State Bar of Wisconsin

Milwaukee County
Circuit Court Rules
(First Judicial District)

WARNING: The Local Rules of the First Judicial District have been substantially revised. New rules governing the civil and criminal divisions and new rules generally applicable in all divisions became effective March 1, 2009. The court is in the process of revising the rules governing the family and children's divisions and concerning the organization of the court. For more information on the proposed new local rules, please visit Milwaukee County Local Rules Revision Project.

PART 1. ORGANIZATION

I. OFFICE OF THE CHIEF JUDGE ("The Office")

101. EFFECTIVE DATE OF RULES

These rules shall take effect as provided by Rule 219.

104. EFFECT OF RULES: CITATION

These rules shall be known and cited as Rules for the First Judicial Administrative District ("District I Rules") of the State of Wisconsin. Effective August 1, 1978, these rules supersede all rules heretofore adopted by the former Board of Judges for Milwaukee County, which are hereby repealed in their entirety. The words "action" and "case" are equivalent.

105. NEW RULES; AMENDMENTS; REPEALS; PROMULGATION OF ALL RULES

The Chief Judge shall prepare new rules as required, and may amend or repeal existing rules. Such rules, modifications, or repeals are effective upon mailing to the judges of the District. Copies shall be made available to the public.

106. ANNUAL MEETING

Upon reasonable notice, the Chief Judge shall call a meeting of the District I Judges at an appropriate time in January. At that time, he/she shall:

Report upon the previous year's operations;
Take up other business.

107. OTHER MEETINGS

Upon reasonable notice, the Chief Judge may call a meeting at any time. The Chief Judge shall call such meetings upon written request of seven active judges. In the event a quorum is not present at such meeting, the Chief Judge may dismiss or adjourn it.

108. MEETINGS OPEN TO PUBLIC

All meetings shall be held in the Chief Judge's conference room in the Courthouse, or other appropriate place in the Courthouse or Safety Building. They shall be open to the public.

109. COMMITTEES

There are no standing committees. The Chief Judge shall appoint and dissolve, at his/her pleasure, committees to expedite the administration of justice. When requested by the Chief Judge, a committee shall present a prompt report.

110. PROCESS FOR SELECTING AND APPOINTING PROBATE COURT COMMISSIONER

Applicable Statutes. Sec. 757.72(10), Wis. Stats. provides: In counties having a population of 500,000 or more, there is created in the classified civil service the office of the probate court commissioner. Sec. 757.72(4), Wis. Stats. provides: In counties having a population of 500,000 or more, the chief judge of the judicial administrative district shall appoint...probate court commissioners under Secs. 63.01 to 63.17.
Certification List Process

Announcement/Request for Names. A Certification Request is submitted to the Milwaukee County Department of Human Resources by the Chief Judge and Register in Probate to initiate the process of obtaining a civil service certification list of persons eligible for appointment to the position. A new list of eligible persons shall be requested if one of the following exists:
Selection. Upon receipt of the certification list, it shall be reviewed by an initial panel of three persons selected by the Chief Judge, including one circuit judge assigned civil/probate calendars and the presiding judge of the civil division. A list of persons shall be selected based upon merit and fitness for the position. Among criteria to be considered in this selection are demeanor and knowledge of the law as observed by any of the judges and the creation of a diverse pool of applicants. Once a list of persons to be interviewed is created, the Register in Probate shall contact by letter all persons on the interview list and create an interview schedule. The interview shall be done by a panel of five persons including the Register in Probate, a circuit judge assigned civil/probate calendars other than the circuit judge that served on the initial panel, the presiding judge of the civil division and two other persons selected by the Chief Judge and presiding judge of the Civil Division, keeping in mind that such persons should have a thorough knowledge of all aspects of Probate and Mental Health jurisdiction court operations. The interview panel shall conduct oral interviews with the applicants individually. The interview shall include, without limitation, questions concerning demeanor and work habits, knowledge and experience concerning probate and mental health law. Upon completion of the interviews, the panel shall forward the unranked names of three to five persons for consideration by the Chief Judge. At appropriate times in the selection process, the Chief Judge will inform the judges of the district of the following:

The time table for the selection and appointment, and
The names of individuals appointed to the review and interview.

Appointment. The Chief Judge may appoint from among the names, may request further interviews of the recommended candidates or may reject the list and request further interviews by the interview panel. The final appointment to the position, and the setting of compensation for that position, rests with the Chief Judge. Upon appointment, the person anointed shall take the oath of office prior to commencement of duties of the position and such oath and the order of appointment shall be filed in the Office of the Clerk of Circuit Court. If a further opening occurs within a reasonable amount of time, the Chief Judge may appoint a person from the list of previously recommended candidates instead of requesting the process to be started over.
Emergency Appointment. In the event that there is not an eligible list for the position, the Chief Judge may fill the position on a temporary basis by an emergency appointment pursuant to Sec. 63.05(3), Wis. Stats., and Rules of the Civil Service Commission.
Temporary Appointment. When a need exists to fill a position for a period not to exceed six (6) months, a temporary appointment may be made by the Chief Judge from the certification list pursuant to Sec. 63.07, Wis. Stats.

Selective Certification Process (AB 306). The Chief Judge may submit to the Director of Human Resources a Request for Selective Certification of a Named County Employee pursuant to Sec. 63.05(1), Wis. Stats., accompanied by a statement of the basis for the recommendation and how it is based on the employee's merit and fitness and how the employee meets the established minimum qualifications for the position and why the named county employee is suited for appointment to the position. If selective certification of a named county employee is approved by the Director of Human Resources, the selectively certified person is appointed to the position by the Chief Judge. Upon appointment, the person appointed shall take the oath of office prior to commencement of any duties of the position and such oath and order of appointment shall be filed in the Office of the Clerk of Circuit Court.
Compensation. All compensation matters regarding court commissioners shall be in the sole discretion of the Chief Judge subject to all existing statutory law, county ordinances, union agreements and civil service rules.

II. EXECUTIVE COMMITTEE

116. EXECUTIVE COMMITTEE; DEPUTY CHIEF JUDGE; PRESIDING JUDGES (EFFECTIVE 4/4/2007)

The Chief Judge shall, by directive, designate the Deputy Chief Judge(s) and shall appoint an Executive Committee consisting of, at a minimum, the following:

The Chief Judge
The Deputy Chief Judge (s)
The Presiding Judges of each Division, including Civil, Felony, Misdemeanor, Family, Children’s and Probate
No more than three (3) judges to serve as At-Large members
The Clerk of Circuit Court

Each member shall serve at the pleasure of the Chief Judge.

III. THE DISTRICT COURT ADMINISTRATOR ("The Administrator")

119. GENERAL DUTIES

It shall be the duty of the Administrator, under the supervision of the Chief Judge, to:

Assist in the preparation of budgets for all courts and supporting services;
Provide a monthly record to the Chief Judge of flow for each branch of the courts and each full-time court commissioner ("commissioner");
Maintain records of requests for case transfers between and among the divisions;
Keep a daily record of each active judge assigned from outside the District, and reserve judges on specific assignments through the Director of State Courts under the Chief Justice, and the dates of their appearance;
Provide statistics at the request of the Chief Judge;
Provide liaison between the judges, Clerk of Court's office, District Attorney's office, Public Defender, County Board, and County Executive, for the Chief Judge;
Supervise hiring of free-lance court reporters;
Cooperate with the deputy sheriff in fulfilling his/her duties under Rule 125;
Serve as executive secretary for Executive Committee;
Trace lost or missing files;
Ascertain facts concerning actions which are confused in the system;
Keep a record of courtroom availability, and secure the cleaning of courtrooms;
Calendar visitation of probate hearings and miscellaneous matters; and
Prepare assignments within the District.

IV. DEPUTY SHERIFF

125. DUTIES

The duties of the deputy sheriff assigned to the Chief Judge shall be designated by the Chief Judge. Among other things, the deputy sheriff shall:

Provide security;
Provide liaison with the Sheriff's office;
Fulfill special requests of the Chief Judge relating to his/her office;
Act as bailiff as needed when the Chief Judge tries actions or conducts hearings.

V. CLERK OF CIRCUIT COURT AS DIRECTOR OF COURT SERVICES ("The Director")

128. FUNCTIONS

The Director, under the supervision of the Chief Judge, shall perform the following functions, in addition to the duties prescribed by Statute for the Clerk of Circuit Court, to-wit:

Prepare and submit budget estimates of appropriations necessary for the maintenance and operation of the courts and the supporting services thereof; make recommendations to the Chief Judge; and appear at budget hearings alone, or with the Chief Judge or the Administrator, or such other person or persons designated by the Chief Judge;
Present with the Administrator, and such person or persons as the Chief Judge may designate, the needs of the courts to the County Board, State Legislature, Supreme Court, Judicial Council, and committees thereof;
File requests for appropriations or requisitions for the courts and approve all invoices for same, keep a record of such requisitions and expenditures, and make recommendations with respect to any necessary budget transfers;
Make necessary arrangements for the use of courts and clerks and supporting services thereof, and for the purchase, exchange, transfer and distribution of equipment and supplies for said courts, clerks and services.
Investigate and collect statistical data, and prepare reports relating to expenditures for the operation and maintenance of the court and supporting services;
Maintain liaison with the County Board, County Executive, Corporation Counsel, District Attorney, Sheriff, Human Resources Department, and administrative and budgetary offices of the County, relating to court administration;
Provide a monthly case flow record of each branch of the District; and,
Attend to and perform such other matters as may be assigned by the Chief Judge.

VI. THE DIVISIONS

132. DIVISIONS: PRIMARY RESPONSIBILITY

Assignment of judges shall be made to various trial divisions. Each judge so assigned shall bear primary responsibility to hear and determine actions and proceedings that are assigned. The divisions are:

Civil;
Felony;
Misdemeanor-Traffic;
Family;
Children's; and
Probate and Mental Health.

Assignments shall be made by Chief Judge Directive.

145. SPOKESPERSON

The Chief Judge shall be spokesperson for the judges of the District.

146. ROTATION OF JUDICIAL ASSIGNMENTS (AMENDED DECEMBER 9, 2002)

Seniority

A judicial seniority list shall be prepared and maintained by the Chief Judge. Placement on the list shall be determined by the judge's total length of continuous service as a trial judge, a member of the Court of Appeals, or a justice of the Supreme Court. Continuity of service for seniority purposes shall not be lost by a judge's serving in the military, by sick leave, by maternity leave, or by a period of suspension. However, no credit shall accrue for a period of suspension. The continuous service of a judge shall not be considered interrupted for purposes of this rule if the judge returns to the bench within three years after retirement, defeat in an election, or voluntary resignation from office. No credit will be given for any period of time out of office.
Two or more persons commencing service as a circuit judge on the state payroll on the same day have equal seniority; however, if preference must be decided between two persons of equal seniority, it shall be determined by lot on the first such occasion, and subsequently by turn.

Divisional Assignments

Service in a division is limited to one, four-year term. Divisional assignments shall be based primarily on overall seniority.
A judge with four years service in a division must move to another division.
Rotation shall occur on an annual basis as of August 1. The Chief Judge shall determine and prepare the list of persons required to rotate by virtue of this plan and include any other judges required to rotate in the discretion of the Chief Judge and the best interests of the First Judicial District.
Room Assignments: Room assignments shall be made among vacant courtrooms on the basis of total seniority of each judge, unless assignment to a specialty calendar requires the use of a particular facility. It is the stated policy of District I to discourage judges who are not subject to rotation from changing room assignments.
Calendar Assignments: Calendar assignments among open calendars shall be made on the basis of total seniority, except for assignments to specialty courts which are governed by Section D. Civil calendar assignments automatically follow room assignments.

Interim Vacancies

An interim vacancy is one that occurs at any time other than a regular rotation.
To be eligible to rotate into an interim vacancy, a judge must have a minimum of two years in a present assignment.

Intra-divisional Specialty Court Assignments

Intra-divisional specialty court assignments shall be made to judges assigned to that division on an intra-divisional seniority basis by the presiding judge of the respective division with the concurrence of the Chief Judge.
If intra-divisional seniority is equal among two or more judges assigned to a division, then specialty court assignments shall be made on the basis of total seniority.
If no judge within the division elects assignment to a particular specialty court, the assignment shall be made by the presiding judge of the division with the concurrence of the Chief Judge.
In the event a judge has already been assigned to a particular specialty court, he or she shall not be eligible to return again to the same specialty
court unless all other judges in the division have declined such assignment.
Assignment to Small Claims Court: Annually at the time of rotation, the judge who is rotating in to the Civil Division who has the least total seniority as a judge who has not been assigned as the Small Claims Judge, shall be assigned to Small Claims Court. "Assigned as the Small Claims Judge" means serving a one-year assignment to the one civil branch designated as the Small Claims Judge pursuant to Rule 397. It does not mean judges who were assigned small claims cases for one calendar month as a large claims court prior to the creation of Rule 397. If all the judges rotating into the Civil Division have been assigned as the Small Claims Judge, then the judge with the least total seniority who has served three years in the civil division (4th Year Civil Judge), but who has not served in small claims within the current civil assignment, shall be assigned to Small Claims Court. If all of the 4th year Civil Judges have been assigned to small claims court, then the judge in the civil division with the least total seniority who has not served in small claims shall be assigned to Small Claims Court. If all the judges in the Civil Division have served in Small Claims Court, the judge with the least total seniority who has not served in the Small Claims Court during their current civil assignment shall be assigned to Small Claims Court. Assignment to Small Claims Court shall be for a period of one year unless the judge elects to remain in the assignment and no other judge requests the assignment. (AMENDED DECEMBER 9, 2002
Comments: The purpose of this rule is to reduce disruption of calendars by rotating judges in and out of calendars during their assignment in the civil division. Therefore, assigning either a judge rotating into the division or a judge who will rotate out of the division the next year (4th year judge) to small claims court would cause the least disruption in calendars. Additionally, a judge who has served in small claims court in the past should not be obligated to serve a second time if there is any judge in the civil division who has not been assigned to small claims court. Finally, no judge should have to serve more than one year as the small claims judge during a current civil assignment unless that judge volunteers to do so.

All rotation assignments and interim vacancy assignments are subject to the approval of the Chief Judge and shall be filled by the Chief Judge in the best interests of the First Judicial District.

147. WORK RULE

When a judge is not actually involved in trial, he/she shall notify the Chief Judge of such fact, and the Chief Judge shall direct other available assignment.

148. ABSENCE FROM COURT

If a judge is to be absent from the court for more than three working days, he/she shall advise the Chief Judge in writing in advance of the absence.

149. VACATIONS AND EDUCATION (EFFECTIVE 2/2/99)

Vacations: A judge shall receive five weeks (25 days) per year. A maximum of twenty-five (25) days may be carried over from the previous year.
In-state Education or Teaching: Each judge shall take no more than ten (10) working days for in-state judicial education or teaching. Education or teaching in excess of ten (10) working days without prior approval from the Chief Judge may be deducted from the judge's vacation leave. A judge may carry over any unused education time from the previous year.
Out-of-state Education or Teaching: Judges may attend additional education programs out-of-state or may be involved in out-of-state teaching, but must receive approval from the Chief Judge. Unapproved out-of-state education or teaching may be deducted from the judge's vacation leave.
Committee Assignments: Judges selected to judicial state-wide committees shall, in advance, notify the Chief Judge in writing of the dates they will be attending meetings. Judicial state-wide committee work is not counted as judicial education or vacation leave. Any other judicial or legal committee work without prior approval of the Chief Judge may be deducted from the judge's vacation leave.
Limitation on Vacations and Education.
A judge seeking to use consecutive vacation time in excess of three weeks must receive approval by the Chief Judge in advance of the leave.
Each judge shall notify the Chief Judge in writing at least twenty-five (25) calendar days prior to taking a vacation or education or teaching leave if a replacement is required. If a replacement is not required, each judge shall notify the Chief Judge in writing at least five (5) days prior to an absence of more than three (3) working days. Waiver of the five (5) day rule must be approved by the Chief Judge.
At no time shall all judges of the same division take vacations and/or education simultaneously without prior approval of the Chief Judge.

VII. LEGAL INTERNS AND LAW CLERKS

148. ASSIGNMENT

Legal interns and law clerks shall be assigned by the Chief Judge or Deputy Chief Judge.

151. PRIVILEGE

All transactions and communications between a judge and his/her assigned legal intern or law clerk, during the period of each assignment, are privileged to the judge.

154. WORK PRODUCT

The work product of a judge who has been assisted by a legal intern or law clerk is the sole responsibility of the judge.

VIII. FULL-TIME COURT COMMISSIONERS ("Commissioners")

156. SELECTING AND APPOINTING CIRCUIT COURT COMMISSIONERS (EFFECTIVE 2/2/1999)

Applicable Statutes. Sec. 757.68(1)(b), Wis. Stats. and Supreme Court Rule 75.02(1)
Announcement/Request for Names. The position is advertised in the Milwaukee Journal-Sentinel, Daily Reporter, in major newspapers serving minorities, in the State Bar of Wisconsin news publications, the Milwaukee Bar Association newsletter, the Association of Women Lawyers newsletter, the Wisconsin Hispanic Lawyers Association newsletter, through Wisconsin Association of Minority Attorneys and through other appropriate communication sources.
All applications are returned to the Office of the Chief Judge.
Selection. Upon receipt of the applications, the Chief Judge shall appoint a committee comprised of two presiding judges, one commissioner, one administrator and one additional person to screen all applications. This screening committee shall submit an unranked list of applicants to the Office of the Chief Judge for interviews.
Once a list of persons to be interviewed is created, the Chief Judge shall appoint a committee comprised of two presiding judges, the presiding court commissioner, one administrator and the small claims judge.
The interview panel shall conduct oral interviews with the applicants individually. The interview shall include, without limitation, questions concerning demeanor and knowledge of law. Upon completion of the interview, the panel shall forward the unranked names of three to five persons for consideration by the Chief Judge.
At the appropriate times in the selection process, the Chief Judge will inform the judges of the District of the following:
1. The time table for the selection and appointment, and
2. The names of individuals appointed to the review and interview panels.
Appointment. The Chief Judge may appoint from among the names, may request further interviews of the recommended candidates or may reject the list and request further interviews by the interview panel. The final appointment to the position, and the setting of compensation for the position rests with the Chief Judge. Upon appointment, the person appointed shall take the oath of office prior to commencement of duties of the position and such oath and order of appointment shall be filed in the Office of the Clerk of Circuit Court pursuant to SCR 75.03.
If a further opening occurs within a reasonable amount of time, the Chief Judge, at his/her discretion, may appoint a person from the list of previously recommended candidates instead of requesting the process to be started over.
A new list of eligible persons shall be requested if one of the following exists:
1. There is not an existing list of eligible persons for the specific position;
2. The current list of eligible persons is more than two years old or is determined to be not sufficiently diverse;
3. The job description is in need of modification;
4. The Chief Judge determines that such a request is appropriate for any other reason.
Emergency Appointment. In the event that there is not an eligible list for the position, the Chief Judge may fill the position on a temporary basis by an emergency appointment pursuant to Sec. 63.05(3), Wis. Stats., and the Rules of the Civil Service Commission.
Temporary Appointment. When a need exists to fill the position for a period not to exceed six (6) months, a temporary appointment may be made by the Chief Judge from the certification list pursuant to Sec. 63.07, Wis. Stats.
Selective Certification Process (AB 306). The Chief Judge may submit to the Director of Human Resources a Request for Selective Certification of a Named County Employee pursuant to Sec. 63.05(1), Wis. Stats., accompanied by a statement of the basis for the recommendation and how it is based on the employee's merit and fitness for the position and how the employee meets the established minimum qualifications for the position and why the named county employee is suited for appointment to the position. If selective certification of a named county employee is approved by the Director of Human Resources, the selectively certified person may be appointed to the position by the Chief Judge. Upon appointment, the person appointed shall take the oath of office prior to commencement of any duties of the position and such oath and order shall be filed in the Office of the Clerk of Circuit Court.
Compensation. All compensation matters regarding court commissioners shall be in the sole discretion of the Chief Judge subject to all existing statutory law, county ordinances, union agreements and civil service rules.

157. TITLE

Commissioners shall use the title "full-time court commissioner". Commissioners shall not use the title "judge" or present themselves to the public as judges.

159. ATTIRE

Commissioners shall don suitable dress, which shall not include a robe.

161. DECORUM

Dignity and decorum consistent with a courtroom shall attend proceedings before a commissioner.

163. LAW PRACTICE

Commissioners shall not practice law or present themselves to the public as practitioners.

165. DUTY ASSIGNMENT

Except as otherwise provided by law, duties of a commissioner shall be designated by the Chief Judge.

167. POLICY

Commissioners shall not make, but shall implement, policy; they shall be bound by Rule 145.

169. PUBLIC HEARINGS

Except as otherwise provided by law, all proceedings before a commissioner shall be public.

171. SELF-DISQUALIFICATION

Self-disqualification by a commissioner shall be effective only upon approval of the Chief Judge.

173. ETHICS

Commissioners shall neither solicit nor receive gifts.

IX. MISCELLANEOUS

185. REQUESTS

Judicial functions. Exclusive of the annual Judicial Conference, requests to attend judicial conferences and judicial education programs shall be addressed to and processed by the office.
Capital improvements; equipment. Requests for the following shall be addressed to the Director, with a copy to the Office, to-wit:
1. Capital improvements;
2. Equipment;
3. Exchanges of equipment;
4. Removal of furnishings and equipment;
5. Telephone number changes.
Statistics. Requests for statistics shall be addressed to the Office.

189. DOCUMENT RETIREMENT

Office documents consist of:

Correspondence;
Chief Judge memos;
Orders.

The office may discard correspondence in its discretion; directives, two years after the end of the calendar year; orders, three years thereafter.

191. RECORDS DESTRUCTION

The Chief Judge may order the destruction of court records of any division pursuant to Statute, and with approval of the Executive Committee, under the following circumstances:

The approval of a majority of the judges in a division; or
On his/her own initiative, if:
1. A court be abolished; or
2. In other cases, upon twenty (20) days notice by the Chief Judge to judges in such division, provided a majority of judges therein do not object in writing within such twenty (20) days.
In the event a majority of judges in a division do not approve, the Chief Judge may, in his/her discretion, refer the matter to all judges of the District who, by majority vote, may order destruction, or take other action.

Milwaukee County Circuit Court Rules

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