CHAPTER 757 - docs.legis.wisconsin.govdocs.legis.wisconsin.gov/document/statutes/1979/757.pdf ·...

4519

CHAPTER 757

GENERAL PROVISIONS CONCERNING COURTS OF RECORD, JUDGES, AT-TORNEYS AND CLERKS

757 .02 Justices and judges and mun i ci-pal judges ; oath of office; ineligibility, toother office; salary; conservators of peace .(1) Every person elected or, appointed justice ofthe supreme court, judge of'the court of appeals,judge of the circuit court or municipal judge,shall take, subscribe and file the following oath :STATE OF WISCONSIN,County of . .. . .

I, the undersigned, who have been elected (orappointed) to the office of . . . :,, but have not yetentered- upon the duties thereof, do solemnlyswear that I will support the constitution of theUnited States and the constitution of the state ofWisconsin; that I will administer justice without

757 .09 . Powers of courts . The several courtsof record of thiss state shall have power :

(1) To issue process of" subpoena, requiringthe attendance of any witness, residing or beingin any part of this state, to testify in any matter,or cause pending or, triable in such courts .

(2) To administer' oaths to witnesses in anysuch matter or cause, and in all other- caseswhere it may be necessary in the exercise of thepowers and duties of such court .

(3) To devise and make. such writs andproceedings as may be necessary to carry intoeffect : thee powers and jurisdiction possessed bythem. : .

History: 1977 c . . 187 s . 96..

GENERAL COURT PROVISIONS 757 .02

75701 Powers of courts .75702 Justices and judges and municipal judges; oath of

office ; ineligibility to other office; salary ; con-servators of peace .

. 75'7 . . 025 Judge to file affidavit as to work done to receivesalary,

75708 Vacancy in judgeship not to affect suits .757 . 10 Failure to adjourn_757 .. 12 : Adjournment to another place' 75' 1.. 1 .3 Continuances; legislative privilege . .757 14 ` Sittings, public .'75 ' 7.. 15 Holding court, effect of holidays ,'.757.. 16 Memorial day; veterans to be given leave of absence.

on .757 . 1'7 Legal holidays

'75 '7 . . 171 Wisconsin family month .7, 57 115 Indian Rights Day .757 . 18 Process, etc., to be in English.75'7 19 Disqualification of judge .

' 757 . 22 Judge not to act as attorney, etc . . ; attorneys not tohave office with judge ,

75'7 . 23 Court commissioner, when disqualified .'75'7 . 24 Liability of judicial officers ,757 „ 25 Money in court, how deposited.

' 757 , 26 ' Court officers, liability of to arrest .J57 :27 Appearance by attorney ..

" 15'7 . 28 Attorneys; admission to practice757 .281 Board of attorneys professional competence ,.' 75 '7 ..282 Bar examination' 75 ' 7 ..285 Suspension on conviction of crime .' 757 ..287 Activities on revocation or suspension of license . .'757.. 29 Attorneys regulated .'757.. 293 Trust accounts required'757.. 294 Group or prepaid legal services plans .'75 ' 7.:295 Barratry757296 Advertisement of legal services ..75730 Penaltyy for practicing without license.757, 32 Trial judge not to be counsel ,

'157„ 34 Attorney not to be bail, etc .75735 Blank process to attorneys. .75'736 Lien on proceeds of action to enforce cause of

action .75'7. 37 When action settled by parties, what proof to en-

force lien.' 75'1 . . .38 Consent of attorney in settlement of actions for per-

sonal injuries .

757 39 Judges may direct calendars to be printed'757 40 Law library157 41 Law library; Milwaukee county'75'7 . 45 Sharing of compensation by attorneys prohibited75 7 46 Reporter not to take statements of injured persons .75747 Taxes of this state enforced in other states .'157 . .48 Guardian ad litem must be an attorney75749 ' Compensationn of attorneys appointed by court ,157 . 52 Guardian ad litem for persons not in beingg or

unascertainable' 737 . 55 ' Reporting testimony757 56 Reporters' notes757 . 57 Transcripts . .' 15 ' 7 . 60 Judicial administrative districts}57 61 Selection of chief judges of judicial administrative

districts..' 757 . .6 .3 Responsibilities and duties of the chief judge .75764 Authority of the chief' judge.. .752,641 Rule ( ' Ter'm of office of chief' judge) :' 157 ..642 . . Rule (Deputy chief judge) . . .757 . 643 Rule (Division presiding judge)757644 Rule (Chief judge expenses) .757 645 Rule (Assignment of circuit judges)757 .646 Rule (Assignment of municipal judges) . .757 .65 Indigent defendants; payment of costs,.757 . 66 Recovery of legal fees paid for indigent defendants .75767 Testimony of judge of kin to attorney . .75 '7.. 68 Court commissioners75'7..69 Powers and duties of court commissioners ..'75 '7. . 695 Court commissioners; small claims matters75'1 . . 70 Hearings before court commissioners .'757 . .71 Court commissioners fees :'757 . 72 Office of probate court commissioner757 . 81 Definitions . .

'15'1 83 Judicial commission .75'7 . 85 Investigation; prosecution ..757 87 Request for jury ; panel75'1 . 89 Hearing .75 ' 7 .9I Supreme court; disposition .757 ,;9 .3 Confidentiality of proceedings .75794 Privilege ; immunity,75 ' 7 . .95 Temporary suspension by supreme court' 757 ..97 Iemporary vacancies..75 ' 7 , 99 Attorney fees ,.

Electronically scanned images of the published statutes.

respect to persons and will faithfully and impar-tially discharge the duties of said office to thebest of my ability . So help me God . .

. . .. (Signature)Subscribed and sworn to before me this .,. . . .

day of',, . .,, 19,(Signature)

(2) The judge of any court of record in thisstate shall be ineligible to hold any office ofpublic trust, except a judicial office, during theterm for- which he or she was elected orappointed .

(3) The judges of such courts shall be conser-vators of the, peace, and have power to adminis-ter oaths and take the acknowledgments ofdeeds and other written instruments throughoutthe state.

( 5) Exceptt for retired judges appointedunder s. 753.075, each supreme court justice,circuit court judge, county court judge andcircuit and county court reporter included underchs. 40 and 41 shall accrue sick leave at the rateestablished under s 230,35 (2) for the purposeof credits under s, 230.35 (2m) and for pre-mium payment determinations under ss. 40146and 40 ..16 (3) .Histor y : 1977 c .187 s 96 ; 1977c, 395 .s 64 ; 1977 c 418,

449; 1979 c 32The county board was without authority to adopt a resolu-

tion providing for the reduction and termination of its supple-ment to county judges' salaries on the contingency of in-creases in state salaries, since the resolution allowed for amid-term reduction in compensation and constituted an un-sanctioned interference with the legislature's authority to fixand increase county salaries . State ex rel., Conway v. . Elvod,90 W (2d) 448, 234 NW (2d) 354

757.025 Judge to file affidavit as to workdone to receive salary. ( 1 ) No judge of acourt of record may receive or, be allowed todraw Any salary, unless he or she first executesan affidavit stating that no cause or matterwhich has been submitted in final form to his orher court remains undecided that has been sub-mitted for decision for 90 days, exclusive of thetime that he or- she has been actually disabled bysickness or unless extended by the ,judge undersub. (2) The affidavit shall be presented to andfiled with every official who certifies in wholarin past, the ,judge's salary, .

( 2) If a judge is unable to complete a decisionwithin the 90-day period specified in sub,,. . (1),the judge: shall so certify in the record and theperiod is thereupon extended for one additionalperiod of not to exceed 90 days .History: 197'1 c . 18'7 s 96

757.08 Vacancy in judgeship not to affectsuits. No process, proceeding or action,' civil orcriminal ; before any court of' record shall bediscontinued by the occurrence of any vacancyin the office of any judgee or of all the judgess of

757.13 Continuances ; legislative privi-lege. When a witness, party or an attorney forany party to any action or proceeding in anycourt or, any commission, is a member of theWisconsin legislature, in session, that fact issufficient cause for, the adjournment or continu-ance of the action or proceeding, and the ad-jouinment. .orcontinuance shall be granted with-out the imposition of terms .

Hi s tory : 1977 c 187 s . 96 ; 19'79 c 34

757.14 S i ttings , public. The sittings of everycourt: shall be public and every citizen mayfreely attend the same, except if otherwise ex-pressly provided by law on the examination ofpersons charged with crime ; provided, that whenin any court a cause of a scandalous or obscenenature is on trial the presiding judge or justicemay exclude from the room where the court issitting all minors not necessarily present asparties or witnesses,History: 1977 c 187"s 96Any citizen has the right to at tend immunity hearings aiis-

ing out of a John Doe proceeding . S tatee ex rel . Newspa pers,Inc .c v . Circuit Court, 65 W (2d) 66, 221 NW (2d)°894 . .

757.15 Holding court, effect of holidays.No court may be opened or, transact business onthe first day of the week, July 4 or Christmas

757 .02 GENERAL COURT PROVISIONS 4520

such court, nor by the election of any new judgeor judges of any such court, but the persons soelected shall have power to continue, hear anddetermine such process, proceedings or action astheir predecessors might have done if ' no newelection had been held .

History: . 1977 c . 187 s 96.

757.10 Failure to adjourn. No omission toadjourn any such court may vitiate any proceed-ings in the court :

Hi story: 1977 c 187 s. 96; 1977 c 449..

757.12 Adjournment to another place .Whenever it is deemed unsafe or inexpedient, byreason of war, pestilence or other public calam-ity, to hold any court at thee time andd placeappointed therefor the justices or judges of thecourt may appoint any other place within thesame county and any other' time for holdingcourt .. All proceedings in the court, may becontinued at adjourned times and places and beof the same force and effect as if the court hadcontinued its sessions at the place it was heldbefore the adjournment Every such appoint-ment'shall be made by an order in writing,signed by the justices or judges making theappointment, and shall be published as a class dnotice, under ch . 985, or in such other manner asis required in the order

Hi story: 1977 c 187 s 96 ; 1977 c . 449


of holding any municipal election is a legalholiday, and in every such city the afternoon ofeach day upon which a primary election is heldfor the nomination of candidates for city of 'f'icesis a halfholiday and in counties having a popula-tion of 500,000 or more the county board may byordinance provide that all county employes shallhave a half holiday on the day of such primaryelection and a holiday on the day of such munici-pal election, and that employes whose dutiesrequire that they work on such days be givenequivalent time off on other days . . Whenever anyof said days falls on Sunday, the succeedingMonday shall be the legal holida y .H istory: 1 971 c 226 ; 1973 c 140, 3.3 .3; 197 7 c 187 s 96

' 757.971 Wisconsin family month. Themonth of'November, in which the celebration ofThanksgiving occurs, is designated as WisconsinFamily Month andd the first Sundayy of thatmonth as Family Sunday . . In conjunction there-with appropriate observances, ceremonies, exer -cises and activitiess may be held under stateauspicess to focus attention on the pri nciples offamily responsibility to spouses, children andparents, as well as on the importance of " thestability of marriage and the home for our futurewell-being; and the chief' officials of local gov-ernments and the people of the state are invitedeitherr to ,join and participate therein or to con-duct like observances in their respectivelocalities .

History: 1973 c 333 ; 197 '7 c . 1 87 s 96

757.175 Indian Rights Day. July 4 is desig-nated as ".̀ Indian Rights Day," andd in conjunc-tion with the celeb r ation of independence Day,appropriate exercises or celebrations may beheld in commemoration of the granting by con-gress of home rule and a bill of rights to theAmerican Indians . . When July 4 falls on Sun-day, exercises or celebrations of Indian RightsDay may be held on either the third or the fifth . .

History : , 19'7' 7 c 18 '7 s 96 ..

757.18 Process, etc ., to be in English . Allwrits, process, proceedings and records in anycourt within this state shall be in the Englishlanguage, except that the proper and knownnames of process and technical words may beexpressed in the language heretofore and nowcommonly used, and shall be made out on paperor parchment in a fair, legible character, inwords at lengthh and not abbreviated; but suchabbreviations as are now commonly used in theEnglish language may be used and numbers maybe expressed by Arabic figures or Romannumerals in the usual mariner' .

History : 1977 c. 187 s. 96

unless it is for the purpose of instructing ordischargingg a jury or of receiving a verdict andrendering a,judgment thereon . This section doesnot prevent the exercise of'the jurisdiction of anyjudge when it is necessary, in criminal cases, topreserve the peace or arrest offenders When-ever a legal holiday, other than July 4 or Christ-mas, occurs, the court may proceed with itsbusiness thereon in like manner and with likeeffect as upon any other day ..

Hi s tory : 1975 c 159; 1977 c 54; 1977 c . 187 s 96 ; 1977 c .44 9 . .

A court has no jurisd iction to try a case on a holiday but theerror can be waived by the parties . State v, Wimberly, 55 W(2d ) 437, 198 NW (2d) 360,

757 .16 Memorial day; veterans to begiven leave of absence on. (1) The head ofevery department of'thestate government andd ofevery court of'the state, every superintendent orforeman on the public works of the state, everycounty officer, and the head of every departmentor office in any town, village, city, or otherpolitical subdivision, shall give a leave of ab-sence with pay for 24 hours on the last Mondayin May of each year, which shall be the day ofcelebration for May .30, to every person in theemploy of the state or any county, town, villageor city therein, who has at any time served in andbeen honorably discharged from the army, navyor marine corps of the United States . . A refusalto give such leave of absence to one entitledthereto,, shall constitute neglect of duty, .

(2) In all cities, however organized, wherethe nature of' the duties of the several depart-ments of government of such cities is such as tonecessitate the employment of members of suchdepartments on Memorial day, the head of eachsuch `department shall arrange and assign suchnecessary work in such a manner as to permitthe largest possible numbers of employes of'suchdepartment to be oft duty either the whole orpart of Memorial day .

History : 1971 c . 226 ; 19'77 c 187 s . 96

757 . 7 Lega l holidays. January 1, the 3rdMonday in February (which shall be the day ofcelebration for February 12 and 22), the lastMonday in May (which shall be the day ofcelebration for May 30), July 4, the 1st .Mondayin September which shall be known as Laborday, the 2nd Monday in October, November 11,the 4th Thursday in November (which shall bethe day of celebration for Thanksgiving),' De-cember 25, the day of holding the Septemberprimary election, and the day of holding thegeneral election in November are legal holidays, .On Good Friday the period from ll a, in, to 3p„m„ shall uniformly be observed for the purposeof worship In every city of'the 1st class the day

4521 GENERAL COURT PROVISIONS 757.18


The new judge disqualification section contains provisionsfor assuring that a disqualification is timely made and alsoprovides for waiver of a statutory disqualification upon agree-ment oCall interested parties and the judge, Alleged violationsof this section will be brought to the attention of the judicialcommission for appropriate review, [ Bill 74-S]

Judges are disqualified only where they have acted ascounsel for a party in the matter to be heard or determinedSturdevant v . State, 49 W (2d) 142, 181 NW (2d) 523 .Where a judge represented the defendant as counsel in an-

other phase of 'a criminal matter, he had no power to act asjudge in hearing the related postconviction motion and shouldhave, sua sponte, disqualified himself, R ainey v . State, 65 W(2d) 374, 222 NW (2d) 620 .

757 .22. Judge not to act as attorney, etc. ;attorneys not to have office w ith judge . (1)No judge, while holding office, may be in anymanner', engaged or act as attorney or counsel ;and no judge or his or her clerk or any personemployed by the judge in or about his or heroffice, court commissioner or other judicial of-ficer shall be allowed to give advice to partieslitigant in any matter' or action pending beforethe judge or officer, or which the judge hasreason to believe will be brought before him orher, for decision, or draft or prepare any papers,including wills, or other proceedings relating toany such matter of action except when expresslyauthorized bylaw ; and no court commissioner, orother judicial officer may be allowed to demandor receive any fees or compensation for servicesas such commissioner or judicial officer, exceptthose expressly authorized bylaw, upon penalty,for any violation her'eof', of removal from office .

(2) No practicing attorney may hold officein the office of the clerk of any court in which heof she practices nor' may he or she hold office inthe same room with a judge

(3) No practicing attorney may have his orher office in the same roomm with any districtattorney; municipal judge or court commis-sioner-, unless he or she is a partner of the districtattorney, municipal judge or court commis-sioner, in which case he or she shall not practiceas an attorneyy before the municipal judge orcourt commissioner nor act as attorney in anycase in which it is thee duty of" the districtattorney to appear, ar prosecute for the state ;except that the law partner of any district attor-ney may, at the request of the district attorney,without fee or compensation therefor, assist thedistrict attorney in the prosecution of any caseon the part of the state,

(4) No law partner of any district attorneymay act as a municipal ,judge or court commis-sioner in any casee in which the state may be aparty, or defend in any court any person chargedwith any offense, or appear in any civil actionagainst the state in which it is the-duty : of thedistrict attorney to prosecute or appear for thestate

757.19 Disqualification of judge. (1) Inthis section, "judge" includes the supreme court,justices,, court of appeals judges, circuit courtjudges and municipal judges .,

(2) Any judge shall disqualify himself orherself` from any civil or criminal action orproceeding when one of the following situationsoccurs:

(a) When a ,judge is related to any party orcounsel thereto or their spouses within the 3rddegree ofkinship ..

(b) When a judge is a party or a materialwitness, except that a judge need not disqualifyhimself or herself i f the judge determines thatany pleading purporting to make him or her aparty is false, sham or frivolous.,

(c) When a ,judge previously acted as counselto any party in the same action or proceeding . .

(d) When a judge prepared as counsel anylegal instrument or paper whose validity orconstruction is at issue.

(e) When a ;judge of an appellate courtpreviously handled the action or- proceedingwhile judge of an inferior court .

(f ) When a ,judge has a significant financialor personal interest in the outcome of the mat-ter ; Such interest does not occur solely by thejudge being a member of a political or taxingbody that is a party..

(g) When a judge determines that, for anyreason, he or she cannot, or it appears he or shecannot, act in an impartial manner .

(3) Any disqualification that may occurunder sub.. (2) may be waived by agreement ofall parties and the judge after full and completedisclosur e on the record of the factors creatingsuch disqualification .

(4) Any disqualification under sub.. (2) in acivil or criminal action or proceeding must oc-cur-, unless waived under sub . (3), when thefactors creating such disqualification first be-come known to the judge :

(5) When a judge is disqualified, the judgeshall file in writing the reasons and the assign-ment of another judge shall be requested unders . : 751 . 0 .3 „

(6) In addition to other remedies, an allegedviolation under this ' section or abuse of thedisqualification procedure shall be referred tothe judicial commission of the supreme court .

History: 1977 c : 135 ; 1977 c 187 s 96 ; 1977 c . 447, 449;1979 c .'175 s . 53 ; 1979 c 221 .

Judicial Council Note, 1977 : . Section 256 19 [757 .19]. hasbeen repealed and recreated to more comprehensively set outthe procedure in Wisconsin for a judge to disqualify himself 'or herself . The new provisions apply to courts of record andmunicipal courts and define those situations in which a judgeshould in the interest of justice disqualify himself or herself 'from hearing a matter Subsection ~2) (g) is a catch-all pro-vision to be used in those situations where a particular set ofcircumstances dictates thatt a judge disqualify himself ' orherself.

757.19 GENERAL COURT PROVISIONS 4522


such officers shall be liable to arrest and may beheld to bail as other persons during the sitting ofthecourt of'which they are officers No attorneyor counselor, mmay be exempt from arrest duringthe sitting of a court of which' he or she is anofficer unless he or she is employed in some casepending and then to be heard in the court

History: 197'1 c, 187 s 96

757 .27 Appearance by attorney. (1) Au-ixoxizEV Every person of full age and soundmind may appear by attorney in every action orproceeding by or against the person in any courtexceptt felonyy actions, or may prosecute or de-fend the action or proceeding in person . .

(2) SERVICE OF NOTICE Upon the service ofnotice of appearance or retainer generally, by anattorney for any party, any other party may filesuch notice and have the appearance of suchparty entered as of the time when such noticewas served .

(3) SUBSTITUTION OF AT TORNEYS. No orderfor, the substitution of an attorney forr a partymay be made without consent signed by theparty and his or her, attorney ; or_fbr cause shownand upon such terms as shall be just, and on suchnotice as the court or judge shall direct

History : 19'77 c-187 s . 96 ; Sup Ct. Order, eff 1-1-50NOTE: The Supreme Court Order dated December 11 ,

1979 , effective January 1 , 1980 , states that an equivalent pro-vision is contained in the Supreme. C ourt Rules. See SCR11 .02 .

Substitution of counsel may be denied where it will undulyinterfere with the administration'of,justice. Lorscheter v,Lorscheter, 52 W (2d) 804, 191 NW (2d) 200 .

757.28 : Attorneys; admission to practice.No person shall be, admitted or licensedd topractice law in this state, including appearingbefore any court, except in the following.manner : . .

(y ) ADMISSION ON. LAW DIPLOMA, LIST OFLAW SCHOOLS, (a) Every person 21 years of ageor over and of good: moral character whoo is acitizen of the United States, a resident of thisstate and a graduate of a law school in this statewhich law school at, the time of the person'sgraduation was approved by the American barassociation, as shown by the record of the clerkof the supreme court, and whoo has met therequirementss of par . (b) shall be admitted topractice law in this state by the supreme courtand, when-such. court is not in session, by one ofthe justices thereof, by an order signed by thejustice and filed with the clerk of the court ..

(b) To be admitted on the diplomapcivilege,every applicant must present to the clerk of thesupreme: court his or her diploma and a certifi-cate of the law school at which:' he or shecompletedd formal law studies, showing thecourses completed and the semester credits

(5) Any attorney who violates sub . (2), (3)or (4), and any municipal judge or court com-missioner who violates or knowingly permits anysuch violation, may be fined not to exceed $100for each such offense .His to ry: 19'77 c 187 s 96; 1977 c 305 ss 52, 64Under ( i ), a judge may not draft or prepare legal papers

even on a gratuitous basis . In re Van Susteren, 82 W (2d)307, 262 NW (2d) 133.

See note to 865 . .065, citing 63 Atty.. Gen .. 55

757 .23 Court commissioner , when dis-qualified . . A court commissioner, or any judgeacting as a court commissioner, shall not act or,take parin the decision of, or make any order inany matter, or proceeding in which he or she is aparty, or in which' his or her rights would be inany manner affected by his or her decision ororder thereon, or in which he or she is interested,or, in which his or her law partner, or any personconnected with him or her as employer, employeor,'clerk, or in the law business in any manner,shall be interested, or :appear as a party, agent,attorney or counsel Any court commissioner orjudge, acting as a court commissioner', violatingthis section' shall forfeit $25 for each violation,and shall also be subject to removal from office . .' . History: . 1977 c . . 187 s . 96 .

757.24 Liabilityyof judi cial officers. Circuit,judges and court commissioners shall be heldpersonally liable to any party injured for anywilful violation of the law in granting injunc-tions and appointing receivers, or for refusing tohear motions to dissolve injunctions and to dis-charge receivers if the motions are made inaccordance with law or such rules as are promul-gated by the supreme court .History: 1977 c„ 187 s, 96 ; 1971 c . 449,

757.25 Money in court , how deposited.The judge of any roust of record on the applica-tion of a party to any action or proceedingtherein who has paid into court the sum of onethousand dollars or more in such action ofproceeding may order such money to be depos-ited in a safe depository until the further order ofthe court or judge thereof. After such moneyhas been so deposited it shall be withdrawn onlyupon a check signed by the clerk of the courtpursuant to whose order the deposit was madeand upon an order made by such court or thejudge thereof'.. .

His tory: 19'77 c 187 s.. 96.

757:26 Court officers, liability of to arrest .The officers af'the several courts of record shallbe liable to arrest and may be held to bail in thesame manner as other persons, except during theactual sitting' of any court of which they areofficers ; and when sued with any other person



: earned and stating that according to the officialacademic records of such school the applicanthas satisfactorily completed at least the mini-mum of legal studies required for the first de-gree inlawn and the total semester hours were notless than 84; and such studies included not lessthan 60 semester hours of accredited study,satisfactorily completed in regular courses hav-ing as their primary and direct subject mattersthee study of 'rules and principles of substantiveand procedural law as they may arise in thecourts and administrative agencies of the UnitedStates and this state in the areas generallyknown as : administrative law, appellate practiceand procedure, commercial transactions, con-flict of laws, constitutional law, contracts, cor-porations, creditors' rights, criminal law andprocedure, damages, domestic relations, equity,evidence, future interests, insurance, jurisdic-tion of courts, labor law, legislation, ethics andlegal responsibility of the profession, partner-ship, personall property, pleading and practice,public utilities, quasi contracts real property,taxation, torts, trade regulation, trusts, and willsand `estates : There shall be included in theminimum not less than 30 semester hours cover-ing the following subject matters : constitutionallaw, contracts, criminal law and procedure, evi-dence, ,jurisdiction of courts, ethics and legalresponsibilities of the legal profession, pleadingandd practice, real property; torts, ' wills and es-tates . These requirements may be satisfied bycombinationss of the curricular courses, and thedean of each law school in Wisconsin shall filewith the clerk of the supreme court upon itsrequest a certified statement setting forth thecourses taught in his or her law school which areaccredited for a ' first degree in law and thepercentage of ' the time devoted in each course tothe subject matter , of the areas of law requiredby this rule .e for, eligibility to admission on thediploma privilege . In addition to these require-ments'a law school may require other courses orpractical training, for which credit toward adegree may or may not be given, as a prerequi-site to its certification offeligibility for admissiononthe diploma privilege :` ( ' c) The clerk of' the supreme court shallcompile a record of all law schools, which areapproved by the American bar association, withthe date of such . approval and those which arenot approved; and such record so compiled shallconstitute an official record of the supremecourt, and proof ' of the fact that the law schoolstherein,stated as approved by the American barassociation ' were so approved at the timestherein stated . .

(2) ADMISSION ON CERTIFICATE, Every per-son 21 years of age or over and of good moralcharacter who is a citizen of the United States

and a resident of this state and a graduate of anylaw school which at the time of his or hergraduation was approved by the American barassociation shown by the record of the clerk ofthe supreme court, . shall, upon the production ofthe certificate of the board of attorneys profes-sional competence, be admitted to practice lawin this state by the supreme court, and when thecourt is not in session, by one of the justices, byan order signed by a justice and filed with theclerk of the court . . A certificate shall be given bythe board of attorneys professional competenceto every person who successfully passes an ex-amination given by the board of attorneys pro-fessional competence covering all or, part of thesubject matter in the areas of law listed in sub .(1) (b) .

(3) ADMISSION ON PROO F OF PRACTICE ELSE-WHERE, (a) Ever'y person 21 year's of age or- overandd of good moral character who is a U .S .,citizen and a resident of this state and who hasbeen admitted to practice law in any other stateor states or territory, or the District of Colum-bia, may be admitted to practice laww in this stateby the supreme court upon motion, or, when thecourt is not in session, by one of the justicesthereof', after filing withh the clerk of the supremecourt the per-son's written application therefor, acertificate of'the person's admission to practicelaw by a court of last resort in the other state orterritory or the District of Columbia and satis-factory proof that he or she is a U .SS citizen anda resident of this state, is of good moral charac-ter, and has been engaged in actual practice inthe other state or, .states or territory or theDistrict of Columbia or in the courts of theUnited States for 5 years within the last 8 yearsprior to filing the application, exclusive in eachcase of time spent in the armed forces Thecertificate of'the,judge of any court of record inthe other state or, territory or the District ofColumbia or court of the United States, beforewhom the applicant has practiced, under theseal of'the court, may be deemed sufficient proofof' the practice in the state or, tezritar ;y or theDistrict of Columbia or court of the UnitedStates,.

(b) Applications by attorneys for admissionto the bar under this section, together withsupporting proofs, must be filed with the clerkEach applicant shall, at the timee of filing theapplication, deposit with the clerk the sum of$225 or other amount as may be required for- theinvestigation as may be necessary to satisfy thecourt that the applicant is of good moral charac-ter, and has been engaged in the actual practiceof the law in the state or, te c ritory from which theapplicant comes for the required period .. Appli-cations shall be in the form prescribed by thecourt,



(4) SERVICE COUNTED AS PRACTICE OF LAW,

Service as,judge of a court of'record of any stateor territory or the District of Columbia or of theUnited States, service in any department of theUnited States government including service inthe armed' forces determined by the supremecourt to be actual legal service, and teaching inany law school which is approved by the Ameri-can bar, association, may be deemed to be actualpractice of law' for the purpose of sub . . (3), andsuch law teaching or such legal service per-formed in this state as well as in such other stateor stales or territory or District of Columbia willbe counted under the 5 and 8 years' tests pro-vided in sub .. (3).

Hi story : Sup. . Ct Order, 48 W (2d) vii; Sup. . Ct . Order, 50W (2d ) xxiii; Sup. Ct . Order-, 59 W (2d) vii; Sup . Ct. Order,74 W (2d) ix; 1977 c . T87,ss. 91, 96; Sup . Ct. Order, 81 W(2d ) xxxv; 1977 c 272; Sup. . Ct, Order, 86 W (2d) xiii ; Sup . .Ct, Order, eff' 1-1-80 .,NOTE : The Supreme Court Order dated December 11 ,

1979, effective January ° 1 , 1980, states that an equiv alent pro-v ision is contained in the Supreme Court Rule s. See SCR40.02.

Admission upon diploma to the Wisconsin bar . 58 MLR109

Bar examinations ; good moral character and political in-quiry 1970 WLR 471 ..`

757 .281 Board of attorneys professionalcompetence. (1) , COMPOSITION. The board of'attorneys professional competence consists of 9members appointed by the supreme court for 3year terms. The terms of the members are to bestaggered so that the terms of '3 members expireeach year' . A member may not serve more than 2successive 3 year terms. Fivee members must bemembers of' the state bar of' Wisconsin, whoshall maintain their principal offices within thisstate .. Foul members must be selected from thejudiciary of this state, the faculty of the lawschools of this state, and the public . . The statebar of Wisconsin may recommend persons forappointment to the board . A board member isentitled to be reimbursed for expenses in connec-tion with membership on the board .:

(2) DUTIES., The board of attorneyss profes-sional competence is charged with the examina-tion of'applicants for admission to the bar unders 757 :28 (2) and such other duties as may beassigned to it by the supreme court .

(5) RULES, The supreme courtt shall, fromtime to time, promulgate rules relating to thequalifications of applicants f'or, examination,their' courses of` study and the standard of ac-quitements to entitle them to admission to prac-tice law in this state, and such other rulesrelating to the examination of applicants foradmission to the bar as the court deems neces-sary'or desirable. The board may adopt such

757 .282 Bar examination . Thee bar exami-nation shalll be administered by the board of'attorneys professional competence and shallconsistt of questions on the subject matter of thecourses set forth in s . 757,28 (1), Applicationsfor permission to take the examination shall befiled with the board. To be eligible for, theexamination, an applicant shall have received adegree in law from a law school approved by thecouncil on legal education and admission to thebar of the American bar association . A fee of$125 shall be paid: to the board by each applicantbefore taking any examination .His tory : Sup . Ct Order, 48 W (2d) vii; Sup . . Ct, Order, 74

W (2d) ix; 1977 c. 187 ss, 96,135 ; Sup. Ct, Order, 81 W (2d)xxxv ; Sup,'Ct. Order, 86 W (2d) xiii; Sup. . Ct Order, eff. 1-1-so, _NOTE : The Supreme Court Order da ted December il,

1979, effective January 1 , 1980, states that an equivalent pro-vis ion , is contained in the Supreme Court Rules, See SCR40.03e

757.285 Suspension on conviction ofcrime. (1) SUMMARY SUSPENSION . . Upon re-ceiving satisfactory proof that an attorney hasbeenn convicted of a serious crime, the supremecourt may summarily suspend the attorney,pending final disposition of a disciplinary pro-ceeding, whether the conviction resulted from aplea of guilty or no contest or from a verdictafter trial, and regardless of the pendency of anappeal .

(2 ) SERIOUS CRIME, DEFINITION: The term"serious crime" means a felony or any lessercrime which, in the opinion of'the court, reflectsupon the attorney's fitness..

(3) REINSTATEMENT ON .REVERSAL. An at-torney who has been summarily suspended uponconviction will be reinstated immediately on thereversal of his or her conviction. The reinstate-ment will not terminate any disciplinary pro-ceeding then pending against the attorney .

( 4) FILING 'CERTIFICATE OF CONVICTION .The clerk of any court within the state in whichan attorney is convicted of any crime `except atraffic violation not constituting a felony, willtransmit a certificate of conviction to the clerk


Mules and forms relating to its procedure andholding and conducting its meetings and investi-gations as it deems necessary,

History: Sup .. Ct Order, 48 W (2 d ) vii ; Su p . Ct Order, 51W; (2d ) vii ; Su p .. Ct„O rder , 64 W (2d ) vii ; Sup .: Ct. Order, 7 4W (2d ) ix;1977 c ,P87ss. 96 ; 1 .35 ; Sup . Ct Order, 81 W (2 d )ix; Sup Ct, Order-, eff. 1-1-80NOTE : The Supreme Court Order dated December ll,

1979, effective January 1, 1980, states that an equivalent pro-visionn is contained in the Supreme Court Rules, See SCR21.01 .


(c) Do any legal research or other law workactivity in a law office ;

(d) Write brief's or trial memoranda ; or(e) Perform any services for- him or her either

on a salary or a percentage or a fee-splittingbasis, except that he or she may share attorneyfees equal to the reasonable value of the servicesrendered regardless of any agreement as tovalue, but only for services performed prior todisbarment or suspension, and based solely onthe value to the lawyer- of the services per formedprior to disbarment or suspension . An agree-ment with reference thereto shall be made at thebeginning of the new representation and in caseof disagreement the fee arbitration committeeshall arbitrate the disagreement,

History: Sup Ct . Order; 56 W (2d) vii ; 1977 c . 187 s 96 ;Sup . Ct . Order, eff 1-1-80 ; 1979 c 170NOTE: The S upreme Court Order dat ed December 11,

197 9, effe ctive January 1 , 1980; s tat es that an equivalent pro-vision is contained in the Supreme . Court Rules. See SCR11 . 04. -

757 .29 Attorneys regulated . (1) ATTOR-NEY'S OATH Each person admitted to practice asa member, of `the bar of any court of this stateshall subscribe the roll of'attorneys to be kept bythe clerk and shall in open court take an oath ofaffirmation of the tenor following, to wit : I dosolemnly swear:

I will support the constitution of the UnitedStates and the constitution of the state ofWisconsin ;

I will maintain the respect due to courts ofjustice and judicial of'f'icers ; .

I will not counsell or maintain any suit orproceeding which shall appear to me to beunjust, or any defense, except such as I believe tobe honestly debatable under the law of the land ;

I will employ, for the purpose of maintainingthe causes confided to me, such means only asare consistent with truth and honor, and willnever seek to mislead the judge or jury by anyartifice or false statement of fact or, law;

I will `maintain the confidencee and preserveinviolate the secrets of my client and will acceptno compensation in connection with my client'sbusiness except from my client or with myclient's knowledge and approval;

I will abstain from all offensive personalityand advance no fact prejudicial to the honor orreputation of a party ar, witness, unless requiredby the justice of the cause withwhich I amcharged ;

I will never reject, from any considerationpersonal to myself, the causee of the defenselessor oppressed, or delay any person's causee forlucre or malice. So help me God„

(Z) UNPROFESSIONAL CONDUCT , It is unpro-fessional conduct and grounds of disbar merit forany attorney to violate anyy of the . provisions of

757.287 Activities on revocation or sus -pension of license . (1) WINDING UP THEPRACTICE. Unless otherwise ordered by thecourt, a suspended or disbarred lawyer shall,within the first 30 days of disbarment or suspen-sion, make all arrangements for the permanentor temporary closing of his or her office, as thecase may be, or of the winding up of his or herparticipation in the law firm, ifthere be such,and for such purposes only may be present in theoffice to aid in clients or successorr attorneysprocuring the files, and in the making- by othersof arrangements for the taking over of clients'work in process If the suspended or disbarredlawyer shall abscond, either prior or subsequentto suspension, or if he or she is not available orable, for any other reason, to deliver of assist inthe delivery of his or her former clients' files andpt'opect,y, the court may by order authorize arepresentative of'the state bar of Wisconsin or ofthe local bar association, of a public official, toenter the offices of the suspended or disbarredattorney or, other location as may be necessaryfor the sole purpose of protecting the clients'rights, the clients' files and the clients' property,and the delivery thereof to the clients or theirSuccessor counsel

(Z)PROHIBITED ACTIVITIES, A suspended 0I'disbarred lawyer during his or her suspension ordisbarment may not engage in any law workactivity, except 'for, a commercial employer notitself engaged in the practice of law . Law workactivity shall include, in the case of a suspendedor disbarred attorney, matters associated withthe practice of law, notwithstanding the factthat the work may customarily, be done by lawstudents,,, law clerks or , other : paralegalpersonnel ;,

(3) NONPERMITTED ACTIVITIES OF OTHERLAWYERS A member of" the bar of this statemay not use the name of a disbarred or sus-pended lawyer in a firm name or association inthe practice of law, and may not authorize orknowingly permit a disbarred or, suspended law.-Yer,to:

(a) Interview clients or witnesses or partici-pate therein, except that in the course of employ-ment by a commercial employer he or she mayinterview witnesses and participate in the inves-tigation of claims ;

(b) Prepare cases for trial ;

757.285 GENERAL COURT PROVISIONS

of the supreme court within 5 days after theconviction .

History : S up. Ct . Order, 48 W (2d ) vii ; Su p . Ct, Order, 74W ( 2d ) i x; 1977 c . 1 87 s 96 ; Sup.. C t . Oi d er, eff, 1-1-80 ; 1979c .. 1 10 s . 60 (b)NOTE: The Supreme Court . Order dated December 11 ,

1979, effective January 1, 1980, states that an equivalent pro-vision is contained in the Supreme Court Rules „ See SCR11 .03.

4526


and other property belonging to the client .. Un-less the client otherwise di r ects in writing when-ever an attorney collects any sum of money uponany action, claim or proceeding, either by way ofsettlement or after trial or hearing, he or sheshall promptly deposit his or her client's funds ina bank or trust company or savings and loanassociation, author ized to do business in thisstate, in a bank account separate from his or her ,own account and clearly designated as "Clients'Funds Account" or "Trust Funds Account", orwo r ds of' similar, import .. The attorney, with thewritten consent of tl a~ client, may deposit theclient's funds in a segregated client's trust ac-count with all interest accruing thereon to theclient., Unless the client otherwise directs inwriting, securities of 'a client in bearer form shallbe kept by the attorney in a safe deposit box at abank or trust company authorized to do businessin this state, which safe deposit box shall beclearly designated as "Clients' Account" or"Tiust Account", or words of similar import,and be separate from the attorney's own safedeposit box .

(2) A member of' the state bar shall maintainand preserve ' fbr, at least 6 years completerecords pertaining to client's funds or assetsreceived by him or her which are required to bedistributed or segregated by sub . (1) Therecords shall include his or her t rust fund check-books and the stubs thereof, bank statements ofthe account, vouchers and canceled checksthereon and hiss or her account books showingdates, amounts and ownership of all deposits toand withdrawals by check or' otherwise from theaccounts, and all of ' the reco r ds shall be deemedto have public ' aspects as related to such mem-ber's fitness to practice law . Upon request o ftheboard of attorneys professional r esponsibilit y, orupon direction of the supreme cou r t, the recordsshall be submitted to the board for its inspection,audit, use and evidence unde r such conditions toprotect the privilege of clients as the court mayprovide . The records, or an audit thereof, mustbe produced at any disciplinary proceeding in-volying the attorney wherever material Failureto produce the records shall constitute unprofes-sional conduct and grounds for disciplinaryaction

(3) A member of ' the state bar of Wisconsinshall file with the state bar annually, with pay-ment of the member 's state bar dues or uponsuch other date as approved by the supremecourt, a certificate stating whethe r the memberis engaged in the private practice of law inWisconsin and, if so, the name of each bank,trustt company, or savings and loan associationin which the member maintains a trust account,safe deposit box, or both, as requi red by thissection . A partnership or professional legal

the oath prescribed by this section ; or to stir upstrife and litigation; or to hunt up causes ofaction and inform thereof, in order to be em-ployed to bring suit, or to breed litigation byseeking out those having claims for pe r sonalinjuries or other grounds ofaction in order tosecure them as clients ; or to employy agentss orrunners for- like purposes or to pay or reward,directly or indirectly, those who bring or influ-ence the bringing of such cases or business to theattorney's office, or to remunerate police of-ficers, court or, prison officials, physicians, hos-pital attaches or others who may succeed ininfluencing the criminal ; the sick, the injured,the ignorant or others to seek his or her profes-sional services; or to violate the disciplinaryrules of the American bar association code ofprofessional responsibility, as adopted by thesupreme court. This subsection does not pro-hibit: the advertising of legal services as permit-ted under s. 757.296.

(3) VOID CONTRACT LEGAL EFFECT .. Anycontract of` employment obtained or made inviolation of this section shall be absolutely voidas to the attorney; but the client may recover anycompensation paid thereunder to or for or re-ceived by the attorney on account of such em-ployment . The attorney shall not be allowed toprosecute or defend the action or proceedingcontemplated by such employment . .

History: Sup . Ct. Order, 48 W (2d ) v ii ; 1975 c 94 s . 9 1( 12 ) ; 1975 c . 1 99 ; 1977 c 18 7 s.. 96; 1977 c, 357, 447; Sup. .Ct„ Order, eff', 14-80 . .NOTE: The Supreme Court Order dated December 11 ,

1979, effective January 1 , 1980, states that equivalent provi-sions are contained in the Supreme Court Rules. See SCR11.01 SCR 40. 15.

In a wil l contest where objectio n to the executi on of the willw i tnessedd by an attorney representing the prop onen t is i n is-sue , the atto r ney sho uld withd raw fromthe cas e ( which re-quirement is not satisfied by having his par tner t ry the cas e) ,the rule being a question of ethics and, not o nee of competen cyof test i mony . . Estate o f Elv ers, 48 W ( 2d ) 17, 1 7 9 NW (2d )881 . -

Haras sment of a j udge to force him to change the ope ra -tion of his court or resi gn, by th re ats of criminal prosecution,constitutes unp ro fessio na l conduct , State v . Eisenberg , 48 W(2d ) 364 ,180 NW (2d) 529

Suspension on f ailure to an swer complaint, . Sta te v..Stumpf; 63 W "{ 2d } 340 , 2 1 7 NW (2d) 276.

An attor ney is a professional not merely 8 hou rs, 5 days aweek, but 24 hours every day, and his moralit y or lack thereof 'may be revealed by delinquencies indicating an absence ofhonesty, probity, integrity,' and, fidelity to trust s despite.e thefact that the incident s evidencig these insufficiencie s d o notinvolve transaction s with hi s clients . State v . McNamara, 68W (2d). 701 , 229 NW ( 2d) 698

Attot ney; s personalit y dis order, as di stinguished ft om psy-ch osis, is no defense to professional misconduct charge nor isit cause for medical suspension:. State v. . Ledvina, 7 1 W ( 2d)195 , 237 NW (2d ) 683 ,

Professional responsibility and probate practices . . Mar tin ,1975 WLR 911 ,'

757.293 Trust accounts required . (1) Amember of the state bar shall not commingle themoney or other property of a client with his orher own, and he or she shall promptly report tothe client the receipt by him or her of all money

4527 GENERAL COURT PROVISIONS 757 .293


corporation may file one certificate on behalf ofits partners, associates, or officers who are re-quired to file under this section .. The failure of'amember to file the certificate required by thissection is grounds for automatic suspension ofthe member's membership in the state bar in thesame manner as provided in section 6 of rule 2 ofthe Rules of the State Bar of Wisconsin fornonpaymentt of dues . The filing of a falsecertificate is unprofessional conduct and isgrounds for disciplinary action . The state barshalll supply to each member, with the annualdues statement or at such other time as directedby the supreme court, a form on which thecertification must be made and a copy of thissection,His tory : Sup. . Ct . Order, 48 W (2d) vii; Sup . Ct Order, 74

W (2d) ix, xvii ; 197'7 c,18'7 s . 96; 1977 c.. 272 ; Sup .. Cf. Order,eff`, 1-1-80 .NOTE: The Supreme Court Order dated December 11,

1979, effective Januar y 1, 1980, states that an equivalent pro-vision is contained in the Supreme Court Rules. . See SCR.11,05 .

the issuance by an attorney of 49 checks drawn upon hisclients' tru st account wit h in a 1 3-m onth' period-some forpersonal purposes or for loans to others, and all dishonored bythee bank for lack of sufficient funds-constituted unprofes-sional conduct for which he is suspended from the practice oflaw for one year and or d ered to pay up to $500 of the costs ofthis proceeding„ State v Stoveken, 68 W (2d) 716, 229 NW(2d) 224 ,

757 .294 Group or prepaid legal servicesplans. (1) A "group or prepaid legal servicesplan" means a plan by which legal services arerendered to a person participating in the plan byan attorney recommended or, selected as pro-vided in the plan .

(2) An attorney may furnish legal services inthis state pursuant to a group or prepaid legalservices plan which complies with the followingconditions:

(a) The plan must be written and provide :1 The benefits to be provided, including all

exclusions and conditions;2 . Procedures for the review and resolution of

disputes arising under: the plan ;3 . That a person participating in the plan may

obtain legal services independently of the plan ;4 That an attorney furnishing legal services

under the plan is free to exercise independentprofessional judgment and shall not engage inany` misconduct as defined by the rules gov-erning enforcement of attorneys professionalresponsibility; and

'S . That the sponsoring organization or anyperson or entity. connected with it shall notdirectly or indirectly derive a profit from orretain any part of the consideration paid forrrendering legal servicess except those amountsutilized to

a . ; Improvee the benefitss of thee plan ;

;b . . . Reimburse the plan for . its reasonable andnecessary administrative expenses ; or

c Refund surpluses to the users of the legalservices . and enrollees in the plan, but not tomembers of 'a sponsoring organization who havenot enrolled in or used the plan .

(b) A description of the terms of " the planmust be given to each participant.

(3) An attorney shall not engage in miscon-duct as defined by the rules governing enforce-ment of attorneys professional responsibility inthe development of administration of a group orprepaid legal services plan .

(4) (a) An attorney furnishing legal servicespursuant to a plan shall on or before January 31of each year report to the state bar on formsprovidedby it a summary of the plan operationor thee attorney's participation in it, includingbut not limitedd to all relevant fee schedules, thenumber of persons receiving, legal services, andthe kinds of benefits provided .

(b) An attorney' ot . sponsoring organizationof a ' proposed plan shall file the plan with thestate bar- before the plan becomes operative andma ,y ;inform interestedd persons that the plan hasbeen registered with the state bar .

(5) " All information filed pursuant to thissection is confidential if' so requested in writingat the time of filing, except thee name of the plan,the name and address of" its sponsoring organi za-tion, the fact that it has an arrangement for theprovision of legal services, and the names of theattorneys providing the services. Plans andrequired reports filed pursuant to the r ule shallbe otherwise open foc~ inspection All informa-tion is available to authorized representatives ofthe supreme courtand the state bar for- informa-tion purposes and for disciplinary and ethicalinvestigations or proceedings except as providedin this mule.

(6) An attorney who receives a written noticeof objection to an arrangement or practice dis-closed by his report made pursuant to this rule orthe state bar guidelines, shall be afforded astated reasonable time as provided by the guide-lines and procedures; within which to conformthe arrangement or practice to professional ethi-cal standards, this rule and the guidelines or tofile an explanation and other supplementarymater ials , During suchh period the report isprivileged and may not be used for disciplinarypurposes. Thiss privilege does not apply to anattorney who files an intentionally false or 'fraudulent report ,. Failure to conform the ar-rangement or pract ice to professional ethicalstandards or to dissociate from an arrangementwhich continues nott to conform, after the expi •-ration of the time fixed in the notice of objection,



no person may solicit legal matters or a retainer,,written or oral, or any agreement authorizing anattorney to perform or render legal services ..

(2) SOLICI7A IION OF A RETAINER FOR AN AT-TORNEY, Except as provided under s . 757 . .296,no person may communicate directly or indi-rectly with any attorney or person acting in theattorney's behalf' for the purpose of aiding,assisting or abetting the attorney in the solicita-tion of legal matters or the procurement throughsolicitation of a retainer, written or oral, or anyagreement authorizing the attorney to pe rformor render legal services .

(3) EMPLOYMENT BY ATTORNEY OF PERSONTO SOLICIT LEGAL MATTERS Except as providedunder s . 757 .296, no attorney may employ anyperson for the purpose of'soliciting legal mattersof the procurement through solicitation of aretainer, written or oral, or of any agreementauthorizing the attorney to perform of renderlegal services.

(4) PENALTY, Any person guilty of any viola-tion of'lhis section shall be imprisoned not morethan 6 months or fined nott exceeding $500 .His tory : 197'7 c . 187 s„ 96 ;1972 c. 273, .357 ; 1977 c . 447 ss

190, 210. .See note to art, I, sec. 3, citing I n Re Primus, 436 US 412

(1978).SSolicitation may be barred even though "speech" is com-

ponent of that activity.. Ohralik v .. O hio State Bar Assn 436US 44'7 ( 1 978) .

757;296 Advertisement of legal services.(1) Notwithstanding any other law, any attor-ney may advertise in a manner' that is not falseand misleading information relating to his or herprofessional qualifications, fees :customarilycharged f"or, aan initial consultation, the availabil-ity of fee estimates f'or, sspecific services and feesregularly charged for nonvariable services,

(2) In this section :(a) "Professional qualifications" means :

name, including name of law firm and names ofprofessional associates ; addresses and telephonenumbers; fields of law in which the lawyer or lawfirm concentrates; a statement that practice islimited to one or more fields of law; date andplace of birth ; date and place of admission to thebar of state and federal courts ; schoolss attendedwith dates of graduation ; degrees and otherscholastic distinctions ; public or quasi-publicoffices ; military service; posts of honor ; legalauthoiships; legal teaching positions, member-ships, offices, committee assignments and sec-tion' member-ships in barr associations; member-ships and offices in legal fraternities and legalsocieties; technical and professional licenses ;memberships in scientific, technical and profes-sional associations and societies; foreign lan-guage ability; names and addresses of references

shall terminate the privilege afforded by thisrule . . .

(7) Failure by an attorney to file a timelyreport required by this sectionn constitutes mis-conduct and may be grounds for disciplinaryaction under the rules governing enforcement ofattorneys professional responsibility .,

(8) ' The board of governors of the state bar ofWisconsin shall adopt guidelines and proceduresfor the administration of this section after con-sultation with representatives of sponsoring or-ganizations and participating attorneys: Theguidelines and procedures- aree effective uponapproval by the supreme court .History: Sup Ct Order, 55 W (2d) xi ; Sup . Ct Order, 77

W (2d) ix ; Sup, Ct. Order, 79 W (2d) xi ; 1977 c. 187 s . 96 ;Sup . Gt . Order, 90 W (2d) xv; Sup .. Ct . Order, eff'. L-1-80 .NOTE: The Supreme Court O rder d ated December 11 ,

1979, effective January 1, 1980, states tha t an equivalent pro-vision is contained in the Supreme Court R ules. See SCR1 1 . 06.NOTE: G uidelines and P rocedu res (Effective 7- 1 -79) .(1) Information filed :wit h the sta te b ar is privi leged and

shall not be used in anydiscipl in ary: proceeding exce pt as pro-vided by supreme court rule 757.294, s lats :, an d will be ex-amined for completen ess: Incomplete forms wi ll be returned tothe registrant with an appropriate explana tion.

(2) Each report will be examined for co nformity: w i thsupreme court rule 757. s lats ., and professional ethicalstandards. A registered attorney will be advised, in writing, ofany problem s found in the re port and afforded an oppo rtunityto res pond to questions raised as to the group arrangement orprac tice di sclose d in su ch report.

(3) The spec ial c ommittee on group and pre paid legal ser-v ic es may con c lude that no fur theraction is necessary in thecase of an attorney who after receiving a notice of obj ectionfiles supplementary materials, within the time stated in suchnotice, which satisfy th e committee .

(4) Wh ere an et hics opinion is sought by the s pecial c om-mittee on group and prepaid legal services beca use of un cer-tainty as to the professional propriety of an arrangemen t orpractice disclosed by a report, and the pro fessional ethics com-mittee concludesthat a particular a rrangement or practice vio-lates standards of professional co nduct, the attorney i nvolvedshould be advised promptl y o f s uch opi nion and gi ven a statedressonnble time, not to exceed 90 days, unless extended by thespecial comm ittee on group and p repaid legal services, forcause, withi n which to conform the arrangement or practice toprofessional s tandards or to dissociate from such arrangementwhich continuesnot to conform..

(5) An opini on fromthe professional et hics comm i tteeshall not be a pre requisite to a decision by t he s pecia l commi

betee on group and p repaid lega l se r vices to file a complaint orreport with the boa rd of attorneys professional responsibilityi n a s ituation in which the committee concludes that such adecision i s warranted .

(6) Consultation with repr esentatives of sponsoring orga-nizations prior to the board of govern ors adopting guidelinesand procedures for the admini stration of sec (Rule) 757.294meanswritten communication and does not require a hearing,unless request ed in writing by a sponsoring organization orother interes ted person. S uch written communication s hall bemadee to all attorneyss partic ipati ng in registered plans and plannadministrators, and shall includ e a request that the attorneysand plan adm inis trator s communicatee the subs tance of thewritten communications in an appropriate manner to their planparticipants.

757.295 Barratry . (1) SOLICITING LEGALBUSINESS Except as provided under s.. 757,296,



and, . with, their consent, names of clients iegu'=laxly represented; whether credit cards or othercredit arrangements are accepted ; and officeand other' hours of availability .

(b) "Nonvariable services" means servicesfor, which a fee can be objectively determinedprior to the time the services are rendered .

His tory : 1977 c 357, 447 ; Sup, Ct Order, eff' 1-i-80 .NOTE: The Supreme Court Order' dated December 11,

19 79 , effecti ve January 1 , 1980, states that an e qui val e nt pro-vision is contain ed in the Suprem e Court Rules. See SCR20.08.

757 .30 Penalty for practicing without li-cense. (1) Every person, who without havingfirst obtained a license to practice law as anattorney of a court of record in this state, asprovided by law, practices law within the mean-ing of sub (2), or purports to be licensed topractice law as an attorney within the meaningof sub . (3), shall be fined not less than $50 normore than :$500 or imprisoned nott more thanone year in the county jail or both, and inaddition may be punished as for a contempt . .

(2) Every person who appears as agent,representative or attorney, for or, on behalf ofany other person, or any firm, copartnership,association or corporation in any action or pro-ceeding in or before any court of record, courtcommissioner, or judicial tribunal of the UnitedStates, or of any state, or who otherwise, in orout of court, for compensation or pecuniaryreward gives professional legal advice not inci-dental to his or her usual or ordinary business, orrenders any legal servicee for any other person, orany dim, copartneiship, association or corpora-tion, shall be deemed to be practicing law withinthe meaning of this section .

(3) Every person who uses the words attor•-ney at law, lawyer, solicitor, counselor, attorneyand counselor, proctor, law, law office, or otherequivalent words in connection with his or hername or .ariy sign, advertisement, business card,letterhead, circular, notice, or other writing,document' or design, the evidentt purpose ofwhich is to induce others to believe or under-stand the person to be authorized to practice lawor who in any other manner represents himself'or`herself either verbally or in writing, directlyor- ; indirectly, as authorized to practice law inthis state, shall be deemed to be purporting to belicensed to practice law as an attorney within themeaning of this section

(4) No person shall practice law in this stateunder any other given name or any other, sur-name than that under' which originally admittedto the < bar, of this or any other state, in . anyinstance in which the boardd of attorneys profes-sional competence shall, after a hearing,, find

757 .32 Trial judge not to be counsel . Noperson shall be employed or allowed to appear ascounsel or attorney before any court .t in anyaction which shall have been previously deter-mined before such person as a judge or justice . .Histor y: 197'7 c 187 s . 96 ; 1977 c . 27 :3 ; Sup . Ct Order, efP.

i-i-aoNOTE: The Suprem e Court Orde r dated December 11 ,

1979, effecti ve January 1 , 1980 , states that an equivalent pro-vision i s contained in - the ' Supreme Court Rules ;, Se e SCR11 .08"

757 .34 Attorney not to be bail , etc. Noattorney practicing in this state shall be taken asbail or security on any undertaking, bond orrecognizance in any action or proceeding, civilor criminal, nor .r shall any practicing attorneybecome surety on any bond or recognizance forany sheriff, constable, clerk of court or munici-pal judge.,

History: 1977 c . 187 s, 96 ; 1917 c ; 305 s, 64.

757.35 . Blan k , process to attorneys. Theclerks of'the courts of'record may deliver to anyattorney of "their courts, in blank; any and allprocesses which may be requisite : for.- the prose-cution of or carrying on any action or specialproceeding in such courts, or the enforcement ofany order or judgment therein :. All processes, sodelivered, shall be signed by the clerk officiallyand have the seal of the court impressed thereonand may be completed by the attorney, and shallhave the same forcee as if the same were per-fected by the clerk

History : 1977 c 187 s 96„

757.36 'Lien on proceeds of action to en -force cause of action . Any person having orclaiming a right of action, sounding in tort or for,unliquidated damages on contract, may contractwith any attorney to prosecute the action andgive the attorney a lien upon the cause of actionand uponn the proceeds or damages derived in


that practicing under the changed name oper-ates to unfairly compete with another practi-tioner or to mislead the public as to identity or tootherwise result in detriment to the profession or,the public . Any person violating this subsectionshall be subject to the penalty provided in sub ..(1) This subsection does not apply to a changeof name resultingg from marriage or divorce .

History : 197 ' 7 c . 26 ; 1977 c , 18 ' 1 s . 96 ; 1979 c 98See note to Art . 1, sec, 3, citing Hopper v . . Madison, 79 W

(2d)120, 256 NW (2d) 139 .Officers and employes of a bank are not illegally practic-

ing law where they fill out lease forms which have beendesigned and prepared by the attorney representing the ownerof the property being leased under a property managementagreement between the owner and the bank . 60 Atty . Gen .114 .

Drafting of articles of incorporation constitutes the prac-tice of law within meaning of (2) 65 Atty Gen .. 17 .3 ..

Sub (2) is inapplicable to practice in federal courts .United States v Peterson, 550 F (2d) 379


any action brought for the enforcement of thecause of action, as security for fees in theconductt of the litigation ; when such agreementis,made and notice thereof' given to the oppositeparty or his or her attorney, no settlement oradjustment of the action may be valid as againstthe lien so created, provided the agreement forfees is fair and reasonable . This section shall notbe construed as changingg the law in respect tochampertous contracts ..

Histo ry : 1973 c 187 s 96 . .

757.37 When action settled by parties ,what proof to enforce lien. Ifany . such causeof action is settled by the patties thereto afterjudgment has been procured without notice tothee attorney claiming the lien, the lien may beenforced and it shall only be required to provethe facts of the agreement by which the lien wasgiven, notice to the opposite party or his or herattorney and the rendition of'the judgment, andif any such settlement of the . cause of action ishad or effected before judgment therein, then itshall only be necessary to enforce the lien toprove the agreement creating the same, notice tothe oppositee party or his or her attorney and theamount for which the case was settled, whichshall be the basis for the lien and it shall not benecessary to prove up the original cause ofaction in order to enforce the lien and suit .

History: 1977 c . 187 s . 96

757.38 Consent of attorney in settlementof , actionss for personal inju ries. No settle-ment or adjustment of any action which shallhave been commenced' to recover, damages forany personal injury or for the death as a result ofany personal injury in which an attorney shallhave appeared for the person or persons havingor' claiming a right of action : for, such injury ordeath shall be valid, unless consented to inwriting by such attorney or by an order of thecourt in which said action is brought : approvingof such settlement or' adjustment,

History: 197 7 c 187 s. 96

757 .39 Judges may direct calendars to beprinted. The judges of the several: courts ofrecord havingg civil jurisdiction may, in theirrdiscretion, direct thee respective clerks thereof toprepare printed calendars of the causes to beheard at the several terms, which shall be in theform and contain such matter, as the judge maydirect. The expense of the printing shall be paidout of the county treasuiy.

History: 19'17 c 1 s 7 s.; 96 .

757 .40 Law library. Any circuit judge may,whenever- he or she deems it desirable, purchaseor>direct the clerk of the circuit court for any

757.41 Law library ; . Milwaukee county.The county board of any county having a popu-lation of 250,000 or more may acquire by gift,purchase or otherwise, a law library and lawbooks,., and shalll house the law library andadditions .s in the courthouse or in suitableequarters elsewhere, and may make, and enforceby suitable penalties, rules and regulations forthe custody, care and preservation of the booksand other property, contained in said librai ,y.The county board shall provide reasonable com-pensation for the law librarian and such assist-ants as are necessary for the proper care andmaintenance of the library . The librarian andassistants shall be appointed as the county boarddetermines, pursuant to ss . 63 01 to 63 . . 17 . Insuch a county the librarian shall perform all ofthe duties imposed by s 757 40 upon the clerk ofthe circuit court and such clerk shalll be freefrom all responsibility imposed by that section . .The..e purchase of additional law books, legalpublications, periodicals and works of referencefor the library may be directed by each of thecircuit judges of such county under s . 757 .40 .The library shall be kept open every daythroughout the year, except Sundays and holi-days, f̀or such hours as the county board directs,but the county board may determine by ordi-nance that the library be closed on Saturdays .Attorneys and the general public shall be per-mitted to usee the books in the library in thebuilding housing' the library under such rulesand regulations as the county board adopts , .

,History: 197 1 c . 111 ; 19 ' 11 c. 187 ss, 96,135

757.45 Shar ing of compensation by attor-neys' prohibited . It is unlawful forany personto divide with or receive from, or to agree todivide with or receive from, any attorney or


county in his or her circuit to purchase law booksand subscribe for the periodical reports of any ofthe courts of the several states or territories or ofthe United States, for any county in hiss or hercircuit, providedd the cost of the books and re-ports, including pocket parts and continuingservices, shall not exceed $1 , 500 for any countyin one year, unless the boa r d o f supervisors of thecounty authorizes the expenditure of a largersum .. Whenever the purchase or subscription ismade the clerk shall have each volume of booksreceived stamped or branded with the name ofthe county and take charge of the same for theuse of the courts, judges, attorneys and officersthereof . The cost of the volumes shall be paid bythe county treasurer upon the presentation tohim or her of the accounts therefor, certified toby the clerk. of the circuit court andd the circuitJudge ,

History: 1977 c . 187 s . 96 .


757 .4 Guardian ad litem must be an at-torney . (1) Except as provided in s 879,23(4), in all matters in which a guardian ad litemis appointed by the court, the guardian ad litemshall be an attorney admitted to practice in thisstate and shall be allowed reasonable compensa-tion for the services, reasonable compensation tobe such as is customarily charged by attorneys inthis state for comparable services .. If the attor-ney of record is also the guardian ad litem, theattorney shall be entitled only to attorney feesand shall receive no compensation for services asguardian ad litem

(2) If the statutes do not specify how the feeof the guardian ad litem is paid, the ward shallpay such fee . The court may, however, in casesinvolving real or personal property in which theward claims or may have a right or interest,order paymentout of'such property.

(3) No guardian ad litem may be permittedto receive any money or property of his or herward, nor may any bond be required of a guard-ian ad ]item, but all money or property of his orher ward may be paid or delivered to a generalguardian of his or her property subject to theexceptions of s . 8.80 . .04 .

(4) No person shall be appointed guardianad litem for a plaintif'f' without the writtenconsent of the person appointed .

History: Sup. Ct. Order, 50 W (2d) vii ; 1971 c 211 ; 197'7c . 187 a 96 ; 1977 c 299, 447.:

Cross Reference: See $7923' ( 4 ) for parent as guardian inprobate matters

Comme nt of Judicia l Council, 1971 : A guardian ad ]itemshall : (1) Be an attorney and be allowed reasonable compen-sation as is customarily charged by attorneys for comparableservices, If the attorney of record is also the guardian ad li-tem, only one fee is allowed. (2) Be compensated by the wardof out of the ward's property (3) Not be permitted to receiveany money or property ofthe ward (4) Not be appointed fora,plaintiff without the appointed per'son's consent .. Subsection(1) is in present law; subs (3) and (4) are the same aspresent law, [Re Order effective July 1,1971]

757 .49 : Compensation of attorneys ap-pointed by court . Notwithstanding any otherpxovison'of the statutes, in'all' cases where thestatutes fix a fee and provide for the payment ofexpenses of an attorney to be appointed by thecourt to perform certain designated duties, thecourt appointing the attorney shall, after theservices of the :e attorney have been performedand the disbursements incurred, fix the amount

757.46 Reporter not to take statements ofinjured persons. No'phonographic reporterfor -any court of record in the state of Wisconsinor any of his or her assistants may be employedby any person or corporation to take the state-ment of any injured or other person in any wayrelating to the manner in which the person wasinjured or killed or' the extent of personal`inju-ries, and any reporter or assistant violating thissection shall be removed and shall not be permit-ted to testify in any court concerning any suchstatement taken in violation of this section .. Thetaking, - transcLibing or reporting testimonygiven by deposition or otherwise according tolaw, is not prohibited by this section .` H istory: 1977 c : 187 s . 96.

757 .47 Taxes of this state enforced inother states . (1) The courts of this state shallrecognize and enforce' the liability f'or, taxeslawfully imposed by the laws of any other statewhich extends a like comity in respect of" theliability for taxes lawfully imposed by the lawsof this state, and the officials of"such other stateare authorized to bring action in the courts, ofthis state for the collection of such taxes .. Thecertificate of the secretary of state of such otherstate that such officials have the authority tocollect the taxes sought to be collected by suchaction shall be conclusive proof of thatauthority"

(2) The attorney-general is empowered tobring action in the courts of" other states tocollect taxes legally due the state . .

( 3) The term "taxes" as herein employedshall include :

(a) Any and all tax assessments lawfullymade whether' they be based upon a return or,

757.45 GENERAL COURT PROVISIONS

group of attorneys, whether practicing in thisstate or elsewhere, either before or after actionbrought, any portion of any fee or compensation,chargedd or received by such attorney or anyvaluable consideration or reward, as an induce-ment for placing or in consideration of " havingplaced, in the hands of such attorney, or in thehands of another person, a claim or demand ofanyy kind for' the purpose of collecting suchclaim ;" or bringing an action thereon, or ofrepresenting claimant in the pursuit of any civilremedyf 'or the recovery thereof'- but this sectiondoes not apply to an agreement between attor-neys and counselors at law when associated inthe conduct of legal matters to divide betweenthemselves the compensation to be receivedAny person violating this section shall be finednot to exceed $500 or imprisoned not to exceed 6months .

History : 1977 c 187 s 96

4532

other disclosure of' the taxpayer, upon the infor-mation and belief' of the taxing authority, orotherwise.

(b) Any and all penalties lawfully imposedpursuant to a taxing statute .

(c) Interest charges lawfully~ added to the taxliability which constitutes the subject of theaction . .

History : 1977 c 187 s 96


757.52 Guardian ad litem for persons notin being or unascertainable. In any action orproceeding, except as provided in ch . 52, thecourt may appoint a guardian ad litem forpersons not in being or presently unascertaina-ble, if the court has reason to believe that suchappointment is necessary to protect thee interestsof such persons .

His tory : Sup Gf, Order, 50 W (2d) vii ; 1977 c . 18'7 s .96,.Cross Reference: Compare 701 15 concerning guardians in

trust mallets;Comment of Judicial Council, 1971 : Guardian ad litem for

unborn chi ld , (Clarification) [ Re Order effective July 1,19711

757.55 Reporting testimony . (1) Except asprovided otherwise in this section, all testimonyin all courts of record in every action or proceed-ing, contested, uncontested or ex parte, shall bereported .

(2) Proceedings had on f'orf'eitures of bail ordeposit, pleas of guilty in ordinance violationcases, and pleas of guilty in misdemeanor casesneed not be reported except when the maximumpenalty may exceed $500 or, 6 months, but theclerk shall keep a record indicating the calling ofthe case, nonappearance or plea made by thedefendant and action taken by the court . .

(3), Voir dire examinations in any civil orcriminal action need not be reported unlessordered by the court : Opening statements andclosing arguments shall be reported in any ac-tion uponn request of a party or' upon order of'thecourt :. . .. A request to report openingg or closingargument shall be made on the record, ., beforeany such argument has commenced

(4) Arguments of counsel on motions madeduring the course of trial shall be reported, butsuch arguments on motions made before or aftertrial need not be reported except upon order ofthe court

(5) A record shall be made of the court'sadvice and defendant's reply under s . 970 .02 (1)(b),.

(6) Preliminary examinations shall bereported .

757.57 Transcripts . (1) Reporters' notesneed not be transcribed unless required by thissection, any other statute, or by court order .

(2) In any criminal action or proceeding thecourt may, and in case of sentence of any personto the state prisons or to a county house ofcorrection for more than 6 months, the courtshall order a transcript of the testimony andproceedings to be made and certified by thereporter and filed with the clerk of court, and acertified duplicate of such transcript to be filedwith the warden or superintendent of the institu-tion to which the person is committed . . The costof such transcript, at the rate of 50 cents per 25-line page for the original and 15 cents per- 25-linepage for the duplicate,, shall be paid for by thecounty treasurer upon the certificate of'the clerkof court . In case of application for a pardon orcommutation of sentence such duplicate tran-script shall accompany the application .

(3) In any action in which the court orders acompulsory reference the court may direct thereporter, thereof to attend the ref'eree's hearing,report the testimony and proceedings and fur-nish atypewritten transcript thereof to the ref'-eree. For such transcripts the reporter shall beentitled to receive fees at the rates and paid inthe manner provided in sub. (2) ..

(4) Testimony and proceedings under chs,. 48and 767 shall be transcribed- .only upon order' ofthe court, `except as otherwise provided bystatute, "

` (5) Except as provided in sub (4), everyreporter', upon the request of" any party to anaction or proceedings, shall make a typewrittentranscript, and as many copies thereof as the

4533 ''

of his or her- compensation for the services andprovide for' the repayment of disbursements insuch sum as the court deems proper, and whichcompensation shall be such as is customarilycharged by attorneys in this state f'or, ccompara-ble services .

History: 1977c. 187s. 96; Sup, Ct Order, eff I-1-80 .NOTE : The Suprem e Court Order dated December 11 ,

1979, effective January 1 , 1980, states that equi valent pro vi-sions are c ontained in the Supreme Court Rules, S ee SCR81 .01, SCR 81.02.

GENERAL COURT PROVISIONS 757.57

(7) The reporter shall be readily availableduring all sessions of court to take any proceed-ings the court directs .

History:. 1977 c . 187 s 96 ; Su p . Ct O rder, eff 1-1-80 .NOIE: The Supreme Court Order dated December 11,

1979, effective January 1, 1980, states that an equivalent pro -vision is contained in the Supreme Court Rules ., See SCR'I1 .01 ,

Lack of due p rocess is not sh own wh er e th e trial judgefai l ed to or de r, sua sponte, the reporting of the voir dir e. St atev C larke, 49 W (2 d ) 1 61 , 1 81 NW (2d ) 3 55 .

Trial co urt d id not a busediscretion in denying motion f ora new t ria l b ase d up on prosec utor's argume nt to ,ju ry whereneither co un s el requested re porting un de r (3) and a ttemptedreconst ruct ions of s tatement were subject to variou s interp re-rati on s Smi th v State, 6 5 W ( 2d ) 51 , 221 NW (2d ) 68 7..

757 .56 Reporters' notes. The original notesof all court reporters, made in open court orpursuant to an order of the court, constitute partof the records of the court in which made and arenot the property of the reporter.

History: 1977 c . 187 s. 96; Sup . . Ct, Order, ef£, 1-1-80 .NOTE : The Supreme Cour t Or der dated December 11,

1979, effective January 1, 1980, stat ess that an equivalent pro-vis ion is contained in the Supreme Court Rules. See SCR71.02


party requests, of the testimony and proceedingsreported by him or her in the action or proceed-ing, or any part thereof' specified by the party,the transcript and each copy thereof to be dulycertified by him or her to be a correct transcriptthereof'. For the transcripts the reparter, shall beentitled to receive fees from the party requestingthe transcripts,, at the rate of 60cents per 25-linepage for the original and 20 cents per 25-linepage for, each copy . . If request is by the state orany political subdivision thereof, the fees of'thereporter shall be at the rates provided in sub .(2)

(6) A judge may also order the reporter totranscribe and file all or anyy part of the testi-mony and proceedings in any action or proceed-ing in the court of which he or she is the,judge ..

(7) A reporter may make a special charge,pursuant to arrangement with the party request-ing the same, for furnishing typewritten tran-scripts of testimony and proceedings from day today during the progress of any trial orproceeding.

(8) For purposes of this section a page otherthan the final page of a transcript shall consist ofany 25 or more consecutivee typewritten lines,double-spaced, on paper not less than 8 1/2inches in width, with a margin of'not more than1 1/2 inches on the left and five-eighths of aninch on the right, exclusive of lines disclosingpage numbering; typee shall be standard picawith 10 letters to the inch . Questions anddanswers shall each begin _a new line . Indenta-tions for speakers or paragraphs shall be notmore than 15 spacess from left margin .

Hi s tory: 19'17 c 187 s 96 ; 1979 c 32 s: 92 (4) ; Sup . Ct .Order, ef'f' 1-1-80NOTE: The Supreme Court Order dated December 11 ,

1979, effective January 1, 1980, states that an equivalent pro-vision is contained in the Supreme Court Rule s . See SCR71 : 03.

757 .60 . Judicial administrative districts .The state is divided into judicial administrativedistricts for the purpose of administering thecourt system Each district includes alll thecircuit courts within the district . The judicialadministrative districts are as follows :

(1) The lst district consists of Milwaukeecounty

(2) The 2nd district consists of Kenosha,Racine and. Walworth counties .

(3) The 3rd district consists of Jefferson,Ozaukee, Washington and Waukesha counties .

(4) The 4th district consists of Calumet,Fond du Lac, Manitowoc, Sheboygan and Win-nebago counties .

(5) The 5th district consists of Dane, Greenand Rock counties,

757.61 Selection of chief judges of judi-cial administrative districts . The supremecourt shall appoint a chief judge in each judicialadministrative district . The chief,judge shall bea circuit judge within the district . . The chief',judge is responsible for the administration of,judicial business in circuit courts within thedistrict, including its personnel- and fiscalmanagement„

History: 197'7 c .. 449 ; Sup .. Ct„ Order, 84 W (2d) xiii ; SupCt Order, elf,, 1-1-80 .NOTE: The Supreme Court Order dated December 11,

1979, effective January 1, 1980, s tates that an equivalent pro -v ision is contained in the Supreme Court Rules. See SCR70. 18 .

757 :63 Responsibilities and duties of thechief, judge. (1) The chief judge is the admin-istiative chief of the judicial administrative dis-trict; including the elected, appointed and as-signed circuit judges The general responsibilityof the chief judge is to supervise and direct theadministration of the district,

(2) I n carrying out administrative duties, thechief` judge shall cooperate with the director ofstate courts .

(3) In the exercise of general responsibility,the chief judge has the following duties :

(a) Assignment of judges within each ,judi-cialadministrative district„ The chief judge shallestablish a system for, the equitable distributionand allocation of categories of cases andcaseloads within the district, subject to the ap-proval of the. supreme court .,


(6) The 6th district consists of Adams, Co-lumbia, Dodge, Green Lake, .Juneau, Mar-quette, Portage, Sauk, Waupaca, Wausharaand Wood counties . .

(7) The 7th district consists of Buffalo,Crawford, Grant, Iowa, .Jackson, . La Crosse,Lafayette, Monroe, Pepin, Richland, Trempea-leau and Vernon counties .

(8) The 8th district consists of Brown, Door,Kewaunee, Marinette, Oconto and Outagamiecounties, .

(9) The 9th district consistss of Ashland,Clark, Florence, Forest, Iron, Langlade, Lin-coln, Marathon, Menominee, Oneida, Price,Shawano, Taylor and Vilas counties, .

(10) , The 10th district consists of Barron,Bayfield, Burnett, Chippewa, Douglas, Dunn,Eau Claire, Pierce, Polk, Rusk, St . Croix, Saw-yer and Washburn counties .History : 1977 c, 449 ; Sup Ct . Order, 84 W (2d) xiii; Sup. .

Ct. Order, elf 1-1-80NOTE: The Supreme Court Ord e r dated December 11 ,

1979, effecti ve . January 1 , 1980, states that an equi v alent pro-vision is containedd in the Supreme Court Rules . See SCR70 .17.


757 .642 Rule (Deputy chief judge) . Thechief judge of each judicial administrative dis-trict shall select a deputy chief judge to serveunder the chief' judge The deputy chief judgeshall serve at the pleasure of the chief' judge .The deputy chief' judge shall provide assistanceto the chief judge in administrative areas requir-ing participation by a judicial officer . Thedeputy chief judge's duties and authority shallbe those delegated by the chief' judge, includingacting for, the chief judge in his of her absence,and representing the chief judge at official func-tions or in dealings with other' agencies .

Hi story: Sup . Ct . Order, 84 W (2d) xiii; Sup.. Ct Order,ef'f'. 1-1-80.NOTE : The Supreme Court Order dated Decemb e r 11 ,

1979, effective January 1, 1980, s tate s that an equivalent pro-vision is contained in the Supreme Court Rules. See SCR70.26.

757 .643 Rule (Division presiding judge) .If a judicial administrative district is subdividedinto functional multi-,judge units, the chief judgemay select a division presiding judge to adminis-ter each suchh subunit, subject to the supervisionof'the chief judge. The division presiding judgeshall serve at the pleasure of the chief judgeThe division presiding judge shall serve as theadministrative head of a separate multi-,judgedivision of the court . . The division presidingjudge shall act as the supervisor of'that particu-lac subdivision of the judicial, administrativedistrict The division presiding judge shall ad-minister his subdivision of the judicial adminis-trative district in accordance with policies estab-lished by the chief' judge . .

History: Sup, Ct Order, 84 W (2d) xiii; Sup .. Ct . Order,eff . 1-1-80 .NOTE: See also Supreme Court Order dated December 11,

1979, effective January 1 , 1980.

757 .644 Rule (Chief judge expenses) .The administrative dizector, of courts shall ap-prove the expenditure of state funds to defraythe actual and necessary expenses, reasonable inamount, incurred by the chief' judge in theperformance of the chief' judge's duties . . Provi-sion'shall be made fore such administrative orsecretarial assistance as may be required, Fed-eral `giant moneys shall be used if appropriate .The lst and 10th judicial administrative dis-tricts each have a district court administrator.

' Hi story: Su p.. Ct, Or der, 84W (2d) xiii ; Sup. . Ct Order,eff 1-1-80NOTE: The Supreme Court Order dated December 11,

1979, effective January 1, 19110, states that an equivalent pro-vision is contained in the Supreme Court Rules . See SCR70.27.

757 .645 Rule (Assignment of circuitjudges) . (1) Assignments of,judges, active orreserve, to serve temporarily in any circuit courtor branch thereof shall be made by the chief

(b) Maintenance of a system for andd effec-tive management of caseflow through the judi-cial administrative district.

(c) Establishment of hours for- courtoperation .. .

(d) Appointment of court committees . .(e) Establishment of policies, plans and

rules, as authorized by rule of the supremeCOllI'T .

(f) Provision for representation of the circuitcourt in ceremonial functions and in its relationswith other branches of the government or withother courts and with news media : .

(g) Calling and presiding over meetings ofthe circuit judges within the district . .

(h) Supervision of'vacation schedules . .(i) Coordination of'attendance by,judges and

other courtt personnel at conferences which re-quire absence from the court during workinghours .

(j) Supervision of court finances includingfinancial planning, the preparation of budgetsand fiscal reporting,History: 19'77 c 4 49 ; Sup . Ct . Order, 84 W (2d) xiii ; Sup ..

Ctr Order, 88 W (2d) ' xiii; Sup. Ct„ Order, ef'f 1-1-80 : .NOTE: The Supreme Court Order dated December 11,

1979, effective January 1 , 1980 , states that an equivalent p ro-v is ion is contained in the Supreme Court Rules. See SCR70.19.

757 .64 Authority of the chief judge. Thechief `judge shall exercise within the judicialadministrative district the full administrativepower of the judicial branch of governmentsubject to the .administrative control of thesupreme court : The chief judge may order thathis or her directives,, policies and rules be carriedout Failure to comply with an order of the chief'judge is grounds for, discipline under ss . 757,81to 757 ..99 ..

History: 1977 c . 449 ; Sup .. Ct. Order, 84 W (2d) xiii ; Sup . .Ct . Order, eff 1-1 .80 .NOTE: The Supreme Court Order dated December 11,

1979, effe ctive January 1, 1980, states that an equivalent pro-v ision is contained in the Supreme Court Rules. See . SCR70.20. ;

757.641 Rule (Term of officee of chiefjudge) . The chief judge of each judicial admin-istrative district shall serve for a term of'2 yearscommencing August 1 of the year of appoint-ment. The supreme court shall fill vacancies asthey occur for, the balance of the terms,, No chief,judge' may serve during more than 3 successiveterms of'office. A chief,judge shall be subject toremoval by the supreme court .

., History: Sup, Ct . Order, 8 4 W (2d) xiii; Sup. . Ct; O rder,eff 1-1-80NOTE: The Supreme Court Order dated December 11 ,

1979, effective January 1, 1980, . states that an equi valent pro-vision is contained in the Supreme C ourt Rules. See SCR70 .25.



justice for such purposes and period as the chiefjustice may determine, except for assignmentsby the chief judge as provided in ss . 757 60 to757 . ;64 . .

(2) '.Chief' judges of judicial administrativedi stricts have the authority within their respec-tive districts to fulfill` all responsibilities andperform all duties as chief ' judge pursuant to ss .757,60 to 757 .646, includingg allocation of judi-cial workload, assignment of judges, transfer ofcases, scheduling of vacations and absences toattend judicial education programs and judicialconferences, so as to expedite the business of allbranches of court within such judicial adminis-trative districts . . In the lst and the lOth , judicialadministrative districts, the chief judge will beassisted in fulfillment of responsibilities andperformance of duties by a district court admin-istrato r who shall act under the authority anddirection : of the chief' judge . When .n the chief'judge deems it necessary, the chief ,judge shallcall upon the director of state . courts for assign-ment of an outside. or reserve

(3) An active judge who is going to be absentfrom court shall obtain approval of the chiefjudge of the judicial administrative district andthe chief ,judge may assign an active ,judge ofsuch judicial administr ative district to substitutefor the absenting judge : The chief judge of 'ajudicial administrative district may also assignan active judge of such judicial administrativedistrict to relieve congestion, to expedite disposi-tion of litigation or to assist in any branch of thecircuit court of such judicial administrative dis-trict. The chief judge shall make an orderaccordingly If no active judge of the district isavailable f'or, such service the chief , judge shallcall upon the director of state courts to assign ajudge from outside the judicial administrativedistrict or a ' reserve judge . .

(4) In case of disqualification, whether be-cause of a request for substitution, other manda-tory disqualification or , self-disqualification, the

,judge shall cause the clerk of courts or r egister inprobate of his circuit to promptly notify thechief 'judge or , district cour t administrator-, asdirected by thee chief' judge; another , judge shallbe promptly assigned to preside in such a case bythe chief judge or district court administrator, asdirected by the chief judge who may directassignment of judges by lot under , a tab system . .The self-disqualification of a judge is subject toapproval of the chief ,judge. Under such circum-stances, the chief judge shall provide for theassignment of another judge from within the

,judicial administrative district, except thatwhere the chief judge deems it necessary thechief ;judge shall callupon the director of' state

courts to assign a,judge from outside the judicialadministrative district or a reserve judge .

(5) Whenever a judge is appointed by thechief justice or chief',judge or deputy chief judgeunder' ss '75'7 . .60 to 757 646 to serve in any courtor branch thereof of to hear a case, he shall do soand shall have all the, authority necessary forthat purpose . Whenever the term "chief jus-tice" is used in ss 757,60 to '757 .646, it includesan associate justice: designated by the supremecourt for that purpose and it includes thee direc-tor of state courts when acting within the direc-tor's authorization as the agent of the chief'justice or of such designated associate ,justice .Whenever, the term "chief judge" is used, itincludes a deputy chief' judge acting in thecapacity of 'a chief' judge .

Histor y: Sup Ct :Oider, 84 W (2d) xiii ; Sup . Ct. Order, 88W (2d) xiii ; Sup Ct; Order, ell 1-1-80NOTE: The Suprem e Court Order dated Dec ember 11 ,

1979, effe c ti v e January 1 , 1980, states that an equivalent pro-vision i s contained .in the Supreme Court Rules . See SCR70 .23 .

757 .646 . Rule (Assignment of municipaljudges) . In a case in which a municipal judge isdisqualified under, s . 75:7 .19.9 or in which 'a re-quest for substitution has been filed under s,300.05 of 345 :.315, the municipal judge shallpromptly notify the chief judge of the ,judicialadministrative district in which the municipalcourt is located, The chief judge shall promptlytransfer the case to another' municipal ,judge, inthe same county, or, if none is available, tocircuit court ..

Hi s tory : Sup . Ct . Order, 84 W (2d) xiii ; Sup. . Ct . O rder,efT', 1-1-80NOTE: The Supreme Court Orderdated December 11,

1979, effective January 1, 1980, s tate s that an equivalent pro-vision . is contained in the Supreme Court Rules. See . SCR70. 24.

757.65 Indigent defendants; payment ofcosts. In all trials involving indigent defendantsthe county shall be liable for the costss specifiedin subs . . (1 ) to (4) arising from the trial orretrial of the case only to the extent of anamount determined by multiplying the popula-tion of the :county by 50 cents,- or $10,000,whichever is lesser . The costs of a retrial shallnot be added to the costss of the originall tz~alwhen calculating: total county trial costss of thecase. .. The state shall be liable for additionalcosts specified in subs, (1) to (4) and shallreimburse the county out of the appropriationprovided by s . 20,625 (2) . . Upon completion ofthe trial and compilation of the costs of a case,the clerk of court shall file with the director ofstate courts the county claim for reimbursementof court costs which, shall include the followingitems:

757 .645 GENERAL COURT PROVISIONS 4536


757.68 Court commissioners . (1) AP-POINTMENT IN POPULOUS COUNTIES (a) Exceptas provided in par . (b), in counties having apopulation of 100,000 or more, there may becreated the office of full-time court commis-sione t . The county board shall establish thenumber of positions and set the salary for theof 'f'ice . . Any per-son qualified and acting as aj udicial court commissioner on August . 1, 1978shall be deemed a full-time court commissionerandd shall continue in the classified county civilservicee but , any new appointee shall be in theunclassified (exempt) civil service . The chief'judge : shall be the appointing and supervisingauthority and may terminatee the employment ofany such commissioner i f cause is proven. Suchfull-time court commissioners shall be attorneyslicensed to pr actice in th i s state.. Each courtcommissioner shall take and file the official oathin the officee of the clerk of the circuit court ofthe county for which appointed before perform-ing anyy duty of the office

(b) In counties having a population of500,000 or more, the county board shall estab-lish at least one full-time court commissionerposition under par. (a) to assist in the adminis-tration of the procedures for small claims typeactions under ch . 799 .. In counties having apopulation of 100,000 or more but less than500,000, the county board may establish one ormore part-time or full-time court commissionerpositions under pat . (a) to assist in the adminis-tration of small claims typee actions under ch .799 .. Any court commissioner appointed underthis paragraph shall be an attorney licensed topractice in this state .

(Z) PART-TIME COURT COMMISSIONERS . Ineach county the circuit judges shall appoint suchnumber of part-time court commissioners as theproper, transaction of business requires subjectto the following exception : in counties having apopulation of 200,000 or more each ,judge mayappoint not more than 2 such commissioners andin counties having a population of less than200,000 each judge shall, as nearly as possible,appoint an equal number ' of commissionerswithin the county .. In all counties the appoint-ments shall be subject to the approval of amajority of ` the circuit judges for the county „Appointmentss shall be in writing and shall befiled in the office of` fl e clerkof the circuit court :All court commissioners appointed after May16, 1978, other than official court r eportersacting under s 757 71 (2) (b) perfo rmingduties or exercising powers specified for courtreporter s, shall be attorneys licensed to practicein this state : The appointing judge, may remove,at will and without cause, any court : commis-sioner appointed by the judge or the judge'spredecessor in office.. Unless he or she is so

(1) Meals, lodging, mileage and fees forJurors

(2) Fees for transcripts requested by theprosecuting or, defense attorney. .

(3) Meals, lodging, mileage and fees for adefense attorney if'counsel was appointed by thecourtt prior.r to the implementation of the statepublic defender program for- determination of"indigency and appointment of counsel in thecounty ,

(4) . Witnesses, expert witnesses and medicalexpenses.

History : 1973 c. 90; 1977 c 29 ; 1977 c . 187 s 96; 19 7 7 c418 ss 750, -750m; Sup.. Ct Order, 88 W (2d) xiii .

757.66 Recovery of legal fees paid for in-digent defendants. Whenever a county or thestate has paid for legal representation of anindigent defendant and the county boat or thedepartment of justice so requires, the clerk ofthecourt where representation for the indigentwas appointed shall prepare, sign and file in theoffice of the register of deeds, in a record bookthere to be kept for the purpose, a certificatestating the name and residence of the indigentbeneficiary, the amount paid by the county orthe state for his or her legal representation, thedate when paid, the court and county in whichthe case was heard and such other informationas the county board . directs .: If a certificate isfiled within 6 months after payment is made bythe county or the state it may, within the timeafter' the filing provided by s . 893 , 86, commencean action to recover from the indigent defend-ant, or his or her estate if the action - is com-menced within the time set for filing claims bycreditors, the amount paid by the county or thestate for his or her legal representation, In anysuch action ss . 893 .86 and 859 . 01, so far a sapplicable, may be pleaded in defense Theclaim shall not take precedence over the, al-lowances in ss . 861 ,31 , 861,33 and 861 . 35 . hedistrict attorney or the department of justice, asapplicable, . shall commence and prosecute allactions and proceedings necessary under thissection to make the recovery when it appearsthat the indigent defendant or his or her estate isable to pay the claim

History : 19 71 a 40 s . 93;19 '77 c: 187 s . 96 ;1979 c'. .323, 356 .- Recovery of legal defense fees from indigent defendants

discussed. James v , Strange, 407 US 128

757.67 Testimony of judge of kin to attor-ney. No ; judge of any court of record shall testifyas to. any matter of opinion in any action orproceeding in which any person related to such

, judge in the first degreee shall be an attorney ofrecord ;

History: Sup .. Ct . Order, 59 W (2d) R4 ; 1977 c. . 187 s.. 96

45 .3 ' 7 GENERAL COURT PROVISIONS 757.68


(g) When assigned to the court assignedjurisdiction under ch. 48, a court commissionermay, underr ch . 48, issue summonses and war-rants, order the release or, detention of childrenapprehended, conduct detention and sheltercare hearings, conduct preliminary appearancesand enter into consent decrees . Waiver hearingsunder s 48 .: 18 and dispositional hearings underss. 48 .33 to 48 .35 shall be conducted by a , judge .When acting in an official capacity and assignedto the children's court center, a court commis-sioner shall sit at the children's courtcentex orsuch other facility designated by the chief judge.Any decision by the commissioner shall be re-viewed by the judge of the branch of court towhich the case has been assigned, upon motionof ' any party . Any determination, order or rulingby the commissioner may be certified to thebranch of ' court to which such case has beenassigned upon a motion of any party for ahearing de novo .

(h) Hear petitions for commitment and con-duct probable cause hearings under ss . ; 51 „ 20and 5145, advise a person alleged to be mentallyill of his or her rights under the United Statesand Wisconsin constitutions and, i f the personclaims or appears to be unable to afford counsel,refer the person to the authority for indigencydeterminations specified under' s . 977 .07 (1) ..

(2) A judge may refer to a court commis-sioner-appointed under s . 757 . 68 cases in which :

(a) The trial of an issue of fact requires theexamination of an account, in which case thecourt commissioner may be directed to reportupon any specific question of fact involvedtherein . .

(b) The taking of an account is necessary forthe information of' the court before judgment orfor carrying a judgment or order into effect.

(c) A question of fact : other than upon thepleadings arises..

(d) Proposed findings of fact and conclusionsof law aree to be prepared pertaining to defaultmortgage and landd contract , foreclosures andmechanics liens ,

(3) Court commissioners appointed under s .257 „ 68 may under their own authority :

(a) Officiate at a marriage ceremony(b) Issue subpoenas and attachments or

other process to compel the attendance of wit-nesses, administer oaths and affidavits, takedepositions and testimony when authorized bylaw of, rule or order, and certify and report thedepositions and testimony :

(c) Issue the following writs returnablebefore a judge at a time set by the , judge or the

.,judge's clerk : habeas corpus ; certiorari; ne "eatand alternative writs of mandamus.

(d) Supervise accountings subsequent to aforced tax sale of land.

removed, the term of each court commissionershall continue untill the expiration of the term ofthee appointing judge and until the successor ofthe commissioner is appointed and qualified ..Each court commissioner shall take and file theofficial oath in the office of clerk of the circuitcourt of the county for which appointed beforeperforming any duty of the office .

(3) CONCILIATORS : : In all counties, retiredcircuit judges appointed to act as conciliatorspursuant to s. 807.09 may be appointed courtcommissioners, in addition to those . appointedunder sub . . (1) .: The term of court commission-ers appointed to act as conciliators under s807.09 shall continue until a successor is ap-pointed and qualifies,.

(4) ELIGIBILITY OF FORMER INFERIOR COURT

JUDGES, Any former judge of an inferior court ofrecord of this state shall be eli gible to appoint-ment"as a court commissioner, by any judgeauthorized by this section to make such appoint-ment, in addition to those specified in sub . ; (1)

History: 1973 c . 278 ; 1975 c. 39; 19'75 c. 94 s. 3 ; 1975 c199 ; 1975 c 430 s 80 ; 1977 c. . i8 7 s. 96; 1977 c 323 ss 7, . 11 ;1977 c. 345; 1977 c . 418 ss . 751, '752 ; 197 7 c . 447 ss , 192 to195 ; 19777 c; 449 ; 1979 c 32 s .. 92 (16) .

757.69 Powers and duties of court com-missioners. (1) On authority delegated by ajudge; which may be by a standard order, andwith the approval of the chief ' judge of the

, judicial administrative district, a court commis-sionei appointed under s . 757 68 may :

(a) Direct a case to the proper court if thedefendant wishes to enter ' a plea after intelligentwaiver' of rights .

(b) In criminal matters issue summonses,arrest warrants or search warrants and conductinitial appearances of persons arrested and setbail to the same extent as a ,judge , At the initialappearance, the court commissioner shall, whennecessary, inform the defendant in accordancewith s .` 970 , 02 (I) . If the defendant appears orclaims to be unable to afford counsel ; the courtcommissioner - may refer the person to the au-thority for indigency determinations specifiedunder s 927 . 07 (1),

(c) Conduct initial appearances in all trafficcases, in traffic regulation cases receive noncon-tested forfeiture pleas and impose monetarypenalties according to a schedule adopted by amajority of the judges of the courts of recordwithin the county, and refer applicable cases tocourt for enforcement for nonpayment ..

(d) In small claims actions, conduct initialreturn appearance and conciliation conferences.

(e) Conduct noncontested probateproceedings

(f) Issue warrants and capiases for those whodo not, appear as summoned :.



order restrictions under its inherent power toconduct ,proceedings in camera

(2) All hearings before a court commissionershall be held in the county courthouse or othercourt facilities provided by law, This provisiondoes not apply to nontestimonial proceedings,supplementary hearings on the present financialstatus of a debtor under s. 757.69 (3) (h) ordepositions taken before a court commissioner,

.History:. 1977 c, 323

757 .71 Court commissioners; fees . (1)Any public employe retirement system to whichthe state or any political subdivision of the statehas contributed on behalf'of a person for serviceas a court commissioner shalll temporarily sus-pend any annuity payments being made to theperson during the time the person is serving as acourt commissioner, and anyy annuity paymentswhich aree affected by this subsection shall bepermanently forfeited without any right to pay-ment at aa later date Annuity payments whichhave been temporarily suspended under thissubsection shall be, reinstated after a personceases to serve as a court commissioner . Thehome rule provisions for the retirement systemcreated by chapter. 201, laws of 1937, as estab-lished by chapter 405, laws of 1965, do not applyto thiss subsection .

(2) Part-time court commissioners ' ap-pointed under, s . 757 :68 (2) shall be entitled tothe following fees :

(a) A fee of $1 for each decision, signing or,filing of a document or other ministerial actrequired by law performed by a part-time courtcommissioner' .; This fee provision does not applyto testimonial proceedings or depositions takenbefore a court commissioner, .

(b) For the following duties performed by apart-time court commissioner, held in the countycourthouse or other court facilities provided bylaw, reasonable compensation as fixed by thecourt but not more than the hourly equivalent ofthe salary of a .judge of the court :'

1 :. Every attendance upon the hearing of anymotion for an order which a court commissioneris authorized to grant and for attendance uponany motion or an official act to be done by thecourt commissioner..

2„ Conducting a hearing and deciding on theissuance of' a writ of habeas corpus ; certiorari ; neexeat, and alternate writs of mandamus .

,3 . Attendance upon the taking of'testimony orexamination of witnesses in any matter heldoutside the county courthouse or other courtfacilities provided by law, whether acting as areferee or otherwise.

History: 1977 c 323 ,

757 .695 Court commissioners ; smallclaims matters . If' a court commissioner hasbeen appointed under s : 757 .68 (1) (b) to assistin the administration of small claims matters,the commissioner shall conduct the hearings andproceedings as prescribed by ch . 799 and shallhave the following, .: additional .l duties andauthority:

(1) Grant and enter' default judgments andapprove stipulations

(2)' Conduct conferences and hearings withthe parties or- , their attorneys or bothh on theereturn dates and adjourned dates, if any . . .

(3) Issue decisions in matters- thatt comebefore the commissioner' ., The decisions shallbecome judgments under s . 799.207 (2) ..

His tory : 1977 c. 345; 1979 c 32 s 92 (16) .

757.70 Hearings before court commis-sioners. (1) All proceedings and hearingsbefore a court commissioner shall be public andopen to every citizen,; except juvenile proceed-ings or when it is necessary for the court in whichthe action or proceeding is pending to impose by

4539

(e) Issue subpoenas returnable before ajudge on behalf of the Wisconsin department of,justice for- antitrust violations under' s . 133 .11(1) or violations of ss . 16.3 ..02 to 163,80 under s .163,71 (1)

(f) Investigate and dispose of unclaimedproperty under ss, . 171 .04 to 17106,

(g) Conduct a paternity proceeding accord-ing to the procedures set out in ch . 767 whenevera court commissioner is specifically authorizedto do so,NOTE: Par. . (g) i s shown as amended by chapter 352, law s

of 1979, effective Jul y 1 , : 1981, which changed the referencefrom"ch . 32 " to " ch. 767" .

(h) Conduct supplementary hearings on thepresent financial status of a debtor .

(i) Take and certifyy acknowledgments„(4) In addition to the duties expressly set

forth in sub . ( .3) (a) to (c), a court commis-sinner, may perform otherr ministerial duties asrequired by a court

(5) A court commissioner may transfer to acourt any matter' in which it appears that justicewould be better served by such a transfer .

`(6) Every judge of a court of record has thepowers and duties, of a court commissioner .

(7) A court commissioner shall refer to acourt of record for appropriate action everyalleged showing of contempt in the carrying outof the lawful' decisions' of the commissioner..

History: 19'1'1 c. 323, 449;. 1979 c . 32 ; 1979 c, 89; 1979 c .209 s . 4; 1979 c : .352, 356

Judicial court commissioner is not authorized to conductp relim inar y examination in felony case. State ex rel, Perry v .Wolke, 7 1 W (2d) 1 00, 237 NW (2d) 678 .

GENERAL COURT PROVISIONS 757 .71


757 .72 Office of probate court commis-sioner. (1) In counties having a population of500,000 or more, there is created in the classi-fied civil service the office of probate courtcommissioner.. In counties having a populationof''at least 100,000 but not more than 500,000,the county board may create the office of pro-bate court commissioner which may be in theclassified civil service,

(2) Judges assigned probate jurisdiction mayassign to the probate court commissioners anymatters over which the judges have jurisdiction,and the probate court commissioners may deter-mine such matters and may sign any order orcertificate required in such determination .

(3) Probate court commissioners shall re-ceive such salary and be furnished with quarters,necessary office furnishings and supplies as de-termined by the county board .

(4) In counties having a population of500,000 or more the chief' judge of the judicialadministrative district shall appoint and mayremove probate court commissioners under ss .6 :3 . .01 to 6 .317. In counties having a populationof at least 100,000 but not more than 500,000the chief' judge shall appoint and may removeany probate court commissioner if cause isproven . Probate court commissioners shall beattorneys licensed to practice in this state .

(5) The register in probate of; a county shallhave the duties and powers of a probate courtcommissioner and shall act in that capacitywhen, designated to do so by a judge assignedprobate jurisdiction ,

(6) Before entering upon the performance oftheir, duties, probate court commissioner's shalltake and file thee official oath . .

(7) Probate court commissioners shall .l byvirtue of their' respective positions, and to theextent required for the performance of theirduties, each have the powers of a courtcommissioner .,

(8) The, probate court commissioners mayadminister oaths, take depositions and testi-mony, and certify and report the depositions andtestimony, take and certify acknowledgments,allow accounts and fix the amount and approvethe sufficiency of bonds . .

History : 1977 c. .323, 44 9 .

757.81 Definitions . In ss . 757 ..81 to 757.99 :(1) "Commission" means the judicial com-

mission created by s . : 757 . .83 :(2) "Disability" means permanent disability

or, temporary disability.:(3) "Judge" `means a judge of any court

established by or pursuant to article VII, section2 or 14, of the constitution, or a supreme courtju stice .

(4) "Misconduct" includes any of thefollowing :

(a) Wilful violation of a rule of the code ofjudicial ethics . .

(b) Wilful or persistent failure to performofficial duties :

(c) Habitual intemperance, due to consump-tion of intoxicating beverages or use of danger-ous drugs, which interferes with the properperformance of judicial duties . .

(d) Conviction of 'a felony .(5) "Panel" means a judicial conduct and

disability panel constituted under s . 757 ..87 .(6) "Permanent disability" means a physi-

cal of mental incapacity which impairs the abil-ity of a,judge to substantially perform the dutiesof his or her judicial office and which is or islikely to be of'a permanent or continuing nature

(7) "Temporary disability", in the case of amunicipal court judge or a judge of a court ofrecord other than the supreme court, means aphysical or mental incapacity which impairs theability of'the judge to substantially perform theduties of' his or her judicial office and whichexists or is likelyy to exist for a period of one yearor less In the case of a supreme court,justice,temporary disability means a physical or mentalincapacity which impairs the ability of the,jus-tice to substantially perform the duties of his orher r judicial office and which exists or is likely toexist for a period of 6 months or less .

History: 1977 c . 449 .

757 .83 Judicial commission. (1) MEM-BERSHIP; APPOINTMENT ; TERMS (a) There iscreated a judicial commission of '9 members : 5nonlawyers nominated by the governor and ap-pointed with thee advice and consent of thesenate; one trial judge of 'a court of record andone court of appeals judge appointed by thesupieme.court; and 2 members of the state bar ofWisconsin, who are not judges, appointed by theesupreme court. The commission shall elect oneofits members as chairperson .

(b) The term of a member, is 3 years, but amember shall not serve more than 2 consecutivefull tet~ms. A vacancy is filled by the appointingauthority for the unexpired term . . Members ofthe commission shall receive no compensation,but shall be reimbursed for expenses necessarilyincurred as members of the commission ..

(2) QUORUM; VOTING, A majority of thecommission constitutes a quorum . The commis-sion may issue a formal complaint or a petition'only upon a finding of probable cause by amajority of the total membership not disquali-fied from voting .. A member must be present tovote- on the question of' probable cause„ Amember shall not participate in any matter if a

757.72 . GENERAL COURT PROVISIONS 4540


757 .87 Request for jury ; panel. (1) Afterthe commission has found probable cause that a,judge has engaged in misconduct or has a disa-bility, and before the commission files a formalcomplaint or a petition under' s . . 757,85 (5), thecommission may, by a majority of its total

757.91 Supreme court; disposition. Thesupreme court shall review the findings oY fact,conclusions of law and recommendations under

4541

judge similarly situated would be disqualified ina court proceeding .

(3) RULES, The commission shalll promul-gate rules under ch . 2277 for its proceedings .

(4) SinFF The judicial commission shallhire an executive director in the unclassifiedservice . The executive director ' shall be a mem-ber of the state bar .. The ,judicial commissionmay hire additionall support staff ', within budg-etary limitations, in the unclassif ied service..

History : 1977 c 449 ; 1979 c 34, 154.

757.85 Investigation ; prosecution. ( 1)The commission shall investigate any possiblemisconduct or disabilityy of a judge or ,justice . .Misconduct constitutes cause under article VII,section 11 of the constitution . .

(2) Thee commission may issue subpoenas tocompel the attendance and testimony of wit-nesses and to command the production of books,papers, documents or tangible things designatedin the subpoena in connection with an investiga-tion under this section . .

(3) The commission may notify 'a judge thatthe commission is investigating possible miscon-duct'by or disability of the judge, Before findingprobable cause, the commission shall notify the,judge of' the substance of the complaint or,petition and afford the judge a reasonable op-portunity to respond . If the judge responds, thecommission shall consider the response before itfindss probable cause :.

(4) The commission may require a judgewho is under investigation for disability to sub-mit to a medical examination arranged- by thecommission . .

(5) The commission shall upon a finding ofprobable cause that a judge hass engaged or isengaging in misconduct, file a formal complaintwith the supreme 'cour't.. Upon a finding ofprobable cause that a judge has a disability, thecommission shall file a petition with the supremecourt.. If the commission requests a,jury under s ..757.87 (1), the request shall be attached to theformal complaint or the petition ..

(6) The commission shall prosecute any caseof misconduct or disability in which it files aformal complaint or a petition .

(7) Tnsof'ar, as practicable, the proceduresapplicablee to civil actions apply to proceedingsunder ss, 757,81 to 757,99 after the filing of acomplaint or petition . .History: 1977 c.. 449 . .

GENERAL COURT PROVISIONS 757.91

membership not disqualified from voting, re-quest a ;jury heating . If" a , jury is not r equested,the matter shall be heard by a panel constitutedunder sub (3), The vote of each member on thequestion of a ,jury request shall be recorded andshall be available for public inspection under s .19 21 after the formal complaint or the petitionis filed .

(2) I f' a,jury is requested under sub . . (1), thehearing under s .. 757.'89 shall be before a _ju t yselected under s 805 . 08 A jury shall consist of '6persons, unless the commission specifies agreater number, not to exceed 12 .. Five-sixths ofthe jurors must agree on all questions whichmust be answered to arrive at a verdict A courtof appeals ;judge shall be selected by the chief 'judge of the court of appeals to preside at thehearing, on the basis of experience as a - trialjudge and length of service on the court ofappeals

(3) A ,judicial conduct and disability panelshall ' consist of 3 court of appeals , judges ., Eachjudge shall be from a different court of appealsdistrict , The chiefjudge of the court of appealsshall select the judges according to senioritybased on length of service as a court of appealsjudge andd designate which shall be presiding

,judge . . If 2 or more court of appeals ,judges haveidentical seniority, the chief judge shall choosewhich judge or judges shall sit on the panel .

History: 19 ' 7 '7 c 449..

757.89 Hearing. A record shall be kept ofany hearing on a formal complaint or a petition„The allegations of the complaint or , petitionmust be proven to a reasonable certainty byevidence that is cleat, satisfactory and convinc-ing. The hearing shall be held in the countywhere the judge resides unless the presidingjudge changesvenue for, cause shown or unlessthe partiess otherwise agree . If the hearing is bya panel, the panel shall make findings of fact,conclusions of law and recommendations re-gardingappropriate discipline f'or misconduct orappropriate action for disability and file thefindings, conclusions and recommendationswith the supreme court. If a jury hearing isrequested under s, 757,87 (1), the presidingjudge shall instruct the jury regarding the lawapplicable to ,judicial misconduct or disability,as appropriate . The presiding judge shall file thejury verdict and his or her recommendationsregarding appropriate discipline for misconductof appropriate action for disability with thesupreme court . .

History: 1977 c . 449 .


s. 757 . .89 and determine appropriate discipline 757 .95 Temporary suspension byin cases of misconduct and appropriate action in supreme court . The supreme court may, f'ol-cases of disability . The rules of the supreme lowingg the filing of a formal complaint or acourt applicable to civil cases in the supreme petition by the commission, prohibit a judgecourt govern tfie review proceedings under this from exercising the powers of 'a judge pendingsection., final determination of'the proceedings,History: 1977 c . 449 .

History : 1977 c . 449 .757.93 Confidentiality of proceedings .(1) All proceedings under ss 757 81 to '757 .99 757.97 Temporary vacancies . (1) If therelating to misconduct or, disability prior to the supreme court determines that a judge has ading of a petition or formal complaint by the temporary disability, a temporary vacancycommission are confidential unless a judge exists ..waives the right to confidentiality in writing to (2) When a temporary vacancy exists in thethe commission : office of a judge of a court of record other than

(2) If prior to the filing of a formal complaint the supreme court, the chief justice shall ap-or a petition an investigation of possible miscon- point, pursuant to article VII, section 24 of theduct or disability becomes known to the public, constitution, a reserve ,judge to assume the du-the commission may issue statements in order to ties of the office,confirm the pendency of the investigation, toclarify the procedural aspects of'the disciplinary (3) Whenn a temporary vacancy exists, theproceedings, to explain the right of'the judge to a incumbent judge continues to receive the salaryfair, heating without prejudgment, to state that and other benefits to which entitled for thethe judge denies the allegations or to state that balance of his or her, term or until the temporaryan investigation has been completed and no vacancy terminates, whichever first occurs : Theprobable cause was foundd person appointed to serve temporarily shall,l be

(3) The petition or formal complaint filed reimbursed for the period of temporary serviceunder s . 757.85 by the commission and all under s 20 .;6255 or 20.660, whichever is applica-subsequent hearings thereon are public, ble, as specified in s . 75 .3„075 (3) :

History: 1977 c 449 ' History: 1977 c. 449

757 .94 Privilege ; immunity . (1) A con- 757 .99 Attorney fees. A judge againstplaint or communication alleging :,judicial mis- whom a petition alleging disability is filed by theconduct or, disability with the commission, con- commission shall be reimbursed for reasonable

mission staff or panel andd testimony in an attorney fees ifthe judge is found not to have ainvestigation under this section is privileged, ;(2) A presiding judge or a member of the disability . A judge against whom a formal

commission, commission staff or, panel is im- complaint alleging misconduct is filed by themune from civil liability for any conduct in the commission- and who is found not to have en-course of the person's official duties under ss, gaged in misconduct may be reimbursed for757.81 to 757„99„ reasonable attorney fees .

History : ; 1977 c . 449 . History: 197 7 c 449



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