757.66   Recovery of legal fees paid for indigent defendants.
757.67   Testimony of judge of kin to attorney.
757.675   Supplemental court commissioners.
757.68   Circuit court commissioners.
757.69   Powers and duties of circuit court commissioners.
757.70   Hearings before court commissioners.
757.81   Definitions.
757.83   Judicial commission.
757.85   Investigation; prosecution.
757.87   Request for jury; panel.
757.89   Hearing.
757.91   Supreme court; disposition.
757.93   Confidentiality of proceedings.
757.94   Privilege; immunity.
757.95   Temporary suspension by supreme court.
757.97   Annual report.
757.99   Attorney fees.
757.001 757.001 Definitions. In this chapter:
757.001(1) (1)“Circuit court commissioner" means a person appointed under SCR 75.02 (1) and a supplemental court commissioner authorized under SCR 75.02 (3) to the limited extent of that authorization.
757.001(2) (2)“Supplemental court commissioner" means a person appointed under s. 757.675 (1).
757.001 History History: 2001 a. 61.
757.01 757.01 Powers of courts. The several courts of record of this state shall have power:
757.01(1) (1)To issue process of subpoena, requiring the attendance of any witness, residing or being in any part of this state, to testify in any matter or cause pending or triable in such courts.
757.01(2) (2)To administer oaths to witnesses in any such matter or cause, and in all other cases where it may be necessary in the exercise of the powers and duties of such court.
757.01(3) (3)To devise and make such writs and proceedings as may be necessary to carry into effect the powers and jurisdiction possessed by them.
757.01(4) (4)To exercise any of the powers and duties of a circuit court commissioner.
757.01 History History: 1977 c. 187 s. 96; Stats. 1977 s. 757.01; 2001 a. 61.
757.02 757.02 Justices and judges and municipal judges; oath of office; ineligibility to other office; salary; conservators of peace.
757.02(1)(1)Every person elected or appointed justice of the supreme court, judge of the court of appeals, judge of the circuit court or municipal judge, shall take, subscribe and file the following oath:
State of Wisconsin,
County of ....
I, the undersigned, who have been elected (or appointed) to the office of ...., but have not yet entered upon the duties thereof, do solemnly swear that I will support the constitution of the United States and the constitution of the state of Wisconsin; that I will administer justice without respect to persons and will faithfully and impartially discharge the duties of said office to the best of my ability. So help me God.
.... (Signature)
Subscribed and sworn to before me this .... day of ...., .... (year)
.... (Signature)
757.02(2) (2)The judge of any court of record in this state shall be ineligible to hold any office of public trust, except a judicial office, during the term for which he or she was elected or appointed.
757.02(3) (3)The judges of such courts shall be conservators of the peace, and have power to administer oaths and take the acknowledgments of deeds and other written instruments throughout the state.
757.02(5) (5)Except for retired judges appointed under s. 753.075, each supreme court justice, court of appeals judge and circuit court judge included under ch. 40 shall accrue sick leave at the rate established under s. 230.35 (2) for the purpose of credits under s. 40.05 (4) (b) and for premium payment determinations under s. 40.05 (4) and (5).
757.02 History History: 1977 c. 187 s. 96; 1977 c. 305 s. 64; 1977 c. 418, 449; Stats. 1977 s. 757.02; 1979 c. 32; 1981 c. 96, 353; 1987 a. 83; 1989 a. 355; 1997 a. 250.
757.02 Annotation The period of time constituting the “term for which elected" is set when a judge or justice is elected, and is thereafter unalterable by means of resignation. Wagner v. Milwaukee County Election Commission, 2003 WI 103, 263 Wis. 2d 709, 666 N.W.2d 816, 02-0375.
757.025 757.025 Judge to file affidavit as to work done to receive salary.
757.025(1)(1)No judge of a court of record may receive or be allowed to draw any salary, unless he or she first executes an affidavit stating that no cause or matter which has been submitted in final form to his or her court remains undecided that has been submitted for decision for 90 days, exclusive of the time that he or she has been actually disabled by sickness or unless extended by the judge under sub. (2). The affidavit shall be presented to and filed with every official who certifies in whole or in part, the judge's salary.
757.025(2) (2)If a judge is unable to complete a decision within the 90-day period specified in sub. (1), the judge shall so certify in the record and the period is thereupon extended for one additional period of not to exceed 90 days.
757.025 History History: 1977 c. 187 s. 96; Stats. 1977 s. 757.025.
757.025 Note NOTE: See SCR 70.36, judges' certification of status of pending cases, adopted in 118 Wis. 2d 762, at 786.
757.025 Annotation This section is an intrusion by the legislature into the exclusively judicial area of judicial decision-making and, as such, is an unconstitutional violation of the separation of powers doctrine. In Matter of Complaint Against Grady, 118 Wis. 2d 762, 348 N.W.2d 559 (1984).
757.05 757.05 Penalty surcharge.
757.05(1)(1)Levy of penalty surcharge.
757.05(1)(a)(a) Whenever a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) or (2m), for a financial responsibility violation under s. 344.62 (2), or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety belt use violations under s. 347.48 (2m), there shall be imposed in addition a penalty surcharge under ch. 814 in an amount of 26 percent of the fine or forfeiture imposed. If multiple offenses are involved, the penalty surcharge shall be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part, the penalty surcharge shall be reduced in proportion to the suspension.
757.05(1)(b) (b) If a fine or forfeiture is imposed by a court of record, after a determination by the court of the amount due, the clerk of the court shall collect and transmit the amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration as provided in s. 59.25 (3) (f) 2.
757.05(1)(c) (c) If a fine or forfeiture is imposed by a municipal court, after a determination by the court of the amount due, the court shall collect and transmit the amount to the treasurer of the county, city, town, or village, and that treasurer shall make payment to the secretary of administration as provided in s. 66.0114 (1) (bm).
757.05(1)(d) (d) If any deposit of bail is made for a noncriminal offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the surcharge under this subsection for forfeited bail. If bail is forfeited, the amount of the surcharge shall be transmitted monthly to the secretary of administration under this subsection. If bail is returned, the surcharge shall also be returned.
757.05(2) (2)Use of penalty surcharge moneys. All moneys collected from penalty surcharges under sub. (1) shall be credited to the appropriation account under s. 20.455 (2) (i). The moneys credited to the appropriation account under s. 20.455 (2) (j) and (ja) constitute the law enforcement training fund.
757.08 757.08 Vacancy in judgeship not to affect suits. No process, proceeding or action, civil or criminal, before any court of record shall be discontinued by the occurrence of any vacancy in the office of any judge or of all the judges of such court, nor by the election of any new judge or judges of any such court, but the persons so elected shall have power to continue, hear and determine such process, proceedings or action as their predecessors might have done if no new election had been held.
757.08 History History: 1977 c. 187 s. 96; Stats. 1977 s. 757.08.
757.10 757.10 Failure to adjourn. No omission to adjourn any such court may vitiate any proceedings in the court.
757.10 History History: 1977 c. 187 s. 96; 1977 c. 449; Stats. 1977 s. 757.10.
757.12 757.12Adjournment to another location. Whenever it is deemed unsafe or inexpedient, by reason of war, pestilence, public calamity, or other compelling factors limiting or preventing access to the courthouse, the justices or judges of the court may order court to be held at an alternative location in this state, including in another county, on a temporary basis. Every such order shall be made in writing. Notice of such orders shall be provided by e-mail to the chief justice, the chief judge of the judicial district, the director of state courts, the State Bar of Wisconsin, and the local bar association. Any such orders shall be placed on the Wisconsin state courts website, the county website, and the door of the courthouse, if practicable. All court proceedings moved to another location shall have the same force and effect as if held at the original location. Bench warrants shall not be issued for failure to appear without a finding that the party received notice of the date, time, and location of the proceeding.
757.12 History History: 1977 c. 187 s. 96; 1977 c. 449; Stats. 1977 s. 757.12; Sup. Ct. Order No. 21-03, 2022 WI 23, filed 4-21-22, eff. 7-1-22; s. 35.17 correction.
757.13 757.13 Continuances; legislative privilege. When a witness, party or an attorney for any party to any action or proceeding in any court or any commission, is a member of the Wisconsin legislature, in session, that fact is sufficient cause for the adjournment or continuance of the action or proceeding, and the adjournment or continuance shall be granted without the imposition of terms.
757.13 History History: 1977 c. 187 s. 96; Stats. 1977 s. 757.13; 1979 c. 34.
757.13 Annotation This section would violate the doctrine of separation of powers if construed to mandate the grant of a continuance or adjournment. Courts should consider, in the sound exercise of their discretion, that a witness, party, or party's attorney is a member of the legislature in session when that person seeks a continuance or adjournment for that reason and should accommodate the schedule of the legislature consistent with the demands of fairness and efficiency in the particular case. State v. Chvala, 2003 WI App 257, 268 Wis. 2d 451, 673 N.W.2d 401, 03-0746.
757.14 757.14 Sittings, public. The sittings of every court shall be public and every citizen may freely attend the same, including proceedings held by telephone or videoconferencing technology, except if otherwise expressly provided by law. If the content of the proceeding is deemed graphic or obscene, the judge or justice may exclude from the courtroom all minors not present as parties or witnesses. The court may utilize electronic means to allow the public the ability to hear and see, in real time, all proceedings in a manner as similar as practicable to being present in the courtroom.
757.14 History History: 1977 c. 187 s. 96; Stats. 1977 s. 757.14; Sup. Ct. Order No. 21-03, 2022 WI 23, filed 4-21-22, eff. 7-1-22.
757.14 Annotation Any citizen has the right to attend immunity hearings arising out of a John Doe proceeding. State ex rel. Newspapers, Inc. v. Circuit Court, 65 Wis. 2d 66, 221 N.W.2d 894 (1974).
757.14 Annotation It was an abuse of discretion to exclude the public from the voir dire of potential jurors. State ex rel. La Crosse Tribune v. Circuit Court, 115 Wis. 2d 220, 340 N.W.2d 460 (1983).
757.14 Annotation Commitment hearings under s. 51.20 (12) are open unless the court grants the subject individual's motion for closure. State ex rel. Wisconsin State Journal v. Dane County Circuit Court, 131 Wis. 2d 515, 389 N.W.2d 73 (Ct. App. 1986).
757.14 Annotation The 6th amendment right to a public trial extends to voir dire. A judge's decision to close or limit public access to a courtroom in a criminal case requires the court to go through an analysis on the record in which the court considers overriding interests and reasonable alternatives. The court must make specific findings on the record to support the exclusion of the public and must narrowly tailor the closure. State v. Pinno, 2014 WI 74, 356 Wis. 2d 106, 850 N.W.2d 207, 11-2424.
757.14 Annotation Public access to criminal trials in particular is protected by the 1st amendment. Globe Newspaper Co. v. Superior Court, 457 U.S. 596 (1982).
757.15 757.15 Holding court, effect of holidays. A court may be open to transact business on the first day of the week and on a legal holiday in like manner and with like effect as upon any other day.
757.15 History History: 1975 c. 159; 1977 c. 54; 1977 c. 187 s. 96; 1977 c. 449; Stats. 1977 s. 757.15; 1989 a. 261.
757.18 757.18 Process, etc., to be in English. All writs, process, proceedings and records in any court within this state shall be in the English language, except that the proper and known names of process and technical words may be expressed in the language heretofore and now commonly used, and shall be made out on paper or parchment in a fair, legible character, in words at length and not abbreviated; but such abbreviations as are now commonly used in the English language may be used and numbers may be expressed by Arabic figures or Roman numerals in the usual manner.
757.18 History History: 1977 c. 187 s. 96; Stats. 1977 s. 757.18.
757.19 757.19 Disqualification of judge.
757.19(1)(1)In this section, “judge" includes the supreme court justices, court of appeals judges, circuit court judges and municipal judges.
757.19(2) (2)Any judge shall disqualify himself or herself from any civil or criminal action or proceeding when one of the following situations occurs:
757.19(2)(a) (a) When a judge is related to any party or counsel thereto or their spouses within the 3rd degree of kinship.
757.19(2)(b) (b) When a judge is a party or a material witness, except that a judge need not disqualify himself or herself if the judge determines that any pleading purporting to make him or her a party is false, sham or frivolous.
757.19(2)(c) (c) When a judge previously acted as counsel to any party in the same action or proceeding.
757.19(2)(d) (d) When a judge prepared as counsel any legal instrument or paper whose validity or construction is at issue.
757.19(2)(e) (e) When a judge of an appellate court previously handled the action or proceeding while judge of an inferior court.
757.19(2)(f) (f) When a judge has a significant financial or personal interest in the outcome of the matter. Such interest does not occur solely by the judge being a member of a political or taxing body that is a party.
757.19(2)(g) (g) When a judge determines that, for any reason, he or she cannot, or it appears he or she cannot, act in an impartial manner.
757.19(3) (3)Any disqualification that may occur under sub. (2) may be waived by agreement of all parties and the judge after full and complete disclosure on the record of the factors creating such disqualification.
757.19(4) (4)Any disqualification under sub. (2) in a civil or criminal action or proceeding must occur, unless waived under sub. (3), when the factors creating such disqualification first become known to the judge.
757.19(5) (5)When a judge is disqualified, the judge shall file in writing the reasons and the assignment of another judge shall be requested under s. 751.03.
757.19(6) (6)In addition to other remedies, an alleged violation under this section or abuse of the disqualification procedure shall be referred to the judicial commission.
2019-20 Wisconsin Statutes updated through 2021 Wis. Act 267 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on December 2, 2022. Published and certified under s. 35.18. Changes effective after December 2, 2022, are designated by NOTES. (Published 12-2-22)