A register in probate’s fee based on the value of the estate does not violate this section. Treiber v. Knoll, 135 Wis. 2d 58, 398 N.W.2d 756 (1987).
A court faced with a litigant who has engaged in a pattern of frivolous litigation has the authority to implement a remedy that may include restrictions on the litigant’s access to the court. Village of Tigerton v. Minniecheske, 211 Wis. 2d 777, 565 N.W.2d 586 (Ct. App. 1997), 96-1933.
This section applies only when a prospective litigant seeks a remedy for an already existing right. It preserves the right to obtain justice on the basis of law as it in fact exists. Legislative actions define how the law does exist. Aicher v. Wisconsin Patients Compensation Fund, 2000 WI 98, 237 Wis. 2d 99, 613 N.W.2d 849, 98-2955.
Although this section itself may not create new rights, it does allow for a remedy through the existing common law. The goal of providing certainty is not necessarily achievable, and that is not necessarily a bad thing. The common law develops to adapt to the changing needs of society. Thomas v. Mallett, 2005 WI 129, 285 Wis. 2d 236, 701 N.W.2d 523, 03-1528.
A referee’s fees increase the costs of litigation and may have a chilling effect on litigants. If the expenses are not circumscribed, people with meritorious claims will be discouraged from pursuing them in court because they cannot afford to go to court. A reference to a referee in effect requires litigants to pay for the court system twice—once through the tax system and a second time by paying fees to a referee for resolution of their suit. Referee fees may offend constitutional mandates if they chill advocacy severely enough to effectively end the litigation or impose an intolerable burden on a losing litigant. Appointment of a referee is for the exceptional case; it is not the general rule. State ex rel. Universal Processing Services of Wisconsin, LLC v. Circuit Court, 2017 WI 26, 374 Wis. 2d 26, 892 N.W.2d 267, 16-0923.
I,9mVictims of crime. Section 9m. [As created April 1993 and amended April 2020]
I,9m(1)(1)
I,9m(1)(a)(a) In this section, notwithstanding any statutory right, privilege, or protection, “victim” means any of the following:
I,9m(1)(a)1.1. A person against whom an act is committed that would constitute a crime if committed by a competent adult.
I,9m(1)(a)2.2. If the person under subd. 1. is deceased or is physically or emotionally unable to exercise his or her rights under this section, the person’s spouse, parent or legal guardian, sibling, child, person who resided with the deceased at the time of death, or other lawful representative.
I,9m(1)(a)3.3. If the person under subd. 1. is a minor, the person’s parent, legal guardian or custodian, or other lawful representative.
I,9m(1)(a)4.4. If the person under subd. 1. is adjudicated incompetent, the person’s legal guardian or other lawful representative.
I,9m(1)(b)(b) “Victim” does not include the accused or a person who the court finds would not act in the best interests of a victim who is deceased, incompetent, a minor, or physically or emotionally unable to exercise his or her rights under this section.
I,9m(2)(2) In order to preserve and protect victims’ rights to justice and due process throughout the criminal and juvenile justice process, victims shall be entitled to all of the following rights, which shall vest at the time of victimization and be protected by law in a manner no less vigorous than the protections afforded to the accused:
I,9m(2)(a)(a) To be treated with dignity, respect, courtesy, sensitivity, and fairness.
I,9m(2)(b)(b) To privacy.
I,9m(2)(c)(c) To proceedings free from unreasonable delay.
I,9m(2)(d)(d) To timely disposition of the case, free from unreasonable delay.
I,9m(2)(e)(e) Upon request, to attend all proceedings involving the case.
I,9m(2)(f)(f) To reasonable protection from the accused throughout the criminal and juvenile justice process.
I,9m(2)(g)(g) Upon request, to reasonable and timely notification of proceedings.
I,9m(2)(h)(h) Upon request, to confer with the attorney for the government.
I,9m(2)(i)(i) Upon request, to be heard in any proceeding during which a right of the victim is implicated, including release, plea, sentencing, disposition, parole, revocation, expungement, or pardon.
I,9m(2)(j)(j) To have information pertaining to the economic, physical, and psychological effect upon the victim of the offense submitted to the authority with jurisdiction over the case and to have that information considered by that authority.
I,9m(2)(k)(k) Upon request, to timely notice of any release or escape of the accused or death of the accused if the accused is in custody or on supervision at the time of death.
I,9m(2)(L)(L) To refuse an interview, deposition, or other discovery request made by the accused or any person acting on behalf of the accused.
I,9m(2)(m)(m) To full restitution from any person who has been ordered to pay restitution to the victim and to be provided with assistance collecting restitution.
I,9m(2)(n)(n) To compensation as provided by law.
I,9m(2)(o)(o) Upon request, to reasonable and timely information about the status of the investigation and the outcome of the case.