Chapter 753

753.03 Annotation The circuit courts are constitutional courts with plenary jurisdiction. They do not depend solely upon statute for their powers. However, in certain cases with vast social ramifications not addressed by statute, prudence requires the courts to refuse to exercise their jurisdiction. As such, circuit courts are prohibited from exercising jurisdiction regarding sterilization of incompetents. Eberhardy v. Circuit Court, 102 Wis. 2d 539, 307 N.W.2d 881 (1981).

753.03 Annotation Because courts have exclusive criminal jurisdiction, criminal charges against a defendant were not collaterally estopped even though a parole revocation hearing examiner concluded that the defendant’s acts did not merit parole revocation. State v. Spanbauer, 108 Wis. 2d 548, 322 N.W.2d 511 (Ct. App. 1982).

753.04 753.04 Writs, how issued; certiorari. All writs issued from the circuit court shall be in the name of the state of Wisconsin, shall bear date the day they are issued, be attested in the name of the judge of the circuit in which issued, and if there is no such judge, then in the name of the chief judge of the court of appeals or the chief justice of the supreme court, be returnable on a date certain which is not more than 60 days from the date of issuance, unless otherwise directed by law, by the judge or by rule of court, be signed by the clerk, sealed with the seal of the court and directed to some officer or person authorized to serve or execute the writs. All writs of certiorari issued to review any action taken by a county board, town board, common council of any city or board of trustees of any village, or any record lawfully in the custody of a county clerk, town clerk, city clerk or village clerk may be addressed to and served upon the proper county clerk, town clerk, city clerk or village clerk, respectively, who shall make return thereto.

753.04 History History: 1977 c. 187 s. 92; 1977 c. 449; Stats. 1977 s. 753.04.

753.04 Annotation A writ of certiorari proceeding bears no resemblance to a civil action brought to resolve a dispute between the parties; it exists only to test the validity of judicial or quasi-judicial determinations, and it neither contemplates nor authorizes the respondent to interpose any answers, denials, or defenses. Merkel v. Village of Germantown, 218 Wis. 2d 572, 581 N.W.2d 552 (Ct. App. 1998), 97-3347. But see State ex rel. Kurtzweil v. Sawyer County Zoning Board of Appeals, 2023 WI App 43, 409 Wis. 2d 77, 995 N.W.2d 286, 22-1577.

753.05 753.05 Seals. The circuit courts in the several counties shall have seals, and they may direct and from time to time alter the inscriptions and devices thereon; and the respective county boards shall furnish such seals as shall be ordered; and when any such court shall be unprovided with a seal the judge may authorize the use of any temporary seal or of any device by way of seal until a seal shall be so provided. The seals now in use by said courts shall continue to be the seals thereof until others shall be provided according to law.

753.05 History History: 1977 c. 187 s. 92; Stats. 1977 s. 753.05.

753.06 753.06 Judicial circuits. The state is divided into judicial circuits as follows:

753.06(1) (1) Within the 1st judicial administrative district. Milwaukee County. The circuit has 47 branches.

753.06(2) (2) Within the 2nd judicial administrative district.

753.06(2)(a) (a) Kenosha County. The circuit has 8 branches.

753.06(2)(b) (b) Racine County. The circuit has 10 branches.

753.06(2)(c) (c) Walworth County. The circuit has 4 branches.

753.06(3) (3) Within the 3rd judicial administrative district.

753.06(3)(ag) (ag) Dodge County. The circuit has 4 branches.

753.06(3)(ar) (ar) Jefferson County. The circuit has 4 branches.

753.06(3)(b) (b) Ozaukee County. The circuit has 3 branches.

753.06(3)(c) (c) Washington County. The circuit has 4 branches.

753.06(3)(d) (d) Waukesha County. The circuit has 12 branches.

753.06(4) (4) Within the 4th judicial administrative district.

753.06(4)(a) (a) Calumet County. The circuit has 2 branches.

753.06(4)(b) (b) Fond du Lac County. The circuit has 5 branches.

753.06(4)(bn) (bn) Green Lake County. The circuit has one branch.

753.06(4)(c) (c) Manitowoc County. The circuit has 4 branches.

753.06(4)(cm) (cm) Marquette County. The circuit has one branch.

753.06(4)(d) (d) Sheboygan County. The circuit has 5 branches.

753.06(4)(dm) (dm) Waushara County. The circuit has 2 branches.

753.06(4)(e) (e) Winnebago County. The circuit has 6 branches.

753.06(5) (5) Within the 5th judicial administrative district.

753.06(5)(ag) (ag) Columbia County. The circuit has 3 branches.

753.06(5)(ar) (ar) Dane County. The circuit has 17 branches.

753.06(5)(b) (b) Green County. The circuit has 2 branches.

753.06(5)(bn) (bn) Lafayette County. The circuit has one branch.

753.06(5)(c) (c) Rock County. The circuit has 7 branches.

753.06(5)(d) (d) Sauk County. The circuit has 3 branches.

753.06(7) (7) Within the 7th judicial administrative district.

753.06(7)(ag) (ag) Adams County. The circuit has 2 branches.

753.06(7)(am) (am) Buffalo and Pepin counties. The circuit has one branch.

753.06(7)(ar) (ar) Clark County. The circuit has 2 branches.

753.06(7)(b) (b) Crawford County. The circuit has one branch.

753.06(7)(c) (c) Grant County. The circuit has 2 branches.

753.06(7)(d) (d) Iowa County. The circuit has one branch.

753.06(7)(e) (e) Jackson County. The circuit has 2 branches.

753.06(7)(em) (em) Juneau County. The circuit has 2 branches.

753.06(7)(f) (f) La Crosse County. The circuit has 5 branches.

753.06(7)(h) (h) Monroe County. The circuit has 3 branches.

753.06(7)(hm) (hm) Pierce County. The circuit has one branch.

753.06(7)(i) (i) Richland County. The circuit has one branch.

753.06(7)(j) (j) Trempealeau County. The circuit has one branch.

753.06(7)(k) (k) Vernon County. The circuit has one branch.

753.06(8) (8) Within the 8th judicial administrative district.

753.06(8)(a) (a) Brown County. The circuit has 8 branches.

753.06(8)(b) (b) Door County. The circuit has 2 branches.

753.06(8)(c) (c) Kewaunee County. The circuit has one branch.

753.06(8)(d) (d) Marinette County. The circuit has 2 branches.

753.06(8)(e) (e) Oconto County. The circuit has 2 branches.

753.06(8)(f) (f) Outagamie County. The circuit has 7 branches.

753.06(8)(g) (g) Waupaca County. The circuit has 3 branches.

753.06(9) (9) Within the 9th judicial administrative district.

753.06(9)(c) (c) Florence and Forest counties. The circuit has one branch.

753.06(9)(e) (e) Langlade County. The circuit has one branch.

753.06(9)(f) (f) Lincoln County. The circuit has 2 branches.

753.06(9)(g) (g) Marathon County. The circuit has 6 branches.

753.06(9)(h) (h) Menominee and Shawano counties. The circuit has 2 branches.

753.06(9)(i) (i) Oneida County. The circuit has 2 branches.

753.06(9)(im) (im) Portage County. The circuit has 3 branches.

753.06(9)(j) (j) Price County. The circuit has one branch.

753.06(9)(k) (k) Taylor County. The circuit has one branch.

753.06(9)(L) (L) Vilas County. The circuit has 2 branches.

753.06(9)(m) (m) Wood County. The circuit has 4 branches.

753.06(10) (10) Within the 10th judicial administrative district.

753.06(10)(a) (a) Ashland County. The circuit has one branch.

753.06(10)(am) (am) Barron County. The circuit has 3 branches.

753.06(10)(b) (b) Bayfield County. The circuit has one branch.

753.06(10)(c) (c) Burnett County. The circuit has one branch.

753.06(10)(d) (d) Chippewa County. The circuit has 3 branches.

753.06(10)(e) (e) Douglas County. The circuit has 2 branches.

753.06(10)(f) (f) Dunn County. The circuit has 3 branches.

753.06(10)(g) (g) Eau Claire County. The circuit has 6 branches.

753.06(10)(gm) (gm) Iron County. The circuit has one branch.

753.06(10)(i) (i) Polk County. The circuit has 2 branches.

753.06(10)(j) (j) Rusk County. The circuit has one branch.

753.06(10)(k) (k) St. Croix County. The circuit has 4 branches.

753.06(10)(L) (L) Sawyer County. The circuit has 2 branches.

753.06(10)(m) (m) Washburn County. The circuit has one branch.

753.06 History History: 1971 c. 263; 1977 c. 187 s. 92; 1977 c. 449; Stats. 1977 s. 753.06; 1981 c. 317; 1983 a. 506, 538; 1987 a. 75, 403; 1989 a. 65, 336; 1991 a. 32, 39, 71, 269; 1993 a. 213; 1995 a. 225; 1997 a. 27, 203; 1999 a. 9; 2001 a. 38; 2007 a. 20, 28; 2015 a. 196; Sup. Ct. Order No. 18-01, 2018 WI 33, 380 Wis. 2d xiii; 2017 a. 365 s. 111; Sup. Ct. Order No. 19-21, 2020 WI 17, 390 Wis. 2d xvii; 2021 a. 58; 2021 a. 238 s. 44; 2023 a. 19.

Effective date note Wisconsin Comment, 2018: Pursuant to S. Ct. Order 18-01, 2018 WI 33 (issued April 11 2018, eff. July 31, 2018) the court redistributed the counties that constituted the 6th judicial administrative district into other judicial administrative districts. Accordingly, as of the effective date of that order, there is no 6th judicial administrative district.

753.0605 753.0605 Additional circuit court branches. Notwithstanding s. 753.06, the director of state courts may add additional circuit court branches as follows:

753.0605(1) (1) By November 14, 2020, the director of state courts may add 4 additional circuit court branches, to begin operation on August 1, 2021. The director of state courts may allocate each branch to any county that the director of state courts determines is in need of an additional circuit court branch if the county has passed a resolution requesting an additional circuit court branch and the county has established, or will have established by May 31, 2021, the appropriate infrastructure to support an additional circuit court branch. The director of state courts may require any county, as a condition for receiving a circuit court branch allocation under this subsection, to have established or to apply for a grant under s. 165.95 or 165.955 to establish a drug court.