Wisconsin Statutes
Wis. Stat. § 968.09 (2026)
Warrant on failure to appear
✓ current as of July 2026
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
968.09(1)(1) When a defendant or a witness fails to appear before the court as required, or violates a term of the defendant’s or witness’s bond or the defendant’s or witness’s probation, if any, the court may issue a bench warrant for the defendant’s or witness’s arrest which shall direct that the defendant or witness be brought before the court without unreasonable delay. The court shall state on the record at the time of issuance of the bench warrant the reason therefor.
968.09(2)(2) Prior to the defendant’s appearance in court after the defendant’s arrest under sub. (1), ch. 969 shall not apply.
968.09 AnnotationA bench warrant may be directed to all law enforcement officers in the state without regard to whether the defendant is charged with a violation of a state statute or county ordinance. The form of the warrant should be as suggested by s. 968.04 (3) (a) 7. 62 Atty. Gen. 208.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 1976–2023 · leading case: State v. Hess, 2010 WI 82 (Wis. 2010).
State v. Hess, 2010 WI 82 (Wis. 2010). “The court then noted that the court lacked the authority to issue a criminal bench warrant under Wis. Stat. § 968.09 (1) because Hess did not fail to appear in court and was under no express or implied requirement to meet with the PSI writer.”
Ford v. Kenosha Cnty., 466 N.W.2d 646 (Wis. 1991). “Such action could only become effective when accepted and signed by the judge, thus making it a judicial act; for according to section 968.09, Stats., 1987-88, only "the court may issue a bench warrant.”
State v. Hess, 2009 WI App 105 (Wis. Ct. App. 2009). “§ 968.09(1) authorizes courts in criminal cases to issue a bench warrant for the defendant's arrest when the defendant fails to appear upon a court order or violates a term of bond or probation.”
Bur v. Gilbert, 415 F. Supp. 335 (E.D. Wis. 1976). “While § 968.09, Wis.Stats. authorizes the issuance of a bench warrant of arrest upon a defendant’s failure to appear as required, the warrant of arrest in this case appears to have been based on the substance of the citation previously issued to the plaintiff — i.”
State Ex Rel. Porter v. Wolke, 257 N.W.2d 881 (Wis. 1977). “15 Sec. 968.09(1), Stats. 1976. 16 Id. 17 Sec.”
State v. Aaron L. Jacobs (Wis. Ct. App. 2023). “§ 968.09 (warrant on failure to appear); § 969.”
Wis. Stat. § 968.09(1): 4 cases
State v. Hess, 2010 WI 82 (Wis. 2010). “The court then noted that the court lacked the authority to issue a criminal bench warrant under Wis. Stat. § 968.09 (1) because Hess did not fail to appear in court and was under no express or implied requirement to meet with the PSI writer.”
State v. Hess, 2009 WI App 105 (Wis. Ct. App. 2009). “§ 968.09(1) authorizes courts in criminal cases to issue a bench warrant for the defendant's arrest when the defendant fails to appear upon a court order or violates a term of bond or probation.”
State Ex Rel. Porter v. Wolke, 257 N.W.2d 881 (Wis. 1977). “15 Sec. 968.09(1), Stats. 1976. 16 Id. 17 Sec.”
State v. Aaron L. Jacobs (Wis. Ct. App. 2023). “§ 968.09 (warrant on failure to appear); § 969.”
Wis. Stat. § 968.09(2): 1 case
State v. Aaron L. Jacobs (Wis. Ct. App. 2023). “§ 968.09 (warrant on failure to appear); § 969.”
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.