757.02 Justices and judges and municipal judges; oath of office; ineligibility to other office; salary; conservators of peace.
757.025 Judge to file affidavit as to work done to receive salary.
757.05 Penalty surcharge.
757.08 Vacancy in judgeship not to affect suits.
757.10 Failure to adjourn.
757.12 Adjournment to another location.
757.13 Continuances; legislative privilege.
757.15 Holding court, effect of holidays.
757.18 Process, etc., to be in English.
757.19 Disqualification of judge.
757.22 Judge not to act as attorney, etc.; attorneys not to have office with judge.
757.23 Court commissioner, when disqualified.
757.24 Liability of judicial officers.
757.25 Money in court, how deposited.
757.26 Court officers, liability of to arrest.
757.293 Trust accounts required.
757.30 Penalty for practicing without license.
757.34 Attorney not to be bail, etc.
757.35 Blank process to attorneys.
757.36 Lien on proceeds of action to enforce cause of action.
757.37 When action settled by parties, what proof to enforce lien.
757.38 Consent of attorney in settlement of actions for personal injuries.
757.39 Judges may direct calendars to be printed.
757.41 Law library; Milwaukee County.
757.45 Sharing of compensation by attorneys prohibited.
757.46 Court reporter not to take statements of injured persons.
757.47 Taxes of this state enforced in other states.
757.48 Guardian ad litem must be an attorney.
757.52 Guardian ad litem for persons not in being or unascertainable.
757.54 Retention and disposal of court records.
757.55 Reporting testimony.
757.60 Judicial administrative districts.
757.66 Recovery of legal fees paid for indigent defendants.
757.67 Testimony of judge of kin to attorney.
757.675 Supplemental court commissioners.
757.68 Circuit court commissioners.
757.69 Powers and duties of circuit court commissioners.
757.70 Hearings before court commissioners.
757.83 Judicial commission.
757.85 Investigation; prosecution.
757.87 Request for jury; panel.
757.91 Supreme court; disposition.
757.93 Confidentiality of proceedings.
757.94 Privilege; immunity.
757.95 Temporary suspension by supreme court.
757.001
757.001
Definitions. In this chapter:
757.001(1)
(1) “Circuit court commissioner" means a person appointed under
SCR 75.02 (1) and a supplemental court commissioner authorized under
SCR 75.02 (3) to the limited extent of that authorization.
757.001 History
History: 2001 a. 61.
757.01
757.01
Powers of courts. The several courts of record of this state shall have power:
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 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 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)(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.
