AB354: Bill Text

AB354,37,11 757.001 Definitions. In this chapter:

AB354,37,14 (1) "Circuit court commissioner" means a person appointed under SCR 75.02 (1) and a supplemental court commissioner authorized under SCR 75.02 (3) to the limited extent of that authorization.

AB354,37,16 (2) "Supplemental court commissioner" means a person appointed under s. 757.675 (1).

AB354, s. 79 Section 79. 757.01 (4) of the statutes is created to read:

AB354,37,19 757.01 (4) To exercise any of the powers and duties of a circuit court commissioner.

AB354, s. 80 Section 80. 757.23 of the statutes is amended to read:

AB354,38,6 757.23 Court commissioner, when disqualified. A municipal court commissioner, a, circuit, or supplemental court commissioner, or any judge acting as a court commissioner, shall not act or take part in the decision of, or make any order in any matter or proceeding in which he or she is a party, or in which his or her rights would be in any manner affected by his or her decision or order thereon, or in which he or she is interested, or in which his or her law partner, or any person connected with him or her as employer, employee or clerk, or in the law business in any manner, shall be interested or appear as a party, agent, attorney or counsel. Any municipal court commissioner, circuit, or supplemental court commissioner or judge, acting as a court commissioner, violating this section shall forfeit $25 for each violation, and shall also be subject to removal from office.

AB354, s. 81 Section 81. 757.24 of the statutes is amended to read:

AB354,38,13 757.24 Liability of judicial officers. Circuit judges and circuit and supplemental court commissioners shall be held personally liable to any party injured for any wilfull willful violation of the law in granting injunctions and appointing receivers, or for refusing to hear motions to dissolve injunctions and to discharge receivers if the motions are made in accordance with law or such rules as are promulgated by the supreme court.

AB354, s. 82 Section 82. 757.30 (2) of the statutes is amended to read:

AB354,38,22 757.30 (2) Every person who appears as agent, representative or attorney, for or on behalf of any other person, or any firm, partnership, association or corporation in any action or proceeding in or before any court of record, circuit or supplemental court commissioner, or judicial tribunal of the United States, or of any state, or who otherwise, in or out of court, for compensation or pecuniary reward gives professional legal advice not incidental to his or her usual or ordinary business, or renders any legal service for any other person, or any firm, partnership, association or corporation, shall be deemed to be practicing law within the meaning of this section.

AB354, s. 83 Section 83. 757.675 (title) of the statutes is created to read:

AB354,38,24 757.675 (title) Supplemental court commissioners.

AB354, s. 84 Section 84. 757.68 (title) of the statutes is amended to read:

AB354,39,1 757.68 (title) Court Circuit court commissioners.

AB354, s. 85 Section 85. 757.68 (1) of the statutes is repealed and recreated to read:

AB354,39,15 757.68 (1) Subject to subs. (2m) to (5m), in every county organized for judicial purposes, the county board shall establish the number of circuit court commissioner positions necessary for the efficient administration of judicial business within the circuit courts of the county. The circuit court commissioners may be employed on a full-time or part-time basis. Chapter 75 of the supreme court rules shall govern the qualifications for, and appointment, supervision, training, evaluation, and discipline of, circuit court commissioners. Any person qualified and acting as a judicial court commissioner on August 1, 1978, shall be considered a circuit court commissioner and shall continue in the classified county civil service but any person appointed as a court commissioner after August 1, 1978, shall be in the unclassified civil service. Each circuit court commissioner shall take and file the official oath in the office of the clerk of the circuit court of the county for which appointed before performing any duty of the office.

AB354, s. 86 Section 86. 757.68 (2) (title) of the statutes is repealed.

AB354, s. 87 Section 87. 757.68 (2) of the statutes is renumbered 757.675 (1) and amended to read:

AB354,40,13 757.675 (1) In each county the circuit judges shall appoint such number of part-time supplemental court commissioners as the proper transaction of business requires subject to the following exception:, except that in counties having a population of 200,000 or more each judge may appoint not more than 2 such supplemental court commissioners and in counties having a population of less than 200,000 each judge shall, as nearly as possible, appoint an equal number of supplemental court commissioners within the county. In all counties the appointments shall be subject to the approval of a majority of the circuit judges for the county. Appointments shall be in writing and shall be filed in the office of the clerk of the circuit court. All supplemental court commissioners appointed after May 16, 1978, other than official court reporters acting under s. 814.68 (1) (b) performing duties or exercising powers specified for court reporters, shall be attorneys licensed to practice in this state. The appointing judge may remove, at will and without cause, any supplemental court commissioner appointed by the judge or the judge's predecessor in office. Unless he or she is so removed, the term of each supplemental court commissioner shall continue until the expiration of the term of the appointing judge and until the successor of the commissioner is appointed and qualified. Each supplemental court commissioner shall take and file the official oath in the office of clerk of the circuit court of the county for which appointed before performing any duty of the office.

AB354, s. 88 Section 88. 757.68 (3), (4) and (5) (title) of the statutes are repealed.

AB354, s. 89 Section 89. 757.68 (5) of the statutes is renumbered 757.675 (6) and amended to read:

AB354,40,18 757.675 (6) Part-time Supplemental court commissioners appointed under sub. (2) (1) shall collect the fees prescribed in s. 814.68 (1).

AB354, s. 90 Section 90. 757.68 (5m) of the statutes is created to read:

AB354,40,25 757.68 (5m) In counties having a population of 500,000 or more, the county board shall establish at least one circuit court commissioner position on a full-time basis to assist in small claims matters under ch. 799. In counties having a population of less than 500,000, the county board may establish one or more circuit court commissioner positions on a part-time or full-time basis to assist in small claims matters under ch. 799.

AB354, s. 91 Section 91. 757.68 (6) of the statutes is created to read:

AB354,41,4 757.68 (6) The county board shall set the salary of persons appointed as circuit court commissioners. The county board shall furnish circuit court commissioners with necessary office space, furnishings, supplies, and services.

AB354, s. 92 Section 92. 757.68 (7) of the statutes is created to read:

AB354,41,9 757.68 (7) The chief judge of the judicial administrative district may assign law clerks, bailiffs, and deputies to a circuit court commissioner. The chief judge shall supervise those law clerks, bailiffs, and deputies assigned to the court, except that the chief judge may delegate that authority.

AB354, s. 93 Section 93. 757.69 (title) of the statutes is amended to read:

AB354,41,11 757.69 (title) Powers and duties of circuit court commissioners.

AB354, s. 94 Section 94. 757.69 (1) (intro.) of the statutes is repealed and recreated to read:

AB354,41,13 757.69 (1) (intro.) A circuit court commissioner may:

AB354, s. 95 Section 95. 757.69 (1) (b) of the statutes is amended to read:

AB354,42,2 757.69 (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.

AB354, s. 96 Section 96. 757.69 (1) (g) of the statutes is renumbered 757.69 (1) (g) (intro.) and amended to read:

AB354,42,7 757.69 (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:

AB354,42,8 1. Issue summonses and warrants, order .

AB354,42,10 2. Order the release or detention of children or expectant mothers of unborn children taken into custody, conduct.

AB354,42,11 3. Conduct detention and shelter care hearings, conduct.

AB354,42,12 4. Conduct preliminary appearances, conduct.

AB354,42,14 5. Conduct uncontested proceedings under ss. s. 48.13, 48.133, 938.12, 938.13 and, or 938.18, enter.

AB354,42,15 6. Enter into consent decrees and exercise.

AB354,43,2 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.

AB354, s. 97 Section 97. 757.69 (1) (g) 8. to 13. of the statutes are created to read:

AB354,43,5 757.69 (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.

AB354,43,7 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.

AB354,43,8 10. Conduct plea hearings.

AB354,43,9 11. Conduct prehearing conferences.

AB354,43,10 12. Issue orders requiring compliance with deferred prosecution agreements.

AB354,43,11 13. Conduct all proceedings on petitions or citations under s. 938.125.

AB354, s. 98 Section 98. 757.69 (1) (j) of the statutes is amended to read:

AB354,43,14 757.69 (1) (j) Hold hearings, make findings and issue temporary restraining orders under s. 813.122 or 813.123.

AB354, s. 99 Section 99. 757.69 (1) (k) of the statutes is repealed and recreated to read:

AB354,43,18 757.69 (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.

AB354, s. 100 Section 100. 757.69 (1) (m) of the statutes is amended to read:

AB354,43,21 757.69 (1) (m) Hold hearings, make findings, and issue temporary restraining orders and injunctions under s. 813.12 or 813.125.

AB354, s. 101 Section 101. 757.69 (1m) of the statutes is created to read:

AB354,44,2 757.69 (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:

AB354,44,4 (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.

AB354,44,7 (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.

AB354,44,8 (c) Conduct hearings for the termination of parental rights or for adoptions.

AB354,44,12 (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.

AB354,44,14 (e) Conduct hearings, make findings, or issue orders in proceedings under s. 48.977 or 48.978.

AB354,44,16 (f) Conduct waiver hearings under s. 938.18, except as provided in sub. (1) (g) 5.

AB354,44,17 (g) Make any dispositional order under s. 938.34 (4d), (4h), or (4m).

AB354, s. 102 Section 102. 757.69 (2) (intro.) of the statutes is amended to read:

AB354,44,20 757.69 (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:

AB354, s. 103 Section 103. 757.69 (2) (a) of the statutes is amended to read:

AB354,44,24 757.69 (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.

AB354, s. 104 Section 104. 757.69 (2m) of the statutes is created to read:

AB354,45,2 757.69 (2m) Circuit court commissioners may exercise, under their own authority, all of the powers listed under s. 757.675 (2) to (5).

AB354, s. 105 Section 105. 757.69 (3) of the statutes is renumbered 757.675 (2), and 757.675 (2) (intro.) and (g), as renumbered, are amended to read:

AB354,45,6 757.675 (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:

AB354,45,9 (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.

AB354, s. 106 Section 106. 757.69 (4) and (5) of the statutes are renumbered 757.675 (3) and (4) and amended to read:

AB354,45,14 757.675 (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.

AB354,45,16 (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.

AB354, s. 107 Section 107. 757.69 (6) of the statutes is repealed.

AB354, s. 108 Section 108. 757.69 (7) of the statutes is renumbered 757.675 (5) and amended to read:

AB354,45,22 757.675 (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.

AB354, s. 109 Section 109. 757.69 (8) of the statutes is created to read:

AB354,46,3 757.69 (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.

AB354, s. 110 Section 110. 757.695 of the statutes is repealed.

AB354, s. 111 Section 111. 757.70 (2) of the statutes is amended to read:

AB354,46,10 757.70 (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.

AB354, s. 112 Section 112. 757.72 (title) of the statutes is repealed.

AB354, s. 113 Section 113. 757.72 (1) of the statutes is renumbered 757.68 (4m) and amended to read:

AB354,46,24 757.68 (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.