State Bar of Wisconsin

Milwaukee County
Circuit Court Rules
(First Judicial District)

PART 5. RULES FOR THE FAMILY DIVISION

I. DIVISION OF WORK

501. RESPONSIBILITY

The Family Division is responsible for all actions under Chapter 767 of the Wisconsin Statutes, as well as portions of Chapter 813.

502. FILING OF CASES

All Family Division cases shall be initially filed in the Clerk of Court's office prior to service on the Family Court Commissioner.

503. ASSIGNMENT OF CASES.

1. The Clerk of Court shall provide random tab systems, as described below, for assignment of actions included in Rule 501 and shall, upon assignment of a case, place the case number and assigned judge's name or designation on the case jacket and on all authenticated copies of pleadings filed. All such pleadings shall be file stamped.
   1. All actions under Rule 501, except actions to determine paternity under Sec. 767.02, Wis. Stats., shall be assigned to judges of the Family Division by one random tab system.
   2. Actions to determine paternity shall be assigned to judges of the Family Division by a random tab system separate from that established under sub. 1 above.
   3. In all objections to moves out of state pursuant to Sec. 767.327, Wis. Stats., the formal objection to the move and the attendant order to show cause to change placement shall be filed with the tab judge. The tab judge will then refer the parties to mediation on an expedited basis.
   4. All other post-judgment motions, brought more than six (6) months after the granting of the divorce, shall be scheduled for hearing before the Family Court Commissioner in the following cases:
      1. Motions to revise a judgment under Sec. 767.32, Wis. Stats.
      2. Enforcement of judgment proceedings.
      3. Proceedings related to custody and visitation. All post-judgment motions requesting a change in custody or physical placement status shall be returned initially before the judge who tried the case, or his/her successor, to determine whether the case should be heard by the Court or the Family Court Commissioner. An initial status conference shall be held by the judge within thirty (30) days of the time the motion is filed. If the Court determines that genuine issues exist, it shall keep the case and not return same to the Family Court Commissioner. The following form shall be used to give notice of the status conference: NOTICE OF STATUS CONFERENCE AND NOTICE TO APPEAR 30 KB
         This notice shall be personally served upon the opposing party no less than seven (7) days before the status conference.
   5. All other post-judgment actions, including actions for enforcement, brought six (6) months or less after the granting of the divorce shall be scheduled for hearing before the judge who granted the judgment or his/her successor. After six (6) months, said motions are assigned to the Family Court Commissioner.
   6. Paternity actions bearing the prefix "XR" shall be retabbed to a Family Division judge upon the filing of any post-judgment motion, including child abuse injunction petitions under Chapter 813, Wisconsin Statutes.
   7. Child abuse injunctions. Where the parties to the child abuse injunction petition are the same as the parties in the underlying Chapter 767 action, the injunction hearing shall be assigned to the judge assigned to the underlying Chapter 767 action.
   8. All other post-judgment motions, brought more than six (6) months after the granting of divorce, shall be scheduled for hearing before the Family Court Commissioner in the following cases:
      1. Motions to revise a judgment under Sec. 767.32, Wis. Stats.
      2. Enforcement of judgment proceedings.

504. REASSIGNMENT OF CASES

1. Cases may be reassigned by the presiding judge of the division, in the exercise of his/her discretion, where proper administration of the division requires such action.
2. Requests for substitution of a judge shall be filed with the deputy clerk assigned to the judge sought to be substituted. If timely filed and in proper form, the deputy clerk shall, within seven (7) days of receipt of the request for substitution, fill out the form provided for the signature of the judge against whom the substitution is filed, and after said judge has signed it, forward it to the Chief Judge for approval. Upon approval, the Chief Judge shall forward it to the calendar clerk for reassignment.
3. Upon recusal of a judge under Sec. 757.19, Wis. Stats., and after approval by the Chief Judge, the case shall be forwarded by the Chief Judge to the calendar clerk for reassignment.
4. Upon reassignment under any of the above subsections, the calendar clerk shall notify the parties' attorneys, or the parties if no attorney appears of record.
5. Where activity is revived in cases with file numbers preceding case #504-541, the Clerk of Court shall assign a tab as provided in Rule 503.

505. FAMILY COURT COMMISSIONER - DUTIES

1. The Family Court Commissioner, and assistant commissioners subject to the provisions of Sec. 767.13(2) Wis. Stats., shall have the following duties and such other duties as may be assigned by the Chief Judge after consultation with the presiding judge of the Family Division:
   1. Divorce actions.
      1. Hear motions for temporary relief under Sec. 767.23, Wis. Stats., make findings, and issue orders as required.
      2. Hear enforcement proceedings relating to custody, periods of physical placement, child support, maintenance, family support, property division, attorney fees, and visitation, and issue orders as required. Upon making a finding as to non-compliance, certify to assigned judge for contempt.
      3. Hear motions for revision of judgments and issue orders as required.
   2. URESA Actions
      Hear Uniform Reciprocal Enforcement proceedings, make findings and issue appropriate orders.
   3. Paternity Actions
      1. Take all first appearances under Sec. 767.457, Wis. Stats., and schedule pretrial hearings.
      2. Conduct all pretrial hearings and make findings and recommendations as required by Sec. 767.46, Wis. Stats.
         1. If all parties accept the recommendations made pursuant to sub. b. above, said acceptance shall be placed on the record, and a judgment shall be prepared by petitioner's counsel for the approval and signature of opposing counsel and signature of the family court commissioner hearing the case, and the judgment entered accordingly.
         2. If any party or guardian-ad-litem refuses to accept any final recommendation by said court commissioner under sub. b., said court commissioner shall make all necessary pre-trial orders consistent with a denial of paternity and shall order the parties to forthwith go to the deputy clerk of the assigned judge for the purpose of scheduling a date for a trial of any contested issue.
      3. Conduct hearings for enforcement of child support, custody, periods of physical placement, credit bureau reporting objections and tax intercept orders; make findings and issue orders as required; and, where appropriate, certify an offending party to the assigned judge for a contempt hearing.
      4. Conduct hearings for change of custody, modification of periods of physical placement, child support, birth expense, and other monetary provisions of the judgment and make findings and issue orders as required. Moving counsel shall prepare an amendment or modification of judgment based thereon, and forward same to opposing counsel and to the court commissioner hearing the case for signature.
   4. Domestic Abuse Temporary Restraining Orders and Injunctions.
   5. Applications for Child Abuse Temporary Restraining Orders in actions where there is an underlying Chapter 767 action where the parties to the child abuse application are the same parties as in the underlying Chapter 767 action.
2. Upon waiver by written stipulation between the parties and guardian-ad- litem of their right to a new hearing under Sec. 767.13(6), Wis. Stats., the Family Court Commissioner may order any post-judgment proceedings to be on the record. The District Court Administrator shall provide an official court reporter upon twenty-four (24) hours notice for such hearings. Any review hearing by the Circuit Court shall be upon the record and shall not be an evidentiary hearing.

506. GUARDIAN-AD-LITEM

1. Actions Other Than Paternity Actions.
   1. If an issue as to the competency of a party or paternity of a child presumed to be the issue of a marriage is raised, or there is a substantial issue of custody or visitation, the judge or family court commissioner hearing the matter shall direct one of the attorneys of record to petition the court for the appointment of a guardian(s)-ad- litem. If there is no attorney of record, the Family Court Commissioner's office or the assigned judge's deputy clerk shall prepare the petition.
   2. A petition for the appointment of a guardian-ad-litem shall be submitted in writing under the five (5) day rule (See Rule 323(B). If there is no objection raised, a guardian-ad-litem shall be appointed. If there is an objection, the Court shall schedule a hearing on said issue.
   3. The Court may order either or both parties to make reasonable deposits for fees to the appointed guardian-ad-litem. The party raising the issue, unless otherwise ordered by the Court, shall be required to make a reasonable pre-payment directly to the appointed guardian-ad-litem, upon acceptance of the appointment, for deposit into his/her trust account, subject to further Court order.
   4. If the party raising the issue is found not to have the present ability to pay said deposit by the judge, the Legal Aid Society of Milwaukee, Inc. shall be appointed as guardian-ad-litem at county expense. If the Legal Aid Society is unable or unwilling to accept any appointment, a member of the private bar shall be appointed with compensation by the county, as provided in the Supreme Court Rules governing the rates of pay for such appointment.
   5. Any order or judgment resulting from the proceedings requiring the appointment of a guardian-ad-litem shall include a provision for the payment of the guardian-ad-litem fees, including complete or partial repayment to the county where appropriate. The Milwaukee County Corporation Counsel shall be served by the preparer with a copy of any order or judgment which includes a provision for repayment to the county.
   6. Additional rules may be added regarding payment for guardians-ad-litem. No guardian-ad-litem shall require the parties or their attorneys to agree orally or in writing to an hourly rate for the guardian-ad-litem's work. All hourly rates shall be approved by the Court.
2. Paternity Actions.
   1. The Court, upon petition as required by Sec. 767.475(1), Wis. Stats., may appoint a guardian-ad-litem for the child, and shall appoint a guardian-ad-litem for a minor parent, unless the party is represented by an attorney.
   2. If the party requiring the guardian-ad-litem is found to be indigent by the judge or court commissioner hearing the matter, the Legal Aid Society of Milwaukee, Inc. shall be appointed at county expense. If the Legal Aid Society is unable or unwilling to accept any appointment, a member of the private bar shall be appointed with compensation by the county, as provided in the Supreme Court Rules governing such appointments.
   3. Any order or judgment resulting from the proceedings requiring the appointment of a guardian-ad-litem shall include a provision for the payment of the guardian-ad-litem fees, including complete or partial repayment to the county where appropriate. The Milwaukee County Corporation Counsel shall be served by the preparer with a copy of any order or judgment which includes a provision for repayment to the county.
3. Qualifications - Selection.
   1. The presiding judge shall, after consultation with other judges assigned to the division, prepare and maintain a list of attorneys willing to accept guardian-ad-litem appointments. Copies of the list shall be regularly updated and supplied to the judges of the division.
   2. It is recommended that the judges of this division appoint attorneys from the aforementioned list.
   3. Discharge and Reappointment. The guardian-ad-litem's appointment shall continue until the guardian-ad-litem is discharged by the Court. In the event of post-judgment proceedings, the Court shall reappoint the trial guardian-ad-litem.

507. EXPERT TESTIMONY ON BEHALF OF MINOR IN CUSTODY, PLACEMENT AND VISITATION MATTERS.

1. Selection of Experts by Guardian-ad-Litem.
   Whenever a guardian-ad-litem in any family division case considers it necessary to obtain the assistance of an expert or experts to assist in his/her preparation of his or her ward, he/she shall attempt to obtain a stipulation from the parties as to payment of, and cooperation with, the expert. If unsuccessful in obtaining a stipulation, or if either party has the present inability to pay, he/she shall bring a motion before the assigned judge to resolve the matter.
2. Payment of Experts in Cases Involving Present Inability to Pay.
   1. Any order or judgment arising out of a case requiring expert evaluation and testimony to assist the guardian-ad-litem, where the responsible party has present inability to pay, shall include a provision for payment of such experts by the county and complete or partial repayment to the county by either or both parties, where appropriate, after a hearing as provided in Sub. A., above.
   2. Before any order or judgment is made in these cases, the Court shall conduct a hearing and make findings of fact as follows:
      1. The present inability to pay of the responsible party or parties.
      2. The reasonableness of the expert's hourly rate.
      3. The necessity for the time spent in evaluation and preparation of any reports and testimony.
      4. The apportionment of the fee.
   3. The Milwaukee County Corporation Counsel shall be served with a copy of any order or judgment which includes a provision for repayment to the county.
3. Nothing in this rule shall preclude the Court from appointing its own expert, or a party from exercising his or her own rights under discovery statutes.

II. CATEGORIES OF CASES AND PROCEDURE

508. UNCONTESTED DIVORCE, LEGAL SEPARATION, OR ANNULMENT

1. A case in which no responsive pleading has been served is defined as a default.
2. No action shall be set for a default hearing unless:
   1. A copy of the summons and petition have been served on the Family Court Commissioner.
   2. The certificate of compliance with statutory requirements is filed with the deputy clerk of the assigned judge.

509. STATISTICS FORM REQUIRED

An original State of Wisconsin "Original Certificate of Divorce or Annulment" form is obtained from the deputy clerk in the assigned Court. This form must be completed and presented to the deputy clerk before the final hearing in every case.

510. ORDER FOR DEFAULTING PARTIES' APPEARANCE

Unless non-residence in the state is shown by competent evidence, or service is by publication, the Court shall, for other good cause, otherwise order, both parties to appear upon the trial. An order of the Court to that effect shall be procured by the moving party and shall be served before trial. The order for appearance may include an order to bring an up-to-date financial disclosure statement, wage statements for the twelve weeks preceding the hearing, and copies of income tax returns for two years preceding the hearing.

511. UNCONTESTED CASES

1. A case in which the parties have resolved all issues is defined as an "uncontested case".
2. Before requesting a trial date in uncontested cases, there must be on file with the Court a certificate of compliance with statutory requirements.
3. Stipulations - Agreements. All stipulations affecting maintenance, support, or division of property shall set forth the supporting facts necessary for judicial approval, such as the earnings of the respective parties and any other facts material to approval, or same shall be reflected in the final financial disclosure statement. The stipulation shall also include a statement as to whether either party is receiving or has received public assistance and the amount of arrearages of maintenance or support, if any.

512. CONTESTED CASES

1. A contested case is one in which there is any contested issue.
2. After a certificate of compliance with statutory requirements has been filed with the deputy clerk, the Court may order, or either party may request, a date for a pretrial or scheduling conference.
3. Scheduling conferences may be held over the telephone.
4. All parties not represented by legal counsel and all attorneys on the case shall appear at the pretrial or scheduling conference.
5. At the pretrial conference, the Court shall attempt to narrow or resolve disputed issues. If no resolution is reached, the judge shall set a trial date and issue any appropriate pretrial orders. If all issues are resolved at the conference and the parties have a written agreement and up-to-date financial disclosure statements, the Court, if time is available, may proceed to hearing the case and grant judgment or set a date for an uncontested trial.

513. NOTICE TO PUBLIC ASSISTANCE AGENCY

Whenever a child or children of the family are receiving financial aid, pursuant to Sec. 49.19, Wis. Stats., the Office of Child Support Enforcement of Milwaukee County shall receive timely notice of every pleading, proceeding, or proposed stipulation. Said public agency, as a real party in interest, may appear at any such hearing and shall appear when directed by the Court.

514. FINANCIAL DATA

1. Financial data shall be furnished as provided in Sec. 767.27, Wis. Stats., on disclosure forms in substantial conformity with the form attached to these Rules.
2. Attached to the foregoing, there shall be copies of income tax returns for the past two (2) years and wage statements from respective employers for the past twelve (12) weeks.

515. SERVICE ON FAMILY COURT COMMISSIONER

No action shall be set for trial or heard unless there has been prior service on the Family Court Commissioner of the summons and petition.

516. FINDINGS, CONCLUSIONS, AND JUDGMENTS

1. Form. Unless otherwise indicated by the judge, the petitioner's counsel, or petitioner if appearing without legal counsel, shall prepare findings of fact, conclusions of law and judgment.
2. Contents. In addition to matters called for by statute, the following shall be included in the findings or conclusions of law, to-wit:
   1. If maintenance is held open, the provisions shall read substantially as follows: "Maintenance for the petitioner/respondent is held open for these reasons (state reasons)";
   2. Indicate in support order the number of minor children for whom it is made;
   3. A finding of the amount or arrearages due, with directions for payment;
   4. Specific facts to support a "best interest" determination if a custody issue was contested;
   5. A quotation of Sec. 767.327, Wis. Stats.;
   6. A quotation of that portion of Sec. 767.25(6) and/or Sec. 767.261 setting forth the interest due on the amount of the obligation which remains unpaid.
   7. Designation of life insurance policies by face amount, carrier, policy number and owner;
   8. A statement that the Court approves the marital settlement agreement; and copy of the marital settlement agreement must be attached;
   9. Legal description of any real estate affected by the judgment; and
   10. The name and birth date of any child born during the marriage but found not to be the child of the husband.

517. APPROVAL OF FORM

1. Before presenting findings, conclusions of law and judgment to the Court for signature in contested and uncontested cases, they shall be submitted to the opposing counsel, if there is one, or an unrepresented party for examination. If they are in conformity with the directions of the Court and these rules, approval as to form shall be endorsed thereon and returned to counsel forthwith. If the Court so directs at the conclusion of the trial, approval may be accomplished under the five (5) day rule  (See Rule 323-B).
2. In the case of defaults, approval is unnecessary.
3. Time of Filing. The findings of fact, conclusions of law, and judgment shall be submitted to the Court and filed with the clerk within thirty (30) days of the granting of a judgment or, in the case of a contested trial, within thirty (30) days of the preparation of the transcript of trial and/or decision of the Court. In the event the findings are not filed and entered within sixty (60) days of the granting of judgment, unless cause is shown, the deputy clerk of the assigned Court shall notify the delinquent attorney or pro se party, by phone or in writing, of the failure to comply. If compliance is not obtained forthwith, an order to show cause shall be served personally on the delinquent attorney or party as to why they should not be held in contempt. Costs and disbursements, including the cost of service, may be assessed against the delinquent party.
4. Children Born Out of Wedlock. Whenever a judgment determines a child born during the marriage is not a child of the husband, counsel shall prepare and file an extra copy of the findings, conclusions of law and judgment for each such child and pay the fee required by the Clerk of Court for each copy. (See Sec. 891.39(3); Sec. 69.336; Sec. 69.24, Wis. Stats.)

III. PROCEEDINGS BEFORE THE FAMILY COURT COMMISSIONER

518. MOTIONS FOR TEMPORARY RELIEF

1. All motions for temporary relief under Sec. 767.23, Wis. Stats., shall be returnable before the Family Court Commissioner.
2. Both parties shall appear personally unless excused by the court commissioner hearing said matter. If the responding party fails to appear, the court commissioner hearing the matter, upon proof of service, may issue a capias, impose costs, grant the relief requested, or make such other orders as may be appropriate under the circumstances. If the petitioning party fails to appear, the court commissioner hearing the matter may impose costs and/or other appropriate relief or make such other orders as may be appropriate under the circumstances.
3. Presentation of Financial Information.
   1. Financial data shall be furnished as provided in Sec. 767.27, Wis. Stats., on disclosure forms in substantial conformity with the form attached to these Rules. Attached to the foregoing, there shall be copies of income tax returns for the past two (2) years and wage statements from respective employers for the past twelve (12) weeks.
   2. Movant shall attach an appropriate blank set of forms to the moving papers or to an order for appearance, with instructions that they be completed prior to the hearing.
   3. The forms shall be filed in quadruplicate. The original shall be filed with the Court file, and copies shall be served upon the Family Court Commissioner and the opposing party or counsel. All copies shall be legible, complete, and typewritten, if possible. If there is insufficient space on the form, addenda may be attached, also in quadruplicate.
   4. Failure to provide the required financial information, as outlined above, may subject a party to sanctions.
4. Upon conclusion of a hearing for temporary relief, the court commissioner hearing said matter shall prepare a written order including the necessary supporting findings. The order shall either be given to the parties at the end of the hearing or mailed to the addresses provided within five (5) days of the hearing.
5. A temporary order may be based upon a written stipulation of the parties which shall include relevant facts upon which said stipulation is based. The income assignment shall include the identity and address of the employer and the frequency of payment to the employee.
6. The rules of evidence shall apply at such hearings. (See Sec. 911.01, Wis. Stats.)

519. REVISION OF JUDGMENTS

1. All motions for revision of judgments under Sec. 767.32, Wis. Stats., for changes in maintenance, child support and all other revisable orders, shall be returnable before the Family Court Commissioner if brought more than six (6) months after the granting of judgment. Motions for revision of custody and/or physical placement shall be governed by Rule 503(A)(4)(c).
2. If at issue, financial information shall be provided as in motions for temporary relief. [See Rule 518(C)(1)]
3. Hearings shall be by sworn testimony and documentary evidence, but shall not be reported unless authorized by the Family Court Commissioner or the presiding judge or pursuant to Rule 505(B). Pursuant to Sec.901.01, Wis. Stats., the rules of evidence shall apply at such hearings.
4. Based upon evidence presented at the hearing, the court commissioner hearing the matter shall make specific findings of fact, including:
   1. The substance of the provisions or order sought to be revised;
   2. The facts upon which the original provision or order was based;
   3. The present financial circumstances of the parties; and
   4. Other relevant facts.
5. The Family Court Commissioner's office shall enter in the "Family and Court History" or similar record, a summary of the findings, conclusions and orders of the court commissioner hearing the matter.
6. The original of the findings, conclusions and order shall be filed with the Court and copies shall be provided to the parties within five (5) days of the hearing. The Family Court Commissioner's office shall keep a copy for its files.
7. The written findings, conclusions, and orders described above shall constitute a revision of the judgment, unless a motion for review is filed.

520. REVISION OF JUDGMENTS BY STIPULATION

1. All stipulations requesting a modification or revision of judgment shall, after the appropriate fee for modification has been paid to the Clerk of Circuit Court, be presented to the Family Court Commissioner for consideration.
2. Before such stipulation is considered for implementation, sufficient information shall be provided, either in the body of such stipulation or on a form as provided by the Family Court Commissioner, so as to allow for specific findings of fact including:
   1. The substance of the provisions or order sought to be revised or modified;
   2. The date of and a summary of the findings on which the original provision or order was based; and
   3. The present circumstances, including any pertinent financial data such as gross and net earnings of each of the parties and the name and complete address of their employer and the employee's frequency of receipt of pay if an income assignment is to be ordered.
3. All such stipulations shall include, in appropriate form, the proposed order to be considered for implementation and shall provide for signature of the Family Court Commissioner. (The format may consist of the proposed findings and order together with a stipulation of the parties as to entry of same without further notice to the parties.)
4. The written stipulation, including all findings and information provided above, and the order attached thereto, when signed by the Family Court Commissioner, or his/her designee, shall constitute a revision of the judgment without further action or approval by the judge assigned to the case, except that such order may be reviewed de novo in accordance with rules of this district in the same fashion as Family Court Commissioner hearings.

521. ENFORCEMENT OF JUDGMENTS

1. All motions for enforcement brought more than six (6) months after granting of judgment or order, by contempt or otherwise, shall be returnable before the Family Court Commissioner.
2. The Family Court Commissioner may order wage assignments and make other orders necessary to enforce the judgment or order after making the necessary findings in the "Family and Court History" or similar record.
3. Referral to Assigned Judge of Alleged Contemner. Upon written finding that the party is in contempt of an order or orders, and that contempt proceedings are appropriate, the court commissioner hearing the matter shall order the party to proceed forthwith to the courtroom of the assigned judge for a hearing on the alleged contempt. The party shall be advised that his or her failure to appear in the designated Court may result in an order of arrest. Contemporaneously with the referral for contempt, said court commissioner shall provide the Court with a copy of the findings upon which the referral is based.

522. FIRST APPEARANCE IN PATERNITY ACTIONS

All paternity actions shall be returnable before the Family Court Commissioner, who shall follow the procedures set forth in Sec. 767.457, Wis. Stats.

523. PRETRIAL PATERNITY ACTIONS

1. All pretrial hearings shall be heard by the Family Court Commissioner as provided in Sec. 767.46, Wis. Stats.
2. The court commissioner hearing the matter shall, after the hearing, make the recommendations provided for in Sec. 767.46, Wis. Stats.
3. If all recommendations are accepted, they shall be placed on the record. Petitioner's counsel shall prepare the proposed judgment, forward it to opposing counsel for approval, and shall then forward it to the court commissioner hearing the matter for signature and filing with the Clerk of Court.
4. If any recommendation of the court commissioner hearing the matter is not accepted, that commissioner shall make all necessary pre-trial orders consistent with denial of paternity and the case shall be transferred to the assigned judge for the purpose of setting a date for trial of the disputed issue or issues.

524. REVIEW OF FAMILY COURT COMMISSIONER DECISIONS, ORDERS AND RULINGS

1. Either party or guardian-ad-litem has the right to move for review of any decision, order, or ruling of any court commissioner, with notice to the opposing party and guardian-ad-litem, provided that said motion is filed with the assigned judge within twelve (12) days of the date the written decision was signed. All decisions, orders, and rulings of court commissioners assigned to this division shall be prepared, dated and signed within five (5) days of the hearing date.
2. The motion for review shall include:
   1. The decision, order, or ruling for which a review is sought.
   2. Whether the hearing requested is a new evidentiary hearing or a hearing on the record.
   3. A current financial disclosure statement. (Not necessary in cases not involving money or where no new hearing is requested.)
3. The parties shall exchange any necessary financial information not less than five (5) days before the hearing on the review, unless such information has already been exchanged. Sanctions may be imposed by the Court for non-compliance.
4. A conformed copy of the motion shall be filed with the Family Court Commissioner upon obtaining a hearing date.

525. NOTICE OF RETAINER; SUBSTITUTION OF ATTORNEYS; LEAVE TO WITHDRAW

1. No attorney, other than the initial attorney for the petitioner, shall be allowed to take part in any proceedings without the filing of a notice of retainer, except upon leave of the Court.
2. Substitution of attorneys and leave to withdraw shall only be permitted upon written stipulation between attorney and client and approved by the Court, or upon motion. Any motion or stipulation shall include the date of trial, if it has been scheduled. No permission to withdraw may be granted within thirty (30) days of scheduled trial without a hearing before the Court.
3. Withdrawal of an attorney in actions where a party then proceeds without legal counsel shall be deemed a substitution of attorneys within the meaning of this rule and Sec. 767.23(3), Wis. Stats.

526. ORDERS TO SHOW CAUSE

1. Orders to Show Cause may be used instead of notices of motion where conduct of the opposing party is sought to be restrained, the opposing party is unrepresented, or the party served is sought to be cited for contempt, or for any other purpose allowed by statute.
2. The notice provisions of Sec. 801.15, Wis. Stats., shall apply to Orders to Show Cause.

527. SUSPENSION OF PROCEEDINGS

1. Filing. Stipulations and orders for suspension of proceedings shall be executed in duplicate upon forms provided by the Family Court Commissioner's office, or substantially equivalent forms. The stipulation and order shall be signed by the Family Court Commissioner and the assigned judge and each shall retain a copy of same. If AFDC has been received, or is being received by either party, a conformed copy of the order shall be served on the Office of Child Support Enforcement.
2. Extension. One extension may be permitted, but only upon application to the assigned court. Such application for extension shall have the written approval or objection of the Family Court Commissioner noted thereon prior to submission to the Court.
3. Termination. Upon application of either party and notice to the Family Court Commissioner's office, a stipulation for suspension shall be revoked by order of the Court. Upon such revocation or lapse of time, the action shall proceed unless a stipulation and order for dismissal is filed and signed by the Court.

528. DISMISSAL

1. Actions. Each judge periodically shall set a dismissal calendar for all actions assigned to such judge and not set for trial, and which are one year or older. If the action is not dismissed at the call of the calendar, counsel shall be directed to take certain action within a specified time. If such is not done within the prescribed time, the action shall be dismissed without further notice.
2. An order dismissing an action may only be vacated, in the discretion of the Court, upon a written stipulation between the parties or upon motion.

529. FIVE DAY RULE and EX PARTE RULE

The Family Division adopts the five (5) day rule as stated at Rule 323(B), and the ex parte rule as stated at Rule 362.

530. RULES: EXCLUSIVE TO FAMILY DIVISION

Unless specifically stated herein, the Rules for other divisions of the First Judicial District of the State of Wisconsin do not apply to the Family Division.

532. SELECTING AND APPOINTING FAMILY COURT COMMISSIONERS (EFFECTIVE 2/2/1999)

1. Applicable Statutes. Section 767.13(2)(a), Wis. Stats., provides:
   "In counties having a population of 500,000 or more, there is created in the classified civil service, the office of family court commissioner and such additional assistant family court commissioners as the county board shall determine and authorize, who shall be appointed from the membership of the bar residing in the county by the chief judge of the judicial administrative district under ss.63.01 to 63.17."
2. Certification List Process
   1. Announcement/Request for Names. A Certification Request is submitted to the Milwaukee County Department of Human Resources by the Chief Judge and Family Court Commissioner to initiate the process of obtaining a civil service certification list of persons eligible for appointment to the position in question. There are three distinct position descriptions and application requirements:
      • Family Court Commissioner
      • Deputy Family Court Commissioner
      • Assistant Family Court Commissioner(s)
      A new list of eligible persons shall be requested if one of the following exists:
      • There is not an existing list of eligible persons for the specific position.
      • The current list of eligible persons is more than two years old or is determined to be not sufficiently diverse.
      • The job description is in need of modification.
      • The Chief Judge determines that such a request is appropriate for any other reason.
      If the creation of a new list is requested, the Department of Human Resources and the Office of the Family Court Commissioner shall cooperate to insure that the position is advertised in the Milwaukee Journal-Sentinel, the Daily Reporter, in major newspapers serving minorities, in State Bar of Wisconsin new publications, the Milwaukee Bar Association newsletter, the Association of Women Lawyers newsletter, the Hispanic Lawyers Association newsletter, through Wisconsin Association of Minority Attorneys and through other appropriate communication sources. It shall be requested that the list remain open long enough to allow for dissemination through these organizations.
   2. Selection. Upon receipt of the certification list, it shall be reviewed by the judges of the Family Division, and, with the advice of the Presiding Judge and the Family Court commissioner, a list of persons to be interviewed shall be chosen. Among criteria to be considered in this selection are the 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 Family Court Commissioner 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 presiding Judge of the Family Division, the Family Court Commissioner and three other persons chosen by the Chief Judge and the Family Division Presiding Judge, keeping in mind that such persons should have a thorough knowledge of all aspects of the Family Court operations.
      (In the event the appointment is for the position of Family Court Commissioner, the incumbent Family Court Commissioner shall not be involved with the selection process unless requested to do so by the presiding Judge of the Family Division.)
      The interview panel shall conduct oral interviews with the applicants individually. The interview shall include, without limitation, questions concerning demeanor, knowledge of family law, knowledge and experience regarding methods of mediation and other forms of alternative dispute resolution, work habits and knowledge of the IV-D child support program. Upon completion of the interview, the panel shall forward the unranked names of three to five persons for consideration by the Chief Judge.
      At appropriate times during 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 the individuals appointed to the review and interview panels.
   3. 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.
      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.
   4. 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 Section 63.05(3), Wis. Stats., and the Rules of the Civil Service Commission.
   5. 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 Section 63.07, Wis. Stats.
3. 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 Section 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 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 of appointment shall be filed in the Office of the Clerk of Circuit Court.
4. 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.

Milwaukee County Circuit Court Rules