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 Wis. 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 probate 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 Wis. 2d 94,
454 N.W.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 Wis. 2d 1,
531 N.W.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 Wis. 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 Wis. 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 Wis. 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 U.S. 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 Wis. 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 Wis. 2d 256,
328 N.W.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.
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 Wis. 2d xxv (1990);
1991 a. 39,
269;
1993 a. 318,
451,
481;
1995 a. 77;
1997 a. 191,
192,
292;
1999 a. 32.
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 Wis. 2d 59,
352 N.W.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.
