59.40 Cross-referenceCross-reference: See ch. 814 as to taxing costs and collecting fees. 59.40 Cross-referenceCross-reference: See ch. 815 as to issuing executions and writs of assistance. 59.40 Cross-referenceCross-reference: See s. 885.01 as to issuing and signing subpoenas. 59.40 Cross-referenceCross-reference: See s. 779.07 as to keeping a lien docket. 59.40 AnnotationWhen a clerk of court customarily supplied an affidavit form to persons claiming witness fees, the statutes, as well as custom and common sense, required the clerk to furnish the form affidavit for signing, and entitled the petitioner to expect that the service, routinely furnished others, would be available to the petitioner. State ex rel. Hurley v. Schmidley, 48 Wis. 2d 659, 180 N.W.2d 605 (1970). 59.40 AnnotationUnder s. 59.42 (1) [now sub. (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 (1989). 59.40 AnnotationThe payment to a county under s. 59.42 (2) [now sub. (3) (b)] of interest earned on a condemnation award deposited with the clerk is not an unconstitutional taking. Bronfman v. Douglas County, 164 Wis. 2d 718, 476 N.W.2d 611 (Ct. App. 1991). 59.40 AnnotationThe 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 AnnotationCrawford County, 177 Wis. 2d 66 (1993), 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. County of Eau Claire v. AFSCME Local 2223, 190 Wis. 2d 298, 526 N.W.2d 802 (Ct. App. 1994). 59.40 AnnotationRemoval 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. Winnebago County Courthouse Employees Ass’n, 196 Wis. 2d 733, 540 N.W.2d 204 (Ct. App. 1995), 94-2504. 59.40 AnnotationFor a paper to be filed, it must be properly deposited with the clerk under sub. (2). “Properly” connotes complying with formality or correctness but is not susceptible to exact definition. The delivery of papers to the clerk at the clerk’s 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), 98-3675. 59.40 AnnotationExcept 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, 00-0466. 59.40 AnnotationWhen read in conjunction with s. 32.05 (7) (d), sub. (3) (c) empowers a circuit judge to veto the clerk’s authority to invest a condemnation award and to direct the clerk to transfer the award from the clerk’s control into a private account for the benefit of the persons named in the award or to otherwise invest the funds for the benefit of those persons. Sub. (3) (c) empowers a circuit judge not only to veto the clerk’s authority to invest and control the interest on condemnation awards but also to veto the clerk’s authority over “certain” other funds deposited with the clerk, so long as the funds relate to a case before the judge’s court. HSBC Realty Credit Corp. v. City of Glendale, 2007 WI 94, 303 Wis. 2d 1, 735 N.W.2d 77, 05-1042. 59.40 AnnotationGranado, 228 Wis. 2d 794 (1999), holds that the court clerk as a constitutional officer has the discretion to adopt a policy, as long as the policy complies with the statutory guidelines indicating when and where the clerk’s duties should be performed. In the clerk’s discretion, the clerk may adopt a policy that is flexible or one that restricts filings to regular business hours. Hartford Citizens for Responsible Government v. City of Hartford Board of Zoning Appeals, 2008 WI App 107, 313 Wis. 2d 431, 756 N.W.2d 454, 07-1265. 59.40 AnnotationA county civil service ordinance enacted under s. 59.07 (20) [now s. 59.52 (8)], or a collective bargaining agreement under s. 111.70, establishing a procedure to be followed prior to the discharge of a classified employee, supersedes and modifies s. 59.38 (1) [now sub. (1) (a)]. 63 Atty. Gen. 147.
59.40 AnnotationClerks 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.
59.4159.41 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 HistoryHistory: 1977 c. 305, 449; 1995 a. 201 s. 323; Stats. 1995 s. 59.41. 59.4259.42 Corporation counsel. 59.42(1)(1) Corporation counsel; certain counties. 59.42(1)(a)(a) Except as provided under par. (b), in counties not having a population of 750,000 or more, the board may employ a corporation counsel, and fix the salary of the corporation counsel. The corporation counsel appointed under this paragraph may be terminated at any time by a majority vote of all the members of the board. 59.42(1)(b)(b) In any county with a county executive or county administrator, the county executive or county administrator shall have the authority to appoint and supervise the corporation counsel if the board authorizes the establishment of the office of corporation counsel. Such appointment shall be subject to confirmation by the board unless the board, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.52 (8) or ch. 63. The corporation counsel may be removed by the county executive or county administrator with the concurrence of the board unless the corporation counsel is appointed under such an examination procedure. 59.42(1)(c)(c) The corporation counsel may, when authorized by a majority of the board, appoint one or more assistant corporation counsels to aid the corporation counsel in the performance of the duties of corporation counsel. The assistants so appointed shall have authority to perform all the duties of the corporation counsel. The duties of the corporation counsel shall be limited to civil matters and may include giving legal opinions to the board and its committees and interpreting the powers and duties of the board and county officers. Whenever any of the powers and duties conferred upon the corporation counsel are concurrent with similar powers or duties conferred by law upon the district attorney, the district attorney’s powers or duties shall cease to the extent that they are so conferred upon the corporation counsel and the district attorney shall be relieved of the responsibility for performing such powers or duties. Opinions of the corporation counsel on all such matters shall have the same effect as opinions of the district attorney. The corporation counsel may request the attorney general to consult and advise with the corporation counsel in the same manner as district attorneys as provided by s. 165.25 (3). 59.42(2)(2) Corporation counsel in special counties; appointment, dismissal and duties. 59.42(2)(a)(a) In a county with a population of 750,000 or more there is created the office of corporation counsel, and such deputy corporation counsels, assistants, stenographers and clerks at such salaries as are authorized by the board. The corporation counsel and deputy and assistant corporation counsels shall be attorneys at law licensed to practice in this state. All such offices and positions shall be in the classified civil service of the county except the corporation counsel, who is in the unclassified service. The corporation counsel shall be appointed by the county executive, with the concurrence of a majority of the board and shall not serve at the pleasure of the county executive. Any incumbent corporation counsel serving on August 1, 1990, shall retain that position and title until a new appointee is confirmed by the board. The corporation counsel may be dismissed at any time by the county executive with the concurrence of a majority of the members-elect of the board. The corporation counsel may also be dismissed at any time by a majority vote of the board. If the county executive vetoes an action by the board to dismiss the corporation counsel, the board may override the veto by a two-thirds vote of the members-elect of the board. The corporation counsel shall appoint deputies, assistants and clerical and stenographic help. Deputy corporation counsels shall have, according to their rank and seniority, the powers and duties of the corporation counsel in his or her absence or disability. The corporation counsel and deputy corporation counsels shall take and file the constitutional oath of office. 59.42(2)(b)(b) The duties of the corporation counsel and assistant corporation counsels shall be, without limitation because of enumeration, to: 59.42(2)(b)1.1. Prosecute and defend all civil actions, proceedings, applications and motions in any court, commission, board, tribunal or body in any jurisdiction of this or other states or of the nation in which the county or any board, commission, committee or officer thereof is interested or a party by virtue of the office; and shall in like manner represent or assist in representing the state, or any commission, board, agency or tribunal of the state, in such civil actions or proceedings when requested to do so by the attorney general or when the district attorney of the county is required by any statute to do so. 59.42(2)(b)2.2. Give advice to the board, county park commission, county department under s. 46.215 or 46.22 and other departments, boards, commissions, committees, agencies or officers of the county, when requested, in all civil matters in which the county or state is interested or relating to the discharge of the official duties of such departments, boards, commissions, committees, agencies or officers; examine all claims against the county for officers’, interpreters’, witnesses’ and jurors’ fees in civil actions and examinations, when presented to the county board of supervisors, and report in writing thereto as to the liability of the county for any and all claims of whatever nature filed against it; and act as legislative counsel for the county board of supervisors when so authorized by it. 59.42(2)(b)3.3. Serve as legal adviser to the county highway commissioner and county highway committee, draw all papers required in the performance of their duties and attend to all civil legal matters in and out of court where the commissioner or committee is a party or wherein the acquisition of lands for state or county highway purposes is concerned. 59.42(2)(b)4.4. Perform all duties in connection with civil matters relating to the county or any agency, board, commission or officer thereof or to the state within the county that are imposed by any statute upon the district attorney of the county and for such purposes the term “district attorney” wherever it appears in the statutes relating to duties of a civil nature shall, with regard to counties containing a population of 750,000 or more, mean the corporation counsel. Opinions of the corporation counsel shall have the same force and effect as opinions of the district attorney except that in matters relating to elections the district attorney shall have the right of review. After May 17, 1957, the district attorney’s powers and duties as to civil matters shall cease to the extent that they are conferred upon the corporation counsel and the district attorney shall be relieved of the responsibility of performing such duties. The corporation counsel may request the attorney general to consult and advise with the corporation counsel in the same manner as district attorneys under s. 165.25 (3). 59.42(2)(b)5.5. Review and countersign all contracts to verify that the contracts comply with all statutes, rules, ordinances, and the county’s ethics policy. This subdivision applies only in a county with a population of 750,000 or more. 59.42(3)(3) Corporation counsel; attorney designee. In lieu of employing a corporation counsel under sub. (1) or in addition to employing a corporation counsel under sub. (1) or (2) (a), a board shall designate an attorney to perform the duties of a corporation counsel as the need arises. Two or more counties may jointly designate an attorney to perform the duties of a corporation counsel. If an attorney has been designated to perform the duties of a corporation counsel, that person may exercise any powers and perform any duties of the corporation counsel. 59.42 AnnotationUnder s. 59.07 (44) [now sub. (1)], a corporation counsel may apprise a county board of the consequences, both civil and criminal, that result from specific actions of the board. State v. Davis, 63 Wis. 2d 75, 216 N.W.2d 31 (1974). 59.42 AnnotationThe corporation counsel should provide legal advice and representation to ss. 51.42 and 51.437 boards as well as to the county board. 63 Atty. Gen. 468.
59.42 AnnotationDiscussing appointment, supervision, and removal of a corporation counsel. 72 Atty. Gen. 161. 59.42 AnnotationIn a county with a population of under 500,000 [now 750,000] with a county executive and a salaried corporation counsel, the county board may retain the services of a private attorney to provide legal services in civil matters to the county board and human resources department. The county board must authorize, approve, and establish the parameters for such contracts; contract negotiation and administration are duties performed by the county executive. OAG 1-13. 59.4359.43 Register of deeds; duties, fees, deputies. 59.43(1b)(a)(a) “Document” includes a deed, mortgage, instrument, or writing. 59.43(1bm)(1bm) Construction of statutes. The recording of a document with the register of deeds also constitutes filing the document with the register of deeds. 59.43(1c)(1c) Duties. Subject to sub. (1m), the register of deeds shall do all of the following: 59.43(1c)(a)(a) Subject to subs. (2m) and (2s), record all documents submitted to the register of deeds that are not prohibited by law from being recorded with the register of deeds. 59.43(1c)(c)(c) Subject to s. 77.22, indicate on conveyances the real estate transfer fee paid or, if the conveyance is not subject to a fee, the reason for the exemption, citing the relevant subsection of s. 77.25. 59.43(1c)(d)(d) Keep permanently and maintain the documents, books, images of recorded documents, and indexes mentioned in this section. 59.43(1c)(e)(e) Endorse upon each document recorded by the register of deeds the date, hour, and minute when it was recorded. The register of deeds shall record each document under this paragraph in the order in which it is received. An endorsement under this paragraph is prima facie evidence of the date, hour, and minute that the document was recorded. 59.43(1c)(f)(f) Endorse on each document recorded by the register of deeds a unique number consecutive to the number assigned to the previously recorded document in its series. 59.43(1c)(g)(g) Except as provided in any agreement with the submitter, upon provision by the submitter of adequate postage, deliver to any person indicated as an authorized recipient by the submitter documents left with the register of deeds for recording. 59.43(1c)(h)(h) Accept into the state vital record system all marriages, deaths, and domestic partnership terminations presented to the register of deeds for filing. 59.43(1c)(i)(i) Make and deliver to any person, upon payment of the required fees, a certified copy with the official seal of the register of deeds affixed or a noncertified copy of any recorded document in the office of the register of deeds. 59.43(1c)(jm)(jm) Record certificates of discharge of a person who has served in the U.S. armed forces. 59.43(1c)(k)(k) Keep an index of all documents that are recorded with the register of deeds. 59.43(1c)(t)(t) Upon commencement of each term, submit the signature of the register of deeds and the impression of the official seal or rubber stamp of the register of deeds to the secretary of state. 59.43(1c)(u)(u) Submit that portion of recording fees collected under sub. (2) (ag) and not retained by the county to the department of administration under s. 59.72 (5). 59.43(1g)(1g) Authority to reject entire group of related documents. If the register of deeds is presented with a group of related documents that has been identified by the person submitting the documents as representing a single transaction and one or more documents within the group may be refused recording because of a failure to comply with sub. (2m) or (2s), the register of deeds may return the entire group of documents unrecorded. 59.43(1m)(1m) Restrictions on documents with social security numbers. 59.43(1m)(a)(a) Except as otherwise provided in this subsection, a register of deeds may not record any document offered for recording if the document contains the social security number of an individual. 59.43(1m)(b)(b) If a register of deeds is presented with a document for recording that contains an individual’s social security number, and if the register of deeds records the document but does not discover that the document contains an individual’s social security number until after the document is recorded, the register of deeds may not be held liable for the document drafter’s placement of an individual’s social security number on the document, and the register of deeds may remove or obscure characters from the social security number such that the social security number is not discernable on the document. 59.43(1m)(cm)(cm) If a register of deeds is presented with a document for recording that contains an individual’s social security number, the register of deeds may, prior to recording the document, remove or obscure characters from the social security number such that the social security number is not discernable on the document. 59.43(1m)(cs)1.1. With regard to any document recorded by a register of deeds before April 1, 2006, which the register of deeds makes available for viewing or download on the Internet, the register of deeds shall make a reasonable effort to make social security numbers from the transferred document’s electronic format not viewable or accessible on the Internet. 59.43(1m)(cs)2.2. No later than March 31 annually, every register of deeds of a county that has not completed making social security numbers from electronic format records not viewable or accessible on the Internet under subd. 1. shall submit to the department of administration a report regarding the progress made by the county during the preceding year in making social security numbers from electronic format records not viewable or accessible on the Internet under subd. 1., including a statement of the number of documents transferred to an electronic format in the preceding year, the number of these documents from which social security numbers were made not viewable or accessible on the Internet in the preceding year, the number of documents remaining from which social security numbers remain to be made not viewable or accessible on the Internet, and the estimated time needed to review the remaining documents for making social security numbers not viewable or accessible on the Internet. 59.43(1m)(f)(f) Paragraphs (a) and (b) do not apply to certificates of discharge or release recorded under s. 45.05. 59.43(1r)(1r) Personal information of judicial officers. The register of deeds shall shield from disclosure and keep confidential documents containing personal information covered by a written request of a judicial officer under s. 757.07, if the judicial officer specifically identifies the document number of any document to be shielded under this subsection. Notwithstanding the scope of protection generally provided under s. 757.07 with regard to publicly available content, as defined in s. 757.07 (1) (h), this subsection applies only to electronic images of electronic recorded documents specifically identified by a judicial officer as covered by a written request under s. 757.07. The register of deeds may allow access to an electronic recorded document subject to protection under this subsection only if the judicial officer consents to the access or access is otherwise permitted as provided under s. 757.07 (4) (e). This subsection does not apply to documents that are not electronic recorded documents. The requirements of this subsection supersede any statutory requirement that a government agency publicly post, display publicly available content, or permit inspection and copying under s. 19.35. 59.43(2)(2) Fees. Every register of deeds shall receive the following fees: 59.43(2)(ag)(ag) Subject to s. 59.72 (5) and except as provided in pars. (f) and (h), for recording any document entitled to be recorded with the register of deeds, $30. 59.43(2)(b)1.1. In this paragraph, “page” means one side of a single sheet of paper or, if in an electronic format, a single image or the duplication of one side of a single sheet of paper. 59.43(2)(b)2.2. For copies of any document or portion of a document recorded by the register of deeds, $2 for the first page plus $1 for each additional page of each document. The register of deeds shall charge an additional $1 to certify a copy of a document under this paragraph. No fee under this paragraph may be charged to the department of revenue. 59.43 NoteNOTE: Subds. 1. and 2. were renumbered from par. (b), as affected by 2025 Wis. Act 234, to par. (b) 1. and 2. by the legislative reference bureau under s. 13.92 (1) (bm) 2. 59.43(2)(f)(f) The fees for processing vital records or for issuing copies of vital records shall be as provided in s. 69.22. 59.43(2)(g)(g) For making a new tract index upon the order of the board, the amount that is fixed by the board, to be paid from the county treasury. 59.43(2g)(a)(a) All fees under sub. (2) shall be payable in advance by the party procuring the services of the register of deeds, except that the fees for the services performed for a state department, board, or commission or person contracting with the register of deeds under par. (b) may be invoiced to the department, board, or commission or person. 59.43(2g)(b)(b) Notwithstanding sub. (2), the register of deeds with the approval and consent of the board may enter into contracts to provide noncertified copies of documents pertaining to real property at a flat rate or rate per image established by the board which in no event shall be less than cost of labor and material plus a reasonable allowance for plant and depreciation of equipment used. 59.43(2m)(2m) Standard format requirements for recording documents. 59.43(2m)(a)(a) The register of deeds may refuse to record a document that does not substantially comply with the following: 59.43(2m)(a)1.1. The name of the document is clear and is located not less than 0.5 inch nor more than 6 inches from the top of the first page of the document. If more than one document name is given, the register of deeds shall use the first name provided on the document for indexing purposes unless the register of deeds determines that using another name provided on the document preserves historical consistency. 59.43(2m)(a)3.3. The document contains in the upper right corner of the first page, within the margins, a blank space of at least 3 inches by 3 inches for recording information. A document that does not contain the space under this subdivision may not be recorded. 59.43(2m)(a)4m.4m. Except for a document that is electronically recorded, the document contains return information on the first page. 59.43(2m)(a)5.5. The document contains a parcel identification number for each parcel affected by the document. This subdivision applies only in a county that requires the use of a parcel identification number. 59.43(2m)(a)7.7. The page width is 8.5 inches and the page length is either 11 inches or 14 inches. The maximum deviation from any of these measurements may not exceed 0.25 inch. 59.43(2m)(a)8.8. If the document has multiple pages, the document is not hinged or otherwise joined completely at the top or sides.
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