756.04 History
History: 1973 c. 267,
272;
1977 c. 187 ss.
95,
135;
1977 c. 273,
318;
1977 c. 447 ss.
185,
210;
1977 c. 449; Stats. 1977 s. 756.04;
1979 c. 128;
1987 a. 151;
1991 a. 271;
1995 a. 27; Sup. Ct. Order No.
96-08, 207 Wis. 2d xv (1997);
2003 a. 214; Sup. Ct. Order No.
08-01, 2008 WI 102, filed 7-17-08, eff. 1-1-09.
Effective date note
Judicial Council Note, 1996: This section, based on prior s. 756.04, implements ABA Standard 2, recommending regularly maintained source lists as inclusive as feasible of the adult population of the district. [Re SCO No.
96-08, eff. 7-1-97]
756.04 Annotation
An ability to understand the English language is necessary in order to satisfy the statutory requirements of ss. 756.02 and 756.04. If a juror cannot meet the statutory requirements, then the entire trial process may be nothing more than an "exercise in futility." A defendant was prejudiced when a juror was allowed to serve who was not qualified under the statutes and did not have a sufficient understanding of English to meaningfully participate in the trial process. State v. Carlson,
2003 WI 40,
261 Wis. 2d 97,
661 N.W.2d 51,
01-1136.
756.04 Annotation
Wisconsin law does not permit a court to deliberately summon a greater number of potential jurors from some geographic areas than from others in an attempt to ensure that the racial and ethnic makeup of juries better reflects a representative cross-section of the community served by the court. Wisconsin law requires that all qualified persons have an equal opportunity to be randomly summoned for jury service. It does not permit a jury selection system that gives some persons greater, some lesser, opportunities to be summoned, depending on the area of the community where they live.
OAG 3-08.
756.05
756.05
Jury summons, when and how issued. At least 12 days before the first day on which a jury is required to be present, to create the jury venire, the clerk of circuit court shall randomly select a sufficient number of prospective jurors from the jury array created under
s. 756.04 (9) who shall be summoned to appear before the court at an appropriate time for jury service. The summons may be served by 1st class mail or another method.
756.05 History
History: Sup. Ct. Order No.
96-08, 207 Wis. 2d xv (1997); Sup. Ct. Order No.
08-01, 2008 WI 102, filed 7-17-08, eff. 1-1-09.
Effective date note
Judicial Council Note, 1996: Based on prior s. 756.08, this provision implements ABA Standard 11. Under s. 756.04(6), the qualification questionnaire sent to prospective jurors may be sent at the same time as the summons. [Re SCO No.
96-08 eff. 7-1-97]
756.06(1)(1) Whenever an issue is to be tried before a jury, the clerk of circuit court shall randomly select names from the jury venire until the desired number is obtained to create the jury panel. The random selection of names may include the provision that jurors reporting for service who have not been considered for assignment to a panel be considered before other jurors are considered for a second panel.
756.06(2)(a)(a) A jury in a felony case shall consist of 12 persons unless both parties agree on a lesser number as provided in
s. 972.02.
756.06(2)(am)
(am) A jury in a misdemeanor case shall consist of 12 persons.
756.06 Note
NOTE: The provision that a jury in a misdemeanor case shall consist of 6 persons was held to violate Article I, s. 7 of the Wisconsin Constitution by the Supreme Court in State v. Hansford,
219 Wis. 2d 226 (1998).
756.06(2)(b)
(b) Except as provided in
par. (c) and
ss. 980.05 (2) and
(2m) (c),
980.09 (3), and
980.095 (1), a jury in a civil case shall consist of 6 persons unless a party requests a greater number, not to exceed 12. The court, on its own motion, may require a greater number, not to exceed 12.
756.06(2)(c)
(c) A jury in a case involving an offense for which a forfeiture may be imposed or in an inquest under
s. 979.05 shall consist of 6 persons.
756.06 History
History: 1977 c. 187 s.
95; Stats. 1977 s. 756.06; Sup. Ct. Order No.
96-08, 207 Wis. 2d xv (1997);
2005 a. 434; Sup. Ct. Order No.
08-01, 2008 WI 102, 307 Wis. 2d xxxvi.
Effective date note
Judicial Council Note, 1996: Based on prior s. 756.096, this section implements ABA Standard 17. [Re SCO No.
96-08 eff. 7-1-97]
756.07
756.07
Insufficient jurors. When a sufficient number of jurors cannot be obtained for a trial from the jury venire supplied by the clerk of circuit court, the court may order the sheriff to bring before the court persons in the vicinity for determination by the court of their qualification and ability to serve as jurors for the particular trial.
756.07 History
History: Sup. Ct. Order No.
96-08, 207 Wis. 2d xv (1997); Sup. Ct. Order No.
08-01, 2008 WI 102, 307 Wis. 2d xxxvi.
Effective date note
Judicial Council Note, 1996: Based on prior s. 756.06, this allows jurors to be chosen from those in the vicinity, whether or not "bystanders," for a particular trial. [Re SCO No.
96-08 eff. 7-1-97]
756.08
756.08
Oaths and affirmations. 756.08(1)
(1) The jurors selected to try the issues in the action or proceeding shall take an oath or affirmation to try the issues submitted to them and, unless discharged by the court, to give a verdict according to the law and the evidence given in court.
756.08(2)
(2) When the issues have been submitted to the jury, a proper officer, subject to the direction of the court, shall swear or affirm that the officer will keep all jurors together in some private and convenient place until they have agreed on and rendered their verdict, are permitted to separate or are discharged by the court. While the jurors are under the supervision of the officer, he or she may not permit them to communicate with any person regarding their deliberations or the verdict that they have agreed upon, except as authorized by the court.
756.08 History
History: Sup. Ct. Order No.
96-08, 207 Wis. 2d xv (1997).
Effective date note
Judicial Council Note, 1996: This section is based on prior s. 756.098. The ABA Standards do not mention oaths or affirmations. [Re SCO No.
96-08 eff. 7-1-97]
756.25
756.25
Juror fees and mileage. 756.25(1)
(1) Every grand and petit juror summoned shall receive an amount, not less than $16, as fixed by the county board, for each day of attendance, and an amount equal to the mileage rate set under
s. 20.916 (8) for each mile traveled each day in going and returning by the most usual route. A juror may not be paid for a day when the court is not in session unless payment is ordered by the court.
756.25(2)
(2) The county board may pay jurors by the half-day. The payment shall be for 50% of the established daily pay under
sub. (1) and may not affect the payment for mileage.
756.25(3)
(3) Notwithstanding
subs. (1) and
(2), if the judges in any circuit have established a system under
s. 756.28 in which jurors are summoned to serve for only one day or one trial, the county board may determine the amount to be paid jurors for the first day of attendance and the amount to be paid jurors for traveling to and from the court for the first day of attendance.
756.25(4)
(4) When a juror has completed his or her service, the clerk of circuit court shall promptly initiate the procedure for payment of the juror's fees and mileage under
s. 59.64 (1) (g) 1.
756.25 History
History: 1973 c. 333;
1975 c. 224;
1977 c. 187 s.
95;
1977 c. 318,
449; Stats. 1977 s. 756.25;
1979 c. 128;
1987 a. 214,
398;
1991 a. 271;
1993 a. 16,
490; Sup. Ct. Order No.
96-08, 207 Wis. 2d xv (1997).
Effective date note
Judicial Council Note, 1996: Based on prior ss. 756.24 and 756.25, this section implements ABA Standard 15. The payment procedure applies regardless of whether the juror was selected under s. 756.07 or under s. 756.08. Prior s. 756.26 is repealed as unnecessary. [Re SCO No.
96-08 eff. 7-1-97]
756.255
756.255
Leave of absence. An employer shall grant an employee a leave of absence without loss of time in service for the period of jury service. For the purpose of determining seniority or pay advancement, the status of the employee shall be considered uninterrupted by the jury service. No employer may use absence due to jury service as a basis for discharging an employee or for any disciplinary action against the employee. An employer who discharges or disciplines an employee in violation of this section may be fined not more than $200 and may be required to make full restitution to the aggrieved employee, including reinstatement and back pay. Except as otherwise provided in this section, restitution shall be in accordance with
s. 973.20.
756.255 History
History: Sup. Ct. Order No.
96-08, 207 Wis. 2d xv (1997).
Effective date note
Judicial Council Note, 1996: Based on prior s. 756.25(1), this section implements ABA Standard 15 (c). [Re SCO No.
96-08 eff. 7-1-96]
756.28
756.28
Length of juror service; periods of required availability. 756.28(1)(1)
One day or one trial. The judges in any circuit may establish a system in which a person summoned under
s. 756.05 may not be required to serve or attend court for prospective service as a petit juror for more than one day in a specified period, unless more days are necessary to complete service in a particular case. The specified period may not be less than 2 nor more than 4 years. In circuits where judges have established such a system, a petit juror whose deliberation ends with a verdict may not be required to participate in a 2nd trial even though the juror may not have completed the first day of juror service at the time of commencement of the 2nd trial.
756.28(2)
(2) General 4-year eligibility. In a county where a system has not been established under
sub. (1), a person may be required to be available for service as a grand or petit juror only once in any 4-year period. The period for which any person may be required to be available for service may not exceed 31 consecutive days. No person may be required to serve, or attend court for prospective service, as a juror for a total of more than 5 days unless more days are necessary to complete service in a particular case.
756.28 History
History: 1991 a. 271; Sup. Ct. Order No.
95-11, 206 Wis. 2d xiii (1996); Sup. Ct. Order No.
96-08, 207 Wis. 2d xv (1997).
756.28 Note
Judicial Council Note, 1996: Based on prior s. 756.28, this section implements ABA Standard 5. Subsection (1) is revised to allow greater flexibility than prior statutes with respect to the length of the period during which a juror who has served for one day/one trial cannot be summoned again.
Effective date note
The amendment to sub. (2) is identical to a Supreme Court rulemaking petition heard October 11, 1995. The Judicial Council Note to the proposal reads as follows: Subsection (2) is revised, effective January 1, 1997, to specify that a person may only be required to be available for jury service once in any 4-year period. The maximum term of jury availability is reduced to 31 consecutive days, and the maximum number of days of actual court attendance is limited to five, unless more are necessary to complete a particular trial. This change is intended to implement the recommendations of the American Bar Association that such periods be as short as possible, consistent with the needs of justice. [Re SCO No.
96-08 eff. 7-1-96]
756.30(1m)(1m)
Juror contempt procedure. Whoever does any of the following is subject to sanctions for contempt of court:
756.30(1m)(bm)
(bm) Fails to return the completed juror qualification form within 10 days after receipt of the form.
756.30(1m)(cm)
(cm) Fails to attend court after being lawfully summoned without being excused by the court.
756.30(2)
(2) Clerk of circuit court; fraud. If the clerk of circuit court commits any fraud in the selection of jurors or prospective jurors, the clerk shall forfeit not more than $500 for each offense.
756.30(2m)
(2m) Sanctions. A circuit court may impose a sanction for violation of
sub. (1m) in an amount not to exceed $500. The sanction may be imposed by the court after hearing on an order to show cause why the prospective juror should not be held in contempt for failure to comply with the obligation of jury service. No costs, fees, or surcharges shall be imposed and the sanction shall be retained by the clerk of circuit court to offset juror costs.
756.30 History
History: Sup. Ct. Order No.
96-08, 207 Wis. 2d xv (1997); Sup. Ct. Order No.
08-01, 2008 WI 102, 307 Wis. 2d xxxvi.
Effective date note
Judicial Council Note, 1996: Subsection (1) carries forward the penalty in prior s. 756.04(2)(b). Subsection (2) is based on prior s. 756.041, and carries the same penalty. Subsection (3) is based on prior s. 756.23. [Re SCO No.
96-08 eff. 7-1-97]
