FEE SPLITTING
See PHYSICIANS AND SURGEONS
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
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 remedial sanction under chapter 785 after which the specific remedy is to be imposed by the court under section 785.04(1). 76-100
County clerk
Changes made to section 29.09(7m), Stats., by 1987 Wisconsin Act 27 did not alter the county board's authority to permit the county clerk to keep the issuing fees prescribed by sections 29.09(10) and 29.092(15) as part of his or her compensation. 77-267
Court reporters
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
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 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
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
Domestic abuse petition
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
Garnishment actions
In garnishment actions, a clerk of circuit court is not authorized to collect the deposit and disbursement fees set forth in section 814.61(12)(a), Stats., unless the garnishee has paid money into Court and obtained a court order directing the Clerk of Courts to deposit the money in a safe depository. State agencies are not required to pay the fees outlined in section 814.61 (except for the filing fee in section 814.61(1)), nor are they required to pay the fee for filing a garnishment action under section 814.62(1). 73-3
Milwaukee County Sheriff
Section 71.13(3)(g), Stats., requires that the Sheriff of Milwaukee County perform duties of service and filing in connection with collection of state income and franchise taxes pursuant to sec. 71.13, Stats., without advancement of fees by the Department of Revenue. 69-37
Mining permit application
All staff work necessary to determine whether an applicant meets the requirements of the Metallic Mining Reclamation Act must be included in the cost of evaluating the permit, including any evaluation of compliance with other environmental requirements. The withdrawal of a mining permit application by the applicant prior to a final decision on the application does not relieve the applicant from the obligation to pay the cost of evaluation. 76-150
Municipalities
A municipality must pay the five dollar fee imposed under section 814.63(2), Stats., upon disposition of a forfeiture action in circuit court for a municipal ordinance violation. The fee may not be passed on to the defendant. 80-151
Municipality must pay $5.00 nonrefundable fee provided for in sec. 814.63(2), Stats., where a forfeiture action has been disposed of in circuit court after transfer from municipal court upon demand for jury. 72-129
Natural Resources, Department of
Fees collected by the Department of Natural Resources for admissions to state parks and forests are subject to sales taxation under sec. 77.52(2)(a)2., Stats. 66-205
Processing 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
Public administration
Abolition of the Office of Public Administrator, effective January 1, 1974, by ch. 90, Laws of 1973, requires that such officers submit their final reports and claims for fees as soon after 1973 as possible in order to obtain reimbursement without undue delay and complications. 62-245
Public records
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
Under the Public Records Law, the fee for copying public records may include a component for labor expenses actually, necessarily and directly incurred in connection with reproduction of public records; search fees cannot be charged as reproduction fees; local units of government cannot by ordinance establish public record copy fees that deviate from actual, necessary and direct costs of reproduction; and the municipal law provision authorizing the same fee for the same service has little if any practical impact vis-a-vis the requirement that fees for public records be limited to actual, necessary and direct costs. 72-150
Register in Probate
Filing fees provided in sec. 253.34(1)(a), Stats., should be charged in informal probate proceedings authorized by ch. 865, Stats., created by ch. 39, Laws of 1973. 62-308
Section 253.34(1)(a), Stats., dealing with filing fees was not amended by ch. 310, Laws of 1971, which amended inheritance tax rules on survivorship interests. 62-32
The time of the filing of the inventory of the estate, not the time of filing the petition for probate, determines the applicable filing fee. (Unpub.). 62-1987
Sheriffs
Sheriffs may collect the statutory fee for each service or attempted service of process; fees for mileage, however, may only be collected if service is successful. 73-106
Wage claims
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
Waterfowl propagation areas
Assembly Bill 894 as drafted is constitutional and allows the State to contribute $1 of the $3 fee collected from a state waterfowl hunting stamp to private nonprofit organizations for development of waterfowl propagation areas in Canada. 67-56
.42/51.437 BOARD
Appointments to
Persons appointed by County Executive and confirmed by County Board to County Veterans Service Commission, single county 51.42 Board or County Institutions Board serve for statutory term as stated in years and until their successors are appointed, confirmed and qualified. Persons appointed to vacancies in such positions also serve until their successors are appointed, confirmed and qualified. Difference between personal term of officer and statutory term which pertains to Office discussed. 73-99
The appointing authority has broad discretion to determine the interests and abilities of persons appointed to a "51.42 board." 78-56
Civil service
Where a county board has established a civil service ordinance applicable to all county personnel other than the exceptions provided in sec. 59.07(20), Stats., the Director of the 51.42 Board does not have authority to grant vacation with pay to a 51.42 Board employe which is not authorized under the county civil service ordinance. 67-143
Corporation Council
Corporation Council should provide legal advice and representation to 51.42 and 51.437 Boards as well as to the County Board. 63-468
County Board
The County Board of Supervisors may require its approval of contracts for purchase of services by the Community Services Board if so specified in its coordinated plan and budget. Otherwise it may not. 69-128
Legal counsel
Section 51.42(5)(h)7. permits multicounty 51.42/51.437 Board to retain private legal counsel only where the Corporation Counsel of each county, or District Attorney of each county not having a Corporation Counsel, notifies the Board that he or she is unable to provide specific services in a timely manner. Litigation, as used in section 59.44(3), applies only to civil court proceedings and does not include grievance proceedings or proceedings before an administrative agency. 73-8
Liability, reimbursement and collection for services
Liability, reimbursement and collection for services provided under secs. 51.42 and 51.437, Stats., programs discussed. 65-49; 63-560
Menominee Indians
Individual Menominee Tribe members are eligible to participate in voluntary programs mandated in ch. 51, Stats., but the State cannot accept tribe members into involuntary programs on the basis of tribal court orders alone. 70-219
