AB380, s. 90
15Section
90. 757.69 (1) (intro.) of the statutes is repealed and recreated to read:
AB380,40,1616
757.69
(1) (intro.) A circuit court commissioner may:
AB380, s. 91
17Section
91. 757.69 (1) (b) of the statutes is amended to read:
AB380,41,518
757.69
(1) (b) In criminal matters issue summonses, arrest warrants or search
19warrants
and, determine probable cause to support a warrantless arrest, conduct
20initial appearances of persons arrested
and, set bail
to the same extent as a judge.
21At the initial appearance, the court commissioner shall, when necessary, inform the
22defendant in accordance with s. 970.02 (1)
. If the defendant appears or claims to be
23unable to afford counsel, the court commissioner, in accordance with s. 970.02 (6),
24may and refer the person to the authority for indigency determinations specified
25under s. 977.07 (1).
If the court commissioner is a full-time A circuit court
1commissioner
, he or she employed on a full-time basis may conduct the preliminary
2examination and arraignment
to the same extent as a judge and, with the consent
3of both the state and the defendant,
may accept a guilty plea. If a court refers a
4disputed restitution issue under s. 973.20 (13) (c) 4., the
circuit court commissioner
5shall conduct the hearing on the matter in accordance with s. 973.20 (13) (c) 4.
AB380, s. 92
6Section
92. 757.69 (1) (g) of the statutes is renumbered 757.69 (1) (g) (intro.)
7and amended to read:
AB380,41,108
757.69
(1) (g) (intro.) When assigned to
the assist a court
assigned jurisdiction
9under chs. 48 and 938, a court commissioner may, under ch. 48 or 938, issue in
10juvenile matters:
AB380,41,11
111. Issue summonses and warrants
, order
.
AB380,41,13
122. Order the release or detention of children or expectant mothers of unborn
13children taken into custody
, conduct.
AB380,41,14
143. Conduct detention and shelter care hearings
, conduct.
AB380,41,15
154. Conduct preliminary appearances
, conduct.
AB380,41,17
165. Conduct uncontested proceedings under
ss. s. 48.13, 48.133, 938.12, 938.13
17and or 938.18
, enter
.
AB380,41,18
186. Enter into consent decrees
and exercise.
AB380,42,4
197. Exercise the powers and perform the duties specified in par. (j) or (m),
20whichever is applicable, in proceedings under s. 813.122 or 813.125 in which the
21respondent is a child.
Contested waiver hearings under s. 938.18 and dispositional
22hearings under ss. 48.335 and 938.335 shall be conducted by a judge. When acting
23in an official capacity and assigned to the children's court center, a court
24commissioner shall sit at the children's court center or such other facility designated
25by the chief judge. Any decision by the commissioner shall be reviewed by the judge
1of the branch of court to which the case has been assigned, upon motion of any party.
2Any determination, order or ruling by the commissioner may be certified to the
3branch of court to which such case has been assigned upon a motion of any party for
4a hearing de novo.
AB380, s. 93
5Section
93. 757.69 (1) (g) 8. to 13. of the statutes are created to read:
AB380,42,76
757.69
(1) (g) 8. Conduct hearings under s. 48.21 or 938.21 and thereafter order
7a child or juvenile held in or released from custody.
AB380,42,98
9. Conduct hearings under s. 48.213 and thereafter order an adult expectant
9mother of an unborn child to be held in or released from custody.
AB380,42,1010
10. Conduct plea hearings.
AB380,42,1111
11. Conduct prehearing conferences.
AB380,42,1212
12. Issue orders requiring compliance with deferred prosecution agreements.
AB380,42,1313
13. Conduct all proceedings on petitions or citations under s. 938.125.
AB380, s. 94
14Section
94. 757.69 (1) (j) of the statutes is amended to read:
AB380,42,1615
757.69
(1) (j) Hold hearings, make findings and issue temporary restraining
16orders under s. 813.122
or 813.123.
AB380, s. 95
17Section
95. 757.69 (1) (k) of the statutes is repealed and recreated to read:
AB380,42,2018
757.69
(1) (k) Administer oaths, take, certify and report depositions and
19testimony, take and certify acknowledgments, allow accounts and fix the amount and
20approve the sufficiency of bonds.
AB380, s. 96
21Section
96. 757.69 (1) (m) of the statutes is amended to read:
AB380,42,2322
757.69
(1) (m) Hold hearings, make findings and issue
temporary restraining 23orders
and injunctions under s.
813.12 or 813.125.
AB380, s. 97
24Section
97. 757.69 (1m) of the statutes is created to read:
AB380,43,4
1757.69
(1m) Circuit court commissioners assigned to assist a court in juvenile
2matters shall sit at the children's court center, the usual court facility for juvenile
3matters or such other facility designated by the chief judge of the judicial
4administrative district. Those commissioners may not do any of the following:
AB380,43,65
(a) Conduct fact-finding or dispositional hearings except on petitions or
6citations under s. 938.125 and except as provided in sub. (1) (g) 5.
AB380,43,97
(b) Make dispositions other than approving consent decrees, ordering
8compliance with deferred prosecution agreements and ordering dispositions in
9uncontested proceedings under s. 48.13, 48.133, 938.12 or 938.13.
AB380,43,1010
(c) Conduct hearings for the termination of parental rights or for adoptions.
AB380,43,1411
(d) Make changes in placements of children, of juveniles or of the expectant
12mothers of unborn children, or revisions or extensions of dispositional orders, except
13pursuant to petitions or citations under s. 938.125 and in uncontested proceedings
14under s. 48.13, 48.133, 938.12 or 938.13.
AB380,43,1615
(e) Conduct hearings, make findings or issue orders in proceedings under s.
1648.977 or 48.978.
AB380,43,1817
(f) Conduct waiver hearings under s. 938.18, except as provided in sub. (1) (g)
185.
AB380,43,1919
(g) Make any dispositional order under s. 938.34 (4d), (4h) or (4m).
AB380, s. 98
20Section
98. 757.69 (2) (intro.) of the statutes is amended to read:
AB380,43,2221
757.69
(2) (intro.) A judge may refer to a
circuit court commissioner
appointed
22under s. 48.065, 757.68, 757.72, 767.13 or 938.065 cases in which:
AB380, s. 99
23Section
99. 757.69 (2) (a) of the statutes is amended to read:
AB380,44,3
1757.69
(2) (a) The trial of an issue of fact requires the examination of an
2account, in which case the
circuit court commissioner may be directed to report upon
3any specific question of fact involved therein.
AB380, s. 100
4Section
100. 757.69 (2m) of the statutes is created to read:
AB380,44,65
757.69
(2m) Circuit court commissioners may exercise, under their own
6authority, all of the powers listed under s. 757.675 (2) to (5).
AB380, s. 101
7Section
101. 757.69 (3) of the statutes is renumbered 757.675 (2), and 757.675
8(2) (intro.) and (g), as renumbered, are amended to read:
AB380,44,109
757.675
(2) (intro.)
Court Supplemental court commissioners
appointed under
10s. 48.065, 757.68, 757.72, 767.13 or 938.065 may
, under their own authority:
AB380,44,1311
(g) Except as provided in s.
767.13 (5) (c) 757.69 (1) (p) 3., conduct a paternity
12proceeding according to the procedures set out in ch. 767 whenever a
circuit court
13commissioner is specifically authorized to do so.
AB380, s. 102
14Section
102. 757.69 (4) and (5) of the statutes are renumbered 757.675 (3) and
15(4) and amended to read:
AB380,44,1816
757.675
(3) In addition to the duties expressly set forth in sub.
(3) (2) (a) to
(e) 17(i), a
supplemental court commissioner may perform other ministerial duties as
18required by a court.
AB380,44,20
19(4) A
supplemental court commissioner may transfer to a court any matter in
20which it appears that justice would be better served by such a transfer.
AB380, s. 103
21Section
103. 757.69 (6) of the statutes is repealed.
AB380, s. 104
22Section
104. 757.69 (7) of the statutes is renumbered 757.675 (5) and amended
23to read:
AB380,45,3
1757.675
(5) A
supplemental court commissioner shall refer to a court of record
2for appropriate action every alleged showing of contempt in the carrying out of the
3lawful decisions of the
supplemental court commissioner.
AB380, s. 105
4Section
105. 757.69 (8) of the statutes is created to read:
AB380,45,95
757.69
(8) Any decision of a circuit court commissioner shall be reviewed by the
6judge of the branch of court to which the case has been assigned, upon motion of any
7party. Any determination, order or ruling by a circuit court commissioner may be
8certified to the branch of court to which the case has been assigned, upon a motion
9of any party for a hearing de novo.
AB380, s. 106
10Section
106. 757.695 of the statutes is repealed.
AB380, s. 107
11Section
107. 757.70 (2) of the statutes is amended to read:
AB380,45,1612
757.70
(2) All hearings before a
circuit or supplemental court commissioner
13shall be held in the county courthouse or other court facilities provided by law. This
14provision does not apply to nontestimonial proceedings, supplementary hearings on
15the present financial status of a debtor under s.
757.69 (3) 757.675 (2) (h) or
16depositions taken before a
circuit or supplemental court commissioner.
AB380, s. 108
17Section
108. 757.72 (title) of the statutes is repealed.
AB380, s. 109
18Section
109. 757.72 (1) of the statutes is renumbered 757.68 (4m) and
19amended to read:
AB380,46,520
757.68
(4m) In counties having a population of 500,000 or more, there is
21created in the classified civil service
a circuit court commissioner position to
22supervise the office of probate court commissioner
and to assist the court in probate
23matters. In counties having a population of at least 100,000 but not more than
24500,000, the county board may create
a circuit court commissioner position to
25supervise the office of probate court commissioner
which and to assist in probate
1matters. That position may be in the classified civil service.
If the chief judge
2delegates that authority to a judge assigned to probate jurisdiction, that judge may
3assign to the circuit court commissioner any matters over which the judge has
4jurisdiction, and the circuit court commissioner may determine such matters and
5may sign any order or certificate required by that determination.
AB380, s. 110
6Section
110. 757.72 (2) of the statutes is repealed.
AB380, s. 111
7Section
111. 757.72 (3) of the statutes is repealed.
AB380, s. 112
8Section
112. 757.72 (4) of the statutes is repealed.
AB380, s. 113
9Section
113. 757.72 (5) of the statutes is renumbered 851.73 (1) (g) and
10amended to read:
AB380,46,1311
851.73
(1) (g)
The register in probate of a county shall Shall have the duties and
12powers of a
circuit court commissioner
assigned to assist in probate matters and shall
13act in that capacity when designated to do so by a judge assigned probate jurisdiction.
AB380, s. 114
14Section
114. 757.72 (6) of the statutes is repealed.
AB380, s. 115
15Section
115. 757.72 (7) of the statutes is repealed.
AB380, s. 116
16Section
116. 757.72 (8) of the statutes is repealed.
AB380, s. 117
17Section
117. 757.81 (2) of the statutes is repealed.
AB380, s. 118
18Section
118. 757.81 (6) of the statutes is amended to read:
AB380,46,2219
757.81
(6) "Permanent disability" means a physical or mental incapacity which
20impairs the ability of a judge or
circuit or supplemental court commissioner to
21substantially perform the duties of his or her judicial office and which is or is likely
22to be of a permanent or continuing nature.
AB380, s. 119
23Section
119. 757.85 (1) (a) of the statutes is amended to read:
AB380,47,524
757.85
(1) (a) The commission shall investigate any possible misconduct or
25permanent disability of a judge or
circuit or supplemental court commissioner.
1Misconduct constitutes cause under article VII, section 11, of the constitution.
2Except as provided in par. (b), judges,
circuit or supplemental court commissioners,
3clerks, court reporters, court employes and attorneys shall comply with requests by
4the commission for information, documents and other materials relating to an
5investigation under this section.
AB380, s. 120
6Section
120. 757.85 (1) (b) of the statutes is amended to read:
AB380,47,97
757.85
(1) (b) The judge or
circuit or supplemental court commissioner who is
8under investigation is not subject to the request procedure under par. (a) but is
9subject to the subpoena procedure under sub. (2).
AB380, s. 121
10Section
121. 757.85 (3) of the statutes is amended to read:
AB380,47,1811
757.85
(3) The commission may notify a judge or
circuit or supplemental court
12commissioner that the commission is investigating possible misconduct by or
13permanent disability of the judge or
circuit or supplemental court commissioner.
14Before finding probable cause, the commission shall notify the judge or
circuit or
15supplemental court commissioner of the substance of the complaint or petition and
16afford the judge or
circuit or supplemental court commissioner a reasonable
17opportunity to respond. If the judge or
circuit or supplemental court commissioner
18responds, the commission shall consider the response before it finds probable cause.
AB380, s. 122
19Section
122. 757.85 (4) of the statutes is amended to read:
AB380,47,2220
757.85
(4) The commission may require a judge or
circuit or supplemental court
21commissioner who is under investigation for permanent disability to submit to a
22medical examination arranged by the commission.
AB380, s. 123
23Section
123. 757.85 (5) of the statutes is amended to read:
AB380,48,524
757.85
(5) The commission shall, upon a finding of probable cause that a judge
25or
circuit or supplemental court commissioner has engaged or is engaging in
1misconduct, file a formal complaint with the supreme court. Upon a finding of
2probable cause that a judge or
circuit or supplemental court commissioner has a
3permanent disability, the commission shall file a petition with the supreme court.
4If the commission requests a jury under s. 757.87 (1), the request shall be attached
5to the formal complaint or the petition.
AB380, s. 124
6Section
124. 757.87 (1) of the statutes is amended to read:
AB380,48,157
757.87
(1) After the commission has found probable cause that a judge or
8circuit or supplemental court commissioner has engaged in misconduct or has a
9permanent disability, and before the commission files a formal complaint or a
10petition under s. 757.85 (5), the commission may, by a majority of its total
11membership not disqualified from voting, request a jury hearing. If a jury is not
12requested, the matter shall be heard by a panel constituted under sub. (3). The vote
13of each member on the question of a jury request shall be recorded and shall be
14available for public inspection under s. 19.35 after the formal complaint or the
15petition is filed.
AB380, s. 125
16Section
125. 757.89 of the statutes is amended to read:
AB380,49,5
17757.89 Hearing. A record shall be kept of any hearing on a formal complaint
18or a petition. The allegations of the complaint or petition must be proven to a
19reasonable certainty by evidence that is clear, satisfactory and convincing. The
20hearing shall be held in the county where the judge or
circuit or supplemental court
21commissioner resides unless the presiding judge changes venue for cause shown or
22unless the parties otherwise agree. If the hearing is by a panel, the panel shall make
23findings of fact, conclusions of law and recommendations regarding appropriate
24discipline for misconduct or appropriate action for permanent disability and file the
25findings, conclusions and recommendations with the supreme court. If a jury
1hearing is requested under s. 757.87 (1), the presiding judge shall instruct the jury
2regarding the law applicable to judicial misconduct or permanent disability, as
3appropriate. The presiding judge shall file the jury verdict and his or her
4recommendations regarding appropriate discipline for misconduct or appropriate
5action for permanent disability with the supreme court.
AB380, s. 126
6Section
126. 757.93 (1) (a) of the statutes is amended to read:
AB380,49,127
757.93
(1) (a) All proceedings under ss. 757.81 to 757.99 relating to misconduct
8or permanent disability prior to the filing of a petition or formal complaint by the
9commission are confidential unless a judge or
circuit or supplemental court
10commissioner waives the right to confidentiality in writing to the commission. Any
11such waiver does not affect the confidentiality of the identity of a person providing
12information under par. (b).
AB380, s. 127
13Section
127. 757.93 (1) (b) of the statutes is amended to read:
AB380,49,1814
757.93
(1) (b) Any person who provides information to the commission
15concerning possible misconduct or permanent disability may request that the
16commission not disclose his or her identity to the judge or
circuit or supplemental 17court commissioner prior to the filing of a petition or a formal complaint by the
18commission.
AB380, s. 128
19Section
128. 757.93 (2) of the statutes is amended to read:
AB380,50,220
757.93
(2) If prior to the filing of a formal complaint or a petition an
21investigation of possible misconduct or permanent disability becomes known to the
22public, the commission may issue statements in order to confirm the pendency of the
23investigation, to clarify the procedural aspects of the disciplinary proceedings, to
24explain the right of the judge or
circuit or supplemental court commissioner to a fair
25hearing without prejudgment, to state that the judge or
circuit or supplemental court
1commissioner denies the allegations, to state that an investigation has been
2completed and no probable cause was found or to correct public misinformation.