reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.08 - Vacancy in judgeship not to affect suits.

757.08
Vacancy in judgeship not to affect suits.
No process, proceeding or action, civil or criminal, before any court of record shall be discontinued by the occurrence of any vacancy in the office of any judge or of all the judges of such court, nor by the election of any new judge or judges of any such court, but the persons so elected shall have power to continue, hear and determine such process, proceedings or action as their predecessors might have done if no new election had been held.
History:  1977 c. 187 s. 96; Stats. 1977 s. 757.08.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.10 - Failure to adjourn.

757.10
Failure to adjourn.
No omission to adjourn any such court may vitiate any proceedings in the court.
History:  1977 c. 187 s. 96; 1977 c. 449; Stats. 1977 s. 757.10.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.12 - Adjournment to another location.

757.12
Adjournment to another location.
Whenever it is deemed unsafe or inexpedient, by reason of war, pestilence, public calamity, or other compelling factors limiting or preventing access to the courthouse, the justices or judges of the court may order court to be held at an alternative location in this state, including in another county, on a temporary basis. Every such order shall be made in writing. Notice of such orders shall be provided by e-mail to the chief justice, the chief judge of the judicial district, the director of state courts, the State Bar of Wisconsin, and the local bar association. Any such orders shall be placed on the Wisconsin state courts website, the county website, and the door of the courthouse, if practicable. All court proceedings moved to another location shall have the same force and effect as if held at the original location. Bench warrants shall not be issued for failure to appear without a finding that the party received notice of the date, time, and location of the proceeding.
History:  1977 c. 187 s. 96; 1977 c. 449; Stats. 1977 s. 757.12; Sup. Ct. Order No. 21-03, 2022 WI 23, filed 4-21-22, eff. 7-1-22; s. 35.17 correction.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.13 - Continuances; legislative privilege.

757.13
Continuances; legislative privilege.
When a witness, party or an attorney for any party to any action or proceeding in any court or any commission, is a member of the Wisconsin legislature, in session, that fact is sufficient cause for the adjournment or continuance of the action or proceeding, and the adjournment or continuance shall be granted without the imposition of terms.
History:  1977 c. 187 s. 96; Stats. 1977 s. 757.13; 1979 c. 34.
This section would violate the doctrine of separation of powers if construed to mandate the grant of a continuance or adjournment. Courts should consider, in the sound exercise of their discretion, that a witness, party, or party's attorney is a member of the legislature in session when that person seeks a continuance or adjournment for that reason and should accommodate the schedule of the legislature consistent with the demands of fairness and efficiency in the particular case. State v. Chvala, 2003 WI App 257, 268 Wis. 2d 451, 673 N.W.2d 401, 03-0746.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.14 - Sittings, public.

757.14
Sittings, public.
The sittings of every court shall be public and every citizen may freely attend the same, including proceedings held by telephone or videoconferencing technology, except if otherwise expressly provided by law. If the content of the proceeding is deemed graphic or obscene, the judge or justice may exclude from the courtroom all minors not present as parties or witnesses. The court may utilize electronic means to allow the public the ability to hear and see, in real time, all proceedings in a manner as similar as practicable to being present in the courtroom.
History:  1977 c. 187 s. 96; Stats. 1977 s. 757.14; Sup. Ct. Order No. 21-03, 2022 WI 23, filed 4-21-22, eff. 7-1-22.
Any citizen has the right to attend immunity hearings arising out of a John Doe proceeding. State ex rel. Newspapers, Inc. v. Circuit Court, 65 Wis. 2d 66, 221 N.W.2d 894 (1974).
It was an abuse of discretion to exclude the public from the voir dire of potential jurors. State ex rel. La Crosse Tribune v. Circuit Court, 115 Wis. 2d 220, 340 N.W.2d 460 (1983).
Commitment hearings under s. 51.20 (12) are open unless the court grants the subject individual's motion for closure. State ex rel. Wisconsin State Journal v. Dane County Circuit Court, 131 Wis. 2d 515, 389 N.W.2d 73 (Ct. App. 1986).
The 6th amendment right to a public trial extends to voir dire. A judge's decision to close or limit public access to a courtroom in a criminal case requires the court to go through an analysis on the record in which the court considers overriding interests and reasonable alternatives. The court must make specific findings on the record to support the exclusion of the public and must narrowly tailor the closure. State v. Pinno, 2014 WI 74, 356 Wis. 2d 106, 850 N.W.2d 207, 11-2424.
Public access to criminal trials in particular is protected by the 1st amendment. Globe Newspaper Co. v. Superior Court, 457 U.S. 596 (1982).
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.15 - Holding court, effect of holidays.

757.15
Holding court, effect of holidays.
A court may be open to transact business on the first day of the week and on a legal holiday in like manner and with like effect as upon any other day.
History:  1975 c. 159; 1977 c. 54; 1977 c. 187 s. 96; 1977 c. 449; Stats. 1977 s. 757.15; 1989 a. 261.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.18 - Process, etc., to be in English.

757.18
Process, etc., to be in English.
All writs, process, proceedings and records in any court within this state shall be in the English language, except that the proper and known names of process and technical words may be expressed in the language heretofore and now commonly used, and shall be made out on paper or parchment in a fair, legible character, in words at length and not abbreviated; but such abbreviations as are now commonly used in the English language may be used and numbers may be expressed by Arabic figures or Roman numerals in the usual manner.
History:  1977 c. 187 s. 96; Stats. 1977 s. 757.18.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.22 - Judge not to act as attorney, etc.; attorneys not to have office with judge.

757.22
Judge not to act as attorney, etc.; attorneys not to have office with judge.
(1)
No judge, while holding office, may be in any manner engaged or act as attorney or counsel; and no judge or his or her clerk or any person employed by the judge in or about his or her office, court commissioner or other judicial officer shall be allowed to give advice to parties litigant in any matter or action pending before the judge or officer, or which the judge has reason to believe will be brought before him or her for decision, or draft or prepare any papers, including wills, or other proceedings relating to any such matter or action except when expressly authorized by law; and no court commissioner or other judicial officer may be allowed to demand or receive any fees or compensation for services as such commissioner or judicial officer, except those expressly authorized by law, upon penalty, for any violation hereof, of removal from office.
(2)
No practicing attorney may hold office in the office of the clerk of any court in which he or she practices nor may he or she hold office in the same room with a judge.
(3)
No practicing attorney may have his or her office in the same room with any district attorney, municipal judge or court commissioner, unless he or she is a partner of the district attorney, municipal judge or court commissioner, in which case he or she shall not practice as an attorney before the municipal judge or court commissioner nor act as attorney in any case in which it is the duty of the district attorney to appear or prosecute for the state; except that the law partner of any district attorney may, at the request of the district attorney, without fee or compensation therefor, assist the district attorney in the prosecution of any case on the part of the state.
(4)
No law partner of any district attorney may act as a municipal judge or court commissioner in any case in which the state may be a party or defend in any court any person charged with any offense, or appear in any civil action against the state in which it is the duty of the district attorney to prosecute or appear for the state.
(5)
Any attorney who violates sub. (2), (3) or (4), and any municipal judge or court commissioner who violates or knowingly permits any such violation, may be fined not to exceed $100 for each such offense.
History:  1977 c. 187 s. 96; 1977 c. 305 ss. 52, 64; Stats. 1977 s. 757.22.
Under sub. (1), a judge may not draft or prepare legal papers even on a gratuitous basis. In re Van Susteren, 82 Wis. 2d 307, 262 N.W.2d 133 (1978).
A probate registrar is an official of the court. An attorney who serves as probate registrar is prohibited from practicing law in the court. 63 Atty. Gen. 55.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.23 - Court commissioner, when disqualified.

757.23
Court commissioner, when disqualified.
A municipal, circuit, or supplemental court commissioner, or any judge acting as a court commissioner, shall not act or take part in the decision of, or make any order in any matter or proceeding in which he or she is a party, or in which his or her rights would be in any manner affected by his or her decision or order thereon, or in which he or she is interested, or in which his or her law partner, or any person connected with him or her as employer, employee or clerk, or in the law business in any manner, shall be interested or appear as a party, agent, attorney or counsel. Any municipal, circuit, or supplemental court commissioner or judge, acting as a court commissioner, violating this section shall forfeit $25 for each violation, and shall also be subject to removal from office.
History:  1977 c. 187 s. 96; Stats. 1977 s. 757.23; 1997 a. 27; 2001 a. 61.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.24 - Liability of judicial officers.

757.24
Liability of judicial officers.
Circuit judges and circuit and supplemental court commissioners shall be held personally liable to any party injured for any willful violation of the law in granting injunctions and appointing receivers, or for refusing to hear motions to dissolve injunctions and to discharge receivers if the motions are made in accordance with law or such rules as are promulgated by the supreme court.
History:  1977 c. 187 s. 96; 1977 c. 449; Stats. 1977 s. 757.24; 2001 a. 61.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.25 - Money in court, how deposited.

757.25
Money in court, how deposited.
The judge of any court of record on the application of a party to any action or proceeding therein who has paid $1,000 or more into court in the action or proceeding may order the money to be deposited in a safe depository until the further order of the court or judge thereof. After the money has been so deposited it shall be withdrawn only upon a check signed by the clerk of the court pursuant to whose order the deposit was made and upon an order made by the court or the judge thereof. The fee for the clerk's services for depositing and disbursing the money is prescribed in s. 814.61 (12) (a).
History:  1977 c. 187 s. 96; Stats. 1977 s. 757.25; 1981 c. 317.
This section has two prerequisites for a fee under s. 814.61 (12) (a): 1) a party to the action has paid at least $1000 into court; and 2) the same party has obtained from the judge an order directing the clerk of court to deposit the money in a safe depository. HSBC Realty Credit Corp. v. City of Glendale, 2007 WI 94, 303 Wis. 2d 1, 734 N.W.2d 874, 05-1042.
This section applies only in those instances when a court order exists. 73 Atty. Gen. 3.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.26 - Court officers, liability of to arrest.

757.26
Court officers, liability of to arrest.
The officers of the several courts of record shall be liable to arrest and may be held to bail in the same manner as other persons, except during the actual sitting of any court of which they are officers; and when sued with any other person such officers shall be liable to arrest and may be held to bail as other persons during the sitting of the court of which they are officers. No attorney or counselor may be exempt from arrest during the sitting of a court of which he or she is an officer unless he or she is employed in some case pending and then to be heard in the court.
History:  1977 c. 187 s. 96; Stats. 1977 s. 757.26.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.295 - Barratry.

757.295
Barratry.
(1)
Soliciting legal business. Except as provided under SCR 20:7.1 to 20:7.5, no person may solicit legal matters or a retainer, written or oral, or any agreement authorizing an attorney to perform or render legal services.
(2)
Solicitation of a retainer for an attorney. Except as provided under SCR 20:7.1 to 20:7.5, no person may communicate directly or indirectly with any attorney or person acting in the attorney's behalf for the purpose of aiding, assisting or abetting the attorney in the solicitation of legal matters or the procurement through solicitation of a retainer, written or oral, or any agreement authorizing the attorney to perform or render legal services.
(3)
Employment by attorney of person to solicit legal matters. Except as provided under SCR 20:7.1 to 20:7.5, no attorney may employ any person for the purpose of soliciting legal matters or the procurement through solicitation of a retainer, written or oral, or of any agreement authorizing the attorney to perform or render legal services.
(4)
Penalty. Any person guilty of any violation of this section shall be imprisoned not more than 6 months or fined not exceeding $500.
History:  1977 c. 187 s. 96; 1977 c. 273, 357; 1977 c. 447 ss. 190, 210; Stats. 1977 s. 757.295; 1985 a. 135; 1997 a. 35.
An agreement that a non-attorney would solicit clients for an attorney, in violation of this section, in exchange for payment of 25 percent of the attorney's fee, in violation of s. 757.45, was unenforceable on the grounds of unjust enrichment or restitution. Abbott v. Marker, 2006 WI App 174, 295 Wis. 2d 636, 722 N.W.2d 162, 05-2853.
Solicitation may be barred even though “speech" is component of that activity. Ohralik v. Ohio State Bar Ass'n, 436 U.S. 447 (1978).
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.34 - Attorney not to be bail, etc.

757.34
Attorney not to be bail, etc.
No attorney practicing in this state shall be taken as bail or security on any undertaking, bond or recognizance in any action or proceeding, civil or criminal, nor shall any practicing attorney become surety on any bond or recognizance for any sheriff, constable, clerk of court or municipal judge.
History:  1977 c. 187 s. 96; 1977 c. 305 s. 64; Stats. 1977 s. 757.34.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.35 - Blank process to attorneys.

757.35
Blank process to attorneys.
The clerks of the courts of record may deliver to any attorney of their courts, in blank, any and all processes which may be requisite for the prosecution of or carrying on any action or special proceeding in such courts, or the enforcement of any order or judgment therein. All processes, so delivered, shall be signed by the clerk officially and have the seal of the court impressed thereon and may be completed by the attorney, and shall have the same force as if the same were perfected by the clerk.
History:  1977 c. 187 s. 96; Stats. 1977 s. 757.35.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.36 - Lien on proceeds of action to enforce cause of action.

757.36
Lien on proceeds of action to enforce cause of action.
Any person having or claiming a right of action, sounding in tort or for unliquidated damages on contract, may contract with any attorney to prosecute the action and give the attorney a lien upon the cause of action and upon the proceeds or damages derived in any action brought for the enforcement of the cause of action, as security for fees in the conduct of the litigation; when such agreement is made and notice thereof given to the opposite party or his or her attorney, no settlement or adjustment of the action may be valid as against the lien so created, provided the agreement for fees is fair and reasonable. This section shall not be construed as changing the law in respect to champertous contracts.
History:  1977 c. 187 s. 96; Stats. 1977 s. 757.36.
An allegation of a retainer is not sufficient to imply an agreement for a lien; even if a written retainer agreement exists, there must be separate proof of a lien agreement. Weigel v. Grimmett, 173 Wis. 2d 263, 496 N.W.2d 206 (Ct. App. 1992).
This section does not create an attorney's lien on settlement proceeds in the absence of a contractual lien; if the contract is breached by the attorney an alternative lien is not created. McBride v. Wausau Insurance Co., 176 Wis. 2d 382, 500 N.W.2d 387 (Ct. App. 1993).
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.37 - When action settled by parties, what proof to enforce lien.

757.37
When action settled by parties, what proof to enforce lien.
If any such cause of action is settled by the parties thereto after judgment has been procured without notice to the attorney claiming the lien, the lien may be enforced and it shall only be required to prove the facts of the agreement by which the lien was given, notice to the opposite party or his or her attorney and the rendition of the judgment, and if any such settlement of the cause of action is had or effected before judgment therein, then it shall only be necessary to enforce the lien to prove the agreement creating the same, notice to the opposite party or his or her attorney and the amount for which the case was settled, which shall be the basis for the lien and it shall not be necessary to prove up the original cause of action in order to enforce the lien and suit.
History:  1977 c. 187 s. 96; Stats. 1977 s. 757.37.
That an insurance company knew an attorney was working on a case did not mean the insurance company had notice that the attorney had a lien. Gerald R. Turner & Assoc. S.C. v. Moriarty, 25 F.3d 1356 (1994).
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.38 - Consent of attorney in settlement of actions for personal injuries.

757.38
Consent of attorney in settlement of actions for personal injuries.
No settlement or adjustment of any action which shall have been commenced to recover damages for any personal injury or for the death as a result of any personal injury in which an attorney shall have appeared for the person or persons having or claiming a right of action for such injury or death shall be valid, unless consented to in writing by such attorney or by an order of the court in which said action is brought approving of such settlement or adjustment.
History:  1977 c. 187 s. 96; Stats. 1977 s. 757.38.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.39 - Judges may direct calendars to be printed.

757.39
Judges may direct calendars to be printed.
The judges of the several courts of record having civil jurisdiction may, in their discretion, direct the respective clerks thereof to prepare printed calendars of the causes to be heard at the several terms, which shall be in the form and contain such matter as the judge may direct. The expense of the printing shall be paid out of the county treasury.
History:  1977 c. 187 s. 96; Stats. 1977 s. 757.39.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.40 - Law library.

757.40
Law library.
Any circuit judge may, whenever he or she deems it desirable, purchase or direct the clerk of the circuit court for any county in his or her circuit to purchase law books and subscribe for the periodical reports of any of the courts of the several states or territories or of the United States, for any county in his or her circuit, provided the cost of the books and reports, including pocket parts and continuing services, shall not exceed $1,500 for any county in one year, unless the board of supervisors of the county authorizes the expenditure of a larger sum. Whenever the purchase or subscription is made the clerk shall have each volume of books received stamped or branded with the name of the county and take charge of the same for the use of the courts, judges, attorneys and officers thereof. The cost of the volumes shall be paid by the county treasurer upon the presentation to him or her of the accounts therefor, certified to by the clerk of the circuit court and the circuit judge.
History:  1977 c. 187 s. 96; Stats. 1977 s. 757.40.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.41 - Law library; Milwaukee County.

757.41
Law library; Milwaukee County.
(1)
The county board of any county having a population of 250,000 or more may acquire by gift, purchase or otherwise, a law library and law books, and shall house the law library and additions in the courthouse or in suitable quarters elsewhere, and may make, and enforce by suitable penalties, rules and regulations for the custody, care and preservation of the books and other property contained in that library. The county board shall provide reasonable compensation for the law librarian and such assistants as are necessary for the proper care and maintenance of the library. Except as provided in sub. (2), the librarian and assistants shall be appointed as the county board determines, under ss. 63.01 to 63.17. The librarian shall perform all of the duties imposed by s. 757.40 upon the clerk of the circuit court of the county in which the library is located and that clerk has no responsibility under s. 757.40. The purchase of additional law books, legal publications, periodicals and works of reference for the library may be directed by each of the circuit judges of the county under s. 757.40. The library shall be kept open every day throughout the year, except Sundays and holidays, for such hours as the county board directs, but the county board may determine by ordinance that the library be closed on Saturdays. Attorneys and the general public shall be permitted to use the books in the library in the building housing the library under rules and regulations adopted by the county board.
(2)
In any county with a population of 750,000 or more, the librarian shall be appointed in the unclassified service by the county executive, subject to confirmation by the county board. The librarian may be dismissed at any time by the county executive with the concurrence of a majority of the members-elect of the county board or by a majority of the members-elect of the county board with the concurrence of the county executive. If the county executive vetoes an action by the county board dismissing the librarian, the county board may override the veto by a two-thirds vote of its members-elect. Assistants shall be appointed as the county board determines, under ss. 63.01 to 63.17.
History:  1971 c. 111; 1977 c. 187 ss. 96, 135; Stats. 1977 s. 757.41; 1987 a. 48; 2017 a. 207 s. 5.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.45 - Sharing of compensation by attorneys prohibited.

757.45
Sharing of compensation by attorneys prohibited.
It is unlawful for any person to divide with or receive from, or to agree to divide with or receive from, any attorney or group of attorneys, whether practicing in this state or elsewhere, either before or after action brought, any portion of any fee or compensation, charged or received by such attorney or any valuable consideration or reward, as an inducement for placing or in consideration of having placed, in the hands of such attorney, or in the hands of another person, a claim or demand of any kind for the purpose of collecting such claim, or bringing an action thereon, or of representing claimant in the pursuit of any civil remedy for the recovery thereof; but this section does not apply to an agreement between attorneys and counselors at law when associated in the conduct of legal matters to divide between themselves the compensation to be received. Any person violating this section shall be fined not to exceed $500 or imprisoned not to exceed 6 months.
History:  1977 c. 187 s. 96; Stats. 1977 s. 757.45.
An agreement that a non-attorney would solicit clients for an attorney, in violation of s. 757.295, in exchange for payment of 25 percent of the attorney's fee, in violation of this section, was unenforceable on grounds of unjust enrichment or restitution. Abbott v. Marker, 2006 WI App 174, 295 Wis. 2d 636, 722 N.W.2d 162, 05-2853.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.46 - Court reporter not to take statements of injured persons.

757.46
Court reporter not to take statements of injured persons.
No court reporter for any court of record in the state of Wisconsin or any of his or her assistants may be employed by any person or corporation to take the statement of any injured or other person in any way relating to the manner in which the person was injured or killed or the extent of personal injuries, and any court reporter or assistant violating this section shall be removed and shall not be permitted to testify in any court concerning any such statement taken in violation of this section. The taking, transcribing or reporting testimony given by deposition or otherwise according to law, is not prohibited by this section.
History:  1977 c. 187 s. 96; Stats. 1977 s. 757.46; Sup. Ct. Order No. 19-01, 2019 WI 44, 386 Wis. 2d xvii.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.47 - Taxes of this state enforced in other states.

757.47
Taxes of this state enforced in other states.
(1)
The courts of this state shall recognize and enforce the liability for taxes lawfully imposed by the laws of any other state which extends a like comity in respect of the liability for taxes lawfully imposed by the laws of this state, and the officials of such other state are authorized to bring action in the courts of this state for the collection of such taxes. The certificate of the secretary of state of such other state that such officials have the authority to collect the taxes sought to be collected by such action shall be conclusive proof of that authority.
(2)
The attorney general is empowered to bring action in the courts of other states to collect taxes legally due the state.
(3)
The term “taxes" as herein employed shall include:
(a)
Any and all tax assessments lawfully made whether they be based upon a return or other disclosure of the taxpayer, upon the information and belief of the taxing authority, or otherwise.
(b)
Any and all penalties lawfully imposed pursuant to a taxing statute.
(c)
Interest charges lawfully added to the tax liability which constitutes the subject of the action.
History:  1977 c. 187 s. 96; Stats. 1977 s. 757.47.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.52 - Guardian ad litem for persons not in being or unascertainable.

757.52
Guardian ad litem for persons not in being or unascertainable.
In any action or proceeding the court may appoint a guardian ad litem for persons not in being or presently unascertainable, if the court has reason to believe that such appointment is necessary to protect the interests of such persons.
History:  Sup. Ct. Order, 50 Wis. 2d vii (1971); 1977 c. 187 s. 96; Stats. 1977 s. 757.52; 1985 a. 29 s. 3202 (23); 1993 a. 326.
Comment of Judicial Council, 1971: Guardian ad litem for unborn child. (Clarification) [Re Order effective July 1, 1971]
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.57 - Transcripts.

757.57
Transcripts.
(2)
In any criminal action or proceeding the court may order, and when required by s. 973.08 the court shall order, a transcript of the testimony and proceedings to be made and certified by a court reporter and filed with the clerk of court. Certified duplicates of transcripts prepared in compliance with s. 973.08 shall be filed with the warden or superintendent of the institution to which sentenced persons have been committed. The cost of the transcript is prescribed in s. 814.69 (1). In case of application for a pardon or commutation of sentence the duplicate transcript shall accompany the application.
(5)
Except as provided in SCR 71.04 (4), every court reporter, upon the request of any party to an action or proceeding, shall make a typewritten transcript, and as many copies thereof as the party requests, of the verbatim record in the action or proceeding, or any part thereof specified by the party, the transcript and each copy thereof to be duly certified by him or her to be a correct transcript thereof. For the transcripts the court reporter is entitled to receive the fees prescribed in s. 814.69 (1) (b) and (bm).
History:  1977 c. 187 s. 96; Stats. 1977 s. 757.57; 1979 c. 32 s. 92 (4); Sup. Ct. Order, eff. 1-1-80; 1981 c. 317, 353, 389; 1987 a. 403 s. 256; 1995 a. 27; 2001 a. 16; Sup. Ct. Order No. 19-01, 2019 WI 44, 386 Wis. 2d xvii.
NOTE:  This section was repealed by Sup. Ct. Order dated 12-11-79, eff. 1-1-80. Subsequent legislative acts repealed and recreated subs. (2) and (5) and repealed subs. (3), (7), and (8). See SCR ch. 71.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.60 - Judicial administrative districts.

757.60
Judicial administrative districts.
The state is divided into judicial administrative districts for the purpose of administering the court system. Each district includes all the circuit courts within the district. The judicial administrative districts are as follows:
(1)
The 1st district consists of Milwaukee County.
(2)
The 2nd district consists of Kenosha, Racine and Walworth counties.
(3)
The 3rd district consists of Dodge, Jefferson, Ozaukee, Washington, and Waukesha counties.
(4)
The 4th district consists of Calumet, Fond du Lac, Green Lake, Manitowoc, Marquette, Sheboygan, Waushara, and Winnebago counties.
(5)
The 5th district consists of Columbia, Dane, Green, Lafayette, Rock, and Sauk counties.
(7)
The 7th district consists of Adams, Buffalo, Clark, Crawford, Grant, Iowa, Jackson, Juneau, La Crosse, Monroe, Pepin, Pierce, Richland, Trempealeau, and Vernon counties.
(8)
The 8th district consists of Brown, Door, Kewaunee, Marinette, Oconto, Outagamie and Waupaca counties.
(9)
The 9th district consists of Florence, Forest, Langlade, Lincoln, Marathon, Menominee, Oneida, Portage, Price, Shawano, Taylor, Vilas, and Wood counties.
(10)
The 10th district consists of Ashland, Barron, Bayfield, Burnett, Chippewa, Douglas, Dunn, Eau Claire, Iron, Polk, Rusk, St. Croix, Sawyer, and Washburn counties.
History:  1977 c. 449; Sup. Ct. Order, 84 Wis. 2d xiii (1978); Sup. Ct. Order, eff. 1-1-80; 1981 c. 317; 1995 a. 225; Sup. Ct. Order No. 18-01, 2018 WI 33, 380 Wis. 2d xiii; Sup. Ct. Order No. 19-21, 2020 WI 17, 390 Wis. 2d xvii.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.66 - Recovery of legal fees paid for indigent defendants.

757.66
Recovery of legal fees paid for indigent defendants.
Whenever a county or the state has paid for legal representation of an indigent defendant and the county board or the department of justice so requires, the clerk of the court where representation for the indigent was appointed shall prepare, sign and record in the office of the register of deeds a certificate stating the name and residence of the indigent beneficiary, the amount paid by the county or the state for his or her legal representation, the date when paid, the court and county in which the case was heard and such other information as the county board directs. If a certificate is recorded within 6 months after payment is made by the county or the state it may, within the time after the recording provided by s. 893.86, commence an action to recover from the indigent defendant, or his or her estate if the action is commenced within the time set for filing claims by creditors, the amount paid by the county or the state for his or her legal representation. In any such action ss. 859.02 and 893.86, so far as applicable, may be pleaded in defense. The claim shall not take precedence over the allowances in ss. 861.31, 861.33 and 861.35. The district attorney or the department of justice, as applicable, shall commence and prosecute all actions and proceedings necessary under this section to make the recovery when it appears that the indigent defendant or his or her estate is able to pay the claim.
History:  1971 c. 40 s. 93; 1977 c. 187 s. 96; Stats. 1977 s. 757.66; 1979 c. 323, 356; 1983 a. 302; 1989 a. 96; 1993 a. 301.
Recovery of legal defense fees from indigent defendants is discussed. James v. Strange, 407 U.S. 128.
Not Poor Enough: Why Wisconsin's System for Providing Indigent Defense is Failing. Velazquez-Aguilu. 2006 WLR 193.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.67 - Testimony of judge of kin to attorney.

757.67
Testimony of judge of kin to attorney.
No judge of any court of record shall testify as to any matter of opinion in any action or proceeding in which any person related to such judge in the first degree shall be an attorney of record.
History:  Sup. Ct. Order, 59 Wis. 2d R1, R4 s. 6 (1973); Stats. 1973 s. 256.67; 1977 c. 187 s. 96; Stats. 1977 s. 757.67.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.70 - Hearings before court commissioners.

757.70
Hearings before court commissioners.
(1)
All proceedings and hearings before a court commissioner, including proceedings held by telephone or videoconferencing technology, shall be public and open to every citizen, except juvenile proceedings or when it is necessary for the court in which the action or proceeding is pending to impose by order restrictions under its inherent power to conduct proceedings in camera.
(2)
All hearings before a circuit or supplemental court commissioner shall be held in accordance with s. 753.24. This provision does not apply to nontestimonial proceedings, supplementary hearings on the present financial status of a debtor under s. 757.675 (2) (h), or depositions taken before a circuit or supplemental court commissioner.
History:  1977 c. 323; 2001 a. 61; Sup. Ct. Order No. 21-03, 2022 WI 23, filed 4-21-22, eff. 7-1-22; s. 35.17 correction in (2).
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.81 - Definitions.

757.81
Definitions.
In ss. 757.81 to 757.99:
(1)
“Commission" means the judicial commission created by s. 757.83.
(3)
“Judge" means a judge of any court established by or pursuant to article VII, section 2 or 14, of the constitution, or a supreme court justice.
(4)
“Misconduct" includes any of the following:
(a)
Willful violation of a rule of the code of judicial ethics.
(b)
Willful or persistent failure to perform official duties.
(c)
Habitual intemperance, due to consumption of intoxicating beverages or use of dangerous drugs, which interferes with the proper performance 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 physical or mental incapacity which impairs the ability of a judge or circuit or supplemental court commissioner to substantially perform the duties of his or her judicial office and which is or is likely to be of a permanent or continuing nature.
History:  1977 c. 449; 1983 a. 378; 1991 a. 269; 1995 a. 77; 2001 a. 61.
The provisions for judicial disciplinary proceedings under ss. 757.81 to 757.99 are constitutional. In Matter of Complaint Against Seraphim, 97 Wis. 2d 485, 294 N.W.2d 485 (1980).
A violation of the code of judicial conduct is “willful" for purposes of sub. (4) when the judge's conduct was not the result of duress or coercion and when the judge knew or should have known that the conduct was prohibited by the code. Although a judge may commit a “willful" violation constituting judicial misconduct when the judge has no actual knowledge that his or her conduct is prohibited by the code, the judge's actual knowledge, or lack thereof, of the code is relevant to the issue of discipline. Wisconsin Judicial Commission v. Ziegler, 2008 WI 47, 309 Wis. 2d 253, 750 N.W.2d 710, 07-2066.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.83 - Judicial commission.

757.83
Judicial commission.
(1)
Membership; appointment; terms.
(a)
There is created a judicial commission of 9 members: 5 nonlawyers nominated by the governor and appointed with the advice and consent of the senate; one trial judge of a court of record and one court of appeals judge appointed by the supreme court; and 2 members of the State Bar of Wisconsin, who are not judges or court commissioners, appointed by the supreme court. The commission shall elect one of its members as chairperson.
(b)
The term of a member is 3 years, but a member shall not serve more than 2 consecutive full terms. A vacancy is filled by the appointing authority for the unexpired term. Members of the commission shall receive compensation of $25 per day for each day on which they were actually and necessarily engaged in the performance of their duties and shall be reimbursed for expenses necessarily incurred as members of the commission.
(2)
Quorum; voting. A majority of the commission constitutes a quorum. The commission may issue a formal complaint or a petition only upon a finding of probable cause by a majority of the total membership not disqualified from voting. A member must be present to vote on the question of probable cause. A member shall not participate in any matter if a judge similarly situated would be disqualified in a court proceeding.
(3)
Rules. The commission shall promulgate rules under ch. 227 for its proceedings.
(4)
Staff. The judicial commission shall hire an executive director, and may hire one staff member, in the unclassified service. The executive director shall be a member of the State Bar of Wisconsin and shall provide staff services to the judicial commission.
History:  1977 c. 449; 1979 c. 34, 154; 1983 a. 27, 378; 1987 a. 27; 1991 a. 269; 1995 a. 27; 2001 a. 103; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.85 - Investigation; prosecution.

757.85
Investigation; prosecution.
(1)
(a)
The commission shall investigate any possible misconduct or permanent disability of a judge or circuit or supplemental court commissioner. Misconduct constitutes cause under article VII, section 11, of the constitution. Except as provided in par. (b), judges, circuit or supplemental court commissioners, clerks, court reporters, court employees and attorneys shall comply with requests by the commission for information, documents and other materials relating to an investigation under this section.
(b)
The judge or circuit or supplemental court commissioner who is under investigation is not subject to the request procedure under par. (a) but is subject to the subpoena procedure under sub. (2).
(2)
The commission may issue subpoenas to compel the attendance and testimony of witnesses and to command the production of books, papers, documents or tangible things designated in the subpoena in connection with an investigation under this section.
(3)
The commission may notify a judge or circuit or supplemental court commissioner that the commission is investigating possible misconduct by or permanent disability of the judge or circuit or supplemental court commissioner. Before finding probable cause, the commission shall notify the judge or circuit or supplemental court commissioner of the substance of the complaint or petition and afford the judge or circuit or supplemental court commissioner a reasonable opportunity to respond. If the judge or circuit or supplemental court commissioner responds, the commission shall consider the response before it finds probable cause.
(4)
The commission may require a judge or circuit or supplemental court commissioner who is under investigation for permanent disability to submit to a medical examination arranged by the commission.
(5)
The commission shall, upon a finding of probable cause that a judge or circuit or supplemental court commissioner has engaged or is engaging in misconduct, file a formal complaint with the supreme court. Upon a finding of probable cause that a judge or circuit or supplemental court commissioner has a permanent disability, the commission shall file a petition with the supreme court. If the commission requests a jury under s. 757.87 (1), the request shall be attached to the formal complaint or the petition.
(6)
The commission shall prosecute any case of misconduct or permanent disability in which it files a formal complaint or a petition.
(7)
Insofar as practicable, the procedures applicable to civil actions apply to proceedings under ss. 757.81 to 757.99 after the filing of a complaint or petition.
History:  1977 c. 449; 1983 a. 192; 1983 a. 378 s. 11m; 1985 a. 332; 1987 a. 72; 1991 a. 269; 2001 a. 61.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.87 - Request for jury; panel.

757.87
Request for jury; panel.
(1)
After the commission has found probable cause that a judge or circuit or supplemental court commissioner has engaged in misconduct or has a permanent disability, and before the commission files a formal complaint or a petition under s. 757.85 (5), the commission may, by a majority of its total membership not disqualified from voting, request a jury hearing. If a jury is not requested, the matter shall be heard by a panel constituted under sub. (3). The vote of each member on the question of a jury request shall be recorded and shall be available for public inspection under s. 19.35 after the formal complaint or the petition is filed.
(2)
If a jury is requested under sub. (1), the hearing under s. 757.89 shall be before a jury selected under s. 805.08. A jury shall consist of 6 persons, unless the commission specifies a greater number, not to exceed 12. Five-sixths of the jurors must agree on all questions which must be answered to arrive at a verdict. A court of appeals judge shall be selected by the chief judge of the court of appeals to preside at the hearing, on the basis of experience as a trial judge and length of service on the court of appeals.
(3)
A judicial conduct and permanent disability panel shall consist of either 3 court of appeals judges or 2 court of appeals judges and one reserve judge. Each judge may be selected from any court of appeals district including the potential selection of all judges from the same district. The chief judge of the court of appeals shall select the judges and designate which shall be presiding judge.
History:  1977 c. 449; 1981 c. 335 s. 26; 1983 a. 378 ss. 8g, 11m; 1991 a. 269; 2001 a. 61.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.89 - Hearing.

757.89
Hearing.
A record shall be kept of any hearing on a formal complaint or a petition. The allegations of the complaint or petition must be proven to a reasonable certainty by evidence that is clear, satisfactory and convincing. The hearing shall be held in the county where the judge or circuit or supplemental court commissioner resides unless the presiding judge changes venue for cause shown or unless the parties otherwise agree. If the hearing is by a panel, the panel shall make findings of fact, conclusions of law and recommendations regarding appropriate discipline for misconduct or appropriate action for permanent disability and file the findings, conclusions and recommendations with the supreme court. If a jury hearing is requested under s. 757.87 (1), the presiding judge shall instruct the jury regarding the law applicable to judicial misconduct or permanent disability, as appropriate. The presiding judge shall file the jury verdict and his or her recommendations regarding appropriate discipline for misconduct or appropriate action for permanent disability with the supreme court.
History:  1977 c. 449; 1983 a. 378 s. 11m; 1991 a. 269; 2001 a. 61.
2023 Wisconsin Statutes & Annotations › Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks. › 757.91 - Supreme court; disposition.

757.91
Supreme court; disposition.
The supreme court shall review the findings of fact, conclusions of law and recommendations under s. 757.89 and determine appropriate discipline in cases of misconduct and appropriate action in cases of permanent disability. The rules of the supreme court applicable to civil cases in the supreme court govern the review proceedings under this section.
History:  1977 c. 449; 1983 a. 378 s. 11m.