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Supreme Court Orders

Judicial Administration

In the matter of the Amendment of Supreme Court Rules: SCR 70.16 - Definitions; SCR 70.21 - Additional Authority of the Chief Judge; SCR 70.28 - Trial Court Services; SCR 70.30 - Additional District Court Administrators; SCR 70.31 - Assistant to the Chief Judge and District Court Administrator; SCR 70.35 - Reserve Judge Eligibility; SCR 32.08 - Reserve Judges; SCR 71.04 - Transcripts

Order 97-04

The court held a public hearing Sept. 9, 1997, on the petition of the Director of State Courts seeking the amendment of numerous Supreme Court Rules of Judicial Administration, including the rules concerning the appointment of district court administrators, reserve judge eligibility, and transcripts of reporters' notes and other records of court proceedings. The court has considered the presentation at the public hearing and the material filed with the court in the matter.

IT IS ORDERED that, effective the date of this order, the Supreme Court Rules are amended as follows.

SECTION 1. 70.16 (2) of the supreme court rules is repealed.

SECTION 2. 70.16 (3) of the supreme court rules is repealed.

SECTION 3. 70.16 (4) of the supreme court rules is amended to read:

70.16 (4) "District court administrator" means a person who is a state employee and qualified to provide administrative and technical assistance as well as to assist the chief judge in carrying out his or her duties and responsibilities.

SECTION 4. 70.l6 (8) of the supreme court rules is amended to read:

70.16 (8) "Technical assistance" means assistance in trial court administration with respect to records management;, caseflow management, court reporting management, jury management, statistical analysis, computerization, grant application, and education of support personnel.

SECTION 5. 70.21 (4) of the supreme court rules is amended to read:

70.21 (4) Section Sections 48.06 (1) (a) 2: . and 938.06 (1) (a) 2.: policy formulation and supervision of child court center court services related to juvenile matters.

SECTION 6. 70.21 (5) of the supreme court rules is amended to read:

70.21 (5) Section Sections 48.06 (2) and 938.06 (2): approval of circuit judge's policy governing juvenile intake workers.

SECTION 7. 70.21 (6) of the supreme court rules is amended to read:

70.21 (6) Section Sections 48.065 (1) and 938.065 (1): appointment of juvenile court commissioners.

SECTION 8. 70.21 (7) of the supreme court rules is amended to read:

70.21 (7) Section Sections 48.067 (6) and (9) and 938.067 (6) and (9): guidance and assistance of juvenile intake workers.

SECTION 9. 70.21 (8) of the supreme court rules, as affected by 1997 Supreme Court Order 97-02, is repealed.

SECTION 10. 70.21 (8e) of the supreme court rules, as affected by 1997 Supreme Court Order 97-02, is repealed.

SECTION 11. 70.21 (8s) of the supreme court rules is created to read:

70.21 (8s) Sections 48.38 (5) and 938.38 (5): permanency planning review panel involvement.

SECTION 12. 70.21 (9) of the supreme court rules is amended to read:

70.21 (9) Section 59.38 (2) 59.40 (1) (b): approval of appointment of deputy clerks.

SECTION 13. 70.21 (11) of the supreme court rules is created to read:

70.21 (11) Section 751.025: Court reporting management involvement.

SECTION 14. 70.21 (15m) of the supreme court rules is repealed.

SECTION 15. 70.21 (16) of the supreme court rules is created to read:

70.21 (16) Section 756.001 (5): designation of a circuit judge to supervise the jury system.

SECTION 16. 70.21 (20c) of the supreme court rules is created to read:

70.21 (20c) Section 938.22 (1) (b) and (3) (a): approval of policy and the appointment of a superintendent of secure detention facilities.

SECTION 17. 70.21 (20e) of the supreme court rules is created to read:

70.21 (20e) Sections 938.245 (2) (a) 8. a., 938.32 (1m) (a), 938.34 (2m) (a), 938.342 (1) (f) 1., 938.343 (2m) (a) and 938.344 (2g) (a) 4. a.: approval of teen court programs.

SECTION 18. 70.21 (20m) of the supreme court rules is created to read:

70.21 (20m) Section 938.346 (5): establishment of a procedure for notifying victims of juveniles' acts.

SECTION 19. 70.21 (26) of the supreme court rules is amended to read:

70.21 (26) Sections 48.29 (1m), 345.315 (1m), 799.205 (2), 800.05 (3), 801.58 (2), 938.29 (1m) and 971.20 (8): determination of substitution requests and reassignment of judges.

SECTION 20. 70.28 of the supreme court rules is repealed.

SECTION 21. 70.30 of the supreme court rules is repealed and recreated to read:

70.30 District court administrators; creation.

(1) Judicial administrative districts 1 to 10 shall each employ a district court administrator.

(2) The director of state courts may recommend to the supreme court that assistant district court administrator positions be created in one or more judicial administrative districts.

SECTION 22. 70.31 of the supreme court rules is amended to read:

70.31 District court administrators and assistants to the chief judges shall be appointed by the respective chief judges from a list of candidates supplied by the director of state courts, who is responsible for recruiting for these positions. The chief judge may reject the list and request one additional list of candidates.

SECTION 23. 70.35 of the supreme court rules is repealed and recreated to read:

70.35 Reserve judge eligibility.

(1) To be eligible for appointment as a reserve judge to perform marriages, a person must be eligible under s. 753.075 (2), stats.

(2) To be eligible for appointment as a reserve judge to perform judicial assignments, a person must meet all of the following conditions:

(a) Be eligible under s. 753.075 (2), stats.

(b) Be eligible for appointment under SCR 32.08.

(c) Subject to sub. (3), have in force and on file with the office of the director of state courts a written consent to eligibility for appointment as a reserve judge. The written consent shall be renewed in writing for each successive calendar year and in the form provided under. sub. (5).

(3) If a consent form under sub. (2) (c) is not renewed for a successive calendar year before the end of the calendar year for which it has been filed, the person is not eligible to be a reserve judge until at least 6 months after his or her most recent consent form under sub. (2) (c) expires.

(4) A person may withdraw, in writing, a consent to eligibility for appointment as reserve judge. If a consent is withdrawn, the person may not file a consent form under sub. (2) (c) for six months from the effective date of the withdrawal.

(5) (a) The written consent form for permanent reserve judges shall be in the following form:

"If I am appointed a permanent reserve judge, as that term is defined in section 753.075 of the Wisconsin Statutes, I consent to be bound by all provisions of the Code of Judicial Conduct (Supreme Court Rules chapter 60) from the date of that appointment and until its expiration."

(b) The written consent form for all other reserve judges shall be in the following form:

"In consideration of being eligible for appointment and assignment as a reserve judge during . . . . (year), I consent to be bound for that year by the provisions of the Code of Judicial Conduct (Supreme Court Rules chapter 60) applicable to reserve judges."

SECTION 24. 32.08 (1) of the supreme court rules is amended to read:

32.08 (1) To be eligible for appointment or reappointment as a reserve judge to perform judicial assignments, a person otherwise entitled to appointment shall earn 5 credits during the calendar year immediately preceding appointment or reappointment. The director of state courts shall determine the which judicial education programs for which the may be attended to earn the required 5 credits may be earned. One credit is awarded for each half-day of attendance at programs sponsored or approved by the judicial education committee. Reserve judges are not required to comply with SCR 32.04.

SECTION 25. 71.04 (4) of the supreme court rules is amended to read:

71.04 (4) Reporters' notes or other verbatim record of proceedings under chapters chs. 48 and , 767 and 938 of the statutes shall be transcribed only upon order of the court.

IT IS FURTHER ORDERED that notice of these amendments of the Supreme Court Rules shall be given by a single publication of a copy of this order in the official state newspaper and in an official publication of the State Bar of Wisconsin.

Dated at Madison, Wis., this 12th day of September, 1997.

By the court:
Marilyn L. Graves, Clerk

Judicial Court Commissioners

In the Matter of the Amendment of Supreme Court Rules: SCR 70.36(5); (proposed) SCR Chapter 76 - Appointment, Performance Evaluation, Continuing Education, Discipline and Decisions of Judicial Court Commissioners

Order 97-10

On Aug. 28, 1997, the Supreme Court's Planning and Policy Advisory Committee filed a petition seeking the amendment of the Supreme Court Rules to provide for the appointment, performance evaluation, continuing education, and discipline of judicial court commissioners. The petition also asks that SCR 70.36 be amended to establish time periods for decisions of court commissioners, a procedure for extending the time for those decisions, and monthly reporting of matters pending decision and sanctions for violations of those provisions.

IT IS ORDERED that a public hearing on the petition shall be held in the Supreme Court Room in the State Capitol, Madison, Wis., on Dec. 16, 1997, at 1:30 p.m.

IT IS FURTHER ORDERED that the court's conference in the matter shall be held promptly following the public hearing.

IT IS FURTHER ORDERED that notice of the hearing be given by a single publication of a copy of this order and of the petition in the official state newspaper and in an official publication of the State Bar of Wisconsin not more than 60 days nor less than 30 days before the date of the hearing.

Dated at Madison, Wis., this 22nd day of September, 1997.

Marilyn L. Graves, Clerk

Petition

The Planning and Policy Advisory Committee, pursuant to its authority and responsibility under SCR 70.14 (4) to advise the Wisconsin Supreme Court regarding the administrative structure of the court system, and to recommend appropriate changes in the administration and methods of operations of all the courts of the state, hereby petitions the Court to adopt the following rules pursuant to SCR Chapter 98 and in the exercise of the Court's administrative authority under art. VII, sec. (3) (1) of the Wisconsin Constitution:

SECTION 1. 70.36 (5) is created to read:

70.36(5)(a) In this subsection, "court commissioner" means a judicial court commissioner or a supplemental court commissioner authorized under SCR 74.02 (2) to perform specific duties under SCR 74.03 on a temporary or occasional basis.

(b) A court commissioner shall not routinely take matters under advisement. Every court commissioner shall decide any matter within 30 days after the matter is submitted for decision. If unable to do so, the court commissioner shall so notify the supervising judge in writing within 5 days prior to the end of the 30-day period. The supervising judge may extend the period for an additional 30 days, or may require that the court commissioner suspend all other assigned activities until the decision is filed.

(c) Within the first 10 days of each month, a court commissioner shall report in writing to the chief judge and/or supervising judge any matters taken under advisement or pending decision during the preceding month. This report shall include the case number and caption, the date submitted for decision and the date any decision was filed.

(d) Violation of this rule is cause for the chief judge to withdraw the judicial court commissioner's authority to act, or appointment, temporarily or permanently. In addition to or in lieu of this discipline, the chief judge may refer the matter to the judicial commission for investigation.

NOTE: 4/23/97 position paper pp. 9-10.

SECTION 2. SCR Chapter 74 is created to read as follows:

SCR CHAPTER 74
JUDICIAL COURT COMMISSIONERS

SCR 74.01 Definition. In this chapter, "judicial court commissioner" or "commissioner" means a court commissioner appointed under SCR 74.02 as an officer of the court to perform limited judicial and quasi-judicial functions under the direction and authority of the chief judge and judges of the circuit. The term includes a supplemental court commissioner appointed by circuit court judges under s. 757.68 (2) only if and to the extent that the commissioner is authorized under SCR 74.02 (2) to perform specific duties under SCR 74.03 on a temporary or occasional basis.

NOTE: 4/23/97 position paper page 1. This chapter applies to judicial court commissioners. But, if a supplemental court commissioner is authorized by the chief judge to perform duties under SCR 74.03 on a temporary or occasional basis, this chapter applies to that court commissioner, too. There are continuing education requirements under SCR 74.05 if the supplemental court commissioner spends 40 or more hours per year on these duties. The performance evaluation and complaint procedures apply to the performance of the authorized duties, however limited.

SCR 74.02 Appointment. (1) The chief judge of a judicial administrative district shall appoint judicial court commissioners within the district, who shall be selected through a process approved by the chief judge and the circuit court judges of the counties in which the commissioner will serve. A judicial court commissioner shall be a member of the state bar in good standing with at least 3 years' legal experience. Selection shall be based upon merit in accordance with generally accepted personnel practices.

(2) The chief judge of a judicial administrative district may by order authorize a supplemental court commissioner appointed under s. 757.68 (2) to perform one or more specific duties under SCR 74.03 on a temporary or occasional basis.

(3) The chief judge of a judicial administrative district may, on application of a judge within the district exercising probate jurisdiction, by order authorize a register in probate to perform the duties of a judicial court commissioner in probate matters.

NOTE: 4/23/97 position paper pages 2-3. Subsection (3) is based on s. 757.72 (5).

SCR 74.03 Duties. The order appointing a judicial court commissioner shall either confer all powers and duties allowed court commissioners by statute, or shall specify duties which the commissioner is authorized to perform, including but not limited to the following:

(1) In cases under ch. 48 or 938:

(a) Exercise the powers of a juvenile court commissioner under s. 48.065.

(b) Issue summonses and warrants, order the release or detention of children apprehended, conduct detention and shelter care hearings, conduct preliminary appearances, conduct uncontested proceedings under ss. 48.13, 938.12, 938.13 and 938.18;

(c) Enter into consent decrees and exercise the powers and perform the duties specified in par. (j) or (m), whichever is applicable, in proceedings under s. 813.122 or 813.125 in which the respondent is a child.

(2) In family matters:

(a) Exercise the powers of a family court commissioner under s. 767.13.

(3) In traffic regulation cases and county ordinance cases:

(a) Conduct initial appearances, receive noncontested forfeiture plea;

(b) Order the revocation or suspension of operating privileges and impose monetary penalties according to a schedule adopted by a majority of the judges of the courts of record within the county;

(c) Refer applicable cases to court for enforcement for nonpayment.

(4) In actions under ch. 799:

(a) Conduct return date proceedings and settlement conferences;

(b) Grant and enter default judgments and approve stipulations;

(c) Conduct conferences and hearings with the parties or their attorneys or both on the return dates and adjourned dates, if any;

(d) Issue decisions, which shall become judgments under s. 799.207 (2).

(5) In probate matters:

(a) Exercise the powers of a probate court commissioner under s. 757.72;

(b) Conduct noncontested proceedings;

(c) Hear petitions for commitment and conduct probable cause hearings under ss. 51.20, 51.45 and 55.06(11);

(d) Conduct reviews of guardianships and protective placements and protective services under chs. 55 and 880; advise a person alleged to be mentally ill of his or her rights under the United States and Wisconsin constitutions and, if the person claims or appears to be unable to afford counsel, refer the person to the authority for indigency determinations specified under s. 977.07(l) or, if the person is a child, refer that child to the state public defender who shall appoint counsel for the child without a determination of indigency, as provided in s. 48.23 (4).

(6) Hold hearings, make findings and issue temporary restraining orders under ss. 813.122 and 813.125.

(7) In criminal matters:

(a) Direct a case to the proper court if the defendant wishes to enter a plea after intelligent waiver of rights;

(b) Issue summonses, arrest warrants or search warrants and conduct initial appearances of persons arrested and set bail; determine probable cause to detain arrested persons pending initial appearance;

(c) Conduct initial appearances; inform defendants in accordance with s. 970.02(l) and (6); refer defendants who appear or claim to be indigent for indigency determinations specified under s. 977.07(l);

(d) Conduct preliminary examinations and arraignments and, with the consent of both the state and the defendant, accept guilty or no contest pleas;

(e) Conduct restitution hearings under s. 973.20 (13) (c) 4.

(8) Conduct inquests under ch. 979.

(9) Issue warrants and capiases for those who do not appear as summoned.

(10) Try questions of fact requiring the examination of accounts, and report upon specific issues of fact involved therein, upon referral by the circuit court.

(11) Try questions of fact arising other than upon the pleadings, upon referral from the circuit court.

(12) Prepare proposed findings of fact and conclusions of law pertaining to default mortgage and land contract foreclosures and mechanics liens, upon referral.

(13) Issue subpoenas and attachments or other process to compel the attendance of witnesses, administer oaths and affidavits, take depositions and testimony when authorized by law or rule or order, and certify and report the depositions and testimony.

(14) Issue the following writs returnable before a judge at a time set by the judge or the judge's clerk: habeas corpus; certiorari; ne exeat and alternative writs of mandamus.

(15) Supervise accountings subsequent to a sale of land under ch. 75.

(16) Issue subpoenas returnable before a judge on behalf of the Wisconsin department of justice for antitrust violations under s. 133.11 (1) or violations of ss. 563.02 to 563.80 under s. 563.71 (1).

(17) Investigate and dispose of unclaimed property under ss. 171.04 to 171.06.

(18) Except as provided in s. 767.13 (5) (c), conduct a paternity proceeding according to the procedures set out in ch. 767.

(19) Conduct pretrial conferences, dismissal calendar proceedings, statutory name changes, minor settlement approvals under the amount specified in s. 807.10 (3), and uncontested mortgage foreclosures.

NOTE: Based on s. 757.69, Wis. Stats., this rule requires that the order appointing a judicial court commissioner either confer all powers allowed by statute, or enumerate specific duties to be performed. The list of possible duties is intended to be suggestive, not exhaustive. It deliberately excludes the powers to officiate at marriage ceremonies and to conduct supplementary hearings on the present financial status of a debtor and exercise powers under ss. 816.04, 816.08 and 816.11. This chapter does not apply to those activities, nor do they cause continuing education requirements to obtain.

SCR 74.04 Performance evaluation. (1) The director of state courts shall establish a standard procedure for the regular evaluation of the job performance of judicial court commissioners, which shall include minimum performance standards for commissioners to be certified as qualified.

(2) The chief judge shall appoint a supervising judge for each judicial court commissioner. The supervising judge shall annually evaluate the performance of the commissioners under his or her supervision, communicate responsibilities and performance objectives, and recommend to the chief judge whether the commissioner should be certified as qualified to continue in that capacity in the succeeding year. The supervising judge's recommendation shall be supported by reasons and shall include findings regarding the following:

(a) Whether the court commissioner has met or exceeded the minimum performance standards under sub. (1);

(b) Whether the commissioner is subject to any disciplinary order which forbids the commissioner to act in a quasi-judicial capacity, or is subject to removal or suspension.

(c) Whether the commissioner has complied with SCR 70.36 (5) and 74.05, including attendance at specific education recommended by the chief judge.

(3) The chief judge shall, upon considering the recommendation of the supervising judge, certify each commissioner as qualified to act in that capacity or deny such certification. The chief judge shall not certify as qualified any commissioner unless affirmative findings have been made under (2) (a) and (c) and a negative finding has been made under sub. (2) (b).

NOTE: 4/23/97 position paper pp. 4-5. Unless the commissioner has met minimum performance standards, complied with rules relating to education and prompt decision-making and is not subject to ethical sanctions, he or she cannot be certified as qualified to discharge the functions of the office. Local jurisdictions may use members of the bar, civic or consumer groups to assist the supervising judge in the evaluation process. Under 74.01, this section applies to supplementary court commissioners if they are authorized to perform duties under SCR 74.03 on a temporary or occasional basis.

SCR 74.05 Continuing education. (1) A judicial court commissioner shall maintain and improve his or her professional competence by participating in programs of continuing education designed for judicial court commissioners and by participating in local orientation programs which may include mentoring by circuit court judges.

(2) A judicial court commissioner shall earn 60 education credits each period of 6 years by participating in continuing education programs. A commissioner shall earn no fewer than 10, nor more than 30 credits, every two years. A full-time judicial court commissioner shall earn credits only by participating in continuing education programs approved by the judicial education committee. A judicial court commissioner not employed full-time in that capacity may earn up to 40 of the required 60 credits by participating in continuing legal education programs approved by the board of bar examiners.

(3) A supplemental court commissioner authorized under SCR 74.02 (2) to perform specified duties under SCR 74.03 shall earn not less than 3 education credits in programs approved by the judicial education committee in any year in which the performance of those duties requires 40 or more hours.

NOTE: 4/23/97 position paper pp. 6-7. SCR 31.05 (4) requires that the board of bar examiners allow participation in activities approved by the judicial education committee to be used to satisfy CLE requirements for attorneys.

SCR 74.06 Complaints, discipline. (1) A person may file a complaint regarding the conduct of a judicial court commissioner with the chief judge of the judicial administrative district. The chief judge or designee of the chief judge shall advise any complainant of the right to file a complaint with the judicial commission. Notwithstanding the jurisdiction of the judicial commission, the chief judge may discipline a judicial court commissioner as provided in this rule.

(2) The chief judge of each judicial administrative district is responsible for disciplining judicial court commissioners with respect to their quasi-judicial activities, and for determining the severity of the discipline, including removal. The chief judge shall consider information and recommendations from the supervising judge or judges when making these determinations.

NOTE: 4/23/97 position paper pp. 5 and 8.

SCR 74.07 Local court rules.

(1) Circuit court judges may establish:

(a) Rules and standards clarifying the authority of judicial court commissioners in particular types of cases; and

(b) Guidelines for decision-making by judicial court commissioners.

(2) All local rules shall be adopted under s. 753.35 (2). Local rules, standards and guidelines under this rule shall be consistent with statutes and supreme court rules, and shall be approved by the chief judge of the judicial administrative district.

NOTE: 4/23/97 position paper pp. 7-8.