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

Wis. Stat. § 757.68 (2026)

Circuit court commissioners

✓ current as of July 2026
Find cases: SyfertCases citing this section WI-LEGdocs.legis.wisconsin.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
757.68757.68 Circuit court commissioners.
757.68(1)(1) Subject to subs. (2m) to (5m), in every county organized for judicial purposes, the county board shall establish the number of circuit court commissioner positions necessary for the efficient administration of judicial business within the circuit courts of the county. The circuit court commissioners may be employed on a full-time or part-time basis. SCR chapter 75 shall govern the qualifications for, and appointment, supervision, training, evaluation, and discipline of, circuit court commissioners. Any person qualified and acting as a judicial court commissioner on August 1, 1978, shall be considered a circuit court commissioner and shall continue in the classified county civil service but any person appointed as a court commissioner after August 1, 1978, shall be in the unclassified civil service. Each circuit court commissioner shall take and file the official oath in the office of the clerk of the circuit court of the county for which appointed before performing any duty of the office.
757.68(2m)(2m) 
757.68(2m)(a)(a) Counties other than Milwaukee.
757.68(2m)(a)1.1. ‘Appointment.’ In each county, except in a county having a population of 750,000 or more, the chief judge of the judicial administrative district shall, by order filed in the office of the clerk of the circuit court on or before the first Monday of July of each year, appoint a circuit court commissioner to supervise the office of family court commissioner for the county.
757.68(2m)(a)2.2. ‘Powers; civil service; oath; temporary appointment; assistants.’ The circuit court commissioner appointed to supervise the office of family court commissioner is in addition to the maximum number of circuit court commissioners permitted by sub. (1). The circuit court commissioner supervising the office of family court commissioner, or any circuit court commissioner assisting in family matters, may be placed under a county civil service system by resolution of the county board.
757.68(2m)(b)(b) Milwaukee County. In counties having a population of 750,000 or more, there is created in the classified civil service a circuit court commissioner position to supervise the office of family court commissioner and such additional circuit court commissioner positions as the county board shall determine and authorize. Circuit court commissioners shall be appointed to these positions by the chief judge of the judicial administrative district under SCR 75.02 (1).
757.68(3m)(3m) The board of supervisors of any county may establish one or more circuit court commissioner positions on a part-time or full-time basis to assist in matters affecting juveniles. A circuit court commissioner under this subsection shall serve at the discretion of the chief judge.
757.68(4m)(4m) In counties having a population of 750,000 or more, there is created in the classified civil service a circuit court commissioner position to supervise the office of probate court commissioner and to assist the court in probate matters. In counties having a population of at least 100,000 but not more than 750,000, the county board may create a circuit court commissioner position to supervise the office of probate court commissioner and to assist in probate matters. That position may be in the classified civil service. If the chief judge delegates that authority to a judge assigned to probate jurisdiction, that judge may assign to the circuit court commissioner any matters over which the judge has jurisdiction, and the circuit court commissioner may determine such matters and may sign any order or certificate required by that determination.
757.68(5m)(5m) In counties having a population of 750,000 or more, the county board shall establish at least one circuit court commissioner position on a full-time basis to assist in small claims matters under ch. 799. In counties having a population of less than 750,000, the county board may establish one or more circuit court commissioner positions on a part-time or full-time basis to assist in small claims matters under ch. 799.
757.68(6)(6) The county board shall set the salary of persons appointed as circuit court commissioners. The county board shall furnish circuit court commissioners with necessary office space, furnishings, supplies, and services.
757.68(7)(7) The chief judge of the judicial administrative district may assign law clerks, bailiffs, and deputies to a circuit court commissioner. The chief judge shall supervise those law clerks, bailiffs, and deputies assigned to the court, except that the chief judge may delegate that authority.
757.68(8)(8) Each circuit court commissioner shall participate in programs of continuing circuit court commissioner education required by the supreme court. The supreme court shall charge a fee for the costs of the continuing education programs required under this subsection. All moneys collected under this subsection shall be credited to the appropriation account under s. 20.680 (2) (ga).
757.68 HistoryHistory: 1973 c. 278; 1975 c. 39; 1975 c. 94 s. 3; 1975 c. 199; 1975 c. 430 s. 80; 1977 c. 187 s. 96; 1977 c. 323 ss. 7, 11; 1977 c. 345; 1977 c. 418 ss. 751, 752; 1977 c. 447 ss. 192 to 195; 1977 c. 449; Stats. 1977 s. 757.68; 1979 c. 32 s. 92 (16); 1981 c. 317 ss. 85pg, 2202; 1987 a. 151, 208; 2001 a. 61 ss. 10, 84 to 92, 113, 168, 170; 2001 a. 105 s. 73; 2009 a. 180; 2017 a. 207 s. 5.
Notes of Decisions
Cited in 15 cases (4 in the last 5 years), 1982–2025 · leading case: Thompson v. Cnty. of Rock, 648 F. Supp. 861 (W.D. Wis. 1986).
Sort: Relevance Newest Treatment
Thompson v. Cnty. of Rock, 648 F. Supp. 861 (W.D. Wis. 1986). · cites it 15× “Rock County proposed as conclusions of law that Wisconsin circuit court judges are state officers and not county officers, and that Wis. Stat. §§ 757.68 and 757.69 authorize circuit judges to appoint court commissioners to handle court business.”
State Ex Rel. McCaffrey v. Shanks, 369 N.W.2d 743 (Wis. Ct. App. 1985). · cites it 4× “*234 Section 757.68 (2), Stats., provides in part: The appointing judge may remove, at will and without cause, any court commissioner appointed by the judge or the judge’s predecessor in office.”
State v. Loney, 328 N.W.2d 872 (Wis. Ct. App. 1982). · cites it 3× “The appointing order refers only to sec. 757.68, Stats. It does not purport to delegate the power to issue search warrants.”
Radmer v. Edell, 395 N.W.2d 629 (Wis. Ct. App. 1986). · cites it 4× “3 Section 757.68(1) (b), Stats., states, in part: In counties having a population of 100,000 or more but less than 500,000, the county board may establish one or more part-time or full-time court commissioner positions under par.”
Ann Marie Jahimiak v. David Ralph Jahimiak, 2024 WI App 5 (Wis. Ct. App. 2023). · cites it 3× “§§ 757.68(1) and 757.69(1), which have not been changed by Act 205 and which create the court commissioner role within Wisconsin’s circuit courts.”
O'Neill v. Indiana Comm'n on Pub. Records, 149 F. Supp. 2d 582 (S.D. Ind. 2001). “10; see also Wis. Stat. § 757.68 . The Seventh Circuit, accepting that Gregory would control the application of the Elrod test, nevertheless concluded that the position was not excluded because it was subject to state civil service laws.”
Nehls v. Nehls, 2012 WI App 85 (Wis. Ct. App. 2012). · cites it 2× “The legislature identified certain areas in which a court commissioner could be used to increase efficiency while still affording the safeguard of circuit court review of all decisions, upon motion, and a de novo hearing in contested matters.”
Dane Cnty. v. C.M.B., 478 N.W.2d 385 (Wis. 1992). · cites it 2× “Section 757.68(1)(a). Furthermore, the statutes indicate that'a circuit court judge has the discretion to delegate authority to court commissioners allowing them to preside over hearings.”
In Matter of Mental Condition of CMB, 478 N.W.2d 385 (Wis. 1992). · cites it 2× “Section 757.68(1)(a). Furthermore, the statutes indicate that a circuit court judge has the discretion to delegate authority to court commissioners allowing them to preside over hearings.”
State v. Keith C. Henyard, 2020 WI App 51 (Wis. Ct. App. 2020). “§ 757.68(1) provides that Supreme Court Rules govern court commissioners, and SCR 60.”
Lewis v. Hoppe (E.D. Wis. 2020). · cites it 2× “July 27, 2009) (citing Wis. Stat. § 757.68 , Wis. S. Ct. R. 75.02, and Crenshaw v.”
House v. Racine Cnty. (E.D. Wis. 2024). · cites it 2× “5, 2007) (citing Wis. Stat. § 757.68 (authorizing appointment of court commissioners) and Wis.”
Show all 15 citing cases →
— Wis. Stat. § 757.68(1) — 4 cases
Thompson v. Cnty. of Rock, 648 F. Supp. 861 (W.D. Wis. 1986). “Rock County proposed as conclusions of law that Wisconsin circuit court judges are state officers and not county officers, and that Wis. Stat. §§ 757.68 and 757.69 authorize circuit judges to appoint court commissioners to handle court business.”
Ann Marie Jahimiak v. David Ralph Jahimiak, 2024 WI App 5 (Wis. Ct. App. 2023). “§§ 757.68(1) and 757.69(1), which have not been changed by Act 205 and which create the court commissioner role within Wisconsin’s circuit courts.”
Radmer v. Edell, 395 N.W.2d 629 (Wis. Ct. App. 1986). “3 Section 757.68(1) (b), Stats., states, in part: In counties having a population of 100,000 or more but less than 500,000, the county board may establish one or more part-time or full-time court commissioner positions under par.”
State v. Keith C. Henyard, 2020 WI App 51 (Wis. Ct. App. 2020). “§ 757.68(1) provides that Supreme Court Rules govern court commissioners, and SCR 60.”
— Wis. Stat. § 757.68(1)(a) — 2 cases
Dane Cnty. v. C.M.B., 478 N.W.2d 385 (Wis. 1992). “Section 757.68(1)(a). Furthermore, the statutes indicate that'a circuit court judge has the discretion to delegate authority to court commissioners allowing them to preside over hearings.”
In Matter of Mental Condition of CMB, 478 N.W.2d 385 (Wis. 1992). “Section 757.68(1)(a). Furthermore, the statutes indicate that a circuit court judge has the discretion to delegate authority to court commissioners allowing them to preside over hearings.”
— Wis. Stat. § 757.68(2) — 3 cases
State Ex Rel. McCaffrey v. Shanks, 369 N.W.2d 743 (Wis. Ct. App. 1985). “*234 Section 757.68 (2), Stats., provides in part: The appointing judge may remove, at will and without cause, any court commissioner appointed by the judge or the judge’s predecessor in office.”
Thompson v. Cnty. of Rock, 648 F. Supp. 861 (W.D. Wis. 1986). “Rock County proposed as conclusions of law that Wisconsin circuit court judges are state officers and not county officers, and that Wis. Stat. §§ 757.68 and 757.69 authorize circuit judges to appoint court commissioners to handle court business.”
Radmer v. Edell, 395 N.W.2d 629 (Wis. Ct. App. 1986). “3 Section 757.68(1) (b), Stats., states, in part: In counties having a population of 100,000 or more but less than 500,000, the county board may establish one or more part-time or full-time court commissioner positions under par.”
— Wis. Stat. § 757.68(l)(b) — 1 case
Thompson v. Cnty. of Rock, 648 F. Supp. 861 (W.D. Wis. 1986). “Rock County proposed as conclusions of law that Wisconsin circuit court judges are state officers and not county officers, and that Wis. Stat. §§ 757.68 and 757.69 authorize circuit judges to appoint court commissioners to handle court business.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.