757.41 History
History: 1971 c. 111;
1977 c. 187 ss.
96,
135; Stats. 1977 s. 757.41;
1987 a. 48.
757.45
757.45
Sharing of compensation by attorneys prohibited. It is unlawful for any person to divide with or receive from, or to agree to divide with or receive from, any attorney or group of attorneys, whether practicing in this state or elsewhere, either before or after action brought, any portion of any fee or compensation, charged or received by such attorney or any valuable consideration or reward, as an inducement for placing or in consideration of having placed, in the hands of such attorney, or in the hands of another person, a claim or demand of any kind for the purpose of collecting such claim, or bringing an action thereon, or of representing claimant in the pursuit of any civil remedy for the recovery thereof; but this section does not apply to an agreement between attorneys and counselors at law when associated in the conduct of legal matters to divide between themselves the compensation to be received. Any person violating this section shall be fined not to exceed $500 or imprisoned not to exceed 6 months.
757.45 History
History: 1977 c. 187 s.
96; Stats. 1977 s. 757.45.
757.46
757.46
Reporter not to take statements of injured persons. No phonographic reporter for any court of record in the state of Wisconsin or any of his or her assistants may be employed by any person or corporation to take the statement of any injured or other person in any way relating to the manner in which the person was injured or killed or the extent of personal injuries, and any reporter or assistant violating this section shall be removed and shall not be permitted to testify in any court concerning any such statement taken in violation of this section. The taking, transcribing or reporting testimony given by deposition or otherwise according to law, is not prohibited by this section.
757.46 History
History: 1977 c. 187 s.
96; Stats. 1977 s. 757.46.
757.47
757.47
Taxes of this state enforced in other states. 757.47(1)(1) The courts of this state shall recognize and enforce the liability for taxes lawfully imposed by the laws of any other state which extends a like comity in respect of the liability for taxes lawfully imposed by the laws of this state, and the officials of such other state are authorized to bring action in the courts of this state for the collection of such taxes. The certificate of the secretary of state of such other state that such officials have the authority to collect the taxes sought to be collected by such action shall be conclusive proof of that authority.
757.47(2)
(2) The attorney general is empowered to bring action in the courts of other states to collect taxes legally due the state.
757.47(3)
(3) The term "taxes" as herein employed shall include:
757.47(3)(a)
(a) Any and all tax assessments lawfully made whether they be based upon a return or other disclosure of the taxpayer, upon the information and belief of the taxing authority, or otherwise.
757.47(3)(b)
(b) Any and all penalties lawfully imposed pursuant to a taxing statute.
757.47(3)(c)
(c) Interest charges lawfully added to the tax liability which constitutes the subject of the action.
757.47 History
History: 1977 c. 187 s.
96; Stats. 1977 s. 757.47.
757.48
757.48
Guardian ad litem must be an attorney. 757.48(1)(a)(a) Except as provided in
s. 879.23 (4), in all matters in which a guardian ad litem is appointed by the court, the guardian ad litem shall be an attorney admitted to practice in this state. In order to be appointed as a guardian ad litem under
s. 767.045, an attorney shall have completed 3 hours of approved continuing legal education relating to the functions and duties of a guardian ad litem under
ch. 767.
757.48(1)(b)
(b) The guardian ad litem shall be allowed reasonable compensation for his or her services such as is customarily charged by attorneys in this state for comparable services. If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys under
s. 977.08 (4m) (b). If the attorney of record is also the guardian ad litem, the attorney shall be entitled only to attorney fees and shall receive no compensation for services as guardian ad litem.
757.48(2)
(2) If the statutes do not specify how the fee of the guardian ad litem is paid, the ward shall pay such fee. The court may, however, in cases involving real or personal property in which the ward claims or may have a right or interest, order payment out of such property.
757.48(3)
(3) No guardian ad litem may be permitted to receive any money or property of his or her ward, nor may any bond be required of a guardian ad litem, but all money or property of his or her ward may be paid or delivered to a general guardian of his or her property subject to the exceptions of
s. 880.04.
757.48(4)
(4) No person shall be appointed guardian ad litem for a plaintiff without the written consent of the person appointed.
757.48 History
History: Sup. Ct. Order, 50 W (2d) vii (1971)
1971 c. 211;
1977 c. 187 s.
96;
1977 c. 299,
447; Stats. 1977 s. 757.48;
1987 a. 355;
1993 a. 16;
1995 a. 27.
757.48 Cross-reference
Cross-reference: See s.
879.23 (4) for parent as guardian in recitrobate matters.
757.48 Annotation
Comment of Judicial Council, 1971: A guardian ad litem shall: (1) Be an attorney and be allowed reasonable compensation as is customarily charged by attorneys for comparable services. If the attorney of record is also the guardian ad litem, only one fee is allowed. (2) Be compensated by the ward or out of the ward's property. (3) Not be permitted to receive any money or property of the ward. (4) Not be appointed for a plaintiff without the appointed person's consent. Subsection (1) is in present law; subs. (3) and (4) are the same as present law. [Re Order effective July 1, 1971]
757.48 Annotation
Sub. (1) (a) is void as unconstitutional violation of separation of powers; it interferes with judiciary's exclusive authority to regulate practice of law. Fiedler v. Wisconsin Senate, 155 W (2d) 94, 454 NW (2d) 770 (1990).
757.48 Annotation
The courts' power to appropriate compensation for court-appointed counsel is necessary for the effective operation of the judicial system. In ordering compensation for court ordered attorneys, a court should abide by the s. 977.08 (4m) rate when it can retain qualified and effective counsel at that rate, but should order compensation at the rate under
SCR 81.01 or 81.02 or a higher rate when necessary to secure effective counsel. Friedrich v. Dane County Circuit Ct. 192 W (2d) 1, 531 NW (2d) 32 (1995).
757.52
757.52
Guardian ad litem for persons not in being or unascertainable. In any action or proceeding the court may appoint a guardian ad litem for persons not in being or presently unascertainable, if the court has reason to believe that such appointment is necessary to protect the interests of such persons.
757.52 History
History: Sup. Ct. Order, 50 W (2d) vii (1971);
1977 c. 187 s.
96; Stats. 1977 s. 757.52;
1985 a. 29 s.
3202 (23);
1993 a. 326.
757.52 Cross-reference
Cross-reference: Compare s.
701.15 concerning guardians in trust matters.
757.52 Annotation
Comment of Judicial Council, 1971: Guardian ad litem for unborn child. (Clarification) [Re Order effective July 1, 1971]
757.54
757.54
Retention and disposal of court records. The retention and disposal of all court records and exhibits in any civil or criminal action or proceeding or probate proceeding of any nature in a court of record shall be determined by the supreme court by rule.
757.54 History
History: Sup. Ct. Order, 136 W (2d) xi (1987).
757.55
757.55
Reporting testimony. The supreme court shall determine, by rule, the civil and criminal actions and proceedings which shall be reported.
757.55 History
History: 1981 c. 353.
757.57(2)(2) In any criminal action or proceeding the court may order, and when required by
s. 973.08 the court shall order, a transcript of the testimony and proceedings to be made and certified by the reporter and filed with the clerk of court. Certified duplicates of transcripts prepared in compliance with
s. 973.08 shall be filed with the warden or superintendent of the institution to which sentenced persons have been committed. The cost of the transcript is prescribed in
s. 814.69 (1). In case of application for a pardon or commutation of sentence the duplicate transcript shall accompany the application.
757.57(5)
(5) Except as provided in
SCR 71.04 (4), every reporter, upon the request of any party to an action or proceeding, shall make a typewritten transcript, and as many copies thereof as the party requests, of the testimony and proceedings reported by him or her in the action or proceeding, or any part thereof specified by the party, the transcript and each copy thereof to be duly certified by him or her to be a correct transcript thereof. For the transcripts the reporter is entitled to receive the fees prescribed in
s. 814.69 (1) (b).
Effective date note
History: 1977 c. 187 s.
96; Stats. 1977 s. 757.57;
1979 c. 32 s.
92 (4); Sup. Ct. Order, eff. 1-1-80;
1981 c. 317,
353,
389;
1987 a. 403 s.
256;
1995 a. 27.
Effective date note
NOTE: This section was repealed by Sup. Ct. Order dated 12-11-79, eff. 1-1-80. Subsequent legislative acts repealed and recreated subs. (2) and (5) and repealed subs. (3), (7) and (8). See
SCR ch. 71.
757.60
757.60
Judicial administrative districts. The state is divided into judicial administrative districts for the purpose of administering the court system. Each district includes all the circuit courts within the district. The judicial administrative districts are as follows:
757.60(1)
(1) The 1st district consists of Milwaukee county.
757.60(2)
(2) The 2nd district consists of Kenosha, Racine and Walworth counties.
757.60(3)
(3) The 3rd district consists of Jefferson, Ozaukee, Washington and Waukesha counties.
757.60(4)
(4) The 4th district consists of Calumet, Fond du Lac, Manitowoc, Sheboygan and Winnebago counties.
757.60(5)
(5) The 5th district consists of Dane, Green, Lafayette and Rock counties.
757.60(6)
(6) The 6th district consists of Adams, Clark, Columbia, Dodge, Green Lake, Juneau, Marquette, Portage, Sauk, Waushara and Wood counties.
757.60(7)
(7) The 7th district consists of Buffalo, Crawford, Grant, Iowa, Jackson, La Crosse, Monroe, Pepin, Pierce, Richland, Trempealeau and Vernon counties.
757.60(8)
(8) The 8th district consists of Brown, Door, Kewaunee, Marinette, Oconto, Outagamie and Waupaca counties.
757.60(9)
(9) The 9th district consists of Florence, Forest, Iron, Langlade, Lincoln, Marathon, Menominee, Oneida, Price, Shawano, Taylor and Vilas counties.
757.60(10)
(10) The 10th district consists of Ashland, Barron, Bayfield, Burnett, Chippewa, Douglas, Dunn, Eau Claire, Polk, Rusk, St. Croix, Sawyer and Washburn counties.
Effective date note
History: 1977 c. 449; Sup. Ct. Order, 84 W (2d) xiii (1978); Sup. Ct. Order, eff. 1-1-80;
1981 c. 317;
1995 a. 225.
757.66
757.66
Recovery of legal fees paid for indigent defendants. Whenever a county or the state has paid for legal representation of an indigent defendant and the county board or the department of justice so requires, the clerk of the court where representation for the indigent was appointed shall prepare, sign and record in the office of the register of deeds a certificate stating the name and residence of the indigent beneficiary, the amount paid by the county or the state for his or her legal representation, the date when paid, the court and county in which the case was heard and such other information as the county board directs. If a certificate is recorded within 6 months after payment is made by the county or the state it may, within the time after the recording provided by
s. 893.86, commence an action to recover from the indigent defendant, or his or her estate if the action is commenced within the time set for filing claims by creditors, the amount paid by the county or the state for his or her legal representation. In any such action
ss. 859.02 and
893.86, so far as applicable, may be pleaded in defense. The claim shall not take precedence over the allowances in
ss. 861.31,
861.33 and
861.35. The district attorney or the department of justice, as applicable, shall commence and prosecute all actions and proceedings necessary under this section to make the recovery when it appears that the indigent defendant or his or her estate is able to pay the claim.
757.66 Annotation
Recovery of legal defense fees from indigent defendants discussed. James v. Strange, 407 US 128.
757.67
757.67
Testimony of judge of kin to attorney. No judge of any court of record shall testify as to any matter of opinion in any action or proceeding in which any person related to such judge in the first degree shall be an attorney of record.
757.67 History
History: Sup. Ct. Order, 59 W (2d) R1, R4 s. 6 (1973); Stats. 1973 s. 256.67;
1977 c. 187 s.
96; Stats. 1977 s. 757.67.
757.68
757.68
Court commissioners. 757.68(1)(a)(a) Except as provided in
par. (b), counties having a population of 100,000 or more may create the office of full-time court commissioner. The county board shall establish the number of positions and set the salary for the office. Any person qualified and acting as a judicial court commissioner on August 1, 1978, shall be deemed a full-time court commissioner and shall continue in the classified county civil service but any new appointee shall be in the unclassified (exempt) civil service. The chief judge shall be the appointing and supervising authority and may terminate the employment of any such commissioner if cause is proven. The chief judge may delegate any such supervising authority. The full-time court commissioners shall be attorneys licensed to practice in this state. Each 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.
757.68(1)(b)
(b) In counties having a population of 500,000 or more, the county board shall establish at least one full-time court commissioner position under
par. (a) to assist in the administration of the procedures for small claims type actions under
ch. 799. In counties having a population of less than 500,000, the county board may establish one or more part-time or full-time court commissioner positions under
par. (a) to assist in the administration of small claims type actions under
ch. 799. Any court commissioner appointed under this paragraph shall be an attorney licensed to practice in this state.
757.68(2)
(2) Part-time court commissioners. In each county the circuit judges shall appoint such number of part-time court commissioners as the proper transaction of business requires subject to the following exception: in counties having a population of 200,000 or more each judge may appoint not more than 2 such commissioners and in counties having a population of less than 200,000 each judge shall, as nearly as possible, appoint an equal number of 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 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 court commissioner appointed by the judge or the judge's predecessor in office. Unless he or she is so removed, the term of each 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 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.
757.68(3)
(3) Conciliators. In all counties, retired circuit judges appointed to act as conciliators pursuant to
s. 807.09 may be appointed court commissioners, in addition to those appointed under
sub. (1). The term of court commissioners appointed to act as conciliators under
s. 807.09 shall continue until a successor is appointed and qualifies.
757.68(4)
(4) Eligibility of former inferior court judges. Any former judge of an inferior court of record of this state shall be eligible to appointment as a court commissioner, by any judge authorized by this section to make such appointment, in addition to those specified in
sub. (1).
757.68(5)
(5) Fees. Part-time court commissioners appointed under
sub. (2) shall collect the fees prescribed in
s. 814.68 (1).
757.68 Annotation
Where appointing order referred only to this section, commissioner did not have authority to issue warrant. State v. Loney, 110 W (2d) 256, 328 NW (2d) 872 (Ct. App. 1982).
757.69
757.69
Powers and duties of court commissioners. 757.69(1)(1) On authority delegated by a judge, which may be by a standard order, and with the approval of the chief judge of the judicial administrative district, a court commissioner appointed under
s. 48.065,
757.68,
757.72,
767.13 or
938.065 may:
757.69(1)(a)
(a) Direct a case to the proper court if the defendant wishes to enter a plea after intelligent waiver of rights.
757.69(1)(b)
(b) In criminal matters issue summonses, arrest warrants or search warrants and 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 refer the person to the authority for indigency determinations specified under
s. 977.07 (1). If the court commissioner is a full-time court commissioner, he or she 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 court commissioner shall conduct the hearing on the matter in accordance with
s. 973.20 (13) (c) 4.
757.69(1)(c)
(c) Conduct initial appearances in traffic cases and county ordinance cases, in traffic regulation cases and county ordinance cases receive noncontested forfeiture pleas, order the revocation or suspension of operating privileges and impose monetary penalties according to a schedule adopted by a majority of the judges of the courts of record within the county, and refer applicable cases to court for enforcement for nonpayment.
757.69(1)(d)
(d) In small claims actions, conduct initial return appearance and conciliation conferences.
757.69(1)(f)
(f) Issue warrants and capiases for those who do not appear as summoned.
757.69(1)(g)
(g) When assigned to the court assigned jurisdiction under
chs. 48 and
938, a court commissioner may, under
ch. 48 or
938, issue summonses and warrants, order the release or detention of children apprehended, conduct detention and shelter care hearings, conduct preliminary appearances, conduct uncontested proceedings under
ss. 48.13,
938.12,
938.13 and
938.18, enter into consent decrees and 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.
757.69(1)(h)
(h) Hear petitions for commitment and conduct probable cause hearings under
ss. 51.20,
51.45 and
55.06 (11), conduct reviews of guardianships and protective placements and protective services under
chs. 55 and
880, advise a person alleged to be mentally ill of his or her rights under the United States and Wisconsin constitutions and, if the person claims or appears to be unable to afford counsel, refer the person to the authority for indigency determinations specified under
s. 977.07 (1) or, if the person is a child, refer that child to the state public defender who shall appoint counsel for the child without a determination of indigency, as provided in
s. 48.23 (4).
757.69(1)(j)
(j) Hold hearings, make findings and issue temporary restraining orders under
s. 813.122.
757.69(1)(k)
(k) Exercise the power of a juvenile court commissioner appointed under
s. 48.065 or
938.065, a probate court commissioner appointed under
s. 757.72 or a family court commissioner appointed under
s. 767.13.
757.69(2)(a)
(a) The trial of an issue of fact requires the examination of an account, in which case the court commissioner may be directed to report upon any specific question of fact involved therein.
757.69(2)(b)
(b) The taking of an account is necessary for the information of the court before judgment or for carrying a judgment or order into effect.
757.69(2)(c)
(c) A question of fact other than upon the pleadings arises.
757.69(2)(d)
(d) Proposed findings of fact and conclusions of law are to be prepared pertaining to default mortgage and land contract foreclosures and mechanics liens.
757.69(3)(a)
(a) Officiate at marriage ceremonies throughout the state.
757.69(3)(b)
(b) Issue subpoenas and attachments or other process to compel the attendance of witnesses, administer oaths and affidavits, take depositions and testimony when authorized by law or rule or order, and certify and report the depositions and testimony.
757.69(3)(c)
(c) Issue the following writs returnable before a judge at a time set by the judge or the judge's clerk: habeas corpus; certiorari; ne exeat and alternative writs of mandamus.
