758.19(4)
(4) The director of state courts may develop, promote, coordinate and implement circuit court automated information systems that are compatible among counties using the moneys appropriated under
s. 20.680 (2) (j). If the director of state courts provides funding to counties as part of the development and implementation of this system, the director of state courts may provide funding to counties with 1 or 2 circuit court judges for a minicomputer system only up to the level of funding that would have been provided had the county implemented a microcomputer system. In those counties with 1 or 2 circuit court judges, any costs incurred to implement a minicomputer system not funded under this subsection shall be paid by the county. Those counties may use that minicomputer system for county management information needs in addition to the circuit court automated information system use.
758.19(5)(a)(a) In this subsection, "court costs" means one or more of the following costs:
758.19(5)(a)2.
2. Fees for expert witnesses called by the guardian ad litem under
s. 767.045 (6) if either or both parties are unable to pay those fees.
758.19(5)(a)3.
3. Witness fees set under
s. 814.67 (1) (b) 1. and
(c) for witnesses called by the court on its own motion or called by, or subpoenaed at the request of, a district attorney, the state public defender or a private attorney appointed under
s. 977.08. Nothing in this subdivision affects the determination of who is obligated to pay for fees set under
s. 814.67 (1) (b) 1. and
(c) for witnesses called by, or subpoenaed at the request of the state public defender or a private attorney appointed under
s. 977.08.
758.19(5)(a)4m.
4m. Fees for expert witnesses appointed under
s. 907.06 by the court on its own motion or by the court at the request of the district attorney, the state public defender or a private attorney appointed under
s. 977.08 or by the court upon agreement of the district attorney, the state public defender or a private attorney appointed under
s. 977.08. Nothing in this subdivision affects the determination of who is obligated to pay fees for an expert witness appointed under
s. 907.06.
758.19(5)(a)5.
5. Fees for witnesses or expert witnesses subpoenaed by the court at the request of the district attorney, coroner or medical examiner under
s. 979.06 (1) and
(2).
758.19(5)(a)6.
6. Salary and fringe benefits for judicial assistants for circuit court judges.
758.19(5)(a)8.
8. Any other court costs, except costs related to courtroom security, including security personnel, and costs related to rent, utilities, maintenance, rehabilitation and construction of court facilities.
758.19(5)(b)
(b) From the appropriation under
s. 20.625 (1) (d), the director of state courts shall make payments to counties totaling $9,369,800 within 30 days after October 29, 1999, and on every July 1 and January 1 thereafter, which the director of state courts shall distribute as follows:
758.19(5)(b)1.
1. For each circuit court branch in the county, $42,275.
758.19(5)(b)2.
2. In addition to the payment under
subd. 1., for each county with one or less circuit court branches, $5,000 in the 1995-96 fiscal year and $10,000 in each fiscal year thereafter.
758.19(5)(b)3.
3. In addition to the payment under
subd. 1., for each county with more than one circuit court branch, a payment equal to the county's proportion of the state population times the amount remaining after the payments are made under
subds. 1. and
2.
758.19(5)(c)
(c) For those counties that share the services of one or more circuit court branches, the director of state courts shall annually determine the proportional share of that circuit court branch for each county based on the circuit court branch case load in each county.
758.19(5)(d)
(d) Except as provided in
par. (e), no action is required of and no condition may be imposed on a county to receive a payment under
par. (b), including applying for, submitting information in connection with, entering into a memorandum of understanding concerning or making any other agreement regarding the payment. Except as provided in
pars. (f) and
(g), the director of state courts may not withhold payment under
par. (b) to a county.
758.19(5)(e)
(e) No later than July 1, 1994, and no later than July 1 of each year thereafter, each county shall submit to the director of state courts, in a format that is established by the director of state courts, information regarding the amount of actual court costs that the county incurred in the previous calendar year for each of the court costs listed in
par. (a) 1. to
8.
758.19(5)(f)
(f) A county that fails to meet the requirements under
par. (e) is not eligible for a payment under
par. (b) for one year after the July 1 that the information was not provided, or until the information is provided, whichever is earlier. Except as provided in this paragraph and
par. (g), the information regarding the amount of actual costs reported under
par. (e) does not affect the amount paid to a county under
par. (b).
758.19(5)(g)
(g) Beginning with the submittal of information under
par. (e) on July 1, 1995, if the director of state courts determines, based on the information submitted under
par. (e), that the payment made to a county under
par. (b) for any calendar year exceeds the court costs incurred by the county for that calendar year, the director of state courts shall deduct the difference from the next payment under
par. (b) made to that county after the director's determination. The difference shall be apportioned as provided in
par. (c) among the other counties for payment under
par. (b) to the other counties on that payment date. For purposes of this paragraph, the director of state courts shall treat the period beginning on August 13, 1993, and ending on December 31, 1994, as a calendar year and determine from the information submitted under
par. (e) on July 1, 1994, and July 1, 1995, whether the payment to a county under
par. (b) on January 1, 1994, exceeds the court costs incurred by the county for the period beginning on August 13, 1993, and ending on December 31, 1994.
758.19(5)(h)
(h) The director of state courts shall establish a description of the qualifications and duties of an individual who is a judicial assistant for purposes of this subsection. Nothing in this subsection requires a county to employ, to incur costs for salary and fringe benefits for, or to expend payments received under
par. (b) for salary and fringe benefits for, judicial assistants for circuit court judges.
758.19(5)(i)
(i) The director of state courts shall compile the information reported under
par. (e) and, by October 1 annually, submit that information to the legislature under
s. 13.172 (2) and to the governor.
758.19(6)(a)(a) In this subsection, "guardian ad litem costs" means the costs of guardian ad litem compensation that a county incurs under
ch. 48,
55,
767,
880 or
938, that the county has final legal responsibility to pay or that the county is unable to recover from another person and that does not exceed the per hour rate established for time spent in court by private attorneys under
s. 977.08 (4m) (b).
758.19(6)(b)
(b) From the appropriation under
s. 20.625 (1) (e), the director of state courts, beginning on July 1, 1995, shall annually on July 1 pay the county's share, as determined under
par. (c), of the total appropriation under
s. 20.625 (1) (e) to defray a county's guardian ad litem costs. The payment shall be made only to those counties that submit the information required under
par. (d) by the preceding May 15.
758.19(6)(c)1.b.
b. "Judicial need" means the need for a circuit judge, calculated under the weighted caseload formula, based on case filings in the previous calendar year for those types of cases which the director of state courts determines are likely to involve significant guardian ad litem costs.
758.19(6)(c)1.c.
c. "Weighted caseload formula" means the formula utilized by the director of state courts to assist in determining the comparative need for circuit court judges in this state, based on the number of cases filed in a given year and the judicial time needed to process the cases.
758.19(6)(c)2.
2. The amount paid to each county under
par. (b) shall be the sum of the following amounts:
758.19(6)(c)2.a.
a. The amount determined by dividing the number of circuit court branches in the county by the total number of circuit court branches in the state and multiplying that result by one-third of the total amount to be paid under
par. (b).
758.19(6)(c)2.b.
b. The amount determined by dividing the judicial need for the county by the total judicial need for all counties in this state and multiplying that result by one-third of the total amount to be paid under
par. (b).
758.19(6)(c)2.c.
c. The amount determined by dividing the amount of court support services fees charged and collected in the county in the previous calendar year by the total amount of court support services fees charged and collected in the state in the previous calendar year and multiplying that result by one-third of the total amount to be paid under
par. (b).
758.19(6)(d)
(d) Annually, no later than May 15, each county shall submit to the director of state courts, in a format that the director of state courts establishes, all of the following:
758.19(6)(d)1.
1. The total cost of guardian ad litem compensation that the county incurred under
chs. 48,
55,
767,
880 and
938 in the previous calendar year.
758.19(6)(d)2.
2. The total guardian ad litem compensation that the county initially paid under
chs. 48,
55,
767,
880 and
938 and that was recovered in the previous calendar year by the county from another responsible person.
758.19(6)(e)1.1. No county may receive a payment under
subd. 2. or
par. (b) that results in the county receiving more than the total cost of guardian ad litem compensation that the county incurred and reported to the director of state courts under
par. (d) 1.
758.19(6)(e)2.
2. After calculating the payment amount for each county under
par. (c) 2., the director of state courts shall distribute any money remaining, after deducting the amount to be paid under
par. (b), to those counties that reported as required under
par. (d) and whose payment amount under
par. (b) is less than the total cost of guardian ad litem compensation that the county incurred and reported to the director of state courts under
par. (d) 1. The additional amount distributed to a county under this subdivision shall be determined by using the procedures under
par. (c) 2., except that the sum to be used in the multiplication shall be the money remaining after deducting the amount to be paid under
par. (b). The money to be distributed under this subdivision shall be added to the amount to be paid under
par. (b) and made as a single payment to each county on July 1.
758.19(7)
(7) The director of state courts shall adopt, revise biennially and submit to the cochairpersons of the joint committee on information policy and technology, the governor and the department of electronic government, no later than September 15 of each even-numbered year, a strategic plan for the utilization of information technology to carry out the functions of the courts and judicial branch agencies, as defined in
s. 16.70 (5). The plan shall address the business needs of the courts and judicial branch agencies and shall identify all resources relating to information technology which the courts and judicial branch agencies desire to acquire, contingent upon funding availability, the priority for such acquisitions and the justification for such acquisitions. The plan shall also identify any changes in the functioning of the courts and judicial branch agencies under the plan.
758.19(8)(a)(a) From the appropriation under
s. 20.625 (1) (c), the director of state courts shall reimburse counties up to 4 times each year for the actual expenses paid for interpreters required by circuit courts to assist persons with limited English proficiency under
s. 885.38 (8) (a) 1. The amount of the reimbursement for mileage shall be 20 cents per mile going and returning from his or her residence if within the state; or, if without the state, from the point where he or she crosses the state boundary to the place of attendance, and returning by the usually traveled route between such points. The amount of the maximum hourly reimbursement for court interpreters shall be as follows:
758.19(8)(a)1.
1. Forty dollars for the first hour and $20 for each additional 0.5 hour for qualified interpreters certified under the requirements and procedures approved by the supreme court.
758.19(8)(a)2.
2. Thirty dollars for the first hour and $15 for each additional 0.5 hour for qualified interpreters, as defined in
s. 885.38 (1) (c).
758.19(8)(b)
(b) To receive reimbursement under
par. (a), a county must submit, on forms provided by the director of state courts, an accounting of the amount paid for expenses related to court interpreters that are eligible for reimbursement under
par. (a). The forms must include expenses for the preceding 3-month period and must be submitted within 90 days after that 3-month period has ended. The director of state courts may not reimburse a county for any expenses related to court interpreters that are submitted after the 90-day period has ended. Reimbursement under
par. (a) first applies to court interpreter expenses incurred on July 1, 2002.
758.19 History
History: 1971 c. 254 ss.
1,
2,
4 to
16; Stats. 1971 s. 257.19;
1975 c. 37,
189,
199;
1977 c. 29;
1977 c. 187 ss.
97,
135;
1977 c. 305 s.
64;
1977 c. 449; Stats. 1977 s. 758.19; Sup. Ct. Order, 88 Wis. 2d xiii (1979);
1981 c. 96;
1983 a. 27;
1985 a. 29,
340;
1989 a. 31;
1991 a. 32,
39;
1993 a. 16,
206,
437,
491;
1995 a. 27,
77,
201,
225,
417;
1997 a. 27,
237;
1999 a. 9,
29;
2001 a. 16.
