Vernon County Circuit Court Rules
(Seventh Judicial District)
- Electronic Monitoring Program March 2002
- Removal of "No Contact" Bond Conditions March 1994
- Educational Program on the Effects of Divorce on Children July 1994
- Educational Group For Parents On The Effects Of Divorce On Children June 1994
- Pro Se Stipulated Divorces October 1993
- Small Claims Court (LCR/SC) June 2001
- Small Claims Service November 2006
Electronic Monitoring Program (EMP)
1. Purpose. These rules establish the circumstances under which persons in the custody of the sheriff may be considered for the electronic monitoring progran1 (EMP) administered by the sheriff s department. These rules do not apply to progran1S administered by the county human services department, the state department of corrections or other agencies.
2. Eligibility. (a) All persons sentenced to serve a jail sentence are eligible after serving 25% of the sentence, unless the court orders otherwise at the time of sentencing or thereafter. (b) The court may confer eligibility upon certain defendants who have not yet been convicted or sentenced. ( c) All other persons in the custody of the sheriff are not eligible unless ordered by the court.
3. Screening and supervision. The sheriff shall develop policies and procedures for screening and supervising all eligible persons. All persons released under the supervision of the sheriff shall be informed of the rules of supervision and the grounds for revocation.
4. Revocation. Eligibility is a privilege, not a right. Eligibility may be revoked without notice for failure to comply with the rules of supervision.
5. Hearings. Persons whose privileges are revoked or denied may request a court hearing. The only issues at such a hearing shall be whether the sheriff s department followed its own policies and procedures and whether the department abused its discretion.
Dated: March 15, 2002
Removal of "No Contact" Bond Conditions
1. A request to remove a "no contact" condition from a bond can only be made by a party to the action--i.e., the district attorney or the defendant.
2. The court will not schedule a hearing on any request to remove a "no contact" until a criminal complaint has been filed.
3. Requests to remove a "no contact" condition will be heard at the time of the initial appearance on the criminal complaint.
4. Requests made after the initial appearance must be submitted in the form of a written motion. When the "no contact" condition pertains to a the victim, the victim must appear in person and will be questioned by the court.
5. Victims or witnesses who contact the district attorney, another attorney or law enforcement agencies about the removal of "no contact" conditions should not be referred to the judge or clerk of court.
Explanation of Rule
A person who has been arrested as a result of a domestic abuse incident may be: (1) released outright; (Footnote 1) (2) conditionally released; (Footnote 2) (3) released after posting a cash bond; (Footnote 3) or (4) held pending an initial appearance before a judge or court commissioner to set conditions of release. (Footnote 4) The arresting officer makes the initial decision as to which alternative best fits the facts at hand.
Outright or conditional release may be inappropriate if it appears that the arrestee poses a risk of causing further harm to the victim; and many arrestees lack sufficient funds to post a cash bail. Arrests frequently occur at night or on weekends and the arrestee then faces the prospect of remaining in jail, pending an appearance before a judge or court commissioner.
To avoid the needless pretrial detention of persons who law enforcement officers feel can be released on a recognizance bond with conditions, the court adopted the following policy when Sec. 968.075 (Domestic abuse incidents; arrest and prosecution) was enacted: domestic abuse incident arrestees may be released on a recognizance bond with a "no contact" condition as to named victims and witnesses. These bonds set forth a future date and time for the arrestee to return to court for an initial appearance on such charges as the district attorney decides to file after reviewing the report(s) of the arresting officer(s).
In other cases--some of which do, and some of which do not involve a domestic abuse incident--arrestees are brought before the court for a bail-bond hearing before a criminal complaint has been filed and bonds are authorized which include a "no contact" condition as to victims and witnesses.
Initial appearances in all cases where an arrestee as been released on bond before charges have been filed are usually scheduled for the next regular criminal calendar. There have been frequent direct requests by victims and witnesses to lift "no contact" conditions in the interim.
Such direct requests are inappropriate. A victim or witness is not a party to a criminal case and has no legal standing. If the court entertains a direct request by a victim or witness to drop a "no contact" condition, it thereby perpetuates the false belief that victims and witnesses--rather than the district attorney--make the charging and prosecution decisions in criminal cases.
Furthermore, in some cases the interests of the public and the long-term best interests of a victim or witness require that the court continue a "no contact" condition, even against the wishes of the victim or witness. The court cannot make an informed decision as to whether a "no contact" condition should continue, until the district attorney has made a charging decision and a criminal complaint has been filed.
Dated: March 28, 1994
Footnotes
1 Sec. 968.08; See also, Preamble to
Forfeiture and Misdemeanor Bail Schedules.
2 Sec. 968.075(6).
3 See, Uniform Misdemeanor Bail Schedule.
4 Sec. 969.01.
Educational Program on the Effects of Divorce on Children
Section 767.115 of the Wisconsin Statutes provides that the court may order the parties to a divorce action involving a minor child to attend an educational program concerning the effects on a child of a dissolution of the marriage. The parties are responsible for the cost, if any, of attendance at the program.
At the request of the court, the Director of Family Court Counseling Services has developed a program which is outlined in the attachment. To implement this program the following rules are hereby adopted:
- It shall be the policy of the court to require participation in the program as a condition of the granting of a final judgment in all divorces involving a minor child.
- 2. The fee for the program shall be divided equally between the parties.
- The Director of Family Court Counseling Services shall provide a Certificate of Completion to the petitioner upon completion of the program and payment of the fees.
- In all cases scheduled for final hearing after September 1, 1994--whether contested, stipulated or by default--the Certificate shall be filed with the court by the time of the final hearing.
- All temporary orders shall include a provision providing for participation in the program.
- The Clerk of Court shall send a copy of these rules to counsel (or the parties in the case of pro se litigants) in all pending cases involving a minor child, and shall provide a copy to the petitioner when a new action is filed.
Dated: July 20, 1994
Educational Group For Parents On The Effects Of Divorce On Children
Sponsored By:
Douglas Mental Health Services - Family Court Counseling Program
Referral:
Participants are referred by the Judge, Family Court Commissioner, Human
Services Department, or voluntary self-referral.
Cost:
$50.00 per couple
Each party is responsible to pay the $25.00 fee in advance. (Provisions can be made for each party to attend separately).
Meeting Dates:
Family Court Counselor (David Innis, CICSW) will facilitate a group
every time the agency has 5-10 referrals. This would be a 2-hour evening
program. (This group could be held once per month).
Optional Follow-up:
An optional follow-up session for children whose parents are divorcing
will be held the following week from 6-7:00 p.m. on a weeknight. (There
will be no additional charge to those families who have already attended
the parents' group.)
Content:
The parents' group will include a videotape called Protecting Your
Child From The Pain Of Divorce, by George Pransky, Ph.D. This will
be followed by discussion (with an educational focus). Informational
hand-outs for adults and children (by age appropriate) will be provided
along with referral to appropriate resources available in the Vernon
County/Lacrosse area.
NOTE: Information disclosed by group participants cannot be admissible in any court action or proceeding.
Curriculum for the children's group will be a structure activity, (to be developed), plus sharing feelings.
Philosophy:
Divorce is a "major life event," not only for the parents but for the
children, (whether the families are traditional nuclear families or one
of the many other kinds of families that are now normal). This major
life event can be very traumatic for many family members, both
short-term and life-long. There are healthy and unhealthy ways to
recover from the stress of a divorce and to turn this negative life
event into an opportunity for positive changes. Parents and children
need support and education to cope in a positive way with divorce.
Emotional support can come from informal sources such as friends and
family; it can come from guidance by professional counselors, and from
the divorcing parents themselves. Families need to be informed of how to
gain the support that they need to minimize the harmful effects of
divorce on their children.
Dated: June 2, 1994
Pro Se Stipulated Divorces
In a divorce case where neither party is represented by an attorney (i.e., a pro se divorce) the final hearing will not be scheduled until:
- Each party has completed, signed and filed a standard form financial disclosure statement (each party may file a separate form or they may file a joint form);
- The parties have reached, signed and filed a marital settlement agreement which covers all the issues of the marriage, including child custody, placement and support, maintenance (alimony), division of property and allocation of debts; and
- The petitioner files proposed Findings of Fact, Conclusions of Law and Judgment of Divorce.
At the final hearing both parties must appear in person, or the petitioner must appear and file proof that the respondent was timely served with an Order for Appearance.
Dated: October 7, 1993
Local Court Rules: Small Claims Court (LCR/SC)
LCR/SC-1. Purpose. Small claims court, as established by Chapter 799 of the Wisconsin Statutes, provides a forum for parties to resolve certain disputes expeditiously under simplified rules of evidence and procedure. Virtually all small claims cases should be resolved within 60 days of filing and with no more than two court appearances: the initial appearance on the return date and the trial, if necessary. To that end the following rules are adopted and any prior local rules in conflict with these rules are hereby repealed.
LCR/SC-2. Notices. The clerk shall provide written notice of these rules and all court appearances to all parties and counsel of record. All notices of court appearances, shall state clearly the date, time and location of the court appearance.
LCR/SC-3. Scheduling. Except for good cause shown, all cases will be called and heard and all scheduling will occur during the regular, monthly return date.
LCR/SC-4. Appearances. All parties necessary to resolution of the case and counsel of record must appear in person on the return date.
LCR/SC-5. Alternative Dispute Resolution. All contested cases will be referred to alternative dispute resolution (ADR). Volunteer mediators will be available at the courthouse on the return date. Failure to participate in ADR in good faith will result in a dismissal or a default judgment.
LCR/SC-6. Written Answer. If the case is not resolved by ADR, the defendant shall file a written answer with the clerk and mail a copy to the plaintiff within 10 days of the return date. Failure to comply will result in a default judgment on motion by the plaintiff.
LCR/SC- 7. Trials. On the return date all contested cases will be given a firm date for trial.
LCR/SC-8. Motions. A motion is a request for a court order. Pretrial motions may be made orally on the return date. All other motions must be submitted in writing and will be reviewed by the court prior to scheduling any hearing on the motion. The court may in its discretion decide a motion without requiring a written response or scheduling a hearing.
LCR/SC-9. Contempt. Post judgment contempt actions alleging failure to complete a financial disclosure statement must be supported by affidavit and must be personally served.
LCR/SC-10. Failure to Appear. Tardiness (failure to be present in the courtroom set forth in the notice when the case is called) or failure to have all necessary parties present on the return date are considered failures to appear and will result in a default judgment or a dismissal.
Dated: June 13, 2001
Small Claims Service
Mail service of small claims pleadings, except eviction and replevin actions, has long been an accepted and approved procedure in Vernon County, in lieu of personal or substituted service. This will affirm the procedures as provided by small claims statutory authority and specificially allow service by mail, except for eviction and replevin actions, pursuant to Section 799.12 (2) and (3) of the Wisconsin Statutes.
Dated: November 28, 2006
