Supreme Court Orders

Electronic Data Dissemination

In the Matter of Amendment of Supreme Court Rules: (Proposed) SCR Chapter 75 - Electronic Data Dissemination

Order 96-16

At the public hearing May 6, 1997, on the petition of the Director of State Courts requesting the adoption of rules governing access to and release of electronic database information in the courts, the Hon. Gary L. Carlson, on behalf of the petitioner, submitted a revised petition. Following the public hearing, the court held the matter in abeyance for further consideration, inviting interested persons to comment on the matter. The court has reviewed the comments filed and has determined that a public hearing on the revised petition is advisable.

IT IS ORDERED that a public hearing on the revised petition submitted May 6, 1997, by the Director of State Courts shall be held in the Supreme Court Room in the State Capitol, Madison, Wis., on Jan. 13, 1998, at 1:30 p.m.

IT IS FURTHER ORDERED that the court's conference in the matter shall be held promptly following the public hearing.

IT IS FURTHER ORDERED that notice of the hearing be given by a single publication of a copy of this order and of the revised petition in the official state newspaper and in an official publication of the State Bar of Wisconsin not more than 60 days nor less than 30 days before the date of the hearing.

Dated at Madison, Wis., this 22nd day of September, 1997.

By the court:
Marilyn L. Graves, Clerk

SCR CHAPTER 75
RULES GOVERNING ELECTRONIC DATA DISSEMINATION
FOR THE COURTS OF WISCONSIN

SCR 75.01 Purpose and Scope.

(1) This chapter governs access to and release of electronic court database information and applies to circuit courts, appellate courts and to the director of state courts office. These rules are to be administered in the context of the Wisconsin Open Records Law, which states that:

"[A]ll persons are entitled to the greatest possible information regarding the affairs of government and the official acts of those officers and employees who represent them. Further, providing persons with such information is declared to be an essential function of a representative government and an integral part of the routine duties of officers and employees whose responsibility it is to provide such information."

These rules do, however, distinguish between information about the workings of government and its officials and information the government has on private individuals.

(2) These rules do not apply to:

(a) requests initiated by or with the consent of the chief justice, chief judge of the court of appeals, or the director of state courts to respond to the internal business of the courts;

COMMENT: "Internal business of the courts" includes, but is not limited to, case management and jury management information.

(b) the verbatim record of a court hearing until a certified transcript has been filed with the court.

[No comparable provision]

(Suggested)(c) electronic court database information made available to the public at terminals provided by the courts.

COMMENT: These rules are not intended to impede local access to data that is provided on local, court-provided public access terminal.

(3) Duties and responsibilities of custodians of court records under the Wisconsin Open Records Law have not changed except as specifically noted in this chapter. A custodian of a record may choose to provide information beyond what is required by rule or statute if to do so would advance the mission of the court. Such efforts do not obligate the custodian to similar efforts on subsequent occasions.

(4) Each circuit court and appellate court may promulgate local rules governing the procedures, responsible officials or staff and production, retention, and distribution schedules of electronic database information consistent with these or other supreme court policies or rules.

SCR 75.02 Definitions.

In this chapter:

(1) "Ad hoc report" means a compilation of aggregate or court official-specific data created on a single or non-recurring basis at the direction of the director of state courts, chief judge of a judicial administrative district, district court administrator, clerk of circuit court, chief judge or presiding judge of the court of appeals, chief justice of supreme court, or clerk of supreme court and court of appeals.

(2) "Custodian" means the person responsible for the safekeeping of records held by a court. In the circuit court the clerk of the circuit court is the presumptive custodian. In the appellate court and supreme court the clerk of supreme court and court of appeals is the presumptive custodian. Temporary handling of records is not custodianship.

(3) "New record or report" means any re-ordering, sorting, compilation, or tabulation of existing data not regularly generated through routine reports or previously generated through an ad hoc report. To the extent that a search of electronically stored records is available through public access terminals, the information obtained shall not be considered a new record or report.

(4) "Record" means the electronic representation of court information stored within a computer system that may be generated electronically and transformed into a comprehensible form. This definition incorporates s. 19.32(2), Wis. Stats., as it relates to the electronic representation of court information.

(5) "Routine report" means a compilation of data created on a recurring basis for court use; may be aggregate or court official-specific.

SCR 75.03 Standards.

The following standards shall be adhered to:

(1) Public access is prohibited to records that are closed pursuant to statute, case law, rule, or other authority; or to court records that would personally identify the following:

(a) jurors, whether before or after service;

(b) victims; and

(c) witnesses, unless they have testified in open court.

COMMENT: Because technology makes it feasible to compile numerous electronic database records into a dossier on an individual, this section creates an exception to the Wisconsin Open Records Law for certain court records involving jurors, victims, and witnesses because of the special circumstances of these court participants and their right to privacy. Personally identifiable information includes, but is not limited to, name, address, telephone number, and social security number.

(2) No person may disclose information pertaining to other than their own jurisdiction unless the custodian of the original record has previously disclosed the information or consented to the disclosure.

(3) Requests for copies of information will be granted using only the technology or outside resources deemed necessary by the custodian of the record. If programs exist to permit copying, requests for computer-based information may be granted using only the type, style and format of diskette, tape, or other medium compatible with the court technology and supplied by the court.

COMMENT: The record custodian should disclose information using the medium that is most available to the custodian. Because of security and data integrity concerns, the court record custodian must provide the medium to prevent computer viruses or other technological problems.

(4) A custodian need not provide access to routine reports that are customarily released on a recurrent schedule except according to that schedule.

(5) Someone requesting to view court information on-line shall be granted reasonable use of an available public access terminal during regular office hours.

(6) Unregulated access to a court database by non-court personnel is prohibited. Authorized direct access is provided through public access terminals, data links or other electronic means.

(7) In shared governmental systems, agreements shall be negotiated and signed by the parties relative to what information generated by one party may be disseminated by the other party or parties involved in the data sharing without notice to the originating agency.

COMMENT: Because of an increase in data sharing among governmental agencies, this section mandates that written agreements address what types of shared information can be disclosed to other agencies or to the public.

(8) The director of state courts or other records custodians may enter into agreements with commercial providers of access services to disseminate records that are otherwise open under this chapter. If the agreement would involve connection to equipment owned or provided by the supreme court, the director of state courts shall be notified and must approve the plan before a connection is made.

(Suggested) (8) The director of state courts or other records custodians may enter into nonexclusive agreements with other entities to fulfill an open records request or to disseminate records.

If the agreement would involve connection to equipment owned or provided by the supreme court, the director of state courts shall be notified and must approve the plan before a connection is made.

(Suggested) COMMENT: This provision is not intended to permit a custodian to enter into agreements whereby a commercial provider or other entity becomes the de facto provider of the record in place of or on behalf of the custodian.

SCR 75.04 Procedure.

(1) Except for access provided under agreements under 75.03(7) and (8), requests for records shall be in writing and must include:

(a) information identifying the requester, including the name, telephone number, and address, if any, of where the electronic record is to be sent;

(b) a specific and detailed description of the information requested; and

(Suggested) (1) All written requests for records must include:

(a) information identifying the requester, including the name, telephone number, and address, if any, of where the electronic record is to be sent;

(b) a reasonable description of the information requested; and

(c) the format requested.

COMMENT: The telephone number is specifically requested so that a custodian who needs clarification can telephone the requester. The name and address are specifically requested so that a denial, which must be in writing, can be sent to the requester. "Address" may be an electronic address.

(2) If the request is unclear, or stated in terms inconsistent with the form and manner of data maintained by the custodian, the custodian may request clarification from the requester. If the request remains ambiguous or if accurate retrieval of the information is not possible, the request may be denied. If, according to local rule, certain requests are to be granted or denied by another authority within the jurisdiction, the request form must be forwarded immediately to that authority. Denials shall be in writing to the requester and shall state the reason or reasons for denial as well as contain notice of the right to appeal and the procedures to follow in making the appeal.

[No comparable provision.]

(Suggested) (a) If a records custodian denies a request for a record, the requesting party may appeal the decision in writing within 30 calendar days of the denial to the director of state courts or a designee. The director of state courts or the designee may consult with appropriate authorities and must respond to the appeal within 10 working days. Nothing in this section limits a requester's right, under s. 19.37, Wis. Stats. or any other provision to seek review of a records custodian's decision.

COMMENT: The appeal procedure may be used by requesters seeking review short of bringing a circuit court case.

(3) When presented with a request for information not generated by that custodian, the first choice of a custodian shall be to refer the requester to the presumptive custodian of the record. A custodian cannot, however, refuse access to a record on the basis that the record is available from another source. If access is provided by the secondary custodian, that custodian shall inform the presumptive custodian of the request and the fact that access was granted.

COMMENT: As a matter of courtesy, if a secondary custodian makes an independent determination and grants access, they are to provide notification to the presumptive custodian.

(4) Requests for circuit court information

(a) Request for information concerning a single county. When presented with a request for circuit court information that is generated or stored in a county as well as the director of state courts office, the clerk of circuit court may either provide access or request that the director of state courts office provide access. If the director of state courts office declines the clerk's request, the clerk of circuit court shall maintain the custodial responsibility for determining an appropriate level of access and fees.

COMMENT: The option of allowing the clerk of circuit court to request that the director of state courts office provide access is to accommodate the common occurrence where a requester, seeking statewide circuit court information, makes an individual records request to each clerk of circuit court in the state.

(b) Request for information concerning more than one county. Requests for information concerning more than one county or statewide circuit court information should be directed to the director of state courts office.

(5) Requests for supreme court and court of appeals information. Requests for information concerning the supreme court and court of appeals shall be directed to the clerk of supreme court and court of appeals.

(6) Information shall be provided as soon as practicable and without delay, consistent with the conduct of governmental business. If the record cannot be provided within ten (10) working days, no later than the end of that period the custodian shall respond to the requester in writing explaining the reason for the delay and giving an estimated time of completion.

COMMENT: The ten-day period is consistent with
interpretation of the "reasonable" time frame under the Open Records Law for responding to requests.

(Suggested) (6) Information shall be provided as soon as practicable and without delay, consistent with the conduct of governmental business. [Remainder, including Comment, stricken.]

(7) If a request is made for information on a computer medium, the custodian shall provide the medium.

COMMENT: To address security and data integrity concerns, the court record custodian must provide the medium in order to prevent computer viruses or other technological problems.

(8) Information disseminated in an electronic medium shall be accompanied by a disclaimer regarding certification and accuracy which shall be in substantially the following language:

Disclaimer: The custodian has made a reasonable effort to ensure that data/records are up-to-date, accurate, complete, and comprehensible at the time of disclosure. Authenticated information is only accurate as of the time of authentication. The court is not responsible for data that is misinterpreted or changed by anyone. Tampering with public records is a felony under s. 946.72, Wis. Stats.

COMMENT: The disclaimer reminds requesters of their responsibility to use public records wisely and that any effort to tamper with records could be prosecuted as a crime.

SCR 75.05 Procedure for Requests for Special Programming of New Records or Reports

(1) Requests for special programming to create new records or reports shall comply with all requirements of 75.04(l). Requests related to a circuit court shall be directed to the custodian of the record, who will consult with the director of state courts office. Requests involving multiple jurisdictions or the state as a whole shall be directed to the director of state courts office. Requests involving the supreme court or court of appeals shall be directed to the clerk of supreme court and court of appeals.

(2) In determining whether to grant or deny special programming requests, the following criteria are to considered:

a) availability of data;

b) specificity of the request;

c) potential for infringement of personal privacy;

d) potential for effect on ongoing business;

e) the advantage to the court in providing the information through programming as opposed to manual means.

(Suggested)(2) In determining whether to grant or deny special programming requests, the following criteria are to be considered:

a) availability of data;

b) specificity of the request;

c) potential for infringement of personal privacy;

d) potential for effect on ongoing business; and

e) the relative ease to the custodian of providing the information through programming as opposed to manual means.

COMMENT: The "potential for infringement of personal privacy" criteria acknowledges that the compilation of numerous electronic database records could more adversely affect an individual's privacy than the existence of numerous open paper files that are unlikely to be compiled into a dossier.

SCR 75.06 Uniform Fee Schedule.

(1) A uniform fee schedule is established for circuit and appellate courts and the director of state courts office. Fees are payable to the court or office that provides the record, information, or service at the time the record, information, or service is provided, except that prepayment may be required if the total amount exceeds $5.00 as provided in s. 19.35(3)(f), Wis. Stats.

(2) The fee is a combination of the cost of medium; personnel time; mail or delivery cost; and cost of special programming.

(a) Cost of medium. Copies are made of court records only. The term "copies" includes the original production.

(Suggested)(a) Cost of medium. Copies are made of court records only. The term "copies" includes the original production.

(b) Personnel time. The fee for personnel time to copy an audiotape, videotape, diskette, or compact disk is the actual cost. For other copying, there is no fee for the first 15 minutes of personnel time. The fee for time beyond the first 15 minutes is charged in 15-minute increments for any part thereof. Personnel time is charged at the actual cost, including wages and benefits, for the least expensive employee capable of identifying and providing the record.

(c) Mail or delivery cost. The fee for mailing or delivery is the actual cost and shall include necessary transmittal between courts or offices for which a public or private carrier is used.

(d) Cost for special programming. The fee for special programming will be determined by the custodian of the record on a case-by-case basis after investigation and justification of actual, necessary and direct costs for materials, equipment, staff, mailing or other justifiable location costs or required resources.

(3) Fees may be waived for government agencies or at the discretion of the custodian.

(Suggested)(3) Fees may be waived in whole or in part for government agencies or at the discretion of the custodian.

COMMENT: The fee schedule reflects the variety of media in which copies might be made and the cost of each. The costs for personnel time, mail or delivery costs, and special programming provide more specific guidance to the "actual, necessary, and direct" costs of providing records outlined in the Wisconsin Open Records Law.

SCR 75.06 Review of Rules

(Suggested)SCR 75.07 Review of Rules

The director of state courts or his or her designee shall review the rules under this chapter annually and report to the supreme court any recommendations for their modification.

COMMENT: Because of rapidly evolving technology, it is prudent to have in place a mechanism for regular review and revision of these rules.

Retention of Court Records

In the Matter of Amendment of Supreme Court Rules:
SCR Chapter 72 - Retention of Court Records

Order 97-03

On March 11, 1997, the Director of State Courts, on behalf of the Wisconsin Court Records Management Committee, filed a petition seeking the amendment of the Supreme Court Rules, chapter 72, to provide periods of time for the retention of court records, including those maintained as official or original information on electronic or optical storage systems.

IT IS ORDERED that a public hearing on the petition shall be held in the Supreme Court Room in the State Capitol, Madison, Wis., on Jan. 13, 1998, at 1:30 p.m.

IT IS FURTHER ORDERED that the court's conference in the matter shall be held promptly following the public hearing.

IT IS FURTHER ORDERED that notice of the hearing be given by a single publication of a copy of this order and of the petition in the official state newspaper and in an official publication of the State Bar of Wisconsin not more than 60 days nor less than 30 days before the date of the hearing.
Dated at Madison, Wis., this 22nd day of September, 1997.

By the court:
Marilyn L. Graves, Clerk

Petition

The Director of State Courts for and on the recommendation of the Wisconsin Court Records Management Committee, a committee created by the director to recommend uniform standards and procedures for the effective management of court records, petitions the Court to amend and create the following rules.

Create SCR 72.01 (la) as follows:

SCR 72.01 (1a) Incarcerated Persons Records. Files containing prisoner litigation correspondence, pleadings, etc., usually a habeas corpus or writ of certiorari kept in group files until reviewed by a judge to determine if action can be filed without payment of filing fees and court costs. If action meets filing criteria as a civil action, it becomes a civil case and is retained in accordance with SCR 72.01 (1). If not accepted, retain for 5 years after date of submission.

NOTE: Committee of Chief Judges recommends 5 year retention for purposes of review and research.

Amend SCR 72.01 (6) as follows:

72.01 (6) Lien claims. A statutory lien filed for services performed or materials provided: until satisfaction, expiration or entry of judgment, whichever occurs first., except:

(6a) Construction liens - 2 years from the date of filing the lien claim with the clerk of court if no action is brought and no summons and complaint is filed.

(6b) Condominium liens - 3 years after the date of filing the statement of condominium lien with the clerk of court if no action is brought to foreclose the lien.

NOTE: Wisconsin statutes create a variety of liens that have different time limitations and foreclosure procedures, which generally precludes a uniform retention period. Two of the most commonly filed liens are the construction lien and condominium lien. Per § 779.06(l): No lien under § 779.01 (construction) shall exist and no action to enforce the lien shall be maintained unless within 6 months from the date the labor or materials were furnished a claim is filed with the clerk of court, and unless within 2 years from the date of filing the lien claim an action is brought and a summons and complaint filed. Per § 703.16(4): All assessments, until paid, constitute a lien on the condominium units on which they are assessed if a statement of lien is filed with the clerk of court within 2 years after the assessment was due. Under § 703.16(8), no action may be brought to foreclose a lien unless brought within 3 years following the recording of the statement of condominium lien.

Amend SCR 72.01 (11),(12),(13),(14) as follows:

SCR 72.01(11) Family case files. All papers deposited with the clerk of courts in every proceeding commenced under chapter 767 of the statutes: 50 30 years after entry of judgment of divorce or entry of final order; except after 30 years, any case file for which support or maintenance payments are continuing to be made, 7 years after final payment or after order terminating maintenance is filed.

SCR 72.01(12) Family court record. A history and index of proceedings kept in book or card form: 50 30 years after entry of judgment of divorce or entry of final order; except after 30 years, any court record for which related support or maintenance payments are continuing to be made, 7 years after final payment or after order terminating maintenance is filed.

SCR 72.01(13) Family court minute record. A brief statement of in-court proceedings commenced under chapter 767 of the statutes, generally maintained in the case file: 50 30 years after entry of judgment of divorce or entry of final order; except after 30 years, any court minutes for which related support or maintenance payments are continuing to be made, 7 years after final payment or after order terminating maintenance is filed.

SCR 72.01(14) Family maintenance and support payment records. Record of family maintenance and child support payments received by the clerk of circuit court: 50 30 years after entry of judgment of divorce or entry of final order; except after 30 years, any payment records for which related support or maintenance payments are continuing to be made, 7 years after final payment or after order terminating maintenance is filed.

NOTE: Retention allows 30 years for children to come of age after entry of the judgment of divorce or entry of the final order. The retention allows a minimum of 30 years for maintenance and support payments after entry of judgment of divorce or entry of final order. The retention permits sufficient time for enforcement of a family judgment/order. Information needed after 30 years resulting from the judgment or order exists with other sources: bureau of vital statistics, social security administration, support (KIDS) and adoption agencies, parties to the action, etc. For those very few cases where payments may be continuing beyond 30 years, the record is retained for 7 years after final payment or after the filing of the order terminating maintenance.

Amend SCR 72.01 (15),(16),(17) as follows:

SCR 72.01(15) Felony case files. All papers deposited with the clerk of courts in every proceeding commenced under chapter 968 of the statutes for felony offenses, including commitment of an inmate papers filed under chapter 980: 50 years after entry of final judgment; for Class A felonies, 75 years after entry of final judgment.

SCR 72.01(16) Felony court record. A history and index of criminal proceedings kept in book, or card form, or electronic or optical format, including commitment of an inmate court records: 50 years after entry of final judgment; for Class A felonies, 75 years after final judgment.

SCR 72.01(17) Felony minute record. A brief statement of in-court proceedings in a felony action, generally maintained in the case file, including commitment of an inmate minutes: 50 years after entry of final judgment; for Class A felonies, 75 years after final judgment.

Repeal SCR 72.01 (21),(22),(23):

72.01 (21) Misdemeanor traffic files. All papers deposited with the clerk of circuit court in every proceeding commenced under chapter 968 of the statutes for motor vehicle offenses: 6 years after entry of final judgment.

72.01 (22) Misdemeanor traffic court record. A history and index of proceedings under chapter 968 of the statutes for misdemeanor traffic offenses traffic kept in book or card form: 6 years after entry of final judgment.

72.01 (23) Misdemeanor traffic minute record. A brief statement of in-court proceedings in a misdemeanor traffic action, generally maintained in the case file: 6 years after entry of final judgment.

NOTE: Misdemeanor Traffic records are now included under SCR 72.01(18),(19),(20) -Misdemeanor Case Files, Court Record and Minute Record and retained 20 years like all criminal misdemeanor records (not 6 years). 1993 Wis. Act 317 amended § 342.12(4)(a), § 343.305(10)(b), § 346.65(2w) and other Chap. 343, 346 and 940 statutes, increasing to 10 years (from 5 years) the period for counting prior convictions, refusals and revocations when determining penalties for offenses related to operating a motor vehicle while under the influence of an intoxicant.

Amend SCR 72.01 (24),(24a),(24m) as follows:

72.01 (24) Traffic Forfeiture, conservation forfeiture and ordinance violation case files. All papers deposited with the clerk of circuit court in every proceeding commenced under chapters 29, 30, 48, 66, 125, 167, 343, 345, and 350 and 938 of the statutes: 6 5 years after entry of final judgment.

72.01 (24a) Traffic Forfeiture, conservation forfeiture and ordinance violation court record. A history and index of proceedings kept in book or card form: 6 5 years after entry of final judgment.

72.01 (24m) Traffic forfeiture, conservation forfeiture and ordinance violation minute record. A brief statement of in-court proceedings in a forfeiture or ordinance violation action, generally maintained in the case file: 6 5 years after entry of final judgment.

NOTE: § 351.02, Wis. Stats. defines habitual traffic offenders based on convictions during the previous five years. This can include twelve or more convictions of traffic regulation moving violations within a 5 year period. Conservation violations may have enhanced penalties if they occur within a five year period (§ 29.995, Wis. Stats.). Traffic forfeiture and ordinance violation records are unnecessary after 5 years since final case dispositions are certified to the Department of Transportation (DOT) and the DOT record is retained for over 10 years and is the basis for counting prior convictions. Specifically, § 351.02(l) and (1m) states "any person ... whose record, as maintained by the department shows that the person has accumulated the number of convictions ... committed within a five year period." The Department of Transportation maintains records of traffic convictions, suspensions and revocations. The certified record is prima facie evidence that the person named was duly convicted by the court (§ 351.03). A person denying such facts has the burden of proving the facts were wrong.

Criminal misdemeanor traffic records are under SCR 72.01(18),(19),(20) and are retained for 20 years (not 6 years) like all criminal misdemeanor records. 1993 Wis. Act 317 amended § 342.12(4)(a), § 343.305(10)(b), § 346.65(2w) and other Chap. 343, 346 and 940 statutes, increasing to 10 years (from 5 years) the period for counting prior convictions, refusals and revocations when determining penalties for offenses related to operating a motor vehicle while under the influence of an intoxicant. While the change in the retention period seems minor, the volume of paper records kept statewide is considerable.

Amend SCR 72.01 (41),(43),(44) as follows:

72.01(41) Juvenile delinquency, juveniles in need of protection and services (JIPS) and children in need of protection and services (CHIPS) case files. All papers deposited with the clerk of circuit court, register in probate or clerk of court for juvenile matters in every proceeding commenced under chapters 48 or 938 of the statutes: 10 4 years after 18th birthday of juvenile or child; 8 years after 18th birthday of juvenile or child if adjudicated delinquent for committing an act that would be punishable as a Class A or B felony if committed by an adult.

72.01(43) Juvenile/JIPS/CHIPS court record. A history and index of proceedings under chapters 48 or 938 of the statutes kept in book or card form: 10 4 years after 18th birthday of juvenile or child; 8 years after 18th birthday of juvenile or child if adjudicated delinquent for committing an act that would be punishable as a Class A or B felony if committed by an adult.

72.01(44) Juvenile/JIPS/CHIPS minute record. A brief statement of in-court proceedings commenced under chapters 48 or 938 of the statutes, generally maintained in the case file: 104 years after the 18th birthday of the juvenile or child ; 8 years after 18th birthday of juvenile or child if adjudicated delinquent for committing an act that would be punishable as a Class A or B felony if committed by an adult.

NOTE: Per § 938.35(lm): Dispositions under Chapters 48 and 938 of allegations under § 938.12 or § 938.13(12) shall bar any future proceeding on the same matter in criminal court when the juvenile reaches the age of 17. This does not affect proceedings in criminal court which have been transferred under 938.18.

Per § 938.355(4)(a): Any order made before the juvenile reaches the age of majority shall be effective for a time up to one year after its entry unless the court specifies a shorter time period.

Per § 938.355(4)(b): A judge may make an order under §§ 938.34(4d) and (4m) apply for 2 years or until juvenile turns 18, whichever is earlier. A judge shall make an order under § 938.34(4h) apply for 5 years, if the juvenile is adjudicated delinquent for committing an act that would be punishable as a Class B felony if committed by an adult, or until the juvenile reaches 25 years of age, if the juvenile is adjudicated delinquent for committing an act that would be punishable as a Class A felony if committed by an adult. The 8 year retention for juvenile's adjudicated delinquent for committing an act that would be punishable as a Class A or B felony if committed by an adult would preserve the juvenile record for a minimum of one full year past the 25th birthday.

Amend SCR 72.01 (47) as follows:

72.01 (47) Court reporter notes. Verbatim stenographic ,or shorthand, audio or video notes produced by a court reporter or other verbatim record of in-court proceedings: 10 years after hearing.

NOTE: Clarifies that the 10 year retention of court reporter "verbatim" notes includes audio and video transcripts. Audio and video tape is more susceptible to deterioration over time if not stored properly and also is more "hardware" dependent (example: VHS vs Beta format).

Amend SCR 72.01 (53),(54),(55) as follows:

72.01 (53) Juror questionnaires. A form sent to determine eligibility of prospective jurors: 34 years after panel service.

72.01 (54) Jury array. A list of qualified persons selected by jury commissioners to serve as jurors: 3 4 years after panel service.

72.01 (55) Record of jurors. A record of jurors summoned to serve on juries: 34 years after panel service.

NOTE: Per § 756.28(2) - Effective July 1, 1997, juror eligibility for jury service is extended to four years.

Create SCR 72.01 (63) as follows:

72.01 (63) Coroner inquest records - No retention: per § 979.08(6) after validated and signed by the judge or court commissioner, the record of the inquest is delivered to the district attorney for consideration. The district attorney may deliver the inquest record to the coroner or medical examiner for safekeeping.

NOTE: Per § 979.08(6) - After delivery of a verdict by the inquest jury "any verdict so rendered, after being validated and signed by the judge or court commissioner, together with the record of the inquest, shall be delivered to the district attorney for consideration. After considering the verdict and record, the district attorney may deliver the entire inquest record, or any part thereof, to the coroner or medical examiner for safekeeping."

Amend SCR 72.05 as follows:

SCR 72.05 Retention of court records maintained as official or original information on electronic or optical storage systems. Court records specified in SCR 72.01 and maintained as official or original information on electronic or optical storage systems shall be retained in the custody of the court for the minimum time periods specified in SCR 72.01. The system maintaining the court records shall meet all of the following requirements:

(1) The information retained shall be in ausable legible and accessible format capable of accurately reproducing the originalor of sustaining readability over the time periods specified in SCR 72.01.

(1a) "Accessible" means the information is arranged, identified, indexed and maintained in a manner that permits location and retrieval in a readable format within a reasonable time by use of the proper hardware and software.

(1b) "Authenticity" means being actually and reliably what is claimed and implies the ability to substantiate it.

(1c) "Accurately reproduce" means when displayed on a retrieval device or reproduced on paper, all information exhibits a high degree of legibility and readability.

(1d) "Legible" means when displayed on a retrieval device or reproduced on paper the quality of the letters, numbers or symbols that enables the user to identify them positively and quickly to the exclusion of all other letters, numbers or symbols.

(1e) "Minimum standards" means the minimum base level of technical and/or operational quality necessary to accurately reproduce in an accessible, legible and readable format, over a required period of time, the information captured on the electronic or optical storage system.

(1f) "Readability" means the quality of a group of letters, numbers or symbols being recognized as words or complete numbers or distinct symbols.

NOTE: Reference Department of Administration Adm. Rule 12.03 definitions; Adm. Rule 12.5(3) and § 16.61(7)(a)4; Black's Law and Webster's Dictionary.

(2) Operational and technical procedures shall ensure that protect the authenticity, confidentiality, accuracy , and reliability of the information captured and provide the appropriate level of security are provided to safeguard the integrity of the electronic or optically imaged information.

(2a) Verify the legibility and readability of a statistically significant sampling of electronic or optically imaged records to ensure, to a 99.5% degree of confidence, that the information or images are legible and readable in accordance with SCR 72.05(1d) and 72.05(1f). Original optical images that are not legible or readable, shall be flagged and re-scanned for optimum image enhancement. Illegible images shall contain a scanned notation "best possible image."

(2b) Provide a suitable technical level of security to protect electronic or optical imaged records that are statutorily deemed to be sealed, impounded or confidential and implement procedures to restrict access to only those parties authorized by statute or court order to access such records.

(2c) Provide in good working order the hardware and software needed to retrieve, read and timely reproduce on paper any record retained on electronic or optical storage systems.

(3) Procedures shall be available in place and implemented for the backup, recovery and storage of electronically or optically stored records to protect those records against media destruction or deterioration and information loss.

(3a) Maintain, for disaster recovery purposes, at least one electronically or optically stored backup copy of all automated or optically imaged records and data using accepted computer backup procedures. Store backup copies in a separate location under appropriate environmental storage conditions. Implement a schedule to regularly update or supplement backup copies as a normal part of operations.

(3b) Maintain at least one set of documentation for the electronic or optical systems that produced the automated or optically imaged records for the retention period of those records. Regularly update or supplement such documentation when revisions are made.

(3c) Conduct inspections of a statistically significant sampling of electronic or optically imaged records at least once every 3 years to verify, to a 99.5% degree of confidence, that there has been no degradation of the electronic medium or of image quality.

(4) A media retention and conversion-review schedule shall be established to ensure that electronically or optically stored information is reviewed for data conversion or recertification at least once every 5 3 years or more frequently when necessary to prevent the physical loss of data or technological obsolescence of the medium.

(4a) Transfer and verify off-line electronic data or records stored on optical disk to new media or new optical disk before 50% of the manufacturer's certified useful life of the original media/disk is exceeded. Disk "useful life" is determined by the manufacturer's certified disk playback stability measured in years.

(4b) Records electronically or optically stored that have reached their minimum legal retention period specified in SCR 72.01 that do not have historical or research value may be destroyed. For CCAP (Circuit Court Automation Program) or other electronic court data systems and WORM (Write-Once-Read-Many times) optical disk systems, records should be organized and formatted to permit the off-line disk or optical WORM disk as a whole to be destroyed. For WORM disks, the destruction of the index to the obsolete record is sufficient.

(4c) Court records electronically or optically stored that are expunged by court order as determined under § 973.015 and § 938.355(4m), Wis. Stats., shall be expunged by sealing or otherwise restricting access to the electronic or optical stored record. This includes records stored off-line and on backup media. This may involve the obliteration of the index to the expunged record.

(4d) Protect electronically or optically stored records with "archival" value (historical, or research value) beyond the legal retention periods specified in SCR 72.01 from destruction or media deterioration and transfer such records in a computer industry-accepted standard universal format, along with technical documentation, to the state historical society of Wisconsin.

(5) A written plan shall be provided to the director of state courts for prior approval to ensure compliance with subs. (1) to (4) before a new electronic or optical imaging record system is implemented and before an existing system is enhanced. The plan should also indicate:

(5a) That a feasibility study was conducted and an analysis made of the system's cost and conversion costs compared to ongoing current costs.

(5b) That a data migration plan has been developed for the retention period of those electronically or optically stored records.

(5c) That, if an optical imaging system, the custodian of the record executed a statement of intent and purpose indicating:

(5d) That the statement of intent and purpose was provided to the director of state courts office.

NOTE: The amendments are intended to codify standards for the transfer, capture and storage of court information and/or documents on electronic or optical imaging systems for the required legal retention period. The proposed amendments parallel or are based on Wisconsin Statutes 16.61(5), 16.61(7)(a), 16.61(8)(a), 228.03(l) and (2); Department of Administration Chapter Adm. 12 rules; Rules of Evidence (Chapters 901 to 911, Wis. Stats.) Amendments are also based on standards and guidelines proposed by the National Archives and Records Administration, National Association of Government Archives and Records Administrators and the Association for Information and Image Management. The rule for expunction of electronic or optically imaged records (per §§ 973.015 and 938.355(4m), Wis. Stats.) is based on the proposed Chief Judges' petition on expunction, State vs. Anderson [160 Wis. 2d 435 (Ct. App. 1991) and 130 Wis. 2d 376], DOA Adm Rule 12.08(2) and Black's Law Dictionary definition of expunge.

Dated this 11th day of March, 1997.

For: The Wisconsin Court Records Management Committee

By: J. Denis Moran, Director of State Courts

Judicial Administration

In the matter of the Amendment of Supreme Court Rules: SCR 70.16 - Definitions; SCR 70.21 - Additional Authority of the Chief Judge; SCR 70.28 - Trial Court Services; SCR 70.30 - Additional District Court Administrators; SCR 70.31 - Assistant to the Chief Judge and District Court Administrator; SCR 70.35 - Reserve Judge Eligibility; SCR 32.08 - Reserve Judges; SCR 71.04 - Transcripts

Order 97-04

The court held a public hearing Sept. 9, 1997, on the petition of the Director of State Courts seeking the amendment of numerous Supreme Court Rules of Judicial Administration, including the rules concerning the appointment of district court administrators, reserve judge eligibility, and transcripts of reporters' notes and other records of court proceedings. The court has considered the presentation at the public hearing and the material filed with the court in the matter.

IT IS ORDERED that, effective the date of this order, the Supreme Court Rules are amended as follows.

SECTION 1. 70.16 (2) of the supreme court rules is repealed.

SECTION 2. 70.16 (3) of the supreme court rules is repealed.

SECTION 3. 70.16 (4) of the supreme court rules is amended to read:

70.16 (4) "District court administrator" means a person who is a state employee and qualified to provide administrative and technical assistance as well as to assist the chief judge in carrying out his or her duties and responsibilities .

SECTION 4. 70.l6 (8) of the supreme court rules is amended to read:

70.16 (8) "Technical assistance" means assistance in trial court administration with respect to records management; , caseflow management, court reporting management, jury management, statistical analysis, computerization, grant application, and education of support personnel.

SECTION 5. 70.21 (4) of the supreme court rules is amended to read:

70.21 (4) Section Sections 48.06 (1) (a) 2 : . and 938.06 (1) (a) 2.: policy formulation and supervision of child court center court services related to juvenile matters.

SECTION 6. 70.21 (5) of the supreme court rules is amended to read:

70.21 (5)Section Sections 48.06 (2) and 938.06 (2): approval of circuit judge's policy governing juvenile intake workers.

SECTION 7. 70.21 (6) of the supreme court rules is amended to read:

70.21 (6) Section Sections 48.065 (1) and 938.065 (1): appointment of juvenile court commissioners.

SECTION 8. 70.21 (7) of the supreme court rules is amended to read:

70.21 (7) SectionSections 48.067 (6) and (9) and 938.067 (6) and (9): guidance and assistance of juvenile intake workers.

SECTION 9. 70.21 (8) of the supreme court rules, as affected by 1997 Supreme Court Order 97-02, is repealed.

SECTION 10. 70.21 (8e) of the supreme court rules, as affected by 1997 Supreme Court Order 97-02, is repealed.

SECTION 11. 70.21 (8s) of the supreme court rules is created to read:

70.21 (8s) Sections 48.38 (5) and 938.38 (5): permanency planning review panel involvement.

SECTION 12. 70.21 (9) of the supreme court rules is amended to read:

70.21 (9) Section 59.38 (2) 59.40 (1) (b) : approval of appointment of deputy clerks.

SECTION 13. 70.21 (11) of the supreme court rules is created to read:

70.21 (11) Section 751.025: Court reporting management involvement.

SECTION 14. 70.21 (15m) of the supreme court rules is repealed.

SECTION 15. 70.21 (16) of the supreme court rules is created to read:

70.21 (16) Section 756.001 (5): designation of a circuit judge to supervise the jury system.

SECTION 16. 70.21 (20c) of the supreme court rules is created to read:

70.21 (20c) Section 938.22 (1) (b) and (3) (a): approval of policy and the appointment of a superintendent of secure detention facilities.

SECTION 17. 70.21 (20e) of the supreme court rules is created to read:

70.21 (20e) Sections 938.245 (2) (a) 8. a., 938.32 (1m) (a), 938.34 (2m) (a), 938.342 (1) (f) 1., 938.343 (2m) (a) and 938.344 (2g) (a) 4. a.: approval of teen court programs.

SECTION 18. 70.21 (20m) of the supreme court rules is created to read:

70.21 (20m) Section 938.346 (5): establishment of a procedure for notifying victims of juveniles' acts.

SECTION 19. 70.21 (26) of the supreme court rules is amended to read:

70.21 (26) Sections 48.29 (1m), 345.315 (1m), 799.205 (2), 800.05 (3), 801.58 (2), 938.29 (1m) and 971.20 (8): determination of substitution requests and reassignment of judges.

SECTION 20. 70.28 of the supreme court rules is repealed.

SECTION 21. 70.30 of the supreme court rules is repealed and recreated to read:

70.30 District court administrators; creation.

(1) Judicial administrative districts 1 to 10 shall each employ a district court administrator.

(2) The director of state courts may recommend to the supreme court that assistant district court administrator positions be created in one or more judicial administrative districts.

SECTION 22. 70.31 of the supreme court rules is amended to read:

70.31 District court administrators and assistants to the chief judges shall be appointed by the respective chief judges from a list of candidates supplied by the director of state courts, who is responsible for recruiting for these positions. The chief judge may reject the list and request one additional list of candidates.

SECTION 23. 70.35 of the supreme court rules is repealed and recreated to read:

70.35 Reserve judge eligibility.

(1) To be eligible for appointment as a reserve judge to perform marriages, a person must be eligible under s. 753.075 (2), stats.

(2) To be eligible for appointment as a reserve judge to perform judicial assignments, a person must meet all of the following conditions:

(a) Be eligible under s. 753.075 (2), stats.

(b) Be eligible for appointment under SCR 32.08.

(c) Subject to sub. (3), have in force and on file with the office of the director of state courts a written consent to eligibility for appointment as a reserve judge. The written consent shall be renewed in writing for each successive calendar year and in the form provided under. sub. (5).

(3) If a consent form under sub. (2) (c) is not renewed for a successive calendar year before the end of the calendar year for which it has been filed, the person is not eligible to be a reserve judge until at least 6 months after his or her most recent consent form under sub. (2) (c) expires.

(4) A person may withdraw, in writing, a consent to eligibility for appointment as reserve judge. If a consent is withdrawn, the person may not file a consent form under sub. (2) (c) for six months from the effective date of the withdrawal.

(5) (a) The written consent form for permanent reserve judges shall be in the following form:

"If I am appointed a permanent reserve judge, as that term is defined in section 753.075 of the Wisconsin Statutes, I consent to be bound by all provisions of the Code of Judicial Conduct (Supreme Court Rules chapter 60) from the date of that appointment and until its expiration."

(b) The written consent form for all other reserve judges shall be in the following form:

"In consideration of being eligible for appointment and assignment as a reserve judge during . . . . (year), I consent to be bound for that year by the provisions of the Code of Judicial Conduct (Supreme Court Rules chapter 60) applicable to reserve judges."

SECTION 24. 32.08 (1) of the supreme court rules is amended to read:

32.08 (1) To be eligible for appointment or reappointment as a reserve judge to perform judicial assignments, a person otherwise entitled to appointment shall earn 5 credits during the calendar year immediately preceding appointment or reappointment. The director of state courts shall determine the which judicial education programs for which the may be attended to earn the required 5 credits may be earned. One credit is awarded for each half-day of attendance at programs sponsored or approved by the judicial education committee. Reserve judges are not required to comply with SCR 32.04.

SECTION 25. 71.04 (4) of the supreme court rules is amended to read:

71.04 (4) Reporters' notes or other verbatim record of proceedings under chapters chs.48 and , 767 and 938of the statutes shall be transcribed only upon order of the court.

IT IS FURTHER ORDERED that notice of these amendments of the Supreme Court Rules shall be given by a single publication of a copy of this order in the official state newspaper and in an official publication of the State Bar of Wisconsin.

Dated at Madison, Wis., this 12th day of September, 1997.

By the court:
Marilyn L. Graves, Clerk

Judicial Court Commissioners

In the Matter of the Amendment of Supreme Court Rules: SCR 70.36(5); (proposed) SCR Chapter 76 - Appointment, Performance Evaluation, Continuing Education, Discipline and Decisions of Judicial Court Commissioners

Order 97-10

On Aug. 28, 1997, the Supreme Court's Planning and Policy Advisory Committee filed a petition seeking the amendment of the Supreme Court Rules to provide for the appointment, performance evaluation, continuing education, and discipline of judicial court commissioners. The petition also asks that SCR 70.36 be amended to establish time periods for decisions of court commissioners, a procedure for extending the time for those decisions, and monthly reporting of matters pending decision and sanctions for violations of those provisions.

IT IS ORDERED that a public hearing on the petition shall be held in the Supreme Court Room in the State Capitol, Madison, Wis., on Dec. 16, 1997, at 1:30 p.m.

IT IS FURTHER ORDERED that the court's conference in the matter shall be held promptly following the public hearing.

IT IS FURTHER ORDERED that notice of the hearing be given by a single publication of a copy of this order and of the petition in the official state newspaper and in an official publication of the State Bar of Wisconsin not more than 60 days nor less than 30 days before the date of the hearing.

Dated at Madison, Wis., this 22nd day of September, 1997.

Marilyn L. Graves, Clerk

Petition

The Planning and Policy Advisory Committee, pursuant to its authority and responsibility under SCR 70.14 (4) to advise the Wisconsin Supreme Court regarding the administrative structure of the court system, and to recommend appropriate changes in the administration and methods of operations of all the courts of the state, hereby petitions the Court to adopt the following rules pursuant to SCR Chapter 98 and in the exercise of the Court's administrative authority under art. VII, sec. (3) (1) of the Wisconsin Constitution:

SECTION 1. 70.36 (5) is created to read:

70.36(5)(a) In this subsection, "court commissioner" means a judicial court commissioner or a supplemental court commissioner authorized under SCR 74.02 (2) to perform specific duties under SCR 74.03 on a temporary or occasional basis.

(b) A court commissioner shall not routinely take matters under advisement. Every court commissioner shall decide any matter within 30 days after the matter is submitted for decision. If unable to do so, the court commissioner shall so notify the supervising judge in writing within 5 days prior to the end of the 30-day period. The supervising judge may extend the period for an additional 30 days, or may require that the court commissioner suspend all other assigned activities until the decision is filed.

(c) Within the first 10 days of each month, a court commissioner shall report in writing to the chief judge and/or supervising judge any matters taken under advisement or pending decision during the preceding month. This report shall include the case number and caption, the date submitted for decision and the date any decision was filed.

(d) Violation of this rule is cause for the chief judge to withdraw the judicial court commissioner's authority to act, or appointment, temporarily or permanently. In addition to or in lieu of this discipline, the chief judge may refer the matter to the judicial commission for investigation.

NOTE: 4/23/97 position paper pp. 9-10.

SECTION 2. SCR Chapter 74 is created to read as follows:

SCR CHAPTER 74
JUDICIAL COURT COMMISSIONERS

SCR 74.01 Definition. In this chapter, "judicial court commissioner" or "commissioner" means a court commissioner appointed under SCR 74.02 as an officer of the court to perform limited judicial and quasi-judicial functions under the direction and authority of the chief judge and judges of the circuit. The term includes a supplemental court commissioner appointed by circuit court judges under s. 757.68 (2) only if and to the extent that the commissioner is authorized under SCR 74.02 (2) to perform specific duties under SCR 74.03 on a temporary or occasional basis.

NOTE: 4/23/97 position paper page 1. This chapter applies to judicial court commissioners. But, if a supplemental court commissioner is authorized by the chief judge to perform duties under SCR 74.03 on a temporary or occasional basis, this chapter applies to that court commissioner, too. There are continuing education requirements under SCR 74.05 if the supplemental court commissioner spends 40 or more hours per year on these duties. The performance evaluation and complaint procedures apply to the performance of the authorized duties, however limited.

SCR 74.02 Appointment. (1) The chief judge of a judicial administrative district shall appoint judicial court commissioners within the district, who shall be selected through a process approved by the chief judge and the circuit court judges of the counties in which the commissioner will serve. A judicial court commissioner shall be a member of the state bar in good standing with at least 3 years' legal experience. Selection shall be based upon merit in accordance with generally accepted personnel practices.

(2) The chief judge of a judicial administrative district may by order authorize a supplemental court commissioner appointed under s. 757.68 (2) to perform one or more specific duties under SCR 74.03 on a temporary or occasional basis.

(3) The chief judge of a judicial administrative district may, on application of a judge within the district exercising probate jurisdiction, by order authorize a register in probate to perform the duties of a judicial court commissioner in probate matters.

NOTE: 4/23/97 position paper pages 2-3. Subsection (3) is based on s. 757.72 (5).

SCR 74.03 Duties. The order appointing a judicial court commissioner shall either confer all powers and duties allowed court commissioners by statute, or shall specify duties which the commissioner is authorized to perform, including but not limited to the following:

(1) In cases under ch. 48 or 938:

(a) Exercise the powers of a juvenile court commissioner under s. 48.065.

(b) 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 ss. 48.13, 938.12, 938.13 and 938.18;

(c) Enter into consent decrees and exercise the powers and perform the duties specified in par. (j) or (m), whichever is applicable, in proceedings under s. 813.122 or 813.125 in which the respondent is a child.

(2) In family matters:

(a) Exercise the powers of a family court commissioner under s. 767.13.

(3) In traffic regulation cases and county ordinance cases:

(a) Conduct initial appearances, receive noncontested forfeiture plea;

(b) Order the revocation or suspension of operating privileges and impose monetary penalties according to a schedule adopted by a majority of the judges of the courts of record within the county;

(c) Refer applicable cases to court for enforcement for nonpayment.

(4) In actions under ch. 799:

(a) Conduct return date proceedings and settlement conferences;

(b) Grant and enter default judgments and approve stipulations;

(c) Conduct conferences and hearings with the parties or their attorneys or both on the return dates and adjourned dates, if any;

(d) Issue decisions, which shall become judgments under s. 799.207 (2).

(5) In probate matters:

(a) Exercise the powers of a probate court commissioner under s. 757.72;

(b) Conduct noncontested proceedings;

(c) Hear petitions for commitment and conduct probable cause hearings under ss. 51.20, 51.45 and 55.06(11);

(d) Conduct reviews of guardianships and protective placements and protective services under chs. 55 and 880; advise a person alleged to be mentally ill of his or her rights under the United States and Wisconsin constitutions and, if the person claims or appears to be unable to afford counsel, refer the person to the authority for indigency determinations specified under s. 977.07(l) or, if the person is a child, refer that child to the state public defender who shall appoint counsel for the child without a determination of indigency, as provided in s. 48.23 (4).

(6) Hold hearings, make findings and issue temporary restraining orders under ss. 813.122 and 813.125.

(7) In criminal matters:

(a) Direct a case to the proper court if the defendant wishes to enter a plea after intelligent waiver of rights;

(b) Issue summonses, arrest warrants or search warrants and conduct initial appearances of persons arrested and set bail; determine probable cause to detain arrested persons pending initial appearance;

(c) Conduct initial appearances; inform defendants in accordance with s. 970.02(l) and (6); refer defendants who appear or claim to be indigent for indigency determinations specified under s. 977.07(l);

(d) Conduct preliminary examinations and arraignments and, with the consent of both the state and the defendant, accept guilty or no contest pleas;

(e) Conduct restitution hearings under s. 973.20 (13) (c) 4.

(8) Conduct inquests under ch. 979.

(9) Issue warrants and capiases for those who do not appear as summoned.

(10) Try questions of fact requiring the examination of accounts, and report upon specific issues of fact involved therein, upon referral by the circuit court.

(11) Try questions of fact arising other than upon the pleadings, upon referral from the circuit court.

(12) Prepare proposed findings of fact and conclusions of law pertaining to default mortgage and land contract foreclosures and mechanics liens, upon referral.

(13) Issue subpoenas and attachments or other process to compel the attendance of witnesses, administer oaths and affidavits, take depositions and testimony when authorized by law or rule or order, and certify and report the depositions and testimony.

(14) Issue the following writs returnable before a judge at a time set by the judge or the judge's clerk: habeas corpus; certiorari; ne exeat and alternative writs of mandamus.

(15) Supervise accountings subsequent to a sale of land under ch. 75.

(16) Issue subpoenas returnable before a judge on behalf of the Wisconsin department of justice for antitrust violations under s. 133.11 (1) or violations of ss. 563.02 to 563.80 under s. 563.71 (1).

(17) Investigate and dispose of unclaimed property under ss. 171.04 to 171.06.

(18) Except as provided in s. 767.13 (5) (c), conduct a paternity proceeding according to the procedures set out in ch. 767.

(19) Conduct pretrial conferences, dismissal calendar proceedings, statutory name changes, minor settlement approvals under the amount specified in s. 807.10 (3), and uncontested mortgage foreclosures.

NOTE: Based on s. 757.69, Wis. Stats., this rule requires that the order appointing a judicial court commissioner either confer all powers allowed by statute, or enumerate specific duties to be performed. The list of possible duties is intended to be suggestive, not exhaustive. It deliberately excludes the powers to officiate at marriage ceremonies and to conduct supplementary hearings on the present financial status of a debtor and exercise powers under ss. 816.04, 816.08 and 816.11. This chapter does not apply to those activities, nor do they cause continuing education requirements to obtain.

SCR 74.04 Performance evaluation. (1) The director of state courts shall establish a standard procedure for the regular evaluation of the job performance of judicial court commissioners, which shall include minimum performance standards for commissioners to be certified as qualified.

(2) The chief judge shall appoint a supervising judge for each judicial court commissioner. The supervising judge shall annually evaluate the performance of the commissioners under his or her supervision, communicate responsibilities and performance objectives, and recommend to the chief judge whether the commissioner should be certified as qualified to continue in that capacity in the succeeding year. The supervising judge's recommendation shall be supported by reasons and shall include findings regarding the following:

(a) Whether the court commissioner has met or exceeded the minimum performance standards under sub. (1);

(b) Whether the commissioner is subject to any disciplinary order which forbids the commissioner to act in a quasi-judicial capacity, or is subject to removal or suspension.

(c) Whether the commissioner has complied with SCR 70.36 (5) and 74.05, including attendance at specific education recommended by the chief judge.

(3) The chief judge shall, upon considering the recommendation of the supervising judge, certify each commissioner as qualified to act in that capacity or deny such certification. The chief judge shall not certify as qualified any commissioner unless affirmative findings have been made under (2) (a) and (c) and a negative finding has been made under sub. (2) (b).

NOTE: 4/23/97 position paper pp. 4-5. Unless the commissioner has met minimum performance standards, complied with rules relating to education and prompt decision-making and is not subject to 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, civic or consumer groups to assist the supervising judge in the evaluation process. Under 74.01, this section applies to supplementary court commissioners if they are authorized to perform duties under SCR 74.03 on a temporary or occasional basis.

SCR 74.05 Continuing education. (1) A judicial court commissioner shall maintain and improve his or her professional competence by participating in programs of continuing education designed for judicial court commissioners and by participating in local orientation programs which may include mentoring by circuit court judges.

(2) A judicial court commissioner shall earn 60 education credits each period of 6 years by participating in continuing education programs. A commissioner shall earn no fewer than 10, nor more than 30 credits, every two years. A full-time judicial court commissioner shall earn credits only by participating in continuing education programs approved by the judicial education committee. A judicial court commissioner not employed full-time in that capacity may earn up to 40 of the required 60 credits by participating in continuing legal education programs approved by the board of bar examiners.

(3) A supplemental court commissioner authorized under SCR 74.02 (2) to perform specified duties under SCR 74.03 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.

NOTE: 4/23/97 position paper pp. 6-7. 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 74.06 Complaints, discipline. (1) A person may file a complaint regarding the conduct of a judicial court commissioner with the chief judge of the judicial administrative district. The chief judge or 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 judicial court commissioner as provided in this rule.

(2) The chief judge of each judicial administrative district is responsible for disciplining judicial court commissioners with respect to their quasi-judicial activities, and for determining the severity of the discipline, including removal. The chief judge shall consider information and recommendations from the supervising judge or judges when making these determinations.

NOTE: 4/23/97 position paper pp. 5 and 8.

SCR 74.07 Local court rules.

(1) Circuit court judges may establish:

(a) Rules and standards clarifying the authority of judicial court commissioners in particular types of cases; and

(b) Guidelines for decision-making by judicial court commissioners.

(2) All local rules shall be adopted under s. 753.35 (2). Local rules, standards and guidelines under this rule shall be consistent with statutes and supreme court rules, and shall be approved by the chief judge of the judicial administrative district.

NOTE: 4/23/97 position paper pp. 7-8.

Wisconsin Lawyer