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
Official seal
A circuit or county court may use as its official seal on documents an ink seal printed by a rubber stamp. 66-275
Qualifications for office of judge
Under Wis. Const. art. VII, sec. 24(1), as amended April, 1977, a person must have been licensed to practice law in Wisconsin for five years immediately prior to the date of the election, rather than the date the term begins, to be eligible to the office of circuit judge. (Unpub.). 1-1979
Records
Sections 59.07(97), 59.39(9m), 59.395(7) and 767.29(1), Stats., require a clerk of circuit court to keep a record of payments and arrearages in payments ordered by a court for child support and maintenance. Such clerk is required to compute and enter amounts of arrearage on the basis of court orders and judgments on file with such clerk and payments received and receipted by such clerk. (Unpub.). 20-1982
Sentencing juvenile to county jail
The exclusive grant of jurisdiction to circuit courts for enumerated traffic offenses under section 48.17(1), Stats., involving juvenile offenders, sixteen years of age or older, includes the authority to sentence juveniles to the adult section of the county jail where the penalty is prescribed by the substantive traffic statute. 79-94
Special prosecutor
Circuit courts of this state may sua sponte appoint a special prosecutor in contempt actions pursuant to ch. 785, Stats., without the need to resort to the provisions of sec. 59.44, Stats. 72-1
CIRCUIT JUDGE
Firearms
Although judges are conservators of the peace, they are not peace officers who are allowed to carry concealed weapons. 69-66
Retirement
Milwaukee County Board is not authorized by ch. 405, Laws of 1965, to change the provisions of the Milwaukee County Employes' Retirement System so as to provide a pension payable to circuit court judges based on the salary paid by the State. 62-149
Salaries
Chapter 114, Laws of 1977, provided for a 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
Salaries-county supplements
Sections 20.923(3m) and 753.071, Stats., constitutionally empower counties to reduce the county supplements to the state-paid salaries of circuit judges between August 1, 1978, and June 30, 1980, provided that there is compliance with the minimum and maximum salary perimeter established in those sections. 68-118
CIRCUS WORLD MUSEUM
See HISTORICAL SOCIETY, STATE
CITIES
See also MUNICIPALITIES
Alderman
Where, as a result of the alteration of the county board supervisory districts, a supervisor's residence is left outside the district he or she represents, the supervisor may continue to represent that district until the expiration of his term. When a city has combined the offices of alderman and county board supervisor where the aldermanic and supervisory boundaries are coterminous, the county board retains its discretion to decide whether to alter the supervisory districts after the city has annexed territory. 76-10
Common Council
Common Council may not vote to fill vacancy of alderman by secret ballot. Sec. 19.88(1), Stats. 65-131
Compatibility
Compatibility of the office of alderperson with positions of city employe, teacher in city school district and firefighter discussed in general terms. 67-177
County board member cannot serve on joint county-city hospital board created under sec. 66.47, Stats., by reason of secs. 59.03(4), 66.11(2), Stats., but city council member could, and whether such member can receive additional remuneration for such service depends on whether he was appointed by the county board chairman, mayor, or mayor and county board chairman. 66-145
Fire protection
A city probably can contract with a county to provide fire protection to a county institution located outside of boundaries of said city. 62-84
Fort Atkinson
Where city created tax incremental finance district by resolution adopted May 1, 1977, date of creation for purposes of calculating extended six year cut-off period within which expenditures must be made under sec. 66.46(6)(a)2., Stats., was January 1, 1977, and six year period expired on December 31, 1982. (Unpub.). 23-1983
Incorporation referendum
An incorporation referendum held pursuant to sec. 66.018, Stats., is effective immediately if a majority of the votes cast are for incorporation. 70-128
Insurance
A city council of a city other than the first class does not have legal authority to obligate the city and authorize the use of city funds for payment of health insurance premiums on policies for the benefit of alderpersons and other elected officials, irrespective of their years of service, who have left office. 70-77
Lands sold for taxes
An ordinance enacted by a city council to purchase lands sold for taxes under sec. 74.43(3), Stats., only becomes operative where the county board has not acted to purchase such lands under sec. 74.44(1), Stats. Advertising and bidding requirements of sec. 75.69(1), Stats., are not applicable to a sale to a city under sec. 75.69(2), Stats., but are applicable to a subsequent sale by a city, unless the transfer still falls within the exemptions in sec. 75.69(2). 67-150
Libraries
Municipal libraries are a matter of paramount local concern as opposed to a statewide concern and are subject to otherwise constitutionally legal local legislative enactments under the home-rule provisions of the State Constitution. Acting pursuant to Wis. Const. art. XI, sec. 3, sec. 66.01, Stats., a city or village governing body can change the composition of its municipal library board and can limit powers of such board granted by ch. 43, Stats., where the municipal library is not part of a library system. 70-54
Malt beverages
An alderman holding a Class "B" Fermented Malt Beverage and Intoxicating Liquor License is ineligible to vote on the granting, renewal or revocation of such a license. 63-545
Milwaukee Retirement System
The City of Milwaukee cannot terminate a CETA employe's membership in the Retirement System on grounds not in effect by the time membership was attained, except as otherwise expressly provided by the Legislature. (Unpub.). 41-1978
Open meeting
Public notice under sec. 19.84(2), Stats., for meeting of governmental body should be as specific as possible but a governmental body can discuss matters not specifically set forth in the notice and not known to chief presiding officer when the notice was given if the notice contains item similar to "such other matters as are authorized by law." Such procedure should be utilized with restraint. 66-143
Pedestrian mall
The expenses incurred by a city in converting a vehicular traffic street to a pedestrian mall may be assessed against the state as an abutter under sec. 66.64, Stats., and the assessment paid if approved by the Board of Commissioners of Public Lands. (Unpub.). 45-1975
Property
Subject to approval of the fiscal board or the city council, a city school district has the authority to sell real and personal property no longer used for school purposes. Under sec. 120.56(2), Stats., money received from such sales must be placed in a sinking fund under the control of the fiscal board to be used for educational purposes. Municipalities may enter into an agreement with a joint school district to provide for the sale or transfer of property being used by the school district for educational purposes. Such agreement may provide for the payment of the purchase price in services, materials or property provided that the value of such purchase price constitutes the fair market value. 66-272
Real estate taxes
Section 74.80(2), Stats., permits counties and cities to impose by ordinance a flat six percent or less penalty on overdue real estate taxes and special assessments, regardless of when they became or become overdue. 71-189
Reimbursement
Pursuant to sec. 895.35, Stats., a city council can, in limited circumstances, reimburse a council member for reasonable attorneys' fees incurred in defending an alleged violation of the Open Meeting Law, but cannot reimburse such member for any forfeiture imposed. Section 895.46(1), Stats., is not applicable to forfeiture actions. Such member could not be reimbursed, indirectly, under liability insurance policy procured by a municipality, for any forfeiture imposed. 66-226
A city may reimburse a commissioner of the city redevelopment authority for his legal expenses incurred where charges are filed against him in his official capacity seeking his removal from office for cause and such charges are found by the common council to be unsupported. Such reimbursement is discretionary. The city redevelopment authority lacks statutory authority to authorize reimbursement for such legal expenses. 63-421
