State Bar of Wisconsin

Milwaukee County
Circuit Court Rules
(First Judicial District)

PART 6. RULES FOR THE CHILDREN'S DIVISION

I. PRIMARY RESPONSIBILITY

601. DEFINITION

Children's division includes matters involving persons under 18, as provided by Chapter 48, Wis. Stats.

II. ASSIGNMENTS; SUBSTITUTION; DISQUALIFICATION

602. ASSIGNING ACTIONS

1. A tab system shall be maintained for all children's court matters. Each matter shall be assigned by lot to the tabbed judge.
2. Actions arising out of the same offense or same family shall be placed on the calendar as companion actions. They shall be heard together, unless otherwise directed by the court.
3. The judge of the probate division and their staffs, for the purpose of hearing and disposing of the following matters, are assigned to the children's division:
   1. The appointment and removal of a guardian of the person for a child, under Chapter 880, Wis. Stats., where the guardianship of the person is brought in conjunction with guardianship of the estate and there is no dispute as to custody.
   2. All proceedings in sub-chapter XIX Chapter 48, Adoption of Minors, Wis. Stats.
   3. All proceedings for termination of parental rights, under sub-chapter VIII, Wis. Stats., that are incidental to any of the proceedings under sub-chapter XIX.

604. SUBSTITUTION AND DISQUALIFICATION OF JUDGES

1. When a valid substitution or disqualification of judge is filed, the action shall be returned to the Clerk's office for the assignment of a new judge per the tab system.
2. When a judge disqualifies himself/herself, or a substitution is filed, all actions arising out of the same offense or same family shall be assigned to the newly tabbed court.

608. SUBSTITUTION OR DISQUALIFICATION OF JUDGE

When an action is assigned to a different branch of the court because of a substitution or disqualification of a judge, that court shall assign a like matter to the original court. A minute entry of each reassignment shall be made.

III. MOTIONS AND PAPERS; FILING; WITHDRAWAL; DEPOSITIONS

610. FILING OF PAPERS

All papers filed with the Clerk of Court shall be complete and contain the court number.

612. FILING OF MOTIONS

1. All motions shall be filed with the respective court clerks, who shall forward the date and time of the court appearance to the Clerk of Court's office.
2. The persons filing motions with the court shall notify all interested parties, to-wit: attorneys, social workers (probation officers), witnesses, and others interested.

614. PRIVATE ATTORNEYS - FILING

All papers filed by private attorneys shall contain their name, address, and telephone number.

616. WITHDRAWAL OF PLEADINGS

No file, or any paper therein, shall be withdrawn from the Clerk of Court's office for use outside the Children's Court Center by any person, except upon order of the court.

618. DEPOSITIONS

Except as otherwise provided by court order, all depositions and adverse examinations shall be filed in a sealed container with the clerk before commencement of trial.

620. PRIVATE ATTORNEYS - RETAINER NOTICE

All private attorneys shall file a notice of retainer.

622. 30-DAY RULE

Upon the oral granting of a dispositional order, the attorney for the petitioning/prevailing party shall submit to the assigned judge a proposed written order for approval, signature, and entry. The proposed order shall be submitted within thirty (30) days of the dispositional hearing under the provisions of the five (5) day rule.

IV. REMOVAL OF ACTIONS; CONTINUANCES

624. RECALENDARING AND DISPOSITIONS

1. Calendared matters shall be recalendared or disposed of only by the court.
2. Continuances shall be granted only by the court. The person asking for the continuance shall notify all interested parties, to-wit: attorneys, social workers (probations officers), witnesses, and others interested.

626. CONTINUANCES FOR CAUSE

No matter shall be continued unless cause is shown.

628. CONTINUANCES TO DAY CERTAIN

All continuances shall be to a day certain, not day-to-day.

V. DUTY JUDGE

630. DUTY JUDGE

1. The duty judge shall rotate among the six courts on a monthly basis, pursuant to a schedule prepared by the Presiding Judge with approval of the Chief Judge.
2. The duty judge shall handle the following matters:
   1. Review of full-time court commissioners' orders;
   2. Consent to marry;
   3. Appeals under Sec. 115.81, Wis. Stats.; and
   4. Any emergency hearings and requests for temporary relief that cannot be handled by said commissioner.
3. In the event that the duty judge is not available, the judge who was the duty judge the month previous shall take the place of the duty judge.

VI. MISCELLANEOUS RULES

632. SUBSTITUTIONS OF ATTORNEY AND LEAVE TO WITHDRAW

A substitution of attorney shall be valid only upon court approval. When approved, the substituted attorney shall forthwith notify his/her client and file a copy of such notice.

634. REQUEST FOR JURY

The deputy court clerk shall file jury orders with the jury management office and shall inform said office forthwith of any cancellations.

636. BROKEN DOWN CONTESTS AND CASES TO BE DISMISSED OR WITHDRAWN

1. If all issues of a contested action are resolved by agreement between the parties prior to the scheduled trial, or if a petition is to be dismissed or withdrawn, the matter may be heard at an earlier date. Request for an earlier date shall be made to the assigned court.
2. The person requesting an earlier calendar date shall notify all parties, to-wit: attorneys, social workers (probation officers), witnesses, and others interested.

638. PRE-TRIALS

All counsel shall be present at the pre-trial conference at the date and time designated. Pretrials shall be continued to a day certain, not day-to-day.

640. MEDICAL AND GENETIC INFORMATION IN T.P.R. PROCEEDINGS

The medical and genetic information mandated by Sec. 48.422(9)(a) and (b) or 48.425(1)(a), Wis. Stats., shall be on file prior to conducting the fact-finding hearing on a petition for termination of parental rights.

642. CONSENT DECREES

No consent decree, absent exceptional circumstances, shall be approved by a judge or court commissioner until the probation officer assigned to the case indicates approval, or until the probation officer has been provided the opportunity to be heard by the judge or court commissioner as to any objections he/she may have to its approval.