VII,2Court system. Section 2. [As amended April 1966 and April 1977] The judicial power of this state shall be vested in a unified court system consisting of one supreme court, a court of appeals, a circuit court, such trial courts of general uniform statewide jurisdiction as the legislature may create by law, and a municipal court if authorized by the legislature under section 14. [1963 J.R. 48, 1965 J.R. 50, vote April 1966; 1975 J.R. 13, 1977 J.R. 7, vote April 1977]

The Shawano-Menominee court was a constitutional district court since Menominee County was not organized for judicial purposes. Pamanet v. State, 49 Wis. 2d 501, 182 N.W.2d 459 (1971).

If s. 425.113 were to be interpreted so as to remove a court’s power to issue a body attachment for one who chooses to ignore its orders, that interpretation would cause the statute to be unconstitutional as a violation of the principle of separation of powers. Smith v. Burns, 65 Wis. 2d 638, 223 N.W.2d 562 (1974).

Courts have no inherent power to stay or suspend the execution of a sentence in the absence of statutory authority. A court’s refusal to impose a legislatively mandated sentence constitutes an abuse of discretion and usurpation of the legislative field. State v. Sittig, 75 Wis. 2d 497, 249 N.W.2d 770 (1977).

The Wisconsin Employment Relations Commission is authorized by s. 111.06 (1) (L) to determine whether conduct in violation of criminal law has occurred, which is not a delegation of judicial power in violation of this section nor does the administrative procedure violate article I, section 8. Layton School of Art & Design v. WERC, 82 Wis. 2d 324, 262 N.W.2d 218 (1978).

Courts have no inherent power to dismiss a criminal complaint with prejudice prior to attachment of jeopardy. State v. Braunsdorf, 92 Wis. 2d 849, 286 N.W.2d 14 (Ct. App. 1979).

The highest standard of proof of an articulated compelling need must be met before a court will order the expenditure of public funds for its own needs. Flynn v. DOA, 216 Wis. 2d 521, 576 N.W.2d 245 (1998), 96-3266.

Judicial assistants are subject to the judiciary’s exclusive authority once appointed. Any collective bargaining agreement between a county and employees’ union that provides for possible “bumping” of the assistant by another employee and final and binding arbitration regarding disputes over bumping is an unconstitutional infringement on the court’s inherent powers. Barland v. Eau Claire County, 216 Wis. 2d 560, 575 N.W.2d 691 (1998), 96-1607.

Probation and probation revocation are within the powers shared by the branches of government. Legislative delegation of revocation to the executive branch does not unduly burden or substantially interfere with the judiciary’s constitutional function to impose criminal penalties. State v. Horn, 226 Wis. 2d 637, 594 N.W.2d 772 (1999), 97-2751.

A court’s inherent powers are those that must be used to enable the judiciary to accomplish its constitutional or statutory functions and include the power to maintain the dignity of the court, transact its business, or accomplish the purpose of its existence. Courts have inherent power to investigate claims that a party is engaging in fraudulent behavior or improperly influencing witnesses, and a court is within its authority to hold an evidentiary hearing on such matters. Schultz v. Sykes, 2001 WI App 255, 248 Wis. 2d 746, 638 N.W.2d 604, 00-0915.

The issuance of a search warrant is not an exercise of “[t]he judicial power,” as that phrase in employed in this section. Instead, issuance of a valid search warrant requires that the individual be authorized by law to issue the warrant, that the individual be neutral and detached, and that the warrant be issued only upon a showing of probable cause. Section 757.69 (1) (b), which allocates the power to issue search warrants to circuit court commissioners, does not impermissibly intrude upon “[t]he judicial power” granted to the courts by this section. State v. Williams, 2012 WI 59, 341 Wis. 2d 191, 814 N.W.2d 460, 10-1551.

The order of reference in this case impermissibly delegated to the referee judicial power vested by this section in Wisconsin’s unified court system. Constitutional judges can take no power from the legislature to subdelegate their judicial functions. Referees may share in judicial labor but cannot assume the place of the judge. In this case, the order of reference enabled the referee to hear and decide all motions filed, whether discovery or dispositive, subject to review by the circuit court under the standard of erroneous exercise of discretion, impermissibly reducing the function of the circuit court to that of a reviewing court. Insofar as the order of reference authorized the referee to supervise pretrial discovery disputes, the order did not contravene the state constitution’s vesting of judicial power in a unified court system. State ex rel. Universal Processing Services of Wisconsin, LLC v. Circuit Court, 2017 WI 26, 374 Wis. 2d 26, 892 N.W.2d 267, 16-0923.

Permitting an executive agency to review judges’ official actions for compliance with the victims’ rights laws would upend the constitutional structure of separated powers. An executive agency, acting pursuant to authority delegated by the legislature, may not review a court’s exercise of discretion, declare its application of the law to be in error, and then sanction the judge for making a decision the agency disfavors. Any other response would unconstitutionally permit an executive entity to substitute its judgment for that of the judge—effectively imposing an executive veto over discretionary judicial decision making and incentivizing judges to make decisions not in accordance with the law but in accordance with the demands of the executive branch in order to avoid a public rebuke reinforced with the imprimatur of a quasi-judicial board. Gabler v. Crime Victims Rights Board, 2017 WI 67, 376 Wis. 2d 147, 897 N.W.2d 384, 16-0275.

While the court’s constitutional judicial discipline power does not expressly include authority to assess a forfeiture or impose an equitable remedy, allowing the legislature to create an executive board with the power to penalize or enjoin official judicial action would be anathema to the judicial independence preserved by the separation of governmental powers under the Wisconsin Constitution. Gabler v. Crime Victims Rights Board, 2017 WI 67, 376 Wis. 2d 147, 897 N.W.2d 384, 16-0275.

Inherent authority of courts consists of only those powers that are necessary for the judiciary to accomplish its constitutionally mandated functions and preserve its role as a coequal branch of government. Wisconsin courts have generally exercised inherent authority in three areas: 1) to guard against actions that would impair the powers or efficacy of the courts or judicial system; 2) to regulate the bench and bar; and 3) to ensure the efficient and effective functioning of the court and to fairly administer justice. State v. Schwind, 2019 WI 48, 386 Wis. 2d 526, 926 N.W.2d 742, 17-0141.

Probation is a statutory creation, and the power to reduce or terminate a term of probation is not necessary for courts to accomplish their constitutionally mandated functions. Therefore, Wisconsin courts do not have the inherent authority to reduce or terminate a period of probation. State v. Schwind, 2019 WI 48, 386 Wis. 2d 526, 926 N.W.2d 742, 17-0141.

In mental hearings under former s. 51.02, 1973 stats., or alcohol or drug abuse hearings under former s. 51.09 (1), 1973 stats., the power to appoint an attorney at public expense, to determine indigency, and to fix compensation are judicial and must be exercised by the court or under its direction and cannot be limited by the county board or delegated to a private nonprofit corporation. 63 Atty. Gen. 323.

Unless acting in a clear absence of all jurisdiction, judges are immune from liability for judicial acts, even when such acts are in excess of their jurisdiction and are alleged to have been done maliciously or corruptly. Stump v. Sparkman, 435 U.S. 349, 98 S. Ct. 1099, 55 L. Ed. 2d 331 (1978).

An integrated state bar’s use of mandatory dues to fund political or ideological activities violates free speech provisions. Keller v. State Bar of California, 496 U.S. 1, 110 S. Ct. 2228, 110 L. Ed. 2d 1 (1990).

State courts retain the authority to apply state constitutional restraints when legislatures act under the power conferred upon them by the elections clause under article I, section 4, of the U.S. Constitution. In interpreting state law in this area, state courts may not so exceed the bounds of ordinary judicial review as to unconstitutionally intrude upon the role specifically reserved to state legislatures by the elections clause. Moore v. Harper, 600 U.S. ___, 143 S. Ct. 2065, 216 L. Ed. 2d 729 (2023).

Court Reform of 1977: The Wisconsin Supreme Court Ten Years Later. Bablitch. 72 MLR 1 (1988).

The Separation of Powers: Control of Courts and Lawyers. Currie & Resh. WBB Dec. 1974.

VII,3(3)(3) The supreme court may review judgments and orders of the court of appeals, may remove cases from the court of appeals and may accept cases on certification by the court of appeals. [1975 J.R. 13, 1977 J.R. 7, vote April 1977]

Discussing the authority of the supreme court to review and modify criminal sentences. Riley v. State, 47 Wis. 2d 801, 177 N.W.2d 838 (1970).

The supreme court’s authority to issue a writ of error is not dependent upon a specific legislative enactment, but the constitution and statutes relating to its appellate jurisdiction give it the authority to issue such writs as are necessary to exercise its appellate jurisdiction. Shavie v. State, 49 Wis. 2d 379, 182 N.W.2d 505 (1971).

A writ of error coram nobis cannot be used for the purpose of producing newly discovered evidence affecting only the credibility of a confession. Mikulovsky v. State, 54 Wis. 2d 699, 196 N.W.2d 748 (1972).