2025 WISCONSIN ACT
An Act to create chapter 798 of the statutes; relating to: statutory recognition of specialized treatment court and commercial court dockets.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB73,1Section 1. Chapter 798 of the statutes is created to read: CHAPTER 798
SPECIALTY COURTS
798.01 Legislative findings. The legislature finds all of the following:
(1) Specialized dockets for treatment courts and for commercial cases have existed in this state and across the country for a number of years in recognition of the fact that the interests of justice in general, and of litigants in particular, are substantially enhanced when judges and other court personnel commit to take specific training in the subject matter areas of a particular specialized docket and then apply that training and expertise to the unique issues before the court. The use of specialized dockets increases efficiencies and improve outcomes in the handling of these cases.
(2) The commercial court docket has existed in this state for over 7 years as a pilot project in a number of counties and judicial districts and has been shown to reduce substantially the time it takes to obtain a decision and increase the level of satisfaction of the parties with the results in commercial disputes.
798.05 Treatment court dockets. (1) Purpose; authority. The purpose of this section is to statutorily recognize specialized dockets for treatment courts. Treatment courts are designed to operate within the framework of the existing state court system and specifically address underlying issues relating to criminal behavior. Treatment courts provide treatment while working with a multidisciplinary team to deploy a range of graduated rewards and sanctions with the goal of engaging participants in treatment long enough to successfully address any addiction or mental health issues and end the cycle of recidivism.
(2) Definition. In this section, “treatment court” includes all of the following:
(a) Adult drug treatment court.
(b) Juvenile drug treatment court.
(c) Operating while intoxicated treatment court.
(d) Mental health treatment court.
(e) Family dependency treatment court.
(f) Veterans treatment court.
(g) Hybrid treatment court.
(h) Tribal healing to wellness court.
798.15 Commercial court docket. (1) Purpose; authority. The purpose of this section is to statutorily recognize a specialized docket for commercial cases in state circuit courts. The commercial court docket is designed to operate within the framework of the existing state court system with minimal impact on the balance of court operations. It is intended to leverage judicial expertise in commercial law and disputes with commercial litigants’ desire to tailor case management practices best suited for resolving substantial business disputes fairly and expeditiously.
(2) Definitions. In this section:
(a) “Business organization” includes a sole proprietorship, corporation, partnership, limited liability company, limited partnership, professional association, benefits corporation, service corporation, joint venture, bank, savings bank, savings and loan association, or business trust. A “business organization” excludes an individual, a family trust, or a political subdivision or governmental entity.
(b) “Consumer contract or transaction” means a consumer contract or transaction that is primarily for personal, family, or household purposes.
(3) Scope. (a) The commercial court procedures outlined in this section apply to judicial administrative districts that have established specialized dockets for commercial cases on the effective date of this paragraph .... [LRB inserts date], and to any commercial court docket established after the effective date of this paragraph .... [LRB inserts date], beginning on the date that docket is established. Courts with specialized dockets for commercial cases shall be referred to as the “commercial court.”
(b) 1. The chief justice of the supreme court, after considering the recommendation of the chief judge of the encompassing judicial administrative district, shall select the circuit court judges in the judicial administrative districts who will be assigned to the commercial court docket upon each judge’s agreement to so serve. The chief justice of the supreme court shall select at least all of the following to participate in the commercial court under this section:
a. No fewer than 4 circuit court judges within the 2nd judicial administrative district.
b. No fewer than 4 circuit court judges within the 3rd judicial administrative district.
c. No fewer than 4 circuit court judges within the 5th judicial administrative district.
d. No fewer than 4 circuit court judges within the 8th judicial administrative district.
e. No fewer than 4 circuit court judges within the 10th judicial administrative district.
f. No fewer than 4 circuit court judges within any judicial administrative district that adds a commercial court docket.
2. A judge who presides in a commercial court docket is not prohibited from working on any other assigned docket.
3. The chief justice of the supreme court may add additional judicial administrative districts to the commercial court docket upon the recommendation of the director of state courts.
(4) Mandatory assignment of cases to the commercial court docket. (a) Any case of a type described under par. (b) that is filed in a circuit court in which a commercial court docket has been established shall be assigned to the commercial court docket as provided under sub. (7).
(b) The commercial court shall have jurisdiction over all of the following types of cases:
1. Cases involving the governance or internal affairs of business organizations, including all of the following:
a. Claims between or among owners or constituents of a business organization.
b. Claims against officers, directors, or managers of a business organization.
c. Claims involving the indemnity of owners, officers, directors, or managers of a business organization.
d. Claims involving the interpretation of the rights and obligations under the law governing business organizations, such as chs. 178 to 181, 183, 185, 204, 214, 215, and 221 to 223, or any similar statute or law from another jurisdiction.
e. Claims involving the interpretation of the rights and obligations under any agreement governing a business organization, such as the articles of incorporation, bylaws, operating agreements, membership agreements, or partnership agreement of the business organization.
2. Cases involving tortious or statutorily prohibited business activity, unfair competition, or antitrust, including all of the following:
a. Claims under ch. 133.
b. Claims under s. 100.30 (5m) or (5r).
c. Claims under s. 134.01.
d. Claims of tortious interference with a business organization.
e. Claims involving restrictive covenants and agreements not to compete or solicit.
f. Claims involving confidentiality agreements.
3. Cases involving the sale, consolidation, or merger of a business organization or the conversion, share exchange, or sale of substantially all of the assets of a business organization.
4. Cases involving the issuance, sale, or transfer of securities, including claims for securities fraud under ch. 551, or any similar statute or law from another jurisdiction.
5. Cases involving intellectual property rights, including all of the following:
a. Claims to determine the use, ownership, or status of trademarks, trade secrets, or copyrights.
b. Claims under s. 134.90.
c. Claims involving any agreement relating to the licensing of any intellectual property right, including patent rights.
6. Cases involving the relationship between a franchisor and franchisee or similar distribution relationship, including all of the following:
a. Claims arising from ch. 135 or any similar statute or law from another jurisdiction.
b. Claims arising from s. 134.93 or any similar statute or law from another jurisdiction.
c. Claims arising from ch. 553 or any similar statute or law from another jurisdiction.
7. Cases involving claims or disputes under ch. 402, 403, 404, 405, or 409, or any similar statute or law from another jurisdiction, when the amount in controversy exceeds $100,000, exclusive of interest, costs, and attorney fees.
