758.13(1)(a)(a) There is created a judicial council of 21 members as follows:
758.13(1)(a)1.
1. One supreme court justice designated by the supreme court.
758.13(1)(a)2.
2. One court of appeals judge designated by the court of appeals.
758.13(1)(a)3.
3. The director of state courts or his or her designee.
758.13(1)(a)4.
4. Four circuit judges designated by the judicial conference.
758.13(1)(a)5.
5. The chairpersons of the senate and the assembly committees dealing with judicial affairs or a member of each such committee designated by the respective chairperson.
758.13(1)(a)7.
7. The chief of the legislative reference bureau or his or her designee.
758.13(1)(a)8.
8. The deans of the law schools of the University of Wisconsin and Marquette University or a member of the respective law school faculties designated by the deans.
758.13(1)(a)10.
10. The president-elect of the State Bar of Wisconsin or a member of the board of governors of the state bar designated by the president-elect.
758.13(1)(a)11.
11. Three additional members of the state bar selected by the state bar to serve 3-year terms.
758.13(1)(a)13.
13. Two citizens at large appointed by the governor to serve 3-year terms.
758.13(1)(b)
(b) The names of the judicial council members shall be certified to the secretary of state by the judicial council attorney. Members shall hold office until their successors have been selected. Members shall receive no compensation, but shall be reimbursed from the appropriation made by
s. 20.670 (1) for expenses necessarily incurred by members in attending council meetings.
758.13(2)
(2) Powers and duties. The council shall:
758.13(2)(a)
(a) Observe and study the rules of pleading, practice and procedure, and advise the supreme court as to changes which will, in the council's judgment, simplify procedure and promote a speedy determination of litigation upon its merits.
758.13(2)(b)
(b) Survey and study the organization, jurisdiction and methods of administration and operation of all the courts of this state.
758.13(2)(d)
(d) Receive, consider and in its discretion investigate suggestions from any source pertaining to the administration of justice and to make recommendations.
758.13(2)(e)
(e) Keep advised concerning the decisions of the courts relating to the procedure and practice therein and concerning pending legislation affecting the organization, jurisdiction, operation, procedure and practice of the courts.
758.13(2)(f)
(f) Recommend to the legislature any changes in the organization, jurisdiction, operation and methods of conducting the business of the courts, including statutes governing pleading, practice, procedure and related matters, which can be put into effect only by legislative action.
758.13(2)(g)
(g) Recommend to the supreme court, legislature and governor any changes in the organization, operation and methods of conducting the business of the courts that will improve the efficiency and effectiveness of the court system and result in cost savings.
758.13(3)(a)(a) The council shall elect a chairperson and vice chairperson.
758.13(3)(b)
(b) The council may promulgate and modify rules for the conduct of its proceedings in the exercise of its powers. The council may meet at such time and place as it determines but at least once every 3 months. It shall meet upon call of the chairperson or a call signed by 5 members of the council. Eleven members shall constitute a quorum.
758.13(3)(c)
(c) The council may appoint regular and special committees of its members to investigate and report upon any matters relating to its duties. The council or any committee thereof when so authorized by the council is empowered to hold public hearings at such times and places within the state as may be determined. Any member of the council or any committee thereof shall have the power to administer oaths to persons testifying before the council or committee. By subpoena issued over the signature of its chairperson or acting chairperson and served in the manner in which circuit court subpoenas are served, the council or any committee when authorized by the council, may summon and compel the attendance of witnesses. If any witnesses subpoenaed to appear before the council or committee thereof refuse to appear or answer inquiries propounded, the council or committee shall report the facts to the circuit court of Dane County and the court shall compel obedience to the subpoena.
758.13(3)(e)
(e) The council may call upon any department of the state or any county or municipality thereof or any court for such facilities and data as may be available, and such departments, counties, municipalities and courts shall cooperate with the council to the fullest extent.
758.13(3)(f)
(f) The council may make such reports as it deems proper or as are requested by the legislature or the supreme court. The council may publish such reports as it considers necessary.
758.13(3)(g)2.
2. The judicial council may appoint outside of the classified service an attorney, who is a member in good standing of the State Bar of Wisconsin, who shall be strictly nonpartisan, and who shall not make a contribution to a candidate for state office or local office while employed by the judicial council, to provide staff services to the council.
758.13 History
History: 1971 c. 254 ss.
1,
2,
4 to
16; Stats. 1971 s. 257.13;
1975 c. 39,
199;
1977 c. 187 s.
97;
1977 c. 325,
449; Stats. 1977 s. 758.13; Sup. Ct. Order, 88 Wis. 2d xiii (1979);
1983 a. 377;
1989 a. 31;
1995 a. 27;
2001 a. 103;
2005 a. 149;
2007 a. 20.
758.171
758.171
Judicial conference: uniform citation. The judicial conference shall adopt a uniform citation form for use as authorized under
s. 968.085. A duly authenticated copy of this form shall be furnished to the secretary of state and kept on file in his or her office. The secretary of state shall transmit a copy of this form to the clerks of circuit court.
758.171 History
History: 1983 a. 433.
758.18
758.18
Judicial conference: standard court forms. 758.18(1)(1) The judicial conference shall adopt standard court forms for use by parties and court officials in all civil and criminal actions and proceedings in the circuit court as provided in
ss. 807.001 (1) and
971.025 (1). If an applicable court form has been adopted under
sub. (2), that form may be used in lieu of the standard court form.
758.18(2)
(2) At the request of the director of state courts, the judicial conference may adopt forms created for voluntary use by self-represented litigants in the circuit court. The judicial conference shall identify which forms are intended for voluntary use.
758.18(3)
(3) The judicial conference may adopt translations of forms adopted under
subs. (1) and
(2). The judicial conference shall identify the forms to be translated and the languages to be used.
758.18 History
History: Sup. Ct. Order No.
98-01, 228 Wis. 2d xiii (2000); Sup. Ct. Order No.
05-02, 2005 WI 41, 278 Wis. 2d xxxv; Sup. Ct. Order No.
05-04, 2005 WI 44, 278 Wis. 2d xxxix.
758.18 Annotation
Court Orders Use of Standard Court Forms. Nispel. Wis. Law. Dec. 1999.
758.19
758.19
Director of state courts. 758.19(1)
(1) The director of state courts shall be included within the Wisconsin retirement system and
ch. 40 applies to the director as it applies to justices of the supreme court.
758.19(2)(a)(a) The director may establish and charge fees for the provision of services or sale of documents concerning any of the following:
758.19(2)(a)2.
2. Computer generated special reports of court information data.
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(4m)
(4m) The director of state courts may establish and charge fees for electronic filing of court documents under the circuit court automated information systems created under this section. The secretary of administration shall credit all moneys collected under this subsection to the appropriation account under
s. 20.680 (2) (j).
758.19(5)(a)(a) In this subsection, "circuit 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. 767.407 (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 circuit 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 circuit court on its own motion or by the circuit court at the request of the district attorney, the state public defender or a private attorney appointed under
s. 977.08 or by the circuit 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 circuit 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 circuit court costs, except costs related to courtroom security, including security personnel, and costs related to rent, utilities, maintenance, rehabilitation and construction of circuit court facilities.
758.19(5)(am)
(am) The director of state courts may create a uniform chart of accounts that each county shall be required to use for the recording of all financial transactions relating to the operation of circuit courts and may audit the information submitted under
par. (e). If the director of state courts decides to create a uniform chart of accounts, he or she shall consult with the department of revenue regarding the creation of that chart.
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 May 15, 2009, and no later than May 15 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, and in a manner that comports with the uniform chart of accounts under
par. (am), information regarding the amount of actual circuit court costs that the county incurred in the previous calendar year and revenues collected or received by the circuit court in the previous calendar year.
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 fiscal year, as defined in
s. 237.01 (3), after the May 15 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 circuit 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 circuit 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,
54,
55,
767, or
938 or ch.
880, 2003 stats., 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).
