757.07(1)(i)
(i) “Publicly post or display” means to intentionally communicate or otherwise make available to the general public.
757.07(1)(j)
(j) “Transfer” means to sell, license, trade, or exchange for consideration the personal information of a judicial officer or a judicial officer's immediate family member.
757.07(1)(k)
(k) “Written request” means written notice signed by a judicial officer or a representative of the judicial officer's employer requesting a government agency, business, association, or other person to refrain from publicly posting or displaying publicly available content that includes the personal information of the judicial officer or judicial officer's immediate family.
757.07(2)
(2) Publicly posting or displaying a judicial officer's personal information by a government agency. 757.07(2)(a)
(a) A government agency may not publicly post or display publicly available content that includes a judicial officer's personal information, provided that the government agency has received a written request in accordance with sub.
(4) that it refrain from disclosing the judicial officer's personal information. After a government agency has received a written request, that agency shall remove the judicial officer's personal information from publicly available content within 10 business days. After the government agency has removed the judicial officer's personal information from publicly available content, the agency may not publicly post or display the information, and the judicial officer's personal information shall be exempt from inspection and copying under s.
19.35 unless the government agency has received consent as provided under sub.
(4) (e) to make the personal information available to the public.
757.07(2)(b)
(b) Nothing in this subsection prohibits a government agency from providing access to records containing the personal information of a judicial officer to a 3rd party if the 3rd party meets any of the following criteria:
757.07(2)(b)3.
3. Executes a confidentiality agreement with the government agency.
757.07(3)
(3) Data brokers and other persons and businesses. 757.07(3)(a)(a) No data broker may knowingly sell, license, trade, purchase, or otherwise make available for consideration the personal information of a judicial officer or a judicial officer's immediate family, provided that the judicial officer has made a written request to the data broker. The data broker shall cease knowingly selling, licensing, trading, purchasing, or otherwise making available personal information for consideration pursuant to the written request within 10 business days of the written request.
757.07(3)(b)1.1. No person, business, or association may publicly post or display on the Internet publicly available content that includes the personal information of a judicial officer or the judicial officer's immediate family, provided that the judicial officer has made a written request to the person, business, or association that it refrain from disclosing or acquiring the personal information.
757.07(3)(b)2.a.
a. Personal information that the judicial officer or an immediate family member of the judicial officer voluntarily publishes on the Internet after April 1, 2025.
757.07(3)(b)2.b.
b. Personal information lawfully received from a state or federal government source, including from an employee or agent of the state or federal government.
757.07(3)(c)1.1. After a person, business, or association has received a written request from a judicial officer to protect the privacy of the personal information of the judicial officer and the judicial officer's immediate family, the person, business, or association shall remove, within 10 business days, the publicly posted or displayed personal information identified in the request; ensure that the information is not publicly posted or displayed on any website or subsidiary website controlled by that person, business, or association; and identify any other publicly posted or displayed instances of the identified information that should also be removed.
757.07(3)(c)2.
2. After receiving a judicial officer's written request, no person, business, or association may transfer the judicial officer's personal information to any other person, business, or association through any medium, except as follows:
757.07(3)(c)2.a.
a. The person, business, or association may transfer personal information that the judicial officer or an immediate family member of the judicial officer voluntarily publishes on the Internet after April 1, 2025.
757.07(3)(c)2.b.
b. The person, business, or association may transfer the judicial officer's personal information at the request of the judicial officer if the transfer is necessary to effectuate a request to the person, business, or association from the judicial officer.
757.07(4)
(4) Procedure for completing a written request for protection of personal information. 757.07(4)(a)
(a) No government agency, person, data broker, business, or association may be found to have violated any provision of this section if the judicial officer fails to submit a written request calling for the protection of the personal information of the judicial officer or the judicial officer's immediate family.
757.07(4)(b)1.1. A written request under this subsection is valid if the request meets the requirements of par.
(d) and if the judicial officer does any of the following:
757.07(4)(b)1.a.
a. Sends the written request directly to a government agency, person, data broker, business, or association.
757.07(4)(b)1.b.
b. If the director of state courts has a policy and procedure for a judicial officer to file the written request with the director of state court's office to notify government agencies, the judicial officer sends the written request to the director of state courts.
757.07(4)(b)2.
2. In each quarter of a calendar year, the director of state courts shall provide to the appropriate officer with ultimate supervisory authority for a government agency a list of all judicial officers who have submitted a written request under subd.
1. b. The officer shall promptly provide a copy of the list to the government agencies under his or her supervision. Receipt of the written request list compiled by the director of state courts office by a government agency shall constitute a written request to that agency for purposes of this subsection.
757.07(4)(c)
(c) A representative from the judicial officer's employer may submit a written request on the judicial officer's behalf, provided that the judicial officer has given written consent to the representative and provided that the representative agrees to furnish a copy of that consent when the written request is made. The representative shall submit the written request as provided under par.
(b).
757.07(4)(d)
(d) A judicial officer's written request shall be made on a form prescribed by the director of state courts and shall specify what personal information shall be maintained as private. If a judicial officer wishes to identify a secondary residence as a home address, the designation shall be made in the written request. A judicial officer's written request shall disclose the identity of the officer's immediate family and indicate that the personal information of these family members shall also be excluded to the extent that it could reasonably be expected to reveal personal information of the judicial officer. Any person receiving a written request form submitted by or on behalf of a judicial officer under this paragraph shall treat the submission as confidential.
757.07(4)(e)1.1. A judicial officer's written request is valid for 10 years or until the judicial officer's death, whichever occurs first.
757.07(4)(e)2.
2. Notwithstanding a judicial officer's written request, a government agency, person, data broker, business, or association may release personal information otherwise subject to the written request under any of the following circumstances:
757.07(4)(e)2.b.
b. If a judicial officer or immediate family member of the judicial officer consents to the release of his or her own personal information as provided under subd.
3. 757.07(4)(e)2.c.
c. If the judicial officer provides the government agency, person, data broker, business, or association with consent to release the personal information as provided under subd.
3. 757.07(4)(e)3.
3. A judicial officer or immediate family member of the judicial officer may consent to release personal information otherwise protected by a judicial officer's written request if the consent is made in writing on a form prescribed by the director of state courts. An immediate family member of the judicial officer may only consent to the release of his or her own personal information.
757.07(4)(e)4.
4. A judicial officer under sub.
(1) (e) 1. to
3., or
6. may designate the director of state courts as the judicial officer's agent for purposes of service of process, and if the director of state courts receives service of process, notice, or demand required or permitted by law to be served on a judicial officer who has designated the director of state courts as his or her agent for purposes of service of process under this subdivision, the director of state courts shall forward the process, notice, or demand to the judicial officer's home address.
757.07(4m)(a)(a) In this subsection, “land records website” means a public website that allows users to search and retrieve a real estate property database or geographic records.
757.07(4m)(b)
(b) Any provider of a public-facing land records website shall establish a process for judicial officers and immediate family members of judicial officers to opt out from the display and search functions of their names on the provider's public-facing land records website.
757.07(5)(a)(a) A judicial officer whose personal information is made public as a result of a violation of this section may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction. Notwithstanding s.
814.04, if the court grants injunctive or declaratory relief, the governmental agency, business, association, data broker, or other person responsible for the violation shall be required to pay the judicial officer's costs and reasonable attorney fees.
757.07(5)(b)
(b) Provided that an employee of a government agency has complied with the conditions set forth in sub.
(2), it is not a violation of this section if an employee of a government agency publishes personal information, in good faith, on the website of the government agency in the ordinary course of carrying out public functions.
757.07(5)(c)
(c) It is unlawful for any person to knowingly publicly post or display on the Internet the personal information of a judicial officer or of the judicial officer's immediate family if the person intends the public posting or display of the personal information to create or increase a threat to the health and safety of the judicial officer or the judicial officer's immediate family and, under the circumstances, bodily injury or death of the judicial officer or a member of the judicial officer's immediate family is a natural and probable consequence of the posting or display. A person who violates this paragraph is guilty of a Class G felony.
757.07(6)
(6) This section shall be construed broadly to favor the protection of the personal information of judicial officers and the immediate family of judicial officers.
757.07 History
History: 2023 a. 235.
757.08
757.08
Vacancy in judgeship not to affect suits. No process, proceeding or action, civil or criminal, before any court of record shall be discontinued by the occurrence of any vacancy in the office of any judge or of all the judges of such court, nor by the election of any new judge or judges of any such court, but the persons so elected shall have power to continue, hear and determine such process, proceedings or action as their predecessors might have done if no new election had been held.
757.08 History
History: 1977 c. 187 s.
96; Stats. 1977 s. 757.08.
757.10
757.10
Failure to adjourn. No omission to adjourn any such court may vitiate any proceedings in the court.
757.10 History
History: 1977 c. 187 s.
96;
1977 c. 449; Stats. 1977 s. 757.10.
757.12
757.12
Adjournment to another location. Whenever it is deemed unsafe or inexpedient, by reason of war, pestilence, public calamity, or other compelling factors limiting or preventing access to the courthouse, the justices or judges of the court may order court to be held at an alternative location in this state, including in another county, on a temporary basis. Every such order shall be made in writing. Notice of such orders shall be provided by e-mail to the chief justice, the chief judge of the judicial district, the director of state courts, the State Bar of Wisconsin, and the local bar association. Any such orders shall be placed on the Wisconsin state courts website, the county website, and the door of the courthouse, if practicable. All court proceedings moved to another location shall have the same force and effect as if held at the original location. Bench warrants shall not be issued for failure to appear without a finding that the party received notice of the date, time, and location of the proceeding.
757.12 History
History: 1977 c. 187 s.
96;
1977 c. 449; Stats. 1977 s. 757.12; Sup. Ct. Order No.
21-03, 2022 WI 23, 401 Wis. 2d xv; s. 35.17 correction.
757.13
757.13
Continuances; legislative privilege. When a witness, party or an attorney for any party to any action or proceeding in any court or any commission, is a member of the Wisconsin legislature, in session, that fact is sufficient cause for the adjournment or continuance of the action or proceeding, and the adjournment or continuance shall be granted without the imposition of terms.
757.13 History
History: 1977 c. 187 s.
96; Stats. 1977 s. 757.13;
1979 c. 34.
757.13 Annotation
This section would violate the doctrine of separation of powers if construed to mandate the grant of a continuance or adjournment. Courts should consider, in the sound exercise of their discretion, that a witness, party, or party's attorney is a member of the legislature in session when that person seeks a continuance or adjournment for that reason and should accommodate the schedule of the legislature consistent with the demands of fairness and efficiency in the particular case. State v. Chvala,
2003 WI App 257,
268 Wis. 2d 451,
673 N.W.2d 401,
03-0746.
757.14
757.14
Sittings, public. The sittings of every court shall be public and every citizen may freely attend the same, including proceedings held by telephone or videoconferencing technology, except if otherwise expressly provided by law. If the content of the proceeding is deemed graphic or obscene, the judge or justice may exclude from the courtroom all minors not present as parties or witnesses. The court may utilize electronic means to allow the public the ability to hear and see, in real time, all proceedings in a manner as similar as practicable to being present in the courtroom.
757.14 History
History: 1977 c. 187 s.
96; Stats. 1977 s. 757.14; Sup. Ct. Order No.
21-03, 2022 WI 23, 401 Wis. 2d xv.
757.14 Annotation
Any citizen has the right to attend immunity hearings arising out of a John Doe proceeding. State ex rel. Newspapers, Inc. v. Circuit Court,
65 Wis. 2d 66,
221 N.W.2d 894 (1974).
757.14 Annotation
It was an abuse of discretion to exclude the public from the voir dire of potential jurors. State ex rel. La Crosse Tribune v. Circuit Court,
115 Wis. 2d 220,
340 N.W.2d 460 (1983).
757.14 Annotation
Commitment hearings under s. 51.20 (12) are open unless the court grants the subject individual's motion for closure. State ex rel. Wisconsin State Journal v. Dane County Circuit Court,
131 Wis. 2d 515,
389 N.W.2d 73 (Ct. App. 1986).
757.14 Annotation
The 6th amendment right to a public trial extends to voir dire. A judge's decision to close or limit public access to a courtroom in a criminal case requires the court to go through an analysis on the record in which the court considers overriding interests and reasonable alternatives. The court must make specific findings on the record to support the exclusion of the public and must narrowly tailor the closure. State v. Pinno,
2014 WI 74,
356 Wis. 2d 106,
850 N.W.2d 207,
11-2424.
757.14 Annotation
Public access to criminal trials in particular is protected by the 1st amendment. Globe Newspaper Co. v. Superior Court,
457 U.S. 596 (1982).
757.15
757.15
Holding court, effect of holidays. A court may be open to transact business on the first day of the week and on a legal holiday in like manner and with like effect as upon any other day.
757.15 History
History: 1975 c. 159;
1977 c. 54;
1977 c. 187 s.
96;
1977 c. 449; Stats. 1977 s. 757.15;
1989 a. 261.
757.18
757.18
Process, etc., to be in English. All writs, process, proceedings and records in any court within this state shall be in the English language, except that the proper and known names of process and technical words may be expressed in the language heretofore and now commonly used, and shall be made out on paper or parchment in a fair, legible character, in words at length and not abbreviated; but such abbreviations as are now commonly used in the English language may be used and numbers may be expressed by Arabic figures or Roman numerals in the usual manner.
757.18 History
History: 1977 c. 187 s.
96; Stats. 1977 s. 757.18.
757.19
757.19
Disqualification of judge. 757.19(1)(1)
In this section, “judge" includes the supreme court justices, court of appeals judges, circuit court judges and municipal judges.
757.19(2)
(2) Any judge shall disqualify himself or herself from any civil or criminal action or proceeding when one of the following situations occurs:
757.19(2)(a)
(a) When a judge is related to any party or counsel thereto or their spouses within the 3rd degree of kinship.
757.19(2)(b)
(b) When a judge is a party or a material witness, except that a judge need not disqualify himself or herself if the judge determines that any pleading purporting to make him or her a party is false, sham or frivolous.
757.19(2)(c)
(c) When a judge previously acted as counsel to any party in the same action or proceeding.
757.19(2)(d)
(d) When a judge prepared as counsel any legal instrument or paper whose validity or construction is at issue.
757.19(2)(e)
(e) When a judge of an appellate court previously handled the action or proceeding while judge of an inferior court.
757.19(2)(f)
(f) When a judge has a significant financial or personal interest in the outcome of the matter. Such interest does not occur solely by the judge being a member of a political or taxing body that is a party.
757.19(2)(g)
(g) When a judge determines that, for any reason, he or she cannot, or it appears he or she cannot, act in an impartial manner.
757.19(3)
(3) Any disqualification that may occur under sub.
(2) may be waived by agreement of all parties and the judge after full and complete disclosure on the record of the factors creating such disqualification.
757.19(4)
(4) Any disqualification under sub.
(2) in a civil or criminal action or proceeding must occur, unless waived under sub.
(3), when the factors creating such disqualification first become known to the judge.
757.19(5)
(5) When a judge is disqualified, the judge shall file in writing the reasons and the assignment of another judge shall be requested under s.
751.03.
757.19(6)
(6) In addition to other remedies, an alleged violation under this section or abuse of the disqualification procedure shall be referred to the judicial commission.
757.19 Note
Judicial Council Note, 1977: Section 256.19 [757.19] has been repealed and recreated to more comprehensively set out the procedure in Wisconsin for a judge to disqualify himself or herself. The new provisions apply to courts of record and municipal courts and define those situations in which a judge should in the interest of justice disqualify himself or herself from hearing a matter. Subsection (2) (g) is a catch-all provision to be used in those situations where a particular set of circumstances dictates that a judge disqualify himself or herself.
757.19 Note
The new judge disqualification section contains provisions for assuring that a disqualification is timely made and also provides for waiver of a statutory disqualification upon agreement of all interested parties and the judge. Alleged violations of this section will be brought to the attention of the judicial commission for appropriate review. [Bill 74-S]
757.19 Annotation
A judge who represented the defendant as counsel in another phase of a criminal matter had no power to act as judge in hearing a related postconviction motion and should have, sua sponte, disqualified himself. Rainey v. State,
65 Wis. 2d 374,
222 N.W.2d 620 (1974).
757.19 Annotation
Although the judge was apparently biased against defense counsel, the judge's refusal to recuse himself was harmless error under the facts of the case. State v. Walberg,
109 Wis. 2d 96,
325 N.W.2d 687 (1982).
757.19 Annotation
Under sub. (2) (g), the self-disqualification decision is subjective, and review is limited to determining whether the judge concluded disqualification was necessary. State v. American TV & Appliance,
151 Wis. 2d 175,
443 N.W.2d 662 (1989).
757.19 Annotation
That a judge's spouse was employed in the office of the district attorney, but had no connection to a particular case, did not require the judge's disqualification. State v. Harrell,
199 Wis. 2d 654,
546 N.W.2d 115 (1996),
94-1655.
