Chapter 757

757.01(1) (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.

757.01(2) (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.

757.01(3) (3) To devise and make such writs and proceedings as may be necessary to carry into effect the powers and jurisdiction possessed by them.

757.01(4) (4) To exercise any of the powers and duties of a circuit court commissioner.

757.01 History History: 1977 c. 187 s. 96; Stats. 1977 s. 757.01; 2001 a. 61.

757.02 757.02 Justices and judges and municipal judges; oath of office; ineligibility to other office; salary; conservators of peace.

757.02(1) (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)

757.02(2) (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.

757.02(3) (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.

757.02(5) (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).

757.02 History 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.

757.02 Annotation 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.

757.025 757.025 Judge to file affidavit as to work done to receive salary.

757.025(1) (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.

757.025(2) (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.

757.025 History History: 1977 c. 187 s. 96; Stats. 1977 s. 757.025.

757.025 Note NOTE: See SCR 70.36, judges’ certification of status of pending cases, adopted in 118 Wis. 2d 762, at 786.

757.025 Annotation 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).

757.05 757.05 Penalty surcharge.

757.05(1) (1) Levy of penalty surcharge.

757.05(1)(a) (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.

757.05(1)(b) (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.

757.05(1)(c) (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).

757.05(1)(d) (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.

757.05(2) (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).

757.05 History 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.

757.07 757.07 Privacy protections for judicial officers.

757.07(1) (1) Definitions. In this section:

757.07(1)(a) (a) “Data broker” means a commercial entity that collects, assembles, or maintains personal information concerning an individual who is not a customer or an employee of that entity in order to sell the information or provide 3rd-party access to the information. “Data broker” does not include any of the following:

757.07(1)(a)1. 1. A commercial entity using personal information internally, providing access to businesses under common ownership or affiliated by corporate control, or selling or providing data for a transaction or service requested by or concerning the individual whose personal information is being transferred.

757.07(1)(a)2. 2. A commercial entity providing publicly available information through real-time or near real-time alert services for health or safety purposes.

757.07(1)(a)3. 3. A commercial entity using information that is lawfully made available through federal, state, or local government records, or information that a business has a reasonable basis to believe is lawfully made available to the general public through widely distributed media, by the consumer, or by a person to whom the consumer has disclosed the information, unless the consumer has restricted the information to a specific audience.

757.07(1)(a)4. 4. A commercial entity engaged in the collection, maintenance, disclosure, sale, communication, or use of any personal information bearing on a consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living by a consumer reporting agency, furnisher, or user that provides information for use in a consumer report, and by a user of a consumer report, but only to the extent that such activity is regulated by and authorized under the federal Fair Credit Reporting Act, 15 USC 1681, et seq.

757.07(1)(a)5. 5. A consumer reporting agency subject to the federal Fair Credit Reporting Act, 15 USC 1681, et seq.

757.07(1)(a)6. 6. A commercial entity using personal information collected, processed, sold, or disclosed in compliance with the federal Driver’s Privacy Protection Act of 1994, 18 USC 2721, et seq.

757.07(1)(a)7. 7. A commercial entity using personal information to do any of the following:

757.07(1)(a)7.a. a. Prevent, detect, protect against, or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive activities, or any illegal activity.

757.07(1)(a)7.b. b. Preserve the integrity or security of systems.

757.07(1)(a)7.c. c. Investigate, report, or prosecute any person responsible for an action described under subd. 7. a. or b.

757.07(1)(a)8. 8. A financial institution, affiliate of a financial institution, or data subject to title V of the federal Gramm-Leach-Bliley Act, 15 USC 6801, et seq.

757.07(1)(a)9. 9. A covered entity for purposes of the federal privacy regulations promulgated under the federal Health Insurance Portability and Accountability Act of 1996, specifically 42 USC 1320d-2 note.

757.07(1)(a)10. 10. A commercial entity engaging in the collection and sale or licensing of personal information incidental to conducting the activities described in subds. 1. to 9.

757.07(1)(a)11. 11. Insurance and insurance support organizations.

757.07(1)(a)12. 12. Law enforcement agencies or law enforcement support organizations and vendors.

757.07(1)(b) (b) “Government agency” includes any association, authority, board, department, commission, independent agency, institution, office, society, or other body corporate and politic in state or local government created or authorized to be created by the constitution or any law.

757.07(1)(c) (c) “Home address” includes a judicial officer’s permanent residence and any secondary residences affirmatively identified by the judicial officer. “Home address” does not include a judicial officer’s work address.

757.07(1)(d) (d) “Immediate family” includes any of the following:

757.07(1)(d)1. 1. A judicial officer’s spouse.

757.07(1)(d)2. 2. A minor child of the judicial officer or of the judicial officer’s spouse, including a foster child, or an adult child of the judicial officer or of the judicial officer’s spouse whose permanent residence is with the judicial officer.

757.07(1)(d)3. 3. A parent of the judicial officer or the judicial officer’s spouse.

757.07(1)(d)4. 4. Any other person who resides at the judicial officer’s residence.

757.07(1)(e) (e) “Judicial officer” means a person who currently is or who formerly was any of the following:

757.07(1)(e)1. 1. A supreme court justice.

757.07(1)(e)2. 2. A court of appeals judge.

757.07(1)(e)3. 3. A circuit court judge.

757.07(1)(e)4. 4. A municipal judge.

757.07(1)(e)5. 5. A tribal judge.

757.07(1)(e)6. 6. A temporary or permanent reserve judge.

757.07(1)(e)7. 7. A circuit, supplemental, or municipal court commissioner.

757.07(1)(f) (f) “Permanent residence” means the place where a person’s habitation is fixed, without any present intent to move, and to which, when absent, the person intends to return.

757.07(1)(g) (g) “Personal information” means any of the following with regard to a judicial officer or any immediate family member of a judicial officer, but does not include information regarding employment with a government agency:

757.07(1)(g)1. 1. A home address.

757.07(1)(g)2. 2. A home or personal mobile telephone number.

757.07(1)(g)3. 3. A personal email address.

757.07(1)(g)4. 4. A social security number, driver’s license number, federal tax identification number, or state tax identification number.

757.07(1)(g)5. 5. Except as required under ch. 11, a bank account or credit or debit card information.

757.07(1)(g)6. 6. A license plate number or other unique identifiers of a vehicle owned, leased, or regularly used by a judicial officer or an immediate family member of a judicial officer.

757.07(1)(g)7. 7. The identification of children under the age of 18 of a judicial officer or an immediate family member of a judicial officer.

757.07(1)(g)8. 8. The full date of birth.

757.07(1)(g)9. 9. Marital status.

757.07(1)(h) (h) “Publicly available content” means any written, printed, or electronic document or record that provides information or that serves as a document or record maintained, controlled, or in the possession of a government agency that may be obtained by any person or entity, from the Internet, from the government agency upon request either free of charge or for a fee, or in response to a public records request under ch. 19.

757.07(1)(i) (i) “Publicly post or display” means to intentionally communicate or otherwise make available to the general public.

757.07(1)(j) (j) “Transfer” means to sell, license, trade, or exchange for consideration the personal information of a judicial officer or a judicial officer’s immediate family member.

757.07(1)(k) (k) “Written request” means written notice signed by a judicial officer or a representative of the judicial officer’s employer requesting a government agency, business, association, or other person to refrain from publicly posting or displaying publicly available content that includes the personal information of the judicial officer or judicial officer’s immediate family.

757.07(2) (2) Publicly posting or displaying a judicial officer’s personal information by a government agency.

757.07(2)(a) (a) A government agency may not publicly post or display publicly available content that includes a judicial officer’s personal information, provided that the government agency has received a written request in accordance with sub. (4) that it refrain from disclosing the judicial officer’s personal information. After a government agency has received a written request, that agency shall remove the judicial officer’s personal information from publicly available content within 10 business days. After the government agency has removed the judicial officer’s personal information from publicly available content, the agency may not publicly post or display the information, and the judicial officer’s personal information shall be exempt from inspection and copying under s. 19.35 unless the government agency has received consent as provided under sub. (4) (e) to make the personal information available to the public.

757.07(2)(b) (b) Nothing in this subsection prohibits a government agency from providing access to records containing the personal information of a judicial officer to a 3rd party if the 3rd party meets any of the following criteria:

757.07(2)(b)1. 1. Possesses a signed consent document, as provided under sub. (4) (e).

757.07(2)(b)2. 2. Is subject to the requirements of 15 USC 6801, et seq.

757.07(2)(b)3. 3. Executes a confidentiality agreement with the government agency.

757.07(3) (3) Data brokers and other persons and businesses.

757.07(3)(a) (a) No data broker may knowingly sell, license, trade, purchase, or otherwise make available for consideration the personal information of a judicial officer or a judicial officer’s immediate family, provided that the judicial officer has made a written request to the data broker. The data broker shall cease knowingly selling, licensing, trading, purchasing, or otherwise making available personal information for consideration pursuant to the written request within 10 business days of the written request.

757.07(3)(b) (b)