Bar dues
A county board of supervisors does not have authority to pay the bar dues of elected circuit judges serving the county. Such dues are professional responsibilities of the person serving as judge and are not costs of operation of the circuit court. The Legislature could enact legislation to empower the county to pay such dues as a part of compensation or reimbursement for expense connected with duties, or could provide that the State pay such dues. 74-164
Cases, assignment of
Judges of the branches of County Court, rather than County Board of Judges, which is made up of both Circuit Court and County Court Judges, have power to assign specific types of cases to specific branches of the County Court, pursuant to sec. 253.18, Stats. Likewise, judges of the branches of Circuit Court have power to assign specific types of cases to specific branches of the Circuit Court, pursuant to sec. 252, Stats. 63-92
Constitutional amendment
1971 Enrolled Joint Resolution 26 includes two propositions which may be submitted to the electors as one amendment to the Wisconsin Constitution. 63-28
Insurance
A county's obligation to continue life insurance for those judges who have exercised the sec. 753.07(4), Stats., option does not terminate when the county salary supplements end on July 1, 1980. 69-133
John Doe proceeding
Limits of a judge's authority in presiding over or conducting a John Doe proceeding discussed. Section 968.26, Stats., is not unconstitutional as a violation of the separation of powers doctrine. 76-217
Legislature
Section 2 of 1977 Senate Resolution 14 which, if adopted, would create Senate Rule 73(1)(b), prohibiting members who are attorneys from voting on bills creating additional judgeships or pay raises or retirement benefits for judges, would unconstitutionally deny equal protection of the laws to those citizens represented in the Senate by members who are also attorneys. 67-310
Mittelstadt, resignation
A county judge's resignation is effective when successor qualifies. Judicial Code's only sanction is censure. 62-35
Oath, filing of
Municipal justice files oath and bond with clerk of circuit court who files certified copy of bond with clerk of municipality for which justice was elected. Town boards, including those authorized to exercise village powers, cannot prohibit conduct the same or similar to that prohibited by chs. 941 to 947, except as provided in sec. 66.051(1), (2) and (3), Stats., or other express statutes. 66-58
Reserve judge, eligibility requirements
If defeated in the last attempt at reelection, a judge must have served eight years as a circuit judge, not a county judge, before August 1, 1978, in order to be eligible for appointment as a reserve judge. 74-206
Retirement systems
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
Salaries and wages
Chapter 38, Laws of 1979, is effective to every judge of a Court of Record and Justice of the Supreme Court when either a Supreme Court Justice or judge of a Court of Record commences a term of office. 69-4
Chapter 114, Laws of 1977, provided for 5.5% increase to the dollar value of the salary range minimum and maximum for the salary schedule applicable to circuit judges as of July 1, 1978; however, as sec. 20.923(2), Stats., provides that the salary of a circuit judge is set at the midpoint of the salary group in effect "at the time of taking the oath of office" subject to Wis. Const. art. IV, sec. 26, such increase is not applicable to circuit judges during current terms until some person, on or after July 1, 1978, who was elected or appointed, qualifies as judge and takes an oath for a new term. (Unpub.). 74-1978
JUDICIAL COMMISSION
Powers
Orders of former Judicial Commission, which was created and abolished by Supreme Court order, which created temporary vacancies in the 26th Judicial Circuit Court, Walworth County, and Branch I of the 22nd Judicial Circuit Court in Waukesha County, are presumed valid until altered or held invalid by proper authority. Final authority in the Supreme Court. Present Judicial Commission, created by legislative act, pursuant to Wis. Const. art. VII, sec. 11, is successor to former Commission. The Commission has power to invoke its jurisdiction over the temporary vacancies, and probably has a duty pursuant to sec. 757.85(1), Stats., to "investigate any possible . . . disability of a judge" and whether the disabilities, previously determined, continue. 69-5
JURIES
Freedom of speech
Sections 756.03 and 756.031, Stats., prohibiting a person from soliciting jury duty, are constitutional enactments. 69-19
JURISDICTION
Divorce Reform Act of 1977
Interpretation of certain statutory sections enacted pursuant to ch. 105, Laws of 1977. The provisions of sec. 247.265, Stats., require every order for support or maintenance listed therein to include a wage assignment order. Section 247.02(1)(i), Stats., allows all actions to modify a judgment in an action affecting marriage to be commenced in any court having jurisdiction under sec. 247.01, Stats. 68-106
Gambling
Wisconsin prohibits gambling on the Wisconsin portion of the Mississippi River. An Iowa licensed river boat equipped with casino-type gambling games may be in violation of chapter 945 if it enters Wisconsin water. 79-206
Indian Child Welfare Act
Jurisdictional questions relating to the implementation of the Indian Child Welfare Act (25 U.S.C. sec. 1901 et seq.) discussed. 70-237
Marriage and divorce
Interpretation of certain statutory sections enacted pursuant to ch. 105, Laws of 1977. The provisions of sec. 247.265, Stats., require every order for support or maintenance listed therein to include a wage assignment order. Section 247.02(1)(i), Stats., allows all actions to modify a judgment in an action affecting marriage to be commenced in any court having jurisdiction under sec. 247.01, Stats. 68-106
Menominee County
Public Law 280 (67 Stat. 588, 28 U.S.C. sec. 1360 and 18 U.S.C. sec. 1162) is not applicable to the Menominee Tribe but state general jurisdiction will continue until the federal and tribal governments assume jurisdiction pursuant to the Menominee Restoration Act. Menominee County, or portions thereof, could be merged with an adjoining county or counties by procedures set forth in sec. 59.997, Wis. Stats., but any division of the County would require prior majority vote of the County's legal voters. 64-184
Menominee Tribe
Jurisdictional relationship between State and Menominee Tribe discussed. 70-36
Mississippi riverboat
Wisconsin prohibits gambling on the Wisconsin portion of the Mississippi River. An Iowa licensed river boat equipped with casino-type gambling games may be in violation of chapter 945 if it enters Wisconsin water. 79-206
JUSTICE ASSISTANCE ACT OF 1984
Use of funds
The Fox Valley Technical Institute is not a "unit of local government" for the purpose of receiving federal Justice Assistance Act (JAA) funds. Also, JAA funds which are specified for use by local units of government for local projects cannot be used to support statewide crime prevention activities. 75-265
JUVENILE COURT
See also COURTS; MINORS
Citation and forfeiture procedures
Citation and forfeiture procedures for juveniles as affected by chs. 300 and 359, Laws of 1979, are discussed. 70-67
District Attorney
The duties of the District Attorney under secs. 48.04(3) and 59.47(11), Stats., relate only to appearing and assisting in juvenile court proceedings. Such duties normally do not include the performance of ministerial or clerical functions in drafting juvenile court petitions under sec. 48.20(2), Stats. 62-273
The juvenile court cannot require the District Attorney to serve the summons or notice required by ch. 48, Stats. However, the District Attorney, as an officer of the court, may voluntarily do so to aid the court in the administration of justice. 72-145
Iron County
Under the provisions of sec. 48.12, Stats., the Iron County juvenile court has jurisdiction of delinquency petitions based on violation of the Michigan criminal law by children who are residents of and present in Iron County. 62-229
Jurisdiction
The provisions of sec. 48.12, Stats., vest exclusive jurisdiction in the juvenile court over persons under 18 years of age who violate the provisions of secs. 66.054(25) and 176.31, Stats., which impose criminal penalties on a person under 18 years of age who procures, possesses or consumes any intoxicant or who falsely represents his age for the purpose of procuring any intoxicant. 63-95
