February 24, 2025 - Introduced by Representatives Tusler, B. Jacobson, Brooks, Knodl, Murphy and O'Connor, cosponsored by Senators Jacque and Wimberger. Referred to Committee on Mental Health and Substance Abuse Prevention.
AB73,1,2
1An Act to create chapter 798 of the statutes; relating to: statutory recognition
2of specialized treatment court and commercial court dockets. Analysis by the Legislative Reference Bureau
This bill statutorily recognizes specialized dockets for treatment courts and for commercial cases. The bill recognizes in statute treatment courts, which are defined in the bill to include adult drug treatment court, juvenile drug treatment court, operating while intoxicated treatment court, mental health treatment court, family dependency treatment court, veterans treatment court, hybrid treatment court, and tribal healing to wellness court.
The bill also statutorily recognizes a specialized docket for commercial cases. Under the bill, the chief justice of the Wisconsin Supreme Court, taking into consideration recommendations from the relevant chief judges of the judicial administrative districts, must select circuit court judges who will be assigned to the commercial court docket upon each judge’s agreement to serve. The bill provides that a judge who presides over cases on the commercial court docket is not prohibited from working on any other assigned docket.
Under the bill, certain commercial case types must be assigned to the commercial court docket, including cases involving all of the following: 1) the governance or internal affairs of business organizations; 2) tortious or statutorily prohibited business activity, unfair competition, or antitrust claims; 3) the sale, consolidation, or merger of a business organization or the conversion, share exchange, or sale of substantially all of the assets of a business organization; 4) the issuance, sale, or transfer of securities; 5) intellectual property rights; 6) the relationship between a franchisor and franchisee or similar distribution relationship; 7) certain claims or disputes involving the Uniform Commercial Code, when the amount in controversy exceeds $100,000; 8) receiverships in excess of $250,000; 9) confirmation of arbitration awards and compelling or enforcing arbitration awards when the amount in controversy exceeds $100,000; and 10) real estate construction disputes when the amount in controversy exceeds $250,000. The bill provides that certain types of cases are ineligible for assignment to the commercial court docket, including small claims cases, cases involving a governmental entity or political subdivision seeking to enforce a statutory or regulatory restriction or prohibition, or disputes between landlords and tenants.
The commercial court docket created under the bill is a commercial case docket that generally involves disputes between commercial entities rather than individuals and does not include actions typically involving individuals such as personal injury suits, products liability, malpractice, or other tort claims or landlord and tenant disputes or similar claims. Under the bill, parties may jointly move for discretionary assignment of a case to the commercial court docket if the case is one that is not identified under the mandatory criteria but is not otherwise ineligible for assignment. The bill provides that a decision granting or denying a motion for a discretionary assignment of a case to the commercial court docket is final and nonappealable.
The bill also allows that parties to a case that is filed in a judicial administrative district that does not have a dedicated commercial court docket may, in certain circumstances, jointly petition for transfer of the case to a commercial court docket. Under the bill, no party may withdraw a request for transfer to the commercial court docket after a judicial assignment of the case has been made.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB73,1
1Section 1. Chapter 798 of the statutes is created to read: AB73,2,32CHAPTER 798
3SPECIALTY COURTS AB73,2,44798.01 Legislative findings. The legislature finds all of the following: AB73,3,65(1) Specialized dockets for treatment courts and for commercial cases have 6existed in this state and across the country for a number of years in recognition of
1the fact that the interests of justice in general, and of litigants in particular, are 2substantially enhanced when judges and other court personnel commit to take 3specific training in the subject matter areas of a particular specialized docket and 4then apply that training and expertise to the unique issues before the court. The 5use of specialized dockets increases efficiencies and improve outcomes in the 6handling of these cases. AB73,3,107(2) The commercial court docket has existed in this state for over 7 years as a 8pilot project in a number of counties and judicial districts and has been shown to 9reduce substantially the time it takes to obtain a decision and increase the level of 10satisfaction of the parties with the results in commercial disputes. AB73,3,1811798.05 Treatment court dockets. (1) Purpose; authority. The purpose 12of this section is to statutorily recognize specialized dockets for treatment courts. 13Treatment courts are designed to operate within the framework of the existing state 14court system and specifically address underlying issues relating to criminal 15behavior. Treatment courts provide treatment while working with a 16multidisciplinary team to deploy a range of graduated rewards and sanctions with 17the goal of engaging participants in treatment long enough to successfully address 18any addiction or mental health issues and end the cycle of recidivism. AB73,3,2019(2) Definition. In this section, “treatment court” includes all of the 20following: AB73,3,2121(a) Adult drug treatment court. AB73,3,2222(b) Juvenile drug treatment court. AB73,3,2323(c) Operating while intoxicated treatment court. AB73,4,1
1(d) Mental health treatment court. AB73,4,22(e) Family dependency treatment court. AB73,4,33(f) Veterans treatment court. AB73,4,44(g) Hybrid treatment court. AB73,4,55(h) Tribal healing to wellness court. AB73,4,126798.15 Commercial court docket. (1) Purpose; authority. The purpose 7of this section is to statutorily recognize a specialized docket for commercial cases in 8state circuit courts. The commercial court docket is designed to operate within the 9framework of the existing state court system with minimal impact on the balance of 10court operations. It is intended to leverage judicial expertise in commercial law and 11disputes with commercial litigants’ desire to tailor case management practices best 12suited for resolving substantial business disputes fairly and expeditiously. AB73,4,1313(2) Definitions. In this section: AB73,4,1914(a) “Business organization” includes a sole proprietorship, corporation, 15partnership, limited liability company, limited partnership, professional 16association, benefits corporation, service corporation, joint venture, bank, savings 17bank, savings and loan association, or business trust. A “business organization” 18excludes an individual, a family trust, or a political subdivision or governmental 19entity. AB73,4,2120(b) “Consumer contract or transaction” means a consumer contract or 21transaction that is primarily for personal, family, or household purposes. AB73,5,522(3) Scope. (a) The commercial court procedures outlined in this section 23apply to judicial administrative districts that have established specialized dockets
1for commercial cases on the effective date of this paragraph .... [LRB inserts date], 2and to any commercial court docket established after the effective date of this 3paragraph .... [LRB inserts date], beginning on the date that docket is established. 4Courts with specialized dockets for commercial cases shall be referred to as the 5“commercial court.” AB73,5,116(b) 1. The chief justice of the supreme court, after considering the 7recommendation of the chief judge of the encompassing judicial administrative 8district, shall select the circuit court judges in the judicial administrative districts 9who will be assigned to the commercial court docket upon each judge’s agreement to 10so serve. The chief justice of the supreme court shall select at least all of the 11following to participate in the commercial court under this section: AB73,5,1312a. No fewer than 4 circuit court judges within the 2nd judicial administrative 13district. AB73,5,1514b. No fewer than 4 circuit court judges within the 3rd judicial administrative 15district. AB73,5,1716c. No fewer than 4 circuit court judges within the 5th judicial administrative 17district. AB73,5,1918d. No fewer than 4 circuit court judges within the 8th judicial administrative 19district. AB73,5,2120e. No fewer than 4 circuit court judges within the 10th judicial administrative 21district. AB73,5,2322f. No fewer than 4 circuit court judges within any judicial administrative 23district that adds a commercial court docket. AB73,6,2
12. A judge who presides in a commercial court docket is not prohibited from 2working on any other assigned docket. AB73,6,533. The chief justice of the supreme court may add additional judicial 4administrative districts to the commercial court docket upon the recommendation 5of the director of state courts. AB73,6,96(4) Mandatory assignment of cases to the commercial court docket. 7(a) Any case of a type described under par. (b) that is filed in a circuit court in which 8a commercial court docket has been established shall be assigned to the commercial 9court docket as provided under sub. (7). AB73,6,1110(b) The commercial court shall have jurisdiction over all of the following types 11of cases: AB73,6,13121. Cases involving the governance or internal affairs of business 13organizations, including all of the following: AB73,6,1514a. Claims between or among owners or constituents of a business 15organization. AB73,6,1616b. Claims against officers, directors, or managers of a business organization. AB73,6,1817c. Claims involving the indemnity of owners, officers, directors, or managers 18of a business organization. AB73,6,2119d. Claims involving the interpretation of the rights and obligations under the 20law governing business organizations, such as chs. 178 to 181, 183, 185, 204, 214, 21215, and 221 to 223, or any similar statute or law from another jurisdiction. AB73,7,222e. Claims involving the interpretation of the rights and obligations under any 23agreement governing a business organization, such as the articles of incorporation,
1bylaws, operating agreements, membership agreements, or partnership agreement 2of the business organization. AB73,7,432. Cases involving tortious or statutorily prohibited business activity, unfair 4competition, or antitrust, including all of the following: AB73,7,55a. Claims under ch. 133. AB73,7,66b. Claims under s. 100.30 (5m) or (5r). AB73,7,77c. Claims under s. 134.01. AB73,7,88d. Claims of tortious interference with a business organization. AB73,7,109e. Claims involving restrictive covenants and agreements not to compete or 10solicit. AB73,7,1111f. Claims involving confidentiality agreements.
