70.26 SCR 70.26 Deputy chief judge. The chief judge of each judicial administrative district shall appoint a deputy chief judge to serve under the chief judge. The deputy chief judge shall serve at the pleasure of the chief judge. The deputy chief judge shall provide assistance to the chief judge in administrative areas requiring the participation by a judicial officer. The deputy chief judge's duties and authority are delegated by the chief judge and may include acting for the chief judge in his or her absence and representing the chief judge at official functions or in dealings with other agencies. The chief judge may appoint a special deputy chief judge in the event the chief judge and deputy chief judge are absent or unavailable for 10 working days or less. A special deputy chief judge has the same authority as the deputy chief judge under this rule.
70.265 SCR 70.265 Presiding judge. The chief judge of each judicial administrative district may appoint a presiding judge in any multijudge circuit to serve under the chief judge. The presiding judge shall serve at the pleasure of the chief judge and provide assistance to the chief judge in administrative areas in the circuit in which he or she is the presiding judge. The chief judge may authorize the presiding judge to act for the chief judge in that circuit on any and all administrative duties specifically or generally delegated.
70.27 SCR 70.27 Budget and personnel. The director of state courts shall develop uniform budgetary policies and procedures for the expenditures of state funds for the judicial administrative districts. The director shall also develop personnel policies and procedures for nonjudicial state court personnel of the districts. Expenditure of state funds by a chief judge is subject to approval by the director of state courts.
70.29 SCR 70.29 Director of state courts; assistance for trial courts. The director of state courts may:
70.29(1) (1) Provide technical assistance to any judicial administrative district in response to a request from the chief judge.
70.29(2) (2) Conduct a study of trial court administration in any district.
70.29(3) (3) Recommend changes in trial court administration to the chief judge of any judicial administrative district.
70.30 SCR 70.30 District court administrators; creation.
70.30(1)(1) Judicial administrative districts 1 to 10 shall each employ a district court administrator.
70.30(2) (2) The director of state courts may recommend to the supreme court that assistant district court administrator positions be created in one or more judicial administrative districts.
SCR 70.30 History History: Sup. Ct. Order No. 97-04, 212 Wis. 2d xiii (1997).
70.31 SCR 70.31 District court administrator; appointment. District court administrators shall be appointed by the respective chief judges from a list of candidates supplied by the director of state courts, who is responsible for recruiting for these positions. The chief judge may reject a list and request one additional list of candidates.
SCR 70.31 History History: Sup. Ct. Order No. 97-04, 212 Wis. 2d xiii (1997).
70.32 SCR 70.32 Chief judge; clerk of courts. The chief judge may direct the activities of all clerk of court offices within the district and may recommend or direct changes in the operation of any clerk's office.
70.33 SCR 70.33 Guidelines; policies. The director of state courts shall prepare and keep current guidelines to aid the chief judges in carrying out their administrative responsibility and authority.
70.34 SCR 70.34 Uniform rules for judicial administrative districts. The director of state courts shall develop uniform rules for trial court administration. Each chief judge may adopt additional local rules not in conflict with the uniform judicial administrative rules.
70.35 SCR 70.35 Reserve judge eligibility.
70.35(1)(1) To be eligible for appointment as a reserve judge to perform marriages, a person must be eligible under s. 753.075 (2), stats.
SCR 70.35 Note (2) To be eligible for appointment as a reserve judge to perform judicial assignments, a person must meet all of the following conditions:
SCR 70.35 Note (a) Be eligible under s. 753.075 (2), stats.
SCR 70.35 Note (b) Be eligible for appointment under SCR 32.08.
SCR 70.35 Note (c) Subject to sub. (3), have in force and on file with the office of the director of state courts a written consent to eligibility for appointment as a reserve judge. The written consent shall be renewed in writing for each successive calendar year and in the form provided under. sub. (5).
SCR 70.35 Note (3) If a consent form under sub. (2) (c) is not renewed for a successive calendar year before the end of the calendar year for which it has been filed, the person is not eligible to be a reserve judge until at least 6 months after his or her most recent consent form under sub. (2) (c) expires.
SCR 70.35 Note (4) A person may withdraw, in writing, a consent to eligibility for appointment as reserve judge. If a consent is withdrawn, the person may not file a consent form under sub. (2) (c) for six months from the effective date of the withdrawal.
SCR 70.35 Note (5) (a) The written consent form for permanent reserve judges shall be in the following form:
SCR 70.35 Note “If I am appointed a permanent reserve judge, as that term is defined in section 753.075 of the Wisconsin Statutes, I consent to be bound by all provisions of the Code of Judicial Conduct (Supreme Court Rules chapter 60) from the date of that appointment and until its expiration."
SCR 70.35 Note (b) The written consent form for all other reserve judges shall be in the following form:
SCR 70.35 Note “In consideration of being eligible for appointment and assignment as a reserve judge during . . . . (year), I consent to be bound for that year by the provisions of the Code of Judicial Conduct (Supreme Court Rules chapter 60) applicable to reserve judges."
SCR 70.35 History History: Sup. Ct. Order No. 97-04, 212 Wis. 2d xiii (1997).
70.36 SCR 70.36 Judges' and circuit court commissioners' certification of status of pending cases.
70.36(1)(a)(a) Every judge of a circuit court shall decide each matter submitted for decision within 90 days of the date on which the matter is submitted to the judge in final form, exclusive of the time the judge has been actually disabled by sickness. If a judge is unable to do so, within 5 days of the expiration of the 90-day period the judge shall so certify in the record of the matter and notify in writing the chief judge of the judicial administrative district in which the matter is pending, and the period is thereupon extended for one additional period of 90 days. This subsection applies to an assigned reserve judge.
70.36(1)(b) (b) In the exercise of its superintending and administrative authority over all courts and upon written request from a chief judge, the supreme court may extend the period specified in par. (a) for decision in specific matters as exigent circumstances may require.
70.36(2)(a)(a) Within the first 10 days of each month every judge of a circuit court shall execute and file with the office of the director of state courts:
70.36(2)(a)1. 1. A certificate stating that there are no matters awaiting decision beyond the 90-day or, if extended by certification and notification, the 180-day period specified in sub. (1) (a), but if the 90-day period has been extended by certification and notification, a copy of the certification and notification shall be attached to the certificate; or
70.36(2)(a)2. 2. If there are matters so pending, a certificate setting forth the name and docket number of each of matter, the court in which it is pending, and the date on which it was submitted to the judge in final form.
70.36(2)(a)3. 3. Certificates filed under subd. 1. or 2. shall be retained by the office of the director of state courts for 10 years from the date of filing.
70.36(2)(b) (b) The office of the director of state courts shall send a copy of certificates listing pending matters to the chief judge of the judicial administrative district in which those matters are pending and shall notify the chief judge of a judicial administrative district of the failure of a judge within the district to file a certificate pursuant to this subsection.
70.36(3) (3) The director of state courts, pursuant to SCR 70.10, and the chief judge, pursuant to SCR 70.19 (3) (a), shall assign judges as needed or take other steps for the timely disposition of judicial business to assist a judge who has filed a certificate under sub. (2) (a) 2. or 3.
70.36(4) (4) Failure of a judge to comply with the requirements of sub. (1) (a) or sub. (2) (a) may result in one or more of the following remedial measures:
70.36(4)(a) (a) Change of the judge's assignment, pursuant to SCR 70.19 (3) (a).
70.36(4)(b) (b) Referral of the matter by the director of state courts to the supreme court for the initiation of contempt proceedings.
70.36(4)(c) (c) Referral of the matter by the director of state courts to the judicial commission for investigation of possible misconduct.
70.36(5)(a)(a) In this subsection,
70.36(5)(a)1. 1. “Chief judge" means the judge appointed under SCR 70.18 for the judicial administrative district in which the matter is pending.
70.36(5)(a)2. 2. “Circuit court commissioner" means a person appointed under SCR 75.02 (1) and a person authorized under SCR 75.02 (3) to the limited extent of that authorization.
70.36(5)(b) (b) A circuit court commissioner should not routinely take matters under advisement. Every circuit court commissioner shall decide any matter within 30 days after the matter is submitted to him or her for decision. If the circuit court commissioner is unable to decide a matter within 30 days, he or she shall notify the chief judge not later than 5 days before the end of the 30-day period. The chief judge may extend the period to decide the matter for an additional 30 days or may require the circuit court commissioner to suspend all other assigned activities until the decision is filed in the court.
70.36(5)(d) (d) The chief judge may withdraw temporarily or permanently the circuit court commissioner's appointment or authority to act if the commissioner fails to comply with par. (b).
SCR 70.36 History History: Sup. Ct. Order 187 Wis. 2d xxix (1992); Sup. Ct. Order No. 97-10, 216 Wis. 2d xxiii (1998), suspended 218 Wis. 2d xxi, vacated and recreated 221 Wis. 2d xiii (1999); Sup. Ct. Order No. 00-12, 2001 WI 34, 242 Wis. 2d xiii, Sup. Ct. Order No. 00-12A, 2001 WI 44, 242 Wis. 2d lxiii, correcting Sup. Ct. Order No. 00-12; Sup. Ct. Order No. 05-03, 2005 WI 66, 279 Wis. 2d xvii.
SCR 70.36 Note Comment: In addition to possibly constituting judicial misconduct under s. 757.81 (4), Stats, a judge's failure to comply with this rule may constitute contempt of the supreme court and result in the court's imposing a fine for noncompliance. See, In re Hon. Charles E. Kading, 74 Wis. 2d 405, 246 N.W.2d 903 (1976).
70.37 SCR 70.37 Court Of Appeals: Deputy Chief Judge. The chief judge of the court of appeals shall appoint a deputy chief judge to serve at the pleasure of the chief judge. The appointment of a deputy chief judge shall be in writing and filed in the office of the clerk of the court of appeals. The deputy chief judge shall provide assistance to the chief judge in administrative areas requiring the participation of a judicial officer. The chief judge may delegate any of the chief judge's duties and authority as chief judge to the deputy chief judge.
70.40 SCR 70.40 Venue in prisoner cases.
70.40(1)(1) The clerk of circuit court shall use the “IP" (incarcerated person) case type designation to identify pleadings and papers submitted by any prisoner, as defined in s. 801.02 (7) (a) 2., stats., seeking to commence, prosecute or defend an action or proceeding under s. 814.29 (1m), stats., without the prepayment of costs and fees.
70.40(1m) (1m) The clerk of circuit court shall use the family, criminal or civil case type designations when those designations are appropriate and applicable costs and fees are prepaid. The case type designation for any case designated “IP" under sub. (1) shall be changed to and proceed under the appropriate civil case designation whenever a court orders the case commenced under s. 814.29 (1m), stats., without the prepayment of costs and fees.
70.40(2) (2) The court shall determine as much of the following as is necessary, based on the pleadings and papers submitted by a prisoner, in the following order:
70.40(2)(am) (am) Whether all required documentation has been submitted.
70.40(2)(bm) (bm) Whether all available administrative remedies have been exhausted.
70.40(2)(cm) (cm) Whether the prisoner is precluded from filing without the prepayment of costs and fees under s. 801.02 (7) (d), stats.
70.40(2)(dm) (dm) Whether the prisoner is indigent.
70.40(2)(em) (em) In what manner the filing fees and costs are to be paid.
70.40(2)(fm) (fm) Whether the case should be dismissed without requiring the defendant to answer for a reason set forth in s. 802.05 (3) (b), stats.
70.40(2)(g) (g) Whether the venue where the pleadings and papers are submitted is proper.
70.40(2)(h) (h) Whether venue is also proper in another county.
70.40(2)(i) (i) Whether an evidentiary hearing is likely to be needed.
70.40(2)(j) (j) Whether another county where venue is proper is more convenient for the parties and the witnesses.
70.40(3) (3) If sub. (2) (h), (i) and (j) are all answered in the affirmative, the court on its own motion shall change venue to the more convenient county under s. 801.52, stats. The clerk of circuit court shall forward the case to the clerk of circuit court in the more convenient county and shall give notice of that action to the parties. Any order changing venue shall direct payment of costs and fees to the county to which venue is transferred.
70.40(4) (4) If the court to which the case is forwarded under sub. (3) believes an error has been made in the determination that venue is proper in that court, that court shall refer the matter to the chief judge of the district in which that court is located to resolve the matter.
SCR 70.40 History History: Sup. Ct. Order No. 96-14, 210 Wis. 2d xxvii (1997); Sup. Ct. Order No. 99-02, 228 Wis. 2d xix (1999); Sup. Ct. Order No. 08-12, 2008 WI 31, 305 Wis. 2d xiii.
70.41 SCR 70.41 Assistance to court users; court staff guidelines.
70.41(1)(1) Definitions. In this rule:
70.41(1)(a) (a) “Court" means an appellate, circuit, or municipal court.
70.41(1)(b) (b) “Court staff" means persons under the supervision of the clerk of the supreme court and court of appeals, a clerk of circuit court, a circuit court commissioner, a register in probate, a district court administrator, a circuit court judge, or a municipal court judge.
70.41(1)(c) (c) “Forms" means any of the following:
70.41(1)(c)1. 1. Forms that have been approved by the records management committee.
70.41(1)(c)2. 2. Forms that have been approved by a circuit court or municipal judge for use in that jurisdiction.
70.41(1)(d) (d) “Individual" means any person who seeks court-related information, including information needed to file, pursue, or respond to a case.
70.41(1)(e) (e) “Should" is directory only, not mandatory, and connotes a duty or obligation to pursue a goal or objective.
70.41(2) (2) Purpose. The purpose of this rule is to assist the court in communicating with individual court users without practicing law. The rule is intended to enable court staff to provide the best service possible to individuals within the limits of the individual staff member's responsibility. The rule is not intended to restrict powers of court staff otherwise provided by statute or rule nor is it intended to eliminate the collection of applicable fees or costs. The rule is not intended to list all assistance that can be provided. The rule recognizes that the best service the court staff may provide in many proceedings is advising an individual to seek the assistance of an attorney.
70.41(3) (3) Impartiality. Court staff shall remain impartial and may not provide or withhold assistance for the purpose of giving one party an advantage over another.
70.41(4) (4) Authorized information and Assistance. Court staff shall do all of the following:
70.41(4)(a) (a) Provide public information contained in any of the following:
70.41(4)(a)1. 1. Dockets or calendars.
70.41(4)(a)2. 2. Case files.
70.41(4)(a)3. 3. Indexes.
70.41(4)(a)4. 4. Existing reports.
70.41(4)(b) (b) Provide a copy of, or recite, any of the following:
70.41(4)(b)1. 1. Common, routinely employed state and local court rules.
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Wisconsin Supreme Court Rules updated by the Legislative Reference Bureau. Current through all Supreme Court Orders entered before October 2, 2017. Report errors at (608) 266-3561, FAX 264-6948.