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 or expectant mothers of unborn children taken into custody, conduct detention and shelter care hearings, conduct preliminary appearances, conduct uncontested proceedings under
ss. 48.13,
48.133,
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.
Effective date note
NOTE: Par. (o) was created as par. (n) by
1997 Wis. Act 192 and renumbered by the revisor under s. 13.93 (1) (b), all eff. 12-1-99.
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.
757.69(3)(d)
(d) Supervise accountings subsequent to a sale of land under
ch. 75.
757.69(3)(g)
(g) Except as provided in
s. 767.13 (5) (c), conduct a paternity proceeding according to the procedures set out in
ch. 767 whenever a court commissioner is specifically authorized to do so.
757.69(3)(h)
(h) Conduct supplementary hearings on the present financial status of a debtor and exercise the powers of the court under
ss. 816.04,
816.08 and
816.11.
757.69(4)
(4) In addition to the duties expressly set forth in
sub. (3) (a) to
(c), a court commissioner may perform other ministerial duties as required by a court.
757.69(5)
(5) A court commissioner may transfer to a court any matter in which it appears that justice would be better served by such a transfer.
757.69(6)
(6) Every judge of a court of record has the powers and duties of a court commissioner.
757.69(7)
(7) A court commissioner shall refer to a court of record for appropriate action every alleged showing of contempt in the carrying out of the lawful decisions of the commissioner.
757.69 History
History: 1977 c. 323,
449;
1979 c. 32;
1979 c. 89;
1979 c. 209 s.
4;
1979 c. 352,
356;
1983 a. 279;
1985 a. 126,
202,
234,
332;
1987 a. 3,
27,
71,
378,
398;
1989 a. 7,
12,
31,
246; Sup. Ct. Order, 158 W (2d) xxv (1990);
1991 a. 39,
269;
1993 a. 318,
451,
481;
1995 a. 77;
1997 a. 191,
192,
292; s. 13.93 (1) (b).
757.69 Note
Judicial Council Note, 1987: Sub. (3) (h), stats., is amended to clarify that a court commissioner who conducts a hearing on the present financial status of a judgment debtor may appoint a receiver in aid of execution, direct the application of nonexempt assets to the satisfaction of the judgment, and allow fees, costs and disbursements to the judgment creditor or any party at the hearing. [87 Act 71]
Effective date note
Judicial Council Note, 1990: The amendments to subs. (1), (2) and (3) give juvenile court commissioners, probate court commissioners and family court commissioners the same authority as court commissioners appointed under s. 757.68, and allow court commissioners appointed under s. 757.68 to be delegated the authority to act as juvenile court commissioners, probate court commissioners or family court commissioners. [Re Order eff. 1-1-91]
757.69 Annotation
Failure of judge to formally authorize commissioner to issue search warrants was nothing more than judicial oversight and did not justify suppression of evidence. State v. Verkuylen, 120 W (2d) 59, 352 NW (2d) 668 (Ct. App. 1984).
757.69 Annotation
Non-lawyer court reporters cannot be delegated power to issue criminal warrants and conduct initial appearances under (1) (b).
72 Atty. Gen. 39.
757.695
757.695
Court commissioners; small claims matters. If a court commissioner has been appointed under
s. 757.68 (1) (b) to assist in the administration of small claims matters, the commissioner shall conduct the hearings and proceedings as prescribed by
ch. 799 and shall have the following additional duties and authority:
757.695(1)
(1) Grant and enter default judgments and approve stipulations.
757.695(2)
(2) Conduct conferences and hearings with the parties or their attorneys or both on the return dates and adjourned dates, if any.
757.695(3)
(3) Issue decisions in matters that come before the commissioner. The decisions shall become judgments under
s. 799.207 (2).
757.695 History
History: 1977 c. 345;
1979 c. 32 s.
92 (16).
757.70
757.70
Hearings before court commissioners. 757.70(1)
(1) All proceedings and hearings before a court commissioner shall be public and open to every citizen, except juvenile proceedings or when it is necessary for the court in which the action or proceeding is pending to impose by order restrictions under its inherent power to conduct proceedings in camera.
757.70(2)
(2) All hearings before a court commissioner shall be held in the county courthouse or other court facilities provided by law. This provision does not apply to nontestimonial proceedings, supplementary hearings on the present financial status of a debtor under
s. 757.69 (3) (h) or depositions taken before a court commissioner.
757.70 History
History: 1977 c. 323.
757.72
757.72
Office of probate court commissioner. 757.72(1)
(1) In counties having a population of 500,000 or more, there is created in the classified civil service the office of probate court commissioner. In counties having a population of at least 100,000 but not more than 500,000, the county board may create the office of probate court commissioner which may be in the classified civil service.
757.72(2)
(2) Judges assigned probate jurisdiction may assign to the probate court commissioners any matters over which the judges have jurisdiction, and the probate court commissioners may determine such matters and may sign any order or certificate required in such determination.
757.72(3)
(3) Probate court commissioners shall receive such salary and be furnished with quarters, necessary office furnishings and supplies as determined by the county board.
757.72(4)
(4) In counties having a population of 500,000 or more the chief judge of the judicial administrative district shall appoint and may remove probate court commissioners under
ss. 63.01 to
63.17. In counties having a population of at least 100,000 but not more than 500,000 the chief judge shall appoint and may remove any probate court commissioner if cause is proven. Probate court commissioners shall be attorneys licensed to practice in this state.
757.72(5)
(5) The register in probate of a county shall have the duties and powers of a probate court commissioner and shall act in that capacity when designated to do so by a judge assigned probate jurisdiction.
757.72(6)
(6) Before entering upon the performance of their duties, probate court commissioners shall take and file the official oath.
757.72(7)
(7) Probate court commissioners shall by virtue of their respective positions, and to the extent required for the performance of their duties, each have the powers of a court commissioner.
757.72(8)
(8) The probate court commissioners may administer oaths, take depositions and testimony, and certify and report the depositions and testimony, take and certify acknowledgments, allow accounts and fix the amount and approve the sufficiency of bonds.
757.72 History
History: 1977 c. 323,
449.
757.81(1)
(1) "Commission" means the judicial commission created by
s. 757.83.
757.81(2)
(2) "Court commissioner" means a court commissioner under
s. 757.68, a family court commissioner under
s. 767.13, a juvenile court commissioner under
s. 48.065 or
938.065 and a probate court commissioner under
s. 757.72.
757.81(3)
(3) "Judge" means a judge of any court established by or pursuant to
article VII, section 2 or 14, of the constitution, or a supreme court justice.
757.81(4)
(4) "Misconduct" includes any of the following:
757.81(4)(a)
(a) Wilful violation of a rule of the code of judicial ethics.
757.81(4)(b)
(b) Wilful or persistent failure to perform official duties.
757.81(4)(c)
(c) Habitual intemperance, due to consumption of intoxicating beverages or use of dangerous drugs, which interferes with the proper performance of judicial duties.
757.81(5)
(5) "Panel" means a judicial conduct and disability panel constituted under
s. 757.87.
757.81(6)
(6) "Permanent disability" means a physical or mental incapacity which impairs the ability of a judge or court commissioner to substantially perform the duties of his or her judicial office and which is or is likely to be of a permanent or continuing nature.
757.81 Annotation
Provisions for judicial disciplinary proceedings under 757.81 to 757.99 are constitutional. In Matter of Complaint Against Seraphim, 97 W (2d) 485, 294 NW (2d) 485 (1980).
757.83
757.83
Judicial commission. 757.83(1)(a)(a) There is created a judicial commission of 9 members: 5 nonlawyers nominated by the governor and appointed with the advice and consent of the senate; one trial judge of a court of record and one court of appeals judge appointed by the supreme court; and 2 members of the state bar of Wisconsin, who are not judges or court commissioners, appointed by the supreme court. The commission shall elect one of its members as chairperson.
757.83(1)(b)
(b) The term of a member is 3 years, but a member shall not serve more than 2 consecutive full terms. A vacancy is filled by the appointing authority for the unexpired term. Members of the commission shall receive compensation of $25 per day for each day on which they were actually and necessarily engaged in the performance of their duties and shall be reimbursed for expenses necessarily incurred as members of the commission.
757.83(2)
(2) Quorum; voting. A majority of the commission constitutes a quorum. The commission may issue a formal complaint or a petition only upon a finding of probable cause by a majority of the total membership not disqualified from voting. A member must be present to vote on the question of probable cause. A member shall not participate in any matter if a judge similarly situated would be disqualified in a court proceeding.
757.83(3)
(3) Rules. The commission shall promulgate rules under
ch. 227 for its proceedings.
757.83(4)
(4) Staff. The judicial commission shall hire an executive director, and may hire one staff member, in the unclassified service. The executive director shall be a member of the state bar of Wisconsin and shall provide staff services to the judicial commission and the judicial council.
757.85
757.85
Investigation; prosecution. 757.85(1)(a)(a) The commission shall investigate any possible misconduct or permanent disability of a judge or court commissioner. Misconduct constitutes cause under
article VII, section 11, of the constitution. Except as provided in
par. (b), judges, court commissioners, clerks, court reporters, court employes and attorneys shall comply with requests by the commission for information, documents and other materials relating to an investigation under this section.
757.85(1)(b)
(b) The judge or court commissioner who is under investigation is not subject to the request procedure under
par. (a) but is subject to the subpoena procedure under
sub. (2).
757.85(2)
(2) The commission may issue subpoenas to compel the attendance and testimony of witnesses and to command the production of books, papers, documents or tangible things designated in the subpoena in connection with an investigation under this section.
757.85(3)
(3) The commission may notify a judge or court commissioner that the commission is investigating possible misconduct by or permanent disability of the judge or court commissioner. Before finding probable cause, the commission shall notify the judge or court commissioner of the substance of the complaint or petition and afford the judge or court commissioner a reasonable opportunity to respond. If the judge or court commissioner responds, the commission shall consider the response before it finds probable cause.
