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Order Appointing-Authorizing Circuit Court Commissioner GF-146 - Wisconsin

Order Appointing-Authorizing Circuit Court Commissioner Form. This is a Wisconsin form and can be used in General Circuit Court Statewide .
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FORM SUMMARY Name of Form: Form Number: Statutory Reference: Order Appointing/Authorizing Circuit Court Commissioner GF-146 SCR 75; Ch. 48, §§19.01, 757.675, 757.68, 757.69, 767.471, Ch. 785 and 938, Wisconsin Statutes. SCO 97-10. To appoint or authorize circuit court commissioners and supervisor of the office of the family court commissioner. Chief Judge making the appointment or authorization. Original to clerk of court, chief judge who makes appointment, district court administrator, circuit court judge appointed as supervisor, court commissioner, register in probate/probate registrar (if applicable), juvenile clerk (if applicable), small claims clerk (if applicable), and any other court official affected by the circuit court commissioner's powers. Oath of office for circuit court commissioners appointed under SCR 75.02(1). Modification, last update 08/08. 2009 WI Act 79, the circuit court commissioner powers under 12 month 6 month §757.69(1)(g)5, Wisconsin Statutes include Permanency Plan reviews for CHIPS, JIPS, TPR and Delinquency. Purpose of Form: Who Completes It: Distribution of Form: Accompanying Forms: New Form/Modification: Modifications: Comments: If judges want court commissioners to do the newly authorized duties, new appointment forms must be prepared and forward to their chief judge for appointment/approval. RMC believes the basic intent of the Supreme Court in creating SCR 75 and the Legislature in codifying the rule in §757.675, 757.68 & 757.69 was to: · Define a "circuit court commissioner" to include" · Persons appointed by the chief judge as a "circuit court commissioner" under SCR 75.02(1); and, · Persons appointed by a circuit court judge (whether part or full time) as a "supplemental court commissioner" under §757.675, Wisconsin Statues, and who have been authorized by the chief judge under SCR 75.02(3) to perform additional specific duties. · Place the appointment and/or authorization of duties for all circuit court commissioners with the chief judge. · Require supervision and recertification of all circuit court commissioners. · Limit the duties of a "supplemental court commissioner" appointed solely by a circuit court judge with no additional authorization from the chief judge to perform only those judicial and quasi-judicial duties in §757.675, Wisconsin Statutes. · Impose continuing education requirements on all circuit court Date: 04/15/2010 Page 1 American LegalNet, Inc. www.FormsWorkFlow.com commissioners appointed under SCR 75.02(1) and on those supplemental court commissioners authorized under SCR 75.02(3) whose performance of authorized duties during the calendar year requires 40 or more hours. · Eliminate the ceremonial and honorary appointments (to conduct weddings or supplemental proceedings, among other duties spelled out in §757.675, Wisconsin Statutes), from chief judge appointment or authorization. Paragraphs 1 and 3 are self explanatory. Some comments about 2, 4 and 5 are appropriate. Paragraph 2 establishes a time frame during which the circuit court commissioner can act. Although a similar line was on the prior version of the form, the rule now requires annual evaluation and "recertification." RMC believes this means reappointment or reauthorization of all circuit court commissioners on an annual basis. In the past, when appointments were made by the circuit court judge, many court commissioners were simply appointed once during a judge's term and/or tenure on the bench. Such a procedure would seem to be, if not disallowed completely now, certainly not favored. Paragraph 4 allows two choices in the authorization of powers: · To authorize all the powers and duties authorized by statute and approved by the Supreme Court; or, · To authorize only specific powers and duties authorized by statute and approved by the Supreme Court. (If this second checkbox is used, the appointing chief judge must indicate the specific powers being granted.) Finally, there is only one signature block at the end of the form for the chief judge. SCR 75.02(1) requires that the selection process for a circuit court commissioner be by merit. The rule requires the process to be approved by the chief judge and the circuit court judges of the county(s) in which the commissioners will serve. RMC believes it unnecessary to include in the order any specific reference to the selection process or a "recommendation" from a circuit judge. About this Form: This form is the product of the Wisconsin Records Management Committee, a committee of the Director of State Court's Office and a mandate of the Wisconsin Judicial Conference. If you have additional information that does not change the meaning of the form, attach it on a separate page. The form itself shall not be altered. Date: 04/15/2010 Page 2 American LegalNet, Inc. www.FormsWorkFlow.com For Official Use STATE OF WISCONSIN, CIRCUIT COURT, COUNTY IN THE MATTER OF THE APPOINTMENT/AUTHORIZATION OF: as Circuit Court Commissioner Order Appointing/Authorizing Circuit Court Commissioner State Bar No.: IT IS ORDERED: 1. The above-named person is appointed a circuit court commissioner for the above-named county under SCR 75.02(1). This person must be an attorney with at least 3 years of legal experience. authorized under SCR 75.02(3), as a supplemental court commissioner for the above-named county, to perform specific duties as set forth below on a temporary or occasional basis. This person must: · be an attorney, with at least 3 years of legal experience, AND · have been appointed a supplemental court commissioner under §757.675(1) Wis. Stats. appointed to supervise the office of family court commissioner for the county under §757.68 (2m) (a) 1, or (b), Wis. Stats. 2. This appointment/authorization shall be from (Date) commence on (Date) to (Date) and be subject to annual recertification. ; OR 3. The Honorable is/are appointed supervising judge(s) for the circuit court commissioner and shall · communicate responsibilities and performance objectives, AND · conduct annual written evaluations, AND · submit annual written recertification recommendations. 4. This circuit court commissioner shall have all the powers and duties specified in "a" through "i" below, which are authorized by SCO 97-10. have only the following specific duties (check all boxes that apply in "a" through "i"), which are authorized by SCO 97-10. a. When assigned to assist a court in juvenile matters: the powers of a circuit court commissioner under §757.69
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