LRB-5171/1
RPN:kmg:kat
1995 - 1996 LEGISLATURE
February 29, 1996 - Introduced by Representatives Kelso, Ainsworth, Green,
Grothman, Owens, Porter, Silbaugh, Albers, Olsen, Brandemuehl, Goetsch,
Kaufert, Nass, Kreuser, Schneiders and Gunderson, cosponsored by
Senators Cowles and Drzewiecki. Referred to Committee on Judiciary.
AB969,1,2
1An Act to amend 757.69 (1) (d) and 799.206 (3) of the statutes;
relating to:
2powers of court commissioners.
Analysis by the Legislative Reference Bureau
Under current law, a court commissioner, if delegated by a judge and with the
approval of the chief judge, may perform numerous tasks, including issuing arrest
and search warrants, conducting initial appearances in traffic and county ordinance
cases, hearing petitions for commitment and conducting initial return appearance
and conciliation conferences in small claims actions. This bill allows a court
commissioner, if delegated by a judge and with the approval of the chief judge, to
conduct eviction actions in small claims actions.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB969, s. 1
3Section
1. 757.69 (1) (d) of the statutes is amended to read:
AB969,1,64
757.69
(1) (d) In small claims actions, conduct initial return appearance and
5conciliation conferences
and all proceedings related to eviction actions, except trials
6to a jury.
AB969, s. 2
7Section
2. 799.206 (3) of the statutes is amended to read:
AB969,2,58
799.206
(3) When all parties appear in person or by their attorneys on the
9return date in
an eviction, a garnishment or replevin action and any party claims
1that a contest exists, the matter shall be forthwith scheduled for a hearing, to be held
2as soon as possible before a judge.
When all parties appear in person or by their
3attorneys on the return date in an eviction action and any party claims that a contest
4exists, the matter shall be forthwith scheduled for a hearing, to be held as soon as
5possible before a court commissioner.
AB969,2,8
7(1) This act first applies to eviction actions commenced on the effective date of
8this subsection.
