AB380: Bill Text

AB380, s. 105 Section 105. 757.69 (8) of the statutes is created to read:

AB380,45,9 757.69 (8) Any decision of a circuit court 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 a circuit court commissioner may be certified to the branch of court to which the case has been assigned, upon a motion of any party for a hearing de novo.

AB380, s. 106 Section 106. 757.695 of the statutes is repealed.

AB380, s. 107 Section 107. 757.70 (2) of the statutes is amended to read:

AB380,45,16 757.70 (2) All hearings before a circuit or supplemental court commissioner shall be held in the county courthouse or other court facilities provided by law. This provision does not apply to nontestimonial proceedings, supplementary hearings on the present financial status of a debtor under s. 757.69 (3) 757.675 (2) (h) or depositions taken before a circuit or supplemental court commissioner.

AB380, s. 108 Section 108. 757.72 (title) of the statutes is repealed.

AB380, s. 109 Section 109. 757.72 (1) of the statutes is renumbered 757.68 (4m) and amended to read:

AB380,46,5 757.68 (4m) In counties having a population of 500,000 or more, there is created in the classified civil service a circuit court commissioner position to supervise the office of probate court commissioner and to assist the court in probate matters. In counties having a population of at least 100,000 but not more than 500,000, the county board may create a circuit court commissioner position to supervise the office of probate court commissioner which and to assist in probate matters. That position may be in the classified civil service. If the chief judge delegates that authority to a judge assigned to probate jurisdiction, that judge may assign to the circuit court commissioner any matters over which the judge has jurisdiction, and the circuit court commissioner may determine such matters and may sign any order or certificate required by that determination.

AB380, s. 110 Section 110. 757.72 (2) of the statutes is repealed.

AB380, s. 111 Section 111. 757.72 (3) of the statutes is repealed.

AB380, s. 112 Section 112. 757.72 (4) of the statutes is repealed.

AB380, s. 113 Section 113. 757.72 (5) of the statutes is renumbered 851.73 (1) (g) and amended to read:

AB380,46,13 851.73 (1) (g) The register in probate of a county shall Shall have the duties and powers of a circuit court commissioner assigned to assist in probate matters and shall act in that capacity when designated to do so by a judge assigned probate jurisdiction.

AB380, s. 114 Section 114. 757.72 (6) of the statutes is repealed.

AB380, s. 115 Section 115. 757.72 (7) of the statutes is repealed.

AB380, s. 116 Section 116. 757.72 (8) of the statutes is repealed.

AB380, s. 117 Section 117. 757.81 (2) of the statutes is repealed.

AB380, s. 118 Section 118. 757.81 (6) of the statutes is amended to read:

AB380,46,22 757.81 (6) "Permanent disability" means a physical or mental incapacity which impairs the ability of a judge or circuit or supplemental court commissioner to substantially perform the duties of his or her judicial office and which is or is likely to be of a permanent or continuing nature.

AB380, s. 119 Section 119. 757.85 (1) (a) of the statutes is amended to read:

AB380,47,5 757.85 (1) (a) The commission shall investigate any possible misconduct or permanent disability of a judge or circuit or supplemental court commissioner. Misconduct constitutes cause under article VII, section 11, of the constitution. Except as provided in par. (b), judges, circuit or supplemental court commissioners, clerks, court reporters, court employes and attorneys shall comply with requests by the commission for information, documents and other materials relating to an investigation under this section.

AB380, s. 120 Section 120. 757.85 (1) (b) of the statutes is amended to read:

AB380,47,9 757.85 (1) (b) The judge or circuit or supplemental court commissioner who is under investigation is not subject to the request procedure under par. (a) but is subject to the subpoena procedure under sub. (2).

AB380, s. 121 Section 121. 757.85 (3) of the statutes is amended to read:

AB380,47,18 757.85 (3) The commission may notify a judge or circuit or supplemental court commissioner that the commission is investigating possible misconduct by or permanent disability of the judge or circuit or supplemental court commissioner. Before finding probable cause, the commission shall notify the judge or circuit or supplemental court commissioner of the substance of the complaint or petition and afford the judge or circuit or supplemental court commissioner a reasonable opportunity to respond. If the judge or circuit or supplemental court commissioner responds, the commission shall consider the response before it finds probable cause.

AB380, s. 122 Section 122. 757.85 (4) of the statutes is amended to read:

AB380,47,22 757.85 (4) The commission may require a judge or circuit or supplemental court commissioner who is under investigation for permanent disability to submit to a medical examination arranged by the commission.

AB380, s. 123 Section 123. 757.85 (5) of the statutes is amended to read:

AB380,48,5 757.85 (5) The commission shall, upon a finding of probable cause that a judge or circuit or supplemental court commissioner has engaged or is engaging in misconduct, file a formal complaint with the supreme court. Upon a finding of probable cause that a judge or circuit or supplemental court commissioner has a permanent disability, the commission shall file a petition with the supreme court. If the commission requests a jury under s. 757.87 (1), the request shall be attached to the formal complaint or the petition.

AB380, s. 124 Section 124. 757.87 (1) of the statutes is amended to read:

AB380,48,15 757.87 (1) After the commission has found probable cause that a judge or circuit or supplemental court commissioner has engaged in misconduct or has a permanent disability, and before the commission files a formal complaint or a petition under s. 757.85 (5), the commission may, by a majority of its total membership not disqualified from voting, request a jury hearing. If a jury is not requested, the matter shall be heard by a panel constituted under sub. (3). The vote of each member on the question of a jury request shall be recorded and shall be available for public inspection under s. 19.35 after the formal complaint or the petition is filed.

AB380, s. 125 Section 125. 757.89 of the statutes is amended to read:

AB380,49,5 757.89 Hearing. A record shall be kept of any hearing on a formal complaint or a petition. The allegations of the complaint or petition must be proven to a reasonable certainty by evidence that is clear, satisfactory and convincing. The hearing shall be held in the county where the judge or circuit or supplemental court commissioner resides unless the presiding judge changes venue for cause shown or unless the parties otherwise agree. If the hearing is by a panel, the panel shall make findings of fact, conclusions of law and recommendations regarding appropriate discipline for misconduct or appropriate action for permanent disability and file the findings, conclusions and recommendations with the supreme court. If a jury hearing is requested under s. 757.87 (1), the presiding judge shall instruct the jury regarding the law applicable to judicial misconduct or permanent disability, as appropriate. The presiding judge shall file the jury verdict and his or her recommendations regarding appropriate discipline for misconduct or appropriate action for permanent disability with the supreme court.

AB380, s. 126 Section 126. 757.93 (1) (a) of the statutes is amended to read:

AB380,49,12 757.93 (1) (a) All proceedings under ss. 757.81 to 757.99 relating to misconduct or permanent disability prior to the filing of a petition or formal complaint by the commission are confidential unless a judge or circuit or supplemental court commissioner waives the right to confidentiality in writing to the commission. Any such waiver does not affect the confidentiality of the identity of a person providing information under par. (b).

AB380, s. 127 Section 127. 757.93 (1) (b) of the statutes is amended to read:

AB380,49,18 757.93 (1) (b) Any person who provides information to the commission concerning possible misconduct or permanent disability may request that the commission not disclose his or her identity to the judge or circuit or supplemental court commissioner prior to the filing of a petition or a formal complaint by the commission.

AB380, s. 128 Section 128. 757.93 (2) of the statutes is amended to read:

AB380,50,2 757.93 (2) If prior to the filing of a formal complaint or a petition an investigation of possible misconduct or permanent disability becomes known to the public, the commission may issue statements in order to confirm the pendency of the investigation, to clarify the procedural aspects of the disciplinary proceedings, to explain the right of the judge or circuit or supplemental court commissioner to a fair hearing without prejudgment, to state that the judge or circuit or supplemental court commissioner denies the allegations, to state that an investigation has been completed and no probable cause was found or to correct public misinformation.

AB380, s. 129 Section 129. 757.93 (4) (a) of the statutes is amended to read:

AB380,50,6 757.93 (4) (a) Referring to the director of state courts information relating to an alleged delay or an alleged temporary disability of a judge or circuit or supplemental court commissioner.

AB380, s. 130 Section 130. 757.95 of the statutes is amended to read:

AB380,50,12 757.95 Temporary suspension by supreme court. The supreme court may, following the filing of a formal complaint or a petition by the commission, prohibit a judge or circuit or supplemental court commissioner from exercising the powers of a judge or circuit or supplemental court commissioner pending final determination of the proceedings.

AB380, s. 131 Section 131. 757.99 of the statutes is amended to read:

AB380,50,23 757.99 Attorney fees. A judge or circuit or supplemental court commissioner against whom a petition alleging permanent disability is filed by the commission shall be reimbursed for reasonable attorney fees if the judge or circuit or supplemental court commissioner is found not to have a permanent disability. A judge or circuit or supplemental court commissioner against whom a formal complaint alleging misconduct is filed by the commission and who is found not to have engaged in misconduct may be reimbursed for reasonable attorney fees. Any judge or circuit or supplemental court commissioner seeking recovery of attorney fees authorized or required under this section shall file a claim with the claims board under s. 16.53.

AB380, s. 132 Section 132. 765.11 (1) of the statutes is amended to read:

AB380,51,19 765.11 (1) If any parent, grandparent, child, or natural guardian of a minor applicant for a marriage license, any brother, sister or guardian of either of the applicants for a marriage license, either of the applicants, the district attorney or the family a circuit court commissioner believes that the statements of the application are false or insufficient, or that the applicants or either of them are incompetent to marry, that person may file with the court having probate jurisdiction in the county in which the marriage license is applied for, a petition under oath, setting forth the grounds of objection to the marriage and asking for an order requiring the parties making such application to show cause why the marriage license should not be refused. Whereupon, the court, if satisfied that the grounds of objection are prima facie valid, shall issue an order to show cause as aforesaid, returnable as the court directs, but not more than 14 days after the date of the order, which shall be served forthwith upon the applicants for the marriage license residing in the state, and upon the clerk before whom the application has been made, and shall operate as a stay upon the issuance of the marriage license until further ordered; if either or both of the applicants are nonresidents of the state the order shall be served forthwith upon the nonresident by publication of a class 1 notice, under ch. 985, in the county wherein the application is pending, and by mailing a copy thereof to the nonresident at the address contained in the application.

AB380, s. 133 Section 133. 765.11 (2) of the statutes is amended to read:

AB380,52,8 765.11 (2) If, upon hearing, the court finds that the statements in the application are wilfully false or insufficient, or that either or both of said parties are not competent in law to marry, the court shall make an order refusing the marriage license, and shall immediately report such matter to the district attorney. If said falseness or insufficiency is due merely to inadvertence, then the court shall permit the parties to amend the application so as to make the statements therein true and sufficient, and upon application being so amended, the marriage license shall be issued. If any party is unable to supply any of the information required in the application, the court may, if satisfied that such inability is not due to wilfulness or negligence, order the marriage license to be issued notwithstanding such insufficiency. The costs and disbursements of the proceedings under this section shall rest in the discretion of the court, but none shall be taxed against any district attorney or family circuit court commissioner acting in good faith.

AB380, s. 134 Section 134. 765.16 (5) of the statutes is amended to read:

AB380,52,12 765.16 (5) Any family court commissioner appointed under s. 767.13 or circuit court commissioner appointed under SCR 75.02 (1) or supplemental court commissioner appointed under s. 757.68 757.675 (1).

AB380, s. 135 Section 135. 767.045 (1) (c) (intro.) of the statutes is amended to read:

AB380,52,20 767.045 (1) (c) (intro.) The attorney responsible for support enforcement under s. 59.53 (6) (a) may request that the court or family a circuit court commissioner appoint a guardian ad litem to bring an action or motion on behalf of a minor who is a nonmarital child whose paternity has not been acknowledged under s. 767.62 (1) or a substantially similar law of another state or adjudicated for the purpose of determining the paternity of the child, and the court or family circuit court commissioner shall appoint a guardian ad litem, if any of the following applies:

AB380, s. 136 Section 136. 767.081 (title) of the statutes is amended to read:

AB380,52,22 767.081 (title) Information from the office of family court commissioner.

AB380, s. 137 Section 137. 767.081 (1) of the statutes is amended to read:

AB380,53,2 767.081 (1) Upon the filing of an action affecting the family, the office of family court commissioner shall inform the parties of any services, including referral services, offered by the office of family court commissioner and by the director of family court counseling services under s. 767.11.

AB380, s. 138 Section 138. 767.081 (2) (a) (intro.) of the statutes is amended to read:

AB380,53,6 767.081 (2) (a) (intro.) The family A circuit court commissioner shall, with or without charge, provide the party with written information on the following, as appropriate to the action commenced:

AB380, s. 139 Section 139. 767.081 (2) (b) of the statutes is amended to read:

AB380,53,10 767.081 (2) (b) The family A circuit court commissioner shall provide a party, for inspection or purchase, with a copy of the statutory provisions in this chapter generally pertinent to the action.

AB380, s. 140 Section 140. 767.083 (2) of the statutes is amended to read:

AB380,53,16 767.083 (2) An order by the court, after consideration of the recommendation of the family a circuit court commissioner, directing an immediate hearing on the petition for the protection of the health or safety of either of the parties or of any child of the marriage or for other emergency reasons consistent with the policies of this chapter. The court shall upon granting such order specify the grounds therefor.

AB380, s. 141 Section 141. 767.085 (1) (i) of the statutes is amended to read:

AB380,53,24 767.085 (1) (i) If the action is one under s. 767.02 (1) (a), (b), (c), (d), (h) or (i), that during the pendency of the action, without the consent of the other party or an order of the court or family a circuit court commissioner, the parties are prohibited from, and may be held in contempt of court for, encumbering, concealing, damaging, destroying, transferring or otherwise disposing of property owned by either or both of the parties, except in the usual course of business, in order to secure necessities or in order to pay reasonable costs and expenses of the action, including attorney fees.

AB380, s. 142 Section 142. 767.085 (1) (j) (intro.) of the statutes is amended to read:

AB380,54,4 767.085 (1) (j) (intro.) Unless the action is one under s. 767.02 (1) (g) or (h), that during the pendency of the action, the parties are prohibited from, and may be held in contempt of court for, doing any of the following without the consent of the other party or an order of the court or family a circuit court commissioner:

AB380, s. 143 Section 143. 767.085 (3) of the statutes is amended to read:

AB380,54,12 767.085 (3) Service. If only one party initiates the action, the other shall be served under ch. 801 and may serve a response or counterclaim within 20 days after the date of service, except that questions of jurisdiction may be raised at any time prior to judgment. Service shall be made upon the petitioner and upon the family circuit court commissioner as provided in s. 767.14, and the original copy of the response shall be filed in court. If the parties together initiate the action with a joint petition, service of summons is not required.

AB380, s. 144 Section 144. 767.087 (1) (b) of the statutes is amended to read:

AB380,54,19 767.087 (1) (b) If the action is one under s. 767.02 (1) (a), (b), (c), (d), (h) or (i), encumbering, concealing, damaging, destroying, transferring or otherwise disposing of property owned by either or both of the parties, without the consent of the other party or an order of the court or family a circuit court commissioner, except in the usual course of business, in order to secure necessities or in order to pay reasonable costs and expenses of the action, including attorney fees.

AB380, s. 145 Section 145. 767.087 (1) (c) of the statutes is amended to read:

AB380,55,2 767.087 (1) (c) Unless the action is one under s. 767.02 (1) (g) or (h), without the consent of the other party or an order of the court or family a circuit court commissioner, establishing a residence with a minor child of the parties outside the state or more than 150 miles from the residence of the other party within the state, removing a minor child of the parties from the state for more than 90 consecutive days or concealing a minor child of the parties from the other party.

AB380, s. 146 Section 146. 767.087 (2) of the statutes is amended to read:

AB380,55,6 767.087 (2) The prohibitions under sub. (1) shall apply until the action is dismissed, until a final judgment in the action is entered or until the court or family a circuit court commissioner orders otherwise.

AB380, s. 147 Section 147. 767.11 (1) (c) of the statutes is amended to read:

AB380,55,9 767.11 (1) (c) A county or counties may designate a the supervisor of the office of family court commissioner as the director under par. (a) or (b).

AB380, s. 148 Section 148. 767.11 (5) (a) of the statutes is amended to read:

AB380,55,19 767.11 (5) (a) In any action affecting the family, including a revision of judgment or order under s. 767.32 or 767.325, in which it appears that legal custody or physical placement is contested, the court or family circuit court commissioner shall refer the parties to the director of family court counseling services for possible mediation of those contested issues. The court or the family circuit court commissioner shall inform the parties that the confidentiality of communications in mediation is waived if the parties stipulate under sub. (14) (c) that the person who provided mediation to the parties may also conduct the legal custody or physical placement study under sub. (14).

AB380, s. 149 Section 149. 767.11 (5) (b) of the statutes is amended to read:

AB380,55,25 767.11 (5) (b) If both parties to any action affecting the family wish to have joint legal custody of a child, either party may request that the court or family circuit court commissioner to refer the parties to the director of family court counseling services for assistance in resolving any problem relating to joint legal custody and physical placement of the child. Upon request, the court shall so refer the parties.

AB380, s. 150 Section 150. 767.11 (5) (c) of the statutes is amended to read:

AB380,56,7 767.11 (5) (c) A person who is awarded periods of physical placement, a child of such a person, a person with visitation rights or a person with physical custody of a child may notify the family a circuit court commissioner of any problem he or she has relating to any of these matters. Upon notification, the family circuit court commissioner may refer any person involved in the matter to the director of family court counseling services for assistance in resolving the problem.

AB380, s. 151 Section 151. 767.11 (6) of the statutes is amended to read:

AB380,56,16 767.11 (6) Action upon referral. Whenever a court or family circuit court commissioner refers a party to the director of family court counseling services for possible mediation, the director shall assign a mediator to the case. The mediator shall provide mediation if he or she determines it is appropriate. If the mediator determines mediation is not appropriate, he or she shall so notify the court. Whenever a court or family circuit court commissioner refers a party to the director of family court counseling services for any other family court counseling service, the director shall take appropriate action to provide the service.

AB380, s. 152 Section 152. 767.11 (7) of the statutes is amended to read:

AB380,56,23 767.11 (7) Private mediator. The parties to any action affecting the family may, at their own expense, receive mediation services from a mediator other than one who provides services under sub. (3). Parties who receive services from such a mediator shall sign and file with the director of family court counseling services and with the court or family circuit court commissioner a written notice stating the mediator's name and the date of the first meeting with the mediator.

AB380, s. 153 Section 153. 767.11 (13) of the statutes is amended to read:

AB380,57,4 767.11 (13) Powers of court or family circuit court commissioner. Except as provided in sub. (8), referring parties to mediation under this section does not affect the power of the court or family a circuit court commissioner to make any necessary order relating to the parties during the course of the mediation.