. 757.69 (1) (j) of the statutes is amended to read:

757.69 (1) (j) Hold hearings, make findings and issue temporary restraining orders under s. 813.122 or 813.123.

61,99 Section 99. 757.69 (1) (k) of the statutes is repealed and recreated to read:

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.

61,100 Section 100. 757.69 (1) (m) of the statutes is amended to read:

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

61,101 Section 101. 757.69 (1m) of the statutes is created to read:

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:

(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.

(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.

(c) Conduct hearings for the termination of parental rights or for adoptions.

(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.

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

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