Wis. Stat. » CHAPTER 757 — GENERAL PROVISIONS CONCERNING COURTS OF RECORD,
Wisconsin Statutes

Wis. Stat. § 757.02 (2026)

Justices and judges and municipal judges; oath of office; ineligibility to other office; salary; conservators of peace

✓ current as of July 2026
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757.02757.02 Justices and judges and municipal judges; oath of office; ineligibility to other office; salary; conservators of peace.
757.02(1)(1) Every person elected or appointed justice of the supreme court, judge of the court of appeals, judge of the circuit court or municipal judge, shall take, subscribe and file the following oath:
State of Wisconsin,
County of ....
I, the undersigned, who have been elected (or appointed) to the office of ...., but have not yet entered upon the duties thereof, do solemnly swear that I will support the constitution of the United States and the constitution of the state of Wisconsin; that I will administer justice without respect to persons and will faithfully and impartially discharge the duties of said office to the best of my ability. So help me God.
.... (Signature)
Subscribed and sworn to before me this .... day of ...., .... (year)
.... (Signature)
757.02(2)(2) The judge of any court of record in this state shall be ineligible to hold any office of public trust, except a judicial office, during the term for which he or she was elected or appointed.
757.02(3)(3) The judges of such courts shall be conservators of the peace, and have power to administer oaths and take the acknowledgments of deeds and other written instruments throughout the state.
757.02(5)(5) Except for retired judges appointed under s. 753.075, each supreme court justice, court of appeals judge and circuit court judge included under ch. 40 shall accrue sick leave at the rate established under s. 230.35 (2) for the purpose of credits under s. 40.05 (4) (b) and for premium payment determinations under s. 40.05 (4) and (5).
757.02 HistoryHistory: 1977 c. 187 s. 96; 1977 c. 305 s. 64; 1977 c. 418, 449; Stats. 1977 s. 757.02; 1979 c. 32; 1981 c. 96, 353; 1987 a. 83; 1989 a. 355; 1997 a. 250.
757.02 AnnotationThe period of time constituting the “term for which elected” is set when a judge or justice is elected and is thereafter unalterable by means of resignation. Wagner v. Milwaukee County Election Commission, 2003 WI 103, 263 Wis. 2d 709, 666 N.W.2d 816, 02-0375.
Notes of Decisions
Cited in 16 cases (7 in the last 5 years), 1984–2024 · leading case: Wagner v. Milwaukee Cnty. Election Comm'n, 2003 WI 103 (Wis. 2003).
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Wagner v. Milwaukee Cnty. Election Comm'n, 2003 WI 103 (Wis. 2003). · cites it 10× “Although this early legislation does not allow much insight into the intent of the provision, we find it important that, similar to the constitution, the phrase "during the term for which elected" has remained in the statutes through a variety of alterations, during which the…”
State v. Shillcutt, 350 N.W.2d 686 (Wis. 1984). · cites it 2× “See judge's oath of office, sec. 757.02(1), Stats. 1981-82. This case, like After Hour, presents an opportunity to keep that promise.”
Rebecca Clarke v. Wisconsin Elections Comm'n, 2023 WI 79 (Wis. 2023). · cites it 4× “Also in an underhanded and unprecedented manner, these four members of the court met in secret, before the court term began, conniving and then implementing a plan to eliminate the court of its longstanding See Wis. Const. art. VII, § 10(1) ("No .”
In Re Jud. Disciplinary Proceedings Against Aulik, 429 N.W.2d 759 (Wis. 1988). “” Sec. 757.02, Stats. Judge Aulik violated that oath.”
State v. Courtney C. Brown, 2020 WI 63 (Wis. 2020). · cites it 2× “¶41 The odious outcomes of decisions grounded in social science or majoritarian beliefs should cause jurists to recoil 5 Wis. Stat. § 757.02 . 4 No. 2017AP774-CR.”
WCRIS v. Janel Heinrich, 2021 WI 58 (Wis. 2021). · cites it 2× “" Wis. Stat. § 757.02 (1). In fulfilling its sworn duty, "[t]he judiciary cannot, as the legislature may, avoid a measure because it approaches the confines of the constitution.”
In the Matter of Jud. Disciplinary Proceedings Against Stern, 589 N.W.2d 407 (Wis. 1999). · cites it 2× “" Wis. Stat. § 757.02 (2) provides: "The judge of any court of record in this state shall be ineligible to hold any office of public trust, except a judicial office, during the term for which he or she was elected or appointed.”
Milwaukee Branch of the N.A.A.C.P. v. Thompson, 935 F. Supp. 1419 (E.D. Wis. 1996). · cites it 2× “Wis.Stat. § 757.02. As a result of the special characteristics of judicial elections, a number of factors, in addition to those identified in the Senate Report, have been considered by courts when analysing the totality of the circumstances.”
Matter of Complaint Against Van Susteren, 348 N.W.2d 579 (Wis. 1984). “” 4 Sec. 757.02(1), Stats., prescribes the oath every judge in the State of Wisconsin is required to take, subscribe and file: “I, the undersigned, who have been elected (or appointed) to the office of -, but have not yet entered upon the duties thereof, do solemnly swear that I…”
Rebecca Clarke v. Wisconsin Elections Comm'n, 2023 WI 79 (Wis. 2023). · cites it 4× “Also in an underhanded and unprecedented manner, these four members of the court met in secret, before the court term began, conniving and then implementing a plan to eliminate the court of its longstanding See Wis. Const. art.”
Rebecca Clarke v. Wisconsin Elections Comm'n, 2023 WI 66 (Wis. 2023). · cites it 2× “3 See Wis. Stat. § 757.02 (1) (2021-22) (setting forth the oath 1 of office for judges and justices).”
State v. Courtney C. Brown, 2020 WI 63 (Wis. 2020). · cites it 2× “¶41 The odious outcomes of decisions grounded in social science or majoritarian beliefs should cause jurists to recoil 5 Wis. Stat. § 757.02 . 4 No. 2017AP774-CR.”
Show all 16 citing cases →
— Wis. Stat. § 757.02(1) — 6 cases
State v. Shillcutt, 350 N.W.2d 686 (Wis. 1984). “See judge's oath of office, sec. 757.02(1), Stats. 1981-82. This case, like After Hour, presents an opportunity to keep that promise.”
Rebecca Clarke v. Wisconsin Elections Comm'n, 2023 WI 79 (Wis. 2023). “Also in an underhanded and unprecedented manner, these four members of the court met in secret, before the court term began, conniving and then implementing a plan to eliminate the court of its longstanding See Wis. Const. art. VII, § 10(1) ("No .”
Matter of Complaint Against Van Susteren, 348 N.W.2d 579 (Wis. 1984). “” 4 Sec. 757.02(1), Stats., prescribes the oath every judge in the State of Wisconsin is required to take, subscribe and file: “I, the undersigned, who have been elected (or appointed) to the office of -, but have not yet entered upon the duties thereof, do solemnly swear that I…”
Rebecca Clarke v. Wisconsin Elections Comm'n, 2023 WI 79 (Wis. 2023). “Also in an underhanded and unprecedented manner, these four members of the court met in secret, before the court term began, conniving and then implementing a plan to eliminate the court of its longstanding See Wis. Const. art.”
State v. James Allen Nichols (Wis. Ct. App. 2024).
— Wis. Stat. § 757.02(2) — 1 case
Wagner v. Milwaukee Cnty. Election Comm'n, 2003 WI 103 (Wis. 2003). “Although this early legislation does not allow much insight into the intent of the provision, we find it important that, similar to the constitution, the phrase "during the term for which elected" has remained in the statutes through a variety of alterations, during which the…”
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