VII,4Supreme court: election, chief justice, court system administration. Section 4. [As amended Nov. 1877, April 1889, April 1903, April 1977, and April 2015]

VII,4(1)(1) The supreme court shall have 7 members who shall be known as justices of the supreme court. Justices shall be elected for 10-year terms of office commencing with the August 1 next succeeding the election. Only one justice may be elected in any year. Any 4 justices shall constitute a quorum for the conduct of the court’s business.

VII,4(2)(2) The chief justice of the supreme court shall be elected for a term of 2 years by a majority of the justices then serving on the court. The justice so designated as chief justice may, irrevocably, decline to serve as chief justice or resign as chief justice but continue to serve as a justice of the supreme court.

VII,4(3)(3) The chief justice of the supreme court shall be the administrative head of the judicial system and shall exercise this administrative authority pursuant to procedures adopted by the supreme court. The chief justice may assign any judge of a court of record to aid in the proper disposition of judicial business in any court of record except the supreme court. [1876 J.R. 10, 1877 J.R. 1, 1877 c. 48, vote Nov. 1877; 1887 J.R. 5, 1889 J.R. 3, 1889 c. 22, vote April 1889; 1901 J.R. 8, 1903 J.R. 7, 1903 c. 10, vote April 1903; 1975 J.R. 13, 1977 J.R. 7, vote April 1977; 2013 J.R. 16, 2015 J.R. 2, vote April 2015]

VII,5(1)(1) The legislature shall by law combine the judicial circuits of the state into one or more districts for the court of appeals and shall designate in each district the locations where the appeals court shall sit for the convenience of litigants.

VII,5(2)(2) For each district of the appeals court there shall be chosen by the qualified electors of the district one or more appeals judges as prescribed by law, who shall sit as prescribed by law. Appeals judges shall be elected for 6-year terms and shall reside in the district from which elected. No alteration of district or circuit boundaries shall have the effect of removing an appeals judge from office during the judge’s term. In case of an increase in the number of appeals judges, the first judge or judges shall be elected for full terms unless the legislature prescribes a shorter initial term for staggering of terms.

VII,5(3)(3) The appeals court shall have such appellate jurisdiction in the district, including jurisdiction to review administrative proceedings, as the legislature may provide by law, but shall have no original jurisdiction other than by prerogative writ. The appeals court may issue all writs necessary in aid of its jurisdiction and shall have supervisory authority over all actions and proceedings in the courts in the district. [1975 J.R. 13, 1977 J.R. 7, vote April 1977]

The court of appeals does not have jurisdiction to entertain an original action unrelated to its supervisory or appellate authority over circuit courts. State ex rel. Swan v. Elections Board, 133 Wis. 2d 87, 394 N.W.2d 732 (1986).

The court of appeals is authorized to exercise its supervisory authority over a chief judge who is ruling on a substitution request. State ex rel. James L.J. v. Circuit Court, 200 Wis. 2d 496, 546 N.W.2d 460 (1996), 94-2043.

Only the supreme court has the power to overrule, modify, or withdraw language from a published opinion of the court of appeals. Cook v. Cook, 208 Wis. 2d 166, 560 N.W.2d 246 (1997), 95-1963.

The term “supervisory writ” is both: 1) the general term used in petitioning the court of appeals to exercise its constitutional supervisory authority and in petitioning the supreme court to exercise its constitutional superintending authority; and 2) a new writ the supreme court devised independent of the traditional common law writs. State ex rel. CityDeck Landing LLC v. Circuit Court, 2019 WI 15, 385 Wis. 2d 516, 922 N.W.2d 832, 18-0291.

A Shift in the Bottleneck: The Appellate Caseload Problem Twenty Years After the Creation of The Wisconsin Court of Appeals. Gabrys. 1998 WLR 1547.

VII,6Circuit court: boundaries. Section 6. [As amended April 1977] The legislature shall prescribe by law the number of judicial circuits, making them as compact and convenient as practicable, and bounding them by county lines. No alteration of circuit boundaries shall have the effect of removing a circuit judge from office during the judge’s term. In case of an increase of circuits, the first judge or judges shall be elected. [1975 J.R. 13, 1977 J.R. 7, vote April 1977]

VII,7Circuit court: election. Section 7. [As amended April 1897, Nov. 1924, and April 1977] For each circuit there shall be chosen by the qualified electors thereof one or more circuit judges as prescribed by law. Circuit judges shall be elected for 6-year terms and shall reside in the circuit from which elected. [1895 J.R. 8, 1897 J.R. 9, 1897 c. 69, vote April 1897; 1921 J.R. 24S, 1923 J.R. 64, 1923 c. 408, vote Nov. 1924; 1975 J.R. 13, 1977 J.R. 7, vote April 1977]

VII,8Circuit court: jurisdiction. Section 8. [As amended April 1977] Except as otherwise provided by law, the circuit court shall have original jurisdiction in all matters civil and criminal within this state and such appellate jurisdiction in the circuit as the legislature may prescribe by law. The circuit court may issue all writs necessary in aid of its jurisdiction. [1975 J.R. 13, 1977 J.R. 7, vote April 1977]

Although prohibition is not the appropriate remedy to suppress prosecution on an illegal search warrant, the supreme court treated the case as a petition for habeas corpus. State ex rel. Furlong v. Waukesha County Court, 47 Wis. 2d 515, 177 N.W.2d 333 (1970).

Certiorari cannot be used to upset the legislative discretion of a city council but the court should review the council’s action to determine whether there was a rational factual basis for it. The review is limited to the record consisting of the petition and the return to the writ, plus matters of which the court could take judicial notice. State ex rel. Hippler v. City of Baraboo, 47 Wis. 2d 603, 178 N.W.2d 1 (1970).

A writ of prohibition may not be used to test the admissibility of evidence at an impending trial. State ex rel. Cortez v. Board of Fire & Police Commissioners, 49 Wis. 2d 130, 181 N.W.2d 378 (1970).

Jurisdiction depends not on whether the relief asked for is available, but on whether the court has the power to hear the kind of action brought. It is not defeated by the possibility that averments in a complaint might fail to state a cause of action, for any such failure calls for a judgment on the merits not for a dismissal for want of jurisdiction. Murphy v. Miller Brewing Co., 50 Wis. 2d 323, 184 N.W.2d 141 (1971).

Mandamus is a discretionary writ and the order of a trial court refusing to quash it will not be reversed except for an abuse of discretion. A court can treat it as a motion for declaratory relief. Milwaukee County v. Schmidt, 52 Wis. 2d 58, 187 N.W.2d 777 (1971).

Discussing differences between common law and statutory certiorari. Browndale International, Ltd. v. Board of Adjustment, 60 Wis. 2d 182, 208 N.W.2d 121 (1973).

The statutory designation of circuit court branches as criminal court branches does not deprive other branches of criminal jurisdiction. Dumer v. State, 64 Wis. 2d 590, 219 N.W.2d 592 (1974).

Circuit court review of a decision of the city of Milwaukee Board of Fire and Police Commissioners was proper via writ of certiorari. Edmonds v. Board of Fire & Police Commissioners, 66 Wis. 2d 337, 224 N.W.2d 575 (1975).

A judge having jurisdiction of the person and subject matter involved and acting within that jurisdiction and in his or her judicial capacity is exempt from civil liability. Abdella v. Catlin, 79 Wis. 2d 270, 255 N.W.2d 516 (1977).