SCR CHAPTER 75
CIRCUIT COURT COMMISSIONERS
SCR 75.01 Definitions. In this chapter:
(1) “Chief judge” means the judge appointed
under SCR 70.18 for the judicial administrative district.
(2) “Circuit court commissioner” means a person
appointed under SCR 75.02 (1) and a person authorized under SCR 75.02 (3) to
the limited extent of that authorization.
(3) “Supplemental court commissioner” means a person appointed under s. 757.68 (2), stats.
COMMENT
This chapter applies to persons
appointed under SCR 75.02 (1) and to persons appointed under s. 757.68 (2),
stats., and authorized by a chief judge under SCR 75.02 (3) to perform on a
temporary or occasional basis specified duties other than those duties they are
authorized by statute to perform on their own authority. A person appointed
under s. 757.68 (2), stats., may perform duties specified in s. 757.69 (1),
stats., only on authority delegated by a judge and with the approval of the
chief judge of the judicial administrative district.
The performance evaluation and complaint procedures in SCR 75.04 and 75.06 apply to a circuit court commissioner’s performance of the duties authorized by the chief judge, however limited. Continuing education requirements set forth in SCR 75.05 apply to circuit court commissioners appointed under SCR 75.02 (1) and to circuit court commissioners authorized under SCR 75.02 (3) who spend 40 or more hours per year on duties authorized by a chief judge. This chapter does not apply to persons appointed by one or more circuit judges under s. 757.68 (2), stats., who are not authorized to perform activities other than those specified in s. 757.69 (3), stats., or to registers in probate authorized by a chief judge under SCR 75.02 (4) to perform the duties of a circuit court commissioner in probate matters.
SCR 75.02 Appointment; authorization.
(1) The chief judge of a judicial administrative district shall
appoint within the district, as authorized by law, officers of the court to
perform limited judicial and quasi-judicial functions under the direction and
authority of the chief judge and the judges of the circuit. These officers of
the court shall be selected on the basis of merit through a process approved by
the chief judge and the circuit court judges of the counties in which the
officers will serve. The chief judge may appoint, under this subsection, only
persons who are licensed to practice law in this state, are in good standing,
and who have been licensed to practice law in any state for 3 years immediately
before the appointment, except as otherwise provided by statute.
(2)(a) The chief judge shall, by order, authorize
each person appointed under sub. (1) to perform one or more specific duties
allowed court commissioners by statute and approved by the supreme court.
(b) When a new duty of circuit
court commissioners is created by statute, the director of state courts shall
submit the statute to the supreme court for its consideration. If the court does not expressly approve or
disapprove the duty or extend the time for its consideration within 30 days of
its submission, the statutory duty will be deemed approved by the court and may
be considered a duty that may, by order of the chief judge, be assigned to
court commissioners.
(3) The chief judge may, by order, authorize a
supplemental court commissioner to perform on a temporary or occasional basis
one or more specific duties allowed court commissioners by statute and approved
by the supreme court.
(4) Upon application of a judge within the
judicial administrative district exercising probate jurisdiction, the chief judge
may, by order, authorize a register in probate to perform the duties of a
circuit court commissioner in probate matters.
COMMENT
Based on s. 757.69, stats., sub. (2) requires that the order of appointment enumerate specific duties to be performed. It is not expected that every circuit court commissioner will be authorized to perform all of the duties allowed court commissioners by statute and approved by the supreme court.
Subsection (4) is based on s. 757.72 (5), stats.
SCR
75.03 Oath. Each circuit court commissioner and
supplemental court commissioner shall take and file the official oath in the
office of the clerk of the circuit court of the county for which appointed
before performing any duty of the office.
COMMENT
This rule reiterates the language of s. 757.68 (1)
and (2), stats.
SCR 75.04 Performance evaluation.
(1) The director of state courts shall establish
a standard procedure for the regular evaluation of the job performance of
circuit court commissioners, which shall include minimum performance standards
that a circuit court commissioner must meet to be certified as qualified.
(2) The chief judge shall appoint annually one
or more supervising judges for each circuit court commissioner. The supervising
judge or judges shall communicate responsibilities and performance objectives
to the commissioner and shall evaluate annually, pursuant to the procedures and
performance standards established under sub. (1), the performance of each
circuit court commissioner under his, her or their supervision. The supervising
judge or judges shall recommend to the chief judge whether the circuit court
commissioner should be certified as qualified to continue in that capacity in
the succeeding year. The recommendation of the supervising judge or judges
shall be in writing and supported by reasons and shall include findings
regarding all of the following:
(a) Whether the circuit court commissioner has
met or exceeded the minimum performance standards established under sub. (1).
(b) Whether the circuit court commissioner is
subject to any disciplinary order which forbids him or her to act in a
quasi-judicial capacity or is currently suspended or removed from office.
(c) Whether the circuit court commissioner, if
required to do so, has complied with SCR 70.36 (5) and 75.05 and has attended
specific educational programs recommended by the chief judge.
(3) The chief judge, upon considering the
recommendation of the supervising judge or judges, shall certify annually each
circuit court commissioner as qualified to act in that capacity or deny that
certification. The chief judge may not certify any circuit court commissioner
as qualified unless affirmative findings have been made under sub. (2) (a) and
(c) and a negative finding has been made under sub. (2) (b).
Unless the circuit court commissioner has met
minimum performance standards, complied with rules relating to education and
prompt decision making and is not under ethical sanctions, he or she cannot be
certified as qualified to discharge the functions of the office. Local
jurisdictions may use members of the bar and civic and consumer groups to
assist the supervising judge in the evaluation process. Under SCR 75.01, this section applies to
supplemental court commissioners authorized by a chief judge under SCR 75.02
(3) to perform specified duties on a temporary or occasional basis.
SCR 75.05 Continuing education.
(1) A circuit court commissioner shall maintain
and improve professional competence by participating in programs of continuing
education designed for circuit court commissioners and by participating in
local orientation programs, which may include mentoring by circuit court
judges.
(2) A person appointed as a circuit court
commissioner under SCR 75.02(1) shall comply with all of the following:
(a) Earn at least 60 education credits each
period of 6 years by participating in continuing education programs.
(b) Earn not less than 10 nor more than 30
education credits every 2 years.
(c) If employed full-time in that capacity, earn
credits only by participating in continuing education programs approved by the
judicial education committee.
(d) If not employed full-time in that capacity,
earn not more than 40 of the required 60 credits in any 6-year period by
participating in continuing legal education programs approved by the board of
bar examiners.
(3) A person authorized under SCR 75.02 (3) to
perform specified duties of a circuit court commissioner on a temporary or
occasional basis shall earn not less than 3 education credits in programs
approved by the judicial education committee in any year in which the
performance of those duties requires 40 or more hours.
(4) In this section, one credit is awarded for
each half-day of attendance at an in-state education program or at a continuing
legal education program approved by the board of bar examiners. The judicial
education committee shall determine the amount of credit awarded for attendance
at a national program.
SCR 31.05 (4) requires that the board of bar examiners allow participation in activities approved by the judicial education committee to be used to satisfy CLE requirements for attorneys.
SCR 75.06 Complaints; discipline.
(1) A
person may file a complaint regarding the conduct of a circuit court
commissioner with the chief judge or with the judicial commission. The chief
judge or a designee of the chief judge shall advise any complainant of the
right to file a complaint with the judicial commission. Notwithstanding the
jurisdiction of the judicial commission, the chief judge may discipline a
circuit court commissioner as provided in sub. (2).
(2) The chief judge is responsible for
disciplining circuit court commissioners within the judicial administrative
district with respect to their quasi-judicial activities and for determining
the severity of the discipline, including removal. The determinations of the
chief judge shall be in writing and set forth the reasons for them. The chief
judge shall consider information and recommendations from the supervising judge
or judges when making those determinations.
SCR
75.07 Local court rules.
(1) The circuit court judges of any county may
establish any of the following as local court rules:
(a) Rules and standards clarifying the authority
of circuit court commissioners in particular types of cases.
(b) Guidelines for decision making by circuit
court commissioners.
(2) All local court rules established under sub.
(1) shall be adopted under s. 753.35 (2), stats., shall be consistent with
statutes and supreme court rules, and shall be approved by the chief judge.
COMMENT
The guidelines established under sub. (1) (b) may not interfere with the decision-making discretion of circuit court commissioners in individual cases.
Adopted October 15, 1998; effective January 1, 1999;
amended March 1, 2001; April 6, 2001; May 2, 2001.