59.40 Annotation
Authenticate, certify and transmit documents, ss. 753.30, 801.61, 809.15, 889.08 and 889.09.
59.40 Annotation
Receive bail as provided by law, ch. 818 and ch. 969.
59.40 Annotation
Perform duties with respect to jurors, ch. 756.
59.40 Annotation
Care for county law library, s. 757.40.
59.40 Annotation
Tax costs and collect fees, ch. 814.
59.40 Annotation
Issue executions and writs of assistance, ch. 815.
59.40 Annotation
Issue and sign subpoenas, s. 885.01.
59.40 Annotation
Keep a lien docket, s. 779.07.
59.40 Annotation
A clerk of court who customarily supplies an affidavit form to persons claiming witness fees cannot refuse one to a person whom he believes not entitled to such fees. State ex rel. Hurley v. Schmidley, 48 W (2d) 659, 180 NW (2d) 605.
59.40 Annotation
Under s. 59.42 (1) [now 59.40 (3) (a)], a clerk retains discretion to refuse to file documents unless the fee is tendered even though the standard may result in inconsistent policies among the counties. Giese v. LIRC, 153 W (2d) 212, 450 NW (2d) 489 (Ct. App. 1989).
59.40 Annotation
The payment to a county under s. 59.42 (2) [now 59.40 (3) (b)] of interest earned on a condemnation award deposited with the clerk is not an unconstitutional taking. Brongman v. Douglas County, 164 W (2d) 718, 476 NW (2d) 611 (Ct. App. 1991).
59.40 Annotation
The express powers to appoint and discharge deputies under this section are separate from those of the county and not subject to a collective bargaining agreement entered into by the county. Crawford County v. WERC, 177 W (2d) 66, 501 NW (2d) 836 (Ct. App. 1993).
59.40 Annotation
Crawford County v. WERC is restricted to its facts. Deputized employes, apart from the chief deputy, are exempt from the terms of collective bargaining agreements only to the extent that they are managerial or supervisory employes. Eau Claire County v. AFSCME Local 2223, 190 W (2d) 298, 526 NW (2d) 802 (Ct. App. 1994).
59.40 Annotation
Removal by the court clerk of an employe with dual employment status as deputy court clerk and judicial assistant from the judicial assistant position was not authorized by sub. (1). The removal was subject to the terms of a collective bargaining agreement. Winnebago County v. Courthouse Employees Association, 196 W (2d) 733, 540 NW (2d) 240 (Ct. App. 1995).
59.40 Annotation
County civil service ordinance enacted under s. 59.07 (20) [now 59.52 (8)] or collective bargaining agreement under s. 111.70, establishing a procedure to be followed prior to discharge of a classified employe, supersede and modify s. 59.38 (1) [now s. 59.40 (1) (a)]. 63 Atty. Gen. 147.
59.40 Annotation
Clerks of court may not send original records of criminal cases to public defender prior to appeal unless judge authorizes release. 69 Atty. Gen. 63.
59.41
59.41
Not to act as attorney. No person acting as clerk of any circuit court in this state may practice as an attorney or solicitor in the court in which the person is acting as clerk; and the person shall not be eligible for the office of municipal judge during the time that the person holds the office of the clerk.
59.41 History
History: 1977 c. 305,
449;
1995 a. 201 s.
323; Stats. 1995 s. 59.41.
59.42
59.42
Corporation counsel. 59.42(1)(1)
Corporation counsel; certain counties. 59.42(1)(a)(a) Except as provided under
par. (b), in counties not having a population of 500,000 or more, the board may employ a corporation counsel, and fix the salary of the corporation counsel. The corporation counsel appointed under this paragraph may be terminated at any time by a majority vote of all the members of the board.
59.42(1)(b)
(b) In any county with a county executive or county administrator, the county executive or county administrator shall have the authority to appoint and supervise the corporation counsel if the board authorizes the establishment of the office of corporation counsel. Such appointment shall be subject to confirmation by the board unless the board, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under
s. 59.52 (8) or
ch. 63. The corporation counsel may be removed by the county executive or county administrator with the concurrence of the board unless the corporation counsel is appointed under such an examination procedure.
59.42(1)(c)
(c) The corporation counsel may, when authorized by a majority of the board, appoint one or more assistant corporation counsels to aid the corporation counsel in the performance of the duties of corporation counsel. The assistants so appointed shall have authority to perform all the duties of the corporation counsel. The duties of the corporation counsel shall be limited to civil matters and may include giving legal opinions to the board and its committees and interpreting the powers and duties of the board and county officers. Whenever any of the powers and duties conferred upon the corporation counsel are concurrent with similar powers or duties conferred by law upon the district attorney, the district attorney's powers or duties shall cease to the extent that they are so conferred upon the corporation counsel and the district attorney shall be relieved of the responsibility for performing such powers or duties. Opinions of the corporation counsel on all such matters shall have the same effect as opinions of the district attorney. The corporation counsel may request the attorney general to consult and advise with the corporation counsel in the same manner as district attorneys as provided by
s. 165.25 (3).
59.42(2)
(2) Corporation counsel in special counties; appointment, dismissal and duties. 59.42(2)(a)(a) In a county with a population of 500,000 or more there is created the office of corporation counsel, and such deputy corporation counsels, assistants, stenographers and clerks at such salaries as are authorized by the board. The corporation counsel and deputy and assistant corporation counsels shall be attorneys at law licensed to practice in this state. All such offices and positions shall be in the classified civil service of the county except the corporation counsel, who is in the unclassified service. The corporation counsel shall be appointed by the county executive, with the concurrence of a majority of the board and shall not serve at the pleasure of the county executive. Any incumbent corporation counsel serving on August 1, 1990, shall retain that position and title until a new appointee is confirmed by the board. The corporation counsel may be dismissed at any time by the county executive with the concurrence of a majority of the members-elect of the board. The corporation counsel may also be dismissed at any time by a majority vote of the board. If the county executive vetoes an action by the board to dismiss the corporation counsel, the board may override the veto by a two-thirds vote of the members-elect of the board. The corporation counsel shall appoint deputies, assistants and clerical and stenographic help. Deputy corporation counsels shall have, according to their rank and seniority, the powers and duties of the corporation counsel in his or her absence or disability. The corporation counsel and deputy corporation counsels shall take and file the constitutional oath of office.
59.42(2)(b)
(b) The duties of the corporation counsel and assistant corporation counsels shall be, without limitation because of enumeration, to:
59.42(2)(b)1.
1. Prosecute and defend all civil actions, proceedings, applications and motions in any court, commission, board, tribunal or body in any jurisdiction of this or other states or of the nation in which the county or any board, commission, committee or officer thereof is interested or a party by virtue of the office; and shall in like manner represent or assist in representing the state, or any commission, board, agency or tribunal of the state, in such civil actions or proceedings when requested to do so by the attorney general or when the district attorney of the county is required by any statute to do so.
59.42(2)(b)2.
2. Give advice to the board, county park commission, county department under
s. 46.215 or
46.22 and other departments, boards, commissions, committees, agencies or officers of the county, when requested, in all civil matters in which the county or state is interested or relating to the discharge of the official duties of such departments, boards, commissions, committees, agencies or officers; examine all claims against the county for officers', interpreters', witnesses' and jurors' fees in civil actions and examinations, when presented to the county board of supervisors, and report in writing thereto as to the liability of the county for any and all claims of whatever nature filed against it; and act as legislative counsel for the county board of supervisors when so authorized by it.
59.42(2)(b)3.
3. Serve as legal adviser to the county highway commissioner and county highway committee, draw all papers required in the performance of their duties and attend to all civil legal matters in and out of court where the commissioner or committee is a party or wherein the acquisition of lands for state or county highway purposes is concerned.
59.42(2)(b)4.
4. Perform all duties in connection with civil matters relating to the county or any agency, board, commission or officer thereof or to the state within the county that are imposed by any statute upon the district attorney of the county and for such purposes the term "district attorney" wherever it appears in the statutes relating to duties of a civil nature shall, with regard to counties containing a population of 500,000 or more, mean the corporation counsel. Opinions of the corporation counsel shall have the same force and effect as opinions of the district attorney except that in matters relating to elections the district attorney shall have the right of review. After May 17, 1957, the district attorney's powers and duties as to civil matters shall cease to the extent that they are conferred upon the corporation counsel and the district attorney shall be relieved of the responsibility of performing such duties. The corporation counsel may request the attorney general to consult and advise with the corporation counsel in the same manner as district attorneys under
s. 165.25 (3).
59.42(3)
(3) Corporation counsel; attorney designee. In lieu of employing a corporation counsel under
sub. (1) or in addition to employing a corporation counsel under
sub. (1) or
(2) (a), a board shall designate an attorney to perform the duties of a corporation counsel as the need arises. Two or more counties may jointly designate an attorney to perform the duties of a corporation counsel. If an attorney has been designated to perform the duties of a corporation counsel, that person may exercise any powers and perform any duties of the corporation counsel.
59.42 History
History: 1995 a. 201 ss.
158,
324,
329,
330,
332,
333.
59.42 Annotation
Under s. 59.07 (44) [now 59.42 (1)], a corporation counsel may apprise a county board of the consequences, both civil and criminal, which result from specific actions of the board. State v. Davis, 63 W (2d) 75, 216 NW (2d) 31.
59.42 Annotation
A corporation counsel should provide legal advice and representation to ss. 51.42 and 51.437 boards as well as to the county board. 63 Atty. Gen. 468.
59.42 AnnotationAppointment, supervision and removal of corporation counsel discussed.
72 Atty. Gen. 161.
59.43
59.43
Register of deeds; duties, fees, deputies. 59.43(1)(1)
Register of deeds; duties. The register of deeds shall:
59.43(1)(a)
(a) Record or cause to be recorded in suitable books to be kept in his or her office, correctly and legibly all deeds, mortgages, maps, instruments and writings authorized by law to be recorded in his or her office and left with him or her for that purpose, provided such documents have plainly printed or typewritten thereon the names of the grantors, grantees, witnesses and notary. Any county, by a resolution duly adopted by the board, may combine the separate books or volumes for deeds, mortgages, miscellaneous instruments, attachments, lis pendens, sales and notices, certificates of organization of corporations, plats or other recorded or filed instruments or classes of documents as long as separate indexes are maintained. Notwithstanding any other provisions of the statutes, any county adopting a system of microfilming or like process or a system of recording documents by optical imaging or electronic formatting under
ch. 228 may substitute the headings, reel, disk or electronic file name and microfilm image (frame) for volume and page where recorded and different classes of instruments may be recorded, reproduced or copied on or transferred to the same reel, disk or electronic file or part of a reel or disk. All recordings made prior to June 28, 1961, which would have been valid under this paragraph, had this paragraph then been in effect, are hereby validated. In this subsection, "book", if automated recording or indexing equipment is used, includes the meaning given under
sub. (12) (d).
59.43(1)(c)
(c) State upon the record of any instrument the number and denomination of all United States internal revenue stamps that are affixed thereto and shall also state upon the record the real estate transfer fee paid or, if the conveyance is not subject to a fee, the reason for the exemption, citing the relevant subsection of
s. 77.25.
59.43(1)(d)
(d) Keep the books and indexes mentioned in this section and in
s. 84.095 in the manner required.
59.43(1)(e)
(e) Endorse upon each instrument or writing received by the register for record a certificate of the time when it was received, specifying the day, hour and minute of reception and the volume and page where the same is recorded, which shall be evidence of such facts.
59.43(1)(f)
(f) Endorse plainly on each instrument received for record, or file as soon as received a number consecutive to the number affixed to the instrument next previously received according to the numbering now established, and to enter the same in the indexes.
59.43(1)(g)
(g) Safely keep and return to the party entitled thereto, on demand within a reasonable time, every instrument that is left with the register for record not required by law to be kept in the register's office.
59.43(1)(h)
(h) Register, file and index all marriages contracted, deaths and births occurring in the county.
59.43(1)(i)
(i) Make and deliver to any person, on demand and upon payment of the required fees, a certified copy, with the register's official seal affixed, of any record, paper, file, map or plat in the register's office.
59.43(1)(j)
(j) File and safely keep in the register's office all of the records, documents and papers of any post of the Grand Army of the Republic and of any historical society in the register's county.
59.43(1)(k)
(k) Keep a book and record in that book all certificates of organization of corporations, and all amendments of such certificates that are filed or required to be recorded in the register's office, and an alphabetical index of the names of such corporations, with a reference to the number and page of the volume where such writings are recorded respectively.
59.43(1)(L)
(L) File all documents pertaining to security interests in personal property, crops or fixtures that are required or authorized by law to be filed with the register. Except as otherwise prescribed by the department of financial institutions under
ss. 409.403 to
409.406, these documents shall be executed on white or light colored sheets of paper, 8 or 8.5 inches wide and 5, 7, 10.5 or 14 inches long. Whenever there is offered for filing any document that varies more than one-eighth of an inch from the approved size, or that is not on a standard form prescribed by the department of financial institutions, then in addition to the regular filing fee an additional filing fee shall be charged by the register of deeds, as prescribed by
sub. (2). No assignment, release or other instrument shall be offered for filing that is executed or endorsed on any other document, but each shall be a separate and distinct document, except those assignments or notices that are printed or written on and immediately following the original agreement or financing statement, offered for filing at the same time, shall be considered as one document. All of these documents shall be legibly written, and shall have the names of the debtor and secured party plainly printed or typed on the document and shall provide a space for filing data of the register of deeds on the outside of the document.
59.43(1)(m)
(m) Keep these chattel documents in consecutive numerical arrangement, for the inspection of all persons, endorsing on each document the document number and the date and time of reception.
59.43(1)(n)
(n) Upon the filing of a financing statement or other document evidencing the creation of a security interest in personal property or fixtures or in crops growing or to be grown, enter the name of each debtor alphabetically in indices, of which each page shall be divided into columns which shall contain the following information: number of the document, date and time of filing, name and address of debtor, name and address of secured party, name of the document, the amount if any, shown in the document, brief description of property, and the last column set aside for the entry of assignments, continuation statements, termination statements, foreclosure affidavits, extensions and releases pertaining to such financing statements or chattel security documents. If the financing statement evidences the creation of a security interest in fixtures, it also shall be entered in the tract index if one is kept in the county.
59.43(1)(o)
(o) Upon the filing of an assignment, continuation statement, termination statement, foreclosure affidavit, extension or release pertaining to a filed financing statement or other chattel security document, enter the document number and the date and time of filing in the appropriate column of the indices referred to in
par. (n) and on the same line as that on which the entry of the filed financing statement or other chattel security document appears.
59.43(1)(p)
(p) Perform all other duties that are required of the register of deeds by law.
59.43(1)(q)
(q) Record and index writings that are submitted according to
s. 289.31 (3), evidencing that a solid or hazardous waste disposal facility will be established on the particular parcel described in the writings.
59.43(1)(r)
(r) Record and index marital property agreements under
ch. 766 and statements and revocations under
s. 766.59.
59.43(1)(s)
(s) Record and index statements of claim and perform the other duties specified under
s. 706.057 (7).
59.43(1)(t)
(t) Upon commencement of each term, file his or her signature and the impression of his or her official seal or rubber stamp in the office of the secretary of state.
59.43(1)(u)
(u) Submit that portion of recording fees collected under
sub. (2) (ag) 1. and
(e) and not retained by the county to the land information board under
s. 59.72 (5).
59.43(2)
(2) Register of deeds; fees. Every register of deeds shall receive the following fees:
59.43(2)(a)1.1. In this subsection, "page" means one side of a single sheet of paper.
59.43(2)(a)2.
2. Any instrument that is submitted for recording shall contain a blank space at least 2.5 inches by 2.5 inches in size for use by the register of deeds. If the space is not provided, the register of deeds may add a page for his or her use and charge for the page a fee that is established by the county board not to exceed an amount reasonably related to the actual and necessary cost of adding the page.
59.43(2)(ag)1.1. After June 30, 1991, and subject to
s. 59.72 (5), for recording any instrument entitled to be recorded in the office of the register of deeds, $10 for the first page and $2 for each additional page, except that no fee may be collected for recording a change of address that is exempt from a filing fee under
s. 185.83 (1) (b).
Effective date text
1. For recording any instrument entitled to be recorded in the office of the register of deeds, $8 for the first page if the county maintains a land information office under s. 59.72 (3) and $4 for the first page if the county does not maintain such an office, and $2 for each additional page, except that no fee may be collected for recording a change of address that is exempt from a filing fee under s. 185.83 (1) (b).
59.43(2)(ag)2.
2. In the event of conflict in the statutes regarding recording fees,
subd. 1. shall control.
59.43(2)(ar)
(ar) No person may record under this section a single instrument that contains more than one mortgage, or more than one mortgage, being assigned, partially released or satisfied.
59.43(2)(b)
(b) For copies of any records or papers, $2 for the first page plus $1 for each additional page, plus 25 cents for the certificate of the register of deeds, except that the department of revenue is exempt from the fees under this paragraph.
59.43(2)(c)
(c) Notwithstanding any other provision of law the register of deeds with the approval and consent of the board may enter into contracts with municipalities, private corporations, associations, and other persons to provide noncertified copies of the complete daily recordings and filings of documents pertaining to real property for a consideration to be determined by the board which in no event shall be less than cost of labor and material plus a reasonable allowance for plant and depreciation of equipment used.
59.43(2)(d)
(d) For performing functions under
s. 409.407 (1) and
(2) (a) and
(b), the register shall charge the fees stated in
s. 409.407 (2) (a) or
(b). A financing statement and an assignment or notice of assignment of the security interest, offered for filing at the same time, shall be considered as only one document for the purpose of this paragraph. Whenever there is offered for filing any document that is not on a standard form prescribed by the department of financial institutions or that varies more than 0.125 inch from the approved size as prescribed by
sub. (1), the appropriate fee specified in
ss. 409.403 to
409.406 or an additional filing fee of one-half the regular fee, whichever is applicable, shall be charged by the register.
59.43(2)(e)
(e) After June 30, 1991, and subject to
s. 59.72 (5), for filing any instrument which is entitled to be filed in the office of register of deeds and for which no other specific fee is specified, $10 for the first page and $2 for each additional page.
Effective date note
NOTE: Par. (e) is amended eff. 9-1-03 by
1997 Wis. Act 27 to read:
Effective date text
(e) For filing any instrument which is entitled to be filed in the office of register of deeds and for which no other specific fee is specified, $8 for the first page if the county maintains a land information office under s. 59.72 (3) and $4 for the first page if the county does not maintain such an office, and $2 for each additional page.
59.43(2)(f)
(f) The fees for processing vital records or for issuing copies of vital records shall be as provided in
s. 69.22.
59.43(2)(g)
(g) For making a new tract index upon the order of the board, the amount that is fixed by the board, to be paid from the county treasury.
59.43(2)(j)
(j) All fees under this subsection shall be payable in advance by the party procuring the services of the register of deeds, except that the fees for the services performed for a state department, board or commission shall be invoiced monthly to such department, board or commission.
59.43(2m)
(2m) Standard format requirements for recorded documents. 59.43(2m)(a)(a) Except as provided in
pars. (d) and
(e), no document may be recorded in the office of a register of deeds unless it substantially complies with all of the following on the first page of the instrument:
59.43(2m)(a)1.
1. The name of the instrument is clear and is located not less than 0.5 inch nor more than 3 inches from the top of the document. If more than one instrument name is given, the first name given shall be used for indexing purposes.
59.43(2m)(a)2.
2. A horizontal area within 3 inches of the top of the instrument in the upper left corner of the instrument, not less than 0.5 inch by 2 inches, is left blank for the unique document number.
59.43(2m)(a)3.
3. An area in the upper right corner of the instrument, at least 3 inches by 3 inches, is left blank for recording information.
59.43(2m)(a)4.
4. A horizontal area for the return address, at least one inch by 3 inches, is on the instrument in one of the following areas:
59.43(2m)(a)4.a.
a. Directly below the recording information area described under
subd. 3.
