Wisconsin Statutes
Wis. Stat. § 851.71 (2026)
Appointment and compensation of registers in probate
✓ current as of July 2026
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851.71(1)(1) In each county, the judges of the county shall appoint and may remove a register in probate. Appointments and removals may be made only with the approval of the chief judge. Before entering upon duties, the register in probate shall take and subscribe the constitutional oath of office and file it, together with the order of appointment, in the office of the clerk of circuit court.
851.71(3)(3) The salary of the register in probate and of any deputies shall be fixed by the county board and paid by the county.
851.71(4)(4) In counties having a population of 750,000 or more, the appointment under subs. (1) and (2) shall be made as provided in those subsections but the judges shall not remove the register in probate and deputy registers, except through charges for dismissal made and sustained under s. 63.10.
851.71 AnnotationA county’s collective bargaining agreement cannot supersede the authority of circuit judges to appoint the register in probate. Iowa County v. Iowa County Courthouse, 166 Wis. 2d 614, 480 N.W.2d 499 (1992).
851.71 AnnotationA register in probate has a plain legal duty to file and keep all papers properly filed. The register may refuse to accept a paper for which the proper fee is not paid and has no other grounds for refusing a pleading. Estate of Reise, 2002 WI App 83, 251 Wis. 2d 472, 642 N.W.2d 568, 01-2939.
Notes of Decisions
Cited in 7
cases, 1992–2008 · leading case: Iowa Cnty. v. Iowa Cnty. Courthouse/Soc. Servs. Employees, Local 413, 480 N.W.2d 499 (Wis. 1992).
Iowa Cnty. v. Iowa Cnty. Courthouse/Soc. Servs. Employees, Local 413, 480 N.W.2d 499 (Wis. 1992). “Iowa County and Judge Fiedler then commenced an action seeking a declaratory judgment that the collective bargaining agreement did not supersede Judge Fiedler's authority to fill the position under sec. 851.71, Stats. The circuit court held that the power to appoint a register…”
Racine Cnty. v. Int'l Ass'n of MacHinists & Aerospace Workers Dist. 10, AFL-CIO, 2008 WI 70 (Wis. 2008). “In his dissent, Judge Nettesheim stated: *317 Like the statutory authority conferred by Wis. Stat. § 851.71 on the Iowa County circuit judge to appoint a register in probate, here director Van Kampen, acting as an agent of the judiciary, has the statutory authority under Wis.”
Barland v. Eau Claire Cnty., 575 N.W.2d 691 (Wis. 1998). “065 , appointment of juvenile court commissioners, and Wis. Stat. § 851.71 , power to appoint and remove a register in probate.”
Crawford Cnty. v. Wisconsin Emp. Relations Comm'n, 501 N.W.2d 836 (Wis. Ct. App. 1993). “On the other hand, the court said, a circuit judge "is not a county employee or an agent of the county," but rather represents "the local presence of the state," and thus was not a party to and cannot be bound by the provision of the agreement purporting to regulate his or her…”
Heitkemper v. Wirsing, 533 N.W.2d 770 (Wis. 1995). “The statute at issue in Iowa was sec. 851.71, Stats., which provided, "the judges of the county shall appoint.”
Manitowoc Cnty. v. Local 986A, 489 N.W.2d 722 (Wis. Ct. App. 1992). “Instead, the court limited its discussion to sec. 851.71(1), Stats., which authorizes judicial appointment and removal of the register in probate.”
State Ex Rel. Reise v. Morlen, 2002 WI App 83 (Wis. Ct. App. 2002). “51(1), "[a] person may request the court [of appeals] to exercise its supervisory jurisdiction or its original jurisdiction to issue a prerogative writ over a court and the presiding judge, or other person or body, by filing a petition and supporting memorandum.”
— Wis. Stat. § 851.71(1) — 3 cases
Iowa Cnty. v. Iowa Cnty. Courthouse/Soc. Servs. Employees, Local 413, 480 N.W.2d 499 (Wis. 1992). “Iowa County and Judge Fiedler then commenced an action seeking a declaratory judgment that the collective bargaining agreement did not supersede Judge Fiedler's authority to fill the position under sec. 851.71, Stats. The circuit court held that the power to appoint a register…”
Crawford Cnty. v. Wisconsin Emp. Relations Comm'n, 501 N.W.2d 836 (Wis. Ct. App. 1993). “On the other hand, the court said, a circuit judge "is not a county employee or an agent of the county," but rather represents "the local presence of the state," and thus was not a party to and cannot be bound by the provision of the agreement purporting to regulate his or her…”
Manitowoc Cnty. v. Local 986A, 489 N.W.2d 722 (Wis. Ct. App. 1992). “Instead, the court limited its discussion to sec. 851.71(1), Stats., which authorizes judicial appointment and removal of the register in probate.”
— Wis. Stat. § 851.71(3) — 2 cases
Iowa Cnty. v. Iowa Cnty. Courthouse/Soc. Servs. Employees, Local 413, 480 N.W.2d 499 (Wis. 1992). “Iowa County and Judge Fiedler then commenced an action seeking a declaratory judgment that the collective bargaining agreement did not supersede Judge Fiedler's authority to fill the position under sec. 851.71, Stats. The circuit court held that the power to appoint a register…”
Crawford Cnty. v. Wisconsin Emp. Relations Comm'n, 501 N.W.2d 836 (Wis. Ct. App. 1993). “On the other hand, the court said, a circuit judge "is not a county employee or an agent of the county," but rather represents "the local presence of the state," and thus was not a party to and cannot be bound by the provision of the agreement purporting to regulate his or her…”
— Wis. Stat. § 851.71(4) — 1 case
Iowa Cnty. v. Iowa Cnty. Courthouse/Soc. Servs. Employees, Local 413, 480 N.W.2d 499 (Wis. 1992). “Iowa County and Judge Fiedler then commenced an action seeking a declaratory judgment that the collective bargaining agreement did not supersede Judge Fiedler's authority to fill the position under sec. 851.71, Stats. The circuit court held that the power to appoint a register…”
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