753.061
753.061
Court; branch; judge. 753.061(1)
(1) In each judicial circuit, each judgeship shall be given a branch number. Each branch constitutes a circuit court with all the powers and jurisdiction possessed by circuit courts in circuits having one judge only, and may be designated in all papers and proceedings either by its respective number or by the name of its presiding judge.
753.061(2)
(2) The chief judge of the 1st judicial administrative district shall designate 2 circuit court branches that will primarily handle cases that involve a violation of
ch. 961 involving a controlled substance included in schedule I or II under
ch. 961 or a controlled substance analog of a controlled substance included in schedule I or II under
ch. 961.
753.061(2m)
(2m) The chief judge of the 1st judicial administrative district is authorized to designate 4 circuit court branches to primarily handle violent crime cases that involve a violation of
s. 939.63, if a felony is committed while armed, and of
ss. 940.01 to
940.03,
940.05,
940.06,
940.225,
943.23 (1g), and
943.32 (2). If the circuit court branches are designated under this subsection, 2 shall begin to primarily handle violent crime cases on September 1, 1991, and 2 shall begin to primarily handle violent crime cases on August 1, 1992.
Effective date note
NOTE: Sub. (2m) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(2m) The chief judge of the 1st judicial administrative district is authorized to designate 4 circuit court branches to primarily handle violent crime cases that involve a violation of s. 939.63, if a felony is committed while armed, and of ss. 940.01 to 940.03, 940.05, 940.06, 940.225, 943.23 (1g), (1m) and (1r) and 943.32 (2). If the circuit court branches are designated under this subsection, 2 shall begin to primarily handle violent crime cases on September 1, 1991, and 2 shall begin to primarily handle violent crime cases on August 1, 1992.
753.061(5)
(5) The state shall reimburse the county for the costs of operating one of the 2 circuit court branches designated under
sub. (2m) that begin to primarily handle violent crime cases on September 1, 1991, including the one-time cost of courtroom construction. The costs reimbursable under this subsection shall be paid by the state treasurer to the county treasurer pursuant to a voucher submitted by the clerk of circuit court to the director of state courts and shall be paid from the appropriation under
s. 20.625 (1) (as). The amount reimbursable under this subsection may not exceed $383,100 in the 1991-92 fiscal year and $0 in the 1992-93 fiscal year.
753.061 Annotation
Each court branch is endowed under sub. (10) with the full powers of a circuit court and has the same powers as every other branch. Drow v. Schwarz,
225 Wis. 2d 362,
592 N.W.2d 623 (1999).
753.065
753.065
Naturalization proceedings, venue. For the purposes of naturalization proceedings only, pursuant to federal statutes (
8 USC 1421), the counties of this state shall be considered as one district. A resident of this state who petitions for naturalization may file the petition with the office of clerk of circuit court located in any of the following cities:
753.065 History
History: 1973 c. 12 s.
37;
1977 c. 187 s.
92; Stats. 1977 s. 753.065;
1981 c. 332.
753.07
753.07
Circuit judges; circuit court reporters; assistant reporters; salaries; retirement; fringe benefits. 753.07(1)(1)
Judges and court reporters. Persons serving as county court judges in this state on July 31, 1978, shall be denominated circuit court judges as provided in
chapter 449, laws of 1977, section 491. Persons serving as county court reporters in this state on July 31, 1978, shall be circuit court reporters on August 1, 1978. Persons serving as assistant county court reporters for a court of record, authorized as full-time employees by a county board of supervisors and not paid on a per diem basis and who were employed in that capacity on February 1, 1978, shall be circuit court reporters on August 1, 1978. On August 1, 1978, and thereafter, all circuit court judges in this state shall receive compensation under
s. 20.923, and as state employees shall be subject to
chs. 40 and
230, except as otherwise provided in this section.
753.07(2)
(2) Court personnel; Milwaukee County. Persons serving as circuit court judges and circuit court reporters for Milwaukee County on July 31, 1978, shall have the option of receiving compensation and continuing as participants in the retirement system established under
chapter 201, laws of 1937, as follows:
753.07(2)(a)
(a) The persons shall continue to receive salaries directly payable from the state in the same amount as they were receiving on July 31, 1978, and such salaries are subject to
s. 40.05. The balance of the salaries authorized under
ss. 230.12 and
751.02 for the judges and reporters shall be paid by the state treasurer to the county treasurer pursuant to a voucher submitted by the clerk of circuit court to the director of state courts. The county treasurer shall pay the amounts directly to the judges and reporters and the amounts paid are subject to the retirement system established under
chapter 201, laws of 1937.
753.07(2)(b)
(b) The state shall pay to the county treasurer in the manner specified in
par. (a) on behalf of the judges and reporters the required employer contribution rate as provided under
s. 40.05. If the required employer contribution rate under the retirement system established under
chapter 201, laws of 1937 is greater than the required employer contribution rate under
s. 40.05, the state shall pay 50% of the difference to the county treasurer. For future retirement benefits, these judges and reporters shall be given the same consideration as other elected county officials and county employees under the county's retirement system.
753.07(3)
(3) Same. Persons serving as county court judges, county court reporters and assistant county court reporters, as specified in
sub. (1), for Milwaukee County on July 31, 1978, shall have the option of receiving compensation and continuing in the retirement system established under
chapter 201, laws of 1937 as follows:
753.07(3)(a)
(a) The salaries authorized under
ss. 230.12 and
751.02 for the judges and reporters shall be paid by the state treasurer to the county treasurer pursuant to a voucher submitted by the clerk of circuit court to the director of state courts. The county treasurer shall pay the amounts directly to the judges and reporters and the amounts paid shall be subject to the retirement system established under
chapter 201, laws of 1937.
753.07(3)(b)
(b) The state shall pay to the county treasurer in the manner specified in
par. (a) on behalf of the judges and reporters the required employer contribution rate as provided under
s. 40.05. If the required employer contribution rate under the retirement system established under
chapter 201, laws of 1937 is greater than the required employer contribution rate under
s. 40.05, the state shall pay 50% of the difference to the county treasurer. For future retirement benefits, the judges and reporters shall be given the same consideration as other elected county officials and county employees under the county's retirement system. Reporters covered under this subsection may be discharged only for cause and in connection therewith shall be afforded the same rights to a hearing and appeal as employees in the classified state service.
753.07(4)
(4) Court personnel; options. As state employees, county court judges, county court reporters and assistant county court reporters, as specified in
sub. (1), who are denominated or become circuit court judges and reporters on August 1, 1978, and persons serving as circuit court judges and circuit court reporters for Milwaukee County on July 31, 1978, shall have the option of remaining as participants under county life and health insurance programs to the extent of their participation in such programs on February 1, 1978. The state treasurer shall semiannually pay to the county treasurer, pursuant to a voucher submitted by the clerk of circuit court to the director of state courts, an amount equal to the state contribution for life and health insurance for other comparable state employees. The county shall pay the cost of any premiums for life and health insurance exceeding the sum of the state contribution and the employee contribution as required under the county programs.
753.07(5)
(5) Exercised in writing. The options to remain under county programs under this section shall be exercised in writing on forms provided by the director of state courts not later than November 1, 1978, and the action shall apply retrospectively to August 1, 1978.
753.07(6)
(6) Determination. In this section, "required employer contribution rate" means the total amount paid to the retirement fund for similar participants including actuarially determined current costs, any prior service amortization costs and any amount of employee contributions presently paid by the employer. These required employer contribution rates are subject to annual redetermination by the actuaries of the respective retirement systems; however, the contribution rates for elected public officials and other employees shall be determined separately when the calculations are actuarially available from the Wisconsin retirement system and adopted by the employee trust funds board.
753.07 History
History: 1973 c. 90;
1977 c. 187 s.
92;
1977 c. 418 ss.
748,
749;
1977 c. 449; Stats. 1977 s. 753.07; Sup. Ct. Order, 88 Wis. 2d xiii (1979);
1981 c. 96 ss.
55,
56,
67;
1981 c. 353 ss.
6,
13.
753.073
753.073
Expenses. A circuit judge shall be reimbursed by the state for actual and necessary itemized expenses incurred in the discharge of judicial duty outside the county of residence, and in attending meetings of the judicial conference or the committees thereof, and as a judge designated to serve on the judicial administrative committee or the subcommittees thereof.
753.073 History
History: 1971 c. 254 s.
19;
1977 c. 187 ss.
92,
135;
1977 c. 273,
449; Sup. Ct. Order, 88 Wis. 2d xiii (1979).
753.075
753.075
Reserve judges; service. 753.075(1)(a)
(a) "Permanent reserve judge" means a judge appointed by the chief justice to serve an assignment for a period of 6 months. Permanent reserve judges shall perform the same duties as other judges and may be reappointed for subsequent periods.
753.075(1)(b)
(b) "Temporary reserve judge" means a judge appointed by the chief justice to serve such specified duties on a day-by-day basis as the chief justice may direct.
753.075(2)
(2) Eligibility. The chief justice of the supreme court may appoint any of the following as a reserve judge:
753.075(2)(a)
(a) Any person who has served a total of 6 or more years as a supreme court justice, a court of appeals judge or a circuit judge.
753.075(2)(b)
(b) Any person who was eligible to serve as a reserve judge before May 1, 1992.
753.075(3)(a)(a) Temporary reserve judges shall receive a per diem of $255.66. Commencing August 1, 1998, the per diem for temporary reserve judges shall be increased by the same percentage increase authorized for circuit court judges' salaries. While serving outside the county in which they reside temporary reserve judges shall also receive actual and necessary expenses incurred in the discharge of judicial duties. This per diem compensation is not subject to
s. 40.26 but the combined amount of this compensation and any other judicial compensation together with retirement annuities under the Wisconsin retirement system, the Milwaukee County retirement fund and other state, county, municipal, or other Wisconsin governmental retirement funds received by him or her during any one calendar year shall not exceed the yearly compensation of a circuit judge. The per diem compensation and actual and necessary expenses shall be paid from the appropriation under
s. 20.625 (1) (a) when the judge is assigned to a circuit court and from the appropriation under
s. 20.660 (1) (a) when the judge is assigned to the court of appeals.
753.075(3)(b)
(b) Permanent reserve judges shall receive compensation equal to the compensation for the 6-month period of a judge of the court to which they are assigned. This compensation is not subject to
s. 40.26 but the combined amount of this compensation and any other judicial compensation together with retirement annuities under the Wisconsin retirement system, the Milwaukee County retirement fund or other state, county, municipal or other Wisconsin governmental retirement funds received by him or her during any one calendar month shall not exceed one-twelfth of the yearly compensation of a circuit judge. Permanent reserve judges shall receive health insurance calculated under
ss. 40.05 (4) and
40.52 (1) or
(2) and vacation benefits calculated under
s. 230.35 (1). Compensation for permanent reserve judges shall be paid from the appropriation under
s. 20.625 (1) (b).
753.075 Annotation
This section does not affect a presiding judge's powers and jurisdiction. Starke v. Village of Pewaukee,
85 Wis. 2d 272,
270 N.W.2d 219 (1978).
753.077
753.077
Preservation of judgments. All judgments of county courts which were entered prior to August 1, 1978, are judgments of the circuit court for the county where the judgment was entered. No such judgment may have any other effect than the judgment had when it was originally entered.
753.077 History
History: 1977 c. 449.
753.09
753.09
Jury. The jurors shall be summoned to appear at such time as the presiding judge directs.
753.09 History
History: 1977 c. 187 s.
92;
1977 c. 449; Stats. 1977 s. 753.09.
753.10
753.10
Attendance of officers, pay; opening court. 753.10(3)(3) Unless otherwise directed by the presiding judge, no officer, other than the clerk, shall be paid for attending court or the judge if the court is not engaged in the trial of jury cases. Every officer attending court upon the order of the presiding judge shall have the same powers and authority as the sheriff, and shall be paid out of the county treasury, upon the certificate of the judge, compensation equal to that fixed by the county board. No such officer may be paid for any day when the court is not in session unless specially ordered by the presiding judge.
753.10(4)
(4) When the court is opened by proclamation it shall be in the following words:
Hear ye! hear ye! hear ye! the circuit court for the county of .... is now open. Silence is commanded.
753.10 History
History: 1977 c. 187 s.
92;
1977 c. 334; Stats. 1977 s. 753.10.
753.19
753.19
Operating costs; circuit court. The cost of operation of the circuit court for each county, except for the salaries of judges and court reporters provided to be paid by the state, and except for the cost assumed by the state under this chapter and
chs. 40 and
230, and except as otherwise provided, shall be paid by the county.
753.19 History
History: 1973 c. 81;
1975 c. 126,
199;
1977 c. 187 ss.
92,
135;
1977 c. 449; Stats. 1977 s. 753.19;
1981 c. 96.
753.19 Annotation
The county in which proceedings are brought must pay the fee of an appointed guardian ad litem. Romasko v. Milwaukee,
108 Wis. 2d 32,
321 N.W.2d 123 (1982).
753.19 Annotation
Services of appointed counsel for non-indigent individuals in civil commitment hearings should be paid for by the county. State ex. rel. Chiarkas v. Skow,
160 Wis. 2d 123,
465 N.W.2d 625 (1991).
753.19 Annotation
The state public defender, not the county, was obligated to pay the costs of a necessary expert witnesses hired by an appointed private attorney without prior approval as required by rule. Payment of Witness Fees in State v. Huisman,
167 Wis. 2d 168,
482 N.W.2d 665 (Ct. App. 1992).
753.22
753.22
When court to be held. If a matter appointed to be heard at a specified time is not heard at the time appointed, it stands continued and may be heard at any time, unless the court orders otherwise.
753.22 History
History: 1977 c. 449.
753.23
753.23
Night and Saturday sessions. In each circuit having 4 or more branches, at least one branch shall schedule and hold sessions at least one Saturday and 2 evenings after 6 p.m. per month. In each circuit having 2 or 3 branches, at least one branch shall hold one session per month on Saturday or in the evening after 6 p.m. In single branch circuits, Saturday and evening sessions may be held as the convenience of the litigants requires.
753.23 History
History: 1977 c. 449.
753.24
753.24
Where court to be held. 753.24(1)
(1) Circuit court shall be held regularly at the county seat.
753.24(2)
(2) Provision may be made, by court rule, for holding court in any city, village or town in the county other than the county seat where the court finds that there are adequate facilities provided and there is sufficient business to warrant holding court.
753.24(3)
(3) If court is held in a city or village located partly in the county from which the judge was elected and partly in another, the judge may hold court, except for trials of criminal offenses, anywhere in that city or village, the same as if it were entirely within the county from which he or she was elected.
753.24 History
History: 1977 c. 449;
1993 a. 246.
753.26
753.26
Office and records to be kept at county seat. Except in branches Nos. 4, 5, and 7 of the circuit court for Rock County, every circuit judge in this state shall maintain in his or her office, at the county seat of the county in which the judge holds office, all of the books, papers, and records of the court. The office and the books, papers, and records of the circuit judge shall at all reasonable times be open to access and inspection by any person having any business with the books, papers, and records of the court, except as otherwise provided by law. Originals of judgments or orders made under circuit court jurisdiction of branches Nos. 4, 5, and 7 of the Rock County circuit court in Beloit, shall be kept at the county seat.
753.30
753.30
Clerk of circuit court; duties, powers. 753.30(1)
(1) The clerk of circuit court shall keep the books and records under
s. 59.40 (2) (a) to
(i) and
ch. 799 and perform the duties under
s. 59.40 (2) (j) to
(q) for all matters in the circuit court except those under
chs. 48 and
851 to
880.In counties having only one circuit judge, the circuit judge, with the approval of the chief judge of the judicial administrative district, may appoint the clerk of court register in probate. The appointments are revocable at the pleasure of the circuit judge. Appointments and revocations shall be in writing and shall be filed in the office of the register in probate. If appointed for this purpose, the clerk has the powers and duties of registers in probate. In prosecutions of ordinance violations in the circuit court in counties having a population of 500,000 or more, an assistant chief deputy clerk appointed under
sub. (3) (a), or one of his or her deputies, shall enter upon the records of the court a statement of the offense charged, which shall stand as the complaint, unless the court directs formal complaint be made. The defendant's plea shall be guilty or not guilty, and shall be entered as not guilty on failure to plead, which plea of not guilty shall put all matters in such case at issue, any other provisions of law notwithstanding.
753.30(2)
(2) In counties with multibranch circuit courts, the clerk of circuit court may appoint one or more deputies for each branch. A deputy appointed to serve a particular branch may serve any other branch of the circuit court.
753.30(3)
(3) In counties having a population of 500,000 or more the clerk of the circuit court shall:
753.30(3)(a)
(a) Appoint, under
ss. 63.01 to
63.16, an assistant chief deputy clerk for the exclusive handling of the clerk's work in all criminal and ordinance matters in circuit courts, but the clerk of the circuit court or such chief deputy clerk shall sign all extradition requisition papers as required by law.
753.30(3)(a)1.
1. The assistant chief deputy clerk or one of his or her deputies shall be present at each session of the circuit court assigned criminal and traffic cases and shall perform all ministerial acts required by and under the direction of the judges, and when the court is not in session, may take bail for the appearance of any person under arrest before the courts for a misdemeanor or a traffic violation, subject to revision by the courts; the clerk or one of his or her deputies, shall issue all processes under the clerk's hand and the seal of the court and attest it in the name of the judge, signing it by the title of office, and shall tax costs; the clerk or one of his or her deputies, may issue warrants upon complaint filed in writing and upon oath in all cases. The complaints, warrants, recognizance, commitments, attachments, venires, subpoenas and all other writs and papers in the courts shall be in substance in the form provided by rules duly adopted and published by the judicial conference.
753.30(3)(a)2.
2. In prosecutions of ordinance violations in the court, the clerk, or one of the clerk's deputies, shall enter upon the records of the court a statement of the offense charged, which shall stand as the complaint, unless the court directs formal complaint to be made; then the defendant's plea shall be guilty or not guilty, and shall be entered as not guilty on failure to plead, which plea of not guilty shall put all matters in the case at issue, any other provision of law notwithstanding.
753.30(3)(a)3.
3. The clerk and deputies and the police officers attending the circuit court branches assigned criminal and traffic cases and serving its process shall receive no fee.
753.30(3)(b)
(b) Appoint, under
ss. 63.01 to
63.16, an assistant chief deputy clerk of circuit court for the exclusive handling of the clerk's work in all civil matters in circuit court excluding probate and juvenile matters.
