FORM SUMMARY Name of Form: Order Appointing/Authorizing Circuit Court Commissioner Form Number: GF-146 Statutory Reference: SCR 75; Ch. 48, §§19.01, 757.675, 757.68, 757.69, 767.471, Ch. 785 and 938, Wisconsin Statutes. SCO 97-10. Purpose of Form: To appoint or authorize circuit court commissioners and supervisor of the office of the family court commissioner. Who Completes It: Chief Judge making the appointment or authorization. Distribution of Form: Original to clerk of court, chief judge who makes appointment, district court administrator, circuit court judge appointed as supervisor, court commissioner, register in probate/probate registrar (if applicable), juvenile clerk (if applicable), small claims clerk (if applicable), and any other court official affected by the circuit court commissioner's powers. Accompanying Forms: Oath of office for circuit court commissioners appointed under SCR 75.02(1). New Form/Modification: Modification, last update 08/08. Modifications: 2009 WI Act 79, the circuit court commissioner powers under 12 month 6 month §757.69(1)(g)5, Wisconsin Statutes include Permanency Plan reviews for CHIPS, JIPS, TPR and Delinquency. Comments: If judges want court commissioners to do the newly authorized duties, new appointment forms must be prepared and forward to their chief judge for appointment/approval. RMC believes the basic intent of the Supreme Court in creating SCR 75 and the Legislature in codifying the rule in §757.675, 757.68 & 757.69 was to: • Define a "circuit court commissioner" to include" • Persons appointed by the chief judge as a "circuit court commissioner" under SCR 75.02(1); and, • Persons appointed by a circuit court judge (whether part or full time) as a "supplemental court commissioner" under §757.675, Wisconsin Statues, and who have been authorized by the chief judge under SCR 75.02(3) to perform additional specific duties. • Place the appointment and/or authorization of duties for all circuit court commissioners with the chief judge. • Require supervision and recertification of all circuit court commissioners. • Limit the duties of a "supplemental court commissioner" appointed solely by a circuit court judge with no additional authorization from the chief judge to perform only those judicial and quasi-judicial duties in §757.675, Wisconsin Statutes. • Impose continuing education requirements on all circuit court Date: 04/15/2010 Page 1 American LegalNet, Inc. www.FormsWorkFlow.com commissioners appointed under SCR 75.02(1) and on those supplemental court commissioners authorized under SCR 75.02(3) whose performance of authorized duties during the calendar year requires 40 or more hours. • Eliminate the ceremonial and honorary appointments (to conduct weddings or supplemental proceedings, among other duties spelled out in §757.675, Wisconsin Statutes), from chief judge appointment or authorization. Paragraphs 1 and 3 are self explanatory. Some comments about 2, 4 and 5 are appropriate. Paragraph 2 establishes a time frame during which the circuit court commissioner can act. Although a similar line was on the prior version of the form, the rule now requires annual evaluation and "recertification." RMC believes this means reappointment or reauthorization of all circuit court commissioners on an annual basis. In the past, when appointments were made by the circuit court judge, many court commissioners were simply appointed once during a judge's term and/or tenure on the bench. Such a procedure would seem to be, if not disallowed completely now, certainly not favored. Paragraph 4 allows two choices in the authorization of powers: • To authorize all the powers and duties authorized by statute and approved by the Supreme Court; or, • To authorize only specific powers and duties authorized by statute and approved by the Supreme Court. (If this second checkbox is used, the appointing chief judge must indicate the specific powers being granted.) Finally, there is only one signature block at the end of the form for the chief judge. SCR 75.02(1) requires that the selection process for a circuit court commissioner be by merit. The rule requires the process to be approved by the chief judge and the circuit court judges of the county(s) in which the commissioners will serve. RMC believes it unnecessary to include in the order any specific reference to the selection process or a "recommendation" from a circuit judge. About this Form: This form is the product of the Wisconsin Records Management Committee, a committee of the Director of State Court's Office and a mandate of the Wisconsin Judicial Conference. If you have additional information that does not change the meaning of the form, attach it on a separate page. The form itself shall not be altered. Date: 04/15/2010 Page 2 American LegalNet, Inc. www.FormsWorkFlow.com For Official Use COUNTY STATE OF WISCONSIN, CIRCUIT COURT, IN THE MATTER OF THE APPOINTMENT/AUTHORIZATION OF: as Circuit Court Commissioner Order Appointing/Authorizing Circuit Court Commissioner State Bar No.: IT IS ORDERED: 1. The above-named person is appointed a circuit court commissioner for the above-named county under SCR 75.02(1). This person must be an attorney with at least 3 years of legal experience. authorized under SCR 75.02(3), as a supplemental court commissioner for the above-named county, to perform specific duties as set forth below on a temporary or occasional basis. This person must: • be an attorney, with at least 3 years of legal experience, AND • have been appointed a supplemental court commissioner under §757.675(1) Wis. Stats. appointed to supervise the office of family court commissioner for the county under §757.68 (2m) (a) 1, or (b), Wis. Stats. 2. This appointment/authorization shall be from (Date) commence on (Date) to (Date) and be subject to annual recertification. ; OR 3. The Honorable is/are appointed supervising judge(s) for the circuit court commissioner and shall • communicate responsibilities and performance objectives, AND • conduct annual written evaluations, AND • submit annual written recertification recommendations. 4. This circuit court commissioner shall have all the powers and duties specified in “a” through “i” below, which are authorized by SCO 97-10. have only the following specific duties (check all boxes that apply in “a” through “i”), which are authorized by SCO 97-10. a. When assigned to assist a court in juvenile matters: the powers of a circuit court commissioner under §757.69(1)(g), Wis. Stats. including 6 month Permanency Plan reviews under §48.38(5) and §938.38(5), Wis. Stats. Delinquency TPR JIPS CHIPS 12 month Permanency Plan reviews under §48.38(5m) and §938.38(5m), Wis. Stats. Delinquency TPR JIPS CHIPS issue summonses and warrants, order the release or detention of children apprehended, conduct detention and shelter care hearings, conduct preliminary appearances, conduct uncontested proceedings under §§48.13, 48.133, 938.12, 938.125, 938.13, and 938.18, Wis. Stats. enter into consent decrees and conduct hearings, make findings, and issue orders in proceedings under §813.122 or §813.125, Wis. Stats., in which the respondent is a child. b. When assigned to assist in matters affecting the family: the powers of a circuit court commissioner under §757.69(1)(p), Wis. Stats. the powers under §767.471, Wis. Stats. CAVEAT: Pursuant to Wis. Stats. §757.675(5) and §767.471and chapter 785, a sanction for contempt must be imposed by a judge or a court of record. c. In Traffic Regulation and County Ordinance cases: conduct initial appearances and receive uncontested forfeiture pleas. order the revocation or suspension of operating privileges and impose monetary penalties according to approved schedules. refer applicable cases to court for enforcement for nonpayment. GF-146, 04/10 Order Appointing/Authorizing Circuit Court Commissioner SCR 75; Ch. 48, §§19.01, 757.675, 757.68, 757.69, 767.471, Ch. 785 and 938, Wis. Stats. SCO 97-10 This form shall not be modified. It may be supplemented with additional material. Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com Order Appointing/Authorizing Circuit Court Commissioner Page 2 of 2 In the Matter of the Appointment/Authorization of as Circuit Court Commissioner d. In Small Claims Matters under Chapter 799, Wis. Stats.: conduct return date proceedings and settlement conferences. grant and enter default judgments and approve stipulations. conduct conferences and hearings with the parties or their attorneys, or both, on the original or adjourned return dates. issue decisions, which shall become judgments under §799.207(2), Wis. Stats. e. In Probate Matters: conduct noncontested proceedings. hear petitions for commitment and conduct probable cause hearings under §§51.20. 51.45, 55.13 and 55.135, Wis. Stats. conduct reviews of guardianships and protective placements and protective services under Chapters 54 and 55, Wis. Stats. advise persons alleged to be mentally ill under Chapters 51, 54, or 55, Wis. Stats., of their rights under the United States and Wisconsin constitutions. refer persons under Chapters 51, 54, or 55, Wis Stats., who claim or appear to be indigent to the State Public Defender for indigency evaluation, or if the person is a child, for appointment of counsel for the child without a determination of indigency, as provided in §48.23(4), Wis. Stats. f. In Child Abuse and Vulnerable Adult Injunction Proceedings: conduct hearings, make findings, and issue temporary restraining orders under §813.122 and §813.123, Wis. Stats. g. In Domestic Abuse and Harassment Injunction Proceedings: conduct hearings, make findings, and issue temporary restraining orders and injunctions under §813.12 and §813.125, Wis. Stats. h. In Criminal Matters: direct a case to the proper court for entry of a plea after an intelligent waiver of rights. Issue summonses, arrest warrants, and search warrants, determine probable cause to support a warrantless arrest, conduct initial appearances of persons arrested, and set bail. inform defendants of their rights under §§970.02(1) and (6), Wis. Stats. refer defendants who appear or claim to be indigent to the State Public Defender for indigency determinations. conduct preliminary examinations and arraignments, and with the consent of the parties, accept guilty pleas. conduct restitution hearings under §973.20(13)(c)4, Wis. Stats. i. In the following Miscellaneous Matters: conduct inquests under Chapter 979, Wis. Stats. issue warrants and capiases for those who do not appear as summoned. conduct hearings and issue orders on petitions under §173.23(3), Wis. Stats. when referred by the circuit court: try questions of fact requiring the examination of accounts and report upon specific issues of fact involved in those matters. try questions of fact arising other than upon the pleadings. prepare proposed findings of fact and conclusions of law pertaining to default mortgage and land contract foreclosures and mechanic’s liens. Chief Judge Appointment/Authorization under SCR 75.02: Chief Judge Signature District No. Date GF-146, 04/10 Order Appointing/Authorizing Circuit Court Commissioner SCR 75; Ch. 48, §§19.01, 757.675, 757.68, 757.69, 767.471, Ch. 785 and 938, Wis. Stats. SCO 97-10 This form shall not be modified. It may be supplemented with additional material. Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com