756.04(1r)
(1r) The department shall transmit annually, on a date established by the secretary of transportation, to the clerk of circuit court of each county, at no charge, a department list of persons residing in that county. The department shall establish uniform specifications regarding the size, format and content of computer tapes or other media used to prepare the department list.
756.04(2)(a)(a) The jury commissioners shall annually provide for each court covered by
sub. (1g), unless the judge or judges of the county order more frequently, one countywide list of at least 200 names of persons to be drawn from the county to serve as petit jurors. The commissioners shall revise the list by striking from it the names of persons found by them to be ineligible for jury service, as provided in
s. 756.01, and add to the list the names of additional persons as provided in
s. 756.05. The list shall be certified by the commissioners as having been prepared in strict conformity with statutory requirements. The list shall also include a verified statement describing the manner in which the list was compiled or modified, including an enumeration of all public or private sources from which the names of the prospective jurors on the list were derived.
756.04(2)(am)1.1. The jury commissioners shall select randomly the names under
par. (a) from the department list or from a master list that is established under
subd. 2. and that consists of the department list and one or more other lists of county residents, including but not limited to the following:
756.04(2)(am)2.
2. If more than the department list is used, the jury commissioners shall select randomly a sample of names from each source used. The same percentage of names shall be selected from each source used. The department list shall be designated a primary source, and the names selected from that source shall be compared with the list of names from the 2nd source. Duplicate names shall be removed from the 2nd source sample and the remaining names shall be combined with the sample of names selected from the primary source to form the master list. If more than 2 source lists are used, this process shall be repeated, using the previously combined list for comparison with the new source list.
756.04(2)(b)1.1. The commissioners shall determine eligibility for jury service by mailing to every prospective juror on the list a juror qualification form accompanied by instructions to fill out and return the form to the commissioners within 10 days after its receipt. The form shall elicit the information specified under
s. 756.01, shall elicit the race of the prospective juror and shall contain a declaration that the responses are true to the best of the person's knowledge and an acknowledgment that upon a wilful misrepresentation of a material fact or failure to return the completed form within 10 days after its receipt the person may forfeit not more than $500. If the prospective juror is unable to fill out the form, another person may complete it and shall indicate that he or she has done so and the reason therefor. If it appears there is an omission, ambiguity or error in a returned form, the commissioners shall send the incomplete form back to the person with instructions to make the necessary addition, clarification or correction and to return the form to the commissioners within 10 days after its receipt.
756.04(2)(b)2.
2. Whoever wilfully misrepresents any material fact on a juror qualification form or fails to return the completed form within 10 days after its receipt may forfeit not more than $500.
756.04(2)(c)
(c) A certified copy of the list, containing the name and the address and occupation of each person named in the list, shall be furnished to the clerk of circuit court, to be kept by him or her for the use of the courts and for public inspection. The name of each person listed shall be written by a commissioner on separate cards of like weight, size and color and measuring not more than 1 by 3 inches. All cards shall be placed in separate opaque envelopes of like weight, size and color and only large enough to admit the cards. The commissioners shall provide a master tumbler into which all the cards shall be placed. The tumbler shall have only one opening, and shall be kept locked at all times, except when the list is being revised or when the jury panel is being drawn therefrom. The tumbler shall be kept secure by the clerk of circuit court against unauthorized entry therein.
756.04(2)(d)
(d) The commissioners shall furnish, upon periodic request of the sheriff, a current list of the names of persons available for jury duty in mental inquiries and reexaminations, inquests of the dead and for such other purposes as the sheriff is required by law to summon or select a jury.
756.04(3)
(3) At least once each year or more often if the clerk of circuit court so requests or the chief judge of the judicial administrative district so directs, the clerk, in the presence of at least 2 of the commissioners, if any, shall draw a sufficient number of names from the tumbler. The clerk shall rotate the tumbler before each name is drawn. The commissioners shall write the person's name, occupation and address in the order in which it was drawn, upon a panel list provided for that purpose, at the bottom of which the commissioners shall certify that the drawing was in accordance with law. In like manner, the clerk shall then draw a sufficient number of names of additional persons to be recorded upon a reserve-panel list. Persons shall be summoned in the order in which their names appear on the reserve-panel list in the event and to the extent that the regular panel is inadequate. When summoned, those persons become a part of the regular panel. The commissioners, if any, shall keep the regular and reserve-panel lists and furnish the clerk with a signed duplicate of those lists. If there are no commissioners, the clerk shall keep the regular and reserve-panel lists.
756.04(4)
(4) No advertisement of the drawing need be given, but the clerk shall fix the date of the drawing and give 5 days' notice thereof to the commissioners.
756.04(5)
(5) The names in the master tumbler shall be discarded each year prior to the introduction of new names under
sub. (2) (a).
756.04 Note
NOTE: 1991 Wis. Act 271, which affected this section, contains extensive legislative council notes.
756.04 Annotation
The Milwaukee system of separate jury panels is not improper in the absence of a showing of bias. McKissick v. State, 49 W (2d) 537, 182 NW (2d) 282.
756.04 Annotation
Defendants' contention that the jury panel had to have more black people on it to insure them an impartial trial has no validity, no claim being made of intentional elimination of blacks from the panel or discrimination against blacks in any way. Nelson v. State, 54 W (2d) 758, 196 NW (2d) 710.
756.04 Annotation
See note to Art. I, sec. 7, citing Wilson v. State, 59 W (2d) 269, 208 NW (2d) 134.
756.04 Annotation
Commissioner exceeded authority by striking potential jurors for reasons not provided in 756.01 (1), but no prejudice inured to parties involved. State v. Coble, 95 W (2d) 717, 291 NW (2d) 652 (Ct. App. 1980); aff'd 100 W (2d) 179, 301 NW (2d) 221 (1981).
756.04 Annotation
Sub. (3) does not require selection of new jury panel before every jury trial. "Specialized" panels upheld. In re Paternity of S.M.S. 129 W (2d) 310, 384 NW (2d) 709 (Ct. App. 1986).
756.041
756.041
Penalty upon clerk for fraud. If the clerk of any court shall be guilty of any fraud, either by practicing on a jury tumbler previously to a draft, or in drawing a juror, or in returning into the tumbler the name of any juror which had been lawfully drawn out, and drawing or substituting another in his or her place, or in any other way, or in the drawing of jurors, he or she shall forfeit for each offense not less than $50 nor more than $500.
756.041 History
History: 1977 c. 187 s.
95; Stats. 1977 s. 756.041.
756.05
756.05
Insufficient number of jurors. If after the expiration of the time prescribed for the drawing of petit jurors there is a partial or entire absence of jurors of the regular or reserve-panel or both, from any cause whatever, or if it becomes apparent to the court or the trial judge that the regular panel and the reserve-panel as drawn will not be sufficient to provide a jury for a particular cause to be tried, the court or judge may order the clerk, in his or her presence, to draw immediately from the tumbler a sufficient number of names, specifying the number, to fill the regular panel or a lesser or larger number as the public interest and the condition and character of the business requires. Whenever the list of names furnished any such court has been depleted the commissioners shall supply other names so that there will not be less than 150 names in the tumbler at the time any drawing of jurors takes place. The names shall be placed on cards as prescribed in
s. 756.04 (2) (c) and placed in the master tumbler.
756.05 History
History: 1977 c. 187 s.
95;
1977 c. 318,
447,
449; Stats. 1977 s. 756.05.
756.06
756.06
Bystanders, when called. When a sufficient number of jurors, so drawn and summoned, cannot be obtained for any trial the court may order persons qualified to serve as jurors to be returned from the bystanders for the trial thereof.
756.06 History
History: 1977 c. 187 s.
95; Stats. 1977 s. 756.06.
756.08
756.08
Jury summons, when and how issued. At least 12 days before the first day on which a jury is required to be present, the clerk shall summon the persons drawn as jurors to appear before the court at such time as is fixed by the presiding judge of the court, to serve as petit jurors. The summons may be served by mail or another method chosen by the clerk. When ordered to draw a grand jury, the clerk shall summon the persons so drawn as grand jurors to appear before the court at the time specified in the order. The summons may be served by mail or another method chosen by the clerk.
756.08 History
History: 1977 c. 187 s.
95;
1977 c. 318,
447,
449; Stats. 1977 s. 756.08.
756.095
756.095
Fine for official neglect in impaneling jury. When, by neglect of any of the duties required in this chapter to be performed by any of the officers or persons therein mentioned, the jurors to be returned shall not be duly drawn and summoned to attend the court, every person guilty of such neglect shall pay a fine not exceeding $20, to be imposed by the same court, into the treasury of the county in which the offense is committed.
756.095 History
History: 1977 c. 187 ss.
95,
135; Stats. 1977 s. 756.095.
756.096
756.096
Drawing of petit jury. 756.096(1)
(1) When jurors are drawn as provided in
s. 756.04 the clerk shall place in a tumbler only the names of the petit jurors who have been drawn and summoned according to law for service. The names shall be written upon separate cards and enclosed in opaque envelopes as required by
s. 756.04 (2) (c).
756.096(2)(a)(a) Except as provided in
par. (b), if a jury issue is to be tried the clerk shall, in the presence and under the direction of the court, openly draw out of the tumbler, one at a time, as many envelopes containing cards as are necessary to secure a jury. Before drawing each card the clerk shall close the tumbler and rotate it.
756.096(2)(b)
(b) If automated systems are being used under
s. 756.27, the names shall be selected in a random manner until the desired number is obtained.
756.096(3)(a)(a) A jury in felony cases shall consist of 12 persons unless both parties agree on a lesser number as provided in
s. 972.02.
756.096(3)(am)
(am) A jury in misdemeanor cases shall consist of 6 persons.
756.096(3)(b)1.1. Except as provided in
subd. 2., a jury in civil cases shall consist of 6 persons unless a party requests a greater number, not to exceed 12. The court, on its own motion may require a greater number, not to exceed 12.
756.096(3)(b)2.
2. A jury in cases involving an offense for which a forfeiture may be imposed shall consist of 6 persons.
756.096(3)(e)
(e) Notwithstanding
par. (b), a jury in a proceeding under
s. 48.13 shall consist of 6 persons and a jury in a proceeding under
s. 48.42 shall consist of 12 persons unless the parties agree to a lesser number.
756.096(4)
(4) Any person who is excused or whose name has been set aside regarding service with a jury shall be eligible for other jury service as soon as the jury is sworn.
756.096(5)
(5) If a jury issue is brought to trial while a jury is trying another cause, the court may order a jury for the trial of the former to be drawn out of the tumbler under
subs. (1) and
(2). In any other case all the cards containing the names of the petit jurors, returned at and attending, shall be placed in the tumbler before a jury is drawn.
756.096 History
History: Sup. Ct. Order, 67 W (2d) 585, 760 (1975);
1975 c. 218;
1977 c. 187 ss.
95,
135;
1977 c. 318;
1977 c. 418 s.
929 (8m);
1977 c. 447 s.
210;
1977 c. 449; Stats. 1977 s. 756.096;
1987 a. 389;
1995 a. 27,
275,
427.
756.096 Annotation
Court misused its discretion when it ordered an African-American to be placed in a jury array and voir dire panel when he had not been randomly selected. Oliver v. Heritage Mutual Ins. Co. 179 W (2d) 1, 505 NW (2d) 452 (Ct. App. 1993).
756.098(1)(a)(a) In every case and in all courts the jurors selected to try the issues in the action or proceeding, civil or criminal, shall be sworn; and the oath may be administered in substantially the following form: Do you and each of you swear (or affirm) that you will well and truly try the issue joined between .... , plaintiff, and .... , defendant, and, unless discharged by the court, a true verdict give, according to law and the evidence given in court, so help you God.
756.098(1)(b)
(b) The juror's assent to the oath may be manifested by the uplifted hand.
756.098(2)
(2) Oath of officer in charge of jury. When the issues have been submitted to the jury the jurors shall be under the charge of a proper officer subject to the direction of the court until they agree upon a verdict or are discharged by the court; the officer shall be sworn for that purpose and the following oath may be administered to the officer: You do swear that you will, to the utmost of your ability, keep all jurors sworn on this trial together in some private and convenient place, subject to the direction of the court, until they have agreed on their verdict or are discharged by the court, and that you will not, before they render their verdict, communicate to any person the state of their deliberations or the verdict they have agreed upon, so help you God.
756.098 History
History: Sup. Ct. Order, 67 W (2d) vii (1975);
1983 a. 192 ss.
255,
280,
281; Stats. 1983 s. 756.098;
1993 a. 486.
756.098 Annotation
Where the jury is sworn during the trial but prior to deliberations, a mistrial is not warranted in the absence of prejudice. State v. Block, 170 W (2d) 676, 489 NW (2d) 715 (Ct. App. 1992).
756.10(1)(1)
Selection of grand jury list. Any judge may in writing order the jury commissioners to select a grand jury list within a specified reasonable time. The commissioners shall select, as provided in
s. 756.04, the names of not less than 75 nor more than 150 persons to constitute such list. They shall notify the judge in writing within the time fixed in the order that they have complied therewith. They shall keep the list secret.
756.10(2)
(2) Selection of grand jury panel. The grand jury panel shall be selected in the manner prescribed for drawing the petit jury panel in
s. 756.04.
756.10(3)
(3) Examination of panel. At the time set for the panel to appear the judge shall and the district attorney or other prosecuting officer may examine the panel members under oath relative to their qualifications to serve as grand jurors and the judge shall excuse those who are disqualified or claim lawful exemptions, and may excuse others for any reason which seems proper to the judge.
756.10(4)
(4) Additional panel members. If after such examination less than 20 panel members remain, additional names shall be drawn, summoned and examined as aforesaid. The number so drawn shall be 3 times the difference between 20 and the number remaining on the panel. This method shall be continued until there are at least 20 qualified members on the panel.
756.10(5)
(5) Drawing grand jurors from panel. The jurors for a grand jury shall be drawn in the manner prescribed for drawing petit jurors in
s. 756.096. Seventeen names shall be drawn.
756.10(6)
(6) Time grand jurors to serve. Grand jurors shall serve for a period of 6 months and the judge may order them to serve for a 2nd period of 6 months but not any longer. The judge may discharge the grand jury at any time.
756.10(7)
(7) Orders filed with clerk. All orders mentioned in this section shall be filed with the clerk of court.
756.10(8)
(8) Intercounty racketeering and crime. When a grand jury is convened pursuant to this section to investigate unlawful activity under
s. 165.70, and such activity involves more than one county, including the county where the petition for such grand jury is filed, then if the attorney general approves, all expenses of such proceeding shall be charged to the appropriation under
s. 20.455 (1) (d).
756.10 Annotation
Claim of grand jury discrimination necessitates federal habeas corpus review. Rose v. Mitchell, 443 US 545 (1979).
756.10 Annotation
The grand jury in Wisconsin. Coffey, Richards, 58 MLR 518.
756.11
756.11
Oath of grand jurors. The judge shall administer the following oath to grand jurors before they begin performance of their duties: You, as grand jurors for the county of ...., do solemnly swear (or affirm, as the case may be) that you will diligently inquire as to all matters and things which come before this grand jury; that you will keep all matters which come before this grand jury secret; that you will indict no person for envy, hatred or malice, neither will you leave any person unindicted for love, fear, favor, affection or hope of reward; and that you will indict truly, according to the best of your understanding; so help you God. The clerk of court shall deliver forthwith to each grand juror a copy of such oath.
756.11 History
History: 1975 c. 94 s.
91 (12);
1977 c. 187 s.
95; Stats. 1977 s. 756.11.
756.12
756.12
Foreman and clerk. The grand jury shall select from their number a foreman and a clerk. The clerk shall preserve the minutes of the proceedings before them and all exhibits.
756.12 History
History: 1977 c. 187 s.
95; Stats. 1977 s. 756.12.
756.13
756.13
Reporter; oath; salary; assistant. 756.13(1)
(1) Every grand jury shall when ordered by the judge ordering such grand jury, employ one or more competent reporters to attend their sessions and to make and transcribe a verbatim record of all proceedings had before them.
756.13(2)
(2) Before assuming the duties prescribed in this section, each reporter shall make and file an oath faithfully to record and transcribe all the proceedings before the grand jury and to keep secret the matters relative to the proceedings. He or she shall be paid out of the county treasury of the county in which the service is rendered such sum for compensation and expenses as shall be audited and allowed as reasonable by the court ordering the grand jury. Each reporter may employ on his or her own account the assistance of a competent typist to transcribe the testimony and proceedings of the grand jury, but before entering upon duties under this section the typist shall be required to make and file an oath similar to that required of each reporter.
756.13(3)
(3) Every stenographic reporter and every typewriter operator who takes and violates the oath required by this section, shall, upon conviction thereof, be imprisoned not less than one nor more than 5 years.
756.13 History
History: 1977 c. 187 s.
95; Stats. 1977 s. 756.13.
756.14
756.14
Oaths to witnesses. The foreman of every grand jury, district attorney or other prosecuting officer who is before the grand jury may administer all oaths and affirmations in the manner prescribed by law to witnesses who appear before the jury for the purpose of testifying in any matter of which they have cognizance. At the request of the court, the foreman shall return to the court a list, under his or her hand, of all witnesses who are sworn before the grand jury, and the list shall be filed by the clerk.
756.14 History
History: 1977 c. 187 s.
95;
1977 c. 449; Stats. 1977 s. 756.14.
756.145
756.145
Witnesses rights; transcripts. 756.145(1)
(1) Any witness appearing before a grand jury may have counsel present, but the counsel shall not be allowed to examine his or her client, cross-examine other witnesses or argue before the judge. Counsel may consult with his or her client while before a grand jury. If the prosecuting officer, attorney for a witness or a grand juror believes that a conflict of interest exists for an attorney or attorneys to represent more than one witness before a grand jury, the person so believing may make a motion before the presiding judge to disqualify the attorney from representing more than one witness before the grand jury. A hearing shall be held upon notice with the burden upon the moving party to establish the conflict.
756.145(2)
(2) No grand jury transcript may be made public until the trial of anyone indicted by the grand jury and then only that portion of the transcript that is relevant and material to the case at hand. This subsection does not limit the defendant's rights to discovery under
s. 971.23.
