Wisconsin circuit courts
The Wisconsin circuit courts are the general trial courts in the U.S. state of Wisconsin. There are currently 261 judicial seats and 69 circuits in the state circuit court system, with circuit boundaries largely matching county boundaries. The 69 circuits are divided into 9 judicial administrative districts. Circuit court judges hear and decide both civil and criminal cases.
Each circuit court judge is elected for a six-year term; there is no term limit or mandatory retirement age for Wisconsin circuit court judges. Judicial vacancies are filled by gubernatorial appointment without any need for legislative confirmation; appointed judges serve a temporary term that expires after the next spring election. The circuit court judiciary is also supplemented by retired reserve judges, who often fill in for vacancies, illnesses, or when the caseload necessitates additional resources; reserve judges are appointed and assigned at the sole discretion of the Chief Justice of the Wisconsin Supreme Court.
Structure of the circuit courts
The circuit court system is composed of 69 circuits, with 66 circuits serving a single county, and three circuits serving two counties each. Buffalo and Pepin counties share a circuit, as do Florence and Forest counties. Shawano County shares its circuit with Menominee County, which is coterminous with the Menominee Indian Reservation and was formerly part of Shawano County itself. 26 circuit courts are served by a single judge. For those circuits with more than one judge, each is elected to a particular seat, or "branch" within the court. The Milwaukee County Circuit Court has the greatest number of branches with 47.The circuit courts are organized into 9 geographical administrative districts. Within each district the Wisconsin Supreme Court will appoint a chief judge, a deputy chief judge, and a professional district court administrator. 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, equalize the flow of cases, establish court policies and rules, and supervise the finances of the courts they administer. They also work closely with county boards on security, facility, and staffing issues. The chief judges and district court administration meet regularly with the director of state courts to discuss current issues and to advise the Supreme court and the director on matters of statewide concern.
In 2017, Wisconsin's Supreme Court created a new business court, the Commercial Docket Pilot Project, located in the Waukesha County Circuit Court and the Eighth Judicial Administrative District. On April 1, 2019, the Supreme Court expanded the Commercial Docket's geographic jurisdiction to encompass the entire state. In 2020, the Supreme Court issued an Order adding the Dane County Circuit Court as a location for a pilot project business court. The Supreme Court issued an Order on June 29, 2022, extending the pilot project to July 30, 2024. While Wisconsin still has the remnant of a business court as of October 2024, by a 4–3 vote its Supreme Court issued an order on October 7, 2024, ending the assignment of new cases to the commercial court pilot project, first established by that court in April 2017.
Jurisdiction
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.The geographic limitations of the circuit court's authority are referred to as "personal jurisdiction." In a civil case, the requirements for personal jurisdiction are governed by chapter 801.05 of the Wisconsin Statutes. Generally speaking, a defendant must either be present in the state, or have sufficient contacts with the state, and the pleadings must have been properly served on the defendant. Personal jurisdiction requirements in a civil case are driven by policy considerations, such as fairness to the defendant, comity, and principals of federalism.
The circuit court has personal jurisdiction over a defendant in a criminal case if the defendant violates a Wisconsin law while physically present in Wisconsin. Wisconsin courts also have personal jurisdiction over a defendant who commits an act while out of state that contributes to a crime, the consequences of which occur in Wisconsin.
Limits on exercise of power to decide cases
There are, however, limits on what cases the circuit courts will hear. They will not hear a case if the parties lack standing, or if the case is moot or is not ripe. Additionally, the circuit court will not hear a case in which it lacks competency. State law distinguishes between the court's jurisdiction and its competency. A court lacks competency if certain statutory requirements are not satisfied, for example, time limits for filing suit, or requirements as to which circuit should decide a case.In addition, the courts are constrained from taking action that will encroach on the powers of the legislative or executive branches. Under the separation of powers doctrine, no branch of government may exercise a power of government assigned exclusively to another branch. The purpose of separating powers among the branches of government is to avoid concentration of governmental power in the hands of a few and to give the various branches the ability to check actions by the other branches.
In reviewing the validity of state laws, the courts are limited to determining whether the law violates any provision of the constitution. 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. However, a court may not invalidate a law because the court finds that the legislature's method for addressing a problem was not the most efficient. Nor may the court substitute its determination of what is in the public interest for the determination of the legislature.
While the separation of powers doctrine limits the ability of the courts to act, it also protects the courts from encroachment by the legislature of governor. The Wisconsin Supreme Court established its judicial power in the three-branch system soon after Wisconsin became a state by deciding Bashford v. Barstow, an election case that resulted in the ouster of an incumbent governor.
Commencing a civil case
Civil cases start the same way regardless of the issues or parties involved and regardless of whether the case ultimately goes to trial. A case begins with pleadings, in which the parties state basic claims and responses. The parties then have an opportunity to investigate the claims and gather evidence through a process called discovery. The court generally has little direct involvement in a case until shortly before trial, though the court is available to resolve preliminary matters and disputes.Pleadings
The plaintiff starts a civil case by filing a summons, and generally a complaint, with the clerk of circuit court and paying a filing fee. A summons provides notice that a suit has been filed against the defendant and notification that the defendant must answer the complaint. The complaint sets forth the plaintiff's allegations against the defendant. It must contain a short and plain statement of the plaintiff's claim, identify the events out of which the claim arises, and demand relief to satisfy the plaintiff's claim. The plaintiff must serve an authenticated copy of the summons and complaint on the defendant. The favored method for serving the defendant is to personally hand a copy of the summons. Alternatively, the server may hand the summons to another responsible adult at the defendant's residence or, in some cases, it is sufficient for the plaintiff to publish the summons in a newspaper and send it to the defendant's address. Any adult who is not a party to the lawsuit may serve the summons. The person who serves the summons must sign the summons at the time of service and note the date, time, place, and manner of service and upon whom the summons is served. The plaintiff then files proof of service with the court.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. Statutes of limitation differ according to the type of suit. For example, a suit for breach of a sales contract must be commenced within six years; a suit for medical malpractice must be commenced within three years of the injury or within one year of discovery of the injury; and a suit to collect child support must be commenced within 20 years after the youngest child for whom support is due turns 18.
The defendant responds to the plaintiff's allegations in a document called an answer. The defendant admits or denies an allegation or state they do not know if the allegation is true, in which case the allegation is taken as denied. The defendant may also raise affirmative defenses, 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. The defendant may also file a counterclaim against the plaintiff, or a cross-claim against a fellow defendant.
The complaint and the answer together constitute the "pleadings" in a case. The purpose of the pleadings is to provide notice of the claims and defenses. The issues of the case generally are not narrowed until later in the proceedings.