758.19(5)(a)4m.
4m. Fees for expert witnesses appointed under
s. 907.06 by the court on its own motion or by the court at the request of the district attorney, the state public defender or a private attorney appointed under
s. 977.08 or by the court upon agreement of the district attorney, the state public defender or a private attorney appointed under
s. 977.08. Nothing in this subdivision affects the determination of who is obligated to pay fees for an expert witness appointed under
s. 907.06.
758.19(5)(a)5.
5. Fees for witnesses or expert witnesses subpoenaed by the court at the request of the district attorney, coroner or medical examiner under
s. 979.06 (1) and
(2).
758.19(5)(a)6.
6. Salary and fringe benefits for judicial assistants for circuit court judges.
758.19(5)(a)8.
8. Any other court costs, except costs related to courtroom security, including security personnel, and costs related to rent, utilities, maintenance, rehabilitation and construction of court facilities.
758.19(5)(b)
(b) From the appropriation under
s. 20.625 (1) (d), the director of state courts shall make payments to counties totaling $3,443,950 on July 29, 1995, totaling $8,294,050 on January 1, 1996, and totaling $8,244,800 on every July 1 and January 1 thereafter, which the director of state courts shall distribute as follows:
758.19(5)(b)1.
1. For each circuit court branch in the county, $32,900.
758.19(5)(b)2.
2. In addition to the payment under
subd. 1., for each county with one or less circuit court branches, $5,000 in the 1995-96 fiscal year and $10,000 in each fiscal year thereafter.
758.19(5)(b)3.
3. In addition to the payment under
subd. 1., for each county with more than one circuit court branch, a payment equal to the county's proportion of the state population times the amount remaining after the payments are made under
subds. 1. and
2.
758.19(5)(c)
(c) For those counties that share the services of one or more circuit court branches, the director of state courts shall annually determine the proportional share of that circuit court branch for each county based on the circuit court branch case load in each county.
758.19(5)(d)
(d) Except as provided in
par. (e), no action is required of and no condition may be imposed on a county to receive a payment under
par. (b), including applying for, submitting information in connection with, entering into a memorandum of understanding concerning or making any other agreement regarding the payment. Except as provided in
pars. (f) and
(g), the director of state courts may not withhold payment under
par. (b) to a county.
758.19(5)(e)
(e) No later than July 1, 1994, and no later than July 1 of each year thereafter, each county shall submit to the director of state courts, in a format that is established by the director of state courts, information regarding the amount of actual court costs that the county incurred in the previous calendar year for each of the court costs listed in
par. (a) 1. to
8.
758.19(5)(f)
(f) A county that fails to meet the requirements under
par. (e) is not eligible for a payment under
par. (b) for one year after the July 1 that the information was not provided, or until the information is provided, whichever is earlier. Except as provided in this paragraph and
par. (g), the information regarding the amount of actual costs reported under
par. (e) does not affect the amount paid to a county under
par. (b).
758.19(5)(g)
(g) Beginning with the submittal of information under
par. (e) on July 1, 1995, if the director of state courts determines, based on the information submitted under
par. (e), that the payment made to a county under
par. (b) for any calendar year exceeds the court costs incurred by the county for that calendar year, the director of state courts shall deduct the difference from the next payment under
par. (b) made to that county after the director's determination. The difference shall be apportioned as provided in
par. (c) among the other counties for payment under
par. (b) to the other counties on that payment date. For purposes of this paragraph, the director of state courts shall treat the period beginning on August 13, 1993, and ending on December 31, 1994, as a calendar year and determine from the information submitted under
par. (e) on July 1, 1994, and July 1, 1995, whether the payment to a county under
par. (b) on January 1, 1994, exceeds the court costs incurred by the county for the period beginning on August 13, 1993, and ending on December 31, 1994.
758.19(5)(h)
(h) The director of state courts shall establish a description of the qualifications and duties of an individual who is a judicial assistant for purposes of this subsection. Nothing in this subsection requires a county to employ, to incur costs for salary and fringe benefits for, or to expend payments received under
par. (b) for salary and fringe benefits for, judicial assistants for circuit court judges.
758.19(5)(i)
(i) The director of state courts shall compile the information reported under
par. (e) and, by October 1 annually, submit that information to the legislature under
s. 13.172 (2) and to the governor.
758.19(6)(a)(a) In this subsection, "guardian ad litem costs" means the costs of guardian ad litem compensation that a county incurs under
ch. 48,
55,
767,
880 or
938, that the county has final legal responsibility to pay or that the county is unable to recover from another person and that does not exceed the per hour rate established for time spent in court by private attorneys under
s. 977.08 (4m) (b).
758.19(6)(b)
(b) From the appropriation under
s. 20.625 (1) (e), the director of state courts, beginning on July 1, 1995, shall annually on July 1 pay to each county the county's share, as determined under
par. (c), of the total appropriation under
s. 20.625 (1) (e). The payment is designed to defray a county's guardian ad litem costs but, except as provided in
par. (d), the director of state courts may not require a county to account for the county's guardian ad litem costs or the manner in which or the purposes for which the county expends the payment.
758.19(6)(c)1.b.
b. "Judicial need" means the need for a circuit judge, calculated under the weighted caseload formula, based on case filings in the previous calendar year for those types of cases which the director of state courts determines are likely to involve significant guardian ad litem costs.
758.19(6)(c)1.c.
c. "Weighted caseload formula" means the formula utilized by the director of state courts to assist in determining the comparative need for circuit court judges in this state, based on the number of cases filed in a given year and the judicial time needed to process the cases.
758.19(6)(c)2.
2. The amount paid to each county under
par. (b) shall be the sum of the following amounts:
758.19(6)(c)2.a.
a. The amount determined by dividing the number of circuit court branches in the county by the total number of circuit court branches in the state and multiplying that result by one-third of the total amount to be paid under
par. (b).
758.19(6)(c)2.b.
b. The amount determined by dividing the judicial need for the county by the total judicial need for all counties in this state and multiplying that result by one-third of the total amount to be paid under
par. (b).
758.19(6)(c)2.c.
c. The amount determined by dividing the amount of court support services fees charged and collected in the county in the previous calendar year by the total amount of court support services fees charged and collected in the state in the previous calendar year and multiplying that result by one-third of the total amount to be paid under
par. (b).
758.19(6)(d)
(d) Annually, no later than July 1, each county shall submit to the director of state courts, in a format that the director of state courts establishes, all of the following:
758.19(6)(d)1.
1. The total cost of guardian ad litem compensation that the county incurred under
chs. 48,
55,
767,
880 and
938 in the previous calendar year.
758.19(6)(d)2.
2. The total guardian ad litem compensation that the county initially paid under
chs. 48,
55,
767,
880 and
938 and that was recovered in the previous calendar year by the county from another responsible person.
758.19(7)
(7) The director of state courts shall adopt, revise biennially and submit to the cochairpersons of the joint committee on information policy, the governor and the secretary of administration, no later than September 15 of each even-numbered year, a strategic plan for the utilization of information technology to carry out the functions of the courts and judicial branch agencies, as defined in
s. 16.70 (5). The plan shall address the business needs of the courts and judicial branch agencies and shall identify all resources relating to information technology which the courts and judicial branch agencies desire to acquire, contingent upon funding availability, the priority for such acquisitions and the justification for such acquisitions. The plan shall also identify any changes in the functioning of the courts and judicial branch agencies under the plan.
758.19 History
History: 1971 c. 254 ss.
1,
2,
4 to
16; Stats. 1971 s. 257.19;
1975 c. 37,
189,
199;
1977 c. 29;
1977 c. 187 ss.
97,
135;
1977 c. 305 s.
64;
1977 c. 449; Stats. 1977 s. 758.19; Sup. Ct. Order, 88 W (2d) xiii (1979);
1981 c. 96;
1983 a. 27;
1985 a. 29,
340;
1989 a. 31;
1991 a. 32,
39;
1993 a. 16,
206,
437,
491;
1995 a. 27,
77,
201,
225,
417.
