Wisconsin Legislature: Criminal cases

Unclassified service

See Classified service

CLAIMS BOARD

Public Employe

The specific appeal procedures provided for the Public Employe Trust Funds do not take precedence over the general grant of authority to the Claims Board to hear claims against state agencies, but the Claims Board lacks authority to order payment of the claim from the trust funds. 74-193

CLERK OF CIRCUIT COURT

See CIRCUIT COURT

CLERK OF COURTS

Annual fee for maintenance or support payments

If the court fails to order the annual fee paid under section 814.61(12)(b), Stats., for receiving and disbursing money deposited as payment for maintenance payments, child support or family support, the clerk of court can bill the payor and then collect the fee with the same remedies available as in any other case of a debt created by law. Although the clerk cannot seek a remedial sanction under chapter 785 in these situations, the clerk does have the authority to increase the fee after providing the payor with written notice of this obligation and a reasonable opportunity to pay. 76-265

In the appropriate case, a court may enforce the collection of the receiving and disbursing fee under section 814.61(12)(b), Stats., for maintenance payments, child support or family support payments by entering an income withholding order as one of the remedial sanctions available under section 785.04(1). The power of the clerk of court is limited to moving the court for a specific remedial sanction under chapter 785 after which the specific remedy is to be imposed by the court under section 785.04(1). 76-100

Bail money

Section 59.42(14), Stats., would not permit clerk of courts to temporarily invest money being held pending court appearance and trial in connection with traffic and municipal ordinance violations. 63-56

Certified copy of record

The alphabetical index which the Register in Probate must maintain pursuant to section 851.72(5) is not a court record and thus is open to public access under sections 59.14(1) and 19.31. The index may not, however, contain results of proceedings under chapters 55 and 880. The $4.00 search fee of section 814.66(1)(j) applies only when a person fails to furnish the docket or file number or when a search is conducted to ascertain the existence or non existence of a record. The charge for a one page certified copy from the Register in Probate or Clerk of Court is comprised of an initial $3.00 certifying fee and a $1.00 per page fee and is thus $4.00. 73-16

County treasurer

A county board of supervisors may not require a clerk of court to turn over funds held by him or her to the county treasurer on Friday of each week. 78-143

Criminal cases

Clerks of court are not authorized to send the original records of criminal cases to the public defender prior to the time an appeal has been taken unless an order signed by a judge of the court authorizes such release. 69-63

Docketing duties

The clerk of circuit court has discretion to refuse to docket a large claim money judgment until his statutory fee has been paid for that service; but such discretion is not unlimited. The clerk incurs no liability under section 806.10(3), Stats., where the time of entry recorded in the Docketing duties judgment docket is the time when the clerk has both the judgment and the statutory fee in his custody, provided the clerk has not abused his discretion. 79-54

Discharge of a classified employe

Provisions of a county civil service ordinance enacted under sec. 59.07(20), Stats., or collective bargaining agreement entered into pursuant to sec. 111.70, Stats., establishing a procedure to be followed prior to discharge of a classified employe, supersede and modify provisions of sec. 59.38(1), Stats., which authorize a clerk of court to discharge a deputy clerk of court at pleasure. 63-147

Fees

Neither the clerk of court nor the county board has the authority to adopt a non-refundable processing fee for persons desiring to pay a fine or forfeiture imposed by the court through installment payments in the absence of a statute specifically providing for such processing fee. 80-223

The clerk of circuit court has discretion to refuse to docket a large claim money judgment until his statutory fee has been paid for that service; but such discretion is not unlimited. The clerk incurs no liability under section 806.10(3), Stats., where the time of entry recorded in the judgment docket is the time when the clerk has both the judgment and the statutory fee in his custody, provided the clerk has not abused his discretion. 79-54

If a domestic abuse petition is filed under section 813.12(2), Stats., in conjunction with an action affecting the family commenced under chapter 767, no separate filing fee is applicable because a filing fee already would have been collected by the clerk under section 814.61(1) when one of the family actions enumerated under section 767.02(1) was commenced. In the absence of a pending family action, a domestic abuse action under section 813.12 is commenced with service of the petition upon the respondent if a copy of the petition is filed before service or promptly after service, and the clerk of court is authorized to collect a fee under section 814.61(1) when a domestic abuse action is commenced in this manner. Under section 813.127, however, there is only one fee applicable where a petitioner combines in one action two or more petitions for domestic abuse, child abuse or harassment if the respondent is

The only fee authorized to be paid any clerk of courts under section 102.26(1), Stats., in worker's compensation matters is a $3 fee imposed under section 814.61(5) when applicable. 75-148

Filing fees for support or maintenance petition

Discussion of circumstances under which additional filing fees for support or maintenance petition under section 814.61(13), Stats., are to be paid. 75-1

Public records

After a transcript of court proceedings is filed with the clerk of court, any person may, pursuant to secs. 19.21(2) and 59.14(1), Stats., examine or copy such transcript. 68-313

CLINICAL PRACTICE PLAN, UNIVERSITY OF WISCONSIN SCHOOL OF MEDICINE

Open meetings

The Clinical Practice Plan Committee, Departmental Practice Plan Committees and University of Wisconsin Clinical Practice Association, which are components of the University of Wisconsin School of Medicine Clinical Practice Plan, are "governmental bodies" as defined in sec. 19.82(1), Stats., and subject to the Open Meetings Law. 70-140

CLINICS

See PRIVATE CLINICS

COLLECTION AGENCIES

Commerce clause

Section 218.04, Stats., requirement that a foreign collection agency maintain a Wisconsin office with records may not violate the commerce clause. U.S. Const. art. I, sec. 8. 69-113

Counties

County is a necessary party to an action on a claim where it has received an assignment under sec. 49.65, Stats. The county may take steps necessary to enforce its claim. Compromise and attorney fees discussed. 65-119

Nonresident collection agencies

Section 218.04, Stats., requires licensure of nonresident collection agencies and solicitors that conduct business with Wisconsin residents solely by mail or telephone. Applying the licensing requirements to such agencies and solicitors would not impermissibly burden interstate commerce. 80-283

Wisconsin collection agency law

COLLECTION OF ACCOUNTS

Department of Industry, Labor and Human Relations

District attorneys may exercise discretion in collecting wages referred by the Department of Industry, Labor and Human Relations, but such discretion must be exercised reasonably. Specific questions concerning collection of wages are discussed including methods of collection, settlements, payment of costs and fees, and enforcement of the statutory lien. 78-171

The Department of Industry, Labor and Human Relations lost discretionary authority to make expenditures from the unemployment compensation "interest and penalties" fund when the Legislature reenacted sec. 20.445(1)(v), Stats., in 1977, but the Department remains responsible for collection of credit extended under the old law. A decision by the Department to discontinue collection efforts is subject to review by the Department of Administration, since it has been entrusted with authority under ch. 16, Stats., to superintend collection of amounts owed the state. (Unpub.). 49-1978

District Attorney

Past consideration"

"Past consideration," as that term is used in sec. 943.24(3), Stats., is present in a situation in which one party belatedly delivers to another a check in consideration for goods transferred at an earlier date from the payee to the drawer, although said check is later determined to have been worthless at the time of issuance. "Past consideration" as that term is used in sec. 943.24(3), Stats., is also present in a situation in which an employe pays back his employer by way of a worthless check for money discovered missing from a restaurant cash register for which the employe was responsible. 66-168

COLLECTIVE BARGAINING

Attorney General

Attorney General declines to render an opinion on what is subject to collective bargaining in view of a preferred legislative intent that such questions be resolved through the declaratory judgment procedure before the Wisconsin Employment Relations Commission subject to judicial review. 63-590

Closed session

Where Water and Light Commission has power to fix compensation of employes, it may meet in closed session to discuss and vote upon increases for non-union employes. A record must be made of motions and roll-call votes at open and closed meetings. Such record is open to inspection and copying subject to sec. 19.21, Stats., and common-law limitations with respect thereto. 67-117