[1] On March 6, 2020, Governor Tony Evers signed bipartisan legislation to create 12 new circuit court branches, with four seats to be added each year from 2021 to 2023.
[3] With the exception of Milwaukee County, chief judges and their deputies continue to hear cases while serving.
Chief judges assign judges to hear only a specific type of case (e.g. civil, criminal, juvenile), equalize the flow of cases, establish court policies and rules, and supervise the finances of the courts they administer.
[5] On April 1, 2019, the Supreme Court expanded the Commercial Docket's geographic jurisdiction to encompass the entire state.
[7] The Supreme Court issued an Order on June 29, 2022, extending the pilot project to July 30, 2024.
[9] The Wisconsin circuit courts have original jurisdiction to hear all civil and criminal matters within the state.
The court's jurisdiction is conferred by Article VII, Section 8 of the Wisconsin Constitution and is quite broad.
Since the court's subject matter jurisdiction is constitutional rather than statutory, the Wisconsin Legislature cannot limit it by statute.
By comparison, the United States Congress is empowered to limit the subject matter jurisdiction of federal District Courts if it so chooses.
In a civil case, the requirements for personal jurisdiction are governed by chapter 801.05 of the Wisconsin Statutes.
Personal jurisdiction requirements in a civil case are driven by policy considerations, such as fairness to the defendant, comity, and principals of federalism.
In addition, the courts are constrained from taking action that will encroach on the powers of the legislative or executive branches.
The courts may invalidate a law that violates individual rights, such as the right to equal protection or due process, or a law that is not enacted according to the process established in the constitution, for example, a bill that was not passed by a majority of the members of each house of the Wisconsin State Legislature.
A plaintiff must commence a suit by serving the defendant with a summons within a certain time period established by a statute of limitation, or lose the right to sue.
The defendant may also raise affirmative defenses (defenses that defeat the plaintiff's claims even if the plaintiff's allegations are true), for example, that the time period for filing the suit has expired, that the service of the summons and complaint was invalid, or that the complaint has already been settled in previous litigation.
Discovery also allows the parties to formulate and narrow the issues for trial and obtain and preserve evidence.
The scheduling order generally assigns dates for filing motions, amending pleadings, completing discovery, pretrial conferences between the judge and parties, and for trial.
The court is directly involved in a criminal case from the beginning to protect the rights of the defendant.
The main purpose of time limits is to ensure that criminal cases are tried while the evidence is still available and witnesses' memories are fresh.
At the initial appearance, the court informs felony defendants that they are entitled to a preliminary examination before the criminal case may go forward.
If the court determines that the district attorney has shown probable cause or the defendant waives the right to a preliminary examination, the case goes forward.
Grand jury and John Doe proceedings are generally used when investigators need to take testimony under oath or compel a witness to testify in order to gather sufficient evidence to issue a criminal complaint.
A judge, usually upon the request of a district attorney, may assemble a grand jury to investigate suspected criminal activity.
Upon completing an investigation, a grand jury may by the vote of at least 14 members return an indictment, which is a written accusation that a person committed a crime.
If the grand jury returns an indictment, the court issues a summons or warrant for the defendant.
A judge initiates a John Doe proceeding upon receiving a complaint about criminal activity from any person, including the district attorney.
The judge must question the person who makes the complaint under oath and may subpoena and examine other witnesses (usually with the assistance of the district attorney).
The judge must review the agreement on the plea before accepting it to ensure that there is sufficient reason to believe that the defendant is guilty of the crime.
During the trial, the role of the judge is similar – determining the admissibility of evidence, guiding the jury, if there is one, and refereeing the actions of the attorneys.
In the event of a vacancy, the Governor can appoint an interim judge to hold office until the next spring election.