Wisconsin Legislature: Bar dues

JAIL

See PRISONS AND PRISONERS

JOB TRAINING PARTNERSHIP ACT

Private Industry Council

Section 946.13(1)(a), Stats., may be violated by members of Private Industry Councils when private or public entities of which they are executives, directors or board members receive benefits under the Job Training Partnership Act. 77-306

JOHN DOE PROCEEDING

See JUDGES

JOINT SEWERAGE COMMISSION

See MUNICIPALITIES; WASTE MANAGEMENT

JOINT TENANTS

Conveyances

A certificate of termination of joint tenancy is not an instrument of conveyance which requires a real estate transfer return under sec. 77.22(1), Stats. (Unpub.). 19-1982

Register of Deeds is not authorized to collect and forward to the county court fees set forth in sec. 253.34(1)(a), Stats., where sec. 867.045, Stats., is used for administrative joint tenancy termination for homes. Register of Deeds can administer oath under sec. 867.045(2)(b), Stats. 62-192

JUDGES

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

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

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