757.68
757.68
Circuit court commissioners. 757.68(1)
(1) Subject to
subs. (2m) to
(5m), in every county organized for judicial purposes, the county board shall establish the number of circuit court commissioner positions necessary for the efficient administration of judicial business within the circuit courts of the county. The circuit court commissioners may be employed on a full-time or part-time basis.
Chapter 75 of the supreme court rules shall govern the qualifications for, and appointment, supervision, training, evaluation, and discipline of, circuit court commissioners. Any person qualified and acting as a judicial court commissioner on August 1, 1978, shall be considered a circuit court commissioner and shall continue in the classified county civil service but any person appointed as a court commissioner after August 1, 1978, shall be in the unclassified civil service. Each circuit 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(2m)(a)1.1. `Appointment.' In each county, except in a county having a population of 500,000 or more, the chief judge of the judicial administrative district shall, by order filed in the office of the clerk of the circuit court on or before the first Monday of July of each year, appoint a circuit court commissioner to supervise the office of family court commissioner for the county.
757.68(2m)(a)2.
2. `Powers; civil service; oath; temporary appointment; assistants.' The circuit court commissioner appointed to supervise the office of family court commissioner is in addition to the maximum number of circuit court commissioners permitted by
sub. (1). The circuit court commissioner supervising the office of family court commissioner, or any circuit court commissioner assisting in family matters, may be placed under a county civil service system by resolution of the county board.
757.68(2m)(b)
(b) Milwaukee County. In counties having a population of 500,000 or more, there is created in the classified civil service a circuit court commissioner position to supervise the office of family court commissioner and such additional circuit court commissioner positions as the county board shall determine and authorize. Circuit court commissioners shall be appointed to these positions by the chief judge of the judicial administrative district under
SCR 75.02 (1).
757.68(3m)
(3m) The board of supervisors of any county may establish one or more circuit court commissioner positions on a part-time or full-time basis to assist in matters affecting juveniles. A circuit court commissioner under this subsection shall serve at the discretion of the chief judge.
757.68(4m)
(4m) In counties having a population of 500,000 or more, there is created in the classified civil service a circuit court commissioner position to supervise the office of probate court commissioner and to assist the court in probate matters. In counties having a population of at least 100,000 but not more than 500,000, the county board may create a circuit court commissioner position to supervise the office of probate court commissioner and to assist in probate matters. That position may be in the classified civil service. If the chief judge delegates that authority to a judge assigned to probate jurisdiction, that judge may assign to the circuit court commissioner any matters over which the judge has jurisdiction, and the circuit court commissioner may determine such matters and may sign any order or certificate required by that determination.
757.68(5m)
(5m) In counties having a population of 500,000 or more, the county board shall establish at least one circuit court commissioner position on a full-time basis to assist in small claims matters under
ch. 799. In counties having a population of less than 500,000, the county board may establish one or more circuit court commissioner positions on a part-time or full-time basis to assist in small claims matters under
ch. 799.
757.68(6)
(6) The county board shall set the salary of persons appointed as circuit court commissioners. The county board shall furnish circuit court commissioners with necessary office space, furnishings, supplies, and services.
757.68(7)
(7) The chief judge of the judicial administrative district may assign law clerks, bailiffs, and deputies to a circuit court commissioner. The chief judge shall supervise those law clerks, bailiffs, and deputies assigned to the court, except that the chief judge may delegate that authority.
757.68(8)
(8) Each circuit court commissioner shall participate in programs of continuing circuit court commissioner education required by the supreme court. The supreme court shall charge a fee for the costs of the continuing education programs required under this subsection. All moneys collected under this subsection shall be credited to the appropriation account under
s. 20.680 (2) (ga).
757.69
757.69
Powers and duties of circuit court commissioners. 757.69(1)(1) A circuit court commissioner 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, determine probable cause to support a warrantless arrest, conduct initial appearances of persons arrested, set bail, inform the defendant in accordance with
s. 970.02 (1), and refer the person to the authority for indigency determinations specified under
s. 977.07 (1). A circuit court commissioner employed on a full-time basis may conduct the preliminary examination and arraignment and, with the consent of both the state and the defendant, accept a guilty plea. If a court refers a disputed restitution issue under
s. 973.20 (13) (c) 4., the circuit 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 assist a court in juvenile matters:
757.69(1)(g)2.
2. Order the release or detention of children or expectant mothers of unborn children taken into custody.
757.69(1)(g)7.
7. 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.
757.69(1)(g)8.
8. Conduct hearings under
s. 48.21 or
938.21 and thereafter order a child or juvenile held in or released from custody.
757.69(1)(g)9.
9. Conduct hearings under
s. 48.213 and thereafter order an adult expectant mother of an unborn child to be held in or released from custody.
757.69(1)(g)12.
12. Issue orders requiring compliance with deferred prosecution agreements.
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)(k)
(k) Administer oaths, take, certify, and report depositions and testimony, take and certify acknowledgments, allow accounts, and fix the amount and approve the sufficiency of bonds.
757.69(1)(m)
(m) Hold hearings, make findings, and issue temporary restraining orders and injunctions under
s. 813.12 or
813.125.
757.69(1)(p)
(p) When assigned to assist in matters affecting the family:
757.69(1)(p)1.
1. Preside at any hearing held to determine whether a judgment of divorce shall be granted, if both parties state that the marriage is irretrievably broken and that all material issues, including but not limited to division of property or estate, legal custody, physical placement, child support, spousal maintenance and family support, are resolved or if one party does not participate in the action for divorce. A circuit court commissioner may grant and enter judgment in any action over which he or she presides under this subdivision unless the judgment modifies an agreement between the parties on material issues. If the circuit court commissioner does not approve an agreement between the parties on material issues, the action shall be certified to the court for trial.
757.69(1)(p)2.
2. Conduct hearings and enter judgments in actions for enforcement of, or revision of judgment for, maintenance, custody, physical placement or visitation.
757.69(1)(p)3.
3. Except when prohibited by the chief judge of the judicial administrative district, conduct hearings and enter orders and judgments in actions to establish paternity, in actions to establish or enforce a child support or a family support obligation and in actions to revise orders or judgments for child support or family support.
757.69(1m)
(1m) Circuit court commissioners assigned to assist a court in juvenile matters shall sit at the children's court center, the usual court facility for juvenile matters, or such other facility designated by the chief judge of the judicial administrative district. Those commissioners may not do any of the following:
757.69(1m)(a)
(a) Conduct fact-finding or dispositional hearings except on petitions or citations under
s. 938.125 and except as provided in
sub. (1) (g) 5.
757.69(1m)(b)
(b) Make dispositions other than approving consent decrees, ordering compliance with deferred prosecution agreements and ordering dispositions in uncontested proceedings under
s. 48.13,
48.133,
938.12, or
938.13.
757.69(1m)(c)
(c) Conduct hearings for the termination of parental rights or for adoptions.
757.69(1m)(d)
(d) Make changes in placements of children, of juveniles, or of the expectant mothers of unborn children, or revisions or extensions of dispositional orders, except pursuant to petitions or citations under
s. 938.125 and in uncontested proceedings under
s. 48.13,
48.133,
938.12, or
938.13.
757.69(2)
(2) A judge may refer to a circuit court commissioner cases in which:
757.69(2)(a)
(a) The trial of an issue of fact requires the examination of an account, in which case the circuit 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(2m)
(2m) Circuit court commissioners may exercise, under their own authority, all of the powers listed under
s. 757.675 (2) to
(5).
757.69(2t)
(2t) A circuit court commissioner shall cooperate with the county and the department to ensure that all dependent children receive reasonable and necessary child support.
757.69(8)
(8) Any decision of a circuit court 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 a circuit court commissioner may be certified to the branch of court to which the case has been assigned, upon a motion of any party for a hearing de novo.
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;
2001 a. 16;
2001 a. 61 ss.
93 to
109,
173,
175,
177,
180;
2001 a. 105.
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 circuit or supplemental 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. 757.675 (2) (h) or depositions taken before a circuit or supplemental court commissioner.
757.70 History
History: 1977 c. 323;
2001 a. 61.
757.81(1)
(1) "Commission" means the judicial commission created by
s. 757.83.
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) Willful violation of a rule of the code of judicial ethics.
757.81(4)(b)
(b) Willful 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 circuit or supplemental 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
The provisions for judicial disciplinary proceedings under ss. 757.81 to 757.99 are constitutional. In Matter of Complaint Against Seraphim,
97 Wis. 2d 485,
294 N.W.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.
757.83 Cross-reference
Cross Reference: See also
JC, Wis. adm. code.
