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Outagamie County
Circuit Court Rules
(Eighth Judicial District)

SECTION 1: DISTRIBUTION OF WORKLOAD

OUTAGAMIE COUNTY CIRCUIT COURTS AND
COURT COMMISSIONERS CASELOAD DISTRIBUTION
FEBRUARY 1, 2008 – FEBRUARY 1, 2015

THIS ORDER REPLACES THE PRIOR ORDERS OF THE OUTAGAMIE COUNTY CIRCUIT COURTS ON WORKLOAD DISTRIBUTION.

Court Commissioners  - Intake for Circuit Courts:  (CI) initial appearances in misdemeanor and felony crimes, traffic forfeitures and traffic crimes, ordinance violations and forfeitures, DNR and snowmobile violations; (SC) small claims trials; (JI) initial juvenile hearings and detention hearings under Chapter 48, Search Warrants, Watts hearings, probable cause  hearings in mental Commitments, and status conferences in traffic, ordinance and misdemeanor cases. Pleas in misdemeanor and traffic with consent of the District Attorney, defense attorney, if any, and the party. Time and calendar permitting, preliminary hearings may be held.  When Family Court Commissioner has a conflict to handle those cases.

Family Court Commissioners  -  Divorce temporary hearings, post-divorce motions and hearings, domestic abuse restraining orders and hearings, harassment restraining orders and hearings, stipulated divorces, and wage assignment hearings.  All matters requiring Court attention in paternity matters with the exception of paternity adjudication trials.  When Court Commissioner has a conflict to handle those cases.

Probate Court Commissioner, Register in Probate, Probate Registrar  -  Supervise        and conduct all uncontested probate proceedings including Formal and Informal       Probate, Termination of Life Estates, Joint Tenancy, Summary Settlements and            Summary Assignments.  Supervise all guardianship and trust annual accountings.

Circuit Court Judge  - Each Circuit Court shall be randomly assigned by computer         an equal share of all the following cases requiring judicial attention.  Each court in           this circuit shall be classified a Civil Court, a Criminal Court, a Juvenile Court, a        Traffic Court, a Family Court, and a Probate Court.  There shall be both general and     rotating case categories.  Cases shall be classified and from each general        classification assignments shall be equally to each court as follows:

A.        GENERAL

1.         CV       Civil (including writs except some Habeas Corpus Writs – See Special Categories)

2.         CV       Wisconsin Department of Revenue Garnishments          

3.         CV       Appeals to Circuit Court from Municipal Courts (Ordinance and Traffic Appeals)

4.         CV       Asbestos cases (Assigned by Administrative Judge)
4A.      CV       Section 980, Sexual Predator Cases

5.         CC       Harassment Appeals and Child Abuse

6.         S-1      Small Claims–Contested Eviction

7.         S-2      Small Claims–Appeal/jury trials

8.         S-3      Small Claims–Contempt proceedings on Court Commissioner Cases

9.         FA       Family (Divorce/Legal Separations/Non-Legal Separations)

10.       FA-2    Other Family/Incoming URESA

11.       PA       Paternity

12.       CF       Criminal Felony
12A.    CP       Preliminary Hearings 

13.       CM      Criminal Misdemeanor

14.       CT       Criminal Traffic

15.       TPR     Involuntary and Voluntary Termination of  Parental Rights

16.       PR       Probate Formal – Contested Matters

17.       IN        Probate Informal – Contested Matters

18.       JD        John Doe

19.       AD       Adoptions

20.       IN-T/PR-T Trust, Petitions to Terminate Trusts, Construction of Trusts and Proceedings on Discharge of Trustees and/or Appointment of Successor Trustees

B.        ROTATING CLASSIFICATIONS

Classifications/Categories  1, 3, 4 & 6 shall rotate for 6-month periods.
Classifications/Categories  2, 5 & 7 shall rotate for 12-month periods.

Category 1:      ME, MG, GN –
                                 50%   Mental commitments, juvenile mental commitments, and guardianships
                               100%   of outgoing URESA      (Rotation by filing date)
                                 50%  of protective placement appeals from Court Commissioner
                                 50%  of jury trial demands in WATTS cases.  (Shall be assigned to the judges that have this category at the time the appeal is filed or at the time the demand for jury trial is made)

Category 2:      JC, JV - 33.33% of each Juvenile category (Rotation by filing date)

Category 3:      TR, FO, JO - City of Appleton traffic and ordinance including juvenile traffic and ordinance (Rotation by filing date)
                       
Category 4:      TR, FO, JO - County traffic and ordinance, state non-criminal traffic, non-Appleton traffic and ordinance, DNR violations (Rotation by filing date)
                       
Category 5:      JV, JC -  33.33% of each Juvenile Category (Rotation by filing date)

Category 6:      ME, MG, GN –
                               50%     of Mental commitments, juvenile mental commitments, and guardianships. (Rotation by filing date).  Also Probate delinquencies. (Probate delinquencies include, Orders to Show Cause hearings on past due inventories and final accounts in formal probate, also unclosed formal and informal probate cases. Also includes OSC hearings for delinquent annual account guardianships.) All open probate cases that pass their closing date during the rotation period shall be transferred from the Register in Probate's assignment listing to the judge's assignment listing who shall have the responsibility thereafter to work with the Register in Probate and to use whatever means are necessary to bring the case to a closing. (Rotation by due date of event)         
                               50%    of protective placement appeals from Court Commissioner
                               50%    jury trial demands in WATTS cases. (Shall be assigned to the judges that have this category at the time the appeal is filed or at the time the demand for jury trial is made or filed.)
                                                                          
Category 7:      JV, JC - 33.33% of each Juvenile Category. (Rotation by filing date)
                       
Exceptions (JV/JC):

a) Any extension, revision or sanction hearings should be scheduled in the court where the case originated, if it was originally filed within that judicial rotation (on or after the preceding August 1st).  Any case which was commenced prior to August 1st of that judicial rotation period, but if the judge that issued the last order in the juvenile file is currently in juvenile rotation then he shall be assigned to that case and all other cases shall be reassigned pursuant to the 33.33% distribution to the current juvenile courts.  Once a case has been assigned to one of the three juvenile courts, it remains with that judge for any additional extension, revision or sanction hearing until the end of that judicial rotation.

b) If in chips cases there are more than one child from the same family being processed all cases should be assigned to the same judge. (The judge with the lowest case file number.)

C.        SPECIAL CATEGORIES

1.         Writs of Habeas Corpus
           
                        a)         All writs of habeas corpus from state correctional institution inmates will be treated as a civil case or incarcerated person (IP) case: a judge will randomly be assigned, that judge will immediately determine the merits of the petition.

                        b)         From jail inmates with pending cases – to judge handling oldest open case.
                                   
                       c)         Any situation not covered by A or B, above, shall be assigned by computer assignment under Category 1 – CV (writs of certiorari)
   
2.         Post Divorce and Post Paternity - stay with judgment granting Court.

3.         Felony Cases:  Under CCAP the case will be assigned upon filing to a Circuit Court, however the preliminary hearing shall be scheduled by the Clerk of Courts as set forth in this order.       

D.        Administrative Responsibilities shall be assigned as follows:
            February 1, 2008 – February 1, 2015

     
BRANCH
1. Law Library, Law Clerks, Coordinating Council (Criminal Justice)      
5
2. Family Matters, Family Court Commissioner and staff, Mediation Services, Security Committee      
2
3. Small Claims, Judicial Court Commissioners and staff    
6
4. Probate Matters, Probate Commissioner and Probate staff.  Mental Commitments, Guardianships, Trusts and Guardians ad Litem                  
4
5. Juvenile Matters, Juvenile Intake, Human Services
7
6. Criminal, Ordinance and Traffic matters 
3
7. Civil Matters, VIOS Programs and staff, Drainage Board         
1
8. Presiding Judge (Chief Judge) liaison with Clerk of Courts office 
4 and 5

E.         All circuit judges shall set aside the first Monday morning of each month from 9:30 a.m. to 11:30 p.m., for a county judicial meeting. 

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SECTION 2: GENERAL COURT RULES

Scheduling Procedure

Counsel for parties in Outagamie County Circuit Court cases will not receive notice of further proceedings unless they have themselves initiated the proceeding or, they have filed a Notice of Retainer.

When Notice of Retainer is not on file, notice of court proceedings will be mailed to the party or client at such address as is provided the Clerk in the initiating documents or otherwise provided in writing.

Dated at Appleton, Wisconsin this 20th day of December, 1988.

Occupational Driver's License Order

After careful consideration of the applicable Statutes, it is determined that the signing of Occupational Drivers' Licenses is a ministerial duty pursuant to Wis. Stats. 757.69(4).

IT IS HEREBY ORDERED: Authority is granted pursuant to Wisconsin Statutes for the Outagamie County Judicial Court Commissioner and Family Court Commissioner or their duly-appointed assistants to sign Occupational Drivers' Licenses issued under Wis. Stats. section 343.10. This power is in addition to all other powers expressly delegated by Statute or Judicial Order in the past or to be expressly delegated in the future.

Dated at Appleton, Wisconsin this 20th day of December, 1988.

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Pre-Sentence Investigation Reports

1. The Probation Officer shall deliver to the sentencing Judge the pre-sentence investigation report at least five (5) days prior to the sentencing date.

2. The District Attorney and Defense Attorney may inspect and copy (at their own expense) the pre-sentence investigation report. The District Attorney and Defense Attorney shall make no more than one (1) copy of the pre-sentence report.

3. Any copy of the pre-sentence investigation report made by the District Attorney or Defense Attorney must be filed with the Court immediately following the sentencing hearing.

Dated at Appleton, Wisconsin this 12th day of January, 1990.

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Domestic Abuse Bonds

WHEREAS Wisconsin Act 346 becomes fully effective on April 1, 1989, and this Statute, concerning domestic abuse cases, has some provisions concerning contact prohibition upon arrest, the Circuit Courts of Outagamie County order the following in an attempt to provide bond conditions consistent with this Statute, and to continue conditions which have been successfully enforced in the past;

IT IS HEREBY ORDERED upon release from custody following an arrest under section 968.07, Stats. (1987), and, unless there is a waiver as described below, the arrested person shall avoid the residence of the alleged victim of the domestic abuse incident, any premises temporarily occupied by the alleged victim, would avoid contacting or causing any person, other than attorneys for the arrested person and alleged victim, to contact the alleged victim. This condition shall be in effect for five (5) days immediately following the arrest for the domestic abuse incident. This five-day prohibition represents an additional period of "no contact" to that provided by the Statute, but is in no way inconsistent with the statutory provisions.

IT IS FURTHER ORDERED that consistent with section 968.075(5)(c), Stats., at any time during the five-day "no contact" period, the alleged victim may sign a written waiver of the requirements of the "no contact" provision set forth above. The law enforcement agency making the arrest shall have a waiver from available. Such waiver form shall be consistent with section 968.975(5)(b), Stats.

Dated at Appleton, Wisconsin, this 21st day of December, 1988.

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Domestic Abuse Cases

IT IS HEREBY ORDERED, that all Bonds from the Outagamie County Sheriff's Department or Outagamie County Court Commissioner's Office are authorized to provide the following provisions on Bond Forms in Domestic Abuse cases concerning the five (5) day no-contact provisions of those Bonds:

Clothing or personal hygiene items for five days can be obtained only by one of the following Court authorized methods:

1. Through contact by defendant's attorney with the victim.
2. In cooperation with the arresting police agency at a mutually convenient time.
3. Pursuant to a hearing before the Court Commissioner scheduled after written request is filed with Commissioner's office.

Dated at Appleton, Wisconsin, this 13 day of December, l989.

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Facsimile Transmission of Documents

Effective July 1, 1991 facsimile documents transmitted directly to the courts shall be accepted for filing only if:

a. The circuit court has a facsimile machine capable of reproducing documents that meet the Supreme Court Rule 72.01 concerning retention of filed documents. Only plain-paper facsimile machines currently comply with this requirement.
b. The circuit court has a facsimile machine physically located within the offices of the clerk of circuit court or the register in probate.
c. The document does not exceed six (6) pages in length, excluding cover sheet.
d. No filing fee is required.
e. No additional fee or charge must be paid by the circuit court for accepting or receiving the facsimile document.

Facsimile documents transmitted to a non-court agency, party or company for reception and ultimate transmittal to the court shall be accepted for filing only if:

a. No filing fee is required.
b. No additional fee or charge must be paid by the circuit court for accepting or receiving the facsimile document.

The party transmitting the facsimile document is solely responsible for ensuring its timely and complete receipt.

The circuit court, judge or clerk is not responsible for errors or failures in transmission that result in missing or illegible documents or periods when a circuit court facsimile machine is not operational for any reason.

A judge assigned to a particular matter may authorize in advance the filing of particular documents in that case that do not conform to these rules if good cause is shown and they are in conformance with SCR 801.16

Documents that are not to be filed but are to be used by the court for reference or other purpose may be transmitted by facsimile transmission at the discretion of the judge or clerk.

Dated this 17th day of July, 1991.

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Threats Against Judiciary and Security Incident in the Courts

1. 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.

2. 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.

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

4. 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.

5. 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 scheduled for all court employees on at least a yearly basis. All 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.

6. Threat/Security Incident Report form (GF-147). A record shall be made of all threats and security incidents on the 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.

7. "Panic buttons." The panic button 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.

8. Telephone threats.
a. All court employees shall keep a copy of the Threat/Security Incident Report form immediately at hand beside all telephones on which calls from outside the courts can be received.

b. To the extent possible, while the person making the threat is still on the telephone, the report from should be completed. If not possible, the form should be completed as soon as practical while all information is still fresh in the mind.

c. The telephone on which a telephone threat was received should not be disconnected or hung up until such time as law enforcement personnel indicate that disconnecting is appropriate.

Effective: April 15, 1994

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Procedure for Interpreter Billings

1. Interpreters agreeing to report for Court proceedings should appear 5 minutes prior to the scheduled court time.

2. Billings may be made from the reporting time on the basis of a one-half hour minimum per trip to the Justice Center and, in .10 hour increments thereafter. If the interpreter comes from beyond a 20 mile radius of Appleton, then a one hour minimum per trip may be billed. Similarly, if an interpreter has provided simultaneous interpretation/translation in Circuit Court proceedings for five years or more, then a one hour minimum per trip may be billed.

3. Mileage is reimbursed at the rate of $.325 per mile per trip to the Courthouse. Mileage reimbursement shall be for actual mileage only.

4. Whenever an interpreter is required for a Court proceeding, the Clerk shall record in the minutes the scheduled time to start, the actual commencement of the proceeding and the adjournment time.

5. The interpreter shall submit charges at the close of the proceeding on a form provided by the Circuit Courts and in substantial conformance to Exhibit A attached hereto.

6. Appointments by the Court are for matters associated with in-Court proceedings only. Billing for matters associated with other Court activities must be billed to the party or attorney from whom the work is requested.

Dated this 19th day of October, 1994 and amended this _24th__ day of January, 1995, and amended this 21st day of January 2000.

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Bill for Interpreter Services

State of Wisconsin vs. ____________________________________

Case # ___________________________

Type of proceeding: ______________________________________

Date: _____________________________________

Scheduled starting time:__________________________________

Actual starting time: _____________________________________

Adjournment time: ______________________________________

BILLING

Time: ________________________________

Mileage: ________________________________

TOTAL: ________________________________

SIGNATURE:

_____________________________________________

Approved by the Court:

_________________________________________

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GAL Appointments in Harassment

No action for a Harassment Injunction may be filed on behalf of a minor petitioner unless the minor petitioner first has a Guardian Ad Litem appointed. Fees of the Guardian Ad Litem for the petitioner shall be paid by the County.

The Court or Family Court Commissioner may, at the time of the hearing on the injunction petition, assign responsibility for payment or reimbursement of the Guardian Ad Litem fees for the minor to either party or to the parent of any minor party.

Dated at Appleton, Wisconsin this____ day of_________, 1998.

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Court Appointed Fee Schedule/Rules

The policies and procedures for court appointed attorneys shall be governed by the attached schedule, which is made na Order by the courts.

Dated at Appleton, Wisconsin this____ day of_________, 2003.

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SECTION 3: RULES FOR CRIMINAL, TRAFFIC AND MISDEMEANOR CASES

Guidelines for Misdemeanor and Traffic Cases

Sec. 1 APPLICABILITY. These rules shall be applicable to all misdemeanor and traffic cases both civil and criminal, where the cases are assigned for jury trial.

Sec. 2 ASSIGNMENT FOR TRIAL. Trials shall be scheduled to be held within sixty days following initial appearance or municipal transfer date, except that in those cases where a refusal hearing has been requested, the trial shall be scheduled within sixty days after the refusal hearing decision.

Sec. 3 DETERMINATION OF TRIAL DATE. At the time of the initial appearance or municipal transfer, the Court Commissioner shall assign each case a jury selection date together with a status conference date.

Sec. 4 DISCOVERY DEMANDS. Written discovery demands, under Section 971.24 through 24 and 345.421, must be filed within ten days of the initial appearance pursuant to Section 971.31(5)(a) and 345.421. The responding party shall reply to the discovery demand within fifteen days of the receipt of the written discovery demand, except that in cases where refusal hearings have been requested the response shall be made within fifteen days after the refusal hearing decision.

Sec. 5 STATUS CONFERENCE. The status conference shall be held approximately two weeks prior to the jury trial before the Court Commissioner. The defendant must be present at this conference unless the attorney has full authority to enter a negotiated agreement at the time of the conference. The attorneys who have full authority in the case for both sides must be present at this conference. All unrepresented defendants must be present at the conference. Failure to make the required appearance may result in a default judgment being entered in a forfeiture matter against the defendant and a warrant in criminal matters. Failure of counsel to be present may result in a fine being levied for contempt as to either side in this case.

The attorneys are to notify the Court Commissioner if they have reached a negotiated settlement in the case. The Court Commissioner will take pleas and impose sentences on forfeiture actions and refer the case to the Circuit Court in criminal actions for entry of pleas, orders for presentence investigations and sentencing.

MOTIONS. All motions which should be capable of resolution before trial, including motions to suppress statements, must be filed in writing within ten days from the initial appearance. Motions based upon information first obtained as the result of the discovery answer shall be filed within ten days after the completion of discovery.

A JURY CONFERENCE MAY BE SCHEDULED AT THE DISCRETION OF THE TRIAL COURT. WHEN SCHEDULED, THE FOLLOWING RULES APPLY:

Sec. 6 JURY CONFERENCE. In any case where a plea has not been offered at the status conference, the attorney or unrepresented defendant must notify the Judicial Assistant of the Court assigned if the case has been resolved by not later than 12:00 p.m. the Monday one week prior to the jury selection. For unresolved cases, the jury conference shall be held on Mondays at 1:15 p.m. the week prior to the trial. All attorneys together with all unrepresented defendants must be present. All pleas of guilty, no contest or dismissals must be made at this time.

Failure to make the required appearance may result in a default judgment being entered in a forfeiture matter against the defendant and a warrant in criminal matters. Failure of counsel to be present may result in a fine being levied for contempt as to either side in the case. The Court's Judicial Assistant will not contact the parties regarding the status of the case.

Pleas of guilty, no contest, or dismissals after this date may result in a $100 assessment of costs against the party entering the pleas or dismissal, in addition to any penalties imposed for the offense itself. The only exception to this rule will be for those circumstances beyond the control of the parties.

Any motions for continuance due to unavailability of witnesses must be made at the time of the jury conference.

The court shall set the priorities for trial and the date and time for trial and notify the parties by 12:00 p.m. on Tuesday, one week prior to the scheduled jury date.

Sec. 7 JURY FEES. In cases where there is a combination of criminal and traffic regulation or ordinance charges and a jury trial is demanded, a jury fee must be posted in the forfeiture matters.

The time requirements for the posting of the jury fee should be as follows:

a) If a pre-trial is requested, the fee must be posted within ten days from the time of the pre-trial;

b) If no pre-trial is requested, the jury fee must be paid within ten days from the initial appearance.

c) Where criminal and forfeiture charges are filed arising out of one incident, separate jury trials will be scheduled.

Sec. 8 REFUSAL HEARINGS. The Outagamie County Court Commissioner shall hold refusal hearings where a timely written demand has been filed pursuant to the Statutes. His Findings and Recommendations are subject to review by the Court where an objection is filed within ten days' time after counsel are notified as to the Findings.

Personal Appearance in Criminal Cases in Outagamie County for Initial Appearances

PERSONAL APPEARANCES WILL BE REQUIRED AT ALL INITIAL APPEARANCES IN CRIMINAL MATTERS.

APPEARANCES BY MAIL ARE NOT ACCEPTABLE.

THE ACCUSED NEED NOT BE PRESENT FOR THE INITIAL APPEARANCE IF THE ATTORNEY FILES WRITTEN AUTHORIZATION FOR REPRESENTATION AT THE INITIAL APPEARANCE.

Waiver of Preliminary Hearing When Accompanied With a Plea Bargain

WHEN A PRELIMINARY HEARING IS SCHEDULED AND THE PARTIES APPEAR AND WAIVE THE PRELIMINARY HEARING WITHOUT ENTERING A PLEA, THE CASE SHALL BE ASSIGNED FOR ARRAIGNMENT TO A CIRCUIT COURT BY THE USUAL LOTTERY SYSTEM.

WHEN A PRELIMINARY HEARING IS SCHEDULED AND THE PARTIES APPEAR AND WAIVE THE PRELIMINARY HEARING AS A PART OF A PLEA BARGAIN, THE CIRCUIT COURT SCHEDULED FOR THE PRELIMINARY HEARING SHALL CONSIDER THE PLEA BARGAIN, MAKE ITS FINDINGS AND, IF THE PLEA BARGAIN IS ACCEPTED BY THAT COURT, RETAIN THE MATTER IN THAT COURT FOR SENTENCING.

THIS RULE SHALL APPLY FOR BOTH PLEAS TO FELONIES AND PLEA BARGAINS THAT AMEND THE CHARGE TO MISDEMEANORS.

DATED THIS 21ST DAY OF DECEMBER, 1988.

Amendment or Dismissal of Felony Cases By the District Attorney

WHEREAS, the Circuit Courts are to accept pleas that are in the public interest; and

WHEREAS, the District Attorney's Office has the discretion to submit negotiated pleas to the Court for the Court's approval; and

WHEREAS, the District Attorney's Office makes such decisions based upon information which is unavailable to the Court but which the Court should have available to it before accepting a negotiated plea:

NOW, THEREFORE, IT IS HEREBY ORDERED that the District Attorney's Office shall file, at the time of a plea wherein any felony count is being amended or dismissed, a written statement containing the factors and considerations taken into account in making such plea negotiation, including but not limited to prior criminal record of the defendant and statement from the victim.

This court rule shall become effective for any plea taken after July 1, 1990.

Dated at Appleton, Wisconsin this 9TH day of June, 1990.

Habitual Traffic Offender

A person filing petition as a Habitual Traffic Offender for an Occupational License shall bring with them to court for the hearing a complete Driving Record Abstract from the Department of Transportation. Without such abstract, the petition will be dismissed. The record shall not be dated before the date of filing of the petition.

The Clerk shall advise all persons filing such a petition of the court rule.

Dated this 8TH day of October, 1990.

Substitution in Misdemeanors and Misdemeanor Criminal Traffic

In Misdemeanor and Misdemeanor Criminal Traffic cases, a request for Substitution of a Judge must be filed within 7 days of the initial appearance when the Circuit Court or Judge is disclosed at or before the conclusion of the initial appearance. Where the Circuit Court or Judge is not disclosed at the initial appearance, the substitution request must be filed not later than 7 days after the filing of the notice or order designating the Circuit Court or Judge.

Dated this 23rd day of June, 1992.

Probation for Misdemeanor Offenders

WHEREAS;

1. Misdemeanor offenders in Outagamie County are from time to time placed on probation through Outagamie County Volunteers in Probation.

2. Conditions of probation routinely include the payment of various amounts for costs, fees and restitution.

3. The Judgment need not set forth a schedule for payment and, the Volunteers in Probation office may, but need not, set up a payment schedule.

4. It is necessary under these circumstances to make clear the time, when under any circumstance, all payments must be made absent a contrary condition in the Judgment of Conviction.

NOW, THEREFORE, IT IS ORDERED:

1. For a person placed on probation for a period of 3 months to 18 months: all payments and restitution are due on the last Thursday of the month, at least 30 days prior to probation termination.

2. For a person placed on probation for a period of 18 months or more: all payments and restitution are due on the last Thursday of the month at least 60 days prior to probation termination.

Dated this 21st day of April, 1994.

Notice of Intent to Revoke

Whenever Notice of Intent to Revoke is filed with the Clerk of Courts as a result of a refusal to take a sobriety test the law enforcement agency filing the Notice must file a report or statement declaring the number of prior offenses under §343.307 Wis. Stats.

Dated this _____ day of ____________, 1994.

Guidelines For Deferred Prosecution Agreements

The following guidelines are hereby established by the Judges to determine those cases which might be appropriate for a deferred prosecution agreement:

1. A DPA will not be offered, if the case is charged as a battery and there is clear evidence of substantial bodily harm.

2. A DPA will not be offered, if the case is charged as a battery where there has been the use or threat of use of a weapon, such as a gun or knife.

3. Generally, a DPA will not be offered, where the defendant has any prior criminal record, or had previously been under Probation and Parole supervision.

4. A DPA will not be offered when the defendant has failed to complete or participate in Court ordered drug or alcohol abuse treatment, and the incident was associated with the use of drugs.

5. If none of the above apply to exclude a DPA, then the following relevant factors should weigh in the decision to exclude or offer a DPA:

  • prior police contacts
  • prior domestic abuse history
  • violations of temporary restraining orders
  • whether the defendant has voluntarily engaged in counseling
  • treatment since the incident leading to arrest; time elapsed from other violations or failed treatment
  • present or past injunction against the defendant

When offering to resolve a case by means of a DPA, the prosecutor and defense counsel should be prepared to explain the rationale for offering a DPA within the confines of the above factors.

Dated at Appleton, Wisconsin this 20th day of June, 1996.

OUTAGAMIE COUNTY COURT RULE ON BAIL BOND

The following procedure is adopted:

Three (3) months after a defendant fails to appear at a required Court hearing, the Clerk of Courts is authorized to begin the bail bond forfeiture procedure per Wis. Stat. §969.13.

Dated this 8th day of September, 2009.

Initial Appearance by Mail in Criminal Misdemeanor Cases

Attorneys may appear by mail at the Initial Appearance on all non-traffic Criminal Misdemeanor cases scheduled by Summons, upon filing in advance of the appearance date, a written plea of not guilty; a written Authorization to Act; and a written Notice of Retainer or Order of Appointment. Filings comprising the written appearance must be received in the Clerk of Court's office three (3) business days prior to the initial appearance.

At the Initial Appearance, upon filing of the trial request; notice of jury conference or status conference and trial dates will be provided to counsel for the defendant and, to the State.

Personal appearances will be required of all defendants not represented by counsel.

This rule supersedes the Court Rule authorizing written appearance dated January 5, 1998.

Dated this _____ day of January, 1998.

OUTAGAMIE COUNTY CIRCUIT COURT RULE REGARDING TRAFFIC FORFEITURES AND ORDINANCE VIOLATIONS

The following procedure is adopted:

Upon conviction, the clerk of courts office shall mail to the last known address of the defendant either a Default Judgment or a Judgment of Conviction and Reminder Notice, whichever is applicable. The Default Judgment and Reminder Notice shall state the date the assessment is due and the failure to pay enforcement actions that may be taken if the assessment is not paid in full by the due date. Failure to pay enforcement actions authorized by Wisconsin State Statutes include but are not limited to: driver’s license suspension, issuance of a civil judgment, tax refund intercept, income assignment, and referral to a collection agency. If the defendant fails to pay the assessment in full by the due date listed on the Default Judgment or Judgment of Conviction, the clerk of courts office may impose any or all of the failure to pay enforcement actions.

Dated, approved and effective this 2nd day of February, 2009.

OUTAGAMIE COUNTY COURT RULE ON CONSOLIDATION OF CASES

Criminal/Ordinance Consolidation.  When criminal (felony, misdemeanor or traffic) and ordinances cases are pending in more than one branch, then proposed consolidation for plea and sentencing shall be directed to the Court with the first filed case.

If there are two or more cases pending in separate courts, which were filed on the same date, then priority for assignment will be based on alphabetical order, according to case type; i.e., CF, CM, CT etc.  

Proposed Order for consolidation shall disclose that consolidation is for purposes of plea and sentencing or for trial.   Said Order must be submitted to and considered first by the Court with the first filed case.   Generally, an Order for Consolidation signed by all Courts involved shall be signed prior to taking of a consolidated plea.

In the event the subject cases are not resolved by plea, then the cases shall be returned to the original trial Courts for trial.   Hearing is not required for consolidation for purposes of plea and sentencing.

If proposed consolidation is for trial purposes, then the motion shall be filed in all affected Courts, but shall be heard in the Court with the first filed case.    Consolidation, if any, shall be in the Court with the first filed case.   If, however, a misdemeanor is consolidated with a felony for trial purposes (not for plea and sentencing), then the trial shall be in the Court with the first filed felony under §971.12(1) Wis. Stats.

Civil Case Consolidation.    Petition and proposed Orders to consolidate pending civil actions under §805.05 Wis. Stats, shall provide for consolidation to the Court with the first filed case.

Dated this 8th day of  September,  2009.

OUTAGAMIE COUNTY COURT RULE REGARDING Joinder of Parties - Criminal

The following procedure is adopted:

Sec. 971.12(2) allows joinder of multiple defendants by charging the defendants in the same complaint, information or indictment.   Where multiple defendants are so joined, the joined case shall be assigned to a single Circuit Court.    Separate and consecutive case numbers shall be assigned by the Clerk to each joined defendant.  The first numbered defendant shall be assigned randomly in the usual fashion.   The consecutive defendants shall be assigned to the same Court.  Parties shall utilize case numbers for all parties on any filing in a joined case and the caption on any filing shall identify all parties.

No scheduling of proceedings for separate parties in a multi-defendant case shall occur unless ordered by the assigned Circuit Court.  Notice of any proceedings in a joined case shall be made to all joined parties or their counsel.   Joined defendants shall remain joined for preliminary hearing(s), motion hearings and trial purposes subject to severance orders issued by the Circuit Court.

Approved:                    2/25/09                   .

ORDER ON TRAFFIC AND FORFEITURE DEFAULT JUDGMENTS

IT IS ORDERED that when a defendant does not appear on the traffic return date or fails to request a timely refusal hearing, the defendant will be found guilty by default and the Clerk of Court is hereby ordered to render and enter judgment.  The Clerk of Court shall inform the defendant of the Court’s finding of guilt and of the penalties imposed.

Dated at Appleton, Wisconsin this 3rd day of   August,  2009.

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SECTION 4: COURT COMMISSIONER RULES

I. CRIMINAL COURT RULES
  1. Personal appearances are required by the defendant, prosecutor, and defense attorney on Felony matters at the Initial Appearance. However, a defense attorney may file a written Authorization to Act within 10 days of the Initial Appearance date by request on misdemeanor matters.
  2. Attorneys may appear in writing at the Initial Appearance on all non-traffic Criminal Misdemeanor cases scheduled by Summons, upon filing in advance of the appearance date, a written plea of not guilty; a written Authorization to Act; and a written Notice of Retainer or Order of Appointment. Filings comprising the written appearance must be received in the Clerk of Court’s office 5 business days prior to the initial appearance. At the Initial Appearance, upon filing of the trial request; notice of jury conference or status conference and trial dates will be provided to counsel for the defendant and to the State. Personal appearances will be required of all defendants not represented by counsel.
  3. Statutory time periods will be followed unless special exception is granted in advance.
  4. Persons arrested on a body only warrant over the weekend will have their case taken up at 8:45 a.m. Monday morning. If they are booked in after 12:00 p.m. the case will be taken up the following day. All other in custodies will be heard at 3:30 p.m. Monday through Friday. Persons booked into jail after 12:00 p.m. may first appear in court on the next business day following arrest at 3:30 p.m. for the setting of bail if they have not posted pursuant to the normal bond schedule at the jail. Same day initial appearances will be provided for all persons booked into jail before 12:00 p.m.
  5. Written bond forms will be given to the defendant and to the person posting bail if bail is required. Following the posting of bail an initial appearance date shall be scheduled before the Court Commissioner within 14 days from the date of posting. The arrested person must be given the court date before he/she is released. Cash bail will be returned to the person posting after fines, forfeitures and costs have been deducted.
  6. All scheduling by the Court Commissioner or his staff will be done pursuant to the guidelines established by Circuit Court Judges. Deviations or continuances must be arranged through the assigned Judge.
  7. Initial appearances by summons will be scheduled by the District Attorney’s Office on Tuesday’s at 1:00 p.m. and 1:30 p.m., Thursday at 1:00 p.m. and 1:30 p.m.
  8. Audio/visual appearances may be permitted under certain circumstances upon request in advance and with the permission of the Court.
  9. Changes in dates by telephone will only be allowed in emergency cases. Documentation of the emergency may be required by the Court Commissioner.
  10. Modification of bail hearings will be scheduled in the normal course of business upon written request.
  11. Parties represented by an Attorney may request continuances in misdemeanor cases with prior written approval. Felony matters with representation by an Attorney may be rescheduled with the agreement of the District Attorneys Office. All requests for continuances must be in written form.
  12. Felony cases will be scheduled for preliminary hearing within 10 days where a cash bond over $500.00 is required and 20 days where a cash bail under $500.00 or a signature bond has been authorized. Rescheduling will be done only if the time has been waived or will be waived within the 10 or 20 day time period. This must be done on the record by all parties.
II. JUVENILE COURT RULES
  1. All juvenile delinquency and chips petitions shall have initial appearances and status conferences before the Court Commissioner on Tuesdays between 9:00 a.m. and noon.
  2. Personal appearances are required by the juvenile, prosecutor and defense attorney on juvenile delinquency matters.
  3. Changes in dates by telephone will only be allowed in emergency cases. Documentation of the emergency may be required by the Court Commissioner.
  4. All requests for juvenile detention hearings needed that day must be made by 10:30 a.m. by calling the Court Commissioner’s Judicial Assistant and notifying the District Attorney and the State Public Defender Office of the date and time of the hearing.
  5. All detention hearings will be scheduled at 3:00 p.m. Monday through Friday.
  6. Juvenile detention hearings shall be scheduled within the first working day following the detention.
III. ORDINANCE COURT RULES
  1. If a person cannot attend the initial appearance date that is reflected on the citation a person may file a written request to have the case rescheduled. That request must be filed in written form before the initial appearance.
  2. If you enter a plea of guilty or no contest a forfeiture of money shall be ordered.
  3. If a plea of not guilty is entered with a request for a trial the trial will be scheduled before the court unless there is a demand for a jury trial. If there is a demand for a jury trial the fee for a six person jury is $36.00 which must be posted within 10 days of the initial appearance. The jury fee is non refundable and not applicable to any fine received.
  4. There may also be a request for a pre-trial conference with the prosecuting attorney prior to a court trial. Pre trials seldom result in a dismissal of charges, but frequently a compromise is reached.
  5. Stipulations must be filed on or before the scheduled time to review the stipulation or personal appearances are required. Failure to file stipulations or failure to appear will result in a default judgment, dismissal or warrant as appropriate. The defense attorney is responsible for the stipulation to be filed with represented defendants and the prosecution is responsible to file stipulations with non-represented defendants.
  6. Personal appearances are required by the defendant or his/her attorney w/authorization. This includes the authorized employee in instances of corporate or business defendants. No appearances will be allowed by others, e.g. parents, spouses, or friends. The defendant is allowed one continuance in these matters and that request must be in written form.
  7. If the citation is for underage drinking/alcohol and the defendant wishes to participate in the Juvenile Drinking Diversion Program a plea of guilty or no contest must be entered. A confirmation report must be filed with the court that the defendant has contacted the appropriate agency. The case will then be adjourned for 90 days for completion of the education/treatment program. Upon completion a compliance form must then be brought back on the continuance date if you want to have the benefit of a reduced fine and waiver of the driver’s license suspension under the Juvenile Drinking Diversion Program.
  8. Any fines, forfeitures, or costs imposed are due at the time of imposition unless the court provides for payment to be made within 30 days. Defendants requesting any type of payment plan are directed to contact the cashier at the Clerk of Court’s Office.
  9. Juveniles may request community service in lieu of payment of fines, forfeitures, or costs at a payment hearing with prior written notice to the Court.
  10. Alternative suspensions of drivers’ licenses for non-payment will be effective at 4:30 p.m. on the date payment is due.
IV. PROBATE COURT RULES
  1. The Court Commissioner shall follow all policies and procedures established by the Circuit Court.
  2. Probable cause hearings for mental or alcohol commitment, or protective placements shall be heard at the Justice Center before the Court Commissioner unless the person is medically unable to travel to the Court
  3. The petitioning party shall contact the Court Commissioner’s Judicial Assistant for scheduling purposes.
  4. Findings and Orders in Guardianships, Conservatorships and Mental commitments.
    1. Beginning with all cases of the above nature heard subsequent to the signing of this policy, all Findings and Orders consistent with court proceedings shall be presented to the respective court for signature no later than 14 days following said proceedings. Failure to comply with this policy will result in the issuance of an order to show cause, and/or imposition of such sanctions as the court deems appropriate.
  5. Watts Procedures (Hearing is Requested)
    1. GAL shall notify the Public Defender Office within 2 days of meeting with ward and an oral request for hearing is made.
    2. If the GAL has not received a response from the Public Defender Office within 7 days, he/she should follow-up, and if necessary, prepare the appropriate order appointing counsel. (The sooner counsel is appointed the better.)
    3. GAL should file report with the Register in Probate Office within 5 days of meeting with ward and provide a copy to the Corporation Counsel (only when a hearing is requested). Upon the appointment of Adversary Counsel, the GAL shall provide a copy of the Watts review to said Counsel.
    4. Within 7 days of the Corporation Counsel receiving the Gal Report, the Corporation Counsel shall file a written report regarding the issues in question with the Register in Probate Office and provide a copy to both Adversary Counsel and the GAL.
    5. Within 7 days of the GAL and Adversary Counsel receiving the Corporation Counsel’s written position, each shall respond in writing as to his/her position on the issues. The original is to be filed with the Register in Probate Office and a copy provided to the Corporation Counsel.
    6. Any request for removal of a Watts hearing from the calendar shall come from either Adversary Counsel or the appointed GAL.
  6. Watts Review (Effective October, 2001, when hearing is not requested)
    1. The Guardian ad Litem will have 30 days to conduct the review and file the Annual Report of the Guardian ad Listen with the Register in Probate Office.
    2. Watts review summary hearing will be scheduled by the Register in Probate at the time the Guardian ad Litem is appointed.
    3. The Guardian ad Litem will give notice to the ward and the guardian both in person and by phone of the scheduled hearing date.
    4. The Watts review summary hearings will be held on the 1st or 3rd Tuesday of the month with the Register in Probate.
    5. The GAL shall appear at the hearings, no other interested parties needs to appear unless they object to the continued protective placement.
    6. The Court will make the necessary determination and findings based upon the reports on file. The Court will then enter the Order for Continued Protective Placement based upon said findings.
VII. MISCELLANEOUS COURT RULES
  1. The Court Commissioner shall follow all policies and procedures established by the Family Court Commissioner on family court cases.
  2. Weddings may be scheduled by contacting the Court Commissioner’s Judicial Assistant.

Revised, dated and effective this 4th day of June, 2007.

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