State Bar of Wisconsin

Lafayette County Circuit Court Rules
(Fifth Judicial District)

Revised June 6, 2003

• Part 1: Publication and Revision of Circuit Court Rules
• Part 2: Closure of Proceedings
• Part 3: Case Processing Time Guidelines
• Part 4: Rules of Decorum August 2002
• Part 5: Civil Practice August 2002
• Part 6: Criminal Law Practice August 2002
• Part 7: Small Claims Practice
• Part 8: Late Settlement
• Part 9: Family Law Practice August 2002
• Part 10: Probate Law Practice
• Part 11: Miscellaneous Provisions
• Part 12: Threats Against the Judiciary and Security Incidents in the Courts
• Part 13: Juvenile & Children's Court Policies & Procedures

PART 1: PUBLICATION AND REVISION OF CIRCUIT COURT RULES

100 Effective date: March 9, 1999

101 Proposed rules shall be posted for public review in the County Courthouse by the clerk of circuit court and copies shall be forwarded to the president and secretary of the Lafayette County Bar Association at least fifteen days prior to formal adoption.

102 Notice of proposed rules as described in Sec. 101 shall constitute sufficient public notice.

103 Rules shall be adopted by written order of The Lafayette County circuit judge, subject to approval of the chief judge. Effective date shall be the date of filing with the Clerk of Courts.

104 Orders adopting rules shall specify an effective date.

105 Once adopted, court rules shall be filed with the clerk of circuit court, and the clerk of circuit court shall provide copies to members of the Lafayette County Bar Association who maintain offices for the practice of law in Lafayette County, and the chief judge.

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PART 2: CLOSURE OF PROCEEDINGS

200 Effective date: March 9, 1999

201 Unless good cause has been shown to the judge, a party moving that any judicial proceedings required by law to be public be closed to the news media must notify the court and the media coordinator in writing at least 72 hours prior to the time set to hear the motion. The purpose of this rule is to permit legal counsel to appear on behalf of the media and be heard. The burden shall be upon the moving party to show cause why the proceedings should not be public as required by statute. The media coordinator's name and mailing address can be secured from the Clerk of Circuit Court or the District Court Administrator.

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PART 3: CASE PROCESSING TIME GUIDELINES

300 Effective date: March 9, 1999

301 The judges of the 5th Judicial District adopted case processing time standards in 1984. With the changes since then in technology, legislation, procedures and personnel, it was considered time to review these standards for possible modification. At the March 28, 1996 District Meeting, the judges adopted the following goals for case processing. The object of these goals is to have 95% of cases be disposed within these time frames.

Case Type From initial appearance:	Months
Felony	12
Misdemeanor	6
Criminal Traffic	6
Contested TR/FO	3
PI / PD
Contract/Real Estate	24
Other Civil	12
Divorce	12
Other Family	12
Paternity	6
Contested SC	3
Estates	18
Informal Proceedings	18
Trusts
Guardianships	3
Commitments	6
Adoptions	6
Other Probate	18
Delinquency	6
CHIPS	6
Other Juvenile	12

302 It will be the practice of the court to schedule every case for a next action or review date at every stage in the life of the case.

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PART 4: RULES OF DECORUM

400 Effective date: March 9, 1999 and August 2, 2002

401 Court shall be formally opened each day in which court business is transacted either by the bailiff or the clerk of court.

402 As the judge enters the courtroom, the bailiff or clerk of court shall require all present to rise and stand. When the judge has reached the bench the bailiff or the clerk of court shall say "Hear ye! Hear ye! The Circuit Court for the County of Lafayette is now open. Silence is commanded." All shall be seated and the business of the court shall proceed.

403 In the recessing, the judge shall announce: "The court is now in recess."

404 When the trial is to a jury, the parties, their attorneys, court personnel and the judge shall take their places in the courtroom before the jury is returned to the jury box. All present in the courtroom shall stand until the jury is seated.

405 The flag of the United States shall at all times while court is in session be displayed at, on, or in close proximity to the bench, or on a standard to the right of the judge.

406 Lawyers shall never lean upon the bench or appear to engage the court in a manner which would lessen the dignity of the proceedings in the eyes of the jury and public.

407 Witnesses shall be examined from a position at the counsel table except when handling exhibits unless a lectern is provided by the court, in which case the examination shall be either from the position at the counsel table or the lectern. Persons examining witnesses may either stand while examining a witness from the counsel table or remain seated. In no case shall a witness be crowded during examination.

408 When a lawyer or party is addressing the jury, he or she shall not crowd the jury box.

409 During examination of jurors on voir dire, the lawyer or party conducting the examination shall, insofar as practical, use collective questions, avoid repetition and seek only material information.

410 During trial, no lawyer or party shall exhibit familiarity with witnesses, jurors or opposing counsel and generally the use of first names shall be avoided. In jury arguments no juror shall be addressed individually or by name.

411 Lawyers and court officers shall, while in attendance upon the court, be attired in such a manner as not to lessen the dignity of the court or of proceedings in the eyes of the jury and public.

412 Lawyers shall advise their clients and witnesses of the formalities of the court, and seek their full cooperation therewith. It is expected that lawyers will guide clients and witnesses as to appropriate attire to wear in court proceedings. The attorneys, their clients or witnesses or persons with them at counsel table are to follow the following rules of conduct:

413 Witnesses shall be examined with courtesy and respect, and their good faith presumed until the contrary appears.

414 The swearing of witnesses shall be an impressive ceremony and not a mere formality.

415 In jury cases which are disposed of upon a motion for non-suit or directed verdict, the judge in dismissing the jury should briefly explain the procedure and why a verdict was unnecessary.

416 The judge shall wear a robe while presiding on the bench, provided that judicial discretion may be exercised otherwise in proper situations.

417 In recognition of the increasing use of electronic devices by the general public and in keeping with the court's desire to maintain the dignity and decorum of the court while permitting the use of this equipment at times when the use does not interfere with the operations of the court, electronic equipment, including, but not limited to cellular telephones, beepers, lap top computers and recording devices, may not be used in the courtroom or jury deliberation room without the specific permission of the judge.

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PART 5: CIVIL PRACTICE

500 Effective date: March 9, 1999 and August 2, 2002

501 All civil cases will be reviewed for service 90 days after filing. If at that time sec. 801.02(1), Stats., service has not been achieved, a dismissal order shall be initiated by the court. A scheduling conference may be noticed by the court 30 days or more after the statutory expiration of pleading service times.

502 A motion for summary judgment and a motion for dismissal shall be filed with the judge's clerk together with any brief or other supporting documents. If movant does not desire to file a brief or other documents, a statement waiving his/her right to file such brief or other documents shall be filed. The respondent shall have 20 days from the filing of the movant's brief within which to file a responsive brief and supporting documents, or waive in writing the right to do so. If the respondent fails to file a brief and supporting documents or waiver of the same within the 20 day period it shall be presumed that respondent has waived this right and the court shall accept no further supporting documents or briefs. Movant's reply brief, if any, shall be filed and exchanged within 20 days of the date of filing of respondent's brief. A decision shall be based upon the record as timely filed, unless oral argument on the motion is requested by a party. By appropriate court order, these times may be modified.

If the movant desires to file a brief in support of a motion other than one for summary judgment or dismissal, the brief shall be served and filed with the judge's clerk with the notice of motion or at least 10 days prior to any scheduled hearing date. Briefs in opposition to such motions must be filed with the assigned judge's clerk no later than 2 business days prior to the hearing of the motion. Briefs in opposition to such motions must be either personally served upon opposing counsel no later than 2 business days prior to the hearing or if service is made by mail, no later than 3 business days prior to the hearing. Briefs filed in an untimely fashion may be disregarded by the court.

Briefs shall not exceed 40 pages in length, shall be double spaced, and shall be typed in a font no smaller than 12 point. Handwritten briefs shall be legible, double spaced, and no more than 20,000 words.

503 Except as to mortgage foreclosures, no notice to defendant is required prior to entry of a default judgment in large claim civil actions where personal service was obtained upon defendant.

In cases where no personal service is obtained upon the defendant (i.e., substitute or published), notice of motion for default judgment shall be given to defendant by regular mail at defendant's last known address. The notice shall provide that in the event defendant does not request a hearing from the court, in writing, on plaintiff's motion within 15 days of the date of the notice, default judgment shall be entered.

Hearing requests shall be heard by the court as soon as practicable. Upon the expiration of the time to request a hearing, plaintiff may apply to the court for default judgment, accompanied by an affidavit of the aforesaid notice to defendant.

In actions where damages are not liquidated, a hearing shall be conducted to determine the amount of the judgment. The court may order a hearing to determine the amount of judgment in any case.

The judge may in an individual case require further notice or proof regarding service, damages or costs if appropriate.

504 No mortgage foreclosure shall be granted except upon a hearing in open court by affidavit or testimony, due notice of which shall have been given to all defendants at least 10 days. In confirmation of sale hearings in mortgage foreclosure actions where a deficiency judgment is sought, fair value of the subject real estate shall be established by appraisal evidence given by an appraiser who is not an employee or associated with a party to the action.

505 In all pretrial matters, attorneys shall have their clients available or be able to firmly commit their clients to dates set by the parties and the court at scheduling conferences or other hearings. Failure to do so may result in sanctions being applied if a matter is rescheduled because of conflicts that would have been known to the attorney or client if this rule had been complied with by the attorney.

506 Attorneys are required to have their calendars with them in court so that dates can be set in the courtroom when possible. In the event that an attorney does not have his or her calendar in court, a date will be set in accordance with the judge's calendar.

507 All stipulated requests for continuance of trial date shall require the consent of the attorney for a party or the party if he is not represented by counsel in writing or on the record and must be for good cause shown. Non-stipulated requests for continuance must be on motion and hearing and for good cause shown by the party or with the party's written consent. All requests for continuance are subject to the approval of the court.

508 Telephone and audio-visual proceedings may be had in the Lafayette County Circuit Court pursuant to sec. 807.13, Stats., (1988 as amended). The party requesting such proceedings shall arrange them after consultation with other counsel, the court and non-represented parties in the action.

509 Jurors shall be allowed to ask questions during the course of a civil or criminal trial pursuant to the following procedure:

a. The parties' consent to jurors being given the opportunity to ask questions under this rule.

b. The jury members shall be instructed in the Court's preliminary instructions that they may submit questions to the court to be given to witnesses. They shall be further instructed that whether juror questions are asked of witnesses by the court is solely the court's determination.

c. After the parties have completed their examination of a witness, the Court shall inform the jurors that they may ask questions of the witness.

d. Jurors shall write their question(s) on paper with pencil provided them by the Court. The questions when written out shall then be gathered by the bailiff who shall take them to the Bench.

e. The Court and counsel shall review the jurors' questions. If any counsel objects to the asking of any question, the question will not be asked. If counsel agree that a question may be asked of a witness, the Court shall then ask the jurors' question(s) of the witness. After the witness has answered the question(s), each party shall be given full opportunity to examine the witness as to his or her answer given to the juror question. The party offering the witness shall first question the witness.

510 Jurors shall be allowed to take notes in all civil and criminal proceedings. The court will provide jurors with paper and pencil for that purpose.

511 The following language shall be included on all summons, warrants, subpoenas and jury questionnaire and summons:

"If you require the assistance of auxiliary aids or services because of a disability, call (608) 776-4832, and for the hearing impaired call TDD (608) 776-4883, and ask for the Court ADA Coordinator."

512 Clerk's return of copies of filed documents.

When a party or a party's attorney files a document with a clerk of the Lafayette County Circuit Court and requests that the clerk return a copy of that document to the attorney or party, the attorney or party shall submit to the clerk a copy of the document requested to be returned and a self‑addressed envelope bearing sufficient postage in which the clerk can return the copy to the party or party's attorney.

Where a party or party's attorney files a document with a clerk of the Lafayette County Circuit Court and requests that the clerk fill in information called for in the body of the document, the party or attorney shall submit to the clerk a copy of the document in which the requested information is to be filled in and a self‑addressed envelope bearing sufficient postage in which the clerk can return the copy to the party or party's attorney.

A party or party's attorney who writes or telephones a clerk of the Lafayette County Circuit Court and requests that clerk to provide file information, such as hearing dates and times, to the party or party's attorney, shall accompany their written request with a self‑addressed envelope bearing sufficient postage in which the clerk can return the requested information. If the request is made by telephone, the requesting party or party's attorney shall obtain the requested information in that telephone call, or if it's not immediately available, arrange with the clerk for a mutually agreeable time to return a call to the clerk to obtain the information.

All envelopes shall be of appropriate size to accommodate the size of the documents to be returned and shall contain correct postage amounts.

Failure to comply with these rules may result in the requested information not being provided or mailed back to the requesting party or party's attorney.

513 Clerk and Register In Probate Copying Charges

The Clerk of Circuit Court is required by state statute to charge $1.25 per page for each page copied from a court file. The clerk's charge for non-court file copies is $.50 per page.

The Register In Probate is required by state statute to charge $1.00 per page for each page copied from a court file. The clerk's charge for non-court file copies is $.50 per page.

514 Motions to be Accompanied by Brief or Legal Memorandum. Any motion filed in a civil court matter shall comply with the requirements of sec. 802.01(2) (a-e), Wis. Stats. The motion shall set forth with particularity the factual and legal grounds therefor. Papers supporting the motion shall be made part of the motion or notice of motion as directed by sec. 802.01(2)(b), Wis. Stats. Movant shall set forth his/her legal grounds for the motion in a brief or legal memorandum which may be part of the motion, notice of motion, or a separate document. "Brief" is defined to be a written document by which counsel conveys to the court the essential facts of his/her client's motion, a statement of the law involved that he/she would have the court apply, and the application of the law he/she would have the court make to grant the order sought by the motion.

No brief or legal memorandum is required in the following instances, provided the motion refers to the appropriate statute or supporting case law:

a) A motion for temporary orders at the commencement of family action under ch. 767 Wis. Stats.
b) A motion for hearing on contempt pursuant to ch. 785 Wis. Stats.
c) A motion for change of venue pursuant to §§801.51 or 801.52 Wis. Stats.
d) A motion to compel discovery pursuant to §804.12 Wis. Stats.
e) A motion for default judgment pursuant to §806.02(1) – (4) Wis. Stats.
f) Any other motion for which a standard form has been approved by the Judicial Conference pursuant to §758.18 Wis. Stats.

If there is no existing law applicable to the motion, the moving party shall so state in the moving papers. Failure to comply with this rule may result in sanctions including dismissal of the motion.

515 Clerk to be included in conference calls. In any action, civil or criminal, where the court and counsel are handling a matter by use of a telephonic conference call, a clerk of court shall be included in the conference call to perform her duties in taking minutes of the proceeding and calendaring matters.

516 Facsimile Filing Rule.

1. Pursuant to Wis. Stat. 801.16(2) as amended, facsimile documents transmitted directly to the Lafayette County Circuit Court shall be accepted for filing only if:
   1. No filing fee is required, and;
   2. No additional fee or charge must be paid by the circuit court for accepting or receiving the facsimile document.
2. Facsimile documents transmitted to a non-court agency, party, or other similar entity for reception and ultimate transmittal to the court shall be accepted for filing only if:
   1. No filing fee is required, and;
   2. No additional fee or charge must be paid by the circuit court for accepting or receiving the facsimile document.
3. Facsimile papers are considered filed upon receipt by the Clerk of Courts and are the official record of the court and may not be substituted. No additional copies may be sent. The Clerk of Courts shall disregard any duplicate papers subsequently received by the Clerk of Circuit Court, assigned judge, or court commissioner. The party transmitting the facsimile is solely responsible for ensuring the timely and complete receipt of the document. No document will be considered filed where:
   1. There are errors or material omissions that result from errors in transmission causing missing, incomplete or illegible documents, or;
   2. The document is not actually received because of periods when the facsimile machine is not operational for any reason.
4. Papers filed by facsimile transmission are considered filed when transmitted except that papers filed by facsimile transmission after 4:30 p.m., or on weekends or holidays, are deemed filed at the opening of the office of the Clerk of Courts on the next business day.
5. No transmission shall exceed fifteen (15) pages in length, inclusive of any cover sheet, unless the assigned judge has by order in advance permitted a greater length. The first page of any document filed by facsimile transmission that is greater than 15 pages in length shall certify on the first page of such document that an exception has been ordered by the applicable judge.
6. The Clerk of Courts for Lafayette County shall maintain the official facsimile machine and all documents filed by facsimile transmission shall be filed with the Clerk of Courts for Lafayette County. Documents sent by facsimile transmission to facsimile machines other than the Clerk of Courts facsimile machine will not be accepted as being properly filed pursuant to this rule.
7. The circuit court, judge or clerk, is not responsible for:
   1. Errors or failures in transmission that result in missing or illegible documents.
   2. Periods when a circuit court facsimile machine is not operational for any reason

Dated at Darlington, Wisconsin February 1, 2006.

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PART 6: CRIMINAL LAW PRACTICE

600 Effective date: March 9, 1999 and August 2, 2002

601 Repeal and recreate.

To meet the requirements of sec. 950.07, Wis. Stats., that there be intergovernment cooperation between the county board, district attorney, local law enforcement agencies, local social service agencies, victim and witness offices, and courts to ensure that victim and witnesses of crimes receive their rights and services under Chapter 950, Stats., Part 6: Criminal Law Practice Rule 601 is withdrawn and recreated to read as follows:

601 Continuances. (1) Pursuant to sec. 950.04, Wis. Stats., victims and witnesses of crime have the right to have their interest considered when the court is deciding whether to grant a continuance or rescheduling in a case under sec. 971.10(3)(b)3, Stats. Therefore, no matter scheduled in a criminal case shall be continued or rescheduled unless any victims and witnesses of the crime have been notified by the District Attorney of the continuance or rescheduling request, their interest considered, and the District Attorney or victim witness coordinator can so indicate to the court considering the continuation or rescheduling request.

(2) No circuit court calendaring clerk shall reschedule any scheduled criminal or Chapter 938 matter upon the oral or written request of a party or counsel in the proceeding, but shall refer any such rescheduling request to the Circuit Court Judge assigned to the case. The assigned judge shall not grant any rescheduling request if affected victims or witnesses have not been noticed as required by sec. 950.04, Stats.

(3) Stipulated requests for continuance of the trial date or calendared matters shall be in writing or on the record and must be based on a showing of good cause and proper notification of victims and witnesses as required by sec. 950.04, Stats.

(4) Non-stipulated requests for continuances or rescheduling must be made to the court by motion for a hearing on the request. Notice of such request shall be sent by the victim witness coordinator to persons entitled under sec. 950.04, Stats.

602 Motions to be Accompanied by Brief or Legal Memorandum. Any motion filed in a criminal court matter shall meet the criteria set forth in sec. 971.30(2), Wis. Stats. The sec. 971.30(2)(b), Wis. Stats., "brief description of the type of order or relief sought", and the sec. 971.30(2)(c), Wis. Stats., statement "with particularity (of) the grounds for the motion and the order or relief sought", may be set out in the motion, notice of motion, brief or legal memorandum. "Brief" is defined to be a written document by which counsel or party conveys to the court the essential facts of his/her client's motion; a statement of the law involved that he/she would have the court apply, and the application of the law he/she would have the court make to grant the order sought by the motion. Where the motion made entitles the movant to an evidentiary hearing, movant in his/her motion may reserve the filling of a brief or memorandum of law pending completion of that hearing. Such reservation does not exempt the filed motion from conforming to the requirements of sec. 971.30(2), Wis. Stats.

No brief or legal memorandum is required in the following instances, provided the motion refers to the appropriate statute or supporting case law:

a) Discovery and inspection demands pursuant to §971.23 Wis. Stats.
b) Motions for change of bail conditions pursuant to §§ 969.03, 969.035 and 969.08 Wis. Stats.
c) Any other motion for which a standard form has been approved by the Judicial conference pursuant to §758.18 Wis. Stats.

If there is no existing law applicable to the motion, the moving party shall so state in the moving papers. Failure to comply with this rule may result in sanctions including dismissal of the motion.

603 Any prosecutor who seeks to amend or dismiss a charge under sec. 346.63(1) or (5) or a local ordinance in conformity therewith, or s. 346.63(2) or (6) or 940.25 or s. 940.09 where the offense involved the use of a vehicle or an improper refusal under s. 343.305, SHALL, pursuant to s. 967.055 do so by means of a WRITTEN APPLICATION to the court which states the reasons for the proposed amendment or dismissal. The stated reasons shall address the issue of whether the proposed amendment or dismissal is consistent with the public's interest in deterring the operation of motor vehicles by persons who are under the influence of an intoxicant, a controlled substance, or other drug or combination thereof which renders him/her incapable of safely driving.

604 At the end of any hearing in which a person has been sentenced to the Lafayette County Jail, the Court shall inform the party that he or she shall discuss with their attorney the Lafayette County Jail Rules and Huber Regulations before reporting for confinement. If the court security officer deems it necessary to escort the defendant to jail immediately upon completion of sentencing, the defendant shall read the rules once he/she gets to jail. Their counsel may consult with the defendant at the jail on these Lafayette County Jail Rules and Huber Regulations. The Clerk of Circuit Court Shall maintain copies of the Lafayette County Jail Rules and Huber Regulations in a file in a convenient place in the courtroom so they may be distributed to the party or their attorney for complying with the requirements of this rule. If a sentenced person has appeared pro se, they are to be provided with a copy of the Lafayette County Jail Rules and Huber Regulations for review and reading prior to reporting for confinement under the terms of their sentence.

605 A person who has been ordered to probation as part of his or her sentencing, upon leaving the courtroom, is to report immediately to the Lafayette County Jail to be fingerprinted, only if there is no conditional jail time. If a person has been sentenced to conditional jail time with a delayed start date, they do not report to jail after court for fingerprinting.

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PART 7: SMALL CLAIMS PRACTICE

700 Effective date: March 9, 1999

701 If a defendant is a non-resident of Lafayette County, the defendant may join issue in any small claims action without appearing on the return date by answering by mail, provided such answer is received by the clerk of circuit court of Lafayette County not less than 20 days from the issue date of the summons.

702 The Clerk of the Circuit Court shall keep in the clerk's office and distribute to litigants in small claims actions publications explaining the procedures to be followed by litigants in small claims actions.

703 Pursuant to approved Order of the Lafayette County Circuit Court dated September 1, 1988, as amended, Lafayette County Court Commissioners in small claims actions are empowered to conduct initial return date proceedings, to conduct conciliation conferences, to conduct trials or other proceedings under Chapter 799 as amended, to enter default judgments, to approve stipulations, and to otherwise act in small claims actions as directed by the Lafayette County Circuit Court under Chapter 799 as amended.

704 The Lafayette County Clerk of Circuit Court is designated to conduct initial return date proceedings.

705 Service of Summons in all actions under Chapter 799 except eviction actions:

Pursuant to sec. 799.12(2), Stats., effective July 1, 1988, the effective date of sec. 799.12(2), Stats., this Court by this rule authorizes the service of summons in all actions under Chapter 799, except eviction actions, by mail under sec. 799.12(3) in lieu of personal or substituted service under sec. 802.11, Stats.

Pursuant to sec. 799.12(3), Stats., effective July 1, 1988, service may be made by mail by leaving the original and necessary copies of the summons with the Clerk of Circuit Court, together with the fee prescribed in sec. 814.62(4), Stats. The Lafayette County Clerk of Circuit Court in mailing under sec. 799.12(3), Stats., pursuant to this court rule shall make those mailings in compliance with the requirements of sec. 799.12(3), Stats.

707 Pursuant to sec. 799.12(7), Stats., effective July 1, 1988, the Lafayette County Circuit Court by this rule authorizes the service of the summons and complaint under Chapter 799 actions prior to filing an authentication thereof, provided that the appropriate fee under sec. 814.62, Stats., is paid before the summons is issued and the summons is not reusable for a different defendant.

708 If the defendant in a small claims action is a non‑resident, the defendant shall permitted to join issue in any of the actions specified in sec. 799.01, Stats., without appearing on the return date by answering, either by mail or by telephone call to the office of the Lafayette County Clerk of Circuit Court at least 2 working days prior to the return date set out in the Small Claims Summons and/or Complaint. If the defendant is a non‑resident under sec. 799.22(4)(am), Stats., then the defendant shall be permitted to join issue by answering by telephone call to the office of the Lafayette County Clerk of Circuit Court at least 2 working days prior to the return date set out in the Small Claims Summons and/or Complaint.

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PART 8: LATE SETTLEMENT

800 Effective date: March 9, 1999

801 The circuit judges request trial counsel to pursue settlement at the earliest possible time. When any attorney feels the court can be helpful, a request for a pretrial conference can be made. Recognizing the great inconvenience and expense that can be caused to parties, jurors, and witnesses, early settlements will be promoted by attorneys who are prepared to discuss all aspects of the case.

802 When a civil jury trial is settled within one business day of the trial date, a jury fee of at least $72.00 for a twelve person jury and $36.00 for a six person jury may be assessed, unless waived by the court for cause.

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PART 9: FAMILY LAW PRACTICE

900 Effective date: March 9, 1999 and August 2, 2002

901 Pursuant to the Order of the Lafayette County Circuit Court approved November 21, 1988, the Lafayette County Family Court Commissioner is the director of the Lafayette County Family Court Counseling Services with the duties and powers enumerated in said order.

902 The court may direct one or both parties to prepay the single fee of $100.00 for mediation sessions provided by family court counseling services beyond the first session. The court may also direct one or both parties to prepay the fee for a legal custody and physical placement study.

The court shall reduce the fees in accordance with the party's ability to pay or provide the services without payment of the fees if both parties are unable to pay. If both parties are unable to pay, the court shall grant a separate judgment for the amount of the fees in favor of the county and against the party or parties responsible for the fees.

903 Upon appointment of a guardian ad litem in any action affecting the family, a party or both parties shall be directed to make a prepayment to the Clerk of Circuit Court to be held in trust and applied on guardian ad litem fees. If any party is financially unable to make a prepayment, upon application, the court may waive all or part of the advance fee based upon an inability to pay.

904 The Lafayette County Family Court Commissioner is delegated authority to hear and determine whether a judgment of divorce shall be granted, if both parties state that the marriage is irretrievably broken and that all material issues, including but not limited to, division of property or estate, legal custody, physical placement, child support, spousal maintenance and family support, are resolved or if one party does not participate in the action for divorce.

The Lafayette County Family Court Commissioner is designated as the Judicial Officer authorized to set child support in expedited cases filed in the Lafayette County Circuit Court under sec. 767.13(5)(b), Stats., as amended.

905 Pursuant to sec. 767.115, Wis. Stats., no action affecting the family which involves a minor child of custody, or placement of children issues may be brought on for final hearing until there has been filed with the court certification indicating the parties have completed the program Banana Splits for Parents or a comparable program and the children have completed the K-8 program Banana Splits for Children or a comparable program. These programs address issues of divorce, separation, and family division. The program Banana Splits for Parents is conducted by UW Extension at a cost of $40 per person. This program is mandatory for parents. The K-8 Banana Splits Program for Children or comparable program may be one of a type conducted by the school districts or by UW Extension. Program costs shall be paid by the parents. This rule does not apply to temporary orders under sec. 767.23, Wis. Stats. It does apply to revisions of legal custody and physical placement orders under sec. 767.325, Wis. Stats. This rule is implemented by the following procedure:

906Mediation Agreements. Pursuant to sec. 767.11(12), (13), Wis. Stats., concerning certain procedures to be followed by attorneys, parties, and the Lafayette County Family Court Commissioner when a stipulation has been reached in mediation shall include the following:

907Parenting Plans. Upon filing a petition where petitioner knows that legal custody or

physical placement will be contested, petitioner must attach a blank copy of local Form FA-

612, Proposed Parenting Plan (as revised from time to time) to the petition served on the respondent. In cases of a joint petition for divorce, with children, the person filing the petition shall be responsible for delivering a copy of the blank form to the other petitioner. Copies of the form can be obtained from the Lafayette County Clerk of Circuit Court.

Where the petitioner, respondent or both know that legal custody or physical placement will be contested, both shall prepare, exchange with opposing party, and file in the Clerk of Courts Office a parenting plan no later than five (5) days before the Scheduling Conference is held. In cases of a joint petition for divorce or a pro se action, the party filing the petition shall be responsible for delivering a copy of the parenting plan form to the other joint petitioner or pro se litigant. Copies of the parenting plan form can be obtained from the Lafayette County Clerk of Circuit Court office.

908Time Limits For Filing De Novo Hearing Requests. Any Wis. Stats. Sec. 757.69(8), 2003

Wis. Stats, as amended, motion of any party for review by the Lafayette County Circuit Court of a decision of the Lafayette County Family Court Commissioner, shall be filed with the Lafayette County Circuit Court within twenty (20) days of the signing of any written memorandum or order by the Family Court Commissioner. Any motion for either a review of a decision of the Family Court Commissioner, or for a new hearing on the subject of the Family Court Commissioner's decision, order or ruling, shall be in writing and shall include a written brief or memorandum on the law in support of the motion. The motion or application for such review shall also include a statement that the motion is made within the time limits set forth by this rule. Failure of a party to file a motion within the time limits set forth by this court may be a basis for the court to dismiss the motion on its merits. If such a motion is filed, prior to scheduling a de novo hearing, the moving party shall file with the Clerk of Courts the written order or written memoranda of an oral order signed by the Family Court Commissioner. A hearing de novo will not be scheduled until that document is on file with the court.

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PART 10: PROBATE LAW PRACTICE

1000 Effective date: March 9, 1999

1001 Probate matters will be scheduled before the Lafayette County Circuit Court Probate Branch at times to be calendared by the court.

1002 The Lafayette County Register in Probate by approved order is designated to act in the capacity of Lafayette County Probate Court Commissioner with the powers and duties enumerated in sec. 757.69(1)(e), Stats., as amended. In the probate court judge's absence or unavailability, the Register in Probate is designated by approved order to sign orders setting time to prove will and heirship and notice to creditors, orders limiting time for filing claims (on waiver) and determination of heirship, and to sign Domiciliary Letters.

1003 The Lafayette County Register in Probate by approved order is designated to received testimony proving heirship and to certify it under sec. 757.69(1)(e) Stats., as amended.

1004 Proof of heirship shall be made in probate proceedings at the time designated in the order for determination of heirship, or as soon thereafter as counsel can be heard. Proof of heirship can be made under Rule 1003 before the Register in Probate if the probate judge is not available, and can be made upon testimony by an attorney with knowledge.

1005 Closing estates upon waiver or notice. If the court is not available, information proving the final account and the filing of the documents required for closing the estate shall be done before the Register in Probate who shall certify to the probate judge that the file is in order for entry of judgment by the court.

1006 In probate court practice there is implemented a notice procedure to be followed by the Register in Probate. Those notices and when they are sent are as follows:

NOTICE	WHEN SENT
PR-1453 Notice of Overdue Inventory	After 6 Mo. Expiration
PR-1454 Notice of Delinquent Estate	After 18 Mo. Expiration

1007 An attorney wanting to be included in the probate courts mailings on guardianship or trust matters after the appointment and qualification of the guardian or trustee shall file notice thereof in the trust or guardianship file. If notice is to cease being sent to such attorney or to be sent to a different attorney, notice thereof shall be filed by said attorney(s) in said file.

1008 Recognizing that the Register in Probate is also Judicial Assistant, Juvenile Clerk and Deputy Clerk of Circuit Court, and must from time to time personally attend court proceedings; that there is no backup person in the Register in Probate's office when she/he attends court proceedings; that by court rule the Court Chambers [CR 1104] are to be locked if no court staff is physically present in the Court Chambers; attorneys or others having business with the Register in Probate office are to first call the Register in Probate office [1-608-776-4811] to set a time at which that business can be conducted or to be certain that the Register in Probate will be personally present at the time they wish to conduct their business.

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PART 11: MISCELLANEOUS PROVISIONS

1101 Reference to approved order means an order of the Lafayette County Circuit Court which has been approved by the chief judge and filed with the Lafayette County Clerk of Circuit Court.

1102 Effective date is the date of filing with the Lafayette County Clerk of Circuit Court.

1103 Court Appointment of Guardian ad Litems:

Attorneys wishing to be considered by the court for appointment as guardian ad litem for a minor must be eligible to accept an appointment under SCR 35.01. Acceptance of a guardian ad litem appointment under SCR 35.02 constitutes a representation to the court that the appointed attorney has complied with SCR 35.01.

Compensation for the services of a guardian ad litem shall be at the legal rate (Wisconsin Public Defender rates), but the court under State ex rel Frederick upon concluding in a case that it must order compensation in excess of the statutory fee to secure qualified and effective representation and ensure the effective administration of justice, may set compensation rates above the Public Defender rates up to the rates set in SCR Chapter 81.

Attorneys accepting guardian ad litem appointments shall submit a bill to the court on a monthly basis. Where the court has ordered contribution toward the guardian ad litem expense to be paid by a party or parties, the court clerk receiving the funds shall disburse them to the Lafayette County Treasurer. The guardian ad litem bills shall be paid by the Lafayette County Treasurer upon presentation of an order for payment from the court. Persons ordered to pay all or a part of the guardian ad litem fees and expenses pursuant to court order who fail to comply with said order, shall have their accounts referred to the Lafayette County Corporation Counsel for appropriate legal action.

1104 Circuit Court Chambers Access

Circuit Court Chambers consists of the Register in Probate/Judicial Assistant office, Court Reporter's office, probate vault, and the Circuit Court Judge's office. Whenever there is no one present in any of these offices, the Circuit Court Chambers shall be locked.

Persons seeking access to the Circuit Court Chambers shall contact the Clerk of Circuit Court office staff or the Court Security Officer for access to the Court Chambers. Access shall be for purposes such as filing papers in the Register in Probate's office or using files in the probate vault. The Clerk of Circuit Court staff person or the Court Security Officer shall remain with the person(s) until their purpose for access is completed and shall then re-lock the Court Chambers.

1105 Under sec. 756.03, Wis. Stats., the Lafayette County Circuit Court authorizes the Lafayette County Clerk of Circuit Court, and deputies to excuse jurors from jury upon the following grounds only:

1. A juror excuse or request for deferral of service may be granted by the

Clerk of Circuit Court on grounds of undue hardship, which includes:

2. All other juror requests for excuse from service, or deferral from service, shall be referred by the Clerk of Circuit Court or deputies to the Circuit Judge assigned to the case for determination.

1106 To assist persons wishing to examine Probate Vault Records for genealogy research purposes or other purposes, the following procedure is adopted:

1. Persons wishing to do extensive genealogy research are encouraged to go to the Area Research Center located in the Southwest Wisconsin Room of the Karrmann Library of the University of Wisconsin - Platteville. Their telephone number is (608) 342-1645. This is a regional center with documents from counties other than Lafayette.

2. Probate vault files, when there is court staff available to retrieve them, can be viewed in the Clerk of Circuit Court's office under the clerk's supervision or by viewing the microfilm on the reader in the Clerk of Courts office.

3. Copy charges by statute are $1.25 per page for copies made by the Clerk of Court.

4. Persons with court clearance will be allowed in the vaults to work with files, but must check in with the Register In Probate or Clerk of Courts staff prior to entering either office's vault.

1107 In cases where Lafayette County is permitted by statue or case law to recoup Guardian ad

Litem, Psychologists or Psychiatrists fees, and expenses from the parties to an action before the Circuit Court, the Court shall enter an order effecting such recoupment by means of lump sum or time deferred payments of those expenses by a party or parties to the litigation. The order for recoupment shall reflect consideration of the economic circumstances of the parties as determined by the court at the time of the setting of the recoupment obligation. When a recoupment order, or order directing reimbursement of Lafayette County's expenditures for Guardian ad Litem, psychological or psychiatric or like professional services is entered, a copy of that order shall be provided to the Corporation Counsel for Lafayette County

In a Chapter 767 matter where issues concerning a child necessitate the appointment of a Guardian ad Litem, before the court appoints a Guardian ad Litem it shall inform the parties of their responsibility to each deposit with the Lafayette County Clerk of Circuit Court/GAL, by a date certain, a set sum of money as a contribution toward the Guardian ad Litem fees and expenses to be incurred by the appointment. Unless waived by order of the Lafayette County Circuit Court upon proper application to the court and showing of entitlement to having the posting of Guardian ad Litem fees waived by a party, each party shall post the required sum before the Guardian ad Litem shall be appointed and enter into his or her duties under the appointment. The Guardian ad Litem during the course of the performance of his or her appointed duties shall provide the court and parties with monthly statements of the fees and expenses incurred in carrying out the duties and obligations under the appointment. The Clerk of Circuit Court shall see to the disbursement of the Guardian ad Litem's billings out of the fees posted with the court and shall inform the parties and Guardian ad Litem when that amount nears being used up. The court shall from time to time, if necessary, enter further orders directing the parties to make further appropriate deposits of monies with the Clerk of Courts to cover the Guardian ad Litem's expenses during the pendency of the action.

1108 When any party in any action before the Lafayette County Circuit Court seeks to be relieved of the obligation to pay Guardian ad Litem fees, psychological assessment fees, or psychiatric interview and report fees or in any action makes application to the court for an order appointing counsel to represent that party at the expense of Lafayette County, that party shall file a copy of his or her moving papers with the Lafayette County Corporation Counsel. Service of said papers on the Corporation Counsel shall be timely so as to enable the Lafayette County Corporation Counsel to attend the hearing on the party's application and represent the interests of Lafayette County on the issues the application presents to the court.

1109 Uniform Rules for Trial Court Administration. Pursuant to SCR 70.34, the Director of

State Courts is to distribute to the Lafayette County Circuit Court Uniform Rules for Judicial Administration that may be adopted by or amended by the Director of State Courts. The Lafayette County Circuit Court is bound by the Uniform Rules for Trial Court Administration so promulgated by the Director of State Courts. The Uniform Rules for Trial Court Administration so promulgated by the Director of State Courts are incorporated into and made part of the Lafayette County Circuit Court Rules. To the extent that there may be a conflict between the Lafayette County Circuit Court Rules and the Uniform Rules for Trial Court Administration, the Uniform Rules for Trial Court Administration shall prevail. The Lafayette County Clerk of Circuit Court shall maintain a copy of the Uniform Rules for Trial Court Administration with the Lafayette County Circuit Court Rules in her office to be made available to anyone requesting information on the Lafayette County Circuit Court Rules.

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PART 12: POLICY AND PROCEDURES REGARDING THREATS AGAINST THE JUDICIARY AND SECURITY INCIDENTS IN THE COURT

1200 Effective date: March 9, 1999

This rule is promulgated to comply with Trial Court Administration Rule - 8: Threats to the Judiciary and Court Employees.

1201 Threats are defined as written or oral declarations of an intention to inflict injury or pain upon individuals employed by or involved in the court system. Any threat shall be treated as serious.

1202 Security incidents are episodes of conduct in the courts in which the physical health or safety of participants or the physical property of the courts are put at risk.

1203 All threats and security incidents are to be immediately reported personally or by telephone to the sheriff's office.

1204 Court Security officer. The sheriff is directed to designate an officer to serve as a court security officer. The court security officer shall be responsible for:

• referral and investigation of all threats and security incidents.
• assistance in training of court personnel in handling threats and security incidents.
• making recommendations to maximizing court security in the future.

1205 Training. Upon hiring, every employee (including elected officials) shall be trained in the policies and procedures of handling threats and security incidents, including the use and completion of the report form. Refresher training shall be coordinated by the circuit judge, clerk of court, and court security officer. To the extent possible, such initial and refresher training should include the following:

• the court's policies and procedures concerning threats and security incidents.
• the physical layout of the courts and escape routes from courtrooms and court offices.
• recognizing when a threat is being made.
• responding to a bomb threat.
• responding to a hostage situation.
• techniques in remaining calm and avoiding panic during a stressful or potentially dangerous incident.
• techniques in responding to threats and security incidents in such a manner as to defuse the danger of the situation without placing the individual at physical risk.
• techniques in enhancing a person's personal safety either in the courts or elsewhere.
• telephone protocol when a threat is being made over the phone.
• handling irate or abusive individuals in person or over the telephone.
• knowing when to contact law enforcement because of immediate concerns with a "panic button" rather than by telephone.
• handling threats that are made away from the courthouse.
• gathering evidence for potential prosecutions.
• using the threat/security incident report form.
• role playing activities in order to familiarize the employee with the process of recording and reporting threats.

1206 Threat/Security Incident Report form (GF-147). A record shall be made of all threats and security incidents on a Threat/Security Incident Report form. Such record shall be made contemporaneously with the event being recorded or as soon after as possible. The original of such report shall be transmitted to the Court Security officer. If deemed appropriate, a copy may be maintained in the court offices affected.

1207 Panic buttons. A panic button, if one is available for use, shall be used only in those cases where there is immediate dangerous or life‑threatening activity that needs the presence of law enforcement officers. The Sheriff shall instruct officers acting under the sheriff to treat a panic button call as a dangerous or life‑threatening activity in progress.

1208 Telephone threats.

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Dated at Darlington, Wisconsin June 6, 2003

PART 13: POLICIES AND PROCEDURES OF THE JUVENILE AND CHILDREN'S COURT

1300 Effective date: March 9, 1999

1301 This local court rule establishes the revised policies and procedures of the juvenile and children's court of Lafayette County. It shall supersede all previous statements of the policies and procedures of the Lafayette County Circuit Court concerning proceedings under chs. 48 and ch. 938 in whatever form or format promulgated.

1302 Definitions.

1. Child: Refers to a person under the age of 18 involved in a chapter 48 CHIPS proceeding.

2. CHIPS: CHild In need of Protection or Services; a ch. 48 proceeding concerning a child who is within the jurisdictional requirements of §48.13, Wisconsin Statutes, generally involving orphaned, abandoned, abused, neglected, special treatment children, and children with alcohol or other drug abuse impairments.

3. Court: When used without further qualification, means the court assigned to exercise jurisdiction under chapters 48 or 938, Wisconsin Statutes.

4. Court Intake: The process of submitting to the juvenile intake worker written referrals from agencies or departments authorized in chapters 48 or 938 to refer a child/juvenile to the court.

5. Custody Intake:

The process by which a person is taken into custody under §§48.19 and 938.19, Wisconsin Statutes, and delivered to the juvenile intake worker for a custody determination.

6. JIPS: Juvenile In need of Protection or Services; a ch. 938 proceeding concerning a juvenile who is within the jurisdictional requirements of §938.13, Wisconsin Statutes, generally involving uncontrollable juveniles, habitual truants, school dropouts, under 10 who commits a delinquent act, not responsible because of mental disease or defect, or not competent to proceed.

7. Juvenile: Refers to a person under the age of 17 involved in a delinquency proceeding or a person under the age of 18 involved in a JIPS proceeding.

8. Holdover Room:

A room located in the Lafayette County jail, or at a place under the control and supervision of the Lafayette County Sheriff, his deputies or assigns, used for holding juveniles under Chapter 48, 938 or 51 matters as described in these rules.

1303 General policies.

1. It is the express policy of the court to implement the legislative purposes expressed in §§48.01 and 938.01, Wisconsin Statutes. Statutorily-mandated procedures are the law and do not constitute policies. Statutory mandates are to be explicitly followed in the performance of all matters involving chapters 48 and 938. This rule is intended to set forth the philosophical role of the circuit court in matters concerning chapters 48 and 938 and to establish procedures that are discretionary with the court.

Rationale: The statutes are the law. They must be followed. Policies and procedures are intended to fill the gaps in the law and set forth the philosophical and procedural requirements for handling matters involving chs. 48 and 938.

2. The court will not routinely waive time limits.

Rationale: It was the intent of the legislature to expedite court proceedings. This intent is based, in part, on the philosophy that delays:

• In Delinquency and JIPS matters, remove the "cause and effect" relationship between juvenile behavior and court-ordered "consequences" in delinquency matters, and
• In CHIPS matters, place the child and parents in a limbo status concerning the various needs, rights, and responsibilities of the parties.

1304 "Custody Intake"

1. The duties of intake and disposition/supervision must be separate. The intake function shall be in the office of the Circuit Judge for Lafayette County. The disposition/supervision function shall be in the Lafayette County Human Services agency.

Rationale: There exists a potential conflict of interest between the functions of intake and disposition. If the two are joined, the roles of each are blurred. Decisions as to one may adversely affect the decision-making process of the other.

2. Custody intake shall be done by professionally-trained intake workers.

Rationale: The statutes mandate training for all intake workers. The powers of the intake worker are similar to those of a judge.

3. Backup custody intake and holdover room attendants shall be on-call workers.

Rationale: It is fiscally impossible for a county the size of Lafayette to have full-time back-up workers or holdover room attendants. Utilizing a list of on-call back-up workers or holdover room attendants is efficient and fiscally responsible.

4. Backup custody intake workers and holdover room attendants shall be trained at county expense.

Rationale: Intake workers and holdover room attendants are required to have a certain number of hours of training (currently 30 hours for intake workers, 12 hours for holdover room attendants). Requiring backup workers and holdover room attendants to obtain training at their own expense would effectively eliminate the county's ability to obtain such workers.

5. Referrals for custody intake shall first be made to the intake worker; if the intake worker is not available, the backup workers shall be contacted in the order provided by the court.

Rationale: Custody intake should first be conducted by the person who is most experienced and generally familiar with the statutes, juveniles, and court processes: the intake worker. If that worker is not available, referrals should be made to the backup workers in the order listed by the court so that there is uniformity in intake decisions.

6. A Juvenile Court Commissioner shall not be used for custody intake purposes unless no other full-time or backup worker is available.

Rationale: A Juvenile Court Commissioner is the only court official (other than the Circuit Judge) who can conduct Custody Hearings under §§48.21 or 938.21, Wisconsin Statutes. If a Juvenile Court Commissioner makes the initial custody decision, only another court commissioner with juvenile court powers or the Circuit Judge can conduct a custody hearing. If the Circuit Judge is not available, an out-of-county judge would be required.

7. The Circuit Judge shall be used for custody intake only if no other qualified individual is available.

Rationale: Lafayette County is a single-judge county. If the judge is used for intake purposes, the statutes mandate that the judge cannot act further in that case. This would require out-of-county judges being required to handle all matters after intake. Given the time limitations on juvenile court proceedings, and the difficulty of calendaring out of county judges for "emergency" work in Lafayette County, using the Circuit Judge for intake purposes on other than a "last-resort" basis would adversely affect the progress of juvenile court proceedings.

1305 Custody intake "decision guidelines"

1. All custody intake referrals shall be made through law enforcement or human services personnel.

Rationale: The decision to refer a person to custody intake is best made by professionals familiar with the law and resources available to the county.

2. Intake shall not be contacted until the referring agency has made a reasonable, articulable decision that a person should be held. The referral agency shall be required to complete the custody intake referral form before intake is notified.

Rationale: Intake should only be contacted after the referring agency has made a decision that the person should be held. The agency must be able to justify that decision in writing. Requiring the agency to complete the referral form before intake is called forces the referral person to justify the request for a hold.

3. Intake shall first determine whether the court has jurisdiction over the person.

4. If there is jurisdiction, intake shall then consider whether and where the person should be held in custody.

1306 Original adult court criminal defendants--secure custody.

1. Defendants age 15 or over:

A defendant involved in an adult court jurisdiction matter who is age 15 or over at the time a custody decision is being made shall be held in the county jail.

Rationale: A defendant age 14 or under can only be held in secure custody in a juvenile secure detention facility. Since the legislature specifically limited such placements to defendants 14 or under, defendants 15 or over are subject to all adult court procedures, including custody in the county jail pending meeting bail/bond conditions or further court proceedings.

2. Defendants age 14 or under:

• Juvenile intake shall be contacted to determine the secure custody placement location and complete the temporary physical custody request order. Juvenile intake shall not have the authority to overrule the law enforcement decision to hold the defendant in secure custody.
• A defendant arrested without a warrant and held under this rule is entitled to a probable-cause determination within 48 hours of the arrest.
• A defendant arrested and held under this rule is entitled to a bail/bond hearing under ch. 969.
• A defendant arrested and held under this rule is not entitled to a juvenile court custody hearing under §938.20.

3. In the event an immediate determination cannot be made whether the juvenile is subject to original adult court or juvenile court jurisdiction, any person age 16 or under shall be presumed to be subject to juvenile court jurisdiction until juvenile intake or the court is satisfied otherwise. The juvenile intake worker shall decline to make a custody determination in a case if the intake worker knows of his or her own knowledge that the person is not subject to juvenile court jurisdiction.

4. Any defendant who meets all of the following criteria shall immediately be transferred to the county jail upon his or her 15th birthday:

• The person is subject to original adult court jurisdiction, and,
• The person had been placed in juvenile secure custody because the person was age 14 or under at the time the custody decision was made.

No further court order is needed to effectuate such a transfer. Law enforcement shall be responsible for transporting the juvenile from the secure custodial placement to the county jail.

1307 Custody hearings and petitions.

1. Custody hearings, whether under §§48.21 or 938.21, shall be conducted within 24 hours after the end of the day that the decision to hold was made, excluding weekends and holidays.

Rationale: Section 48.21 requires a custody hearing to be held within 48 hours of the time the decision to hold the child was made, excluding Saturdays, Sundays and legal holidays. Section 938.21 requires a custody hearing to be held within 24 hours after the end of the day that the decision to hold the juvenile was made, excluding Saturdays, Sundays and legal holidays. Although ch. 48 and 983 have differing deadlines, it is appropriate for the court to establish a common deadline so as to avoid confusion.

2. If court scheduling or congestion makes it impossible to conduct a custody hearing within the time period, the custody hearing shall be conducted as soon as is reasonably practical. No juvenile shall be automatically released from custody if a custody hearing is not held in a timely fashion if the reason for the inability to hold the custody hearing is because of court congestion or scheduling difficulties under §938.315(1)(dm).

3. If a petition under either ch. 48 or ch. 938 has not been filed by the time of the custody hearing and the statutory grounds exist for an extension of time to file a petition, a petition must be filed within:

4. No custody hearing under chs. 48 or 938 is to be held for a defendant age 14 or under involved in an original adult court jurisdiction matter who is being held in secure custody.

1308 "Court Intake".

1. All intake referrals under §§48.24(1) or 938.24(1), Wisconsin Statutes, are to be submitted in writing on the appropriate forms, either the Court Referral--Juvenile, Law Enforcement form or the Court Referral--Juvenile, Non-law enforcement form.

Rationale: All referrals must contain specific information. Using a state-wide approved form provides a consistent format for presenting and reviewing each referral.

2. All intake referrals under §§48.24(1) or 938.24(1), Wisconsin Statutes, shall be conducted by the intake worker.

Rationale: Consistency in the handling of the referral process is necessary to assure that children are handled similarly. Coordinating all intake inquiries in the intake worker assures such consistency. Because the time limits for conducting an intake inquiry are sufficiently flexible, the intake worker can accommodate all intake referrals in spite of temporary absences, vacations, or other duties.

3. All parties making a referral may make a recommendation for disposition, but that recommendation is not binding on the intake worker.

Rationale: Often the party making the referral has special insight into the facts or needs of each case which should be communicated to the intake worker who must make the ultimate recommendation. Recommendations, however, are merely recommendations.

4. Intake referrals under §§48.24(1) or 938.24(1), Wisconsin Statutes, are not required if all of the following have occurred:

5. Intake referrals under §§48.24(1) or 938.24(1), are not required if the juvenile has been transferred to juvenile court by an adult court pursuant to a "reverse waiver" under §§970.032(2) or 971.31(13).

Rationale: The juvenile has already been in adult court under an original adult court jurisdiction crime because of the serious nature of the crime committed or the juvenile's past record. The district attorney will already have prepared charging documents concerning the juvenile in adult court and is in the best position to make a determination of whether a delinquency petition should be filed and the charge(s) to be included in the petition.

6. Except as set forth elsewhere in this rule, the intake worker shall always consider the possibility of an informal disposition agreement under ch. 48 or a deferred prosecution agreement under ch. 938 when doing so would not unduly depreciate the seriousness of the matter referred in the eyes of the juvenile, parents, victims, and the public.

Rationale: Diversion of children from the formal court system is one of the goals of both chapter 48 and 938. An Informal Disposition Agreement (IDA) or Deferred Prosecution Agreement (DPA) may allow the intake worker to structure a plan with the agreement of the child/juvenile and parents that will accomplish all of the goals of chapter 48 and 938. However, an IDA or DPA can be counter-productive if its effect is to reduce the child's or parents' responsibility, or the IDA/DPA would depreciate the seriousness of the offense, or such an action would be viewed as doing so by other interested persons.

7. The intake worker shall consider the following factors in screening intake referrals:

8. The intake worker shall not enter into a deferred prosecution agreement in a ch. 938 matter in the following situations unless the district attorney has referred the matter back to the intake worker with such a recommendation.

Rationale: The legislature, on behalf of the society it represents, has categorized crimes in terms of seriousness by creating a classification system. It is the duty of the executive branch, acting through the elected District Attorney, to determine the extent to which these crimes should be prosecuted. For those crimes society considers most serious, the intake worker--a non‑elected member of the judicial branch--should not make Informal disposition recommendations in those cases which would appear to unduly depreciate the seriousness of the allegations. Certain criminal activity is so serious that an informal disposition should only be considered when the District Attorney has made that choice as the proper prosecutorial decision. The intake worker should conduct an intake conference and may recommend to the district attorney a juvenile court deferred prosecution agreement or an adult criminal court deferred prosecution agreement. If the district attorney has reviewed the matter and concludes that a juvenile court deferred prosecution agreement is appropriate, the district attorney will refer the matter back to intake for such a procedure. If the district attorney believes an adult criminal court deferred prosecution agreement is appropriate, the district attorney will prepare the paperwork in adult court.

9. The juvenile intake worker may consider recommending an informal disposition agreement or deferred prosecution agreement in the following circumstances:

10. Deferred prosecution agreements involving Youth Village Placements

• the juvenile;
• the parent, guardian, or legal custodian;
• the agency providing services under the agreement; and,
• the juvenile court clerk.

11. The intake worker may dispense with holding an intake conference in those cases in which the intake worker is satisfied that the best interests of the child or the interests of society require an immediate decision. In such cases the intake worker may notify the child and parents of their rights under chs 48 and 938 in writing.

Rationale: In some cases a referral and recommendation are apparent on the basis of the referral documents. CHIPS cases involving danger or risk to the child, or Delinquency matters involving serious crimes, may require a greater immediacy of action than the usual intake process would allow. The intake worker should be free to make the decision whether an intake conference would be beneficial to the intake decision or would merely be postponing necessary action.

12. When a matter has been presented to the intake worker by the Juvenile Court Clerk under section 1317 of this local court rule, the intake worker may:

1309 Notice to victims of children's acts.

1. POLICY. Pursuant to §938.346(5), the following rules are to be in effect, as of December 1, 1998 related to the required attempts to notify victims of juvenile's acts:

2. PROCEDURES RELATED TO HEARINGS

1310 Notices of rights, obligations, and possible disclosures to child/juvenile and parent(s).

1. If a custody hearing is held:

2. At an intake inquiry:

1311 Plea negotiations.

1. The court will not accept any plea negotiations that are entered into after the date set by the court for motions in the case, or if no motions are filed, within five working days of the fact-finding hearing.

Rationale: Last-minute resolutions of cases are extremely disruptive to the court calendar. Time on the court calendar will have been set aside for this case to the exclusion of other cases. Witnesses and jurors who have been subpoenaed may have made alternative arrangements for their personal affairs. In order to avoid this disruption, the parties to a case must make all necessary efforts to resolve the matter as much before the fact-finding hearing as possible.

2. After a plea negotiation deadline has passed, the only resolutions the court will accept to pending delinquency, JIPS, or CHIPS matters is an admission to the petition by all parties, a dismissal of the entire petition by the petitioner, or a fact finding trial on the original petition.

3. If a plea negotiation involves a Consent Decree, the consent decree must be reduced to writing, completely signed by all parties, and presented to the court prior to the deadline for plea negotiations.

Rationale: Since fact-finding hearings are typically scheduled for a date close to the statutory deadline, waiting until the last minute to complete the consent decree is especially disruptive to the court calendar.

1312 Dispositional activities.

1. Court reports that have been ordered by the court shall be completed and filed with the court not less than four working days before the scheduled dispositional hearing. The agency completing the court report shall transmit copies of the report to the attorneys involved in the matter. In the case of parents who are not represented by counsel, a copy of the report shall be transmitted directly to them by the agency.

Rationale: The court report may be the single most important document prepared on behalf of a child/juvenile and a family. In order for the child/juvenile/attorney and family to have the opportunity to consider the report and any recommendations made in the report, it is imperative that they have access to the report before the dispositional hearing. Receiving and reviewing the report on the day or even at the time of the hearing does not allow a reasonable amount of time to consider the report.

2. Lafayette County Human Services shall be the agency primarily responsible for implementing court dispositional orders involving supervision.

Rationale: In order to effect the separation between intake and adjudication (which are court functions) and dispositional supervision (which should not be a court function), it is appropriate that the local Human Services agency be the agency primarily responsible for implementing court orders.

3. Dispositions involving persons who are not residents of Lafayette County shall be coordinated through the Lafayette County Human Services agency.

Rationale: In order for the court to ensure that its orders are enforced, the court must have jurisdiction over the agency that is implementing the order. Requiring the local Human Services agency to coordinate the services provides the court with the leverage needed to ensure compliance.

4. If a matter has been transferred from another county to this county for a dispositional hearing, the dispositional hearing shall be set within 30 days of the receipt of the transfer documents from the other county. If the agency preparing the court report has not had any prior experience with the juvenile, the agency may request an extension for preparation of the court report.

1313 Extensions of dispositional orders.

1. The agency primarily responsible for implementation of a dispositional order shall notify the court at least thirty days prior to the termination of an order as to whether the agency will seek to extend the dispositional order or allow it to terminate. The agency shall ensure that copies of the communication to the court (whether Petition or letter) shall be sent to all parties entitled to notice.

Rationale: Notwithstanding relaxation of some time limits in ch. 938, matters, the court loses jurisdiction in either a ch. 48 or 938 case if the extension hearing isn't held before the order terminates. At least thirty days notice of an intent to seek an extension is necessary in order to schedule and conduct a hearing. Requiring the agency to give notice at least thirty days in advance as to whether it will or will not seek an extension will insure that all cases are considered and eliminate the possibility of any one case slipping "through the cracks."

2. The agency may revise its decision after giving such notice if it determines that the original decision was incorrect based on a reconsideration or new factors.

Rationale: Sometimes the agency may reconsider its decision based on new factors or merely a re-review of the situation. The agency must be given the opportunity to change its mind.

3. A request to extend a dispositional order received during the thirty day period immediately prior to the termination of the order shall be accompanied by a request for a temporary thirty-day extension under §§48.365(6) or 938.365(6), Wisconsin Statutes, in order to schedule a hearing.

Rationale: It may be difficult for the court to schedule an extension hearing prior to the original termination date depending on when the request for an extension is filed. Requiring all extension requests filed within the last thirty days of the dispositional order to be accompanied by a request for a thirty-day extension provides the court with the flexibility of granting a temporary extension when needed to accommodate court scheduling.

4. The court shall schedule an extension hearing in all cases where a request for an extension is filed. If the extension request is filed during the thirty-day period immediately prior to the termination of the order, the court shall attempt to schedule the case before the termination date. If the court cannot schedule the matter before the termination date, the court will grant the request for a temporary thirty-day extension under §§48.365(6) or 938.365(6), Wisconsin Statutes.

Rationale: As part of the court's philosophy that juvenile proceedings must be expedited, it is appropriate to attempt to scheduled extension hearings within the original time period set for termination of an order. Only if the hearing cannot be set within that time period should the court consider a temporary extension.

5. All extensions of a dispositional order shall take effect at the termination date of the dispositional order being extended regardless of the date of the hearing on the extension, except that in the case of a disposition that has been temporarily extended for up to thirty days under §48.365(6), Wisconsin Statutes, any extension shall take effect at the termination of the extended date.

Rationale: It is appropriate that there be uniformity in determining when an extended disposition is to take effect. Since chs. 48 & 983 do not specifically address this issue, dispositional orders in the past have sometimes used the hearing date as the date from which the extension is calculated rather than the date the dispositional order was to expire. Since an extension is merely a continuation of the old order, it is logical that the extended period is simply added to the existing order. It is illogical to consider the extension to be a new order which can overlap the old dispositional order.

1314 Requests by victims or the insurance companies of victims for disclosure of juvenile identity and police records.

1. Local Court Rule 12, effective November 1, 1991, is repealed effective July 1, 1996.

2. All requests by victims or the insurance companies of victims for disclosure of the juvenile's identity and police records shall be referred to the law enforcement agency responsible for the investigation.

3. The insurance company of a victim shall be entitled to know the amount of restitution a court has ordered paid on behalf of the victim if a request to the juvenile court clerk is made pursuant to §938.396(2)(fm).

1315Requests to review court files involving juveniles.

1. All requests for review of court records involving a juvenile shall be in writing.

2. The juvenile court clerk shall make available upon request the appropriate forms (such as JD-1738) for requesting such information.

3. If a request is made by a juvenile, parent, guardian or legal custodian under §§938.396(2)(ag) or (am), before release of any information requested the juvenile court clerk shall review the file and make an initial determination whether release of that information might result in imminent danger to anyone. If the juvenile court clerk believes such a result might occur, the juvenile court clerk shall either:

4. Requests pursuant to §938.396(2m)(a): If a request is for access to juvenile court records made by any person under §938.396(2m)(a) for juveniles alleged to have committed an offense enumerated in §938.34(4h)(a) (Serious Juvenile Offender crimes), the juvenile court clerk shall before releasing the file for inspection:

5. Requests pursuant to §938.396(2m)(b): If a request is for access to juvenile court records of a juvenile alleged to be delinquent for committing a felony after a prior delinquency adjudication, the juvenile clerk shall:

• That the juvenile is currently charged with a felony,
• That the juvenile was adjudicated delinquent for any crime at any time before the commencement of the felony proceeding,
• That the previous adjudication remains of record and has not been reversed.

6. No copies of any court records shall be made or provided to any person requesting access to the records of a juvenile.

7. All requests for access to court records shall be responded to, in writing, within 48 hours of the request.

8. Intake files retained by the juvenile intake worker are not considered court files for the purposes of this rule.

1316 Expunction of the record of a delinquency adjudication.

1. All petitions for expunction of a juvenile adjudication shall be scheduled for a hearing.

2. If the court grants the petition for expunction of the juvenile adjudication, the juvenile clerk shall:

3. If a proper request is made for information concerning the juvenile's adjudication, court personnel shall merely state that there is no record of a delinquency adjudication, although the remainder of the court file is open to inspection if it otherwise meets the criteria for opening records under §938.396.

1317 Delinquency proceedings commenced by a reverse waiver.

1. All delinquency proceedings following a reverse waiver from an adult court with original jurisdiction shall be commenced by filing a Petition for determination of status--delinquency.

2. No intake inquiry is necessary for such proceedings.

3. Custody placements of juveniles who have been reverse waived shall be as follows:

• Any juvenile who was being held in an adult jail for failure to post bond shall be immediately transferred to a juvenile secure custody facility.
• Any juvenile (age 14 or under) who was being held in juvenile secure detention shall remain in that placement.
• Any juvenile who had been released on bond under conditions shall be deemed held in nonsecure placement under the same bond conditions until a custody hearing is held pursuant to §938.21.

4. The following may request a custody hearing under §938.21 to review or revise this custody:

• Any person otherwise authorized to request custody under ch. 938,
• The juvenile, juvenile's parent, legal guardian, or custodian.

1318 Duties of the Juvenile Court Clerk in handling CHIPS petitions filed by the counsel or guardian ad litem for a parent, relative, guardian, or child, or directly by such a person acting without an attorney.

1. The Juvenile Court Clerk shall not accept for filing any petition under §§48.13 or 48.14, Wisconsin Statutes, presented by the counsel or guardian ad litem for a parent, relative, guardian or child, or directly by such a person acting without an attorney, unless that petition has been first referred to juvenile intake for an intake inquiry under §48.24, Wisconsin Statutes.

Rationale: Section 48.24, Wisconsin Statutes, requires that information indicating that a child should be referred to the court shall first be referred to the intake worker. However, §48.25, Wisconsin Statutes, authorizes the counsel or guardian ad litem for a parent, relative, guardian or child to file a petition. In most cases, such petitions will not have been referred first to juvenile intake for an inquiry whether the court should be involved. It is important that intake be provided the opportunity to make inquiry first to ensure that there is a proper basis for the filing of a petition.

2. Upon receipt of any such petition the Juvenile Court Clerk shall refer the matter to the juvenile intake worker for an intake inquiry.

3. Any petition filed contrary to this rule may be dismissed without prejudice pending the intake inquiry.

Rationale: Once a petition has been filed, the time limits for conducting a plea hearing and other proceedings take effect. Those time limits are inconsistent with the periods allowed juvenile intake to complete an intake inquiry. It is the court's policy to require an intake inquiry for matters brought directly to the court by counsel or guardian ad litem for a parent, relative, guardian, or child, or by such a person directly without an attorney. Therefore, to avoid the redundancy of having a court proceeding and an intake inquiry proceeding at the same time, with conflicting time limitations, the court can only control such petitions by dismissing without prejudice those that don't go through intake.

1319 Reimbursement/payment for attorney fees, placement costs, and/or services.

1. Attorneys appointed by the county or state to represent a child/juvenile

• If there are two parent(s) residing together, at least $15 per week from each parent.
• If there is only a single parent or the two parents are residing separately, at least $15 per week from each.

2. Attorneys appointed by the court for parents in CHIPS matters

• If there are two parent(s) residing together, at least $15 per week from each parent.
• If there is only a single parent or the two parents are residing separately, at least $15 per week from each.

3. Costs of custody/placement

• Establish the amount of reimbursement on the record in court at the time the placement order is made, or,
• Refer the matter to Lafayette County Human Services for a determination of the amount the parent(s) are able to pay. Lafayette County Human Services shall establish a payment schedule for reimbursement.

4. Costs of services

• Establish the amount of reimbursement on the record in court at the time the placement order is made, or,
• Refer the matter to Lafayette County Human Services for a determination of the amount the parent(s) are able to pay. Lafayette County Human Services shall establish a payment schedule for reimbursement.

5. When a parent(s) has been ordered to reimburse the county or state for custody/placement/or services, the court may require the parent(s) to complete a financial disclosure of assets.

6. A parent may seek review of any of the orders for reimbursement by petitioning the court for a review.

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Dated at Darlington, Wisconsin June 6, 2003

BY THE COURT:

William D. Johnston
Circuit Court Judge
APPROVED: Filed this day of , 2003

Date

Honorable Michael N. Nowakowski Catherine M. McGowan
Chief Judge Clerk of Circuit Court
Fifth Judicial District