59.40(3)(a)(a) The clerk of the circuit court shall collect the fees that are prescribed in
ss. 814.60 to
814.63. The clerk may refuse to accept any paper for filing or recording until the fee prescribed in
subch. II of ch. 814 or any applicable statute is paid.
59.40(3)(b)
(b) Except as provided in
par. (c), the clerk may invest any funds that are paid into his or her office and are being held for repayment. The investments shall be made in suitably protected accounts in the manner specified in
s. 66.0603 (1m) and all income that may accrue shall be paid into the county general fund.
59.40(3)(c)
(c) A judge may direct that
par. (b) does not apply to certain funds paid into the office. The judge's authority applies only to funds relating to cases before his or her court.
59.40(4)
(4) Clerk of circuit court; collection agency contract. If authorized by the board under
s. 59.52 (28), the clerk of circuit court may contract with a collection agency for the collection of unpaid fines and forfeitures. Any contract entered into shall provide that the collection agency shall be paid from the proceeds recovered by the collection agency. The net proceeds received by the clerk of circuit court after the payment to the collection agency shall be considered the amount of fines and forfeitures collected for purposes of distribution to the state and county under
sub. (2) (m).
59.40 History
History: 1995 a. 27 ss.
3290,
3291;
1995 a. 201 ss.
311 to
318,
320 to
322,
325;
1995 a. 224 ss.
11 to
13;
1995 a. 227 s.
203;
1995 a. 279 s.
8;
1995 a. 404 s.
185;
1995 a. 438;
1995 a. 448 s.
61; Sup. Ct. Order No.
96-08, 207 Wis. 2d xv (1997);
1997 a. 3,
27;
1997 a. 35 ss.
185,
186;
1997 a. 39,
135,
148,
191,
237,
248,
252;
1999 a. 9,
32;
1999 a. 150 s.
672;
2001 a. 16,
56,
61,
105;
2003 a. 33,
139,
321,
326.
59.40 Cross-reference
Cross-reference: See ch.
767 as to collecting and disbursing maintenance and support payments.
59.40 Cross-reference
Cross-reference: See s.
758.13 as to furnishing information to the judicial council.
59.40 Cross-reference
Cross-reference: See ss.
753.30,
801.61,
809.15,
889.08, and
889.09 as to authenticating, certifying, and transmitting documents.
59.40 Cross-reference
Cross-reference: See chs.
818 and
969 as to receiving bail as provided by law.
59.40 Cross-reference
Cross-reference: See ch.
756 as to performing duties with respect to jurors.
59.40 Cross-reference
Cross-reference: See s.
757.40 as to care for the county law library.
59.40 Cross-reference
Cross-reference: See ch.
814 as to taxing costs and collecting fees.
59.40 Cross-reference
Cross-reference: See ch.
815 as to Issuing executions and writs of assistance.
59.40 Cross-reference
Cross-reference: See s.
885.01 as to issuing and signing subpoenas.
59.40 Cross-reference
Cross-reference: See s.
779.07 as to keeping a lien docket.
59.40 Annotation
A clerk of court who customarily supplies an affidavit form to persons claiming witness fees cannot refuse one to a person whom he believes is not entitled to fees. State ex rel. Hurley v. Schmidley,
48 Wis. 2d 659,
180 N.W.2d 605 (1970).
59.40 Annotation
Under s. 59.42 (1) [now 59.40 (3) (a)], a clerk retains discretion to refuse to file documents unless the fee is tendered, even though the standard may result in inconsistent policies among the counties. Giese v. LIRC,
153 Wis. 2d 212,
450 N.W.2d 489 (Ct. App. 1989).
59.40 Annotation
The payment to a county under s. 59.42 (2) [now 59.40 (3) (b)] of interest earned on a condemnation award deposited with the clerk is not an unconstitutional taking. Brongman v. Douglas County,
164 Wis. 2d 718,
476 N.W.2d 611 (Ct. App. 1991).
59.40 Annotation
The express powers to appoint and discharge deputies under this section are separate from those of the county and are not subject to a collective bargaining agreement entered into by the county. Crawford County v. WERC,
177 Wis. 2d 66,
501 N.W.2d 836 (Ct. App. 1993).
59.40 Annotation
Crawford County v. WERC is restricted to its facts. Deputized employees, apart from a chief deputy, are exempt from the terms of collective bargaining agreements only to the extent that they are managerial or supervisory employees. Eau Claire County v. AFSCME Local 2223,
190 Wis. 2d 298,
526 N.W.2d 802 (Ct. App. 1994).
59.40 Annotation
Removal by the clerk of court of an employee with dual employment status as deputy court clerk and judicial assistant from the judicial assistant position was not authorized by sub. (1). The removal was subject to the terms of a collective bargaining agreement. Winnebago County v. Courthouse Employees Association,
196 Wis. 2d 733,
540 N.W.2d 240 (Ct. App. 1995),
94-2504.
59.40 Annotation
For a paper to be filed, it must be properly deposited with the clerk under s. 59.40 (2). "Properly" connotes complying with formality or correctness, but is not susceptible to exact definition. Delivery of papers to the clerk at his home after business hours was too far removed from legislative guidelines to be considered "properly deposited." Granado v. Sentry Insurance,
228 Wis. 2d 794,
599 N.W.2d 62 (Ct. App. 1999).
59.40 Annotation
Except for their elected superior's power to appoint and discharge, chief deputies are subject to the Municipal Employment Relations Act, ss. 111.70 to 111.77, and are not excluded from a collective bargaining unit as a matter of law. Oneida County v. WERC, 2000 WI App 191,
238 Wis. 2d 763,
618 N.W.2d 891.
59.40 Annotation
A county civil service ordinance enacted under s. 59.07 (20) [now 59.52 (8)] or a collective bargaining agreement under s. 111.70, establishing a procedure to be followed prior to discharge of a classified employee, supersede and modify s. 59.38 (1) [now s. 59.40 (1) (a)]. 63 Atty. Gen. 147.
59.40 Annotation
Clerks of court may not send original records of criminal cases to the public defender prior to appeal unless a judge authorizes the release. 69 Atty. Gen. 63.
59.41
59.41
Not to act as attorney. No person acting as clerk of any circuit court in this state may practice as an attorney or solicitor in the court in which the person is acting as clerk; and the person shall not be eligible for the office of municipal judge during the time that the person holds the office of the clerk.
59.41 History
History: 1977 c. 305,
449;
1995 a. 201 s.
323; Stats. 1995 s. 59.41.
59.42
59.42
Corporation counsel.