753.073 Expenses.
753.075 753.077 753.09 753.10 753.19 753.22 753.23 753.24 753.30 753.32 753.34 753.35
753.01 Term of office. The term of office of every elected circuit judge is 6 years and until the successor is elected and qualified, commencing with the August 1 next succeeding the election.
mestic conciliation who shall dispose of all matters before it in proper manner. (4) EQUIPMENT. The board of supervisors of said county shall furnish said courts and said department of family conciliation, the judges, officers and employees thereof with suitable accommodations, adequately centralized and consolidated, and with the necessary furniture and supplies and make provision for its necessary expenses and operation. (5) CIVIL SERVICE. The board of supervisors and county civil service commission shall make suitable reclassifications in positions in said county to accomplish the purpose of subs. (3) to (5).
History: 1975 c. 61, 178, 199, 422; 1977 c. 187 s. 92; Stats. 1977 s. 753.01; 1983 a. 538. The legislature cannot, after a judge has been elected to a new branch, advance the starting date and the end of the judge’s term. 58 Atty. Gen. 97.
753.016 Judicial circuit for Milwaukee County. (1) This section applies only in the judicial circuit for Milwaukee County. (2) COURT ROOM; OFFICES. The county board shall provide suitable court rooms and offices, the sheriff shall provide the necessary deputy sheriffs as attending officers under s. 59.27 (3) and the clerk of the circuit court shall provide a sufficient number of deputy clerks for all the judges and branches of the court. (3) DEPARTMENT OF FAMILY CONCILIATION. (a) There is created a department of family conciliation under the direction and supervision of a director of family conciliation. The director shall: 1. Receive all marital complaints and make a proper disposition thereof; 2. Make investigations of the facts upon which to base warrants in the cases hereinbefore specified and in all other matters duly referred to said department; 3. Exercise such supervision in connection with the exercise by said court of its jurisdiction as the judges thereof may duly order. (b) All persons in this department shall keep such records as may be provided by law. The court may by order close the files of matters before the court if the court determines that publication of the matters is contrary to public policy. The court may make such other orders as may be in the interest of children in such matters and the public morals. (c) The department shall have such investigators as are authorized by the county board of supervisors of the county. The investigators shall be appointed by the county department under s. 46.215. (e) The county board of supervisors of the county shall provide for such assistants, stenographic and otherwise, as needed to assist the director of family conciliation in carrying out the purpose of subs. (3) to (5) particularly in regard to the proper disposal of marital complaints. The director and all other persons in the department shall be appointed by the county department under s. 46.215, except in cases otherwise expressly provided for. (f) All public officers in said county shall refer all domestic complaints made to them to said director of the department of do-
Reserve judges; service. Preservation of judgments. Jury. Attendance of officers, pay; opening court. Operating costs; circuit court. When court to be held. Night and Saturday sessions. Where court to be held. Clerk of circuit court; duties, powers. Clerks, etc., not to be appraisers. Circuit court for Menominee and Shawano counties. Rules of practice and trial court administration.
History: 1975 c. 39, 199; 1977 c. 187 ss. 92, 135; 1977 c. 449; Stats. 1977 s. 753.016; 1979 c. 110 s. 60 (13); 1981 c. 96, 353; 1985 a. 176; 1995 a. 201.
753.03 Jurisdiction of circuit courts. The circuit courts have the general jurisdiction prescribed for them by article VII of the constitution and have power to issue all writs, process and commissions provided in article VII of the constitution or by the statutes, or which may be necessary to the due execution of the powers vested in them. The circuit courts have power to hear and determine, within their respective circuits, all civil and criminal actions and proceedings unless exclusive jurisdiction is given to some other court; and they have all the powers, according to the usages of courts of law and equity, necessary to the full and complete jurisdiction of the causes and parties and the full and complete administration of justice, and to carry into effect their judgments, orders and other determinations, subject to review by the court of appeals or the supreme court as provided by law. The courts and the judges thereof have power to award all such writs, process and commissions, throughout the state, returnable in the proper county. History: 1977 c. 187 s. 92; Stats. 1977 s. 753.03; 1983 a. 192. The circuit courts are constitutional courts with plenary jurisdiction. They do not depend solely upon statute for their powers. However, in certain cases with vast social ramifications not addressed by statute, prudence requires the courts to refuse to exercise their jurisdiction. As such, circuit courts are prohibited from exercising jurisdiction regarding sterilization of incompetents. Eberhardy v. Circuit Court, 102 Wis. 2d 539, 307 N.W.2d 881 (1981). Because courts have exclusive criminal jurisdiction, criminal charges against a defendant were not collaterally estopped even though a parole revocation hearing examiner concluded that the defendant’s acts did not merit parole revocation. State v. Spanbauer, 108 Wis. 2d 548, 322 N.W.2d 511 (Ct. App. 1982).
753.04 Writs, how issued; certiorari. All writs issued from the circuit court shall be in the name of the state of Wisconsin, shall bear date the day they are issued, be attested in the name of the judge of the circuit in which issued, and if there is no such judge, then in the name of the chief judge of the court of appeals or the chief justice of the supreme court, be returnable on a date certain which is not more than 60 days from the date of issuance, unless otherwise directed by law, by the judge or by rule of court, be signed by the clerk, sealed with the seal of the court and directed to some officer or person authorized to serve or execute
May 22, 2026, are designated by NOTES. (Published 5-22-26)
753.04
CIRCUIT COURTS
the writs. All writs of certiorari issued to review any action taken by a county board, town board, common council of any city or board of trustees of any village, or any record lawfully in the custody of a county clerk, town clerk, city clerk or village clerk may be addressed to and served upon the proper county clerk, town clerk, city clerk or village clerk, respectively, who shall make return thereto. History: 1977 c. 187 s. 92; 1977 c. 449; Stats. 1977 s. 753.04. A writ of certiorari proceeding bears no resemblance to a civil action brought to resolve a dispute between the parties; it exists only to test the validity of judicial or quasi-judicial determinations, and it neither contemplates nor authorizes the respondent to interpose any answers, denials, or defenses. Merkel v. Village of Germantown, 218 Wis. 2d 572, 581 N.W.2d 552 (Ct. App. 1998), 97-3347. But see State ex rel. Kurtzweil v. Sawyer County Zoning Board of Appeals, 2023 WI App 43, 409 Wis. 2d 77, 995 N.W.2d 286, 22-1577.
753.05 Seals. The circuit courts in the several counties shall have seals, and they may direct and from time to time alter the inscriptions and devices thereon; and the respective county boards shall furnish such seals as shall be ordered; and when any such court shall be unprovided with a seal the judge may authorize the use of any temporary seal or of any device by way of seal until a seal shall be so provided. The seals now in use by said courts shall continue to be the seals thereof until others shall be provided according to law. History: 1977 c. 187 s. 92; Stats. 1977 s. 753.05.
753.06 Judicial circuits. The state is divided into judicial circuits as follows: (1) WITHIN THE 1ST JUDICIAL ADMINISTRATIVE DISTRICT. Milwaukee County. The circuit has 47 branches. (2) WITHIN THE 2ND JUDICIAL ADMINISTRATIVE DISTRICT. (a) Kenosha County. The circuit has 8 branches. (b) Racine County. The circuit has 10 branches. (c) Walworth County. The circuit has 4 branches. (3) WITHIN THE 3RD JUDICIAL ADMINISTRATIVE DISTRICT. (ag) Dodge County. The circuit has 4 branches. (ar) Jefferson County. The circuit has 4 branches. (b) Ozaukee County. The circuit has 3 branches. (c) Washington County. The circuit has 4 branches. (d) Waukesha County. The circuit has 12 branches. (4) WITHIN THE 4TH JUDICIAL ADMINISTRATIVE DISTRICT. (a) Calumet County. The circuit has 2 branches. (b) Fond du Lac County. The circuit has 5 branches. (bn) Green Lake County. The circuit has one branch. (c) Manitowoc County. The circuit has 4 branches. (cm) Marquette County. The circuit has one branch. (d) Sheboygan County. The circuit has 5 branches. (dm) Waushara County. The circuit has 2 branches. (e) Winnebago County. The circuit has 6 branches. (5) WITHIN THE 5TH JUDICIAL ADMINISTRATIVE DISTRICT. (ag) Columbia County. The circuit has 3 branches. (ar) Dane County. The circuit has 17 branches. (b) Green County. The circuit has 2 branches. (bn) Lafayette County. The circuit has one branch. (c) Rock County. The circuit has 7 branches. (d) Sauk County. The circuit has 3 branches. (7) WITHIN THE 7TH JUDICIAL ADMINISTRATIVE DISTRICT. (ag) Adams County. The circuit has 2 branches. (am) Buffalo and Pepin counties. The circuit has one branch. (ar) Clark County. The circuit has 2 branches. (b) Crawford County. The circuit has one branch. (c) Grant County. The circuit has 2 branches. (d) Iowa County. The circuit has one branch. (e) Jackson County. The circuit has 2 branches.
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(em) Juneau County. The circuit has 2 branches. (f) La Crosse County. The circuit has 5 branches. (h) Monroe County. The circuit has 3 branches. (hm) Pierce County. The circuit has one branch. (i) Richland County. The circuit has one branch. (j) Trempealeau County. The circuit has one branch. (k) Vernon County. The circuit has one branch. (8) WITHIN THE 8TH JUDICIAL ADMINISTRATIVE DISTRICT. (a) Brown County. The circuit has 8 branches. (b) Door County. The circuit has 2 branches. (c) Kewaunee County. The circuit has one branch. (d) Marinette County. The circuit has 2 branches. (e) Oconto County. The circuit has 2 branches. (f) Outagamie County. The circuit has 7 branches. (g) Waupaca County. The circuit has 3 branches. (9) WITHIN THE 9TH JUDICIAL ADMINISTRATIVE DISTRICT. (c) Florence and Forest counties. The circuit has one branch. (e) Langlade County. The circuit has one branch. (f) Lincoln County. The circuit has 2 branches. (g) Marathon County. The circuit has 6 branches. (h) Menominee and Shawano counties. The circuit has 2 branches. (i) Oneida County. The circuit has 2 branches. (im) Portage County. The circuit has 3 branches. (j) Price County. The circuit has one branch. (k) Taylor County. The circuit has one branch. (L) Vilas County. The circuit has 2 branches. (m) Wood County. The circuit has 4 branches. (10) WITHIN THE 10TH JUDICIAL ADMINISTRATIVE DISTRICT. (a) Ashland County. The circuit has one branch. (am) Barron County. The circuit has 3 branches. (b) Bayfield County. The circuit has one branch. (c) Burnett County. The circuit has one branch. (d) Chippewa County. The circuit has 3 branches. (e) Douglas County. The circuit has 2 branches. (f) Dunn County. The circuit has 3 branches. (g) Eau Claire County. The circuit has 6 branches. (gm) Iron County. The circuit has one branch. (i) Polk County. The circuit has 2 branches. (j) Rusk County. The circuit has one branch. (k) St. Croix County. The circuit has 4 branches. (L) Sawyer County. The circuit has 2 branches. (m) Washburn County. The circuit has one branch. History: 1971 c. 263; 1977 c. 187 s. 92; 1977 c. 449; Stats. 1977 s. 753.06; 1981 c. 317; 1983 a. 506, 538; 1987 a. 75, 403; 1989 a. 65, 336; 1991 a. 32, 39, 71, 269; 1993 a. 213; 1995 a. 225; 1997 a. 27, 203; 1999 a. 9; 2001 a. 38; 2007 a. 20, 28; 2015 a. 196; Sup. Ct. Order No. 18-01, 2018 WI 33, 380 Wis. 2d xiii; 2017 a. 365 s. 111; Sup. Ct. Order No. 19-21, 2020 WI 17, 390 Wis. 2d xvii; 2021 a. 58; 2021 a. 238 s. 44; 2023 a. 19. Wisconsin Comment, 2018: Pursuant to S. Ct. Order 18-01, 2018 WI 33 (issued April 11 2018, eff. July 31, 2018) the court redistributed the counties that constituted the 6th judicial administrative district into other judicial administrative districts. Accordingly, as of the effective date of that order, there is no 6th judicial administrative district.
753.0605 Additional circuit court branches. Notwithstanding s. 753.06, the director of state courts may add additional circuit court branches as follows: (1) By November 14, 2020, the director of state courts may add 4 additional circuit court branches, to begin operation on August 1, 2021. The director of state courts may allocate each branch to any county that the director of state courts determines is in need of an additional circuit court branch if the county has passed a resolution requesting an additional circuit court branch
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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Updated 23-24 Wis. Stats.
and the county has established, or will have established by May 31, 2021, the appropriate infrastructure to support an additional circuit court branch. The director of state courts may require any county, as a condition for receiving a circuit court branch allocation under this subsection, to have established or to apply for a grant under s. 165.95 or 165.955 to establish a drug court. (2) After November 14, 2020, and before November 14, 2021, the director of state courts may add 4 additional circuit court branches, to begin operation on August 1, 2022. The director of state courts may allocate each branch to any county that the director of state courts determines is in need of an additional circuit court branch if the county has passed a resolution requesting an additional circuit court branch and the county has established, or will have established by May 31, 2022, the appropriate infrastructure to support an additional circuit court branch. The director of state courts may require any county, as a condition for receiving a circuit court branch allocation under this subsection, to have established or to apply for a grant under s. 165.95 or 165.955 to establish a drug court. (3) After November 14, 2021, and before November 14, 2022, the director of state courts may add 4 additional circuit court branches, to begin operation on August 1, 2023. The director of state courts may allocate each branch to any county that the director of state courts determines is in need of an additional circuit court branch if the county has passed a resolution requesting an additional circuit court branch and the county has established, or will have established by May 31, 2023, the appropriate infrastructure to support an additional circuit court branch. The director of state courts may require any county, as a condition for receiving a circuit court branch allocation under this subsection, to have established or to apply for a grant under s. 165.95 or 165.955 to establish a drug court. History: 2019 a. 184.
753.061 Court; branch; judge. (1) In each judicial circuit, each judgeship shall be given a branch number. Each branch constitutes a circuit court with all the powers and jurisdiction possessed by circuit courts in circuits having one judge only, and may be designated in all papers and proceedings either by its respective number or by the name of its presiding judge. (2) The chief judge of the 1st judicial administrative district shall designate 2 circuit court branches that will primarily handle cases that involve a violation of ch. 961 involving a controlled substance included in schedule I or II under ch. 961 or a controlled substance analog of a controlled substance included in schedule I or II under ch. 961. (2m) The chief judge of the 1st judicial administrative district is authorized to designate 4 circuit court branches to primarily handle violent crime cases that involve a violation of s. 939.63, if a felony is committed while armed, and of ss. 940.01 to 940.03, 940.05, 940.06, 940.225, 943.231 (1), and 943.32 (2). If the circuit court branches are designated under this subsection, 2 shall begin to primarily handle violent crime cases on September 1, 1991, and 2 shall begin to primarily handle violent crime cases on August 1, 1992. History: 1977 c. 449; 1979 c. 175; 1989 a. 121, 122; 1991 a. 39; 1993 a. 92; 1995 a. 27, 448; 2001 a. 109; 2003 a. 33; 2015 a. 55; 2023 a. 10. Each court branch is endowed under sub. (1) with the full powers of a circuit court and has the same powers as every other branch. Drow v. Schwarz, 225 Wis. 2d 362, 592 N.W.2d 623 (1999), 97-1867.
753.065 Naturalization proceedings, venue. For the purposes of naturalization proceedings only, pursuant to federal statutes (8 USC 1421), the counties of this state shall be considered as one district. A resident of this state who petitions for naturalization may file the petition with the office of clerk of circuit court located in any of the following cities:
CIRCUIT COURTS
753.07
(1) Superior. (2) Eau Claire. (3) La Crosse. (4) Wisconsin Rapids. (5) Green Bay. (6) Sheboygan. (7) Ashland. (8) Wausau. (10) Janesville. (11) Fond du Lac. (12) Madison. (13) Waukesha. (14) Kenosha. (15) Racine. (16) Elkhorn. History: 1973 c. 12 s. 37; 1977 c. 187 s. 92; Stats. 1977 s. 753.065; 1981 c. 332.
753.07 Circuit judges; circuit court reporters; assistant reporters; salaries; retirement; fringe benefits. (1) JUDGES AND COURT REPORTERS. Persons serving as county court judges in this state on July 31, 1978, shall be denominated circuit court judges as provided in chapter 449, laws of 1977, section 491. Persons serving as county court reporters in this state on July 31, 1978, shall be circuit court reporters on August 1, 1978. Persons serving as assistant county court reporters for a court of record, authorized as full-time employees by a county board of supervisors and not paid on a per diem basis and who were employed in that capacity on February 1, 1978, shall be circuit court reporters on August 1, 1978. On August 1, 1978, and thereafter, all circuit court judges in this state shall receive compensation under s. 20.923, and as state employees shall be subject to chs. 40 and 230, except as otherwise provided in this section. (2) COURT PERSONNEL; MILWAUKEE COUNTY. Persons serving as circuit court judges and circuit court reporters for Milwaukee County on July 31, 1978, shall have the option of receiving compensation and continuing as participants in the retirement system established under chapter 201, laws of 1937, as follows: (a) The persons shall continue to receive salaries directly payable from the state in the same amount as they were receiving on July 31, 1978, and such salaries are subject to s. 40.05. The balance of the salaries authorized under ss. 230.12 and 751.02 for the judges and reporters shall be paid by the secretary of administration to the county treasurer pursuant to a voucher submitted by the clerk of circuit court to the director of state courts. The county treasurer shall pay the amounts directly to the judges and reporters and the amounts paid are subject to the retirement system established under chapter 201, laws of 1937. (b) The state shall pay to the county treasurer in the manner specified in par. (a) on behalf of the judges and reporters the required employer contribution rate as provided under s. 40.05. If the required employer contribution rate under the retirement system established under chapter 201, laws of 1937 is greater than the required employer contribution rate under s. 40.05, the state shall pay 50 percent of the difference to the county treasurer. For future retirement benefits, these judges and reporters shall be given the same consideration as other elected county officials and county employees under the county’s retirement system. (3) SAME. Persons serving as county court judges, county court reporters and assistant county court reporters, as specified in sub. (1), for Milwaukee County on July 31, 1978, shall have the option of receiving compensation and continuing in the retirement system established under chapter 201, laws of 1937 as follows:
May 22, 2026, are designated by NOTES. (Published 5-22-26)
753.07
Updated 23-24 Wis. Stats.
CIRCUIT COURTS
(a) The salaries authorized under ss. 230.12 and 751.02 for the judges and reporters shall be paid by the secretary of administration to the county treasurer pursuant to a voucher submitted by the clerk of circuit court to the director of state courts. The county treasurer shall pay the amounts directly to the judges and reporters and the amounts paid shall be subject to the retirement system established under chapter 201, laws of 1937. (b) The state shall pay to the county treasurer in the manner specified in par. (a) on behalf of the judges and reporters the required employer contribution rate as provided under s. 40.05. If the required employer contribution rate under the retirement system established under chapter 201, laws of 1937 is greater than the required employer contribution rate under s. 40.05, the state shall pay 50 percent of the difference to the county treasurer. For future retirement benefits, the judges and reporters shall be given the same consideration as other elected county officials and county employees under the county’s retirement system. Reporters covered under this subsection may be discharged only for cause and in connection therewith shall be afforded the same rights to a hearing and appeal as employees in the classified state service. (4) COURT PERSONNEL; OPTIONS. As state employees, county court judges, county court reporters, and assistant county court reporters, as specified in sub. (1), who are denominated or become circuit court judges and reporters on August 1, 1978, and persons serving as circuit court judges and circuit court reporters for Milwaukee County on July 31, 1978, shall have the option of remaining as participants under county life and health insurance programs to the extent of their participation in such programs on February 1, 1978. The secretary of administration shall semiannually pay to the county treasurer, pursuant to a voucher submitted by the clerk of circuit court to the director of state courts, an amount equal to the state contribution for life and health insurance for other comparable state employees. The county shall pay the cost of any premiums for life and health insurance exceeding the sum of the state contribution and the employee contribution as required under the county programs. (5) EXERCISED IN WRITING. The options to remain under county programs under this section shall be exercised in writing on forms provided by the director of state courts not later than November 1, 1978, and the action shall apply retrospectively to August 1, 1978. (6) DETERMINATION. In this section, “required employer contribution rate” means the total amount paid to the retirement fund for similar participants including actuarially determined current costs, any prior service amortization costs and any amount of employee contributions presently paid by the employer. These required employer contribution rates are subject to annual redetermination by the actuaries of the respective retirement systems; however, the contribution rates for elected public officials and other employees shall be determined separately when the calculations are actuarially available from the Wisconsin retirement system and adopted by the employee trust funds board. History: 1973 c. 90; 1977 c. 187 s. 92; 1977 c. 418 ss. 748, 749; 1977 c. 449; Stats. 1977 s. 753.07; Sup. Ct. Order, 88 Wis. 2d xiii (1979); 1981 c. 96 ss. 55, 56, 67; 1981 c. 353 ss. 6, 13; 2003 a. 33.
753.073 Expenses. A circuit judge shall be reimbursed by the state for actual and necessary itemized expenses incurred in the discharge of judicial duty outside the county of residence, and in attending meetings of the judicial conference or the committees thereof, and as a judge designated to serve on the judicial administrative committee or the subcommittees thereof. History: 1971 c. 254 s. 19; 1977 c. 187 ss. 92, 135; 1977 c. 273, 449; Sup. Ct. Order, 88 Wis. 2d xiii (1979).
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