Redemption notice
In publishing redemption notices for tax delinquent lands under sec. 75.07(1), Stats., County Treasurer is not authorized to omit the names of persons to whom such property was last assessed. 63-118
Section 75.07(1), Stats., requiring publication of redemption notice prior to expiration of time to redeem lands sold for taxes, is directory only; and failure to include in such publication the name of the person to whom such taxes were assessed does not invalidate a subsequent tax deed. 63-116
Register in Probate
Section 851.74(3), Stats. (1977), which requires Registers in Probate to make payments to the County Treasurer on the first Monday of each month, does not preclude more frequent payments. 68-117
Salaries and wages
A county board does not have power to deny salary to a county treasurer during a period of sickness where such official has not resigned or has not been removed for cause. Under present statutes county board does not have power to establish sick leave and vacation benefits for elected county officials. Remedies discussed. 65-62
Sick leave and vacation benefits
A county board does not have power to deny salary to a county treasurer during a period of sickness where such official has not resigned or has not been removed for cause. Under present statutes county board does not have power to establish sick leave and vacation benefits for elected county officials. Remedies discussed. 65-62
Supervision of
County board can only grant powers of indirect supervision to Finance Director with respect to accounting or bookkeeping duties of County Clerk required by statute or board resolution to be performed by such officer. 65-132
Welfare checks
The conclusion of 52 OAG 439 (1963), that welfare payment checks must not only be prepared but actually mailed by the County Treasurer, is still valid. 70-201
COURT COMMISSIONER
Bail
Judges and court commissioners have power, prior to the filing of a criminal complaint, to release on bail persons arrested for commission of a felony. 65-102
Buffalo County
Family Court Commissioners must be appointed in Pepin and Buffalo counties; each must be a resident of the county he serves and each county is obligated to pay an annual salary to each officer and each part-time officer is entitled to the state salary supplement at the rate of $2,000 per year. (Unpub.). 21-1975
Criminal warrants
Non-lawyer court reporters cannot be delegated power to issue criminal warrants and conduct initial appearances pursuant to sec. 757.69(1)(b), Stats. 72-39
Extend the employment of
Either the County Board as employer or the judges of the county as appointing authority has the authority under sec. 41.11(1), Stats., to extend the employment of a family court commissioner beyond normal retirement date. 67-120
Legislation
If sec. 356 of 1977 Senate Bill 720 or the amendment to sec. 356 contained in Senate Amendment 3 to Senate Bill 720 were enacted into law, either would be constitutionally invalid. 67-134
Marriages
Court commissioners do not have the power to officiate at marriages outside the county for which they were appointed. 78-16
Pepin County
Family Court Commissioners must be appointed in Pepin and Buffalo counties; each must be a resident of the county he serves and each county is obligated to pay an annual salary to each officer and each part-time officer is entitled to the state salary supplement at the rate of $2,000 per year. (Unpub.). 21-1975
Salary
Part-time Family Court Commissioner also serves as District Attorney not entitled to practice law privately is entitled to minimum salary of $16,500 as District Attorney by reason of sec. 59.471(3), Stats., separate salary from county as Family Court Commissioner under sec. 247.17, Stats., and to the state supplement at the annual rate of $2,000 provided by sec. 59.495(2), Stats., created by ch. 331, Laws of 1973. 63-433
Traffic cases
A court commissioner lacks authority in traffic cases to accept pleas of no contest from defendants who do not appear but make a deposit, to accept pleas of no contest and guilty from defendants who appear, and to assess penalties against these defendants, since a court commissioner has only those powers conferred by statute and since the statutes do not authorize court commissioners to conduct such activities. (Unpub.). 21-1978
COURT REPORTERS
Compensation and work rules
A county must permit its own employes who perform court reporting functions indistinguishable from those performed by court reporters employed by the state to retain all statutory fees which can be retained by state-employed court reporters, including those fees which are the statutory obligation of the county. The salaries of such employes could be structured to account for the payment of those fees. A county may prohibit its employes who perform court reporting functions from typing transcripts during normal county working hours if they receive fees in addition to their normal county salary for furnishing such transcripts, but such a prohibition may not interfere with the ability of those employes to comply with the requirements of statutory provisions or supreme court rules for the preparation of transcripts within specified time periods or with the orderly operation of the judicial system. 81-7
Free copy machine services
Counties are not required to provide free copy machine services for court reporters who collect fees under section 814.69(2), Stats., for furnishing transcripts to parties. 79-157
Salaries
A county must permit its own employes who perform court reporting functions indistinguishable from those performed by court reporters employed by the state to retain all statutory fees which can be retained by state-employed court reporters, including those fees which are the statutory obligation of the county. The salaries of such employes could be structured to account for the payment of those fees. A county may prohibit its employes who perform court reporting functions from typing transcripts during normal county working hours if they receive fees in addition to their normal county salary for furnishing such transcripts, but such a prohibition may not interfere with the ability of those employes to comply with the requirements of statutory provisions or supreme court rules for the preparation of transcripts within specified time periods or with the orderly operation of the judicial system. 81-7
COURTS
See also BENCH WARRANT; CONTEMPT OF COURT; COUNTY COURT; COURT COMMISSIONER; JUDGES; JUVENILE COURT; FEES
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
ln 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 remedial sanction under chapter 785 after which the specific remedy is to be imposed by the court under section 785.04(1). 76-100
Appeals
Judgments of commitment under the Youthful Offenders Act must be appealed within 90 days. 66-242
Contempt of court
Courts of record in the State of Wisconsin have the authority to hold juveniles in contempt of court; limited circumstances under which sanction of imprisonment may be imposed discussed. 70-98
Costs of prosecution"
Courts lack authority to impose and enforce payment of "costs of prosecution" as a condition of probation in absence of statutory authority; courts may dismiss a criminal charge upon payment of agreed "costs of prosecution" as part of plea bargain which court accepts. (Unpub.). 42-1982
Family Court Commissioner
The family court commissioner represents the public interest and does not act as an advocate for the party benefited when he brings a remedial contempt proceeding to enforce an existing order or judgment under section 767.29(1), Stats. 76-21
Partner of Commissioner is prohibited from serving as counsel in any divorce action in county which Commissioner holds office but may serve as counsel in divorce actions in other counties. This prohibition may not be waived by the parties to the divorce action. 67-64
Fees
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. 76-148
Jail sentence, staying execution of
A trial court does not have the authority to stay the execution of a sentence of imprisonment to the county jail for more than sixty days except for legal cause or when placing a person on probation; overcrowding does not constitute legal cause under section 973.15(8)(a), Stats. 76-165
