State Bar of Wisconsin

Walworth County Circuit Court Rules

Revised 05/07

ADOPTION/AMENDMENT OF COURT RULES

1. These court rules shall be known as "Walworth County Circuit Court Rules".
2. These rules are intended to supersede all existing local court rules, written or oral. They are intended to supplement state statutes and Supreme Court Rules, and if in conflict therewith, shall be deemed void. These rules are not intended to be work rules.
3. These rules take effect on date of publication unless otherwise stated in court orders. They will be published and made available to the bar and public, and shall be binding and enforceable on contempt proceedings.
4. Amendment to these rules shall be made by consensus of all then sitting Walworth County judges, upon advice of the Walworth County Bar/Bench Committee.

• General Rules
• Civil
• Criminal
• Family/Divorce
• Juvenile
• Probate
• Small Claims
• Traffic
• Exhibit A - Traffic Court Information 14 KB
• Exhibit B - Guidelines for Obtaining Restitution Hearing 20 KB
• Lawyers Standard of Conduct Walworth Co. Bar Association 8 KB

Walworth County Circuit Court Rules - General

1. Appeals
2. Bar/Bench Committee
3. Benchmarks
4. Case Assignments
5. Court Commissioners
   Appointment
   Powers
   Compensation
   Conflict of Interest
   Family Court Commissioner
   Director of Family Counseling
6. Decorum
7. Filing
8. Guardians ad Litem
9. Decisions of Circuit Court Commissioners
10. Settlement
11. Motion Practice
12. Unified Budget
13. Victims/Witnesses
14. Facsimile and Email
15. Court Media Relations
16. Jury Service
17. Adjournments

General

1. APPEALS

Appeals/Transfers from Municipal Courts shall be assigned to a judge by tab system. Such appeals/transfers should be governed by statute and uniform procedure approved by the judges.

2. BAR/BENCH COMMITTEE

The Bar/Bench Committee is established to improve communication between the Bench and the Bar, and to develop and maintain written court rules so as to improve the administration of justice in Walworth County. One judge will be appointed to the Bar/Bench Committee and will serve for a period of two (2) years.

3. BENCHMARKS

The Walworth County Circuit Courts adopt the State of Wisconsin guidelines for the processing of all cases:

4. CASE ASSIGNMENTS

Assignment of Judges shall be made by the following case types:

1. Misdemeanor/traffic
   Ordinance
   Municipal Appeals
2. Probate
   Juvenile
   Family
   Municipal Appeals
   Preliminary Hearings (on alternating basis)
3. Civil
   Small Claims
   Municipal Appeals
   Preliminary Hearings (on alternating basis)
4. Felonies
   Municipal Appeals
   Daily bail settings
   Chapter 51 Proceedings

Assignment upon disqualification or substitution of judge shall be by a tab system among all judges. Assignment of municipal court appeals shall be by tab system also.

In the absence or unavailability of the judge assigned to a case, or in the event of calendar congestion, any available Walworth County Circuit Court judge may assist another branch of court.

Judge rotation will take place in August of odd years.

5. COURT COMMISSIONERS

Appointment

Each judge may appoint no more than two (2) court commissioners who shall serve at the pleasure of the judge who assigned them and the appointments will continue until terminated by either the current judge or the new judge.

Powers

On authority delegated by the judges, which may be by a standard order and with the approval of the Chief Judge of the 2nd Judicial Adm. District, a court commissioner appointed under § 757.68 may exercise all powers authorized by § 757.69, as amended.

Compensation

Part-time court commissioners shall be paid at a rate determined by the Courts, taking into consideration applicable Supreme Court Rules.

Conflict of Interest

Attorneys serving as court commissioners shall not be barred from practicing law in front of the judge who assigned them. However, attorneys so assigned shall forthwith inform, in writing/on the record, their client and the opposing attorney of their role as a commissioner. If there are any objections, the court may enter its disqualification and a new judge shall be assigned.

Family Court Commissioner

The Family Court Commissioner shall be appointed by a majority of Walworth County Judges, with the approval of the Chief Judge of the District. The Family Court Commissioner will be certified annually.

Director of Family Counseling

The Director of Family Counseling shall be appointed annually by a majority of the four(4)judges.

6. DECORUM - Applies not only to the Courts but also to Family Court Commissioner, Court Commissioners, and Clerk of Court when presiding in Small Claims Court.

1. Court may be formally opened each day upon which court business is transacted, either by the bailiff or clerk, unless the judge directs otherwise.
2. As the judge enters the courtroom, the bailiff or clerk may require all present to rise and stand. When the judge has ascended the bench, the bailiff or clerk may say: "Please be seated" or, in jury trial "Hear Ye! Hear Ye! The Circuit Court for the County of Walworth, Branch ___ is now open, silence is commanded." There upon all shall be seated and the business ensues.
3. In recessing, the judge may announce: "The court is now in recess. Trial will resume at _______ o'clock."
4. The national flag shall be displayed close to the bench on a stand to the right of the judge.
5. Lawyers shall not lean upon the bench nor engage the court in a manner depreciative of the dignity of the proceedings as viewed by the jury and public.
6. Unless otherwise permitted by the court, lawyers shall examine witnesses from a standing or seated position at counsel table except when handling exhibits. If a lectern is provided by the court, examination may be either from said position at counsel table or from the lectern. A lawyer shall not crowd a witness in examination.
7. Lawyers should not, in addressing the jury, crowd the jury box.
8. Lawyers, during trial, shall not exhibit familiarity with witnesses, jurors, or opposing counsel, and generally, use of first names shall be avoided. In jury arguments, no jurors shall be addressed individually or by name.
9. All lawyers and court officers shall wear appropriate attire while in attendance upon the court.
10. Witnesses shall be examined with courtesy and respect, and their good faith presumed until the contrary appears.
11. The administration of oaths to witnesses should be an impressive ceremony and not a mere formality.
12. In jury actions, which are disposed of without a jury verdict, the judge, in dismissing the jury, should briefly explain the procedure and why a verdict was unnecessary in a manner not to prejudice future service as jurors.
13. The judge shall wear a robe while presiding on the bench. Judicial discretion may be exercised otherwise in proper situations.
14. Weapons in court. A law enforcement officer, if in uniform, may wear sidearms in court when appearing as a witness. Officers providing security for the courts or transporting persons in custody may wear sidearms. All guns should be worn in secured holsters and whenever possible out of public view. Any law enforcement officer appearing for any non-department related matter will not be allowed to wear a firearm in the courtroom.
15. Attorneys shall be punctual for scheduled court appearances.
16. The Walworth County Bar Association Lawyers' Standard of Conduct is approved and adopted (see back cover).

7. FILING

1. Papers accepted for filing shall have printing on one side only, 8 1/2" x 11" paper, and a case #.
2. Backers are prohibited.
3. Pleadings commencing an action must include Case Classification/Case Code, attorney's state bar number, mailing address & telephone number. Any other documents, after commencement of action, to include attorney's state bar number, mailing address and telephone number.
4. Individual documents may not be removed from a file. An entire file may be removed with written approval of the court for a 24-hour period.

8. GUARDIANS AD LITEM

Guardians'ad litem are appointed annually by a majority of the four judges. They shall conduct their work in a manner specified by state law, Supreme Court Rules, and local court rules, and contract. They shall be required to complete three (3) Continuing Legal Education credits specifically addressing GAL work within the first year of appointment and are encouraged to take other related classes.

9. DECISIONS OF CIRCUIT COURT COMMISSIONER UNDER §757.69(8) Wis. Stats.

Any party who was present at the hearing has the right to have the assigned judge hold a new hearing by filing a written request with the judge's clerk, with a copy sent immediately to the opposing party, within 15 days of the oral decision of the court commissioner or within 15 days of mailing of the written decision if the order was not orally given at the time of the hearing

Notices requesting a hearing de novo will not stay the order unless the judge specifically grants a stay of the order. Should a party request a hearing de novo, the court will not proceed with any enforcement actions requested by the same party before that hearing e.g. the court will not grant a bench warrant and a commitment order requested by the petitioner, if the petitioner requests a bench warrant based upon the failure of the respondent to comply with the order upon which the petitioner has requested a de novo hearing. However, if in the court's discretion, fairness requires an enforcement hearing; the court will set a combined de novo and order to show cause as promptly as possible.

The court commissioner shall not hear any motions to modify an order or temporary order if the matter is pending a de novo hearing or if the trial has been held and the court has taken the matter under advisement. The order in existence will remain in effect until the court renders its decision.

10. SETTLEMENT

Stipulations and orders for dismissal shall be filed within 30 days of the notice of settlement, or the action will be set for dismissal and notice given.

11. MOTION PRACTICE

Notice of Motion/Notice of Hearing and motion papers shall be filed with the proper calendar clerk before the date for hearing is scheduled unless otherwise ordered by the court. The hearing date is to be left blank; the clerk will assign the date and return a copy for service.

12. UNIFIED BUDGET

There shall be one unified budget for all of the courts for Walworth County to be subdivided into 1) Clerk of Courts Administration 2) Family Court Commissioner.

There shall be a clerk designated to each judge who will clerk all matters heard by the judge.

The Clerk of Circuit Court shall be the department head of all branches of Circuit Court as to personnel, budget and related matters.

13. VICTIMS/WITNESSES

The Walworth County judges and staff recognize that all parties and participants, including victims and witnesses, have rights in controversies pending before the courts. The judges shall be vigilant to protect the rights of all parties and participants in the legal process.

14. FACSIMILE and EMAILS

1. Facsimile documents transmitted directly to the courts shall be accepted for filing only if:
   1. The circuit court has a facsimile machine capable of reproducing documents that meet Supreme Court Rule 72.01 concerning retention of filed documents. Only plain paper facsimile machines currently comply with this requirement.
   2. The circuit court has a facsimile machine physically located within the offices of the circuit court or the Register in Probate.
   3. No filing fee is required. In the case of a petition for a temporary restraining order that alleges stalking, intentional harm or threat, the filing fee may be waived after review by the Judge/Circuit Court Commissioner. When submitting these types of documents for filing by fax, the completed Request for Waiver of Fees should be included. All documents will then be reviewed by the Judge/Circuit Court Commissioner who will determine whether 1) the filing fee should be waived; 2) the clerk should accept the fax for filing; and 3) the temporary order is granted or denied.
   4. No additional fee or charge must be paid by the circuit court for accepting or receiving the facsimile document.
   5. The facsimile transmission is no longer than 15 pages. If the facsimile transmission exceeds 15 pages, the party or attorney shall certify that the assigned Judge/Circuit Court Commissioner has approved the facsimile transmission in advance.
   6. Email attachments should not be more than 15 pages.
2. Facsimile documents and emails transmitted to a non-court agency, party, or company for the receipt, transmittal, and delivery to the clerk of circuit court, shall be accepted for filing only if:
   
   Same 6 conditions from "A" above apply here.
   
3. The party transmitting the facsimile document is solely responsible for ensuring the timely and complete receipt.
4. The circuit court, judge or clerk is not responsible for:
   1. Errors or failures in transmission that result in missing or illegible documents.
   2. Periods when a circuit court facsimile machine is not operational for any reason.
5. 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 § 801.16, Wis. Stats.
6. 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.
7. Documents are considered filed when received except that documents received by facsimile transmission after regular business hours of the clerk of circuit court's office are considered filed the next business day. § 801.16 (2)(f), Wi. Stats.
8. Facsimile papers are considered filed upon receipt by the clerk of circuit court and are the official record of the court and may not be substituted. No additional copies may be sent. The clerk of the circuit court shall discard any duplicate papers subsequently received by the clerk of the circuit court, assigned judge, or court commissioner.

15. COURT MEDIA RELATIONS

The courts acknowledge the right of the press to free access to court proceedings as limited by statute and Court Rules (see SCR 61.01 et seq). In the case of proceedings/files closed to the public, access shall be limited to that provided by statute. In such cases, the court may require media representatives to produce credentials and to sign a form acknowledging responsibility for use of information gained from closed files/proceedings as provided by statute.

16. JURY SERVICE

For the purpose of jury service, the Clerk of Courts or designee may excuse/exclude jurors from service in accordance with Section 756.001(5)

FAILURE TO RETURN QUESTIONNAIRE. If an individual fails to respond after being sent two (2) jury questionnaires, the third questionnaire will be delivered by personal service with an attached Order to Show Cause for Contempt with a hearing date. If the questionnaire is completed and returned before the designated date/time to the court, the Order to Show Cause for Contempt will be cancelled.

FAILURE TO APPEAR WHEN SUMMONED. The clerk will send a second notice. If it is ignored, the clerk will send an order to appear before the Court. A fine is possible pursuant to Wisconsin Statute §756.30.

17. ADJOURNMENTS

A party who has a conflict with a court date must contact the other party with their position on the request before requesting an adjournment from the Court. If the other party agrees to the adjournment, the Court must still approve the request. If the other party objects to the request, a motion must be filed. Any such motion shall contain certification relating to contacting the other party regarding their position on the adjournment request.

Walworth County Circuit Court Rules