Wisconsin Statutes
Wis. Stat. § 782.09 (2026)
Refusal of writ
✓ current as of July 2026
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782.09782.09 Refusal of writ. Any judge who refuses to grant a writ of habeas corpus, when legally applied for, is liable to the prisoner in the sum of $1,000.
782.09 AnnotationComity between circuit courts was not a sufficient reason to refuse to issue a writ but, under the facts of the case, the penalty under this section was inappropriate. J.V. v. Barron, 112 Wis. 2d 256, 332 N.W.2d 796 (1983).
782.09 AnnotationThe filing of a petition for a writ with the clerk of courts is a prerequisite to an action against a judge under this section. Maier v. Byrnes, 121 Wis. 2d 258, 358 N.W.2d 833 (Ct. App. 1984).
Notes of Decisions
Cited in 4
cases, 1983–2019 · leading case: State v. Pozo, 2002 WI App 279 (Wis. Ct. App. 2002).
State v. Pozo, 2002 WI App 279 (Wis. Ct. App. 2002). “Pozo requests that we vacate his conviction and grant him additional relief in the sum of $1000 pursuant to Wis. Stat. § 782.09 (1999-2000). 1 We conclude that Pozo's petition is without merit and therefore, we affirm the circuit court's order.”
Maier v. Byrnes, 358 N.W.2d 833 (Wis. Ct. App. 1984). “Byrnes in a small claims action commenced pursuant to sec. 782.09, Stats., which imposes a statutory penalty of $1,000 against a judge who refuses to grant a writ of habeas corpus.”
J v. Ex Rel. Levine v. Barron, 332 N.W.2d 796 (Wis. 1983). “” Sec. 782.09, Stats. 4 Two days after oral argument, without prompting, this court received from the plaintiff two documents concerning the current procedure in Milwaukee county when one circuit court branch is presented with a writ of habeas corpus where one of the defendants…”
Wilke, Kevin v. Stublaski, Adam (W.D. Wis. 2019). “On remand, given that no federal claims remain, the court must determine whether to exercise supplemental jurisdiction over a claim under Wis. Stat. § 782.09 , which provides that “any judge who refuses to grant a writ of habeas corpus, when legally applied for, is liable to the…”
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