757.94 Privilege; immunity.
757.95 Temporary suspension by supreme court.
757.01
757.01
Powers of courts. The several courts of record of this state shall have power:
757.01(1)
(1) To issue process of subpoena, requiring the attendance of any witness, residing or being in any part of this state, to testify in any matter or cause pending or triable in such courts.
757.01(2)
(2) To administer oaths to witnesses in any such matter or cause, and in all other cases where it may be necessary in the exercise of the powers and duties of such court.
757.01(3)
(3) To devise and make such writs and proceedings as may be necessary to carry into effect the powers and jurisdiction possessed by them.
757.01 History
History: 1977 c. 187 s.
96; Stats. 1977 s. 757.01.
757.02
757.02
Justices and judges and municipal judges; oath of office; ineligibility to other office; salary; conservators of peace. 757.02(1)(1) Every person elected or appointed justice of the supreme court, judge of the court of appeals, judge of the circuit court or municipal judge, shall take, subscribe and file the following oath:
State of Wisconsin,
County of ....
I, the undersigned, who have been elected (or appointed) to the office of ...., but have not yet entered upon the duties thereof, do solemnly swear that I will support the constitution of the United States and the constitution of the state of Wisconsin; that I will administer justice without respect to persons and will faithfully and impartially discharge the duties of said office to the best of my ability. So help me God.
....(Signature)
Subscribed and sworn to before me this .... day of ...., 19...
....(Signature)
757.02(2)
(2) The judge of any court of record in this state shall be ineligible to hold any office of public trust, except a judicial office, during the term for which he or she was elected or appointed.
757.02(3)
(3) The judges of such courts shall be conservators of the peace, and have power to administer oaths and take the acknowledgments of deeds and other written instruments throughout the state.
757.02(5)
(5) Except for retired judges appointed under
s. 753.075, each supreme court justice, court of appeals judge and circuit court judge included under
ch. 40 shall accrue sick leave at the rate established under
s. 230.35 (2) for the purpose of credits under
s. 40.05 (4) (b) and for premium payment determinations under
s. 40.05 (4) and
(5).
757.02 Annotation
The county board was without authority to adopt a resolution providing for the reduction and termination of its supplement to county judges' salaries on the contingency of increases in state salaries, since the resolution allowed for a mid-term reduction in compensation and constituted an unsanctioned interference with the legislature's authority to fix and increase county salaries. State ex rel. Conway v. Elvod, 70 W (2d) 448, 234 NW (2d) 354.
757.025
757.025
Judge to file affidavit as to work done to receive salary. 757.025(1)(1) No judge of a court of record may receive or be allowed to draw any salary, unless he or she first executes an affidavit stating that no cause or matter which has been submitted in final form to his or her court remains undecided that has been submitted for decision for 90 days, exclusive of the time that he or she has been actually disabled by sickness or unless extended by the judge under
sub. (2). The affidavit shall be presented to and filed with every official who certifies in whole or in part, the judge's salary.
757.025(2)
(2) If a judge is unable to complete a decision within the 90-day period specified in
sub. (1), the judge shall so certify in the record and the period is thereupon extended for one additional period of not to exceed 90 days.
757.025 History
History: 1977 c. 187 s.
96; Stats. 1977 s. 757.025.
757.025 Annotation
This section is intrusion by legislature into exclusively judicial area of judicial decision-making and, as such, is unconstitutional violation of separation of powers doctrine. Court adopts rule of judicial administration entitled "
SCR 70.36 Judges' Certification of Status of Pending Cases". In Matter of Complaint Against Grady, 118 W (2d) 762, 348 NW (2d) 559 (1984).
757.08
757.08
Vacancy in judgeship not to affect suits. No process, proceeding or action, civil or criminal, before any court of record shall be discontinued by the occurrence of any vacancy in the office of any judge or of all the judges of such court, nor by the election of any new judge or judges of any such court, but the persons so elected shall have power to continue, hear and determine such process, proceedings or action as their predecessors might have done if no new election had been held.
757.08 History
History: 1977 c. 187 s.
96; Stats. 1977 s. 757.08.
757.10
757.10
Failure to adjourn. No omission to adjourn any such court may vitiate any proceedings in the court.
757.10 History
History: 1977 c. 187 s.
96;
1977 c. 449; Stats. 1977 s. 757.10.
757.12
757.12
Adjournment to another place. Whenever it is deemed unsafe or inexpedient, by reason of war, pestilence or other public calamity, to hold any court at the time and place appointed therefor the justices or judges of the court may appoint any other place within the same county and any other time for holding court. All proceedings in the court may be continued at adjourned times and places and be of the same force and effect as if the court had continued its sessions at the place it was held before the adjournment. Every such appointment shall be made by an order in writing, signed by the justices or judges making the appointment, and shall be published as a class 1 notice, under
ch. 985, or in such other manner as is required in the order.
757.12 History
History: 1977 c. 187 s.
96;
1977 c. 449; Stats. 1977 s. 757.12.
757.13
757.13
Continuances; legislative privilege. When a witness, party or an attorney for any party to any action or proceeding in any court or any commission, is a member of the Wisconsin legislature, in session, that fact is sufficient cause for the adjournment or continuance of the action or proceeding, and the adjournment or continuance shall be granted without the imposition of terms.
757.13 History
History: 1977 c. 187 s.
96; Stats. 1977 s. 757.13;
1979 c. 34.
757.14
757.14
Sittings, public. The sittings of every court shall be public and every citizen may freely attend the same, except if otherwise expressly provided by law on the examination of persons charged with crime; provided, that when in any court a cause of a scandalous or obscene nature is on trial the presiding judge or justice may exclude from the room where the court is sitting all minors not necessarily present as parties or witnesses.
757.14 History
History: 1977 c. 187 s.
96; Stats. 1977 s. 757.14.
757.14 Annotation
Any citizen has the right to attend immunity hearings arising out of a John Doe proceeding. State ex rel. Newspapers, Inc. v. Circuit Court, 65 W (2d) 66, 221 NW (2d) 894.
757.14 Annotation
Court abused discretion by excluding public from voir dire of potential jurors. State ex rel. La Crosse Tribune v. Circuit Ct. 115 W (2d) 220, 340 NW (2d) 460 (1983).
757.14 Annotation
Closure of voir dire was abuse of discretion. State ex rel. Storer v. Gorenstein, 131 W (2d) 342, 388 NW (2d) 633 (Ct. App. 1986).
757.14 Annotation
See note to 51.20, citing St. ex rel. Wis. Jour. v. Dane Cir. Ct., 131 W (2d) 515, 389 NW (2d) 73 (Ct. App. 1986).
757.14 Annotation
Public access to criminal trials in particular is protected by First Amendment. Globe Newspaper Co. v. Superior Court, 457 US 596 (1982).
757.15
757.15
Holding court, effect of holidays. A court may be open to transact business on the first day of the week and on a legal holiday in like manner and with like effect as upon any other day.
757.15 History
History: 1975 c. 159;
1977 c. 54;
1977 c. 187 s.
96;
1977 c. 449; Stats. 1977 s. 757.15;
1989 a. 261.
757.18
757.18
Process, etc., to be in English. All writs, process, proceedings and records in any court within this state shall be in the English language, except that the proper and known names of process and technical words may be expressed in the language heretofore and now commonly used, and shall be made out on paper or parchment in a fair, legible character, in words at length and not abbreviated; but such abbreviations as are now commonly used in the English language may be used and numbers may be expressed by Arabic figures or Roman numerals in the usual manner.
757.18 History
History: 1977 c. 187 s.
96; Stats. 1977 s. 757.18.
757.19
757.19
Disqualification of judge. 757.19(1)
(1) In this section, "judge" includes the supreme court justices, court of appeals judges, circuit court judges and municipal judges.
757.19(2)
(2) Any judge shall disqualify himself or herself from any civil or criminal action or proceeding when one of the following situations occurs:
757.19(2)(a)
(a) When a judge is related to any party or counsel thereto or their spouses within the 3rd degree of kinship.
757.19(2)(b)
(b) When a judge is a party or a material witness, except that a judge need not disqualify himself or herself if the judge determines that any pleading purporting to make him or her a party is false, sham or frivolous.
757.19(2)(c)
(c) When a judge previously acted as counsel to any party in the same action or proceeding.
757.19(2)(d)
(d) When a judge prepared as counsel any legal instrument or paper whose validity or construction is at issue.
757.19(2)(e)
(e) When a judge of an appellate court previously handled the action or proceeding while judge of an inferior court.
757.19(2)(f)
(f) When a judge has a significant financial or personal interest in the outcome of the matter. Such interest does not occur solely by the judge being a member of a political or taxing body that is a party.
757.19(2)(g)
(g) When a judge determines that, for any reason, he or she cannot, or it appears he or she cannot, act in an impartial manner.
757.19(3)
(3) Any disqualification that may occur under
sub. (2) may be waived by agreement of all parties and the judge after full and complete disclosure on the record of the factors creating such disqualification.
757.19(4)
(4) Any disqualification under
sub. (2) in a civil or criminal action or proceeding must occur, unless waived under
sub. (3), when the factors creating such disqualification first become known to the judge.
757.19(5)
(5) When a judge is disqualified, the judge shall file in writing the reasons and the assignment of another judge shall be requested under
s. 751.03.
757.19(6)
(6) In addition to other remedies, an alleged violation under this section or abuse of the disqualification procedure shall be referred to the judicial commission.
757.19 Note
Judicial Council Note, 1977: Section 256.19 [757.19] has been repealed and recreated to more comprehensively set out the procedure in Wisconsin for a judge to disqualify himself or herself. The new provisions apply to courts of record and municipal courts and define those situations in which a judge should in the interest of justice disqualify himself or herself from hearing a matter. Subsection (2) (g) is a catch-all provision to be used in those situations where a particular set of circumstances dictates that a judge disqualify himself or herself.
757.19 Annotation
The new judge disqualification section contains provisions for assuring that a disqualification is timely made and also provides for waiver of a statutory disqualification upon agreement of all interested parties and the judge. Alleged violations of this section will be brought to the attention of the judicial commission for appropriate review. [Bill 74-S]
757.19 Annotation
Judges are disqualified only where they have acted as counsel for a party in the matter to be heard or determined. Sturdevant v. State, 49 W (2d) 142, 181 NW (2d) 523.
757.19 Annotation
Where a judge represented the defendant as counsel in another phase of a criminal matter, he had no power to act as judge in hearing the related postconviction motion and should have, sua sponte, disqualified himself. Rainey v. State, 65 W (2d) 374, 222 NW (2d) 620.
757.19 Annotation
Although judge was apparently partial against defense counsel, refusal to recuse self was harmless error. State v. Walberg, 109 W (2d) 96, 325 NW (2d) 687 (1982).
757.19 Annotation
Under (2) (g) self-disqualification decision is subjective, and review is limited to determining whether judge concluded disqualification was necessary. State v. American TV & Appliance, 151 W (2d) 175, 443 NW (2d) 662 (1989).
757.19 Annotation
That a judge's spouse was employed in the office of the district attorney, but had no connection to a particular case, did not require the judge's disqualification. State v. Harrell, 199 W (2d) 654, 546 NW (2d) 115 (1996).
757.22
757.22
Judge not to act as attorney, etc.; attorneys not to have office with judge. 757.22(1)
(1) No judge, while holding office, may be in any manner engaged or act as attorney or counsel; and no judge or his or her clerk or any person employed by the judge in or about his or her office, court commissioner or other judicial officer shall be allowed to give advice to parties litigant in any matter or action pending before the judge or officer, or which the judge has reason to believe will be brought before him or her for decision, or draft or prepare any papers, including wills, or other proceedings relating to any such matter or action except when expressly authorized by law; and no court commissioner or other judicial officer may be allowed to demand or receive any fees or compensation for services as such commissioner or judicial officer, except those expressly authorized by law, upon penalty, for any violation hereof, of removal from office.
757.22(2)
(2) No practicing attorney may hold office in the office of the clerk of any court in which he or she practices nor may he or she hold office in the same room with a judge.
757.22(3)
(3) No practicing attorney may have his or her office in the same room with any district attorney, municipal judge or court commissioner, unless he or she is a partner of the district attorney, municipal judge or court commissioner, in which case he or she shall not practice as an attorney before the municipal judge or court commissioner nor act as attorney in any case in which it is the duty of the district attorney to appear or prosecute for the state; except that the law partner of any district attorney may, at the request of the district attorney, without fee or compensation therefor, assist the district attorney in the prosecution of any case on the part of the state.
757.22(4)
(4) No law partner of any district attorney may act as a municipal judge or court commissioner in any case in which the state may be a party or defend in any court any person charged with any offense, or appear in any civil action against the state in which it is the duty of the district attorney to prosecute or appear for the state.
757.22(5)
(5) Any attorney who violates
sub. (2),
(3) or
(4), and any municipal judge or court commissioner who violates or knowingly permits any such violation, may be fined not to exceed $100 for each such offense.
757.22 History
History: 1977 c. 187 s.
96;
1977 c. 305 ss.
52,
64; Stats. 1977 s. 757.22.
757.22 Annotation
Under (1), a judge may not draft or prepare legal papers even on a gratuitous basis. In re Van Susteren, 82 W (2d) 307, 262 NW (2d) 133.
757.22 Annotation
See note to 865.065, citing 63 Atty. Gen. 55.
757.23
757.23
Court commissioner, when disqualified. A 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, employe or clerk, or in the law business in any manner, shall be interested or appear as a party, agent, attorney or counsel. Any 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.
757.23 History
History: 1977 c. 187 s.
96; Stats. 1977 s. 757.23.
757.24
757.24
Liability of judicial officers. Circuit judges and court commissioners shall be held personally liable to any party injured for any wilful 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.
757.24 History
History: 1977 c. 187 s.
96;
1977 c. 449; Stats. 1977 s. 757.24.
757.25
757.25
Money in court, how deposited. The judge of any court of record on the application of a party to any action or proceeding therein who has paid $1,000 or more into court in the action or proceeding may order the money to be deposited in a safe depository until the further order of the court or judge thereof. After the money has been so deposited it shall be withdrawn only upon a check signed by the clerk of the court pursuant to whose order the deposit was made and upon an order made by the court or the judge thereof. The fee for the clerk's services for depositing and disbursing the money is prescribed in
s. 814.61 (12) (a).
757.25 History
History: 1977 c. 187 s.
96; Stats. 1977 s. 757.25;
1981 c. 317.
757.25 AnnotationThis section applies only in those instances where court order exists.
73 Atty. Gen. 3.
757.26
757.26
Court officers, liability of to arrest. The officers of the several courts of record shall be liable to arrest and may be held to bail in the same manner as other persons, except during the actual sitting of any court of which they are officers; and when sued with any other person such officers shall be liable to arrest and may be held to bail as other persons during the sitting of the court of which they are officers. No attorney or counselor may be exempt from arrest during the sitting of a court of which he or she is an officer unless he or she is employed in some case pending and then to be heard in the court.
757.26 History
History: 1977 c. 187 s.
96; Stats. 1977 s. 757.26.
757.293
757.293
Trust accounts required.
