Chapter 757, GENERAL PROVISIONS CONCERNING COURTS OF RECORD,JUDGES, ATTORNEYS AND CLERKS

757.001 Definitions. In this chapter: (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. (2) “Supplemental court commissioner” means a pers…

757.01 Powers of courts. The several courts of record of this state shall have power: (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. (2) T…

757.02 Justices and judges and municipal judges; oath of office; ineligibility to other office; salary; conservators of peace. (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 t…

757.025 Judge to file affidavit as to work done to receive salary. (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 cou…

757.05 Penalty surcharge. 757.05(1)(1) Levy of 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 res…

757.07 Privacy protections for judicial officers. (1) DEFINITIONS. In this section: (a) “Data broker” means a commercial entity that collects, assembles, or maintains personal information concerning an individual who is not a customer or an employee of that entity in order to sel…

757.08 Vacancy in judgeship not to affect suits. No process, proceeding or action, civil or criminal, before any court of record shall be discontinued by the occurrence of any vacancy in the office of any judge or of all the judges of such court, nor by the election of any new ju…

757.10 Failure to adjourn. No omission to adjourn any such court may vitiate any proceedings in the court. History: 1977 c. 187 s. 96; 1977 c. 449; Stats. 1977 s. 757.10.

757.12 Adjournment to another location. Whenever it is deemed unsafe or inexpedient, by reason of war, pestilence, public calamity, or other compelling factors limiting or preventing access to the courthouse, the justices or judges of the court may order court to be held at an al…

757.13 Continuances; legislative privilege. When a witness, party or an attorney for any party to any action or proceeding in any court or any commission, is a member of the Wisconsin legislature, in session, that fact is sufficient cause for the adjournment or continuance of the…

757.14 Sittings, public. The sittings of every court shall be public and every citizen may freely attend the same, including proceedings held by telephone or videoconferencing technology, except if otherwise expressly provided by law. If the content of the proceeding is deemed gr…

757.15 Holding court, effect of holidays. A court may be open to transact business on the first day of the week and on a legal holiday in like manner and with like effect as upon any other day. History: 1975 c. 159; 1977 c. 54; 1977 c. 187 s. 96; 1977 c. 449; Stats. 1977 s. 757.1…

757.18 Process, etc., to be in English. All writs, process, proceedings and records in any court within this state shall be in the English language, except that the proper and known names of process and technical words may be expressed in the language heretofore and now commonly …

757.19 Disqualification of judge. (1) In this section, “judge” includes the supreme court justices, court of appeals judges, circuit court judges and municipal judges. (2) Any judge shall disqualify himself or herself from any civil or criminal action or proceeding when one of th…

757.22 Judge not to act as attorney, etc.; attorneys not to have office with judge. (1) No judge, while holding office, may be in any manner engaged or act as attorney or counsel; and no judge or his or her clerk or any person employed by the judge in or about his or her office, …

757.23 Court commissioner, when disqualified. A municipal, circuit, or supplemental court commissioner, or any judge acting as a court commissioner, shall not act or take part in the decision of, or make any order in any matter or proceeding in which he or she is a party, or in w…

757.24 Liability of judicial officers. Circuit judges and circuit and supplemental court commissioners shall be held personally liable to any party injured for any willful violation of the law in granting injunctions and appointing receivers, or for refusing to hear motions to di…

757.25 Money in court, how deposited. The judge of any court of record on the application of a party to any action or proceeding therein who has paid $1,000 or more into court in the action or proceeding may order the money to be deposited in a safe depository until the further o…

757.26 Court officers, liability of to arrest. The officers of the several courts of record shall be liable to arrest and may be held to bail in the same manner as other persons, except during the actual sitting of any court of which they are officers; and when sued with any othe…

757.293 Trust accounts required. (1) A member of the state bar shall not commingle the money or other property of a client with his or her own, and he or she shall promptly report to the client the receipt by him or her of all money and other property belonging to the client. Unl…

757.295 Barratry. (1) SOLICITING LEGAL BUSINESS. Except as provided under SCR 20:7.1 to 20:7.5, no person may solicit legal matters or a retainer, written or oral, or any agreement authorizing an attorney to perform or render legal services. (2) SOLICITATION OF A RETAINER FOR AN …

757.30 Penalty for practicing without license. (1) Every person, who without having first obtained a license to practice law as an attorney of a court of record in this state, as provided by law, practices law within the meaning of sub. (2), or purports to be licensed to practice…

757.34 Attorney not to be bail, etc. No attorney practicing in this state shall be taken as bail or security on any undertaking, bond or recognizance in any action or proceeding, civil or criminal, nor shall any practicing attorney become surety on any bond or recognizance for an…

757.35 Blank process to attorneys. The clerks of the courts of record may deliver to any attorney of their courts, in blank, any and all processes which may be requisite for the prosecution of or carrying on any action or special proceeding in such courts, or the enforcement of a…

757.36 Lien on proceeds of action to enforce cause of action. Any person having or claiming a right of action, sounding in tort or for unliquidated damages on contract, may contract with any attorney to prosecute the action and give the attorney a lien upon the cause of action an…

757.37 When action settled by parties, what proof to enforce lien. If any such cause of action is settled by the parties thereto after judgment has been procured without notice to the attorney claiming the lien, the lien may be enforced and it shall only be required to prove the …

757.38 Consent of attorney in settlement of actions for personal injuries. No settlement or adjustment of any action which shall have been commenced to recover damages for any personal injury or for the death as a result of any personal injury in which an attorney shall have appe…

757.39 Judges may direct calendars to be printed. The judges of the several courts of record having civil jurisdiction may, in their discretion, direct the respective clerks thereof to prepare printed calendars of the causes to be heard at the several terms, which shall be in the…

757.40 Law library. Any circuit judge may, whenever he or she deems it desirable, purchase or direct the clerk of the circuit court for any county in his or her circuit to purchase law books and subscribe for the periodical reports of any of the courts of the several states or te…

757.41 Law library; Milwaukee County. (1) The county board of any county having a population of 250,000 or more may acquire by gift, purchase or otherwise, a law library and law books, and shall house the law library and additions in the courthouse or in suitable quarters elsewhe…

757.45 Sharing of compensation by attorneys prohibited. It is unlawful for any person to divide with or receive from, or to agree to divide with or receive from, any attorney or group of attorneys, whether practicing in this state or elsewhere, either before or after action broug…

757.46 Court reporter not to take statements of injured persons. No court reporter for any court of record in the state of Wisconsin or any of his or her assistants may be employed by any person or corporation to take the statement of any injured or other person in any way relati…

757.47 Taxes of this state enforced in other states. (1) The courts of this state shall recognize and enforce the liability for taxes lawfully imposed by the laws of any other state which extends a like comity in respect of the liability for taxes lawfully imposed by the laws of …

757.48 Guardian ad litem must be an attorney. (1) (a) Except as provided in s. 879.23 (4), in all matters in which a guardian ad litem is appointed by the court, the guardian ad litem shall be an attorney admitted to practice in this state. In order to be appointed as a guardian …

757.52 Guardian ad litem for persons not in being or unascertainable. In any action or proceeding the court may appoint a guardian ad litem for persons not in being or presently unascertainable, if the court has reason to believe that such appointment is necessary to protect the …

757.54 Retention and disposal of court records. (1) Except as provided in sub. (2), the retention and disposal of all court records and exhibits in any civil or criminal action or proceeding or probate proceeding of any nature in a court of record shall be determined by the supre…

757.55 Reporting testimony. The supreme court shall determine, by rule, the civil and criminal actions and proceedings which shall be reported. History: 1981 c. 353. NOTE: See SCR ch. 71.

757.57 Transcripts. (2) In any criminal action or proceeding the court may order, and when required by s. 973.08 the court GENERAL COURT PROVISIONS 757.66 shall order, a transcript of the testimony and proceedings to be made and certified by a court reporter and filed with the cl…

757.60 Judicial administrative districts. The state is divided into judicial administrative districts for the purpose of administering the court system. Each district includes all the circuit courts within the district. The judicial administrative districts are as follows: (1) Th…

757.66 Recovery of legal fees paid for indigent defendants. Whenever a county or the state has paid for legal representation of an indigent defendant and the county board or the department of justice so requires, the clerk of the court where representation for the indigent was ap…

757.67 Testimony of judge of kin to attorney. No judge of any court of record shall testify as to any matter of opinion in any action or proceeding in which any person related to such judge in the first degree shall be an attorney of record. History: Sup. Ct. Order, 59 Wis. 2d R1…

757.675 Supplemental court commissioners. (1) In each county the circuit judges shall appoint such number of supplemental court commissioners as the proper transaction of business requires, except that in counties having a population of 200,000 or more each judge may appoint not …

757.68 Circuit court commissioners. (1) Subject to subs. (2m) to (5m), in every county organized for judicial purposes, the county board shall establish the number of circuit court commissioner positions necessary for the efficient administration of judicial business within the c…

757.69 Powers and duties of circuit court commissioners. (1) A circuit court commissioner may: (a) Direct a case to the proper court if the defendant wishes to enter a plea after intelligent waiver of rights. (b) In criminal matters issue summonses, arrest warrants or search warr…

757.70 Hearings before court commissioners. (1) All proceedings and hearings before a court commissioner, including proceedings held by telephone or videoconferencing technology, shall be public and open to every citizen, except juvenile proceedings or when it is necessary for th…

757.81 Definitions. In ss. 757.81 to 757.99: (1) “Commission” means the judicial commission created by s. 757.83. (3) “Judge” means a judge of any court established by or pursuant to article VII, section 2 or 14, of the constitution, or a supreme court justice. (4) “Misconduct” i…

757.83 Judicial commission. 757.83(1)(1) Membership; appointment; terms. 757.83(1)(a)(a) There is created a judicial commission of 9 members: 5 nonlawyers nominated by the governor and appointed with the advice and consent of the senate; one trial judge of a court of record and o…

757.85 Investigation; prosecution. (1) (a) The commission shall investigate any possible misconduct or permanent disability of a judge or circuit or supplemental court commissioner. Misconduct constitutes cause under article VII, section 11, of the constitution. Except as provide…

757.87 Request for jury; panel. (1) After the commission has found probable cause that a judge or circuit or supplemental court commissioner has engaged in misconduct or has a permanent disability, and before the commission files a formal complaint or a petition under s. 757.85 (…

757.89 Hearing. A record shall be kept of any hearing on a formal complaint or a petition. The allegations of the complaint or petition must be proven to a reasonable certainty by evidence that is clear, satisfactory and convincing. The hearing shall be held in the county where t…