AB380: Bill Text

AB380,40,14 757.69 (title) Powers and duties of circuit court commissioners.

AB380, s. 90 Section 90. 757.69 (1) (intro.) of the statutes is repealed and recreated to read:

AB380,40,16 757.69 (1) (intro.) A circuit court commissioner may:

AB380, s. 91 Section 91. 757.69 (1) (b) of the statutes is amended to read:

AB380,41,5 757.69 (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.

AB380, s. 92 Section 92. 757.69 (1) (g) of the statutes is renumbered 757.69 (1) (g) (intro.) and amended to read:

AB380,41,10 757.69 (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:

AB380,41,11 1. Issue summonses and warrants, order .

AB380,41,13 2. Order the release or detention of children or expectant mothers of unborn children taken into custody, conduct.

AB380,41,14 3. Conduct detention and shelter care hearings, conduct.

AB380,41,15 4. Conduct preliminary appearances, conduct.

AB380,41,17 5. Conduct uncontested proceedings under ss. s. 48.13, 48.133, 938.12, 938.13 and or 938.18, enter .

AB380,41,18 6. Enter into consent decrees and exercise.

AB380,42,4 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.

AB380, s. 93 Section 93. 757.69 (1) (g) 8. to 13. of the statutes are created to read:

AB380,42,7 757.69 (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.

AB380,42,9 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.

AB380,42,10 10. Conduct plea hearings.

AB380,42,11 11. Conduct prehearing conferences.

AB380,42,12 12. Issue orders requiring compliance with deferred prosecution agreements.

AB380,42,13 13. Conduct all proceedings on petitions or citations under s. 938.125.

AB380, s. 94 Section 94. 757.69 (1) (j) of the statutes is amended to read:

AB380,42,16 757.69 (1) (j) Hold hearings, make findings and issue temporary restraining orders under s. 813.122 or 813.123.

AB380, s. 95 Section 95. 757.69 (1) (k) of the statutes is repealed and recreated to read:

AB380,42,20 757.69 (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.

AB380, s. 96 Section 96. 757.69 (1) (m) of the statutes is amended to read:

AB380,42,23 757.69 (1) (m) Hold hearings, make findings and issue temporary restraining orders and injunctions under s. 813.12 or 813.125.

AB380, s. 97 Section 97. 757.69 (1m) of the statutes is created to read:

AB380,43,4 757.69 (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:

AB380,43,6 (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.

AB380,43,9 (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.

AB380,43,10 (c) Conduct hearings for the termination of parental rights or for adoptions.

AB380,43,14 (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.

AB380,43,16 (e) Conduct hearings, make findings or issue orders in proceedings under s. 48.977 or 48.978.

AB380,43,18 (f) Conduct waiver hearings under s. 938.18, except as provided in sub. (1) (g) 5.

AB380,43,19 (g) Make any dispositional order under s. 938.34 (4d), (4h) or (4m).

AB380, s. 98 Section 98. 757.69 (2) (intro.) of the statutes is amended to read:

AB380,43,22 757.69 (2) (intro.) A judge may refer to a circuit court commissioner appointed under s. 48.065, 757.68, 757.72, 767.13 or 938.065 cases in which:

AB380, s. 99 Section 99. 757.69 (2) (a) of the statutes is amended to read:

AB380,44,3 757.69 (2) (a) The trial of an issue of fact requires the examination of an account, in which case the circuit court commissioner may be directed to report upon any specific question of fact involved therein.

AB380, s. 100 Section 100. 757.69 (2m) of the statutes is created to read:

AB380,44,6 757.69 (2m) Circuit court commissioners may exercise, under their own authority, all of the powers listed under s. 757.675 (2) to (5).

AB380, s. 101 Section 101. 757.69 (3) of the statutes is renumbered 757.675 (2), and 757.675 (2) (intro.) and (g), as renumbered, are amended to read:

AB380,44,10 757.675 (2) (intro.) Court Supplemental court commissioners appointed under s. 48.065, 757.68, 757.72, 767.13 or 938.065 may, under their own authority:

AB380,44,13 (g) Except as provided in s. 767.13 (5) (c) 757.69 (1) (p) 3., conduct a paternity proceeding according to the procedures set out in ch. 767 whenever a circuit court commissioner is specifically authorized to do so.

AB380, s. 102 Section 102. 757.69 (4) and (5) of the statutes are renumbered 757.675 (3) and (4) and amended to read:

AB380,44,18 757.675 (3) In addition to the duties expressly set forth in sub. (3) (2) (a) to (e) (i), a supplemental court commissioner may perform other ministerial duties as required by a court.

AB380,44,20 (4) A supplemental court commissioner may transfer to a court any matter in which it appears that justice would be better served by such a transfer.

AB380, s. 103 Section 103. 757.69 (6) of the statutes is repealed.

AB380, s. 104 Section 104. 757.69 (7) of the statutes is renumbered 757.675 (5) and amended to read:

AB380,45,3 757.675 (5) A supplemental court commissioner shall refer to a court of record for appropriate action every alleged showing of contempt in the carrying out of the lawful decisions of the supplemental court commissioner.

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: