Wisconsin Statutes
Wis. Stat. § 757.69 (2026)
Powers and duties of circuit court commissioners
✓ current as of July 2026
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757.69(1)(a)(a) Direct a case to the proper court if the defendant wishes to enter a plea after intelligent waiver of rights.
757.69(1)(b)(b) In criminal matters issue summonses, arrest warrants or search warrants, determine probable cause to support a warrantless arrest, conduct initial appearances of persons arrested, set bail, inform the defendant in accordance with s. 970.02 (1), refer the person to the authority for indigency determinations specified under s. 977.07 (1), conduct the preliminary examination and arraignment, and, with the consent of both the state and the defendant, accept a guilty plea. If a court refers a disputed restitution issue under s. 973.20 (13) (c) 4., the circuit court commissioner shall conduct the hearing on the matter in accordance with s. 973.20 (13) (c) 4.
757.69(1)(bn)(bn) In matters involving a civil violation of s. 346.63 or of a local ordinance that conforms with s. 346.63, issue search warrants.
757.69(1)(c)(c) Conduct initial appearances in traffic cases and county ordinance cases, in traffic regulation cases and county ordinance cases receive noncontested forfeiture pleas, order the revocation or suspension of operating privileges and impose monetary penalties according to a schedule adopted by a majority of the judges of the courts of record within the county, and refer applicable cases to court for enforcement for nonpayment.
757.69(1)(d)(d) In small claims actions, conduct initial return appearance and conciliation conferences.
757.69(1)(g)2.2. Order the release or detention of children or expectant mothers of unborn children taken into custody.
757.69(1)(g)5.5. Conduct uncontested proceedings under s. 48.13, 48.133, 48.9795, 938.12, 938.13, or 938.18.
757.69(1)(g)7.7. Exercise the powers and perform the duties specified in par. (j) or (m), whichever is applicable, in proceedings under s. 813.122 or 813.125 in which the respondent is a child.
757.69(1)(g)8.8. Conduct hearings under s. 48.21, 48.217, 938.21, or 938.217 and thereafter order a child or juvenile held in or released from custody.
757.69(1)(g)9.9. Conduct hearings under s. 48.213 or 48.217 and thereafter order an adult expectant mother of an unborn child to be held in or released from custody.
757.69(1)(g)14.14. Conduct permanency reviews under s. 48.38 (5) or 938.38 (5) and permanency hearings under s. 48.38 (5m) or 938.38 (5m).
757.69(1)(g)15.15. Conduct emergency in-home to out-of-home changes in placement hearings under s. 48.357 (2) (b) or 938.357 (2) (b).
757.69(1)(h)(h) Hear petitions for commitment and conduct probable cause hearings under ss. 51.20, 51.45, 55.13, and 55.135, conduct reviews of guardianships under ch. 54 and reviews of protective placements and protective services under ch. 55, advise a person alleged to be mentally ill of his or her rights under the United States and Wisconsin constitutions, and, if the person claims or appears to be unable to afford counsel, refer the person to the authority for indigency determinations specified under s. 977.07 (1) or, if the person is a child, refer that child to the state public defender who shall appoint counsel for the child without a determination of indigency, as provided in s. 48.23 (4).
757.69(1)(j)(j) Hold hearings, make findings and issue temporary restraining orders under s. 813.122 or 813.123.
757.69(1)(k)(k) Administer oaths, take, certify, and report depositions and testimony, take and certify acknowledgments, allow accounts, and fix the amount and approve the sufficiency of bonds.
757.69(1)(m)(m) Hold hearings, make findings, and issue temporary restraining orders and injunctions under s. 813.12 or 813.125.
757.69(1)(p)1.1. Preside at any hearing held to determine whether a judgment of divorce or legal separation shall be granted if both parties to a divorce action state that the marriage is irretrievably broken, or if both parties to a legal separation action state that the marital relationship is broken, and that all material issues, including but not limited to division of property or estate, legal custody, physical placement, child support, spousal maintenance and family support, are resolved. A court commissioner may also preside at any hearing held to determine whether a judgment of divorce or legal separation shall be granted if one party does not participate in the action for divorce or legal separation. A circuit court commissioner may grant and enter judgment in any action over which he or she presides under this subdivision unless the judgment modifies an agreement between the parties on material issues. If the circuit court commissioner does not approve an agreement between the parties on material issues, the action shall be certified to the court for trial.
757.69(1)(p)2.2. Conduct hearings and enter judgments in actions for enforcement of, or revision of judgment for, maintenance, custody, physical placement or visitation.
757.69(1)(p)3.3. Except when prohibited by the chief judge of the judicial administrative district, conduct hearings and enter orders and judgments in actions to establish paternity, in actions to establish or enforce a child support or a family support obligation and in actions to revise orders or judgments for child support or family support.
757.69(1m)(1m) Circuit court commissioners assigned to assist a court in juvenile matters shall sit at the children’s court center, the usual court facility for juvenile matters, or such other facility designated by the chief judge of the judicial administrative district. Those commissioners may not do any of the following:
757.69(1m)(a)(a) Conduct fact-finding or dispositional hearings except on petitions or citations under s. 938.125 and except as provided in sub. (1) (g) 5.
757.69(1m)(b)(b) Make dispositions other than approving consent decrees, ordering compliance with deferred prosecution agreements and ordering dispositions in uncontested proceedings under s. 48.13, 48.133, 938.12, or 938.13.
757.69(1m)(d)(d) Make changes in placements of children, of juveniles, or of the expectant mothers of unborn children, or revisions or extensions of dispositional orders, except pursuant to petitions or citations under s. 938.125, in uncontested proceedings under s. 48.13, 48.133, 938.12, or 938.13, or as permitted under sub. (1) (g) 6., 8., 9., and 15.
757.69(1m)(e)(e) Conduct hearings, make findings, or issue orders in proceedings under s. 48.977 or 48.978.
757.69(2)(a)(a) The trial of an issue of fact requires the examination of an account, in which case the circuit court commissioner may be directed to report upon any specific question of fact involved therein.
757.69(2)(b)(b) The taking of an account is necessary for the information of the court before judgment or for carrying a judgment or order into effect.
757.69(2)(d)(d) Proposed findings of fact and conclusions of law are to be prepared pertaining to default mortgage and land contract foreclosures and mechanics liens.
757.69(2m)(2m) Circuit court commissioners may exercise, under their own authority, all of the powers listed under s. 757.675 (2) to (5).
757.69(2t)(2t) A circuit court commissioner shall cooperate with the county and the department to ensure that all dependent children receive reasonable and necessary child support.
757.69(8)(8) Any decision of a circuit court commissioner shall be reviewed by the judge of the branch of court to which the case has been assigned, upon motion of any party. Any determination, order, or ruling by a circuit court commissioner may be certified to the branch of court to which the case has been assigned, upon a motion of any party for a hearing de novo.
757.69 HistoryHistory: 1977 c. 323, 449; 1979 c. 32; 1979 c. 89; 1979 c. 209 s. 4; 1979 c. 352, 356; 1983 a. 279; 1985 a. 126, 202, 234, 332; 1987 a. 3, 27, 71, 378, 398; 1989 a. 7, 12, 31, 246; Sup. Ct. Order, 158 Wis. 2d xxv (1990); 1991 a. 39, 269; 1993 a. 318, 451, 481; 1995 a. 77; 1997 a. 191, 192, 292; 1999 a. 32; 2001 a. 16; 2001 a. 61 ss. 93 to 109, 173, 175, 177, 180; 2001 a. 105; 2005 a. 264, 387; 2007 a. 45, 179; 2009 a. 79; 2011 a. 181; 2015 a. 373; 2017 a. 117; 2019 a. 109; 2021 a. 169.
757.69 AnnotationSection 970.04 specifically limits the availability of a second preliminary examination in a criminal matter and precludes a request for a de novo hearing under the more general sub. (8). State v. Gillespie, 2005 WI App 35, 278 Wis. 2d 630, 693 N.W.2d 320, 04-1758.
757.69 AnnotationA party who requests a hearing de novo under sub. (8) is entitled to a hearing that includes testimony from the parties and their witnesses. Stuligross v. Stuligross, 2009 WI App 25, 316 Wis. 2d 344, 763 N.W.2d 241, 08-0311.
757.69 AnnotationThe issuance of a search warrant is not an exercise of the “judicial power,” as that phrase is employed in article VII, section 2, of the Wisconsin Constitution. Instead, issuance of a valid search warrant requires that the individual be authorized by law to issue the warrant, that the individual be neutral and detached, and that the warrant be issued only upon a showing of probable cause. Sub. (1) (b) does not impermissibly intrude upon the “judicial power” granted to the courts by article VII, section 2 and is constitutional. State v. Williams, 2012 WI 59, 341 Wis. 2d 191, 814 N.W.2d 460, 10-1551.
757.69 AnnotationThe provision in sub. (8) for a circuit court to conduct a “hearing de novo” on review of a court commissioner’s order presupposes that the court commissioner has conducted a hearing. A de novo hearing is a new hearing of a matter, conducted as if the original hearing had not taken place. Thus, a local rule precluding a new hearing upon stipulation or default does nothing more than expressly advise as to the practical consequences of consenting to a court commissioner’s order. Nehls v. Nehls, 2012 WI App 85, 343 Wis. 2d 499, 819 N.W.2d 335, 11-2330.
Notes of Decisions
Cited in 44
cases (8 in the last 5 years), 1981–2026 · leading case: State v. Williams, 2012 WI 59 (Wis. 2012).
State v. Williams, 2012 WI 59 (Wis. 2012). “Under Wis. Stat. § 757.69 (1)(b) (2007-08), 1 circuit court commissioners are granted specific statutory authority to issue search warrants.”
Marriage of Stuligross v. Stuligross, 2009 WI App 25 (Wis. Ct. App. 2008). “Alternatively, he argues that if he is not entitled to a de novo hearing, then the order should nonetheless be reversed because of other errors.”
State v. Myron C. Dillard, 2014 WI 123 (Wis. 2014). “§ 757.69 (stating the powers of court commissioners).”
State v. Gillespie, 2005 WI App 35 (Wis. 2005). “Gillespie was bound over for trial following a preliminary hearing held before a court commissioner pursuant to Wis. Stat. § 757.69 (l)(b). He then sought a "preliminary hearing de novo" in the circuit court on the felony charge.”
Thompson v. Cnty. of Rock, 648 F. Supp. 861 (W.D. Wis. 1986). “Court commissioners may be empowered to perform any or all of the functions listed in Wis.Stat. § 757.69, which provides in relevant part: (1) On authority delegated by a judge .”
State v. Campbell, 2006 WI 99 (Wis. 2006). “See Wis. Stat. § 757.69 (8). If he had fully pursued the de novo hearing, he would have received a decision, and he could have sought an appeal of an adverse determination.”
Nehls v. Nehls, 2012 WI App 85 (Wis. Ct. App. 2012). “Dale argues that Wis. Stat. § 757.69 (8) (2009-10) 2 affords him the option of a de novo hearing despite a Fond du Lac county local court rule barring the de novo review of FCC orders entered by stipulation or default.”
State v. Loney, 328 N.W.2d 872 (Wis. Ct. App. 1982). “Subsection (1) of sec. 757.69, Stats., which pertains to the issuance of warrants and other j udicial functions, does not authorize court commissioners to perform judicial functions “under their own authority,” as does subsec.”
State v. Evans, 522 N.W.2d 554 (Wis. Ct. App. 1994). “Evans argues that because § 757.69(l)(b), Stats., does not list such determinations within the court commissioner's enumerated powers, the court commissioner acted beyond its jurisdiction.”
State v. Verkuylen, 352 N.W.2d 668 (Wis. Ct. App. 1984). “Section 757.69(1) (b), Stats., provides in part: On authority delegated by a judge, which may he by a standard order, and with the approval of the chief judge of the judicial administrative district, a court commissioner .”
State Ex Rel. Jones v. Gerhardstein, 416 N.W.2d 883 (Wis. 1987). “[18] Sec. 757.69(1)(h), Stats., provides as follows: "757.”
State v. Banks, 313 N.W.2d 67 (Wis. 1981). “Likewise, we hold that pursuant to sec. 757.69, Stats., entitled “Powers and duties of court commissioners”, the court commissioner was without jurisdiction to hear or enter judgment in a criminal proceeding and since the second violation of sec.”
— Wis. Stat. § 757.69(1) — 8 cases
State v. Loney, 328 N.W.2d 872 (Wis. Ct. App. 1982). “Subsection (1) of sec. 757.69, Stats., which pertains to the issuance of warrants and other j udicial functions, does not authorize court commissioners to perform judicial functions “under their own authority,” as does subsec.”
Thompson v. Cnty. of Rock, 648 F. Supp. 861 (W.D. Wis. 1986). “Court commissioners may be empowered to perform any or all of the functions listed in Wis.Stat. § 757.69, which provides in relevant part: (1) On authority delegated by a judge .”
State v. Verkuylen, 352 N.W.2d 668 (Wis. Ct. App. 1984). “Section 757.69(1) (b), Stats., provides in part: On authority delegated by a judge, which may he by a standard order, and with the approval of the chief judge of the judicial administrative district, a court commissioner .”
State v. Grawien, 367 N.W.2d 816 (Wis. Ct. App. 1985).
Dane Cnty. v. C.M.B., 478 N.W.2d 385 (Wis. 1992).
— Wis. Stat. § 757.69(1)(b) — 5 cases
State v. Williams, 2012 WI 59 (Wis. 2012). “Under Wis. Stat. § 757.69 (1)(b) (2007-08), 1 circuit court commissioners are granted specific statutory authority to issue search warrants.”
State v. Verkuylen, 352 N.W.2d 668 (Wis. Ct. App. 1984). “Section 757.69(1) (b), Stats., provides in part: On authority delegated by a judge, which may he by a standard order, and with the approval of the chief judge of the judicial administrative district, a court commissioner .”
State v. Lindberg, 500 N.W.2d 322 (Wis. Ct. App. 1993).
State v. Lacey, 685 N.W.2d 172 (Wis. Ct. App. 2004).
State v. Latres Christopher Robinson (Wis. Ct. App. 2026).
— Wis. Stat. § 757.69(1)(c) — 1 case
Waushara Cnty. v. Beatrice Bruning (Wis. Ct. App. 2025).
— Wis. Stat. § 757.69(1)(d) — 1 case
Radmer v. Edell, 395 N.W.2d 629 (Wis. Ct. App. 1986).
— Wis. Stat. § 757.69(1)(g) — 2 cases
Milwaukee Cnty. v. LOUISE M., 555 N.W.2d 814 (Wis. 1996).
In Matter of Mental Condition of CMB, 478 N.W.2d 385 (Wis. 1992).
— Wis. Stat. § 757.69(1)(h) — 5 cases
State Ex Rel. Jones v. Gerhardstein, 416 N.W.2d 883 (Wis. 1987). “[18] Sec. 757.69(1)(h), Stats., provides as follows: "757.”
Carol J. R. v. Cnty. of Milwaukee, 540 N.W.2d 233 (Wis. Ct. App. 1995).
Milwaukee Cnty. v. LOUISE M., 538 N.W.2d 550 (Wis. Ct. App. 1995).
Dane Cnty. v. C.M.B., 478 N.W.2d 385 (Wis. 1992).
In Matter of Mental Condition of CMB, 478 N.W.2d 385 (Wis. 1992).
— Wis. Stat. § 757.69(1)(p) — 2 cases
Elizabeth Anne Fitzgibbon v. Adam Paul Fitzgibbon (Wis. Ct. App. 2024).
Karen Elizabeth Morway v. David Seth Morway (Wis. Ct. App. 2025).
— Wis. Stat. § 757.69(3) — 1 case
State v. Loney, 328 N.W.2d 872 (Wis. Ct. App. 1982). “Subsection (1) of sec. 757.69, Stats., which pertains to the issuance of warrants and other j udicial functions, does not authorize court commissioners to perform judicial functions “under their own authority,” as does subsec.”
— Wis. Stat. § 757.69(5) — 1 case
Hessenius v. Schmidt, 307 N.W.2d 232 (Wis. 1981).
— Wis. Stat. § 757.69(8) — 10 cases
Nehls v. Nehls, 2012 WI App 85 (Wis. Ct. App. 2012). “Dale argues that Wis. Stat. § 757.69 (8) (2009-10) 2 affords him the option of a de novo hearing despite a Fond du Lac county local court rule barring the de novo review of FCC orders entered by stipulation or default.”
Marriage of Stuligross v. Stuligross, 2009 WI App 25 (Wis. Ct. App. 2008). “Alternatively, he argues that if he is not entitled to a de novo hearing, then the order should nonetheless be reversed because of other errors.”
State v. Gillespie, 2005 WI App 35 (Wis. 2005). “Gillespie was bound over for trial following a preliminary hearing held before a court commissioner pursuant to Wis. Stat. § 757.69 (l)(b). He then sought a "preliminary hearing de novo" in the circuit court on the felony charge.”
Velocity Investments, LLC v. Mark Ziegler (Wis. Ct. App. 2021).
Krause v. Krause, 918 N.W.2d 644 (Wis. Ct. App. 2018).
— Wis. Stat. § 757.69(l)(b) — 3 cases
State v. Evans, 522 N.W.2d 554 (Wis. Ct. App. 1994). “Evans argues that because § 757.69(l)(b), Stats., does not list such determinations within the court commissioner's enumerated powers, the court commissioner acted beyond its jurisdiction.”
State v. Selders, 472 N.W.2d 526 (Wis. Ct. App. 1991).
State v. Gillespie, 2005 WI App 35 (Wis. 2005). “Gillespie was bound over for trial following a preliminary hearing held before a court commissioner pursuant to Wis. Stat. § 757.69 (l)(b). He then sought a "preliminary hearing de novo" in the circuit court on the felony charge.”
— Wis. Stat. § 757.69(l)(c) — 1 case
State v. Michaels, 417 N.W.2d 415 (Wis. Ct. App. 1987).
— Wis. Stat. § 757.69(l)(d) — 1 case
Radmer v. Edell, 395 N.W.2d 629 (Wis. Ct. App. 1986).
— Wis. Stat. § 757.69(l)(g) — 1 case
Dane Cnty. v. C.M.B., 478 N.W.2d 385 (Wis. 1992).
— Wis. Stat. § 757.69(l)(h) — 2 cases
State Ex Rel. Jones v. Gerhardstein, 416 N.W.2d 883 (Wis. 1987). “[18] Sec. 757.69(1)(h), Stats., provides as follows: "757.”
Dane Cnty. v. C.M.B., 478 N.W.2d 385 (Wis. 1992).
— Wis. Stat. § 757.69(l)(p) — 1 case
Nehls v. Nehls, 2012 WI App 85 (Wis. Ct. App. 2012). “Dale argues that Wis. Stat. § 757.69 (8) (2009-10) 2 affords him the option of a de novo hearing despite a Fond du Lac county local court rule barring the de novo review of FCC orders entered by stipulation or default.”
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