reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 753 - Circuit courts. › 753.23 - Night and Saturday sessions.

753.23
Night and Saturday sessions.
In each circuit having 4 or more branches, at least one branch shall schedule and hold sessions at least one Saturday and 2 evenings after 6 p.m. per month. In each circuit having 2 or 3 branches, at least one branch shall hold one session per month on Saturday or in the evening after 6 p.m. In single branch circuits, Saturday and evening sessions may be held as the convenience of the litigants requires.
History:  1977 c. 449.
2023 Wisconsin Statutes & Annotations › Chapter 753 - Circuit courts. › 753.24 - Where court to be held.

753.24
Where court to be held.
(1)
Circuit court shall be held regularly at the county seat.
(2)
Provision may be made, by court rule, for holding court in any city, village or town in the county other than the county seat where the court finds that there are adequate facilities provided and there is sufficient business to warrant holding court.
(2m)
Court may be held with the judge and any participants appearing from a remote location using telephone or videoconferencing technology subject to ss. 885.50 to 885.64 and constitutional requirements.
(3)
If court is held in a city or village located partly in the county from which the judge was elected and partly in another, the judge may hold court, except for trials of criminal offenses, anywhere in that city or village, the same as if it were entirely within the county from which he or she was elected.
History:  1977 c. 449; 1993 a. 246; Sup. Ct. Order No. 21-03, 2022 WI 23, filed 4-21-22, eff. 7-1-22.
2023 Wisconsin Statutes & Annotations › Chapter 753 - Circuit courts. › 753.32 - Clerks, etc., not to be appraisers.

753.32
Clerks, etc., not to be appraisers.
No clerk or other person employed in the office of any circuit judge may be appointed commissioner or appraiser in any matter that is within the jurisdiction of the judge or of the circuit court.
History:  1977 c. 449.
2023 Wisconsin Statutes & Annotations › Chapter 753 - Circuit courts. › 753.35 - Rules of practice and trial court administration.

753.35
Rules of practice and trial court administration.
(1)
A circuit court may, subject to the approval of the chief judge of the judicial administrative district, adopt and amend rules governing practice in that court that are consistent with rules adopted under s. 751.12 and statutes relating to pleading, practice, and procedure. The court shall file each adopted or amended rule with the clerk of circuit court. Except for a rule adopted or amended as an emergency rule, the court shall file an adopted or amended rule prior to the rule's effective date. The clerk of circuit court shall send a copy of the filed adopted or amended rule to the secretary of the local bar association in that circuit, the court administrator for that judicial administrative district, the State Bar of Wisconsin, the state law library, and the office of the director of state courts. A person may submit to the court written comments on a rule for the court's consideration in determining whether revision of the rule is needed. The clerk of circuit court shall print and make available to the public, at cost, all rules adopted or amended under this section.
(2)
The chief judge of the judicial administrative district shall file a local rule of trial court administration adopted or amended under SCR 70.34 with the court administrator for the judicial administrative district. The chief judge of the judicial administrative district shall file the local rule prior to the rule's effective date. The court administrator for the judicial administrative district shall send a copy of the filed adopted or amended rule to the clerks of circuit court in the judicial administrative district, the secretaries of the local bar associations in the district, the State Bar of Wisconsin, the state law library, and the office of the director of state courts. A person may submit to the chief judge of the judicial administrative district written comments on a rule for the chief judge's consideration in determining whether revision of the rule is needed. The clerks of circuit court in the judicial administrative district shall print and make available to the public, at cost, all rules adopted under SCR 70.34.
(3)
The State Bar of Wisconsin, the state law library, and the clerks of court to whom copies of rules are sent under this section shall serve as repositories of the rules sent to them under subs. (1) and (2).
History:  Sup. Ct. Order No. 93-14, 185 Wis. 2d xv (1994); Sup. Ct. Order No. 94-09, 187 Wis. 2d xix (1994); 1995 a. 225; 1997 a. 35; 2001 a. 103.
2023 Wisconsin Statutes & Annotations › Chapter 755 - Municipal court. › 755.001 - Definitions.

755.001
Definitions.
In this chapter:
(1)
“Judge" means municipal judge.
(2)
“Judicial administrative district" means the judicial administrative district having the largest portion of the population in the jurisdiction served by the judge.
(3)
“Records" mean all of the records subject to SCR chapter 72.
History:  1977 c. 305; 2009 a. 402.
2023 Wisconsin Statutes & Annotations › Chapter 755 - Municipal court. › 755.02 - Term.

755.02
Term.
The judges shall be elected at large for a term of 4 years unless a different term, not exceeding 4 years nor less than 2 years, is provided by charter ordinance enacted under s. 66.0101. The term shall commence on May 1 of the year of the judge's election.
History:  1977 c. 187 s. 94; 1977 c. 273, 305, 447; Stats. 1977 s. 755.02; 2009 a. 402.
2023 Wisconsin Statutes & Annotations › Chapter 755 - Municipal court. › 755.03 - Oath and bond.

755.03
Oath and bond.
(1)
The judge shall, after election or appointment, take and file the official oath as prescribed in s. 757.02 (1) and at the same time, if required to do so by a city's, village's, or town's governing body, execute and file an official bond in an amount to be fixed by the governing body. If the governing body does not require the judge to execute and file an official bond, the governing body shall obtain a dishonesty insurance policy or other appropriate insurance policy that covers the judge, in an amount fixed by the governing body, in lieu of the bond requirement. The governing body shall pay the costs of the bond or insurance policy. No judge may act as such until he or she has complied with the requirements of sub. (2).
(2)
Within 10 days after a municipal judge takes the oath, the judge shall file the oath and, if required to do so as described in sub. (1), the official bond with the clerk of the city, town or village where the judge was elected or appointed. If the municipal judge is elected under s. 755.01 (4), the judge shall file copies of the oath and bond with each applicable municipal clerk. The judge shall file a certified copy of the oath with the office of director of state courts within the 10-day time period after the judge takes the oath.
History:  1977 c. 187 s. 94; 1977 c. 305; Stats. 1977 s. 755.03; Sup. Ct. Order, 88 Wis. 2d xiii (1979); 1983 a. 192; 1985 a. 89, 304; 2009 a. 402; 2017 a. 51; 2019 a. 113.
2023 Wisconsin Statutes & Annotations › Chapter 755 - Municipal court. › 755.04 - Salary.

755.04
Salary.
The governing body shall fix a salary for the judge. The salary may be increased by the governing body before the start of the 2nd or a subsequent year of service of the term of the judge, but shall not be decreased during a term. The salary of a municipal judge who is designated or appointed under s. 8.50 (4) (fm) or 800.06 shall be determined by contract between the municipality and the judge. The judge may not serve until the contract is entered into. Salaries may be paid annually or in equal installments as determined by the governing body, but no judge may be paid a salary for any time during the term during which the judge has not executed and filed his or her official bond or official oath, as required by s. 755.03.
History:  1977 c. 187 s. 94; 1977 c. 305 s. 64; Stats. 1977 s. 755.04; 1985 a. 304; 2009 a. 402.
2023 Wisconsin Statutes & Annotations › Chapter 755 - Municipal court. › 755.045 - Jurisdiction.

755.045
Jurisdiction.
(1)
A municipal court has exclusive jurisdiction over an action in which a municipality seeks to impose forfeitures for violations of municipal ordinances of the municipality that operates the court, except as follows:
(a)
If the action is transferred under s. 800.035 (5) (c) or 800.05 (3) to a court of record.
(b)
If equitable relief is demanded the plaintiff shall bring the action in a court of record.
(c)
Whenever the municipal court of a 1st class city in any county having a population of 750,000 or more is not in session, the circuit court has concurrent jurisdiction to hear municipal court cases.
(2)
A municipal judge may issue civil warrants to enforce matters which are under the jurisdiction of the municipal court, as provided in ch. 800. Municipal judges are also authorized to issue inspection warrants under s. 66.0119.
(3)
A municipal judge may order the payment of restitution for violations of ordinances that prohibit conduct that is the same as or similar to conduct prohibited by state statute punishable by fine or imprisonment or both. The judge shall use the restitution procedure under s. 800.093.
History:  1977 c. 187 s. 94; 1977 c. 305; Stats. 1977 s. 755.045; 1979 c. 32 s. 92 (17); 1985 a. 179; 1989 a. 261; 1991 a. 40; 1999 a. 150; 2009 a. 402; 2017 a. 207 s. 5.
2023 Wisconsin Statutes & Annotations › Chapter 755 - Municipal court. › 755.05 - Territorial jurisdiction.

755.05
Territorial jurisdiction.
Every judge has statewide jurisdiction as authorized by this chapter and ch. 800.
History:  1977 c. 187 s. 94; 1977 c. 305 s. 64; Stats. 1977 s. 755.05; 1985 a. 89; 2009 a. 402.
2023 Wisconsin Statutes & Annotations › Chapter 755 - Municipal court. › 755.06 - Sessions of court.

755.06
Sessions of court.
The municipal court shall be open daily or as determined by the judge and approved by the governing body.
History:  1977 c. 187 s. 94; Stats. 1977 s. 755.06; 1983 a. 192 s. 303 (4); 2009 a. 402.
2023 Wisconsin Statutes & Annotations › Chapter 755 - Municipal court. › 755.09 - Office, where kept.

755.09
Office, where kept.
(1)
The governing body of the city, village, or town shall provide the judge with an office or appropriate work space other than at a place prohibited under sub. (2).
(2)
No judge may keep his or her office or hold court in any tavern, or in any room in which intoxicating liquors are sold, or in any room connecting with a tavern or room in which intoxicating liquors are sold.
History:  1977 c. 187 s. 94; 1977 c. 305 s. 64; Stats. 1977 s. 755.09; 1997 a. 27; 2009 a. 402.
2023 Wisconsin Statutes & Annotations › Chapter 755 - Municipal court. › 755.10 - Employees.

755.10
Employees.
(1)
Except as provided in sub. (2), the judge shall in writing appoint the personnel that are authorized by the council or board. The council or board shall authorize at least one clerk for each court. Except as provided in sub. (2), the hiring, termination, hours of employment, and work responsibilities of the court personnel, when working during hours assigned to the court, shall be under the judge's authority. Their salaries shall be fixed by the council or board. The clerks shall, before entering upon the duties of their offices, take the oath provided by s. 19.01 and give a bond if required by the council or board. The cost of the bond shall be paid by the municipality. Oaths and bonds of the clerks shall be filed with the municipal clerk.
(2)
In the municipal court located in the city of Milwaukee the court administrator shall in writing appoint the personnel that are authorized by the council or board. In the municipal court located in the city of Milwaukee the hiring, termination, hours of employment, and work responsibilities of the court personnel, when working during hours assigned to the court, shall be under the court administrator's authority.
History:  1977 c. 187 s. 94; Stats. 1977 s. 755.10; 1983 a. 192 s. 303 (4); 2009 a. 402; 2011 a. 260 s. 80.
2023 Wisconsin Statutes & Annotations › Chapter 755 - Municipal court. › 755.11 - Records.

755.11
Records.
Every judge shall file and keep together all records in an action separate from all other records. The judge shall store all records in the office of the court clerk or in another appropriate facility designated by the council or board. Access to the records shall be restricted to court personnel except as authorized by the judge or by law. Nothing in this section is intended to restrict the ability of counsel or parties to read the records. The purchase or implementation of any electronic records management system used by the court shall be approved by the judge.
History:  1977 c. 187 s. 94; Stats. 1977 s. 755.11; 1983 a. 192 s. 303 (4); 2009 a. 402.
2023 Wisconsin Statutes & Annotations › Chapter 755 - Municipal court. › 755.12 - Delivery of books to municipal clerk.

755.12
Delivery of books to municipal clerk.
When a municipal court ceases to operate, the court records, books of account, case files, moneys and bonds belonging to the court shall be delivered to the municipal clerk within 10 days after the vacancy occurs by the person who is in possession. If the municipal court was established under s. 755.01 (4), the person shall separate the court records, books, files, moneys and bonds according to the municipalities involved and deliver them to the appropriate municipal clerk.
History:  1977 c. 187 s. 94; Stats. 1977 s. 755.12; 1985 a. 89; 1995 a. 224.
2023 Wisconsin Statutes & Annotations › Chapter 755 - Municipal court. › 755.13 - Books demanded by municipal clerk.

755.13
Books demanded by municipal clerk.
If any materials which should be delivered to the municipal clerk under s. 755.12 are not delivered within the time specified, the municipal clerk shall demand their delivery and may by action compel delivery.
History:  1977 c. 187 ss. 94, 135; Stats. 1977 s. 755.13.
2023 Wisconsin Statutes & Annotations › Chapter 755 - Municipal court. › 755.14 - Duty of clerk on receipt of books.

755.14
Duty of clerk on receipt of books.
(1)
When the municipal clerk receives the court records, books of account and case files of a municipal court which has ceased to operate, he or she shall within 10 days dispose of them as follows:
(a)
Deliver them to the clerk of the circuit court of that county if the municipality in which the municipal court was located was within one county.
(b)
Deliver the case files of the pending and appealable cases to the clerk of circuit court of the county where the court held office and certified copies of the court records for the past 12 months to the clerk of circuit court of every county in which the municipality lies, if the municipality in which the municipal court was located is in more than one county.
(2)
For any pending or appealable cases, the bail shall be delivered along with the case file to the proper clerk of court. Any other moneys received under sub. (1) shall be delivered to the municipal treasurer as provided in s. 800.10 (2).
History:  1977 c. 187 s. 94; 1977 c. 305 s. 65; 1977 c. 449 s. 497; Stats. 1977 s. 755.14; 1979 c. 32 s. 92 (17); 1981 c. 317 s. 2202; 1993 a. 246; 1995 a. 224.
2023 Wisconsin Statutes & Annotations › Chapter 755 - Municipal court. › 755.15 - Pending actions triable by court which receives books.

755.15
Pending actions triable by court which receives books.
When any action is pending before a judge at the time his or her office becomes vacant and his or her books and records have been delivered to the circuit court, it may try the action and enter judgment as though the action was begun before it.
History:  1977 c. 187 s. 94; 1977 c. 305 s. 64; 1977 c. 449 s. 497; Stats. 1977 s. 755.15; 2009 a. 402.
2023 Wisconsin Statutes & Annotations › Chapter 755 - Municipal court. › 755.16 - Continuance on vacancy; notice of trial.

755.16
Continuance on vacancy; notice of trial.
All actions before any judge undetermined or appealable when his or her office becomes vacant are continued until the expiration of 10 days from the time when his or her books and records were delivered to the circuit court. The court shall give 3 days' notice to the parties to the action.
History:  1977 c. 187 s. 94; 1977 c. 305 s. 64; 1977 c. 449 s. 497; Stats. 1977 s. 755.16; 2009 a. 402.
2023 Wisconsin Statutes & Annotations › Chapter 755 - Municipal court. › 755.17 - Municipal court decorum and facilities.

755.17
Municipal court decorum and facilities.
(1)
A municipal judge shall wear a black robe while presiding in a municipal court except when exceptional circumstances exist.
(1m)
The clerk of the municipal court shall be attired in appropriate clothing and may not, while performing municipal court functions, wear anything that implies or indicates that he or she is a law enforcement officer or employee of a law enforcement agency.
(2)
The governing body of the city, village, or town shall provide a courtroom for a municipal court, which shall be in an adequate facility. The courtroom shall be in a public building if a suitable public building is available within the municipality and shall be located in an area separate from the police department by design or signage. The courtroom shall be designed and furnished to create and promote the proper atmosphere of dignity, safety, and decorum for the operation of the court. Upon request of the municipal judge, the governing body shall provide an armed guard or officer for court sessions.
(3)
All personnel employed by the court shall be located in an area separate and distinct from the police department by design or signage.
(4)
Every municipal court shall have a telephone number or extension separate from the telephone number or extension of any other governmental department.
History:  1977 c. 305; 2009 a. 402; 2019 a. 70.
2023 Wisconsin Statutes & Annotations › Chapter 755 - Municipal court. › 755.18 - Municipal judge and court clerk training.

755.18
Municipal judge and court clerk training.
(1)
Municipal court clerks and judges shall participate in a program of continuing education as required by the supreme court.
(2)
Municipalities shall bear the cost of programs under sub. (1) provided by the court. All moneys collected by the supreme court under this section shall be deposited in s. 20.680 (2) (i).
(3)
This section does not apply to a municipal judge appointed under s. 8.50 (4) (fm) nor to a former municipal judge or former circuit judge to whom cases are assigned under s. 800.06 during the 6-month period following the date on which the judge receives his or her initial assignment.
History:  1983 a. 27; 1985 a. 304; 2009 a. 402.
2023 Wisconsin Statutes & Annotations › Chapter 755 - Municipal court. › 755.19 - Municipal court commissioners.

755.19
Municipal court commissioners.
(1)
Appointment. First class cities may create the office of municipal court commissioner. The municipal court commissioner shall be an attorney licensed to practice in this state and shall complete annual educational credits consistent with supreme court requirements for municipal judges. The common council shall establish the number of positions and set the term, the additional qualifications and the compensation for the office. The presiding judge of the municipal court shall be the appointing authority and may terminate the employment of a municipal court commissioner at will and without cause. The municipal court commissioner shall be supervised by the judge whose cases the commissioner is hearing. Each municipal court commissioner shall take and file the official oath in the office of the clerk of the municipal court of the 1st class city for which appointed before performing any duty of the office.
(2)
Powers and duties. Under the supervision of a municipal judge, a municipal court commissioner may do all of the following:
(a)
Under ss. 800.035 and 800.095 (1), conduct initial appearances and receive noncontested forfeiture pleas, order the revocation or suspension of driving privileges and impose forfeitures, impose community service and restitution according to the schedule adopted by the municipal court where appointed, and issue dispositional and sanction orders pursuant to ch. 938.
(b)
Issue warrants for those who do not appear as scheduled or as summoned.
(c)
Conduct hearings on warrant returns.
(d)
Schedule indigency hearings.
(e)
Make a finding on the indigency of defendants.
(f)
Enforce alternative judgments for failure to comply with court orders.
(g)
Conduct court proceedings and exercise any power authorized by statute.
(3)
New hearings and appeals of municipal court commissioner rulings. A motion for a new hearing or appeal of a contested ruling by a municipal court commissioner shall be filed with the municipal court no later than the 20th day after the commissioner makes the ruling. The motion shall be heard by the supervising municipal judge under the procedure consistent with the procedure adopted by the judicial district on motions to reopen judgments before the municipal court. Nothing in this subsection shall be construed as altering the time periods for filing a notice of appeal from a final judgment or filing a motion of relief from judgment.
History:  1997 a. 27; 2009 a. 402.
2023 Wisconsin Statutes & Annotations › Chapter 755 - Municipal court. › 755.21 - Collection.

755.21
Collection.
The governing body or court may contract with a collection agency for the collection of unpaid forfeitures, assessments, and surcharges under s. 66.0114 (1) (a). Collection under this section may not begin until the court refers the case to the collection agency. The contract shall provide that the collection agency shall be paid from the proceeds recovered by the collection agency. For each violation for which a forfeiture, assessment, or surcharge is imposed, the municipal court shall determine the amount to be distributed to each entity under s. 66.0114 (1) (bm) and (3) (b) and (c) as follows:
(1)
Calculate the percentage of the total violation amount to which the entity is entitled before the collection agency is paid.
(2)
Subtract from the amount collected for the violation the amount paid to the collection agency to collect the violation amount.
(3)
Multiply the remainder under sub. (2) by the percentage under sub. (1).
History:  2003 a. 140; 2005 a. 305; 2009 a. 402.
2023 Wisconsin Statutes & Annotations › Chapter 756 - Juries. › 756.001 - State policy on jury service; opportunity and obligation to serve as juror.

756.001
State policy on jury service; opportunity and obligation to serve as juror.
(1)
Trial by jury is a cherished constitutional right.
(2)
Jury service is a civic duty.
(3)
No person who is qualified and able to serve as a juror may be excluded from that service in any court of this state on the basis of sex, race, color, sexual orientation as defined in s. 111.32 (13m), disability, religion, national origin, marital status, family status, lawful source of income, age or ancestry or because of a physical condition.
(4)
All persons selected for jury service shall be selected at random from the population of the area served by the circuit court. All qualified persons shall have an equal opportunity to be considered for jury service in this state and the obligation to serve as jurors when summoned under this chapter for that purpose. Any manual or automated method of selection that provides each qualified person with an equal probability of selection for jury service or that provides each prospective juror with an equal opportunity for assignment to a particular trial may be used.
(5)
The presiding judge of each circuit court, or, if there is none, the circuit judge designated by the chief judge to supervise the jury system, shall be responsible for administering the jury system in that court and shall discharge that duty in an efficient, equitable and cost-effective manner, in accordance with this chapter. The clerk of circuit court, if delegated by and under the supervision of the judge responsible for administering the jury system, may select and manage juries under policies and rules established by the judges in that circuit court.
History:  1991 a. 271; Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997).
Judicial Council Note, 1996: Subsections (1) and (2) are based on prior s. 756.001(1). Subsection (3) implements ABA Standard 4 by expanding the nondiscrimination clause of prior s. 756.01(3) to all classes protected under the state equal rights statute, s. 101.22. Subsection (4) implements ABA Standard 3 and is based on prior s. 756.001(2). Subsection (5), based on the same prior statute, implements ABA Standard 10. [Re SCO No. 96-08 eff. 7-1-97]
Wisconsin law does not permit a court to deliberately summon a greater number of potential jurors from some geographic areas than from others in an attempt to ensure that the racial and ethnic makeup of juries better reflects a representative cross-section of the community served by the court. Wisconsin law requires that all qualified persons have an equal opportunity to be randomly summoned for jury service. It does not permit a jury selection system that gives some persons greater, some lesser, opportunities to be summoned, depending on the area of the community where they live. OAG 3-08.
2023 Wisconsin Statutes & Annotations › Chapter 756 - Juries. › 756.01 - Definitions.

756.01
Definitions.
In this chapter:
(1)
“Juror" means a person summoned in compliance with this chapter or who has taken an oath or affirmation under s. 756.08 (1).
(2)
“Jury" means the jurors and alternates sworn to hear a trial.
(3)
“Jury array" means the annual list of prospective jurors in each county qualified as eligible to serve under s. 756.02.
(4)
“Jury panel" means the jurors present for voir dire in a specific case.
(5)
“Jury venire" means the jurors summoned for a date-specific term of service.
(6)
“Jury year" means the calendar year beginning January 1 and ending December 31.
History:  Sup. Ct. Order No. 08-01, 2008 WI 104, 307 Wis. 2d xxxv.
2023 Wisconsin Statutes & Annotations › Chapter 756 - Juries. › 756.02 - Juror qualifications.

756.02
Juror qualifications.
Every resident of the area served by a circuit court who is at least 18 years of age, a U.S. citizen and able to understand the English language is qualified to serve as a juror in that circuit unless that resident has been convicted of a felony and has not had his or her civil rights restored.
History:  Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997).
Judicial Council Note, 1996: This section, based on prior s. 756.01 (1), implements ABA Standard 4. [Re SCO No. 96-08 eff. 7-1-97]
An ability to understand the English language is necessary in order to satisfy the statutory requirements of ss. 756.02 and 756.04. If a juror cannot meet the statutory requirements, then the entire trial process may be nothing more than an “exercise in futility." A defendant was prejudiced when a juror was allowed to serve who was not qualified under the statutes and did not have a sufficient understanding of English to meaningfully participate in the trial process. State v. Carlson, 2003 WI 40, 261 Wis. 2d 97, 661 N.W.2d 51, 01-1136.
That a father and son had the same first and last names, middle initial, phone number, and address, the jury summons did not include any specific identifying information, and the son appeared and served on the jury when the summons was intended for the father, did not make the son an improper juror. State v. Turner, 2013 WI App 23, 346 Wis. 2d 229, 827 N.W.2d 654, 12-0297.
2023 Wisconsin Statutes & Annotations › Chapter 756 - Juries. › 756.03 - Excuse; deferral.

756.03
Excuse; deferral.
(1)
Excuse. The court to which a person is summoned for jury service may excuse the person from jury service if the court determines that the person cannot fulfill the responsibilities of a juror. The court shall not consider any structural limitations of a facility when making that determination.
(2)
Deferral. The court to which a person is summoned for jury service may, upon request of that person, defer to a later date set by the court the period in which the person must serve if the court determines that service as a juror would entail undue hardship, extreme inconvenience or serious obstruction or delay in the fair and impartial administration of justice.
(3)
Clerk authorized to grant. The judge responsible for administering the jury system in the circuit court may authorize the clerk of circuit court to grant excuses or deferrals under this section. The authorization may limit the grounds on which the clerk of circuit court may grant the excuse or deferral and may require persons seeking an excuse or deferral to document the basis for any excuse or deferral.
History:  Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997).
Judicial Council Note, 1996: This proposal, implementing ABA Standard 6, repeals the concept of exclusions and exemptions under prior s. 756.02. Instead, it allows judicial excuses for persons who clearly cannot fulfill the duties of a juror and deferrals for undue hardship. Periods of required availability for jury service are set forth in s. 756.28. [Re SCO No. 96-08 eff. 7-1-97]
Excusing and deferring prospective jurors under this section is one component of a circuit judge's obligation to administer the jury system. The judge may delegate the authority to the clerk of circuit court under sub. (3). The task need not be by a judge in court or with the prospective juror present in person, and may take place in advance of a particular trial. A defendant's presence cannot be required when the judge or clerk is acting in an administrative capacity under this section. State v. Gribble, 2001 WI App 227, 248 Wis. 2d 409, 636 N.W.2d 488, 00-1821.
2023 Wisconsin Statutes & Annotations › Chapter 756 - Juries. › 756.05 - Jury summons, when and how issued.

756.05
Jury summons, when and how issued.
At least 12 days before the first day on which a jury is required to be present, to create the jury venire, the clerk of circuit court shall randomly select a sufficient number of prospective jurors from the jury array created under s. 756.04 (9) who shall be summoned to appear before the court at an appropriate time for jury service. The summons may be served by 1st class mail or another method.
History:  Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997); Sup. Ct. Order No. 08-01, 2008 WI 104, 307 Wis. 2d xxxv.
Judicial Council Note, 1996: Based on prior s. 756.08, this provision implements ABA Standard 11. Under s. 756.04(6), the qualification questionnaire sent to prospective jurors may be sent at the same time as the summons. [Re SCO No. 96-08 eff. 7-1-97]
2023 Wisconsin Statutes & Annotations › Chapter 756 - Juries. › 756.06 - Jury selection.

756.06
Jury selection.
(1)
Whenever an issue is to be tried before a jury, the clerk of circuit court shall randomly select names from the jury venire until the desired number is obtained to create the jury panel. The random selection of names may include the provision that jurors reporting for service who have not been considered for assignment to a panel be considered before other jurors are considered for a second panel.
(2)
(a)
A jury in a criminal case shall consist of 12 persons unless both parties agree on a lesser number as provided in s. 972.02.
(b)
Except as provided in par. (c) and ss. 980.05 (2) and (2m) (c), 980.09 (3), and 980.095 (1), a jury in a civil case shall consist of 6 persons unless a party requests a greater number, not to exceed 12. The court, on its own motion, may require a greater number, not to exceed 12.
(c)
A jury in a case involving an offense for which a forfeiture may be imposed or in an inquest under s. 979.05 shall consist of 6 persons.
(d)
This subsection does not apply to cases under ch. 938.
History:  1977 c. 187 s. 95; Stats. 1977 s. 756.06; Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997); 2005 a. 434; Sup. Ct. Order No. 08-01, 2008 WI 104, 307 Wis. 2d xxxv; 2013 a. 164.
Judicial Council Note, 1996: Based on prior s. 756.096, this section implements ABA Standard 17. [Re SCO No. 96-08 eff. 7-1-97]
2023 Wisconsin Statutes & Annotations › Chapter 756 - Juries. › 756.07 - Insufficient jurors.

756.07
Insufficient jurors.
When a sufficient number of jurors cannot be obtained for a trial from the jury venire supplied by the clerk of circuit court, the court may order the sheriff to bring before the court persons in the vicinity for determination by the court of their qualification and ability to serve as jurors for the particular trial.
History:  Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997); Sup. Ct. Order No. 08-01, 2008 WI 104, 307 Wis. 2d xxxv.
Judicial Council Note, 1996: Based on prior s. 756.06, this allows jurors to be chosen from those in the vicinity, whether or not “bystanders," for a particular trial. [Re SCO No. 96-08 eff. 7-1-97]
2023 Wisconsin Statutes & Annotations › Chapter 756 - Juries. › 756.08 - Oaths and affirmations.

756.08
Oaths and affirmations.
(1)
The jurors selected to try the issues in the action or proceeding shall take an oath or affirmation to try the issues submitted to them and, unless discharged by the court, to give a verdict according to the law and the evidence given in court.
(2)
When the issues have been submitted to the jury, a proper officer, subject to the direction of the court, shall swear or affirm that the officer will keep all jurors together in some private and convenient place until they have agreed on and rendered their verdict, are permitted to separate or are discharged by the court. While the jurors are under the supervision of the officer, he or she may not permit them to communicate with any person regarding their deliberations or the verdict that they have agreed upon, except as authorized by the court.
History:  Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997).
Judicial Council Note, 1996: This section is based on prior s. 756.098. The ABA Standards do not mention oaths or affirmations. [Re SCO No. 96-08 eff. 7-1-97]
2023 Wisconsin Statutes & Annotations › Chapter 756 - Juries. › 756.25 - Juror fees and mileage.

756.25
Juror fees and mileage.
(1)
Every grand and petit juror summoned shall receive an amount, not less than $16, as fixed by the county board, for each day of attendance, and an amount equal to the mileage rate set under s. 20.916 (8) for each mile traveled each day in going and returning by the most usual route. A juror may not be paid for a day when the court is not in session unless payment is ordered by the court.
(2)
The county board may pay jurors by the half-day. The payment shall be for 50 percent of the established daily pay under sub. (1) and may not affect the payment for mileage.
(3)
Notwithstanding subs. (1) and (2), if the judges in any circuit have established a system under s. 756.28 in which jurors are summoned to serve for only one day or one trial, the county board may determine the amount to be paid jurors for the first day of attendance and the amount to be paid jurors for traveling to and from the court for the first day of attendance.
(4)
When a juror has completed his or her service, the clerk of circuit court shall promptly initiate the procedure for payment of the juror's fees and mileage under s. 59.64 (1) (g) 1.
History:  1973 c. 333; 1975 c. 224; 1977 c. 187 s. 95; 1977 c. 318, 449; Stats. 1977 s. 756.25; 1979 c. 128; 1987 a. 214, 398; 1991 a. 271; 1993 a. 16, 490; Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997).
Judicial Council Note, 1996: Based on prior ss. 756.24 and 756.25, this section implements ABA Standard 15. The payment procedure applies regardless of whether the juror was selected under s. 756.07 or under s. 756.08. Prior s. 756.26 is repealed as unnecessary. [Re SCO No. 96-08 eff. 7-1-97]
2023 Wisconsin Statutes & Annotations › Chapter 756 - Juries. › 756.255 - Leave of absence.

756.255
Leave of absence.
An employer shall grant an employee a leave of absence without loss of time in service for the period of jury service. For the purpose of determining seniority or pay advancement, the status of the employee shall be considered uninterrupted by the jury service. No employer may use absence due to jury service as a basis for discharging an employee or for any disciplinary action against the employee. An employer who discharges or disciplines an employee in violation of this section may be fined not more than $200 and may be required to make full restitution to the aggrieved employee, including reinstatement and back pay. Except as otherwise provided in this section, restitution shall be in accordance with s. 973.20.
History:  Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997).
Judicial Council Note, 1996: Based on prior s. 756.25(1), this section implements ABA Standard 15 (c). [Re SCO No. 96-08 eff. 7-1-96]
2023 Wisconsin Statutes & Annotations › Chapter 756 - Juries. › 756.28 - Length of juror service; periods of required availability.

756.28
Length of juror service; periods of required availability.
(1)
One day or one trial. The judges in any circuit may establish a system in which a person summoned under s. 756.05 may not be required to serve or attend court for prospective service as a petit juror for more than one day in a specified period, unless more days are necessary to complete service in a particular case. The specified period may not be less than 2 nor more than 4 years. In circuits where judges have established such a system, a petit juror whose deliberation ends with a verdict may not be required to participate in a 2nd trial even though the juror may not have completed the first day of juror service at the time of commencement of the 2nd trial.
(2)
General 4-year eligibility. In a county where a system has not been established under sub. (1), a person may be required to be available for service as a grand or petit juror only once in any 4-year period. The period for which any person may be required to be available for service may not exceed 31 consecutive days. No person may be required to serve, or attend court for prospective service, as a juror for a total of more than 5 days unless more days are necessary to complete service in a particular case.
History:  1991 a. 271; Sup. Ct. Order No. 95-11, 206 Wis. 2d xiii (1996); Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997).
Judicial Council Note, 1996: Based on prior s. 756.28, this section implements ABA Standard 5. Subsection (1) is revised to allow greater flexibility than prior statutes with respect to the length of the period during which a juror who has served for one day/one trial cannot be summoned again.
The amendment to sub. (2) is identical to a Supreme Court rulemaking petition heard October 11, 1995. The Judicial Council Note to the proposal reads as follows: Subsection (2) is revised, effective January 1, 1997, to specify that a person may only be required to be available for jury service once in any 4-year period. The maximum term of jury availability is reduced to 31 consecutive days, and the maximum number of days of actual court attendance is limited to five, unless more are necessary to complete a particular trial. This change is intended to implement the recommendations of the American Bar Association that such periods be as short as possible, consistent with the needs of justice. [Re SCO No. 96-08 eff. 7-1-96]
2023 Wisconsin Statutes & Annotations › Chapter 756 - Juries. › 756.30 - Penalties.

756.30
Penalties.
(1m)
Juror contempt procedure. Whoever does any of the following is subject to sanctions for contempt of court:
(am)
Willfully misrepresents any material fact on a juror qualification form under s. 756.04 (6).
(bm)
Fails to return the completed juror qualification form within 10 days after receipt of the form.
(cm)
Fails to attend court after being lawfully summoned without being excused by the court.
(2)
Clerk of circuit court; fraud. If the clerk of circuit court commits any fraud in the selection of jurors or prospective jurors, the clerk shall forfeit not more than $500 for each offense.
(2m)
Sanctions. A circuit court may impose a sanction for violation of sub. (1m) in an amount not to exceed $500. The sanction may be imposed by the court after hearing on an order to show cause why the prospective juror should not be held in contempt for failure to comply with the obligation of jury service. No costs, fees, or surcharges shall be imposed and the sanction shall be retained by the clerk of circuit court to offset juror costs.
History:  Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997); Sup. Ct. Order No. 08-01, 2008 WI 104, 307 Wis. 2d xxxv.
Judicial Council Note, 1996: Subsection (1) carries forward the penalty in prior s. 756.04(2)(b). Subsection (2) is based on prior s. 756.041, and carries the same penalty. Subsection (3) is based on prior s. 756.23. [Re SCO No. 96-08 eff. 7-1-97]
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.001 - Definitions.

757.001
Definitions.
In this chapter:
(1)
“Circuit court commissioner" means a person appointed under SCR 75.02 (1) and a supplemental court commissioner authorized under SCR 75.02 (3) to the limited extent of that authorization.
(2)
“Supplemental court commissioner" means a person appointed under s. 757.675 (1).
History:  2001 a. 61.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.01 - Powers of courts.

757.01
Powers of courts.
The several courts of record of this state shall have power:
(1)
To issue process of subpoena, requiring the attendance of any witness, residing or being in 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 any such matter or cause, and in all other cases where it may be necessary in the exercise of the powers and duties of such court.
(3)
To devise and make such writs and proceedings as may be necessary to carry into effect the powers and jurisdiction possessed by them.
(4)
To exercise any of the powers and duties of a circuit court commissioner.
History:  1977 c. 187 s. 96; Stats. 1977 s. 757.01; 2001 a. 61.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.02 - Justices and judges and municipal judges; oath of office; ineligibility to other office; salary; conservators of peace.

757.02
Justices and judges and municipal judges; oath of office; ineligibility to other office; salary; conservators of peace.
(1)
Every person elected or appointed justice of the 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 (or appointed) to the office of ...., but have not yet entered upon the duties thereof, do solemnly swear that I will support the constitution of the United States and the constitution of the state of Wisconsin; that I will administer justice without respect to persons and will faithfully and impartially discharge the duties of said office to the best of my ability. So help me God.
.... (Signature)
Subscribed and sworn to before me this .... day of ...., .... (year)
.... (Signature)
(2)
The judge of any court of record in this state shall be ineligible to hold any office of public trust, except a judicial office, during the term for which he or she was elected or appointed.
(3)
The judges of such courts shall be conservators of the peace, and have power to administer oaths and take the acknowledgments of deeds and other written instruments throughout the state.
(5)
Except for retired judges appointed under s. 753.075, each supreme court justice, court of appeals judge and circuit court judge included under ch. 40 shall accrue sick leave at the rate established under s. 230.35 (2) for the purpose of credits under s. 40.05 (4) (b) and for premium payment determinations under s. 40.05 (4) and (5).
History:  1977 c. 187 s. 96; 1977 c. 305 s. 64; 1977 c. 418, 449; Stats. 1977 s. 757.02; 1979 c. 32; 1981 c. 96, 353; 1987 a. 83; 1989 a. 355; 1997 a. 250.
The period of time constituting the “term for which elected" is set when a judge or justice is elected, and is thereafter unalterable by means of resignation. Wagner v. Milwaukee County Election Commission, 2003 WI 103, 263 Wis. 2d 709, 666 N.W.2d 816, 02-0375.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.025 - Judge to file affidavit as to work done to receive salary.

757.025
Judge to file affidavit as to work done to receive salary.
(1)
No judge of a court of record may receive or be allowed to draw any salary, unless he or she first executes an affidavit stating that no cause or matter which has been submitted in final form to his or her court remains undecided that has been submitted for decision for 90 days, exclusive of the time that he or she has been actually disabled by sickness or unless extended by the judge under sub. (2). The affidavit shall be presented to and filed with every official who certifies in whole or in part, the judge's salary.
(2)
If a judge is unable to complete a decision within the 90-day period specified in sub. (1), the judge shall so certify in the record and the period is thereupon extended for one additional period of not to exceed 90 days.
History:  1977 c. 187 s. 96; Stats. 1977 s. 757.025.
NOTE:  See SCR 70.36, judges' certification of status of pending cases, adopted in 118 Wis. 2d 762, at 786.
This section is an intrusion by the legislature into the exclusively judicial area of judicial decision-making and, as such, is an unconstitutional violation of the separation of powers doctrine. In Matter of Complaint Against Grady, 118 Wis. 2d 762, 348 N.W.2d 559 (1984).
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.05 - Penalty surcharge.

757.05
Penalty surcharge.
(1)
Levy of penalty surcharge.
(a)
Whenever a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) or (2m), for a financial responsibility violation under s. 344.62 (2), or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety belt use violations under s. 347.48 (2m), there shall be imposed in addition a penalty surcharge under ch. 814 in an amount of 26 percent of the fine or forfeiture imposed. If multiple offenses are involved, the penalty surcharge shall be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part, the penalty surcharge shall be reduced in proportion to the suspension.
(b)
If a fine or forfeiture is imposed by a court of record, after a determination by the court of the amount due, the clerk of the court shall collect and transmit the amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration as provided in s. 59.25 (3) (f) 2.
(c)
If a fine or forfeiture is imposed by a municipal court, after a determination by the court of the amount due, the court shall collect and transmit the amount to the treasurer of the county, city, town, or village, and that treasurer shall make payment to the secretary of administration as provided in s. 66.0114 (1) (bm).
(d)
If any deposit of bail is made for a noncriminal offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the surcharge under this subsection for forfeited bail. If bail is forfeited, the amount of the surcharge shall be transmitted monthly to the secretary of administration under this subsection. If bail is returned, the surcharge shall also be returned.
(2)
Use of penalty surcharge moneys. All moneys collected from penalty surcharges under sub. (1) shall be credited to the appropriation account under s. 20.455 (2) (i).
NOTE: Sub. (2) is shown as amended eff. 7-1-24 by 2023 Wis. Act 19. Prior to 7-1-24 it reads:
History:  1999 a. 9 ss. 2292m, 2298, 3050m to 3050o; 1999 a. 72 s. 6; 1999 a. 150 s. 672; 2001 a. 16; 2003 a. 30, 33, 139, 268, 326, 327; 2005 a. 25, 60; 455; 2007 a. 96; 2009 a. 12, 28, 276; 2011 a. 258; 2023 a. 19.