Wisconsin Statutes

Wis. Stat. § 751.03 (2026)

Assignment of judges

✓ current as of July 2026

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751.03751.03 Assignment of judges.

751.03(1)(1) The chief justice of the supreme court may assign any active supreme court justice, court of appeals judge or circuit judge to serve temporarily as a judge of the court of appeals or any circuit court to aid in the proper disposition of business in that court. The chief justice of the supreme court may designate and assign reserve judges under s. 753.075 to serve temporarily in the court of appeals or the circuit court for any county. While acting under a temporary assignment, an active or reserve justice or judge may exercise all the authority of the court to which he or she is assigned.

751.03(2)(2) The chief justice of the supreme court may exercise the authority under sub. (1) in regard to municipal courts for the purpose of:

751.03(2)(a)(a) Assigning a case in which a change of judge is requested under s. 757.19 (5) or is required under s. 800.05 to another municipal judge or, if none is available, transferring the case to circuit court.

751.03(2)(b)(b) Assigning cases in municipal court in which a municipal judge is incompetent, unable or fails to act, to another municipal judge, former municipal judge or former circuit judge. A judge to whom cases are so assigned may serve until the chief justice determines that the incompetency, inability or failure ceases, or until the term of the municipal judge expires or the vacancy is permanently filled under s. 8.50 (4) (fm), whichever occurs first. If no judge is available, the chief justice may transfer a case from municipal court to circuit court.

751.03(3)(3) The chief judge of any judicial administrative district may assign any circuit judge within the district to serve in any circuit court within the district.

751.03(4)(4)

751.03(4)(a)(a) If a judge before whom a reported proceeding has commenced is unable to proceed, the judge to whom the case is assigned may proceed with it upon certifying familiarity with the record and determining that proceedings in the case may be completed without prejudice to the parties. Otherwise the judge assigned may grant a new trial or rehearing.

751.03(4)(b)(b) If a judge before whom an action or proceeding has been tried is unable to proceed after a verdict is returned or findings of fact and conclusions of law are filed, the judge to whom the case is assigned may proceed with it unless satisfied that the duties cannot be performed without prejudice to the parties, in which event a new trial may be granted.

751.03(5)(5) Any assignment referred to in this section or SCR 70.23 may be requested or ordered by telephone to minimize disruption of court calendars and inconvenience to parties and witnesses.

751.03 HistoryHistory: 1971 c. 46; 1977 c. 29, 135; 1977 c. 187 s. 84; 1977 c. 305, 447, 449; Stats. 1977 s. 751.03; 1979 c. 32 s. 92 (17); Sup. Ct. Order, 123 Wis. 2d xxi (1985); 1985 a. 304; Sup. Ct. Order, 141 Wis. 2d xiii (1987); Sup. Ct. Order, 146 Wis. 2d xxxiii (1988).

751.03 NoteJudicial Council Note, 1985: Sub. (4), modeled on proposed Rule 63, F.R.C.P., provides a procedure to be followed when the presiding judge dies, becomes disabled, or is otherwise unable to proceed, either during trial or after the verdict or findings and conclusions have been filed. It provides an efficient mechanism for completing these cases without violating due process, preventing unnecessary expense and delay. [Re Order effective July 1, 1985]

751.03 NoteJudicial Council Note, 1988: Sub. (5) allows judicial assignments to be requested and made by telephone. [Re Order effective Jan. 1, 1988]

751.03 NoteJudicial Council Note, 1988: Sub. (4) (a) is amended to extend its application to reported proceedings in addition to trials. The intent is to allow recourse to this provision for preliminary examinations, hearings in actions under chs. 48, 51, 55, 880, motion hearings and other proceedings. [Re Order effective Jan. 1, 1989]

751.03 AnnotationNothing in the grant of authority under sub. (3) says anything about a method, process, or mechanism by which a chief judge may assign a case, let alone the method by which the chief judge must assign a case. Thus, sub. (3) permits a chief judge to develop and adopt methods for assigning substitute judges that do not involve personal involvement of the chief judge in each assignment. In this case, a substitute judge was assigned by using an e-mail volunteer system, under which an e-mail was sent to the other judges and the first responding available judge was assigned to the case. The e-mail volunteer system used to assign a substitute judge did not violate sub. (3) or s. 801.58. Petitioner v. Evans, 2018 WI App 53, 383 Wis. 2d 669, 917 N.W.2d 218, 17-2297.

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 1981–2023 · leading case: State v. Jesse L. Herrmann, 2015 WI 84 (Wis. 2015).

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State v. Jesse L. Herrmann, 2015 WI 84 (Wis. 2015). · cites it 2× “§ 751.03(1). However, a supreme court justice who recuses himself or herself from a case cannot be replaced.”

City of Milwaukee v. Wroten, 466 N.W.2d 861 (Wis. 1991). · cites it 2× “The chief justice, under sec. 751.03, Stats. (Rule), may exercise assignment authority over municipal judges and assignment of cases in municipal courts in the following instances: While acting under a temporary assignment, an active or reserve justice or judge may exercise all…”

Driehaus v. Walworth Cnty., 2009 WI App 63 (Wis. Ct. App. 2009). · cites it 2× “If the request is found to be timely and in proper form, the judge named in the request has no further jurisdiction and the clerk shall request the assignment of another judge under [ Wis. Stat. § 751.03 ]. ¶ 30. Driehaus argues that he never received actual notice that the…”

In Matter of Civil Contempt of Kroll, 304 N.W.2d 175 (Wis. Ct. App. 1981). · cites it 2× “, does not apply in this case, and we remand to the trial court with directions that it disqualify itself and promptly request assignment of another judge under sec. 751.03, Stats., as provided by sec. 801.”

Gegan v. Backwinkel, 417 N.W.2d 44 (Wis. Ct. App. 1987). · cites it 2× “It is but one part of a procedure under which the chief justice is empowered to assign active or reserve judges to serve in courts around the state "to aid in the proper disposition of business _” Sec. 751.03(1), Stats. Where such an assignment is made in midtrial, the assigned…”

State Ex Rel. Oman v. Hunkins, 352 N.W.2d 220 (Wis. Ct. App. 1984). “She also seeks a writ of mandamus against Waukesha county clerk of courts, Virginia Hunkins, and deputy clerk, Judith Bralich, to compel them to request the assignment of a substitution of judge pursuant to sec. 751.03, Stats. The underlying divorce matter was appealed to this…”

v. Evans, 917 N.W.2d 218 (Wis. Ct. App. 2018). · cites it 7× “§ 751.03(3) provides that the "chief judge of any judicial administrative district may assign any circuit judge within the district to *674 serve in any circuit court within the district.”

Threlfall v. Town of Muscoda, 448 N.W.2d 274 (Wis. Ct. App. 1989). “The clerk of courts must request assignment of another judge under sec. 751.03, Stats. By the Court. — Judgment reversed and cause remanded for further proceedings consistent with this opinion.”

Columbia Cnty. DH&HS v. K. D. K. (Wis. Ct. App. 2023). · cites it 3× “§ 751.03 and SCR 70.23. K.D.K. pointed out that the record did not contain an application for a judicial assignment form, which would have been signed by a court official, the chief judge, or the district court administrator.”

Waukesha Cnty. v. C.M.M. (Wis. Ct. App. 2023). “§ 751.03(3) provides, “any circuit judge within the district” may be assigned “to serve in any circuit court within the district.”

— Wis. Stat. § 751.03(1) — 3 cases

State v. Jesse L. Herrmann, 2015 WI 84 (Wis. 2015). “§ 751.03(1). However, a supreme court justice who recuses himself or herself from a case cannot be replaced.”

Gegan v. Backwinkel, 417 N.W.2d 44 (Wis. Ct. App. 1987). “It is but one part of a procedure under which the chief justice is empowered to assign active or reserve judges to serve in courts around the state "to aid in the proper disposition of business _” Sec. 751.03(1), Stats. Where such an assignment is made in midtrial, the assigned…”

Columbia Cnty. DH&HS v. K. D. K. (Wis. Ct. App. 2023). “§ 751.03 and SCR 70.23. K.D.K. pointed out that the record did not contain an application for a judicial assignment form, which would have been signed by a court official, the chief judge, or the district court administrator.”

— Wis. Stat. § 751.03(3) — 2 cases

v. Evans, 917 N.W.2d 218 (Wis. Ct. App. 2018). “§ 751.03(3) provides that the "chief judge of any judicial administrative district may assign any circuit judge within the district to *674 serve in any circuit court within the district.”

Waukesha Cnty. v. C.M.M. (Wis. Ct. App. 2023). “§ 751.03(3) provides, “any circuit judge within the district” may be assigned “to serve in any circuit court within the district.”

— Wis. Stat. § 751.03(4)(b) — 1 case

— Wis. Stat. § 751.03(5) — 1 case

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