Law-related Education: Wisconsin Circuit Courts

The Circuit Courts of Wisconsin

Article VII of the Wisconsin Constitution as amended in April 1977 creates the circuit court as a single level, unified trial court with original jurisdiction in all civil and criminal matters within the state.

The state's 241 circuit court judges sit in circuits which, under the state Constitution, are to be as compact and convenient as practicable and bound by county lines. With the exception of six counties that are paired together, each county constitutes one circuit comprised of one or more branches. The six paired counties are Buffalo/Pepin, Florence/ Forest, and Shawano/Menominee. The first two pairs are each staffed by a single judge who travels between the courthouses. Menominee County is a federal reservation and both judges for this circuit are located in Shawano. Of the remaining circuits, 27 have a single judge and the largest circuit is Milwaukee County with 47 judges.

Circuit judges are elected to six-year terms in non-partisan spring elections. Vacancies are filled by gubernatorial appointment and the appointee is required to stand for election to a full six-year term the next spring.

Organization of the Circuit Courts into Districts
The state's 72 counties are grouped into 10 judicial administrative districts. Districts range in size and geography from District One, consisting of only Milwaukee County with its 47 judges, to District Ten with 23 judges in 13 counties covering 12,633 square miles.

In each district there is a chief judge appointed by the Supreme Court. The chief judge, who may serve up to three consecutive two-year terms, supervises and directs the administration of the district. In carrying out these duties, the chief judge is charged by Supreme Court rule to cooperate with the director of state courts.

Each chief judge appoints a deputy chief judge to act in the event of his or her absence or unavailability. A professional district court administrator and a court management assistant, both employees of the director of state courts and permanently located in the district, assist the chief judge. The chief judges meet monthly as a committee, as do the district court administrators. Clerks of circuit court are independently elected, constitutional officers who work in close cooperation with the chief judges, district court administrators and central staff of the Director of State Courts Office. The clerks provide management and administrative leadership in each circuit and are indispensable to the effective functioning of Wisconsin's circuit courts.

Funding for the Circuit Courts
The circuit courts are funded with a combination of state and county money. State funds are used to pay the salaries of the judges, official court reporters and reserve judges (retired judges who are assigned to hear cases when the need arises). The state also funds travel and training for the judges. By law, the counties are responsible for all other operating costs except those enumerated by statute. For those exceptions, which include among other things the costs of providing guardians ad litem (court-appointed attorneys), court-appointed witnesses, interpreters and jurors, the state provides assistance in the form of statutory formula grants. In 1999, state funds expended on the circuit courts totaled just over $70.4 million while the counties contributed $92.8 million.

Workload of the Circuit Courts
The state's judges and court staff are busy. In 1998, 389,876 contested cases were filed in the trial courts. An additional 608,452 uncontested cases were disposed.

In contested matters, the circuit courts' caseload consists of the following: 34 percent criminal cases, 26 percent civil cases (including family), 8 percent delinquency and CHIPS (Children in need of protection and/or services) cases, 10 percent probate cases and 22 percent forfeiture cases.

Court System Management
The state Constitution designates the chief justice of the state Supreme Court as the administrative head of the judicial system. The chief justice exercises his or her administrative authority pursuant to procedures adopted by the Supreme Court.

The Supreme Court has established the Director of State Courts Office. The director is hired by and serves at the pleasure of the Supreme Court under the direction of the chief justice. The director, as the chief non-judicial officer of the court system, has responsibility for the overall management of the judicial system.

The director and central staff work with the chief judges, district court administrators, clerks of court, registers in probate, juvenile court clerks and others to continually assess the management of the trial courts, relay and implement Supreme Court policies and assist in policy development. The chief judges and district court administrators, with the participation of central staff where appropriate or needed, meet regularly with the circuit judges, clerks of circuit court and others at district meetings to identify issues, resolve problems and suggest initiatives for the improvement of the court system.

Recent Circuit Court Initiatives
In the ongoing effort to improve the level of service that the trial courts offer to Wisconsin's citizens, initiatives are continually undertaken at the state, district and circuit levels. These can be of a permanent or experimental nature depending on the issue addressed. Some recent examples include:

Weighted Caseload Study - In January 1996, the director of state courts in association with the National Center for State Courts conducted a study and issued a report on Wisconsin's weighted caseload system for measuring the need for additional judgeships. This system is considered the most effective overall method of measuring judicial workload. The report updated case and event weights that had not been adjusted since 1980.

The revised measurement tool resulting from the study improves system management by increasing the quality and quantity of data supporting it and establishing a process for keeping the weights current over time. The implementation of the new system allows for more accurate tracking of the changing demands on the circuit courts and enables the courts to project the number of judges that will be needed in each circuit with greater precision than in the past. Based on the most recent study, six counties (Milwaukee, Jefferson, Fond du Lac, La Crosse, Lincoln and Marathon) were granted an additional judgeship beginning in 1999 as part of the Judgeship Bill signed in April 1998. Oconto County gained one judge as a result of other legislation, taking effect in 1998 and Waupaca County gained one judge as a result of legislation taking effect in 2000.
Jury Standards - On July 1, 1997, important changes in the state's jury system took effect in response to a petition brought by the chief judges and district court administrators. The Supreme Court, by rule, adopted the American Bar Association (ABA) standards relating to juror use and management. These rules reduce the length of jury service, lengthen the time between required service and virtually eliminate excuses from service. In recognition of its jury reforms, the Wisconsin court system won an award from the American Bar Association. For more information, see the report titled Jury Service in Wisconsin available at the Supreme Court or by calling (608) 266-1298.
Judicial Exchange Program - In an effort to promote a more complete under-standing of the practices, procedures and problems at the trial and appellate levels, circuit judges and Court of Appeals judges have engaged in a pilot exchange program in certain areas of the state. This pilot project, called the Judicial Exchange Program, was encouraged by the chief justice and affected by assignments pursuant to her constitutional authority.

Evaluations indicate that the project, which has been tried in both the District III Court of Appeals (headquartered in Wausau) and the District IV Court of Appeals (headquartered in Madison) accomplished its primary objectives. The project has now become a permanent program.
Volunteer Summer Law Student Internship Program - In 1997, the Supreme Court began the Volunteer Summer Law Student Internship Program, matching law student volunteers with circuit and Court of Appeals judges during the summer months. The goal was to provide the judges with much needed research assistance and the students with a unique learning opportunity. In the program's first year, it placed 47 students from 25 law schools with 68 judges from 30 counties around the state. In 1998, 40 students (out of 100 applicants) from 26 law schools worked with 55 judges from 21 counties. In 1999, 38 students worked with 43 Wisconsin judges. In 2000, 29 students are assisting 36 Wisconsin judges in 15 counties.
Court Reporter Pool Project - In September 1996, Milwaukee County implemented a pilot court reporter pool system which now has been made a permanent component of the management scheme in District One. Under the program, a managing reporter supervisors the pool of court reporters. This approach, a first for the state, provides increased efficiency and higher levels of both responsiveness and accountability by allowing work to be more evenly distributed among the available reporters. The former system paired court reporters with specific judges. The program has reduced backlogs, Court of Appeals extension requests and failure-to-file notices.
Videoconferencing Manual - In June 1999, the Statewide Videoconferencing Committee, composed of justice system professionals, county and state officials, and technology advisors, released Bridging the Distance: Implementing Videoconferencing in Wisconsin. This standards of good practice manual presents information that can help counties understand the technology and its applications and ensure that the rights of potential videoconferencing users are protected. A joint project of the Court's Planning and Policy Advisory Committee and the Wisconsin Counties Association, the manual contains general information about videoconferencing technology, how it can be used, whom to involve in planning, and recommended technology guidelines. In addition, the manual discusses specific design issues associated with implementing this technology in the justice system.

Links

Circuit Courts - http://www.wicourts.gov/about/organization/circuit/

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