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
Juvenile court
A pre-petition investigation provided for by sec. 48.19, Stats., is authorized whenever any human being directs information to the juvenile court tending to show that a child is delinquent, in need of supervision, dependent or neglected. 63-279
Lobbying
Director of State Courts is required by sec. 13.695, Stats., to file a statement with respect to lobbying since the office is an agency within the definition of agency in sec. 13.62, Stats. (Unpub.). 107-1979
Minors
When a municipal court adjudges a child to have violated a municipal ordinance, that court must impose court costs and should add the ten percent penalty assessment provided in sec. 165.87(2), Stats., to any forfeiture imposed for such violation. 69-26
Powers
Assuming individual is entitled to attorney at public expense in mental hearings required by sec. 51.02, Stats., or alcohol or drug abuse hearings required by sec. 51.09(1), Stats., power to appoint, to determine indigency and to fix compensation are judicial and must be exercised by the court or under its direction and cannot be limited by the County Board or delegated to private nonprofit corporation. Any power of the County Board to contract for such services is limited to administrative details. 63-323
Probation and parole
Consecutive terms. Under sec. 973.09(1), Stats., a court may not impose consecutive probation terms. 69-173
Neither sec. 973.09(3)(a), Stats., nor any of the other probation statutes authorizes the trial court to shorten the period of probation once probation has been imposed. (Unpub.). 39-1982
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
Refusal hearing
An individual's fifth amendment privilege against self-incrimination need not be compromised by his or her testimony elicited at the evidentiary refusal hearing afforded to individuals who have requested the opportunity to litigate the lawfulness of their refusal to submit to chemical testing under the implied consent law. Consequently, absent any statutory guidelines, the scheduling of a refusal hearing is within the discretion and calendaring possibilities of the court to which it is assigned. 77-4
Sentencing
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
Court cannot place conditions on a sentence of incarceration. Pursuant to statutes, a court may order a defendant to perform community service work in lieu of part or all of a fine imposed by the court or as a condition of probation. A court cannot impose probation or order a defendant to perform community service work in lieu of imposing a statutorily required minimum jail sentence. 71-41
Traffic
Courts may not dismiss traffic complaints on payment of penalty costs, or costs alone. 63-328
