Wisconsin Statutes
Wis. Stat. § 970.032 (2026)
Preliminary examination; juvenile under original adult court jurisdiction
✓ current as of July 2026
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970.032(1)(1) Notwithstanding s. 970.03, if a preliminary examination is held regarding a juvenile who is subject to the original jurisdiction of the court of criminal jurisdiction under s. 938.183 (1), the court shall first determine whether there is probable cause to believe that the juvenile has committed the violation of which he or she is accused under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b), or (c), whichever is applicable. If the court does not make that finding, the court shall order that the juvenile be discharged but proceedings may be brought regarding the juvenile under ch. 938.
970.032(2)(2) If the court finds probable cause to believe that the juvenile has committed the violation of which he or she is accused under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b) or (c), the court shall determine whether to retain jurisdiction or to transfer jurisdiction to the court assigned to exercise jurisdiction under chs. 48 and 938. The court shall retain jurisdiction unless the juvenile proves by a preponderance of the evidence all of the following:
970.032(2)(a)(a) That, if convicted, the juvenile could not receive adequate treatment in the criminal justice system.
970.032(2)(b)(b) That transferring jurisdiction to the court assigned to exercise jurisdiction under chs. 48 and 938 would not depreciate the seriousness of the offense.
970.032(2)(c)(c) That retaining jurisdiction is not necessary to deter the juvenile or other juveniles from committing the violation of which the juvenile is accused under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b) or (c), whichever is applicable.
970.032 AnnotationThis section does not violate a defendant’s right to equal protection. State v. Martin, 191 Wis. 2d 646, 530 N.W.2d 420 (Ct. App. 1995).
970.032 AnnotationA juvenile bears the burden of proof to demonstrate that the factors under sub. (2) support removing jurisdiction to the juvenile court. The removal decision is within the discretion of the trial court. State v. Verhagen, 198 Wis. 2d 177, 542 N.W.2d 189 (Ct. App. 1995), 94-2823.
970.032 AnnotationSub. (2) (a) allows a trial court to balance the treatment available in the juvenile system and adult system and requires the court to decide under the facts of the case which treatment will better benefit the juvenile. State v. Dominic E.W., 218 Wis. 2d 52, 579 N.W.2d 282 (Ct. App. 1998), 97-2446.
970.032 AnnotationSub. (2) is not unconstitutionally vague. State v. Armstead, 220 Wis. 2d 626, 583 N.W.2d 444 (Ct. App. 1998), 97-3056.
970.032 AnnotationA juvenile has a right to a reverse waiver hearing after the criminal court finds probable cause to believe that the juvenile has committed the exclusive original jurisdiction violation or violations of which the juvenile is accused. At the hearing, the juvenile must prove all elements set out in sub. (2) (a), (b), and (c) by a preponderance of the evidence. The juvenile must be given reasonable latitude to offer admissible evidence to satisfy the juvenile’s burden on the three elements, including evidence about the offense, supplementing the facts used to establish probable cause, to put the offense in context. The juvenile may not offer evidence at the hearing for the purpose of contradicting the offense charged. State v. Kleser, 2010 WI 88, 328 Wis. 2d 42, 786 N.W.2d 144, 07-2827. But see State v. Adams, 2024 WI App 44, 413 Wis. 2d 202, 11 N.W.3d 190, 23-0218.
970.032 AnnotationWhen a juvenile is charged in adult court with a violation of one of the offenses enumerated in s. 938.183 (1), the juvenile is entitled to a preliminary examination under sub. (1) at which the court must find that there is probable cause to believe that the juvenile has committed the violation of which the juvenile is accused if the adult court is to retain exclusive original jurisdiction of the juvenile. This means that the court should make a specific finding on the record that there is probable cause to believe the juvenile committed the specific s. 938.183 (1) crime charged in the complaint. State v. Toliver, 2014 WI 85, 356 Wis. 2d 642, 851 N.W.2d 251, 12-0393.
970.032 AnnotationIf an adult court’s determination of probable cause in a preliminary examination under this section relates to an unspecified felony and the facts are undisputed, an appellate court may review the record independently to determine whether the court did find probable cause to believe that the juvenile has committed the violation of which the juvenile is accused. State v. Toliver, 2014 WI 85, 356 Wis. 2d 642, 851 N.W.2d 251, 12-0393.
970.032 AnnotationNothing in sub. (1) can be interpreted as requiring the state to disprove a juvenile’s affirmative defense in order for the adult court to maintain jurisdiction and bind the juvenile over for trial. State v. Geyser, 2020 WI App 58, 394 Wis. 2d 96, 949 N.W.2d 594, 18-1897.
970.032 AnnotationWhen a juvenile is charged with a crime that subjects the juvenile to the original jurisdiction of the adult court system and requests a transfer of jurisdiction to juvenile court, the preliminary examination under this section functions as the first part of a two-part process that concludes with the “reverse waiver” hearing. When a juvenile charged with an original jurisdiction crime requests a preliminary hearing under sub. (1), the juvenile is invoking this section as a whole, because both of these hearings are necessary components of the statutory scheme governing whether the adult criminal court can or must retain its jurisdiction over the juvenile. A circuit court’s written order to retain jurisdiction after proceedings under this section necessarily encompasses the issues raised at the preliminary examination because a circuit court cannot deny the juvenile’s motion and retain jurisdiction without proceeding under both subs. (1) and (2). State v. Adams, 2024 WI App 44, 413 Wis. 2d 202, 11 N.W.3d 190, 23-0218.
970.032 AnnotationDefendants are entitled to all evidence that the state intends to introduce at a preliminary examination under sub. (1) to establish probable cause of the alleged jurisdictional offense. The state is required to produce this evidence at a reasonable time before the preliminary examination. Moreover, circumstances may be such that other materials exclusively in the possession of the state may be discoverable by the defendant prior to a preliminary examination under this section, provided the defendant establishes a particularized need for the materials requested by showing that the materials are likely to be relevant to negate one of the elements of the charged offense. State v. Adams, 2024 WI App 44, 413 Wis. 2d 202, 11 N.W.3d 190, 23-0218.
970.032 AnnotationThe preliminary examination under sub. (1) is the only opportunity during reverse waiver proceedings for a defendant to present evidence to negate or reduce the original jurisdiction charge. Such evidence cannot be offered during the reverse waiver hearing under sub. (2). State v. Adams, 2024 WI App 44, 413 Wis. 2d 202, 11 N.W.3d 190, 23-0218.
Notes of Decisions
Cited in 16
cases (3 in the last 5 years), 1995–2026 · leading case: State v. Kleser, 2010 WI 88 (Wis. 2010).
State v. Kleser, 2010 WI 88 (Wis. 2010). “¶ 5 Kleser filed a petition for review raising two issues: (1) Did the court of appeals correctly interpret Wis. Stat. § 970.032 to require that any evidence concerning the facts of the crime charged be introduced only at the preliminary hearing? (2) Did the court of appeals…”
State v. Cortez Lorenzo Toliver, 2014 WI 85 (Wis. 2014). “Wis. Stat. § 970.032 (1) (emphasis added).”
State v. Shaun M. Sanders, 912 N.W.2d 16 (Wis. 2018). “See Wis. Stat. §§ 970.032 , 938.18. Pursuant to § 938.”
State v. Armstead, 583 N.W.2d 444 (Wis. Ct. App. 1998). “If a preliminary examination is held regarding such a child, according to § 970.032, Stats., the adult court may "reverse waive" jurisdiction back to the juvenile court if the child proves by a preponderance of the evidence all of the following: (a) That, if convicted, the child…”
State v. Kleser, 2009 WI App 43 (Wis. Ct. App. 2009). “This is the State's appeal of a nonfinal order of the trial court transferring jurisdiction *831 of Corey, a juvenile charged with first-degree intentional homicide, battery by a prisoner and substantial battery, from adult criminal court to juvenile court pursuant to Wis. Stat.…”
State v. Verhagen, 542 N.W.2d 189 (Wis. Ct. App. 1995). “This appeal concerns the "reverse waiver" proceedings contemplated by § 970.032, Stats. That statute authorizes the adult criminal court, which otherwise has exclusive original jurisdiction pursuant to § 48.”
State v. Dominic E.W., 579 N.W.2d 282 (Wis. Ct. App. 1998). “from adult court to the juvenile court system under the "reverse waiver" proceedings of § 970.032, Stats. 1 As a resident of Ethan Allen School for Boys, Dominic struck a staff member and was charged as an adult with battery to a correctional officer contrary to § 940.”
State v. Martin, 530 N.W.2d 420 (Wis. Ct. App. 1995). “Section 970.032, Stats., requires that the preliminary hearing magistrate go beyond the usual job of determining whether a crime was committed and whether there is probable cause to believe that the defendant committed the crime.”
State v. Hazen, 543 N.W.2d 503 (Wis. Ct. App. 1995). “The only decision the criminal court makes is whether to retain jurisdiction under § 970.032, STATS. 7 Even if the criminal court decides not to retain jurisdiction, the juvenile's name will still be released to the public by virtue of the criminal court's original jurisdiction.”
State v. Hinkle, 921 N.W.2d 219 (Wis. Ct. App. 2018). “That proceeding and conviction are not on appeal. When criminally charged under Wis.”
State v. Noah Q. Mann-Tate (Wis. Ct. App. 2026). “§ 970.032 (1993-94). If the child remained in criminal court and was convicted of one of the adult jurisdiction offenses, the court was required to sentence the child to a presumptive minimum prison sentence unless the court determined that placing the child on probation or…”
State v. Jayden Adams, 2024 WI App 44 (Wis. Ct. App. 2024). “When juveniles charged with an original jurisdiction crime request a preliminary examination under § 970.”
— Wis. Stat. § 970.032(1) — 5 cases
State v. Kleser, 2010 WI 88 (Wis. 2010). “¶ 5 Kleser filed a petition for review raising two issues: (1) Did the court of appeals correctly interpret Wis. Stat. § 970.032 to require that any evidence concerning the facts of the crime charged be introduced only at the preliminary hearing? (2) Did the court of appeals…”
State v. Cortez Lorenzo Toliver, 2014 WI 85 (Wis. 2014). “Wis. Stat. § 970.032 (1) (emphasis added).”
State v. Jayden Adams, 2024 WI App 44 (Wis. Ct. App. 2024). “When juveniles charged with an original jurisdiction crime request a preliminary examination under § 970.”
State v. Morgan E. Geyser, 2020 WI App 58 (Wis. Ct. App. 2020).
State v. C. T. P.-B. (Wis. Ct. App. 2024).
— Wis. Stat. § 970.032(2) — 11 cases
State v. Kleser, 2010 WI 88 (Wis. 2010). “¶ 5 Kleser filed a petition for review raising two issues: (1) Did the court of appeals correctly interpret Wis. Stat. § 970.032 to require that any evidence concerning the facts of the crime charged be introduced only at the preliminary hearing? (2) Did the court of appeals…”
State v. Verhagen, 542 N.W.2d 189 (Wis. Ct. App. 1995). “This appeal concerns the "reverse waiver" proceedings contemplated by § 970.032, Stats. That statute authorizes the adult criminal court, which otherwise has exclusive original jurisdiction pursuant to § 48.”
State v. Hazen, 543 N.W.2d 503 (Wis. Ct. App. 1995). “The only decision the criminal court makes is whether to retain jurisdiction under § 970.032, STATS. 7 Even if the criminal court decides not to retain jurisdiction, the juvenile's name will still be released to the public by virtue of the criminal court's original jurisdiction.”
State v. Cortez Lorenzo Toliver, 2014 WI 85 (Wis. 2014). “Wis. Stat. § 970.032 (1) (emphasis added).”
State v. Kleser, 2009 WI App 43 (Wis. Ct. App. 2009). “This is the State's appeal of a nonfinal order of the trial court transferring jurisdiction *831 of Corey, a juvenile charged with first-degree intentional homicide, battery by a prisoner and substantial battery, from adult criminal court to juvenile court pursuant to Wis. Stat.…”
— Wis. Stat. § 970.032(2)(a) — 8 cases
State v. Kleser, 2010 WI 88 (Wis. 2010). “¶ 5 Kleser filed a petition for review raising two issues: (1) Did the court of appeals correctly interpret Wis. Stat. § 970.032 to require that any evidence concerning the facts of the crime charged be introduced only at the preliminary hearing? (2) Did the court of appeals…”
State v. Armstead, 583 N.W.2d 444 (Wis. Ct. App. 1998). “If a preliminary examination is held regarding such a child, according to § 970.032, Stats., the adult court may "reverse waive" jurisdiction back to the juvenile court if the child proves by a preponderance of the evidence all of the following: (a) That, if convicted, the child…”
State v. Martin, 530 N.W.2d 420 (Wis. Ct. App. 1995). “Section 970.032, Stats., requires that the preliminary hearing magistrate go beyond the usual job of determining whether a crime was committed and whether there is probable cause to believe that the defendant committed the crime.”
State v. Verhagen, 542 N.W.2d 189 (Wis. Ct. App. 1995). “This appeal concerns the "reverse waiver" proceedings contemplated by § 970.032, Stats. That statute authorizes the adult criminal court, which otherwise has exclusive original jurisdiction pursuant to § 48.”
State v. Dominic E.W., 579 N.W.2d 282 (Wis. Ct. App. 1998). “from adult court to the juvenile court system under the "reverse waiver" proceedings of § 970.032, Stats. 1 As a resident of Ethan Allen School for Boys, Dominic struck a staff member and was charged as an adult with battery to a correctional officer contrary to § 940.”
— Wis. Stat. § 970.032(2)(b) — 3 cases
State v. Armstead, 583 N.W.2d 444 (Wis. Ct. App. 1998). “If a preliminary examination is held regarding such a child, according to § 970.032, Stats., the adult court may "reverse waive" jurisdiction back to the juvenile court if the child proves by a preponderance of the evidence all of the following: (a) That, if convicted, the child…”
State v. Kleser, 2009 WI App 43 (Wis. Ct. App. 2009). “This is the State's appeal of a nonfinal order of the trial court transferring jurisdiction *831 of Corey, a juvenile charged with first-degree intentional homicide, battery by a prisoner and substantial battery, from adult criminal court to juvenile court pursuant to Wis. Stat.…”
State v. C. T. P.-B. (Wis. Ct. App. 2024).
— Wis. Stat. § 970.032(2)(c) — 4 cases
State v. Armstead, 583 N.W.2d 444 (Wis. Ct. App. 1998). “If a preliminary examination is held regarding such a child, according to § 970.032, Stats., the adult court may "reverse waive" jurisdiction back to the juvenile court if the child proves by a preponderance of the evidence all of the following: (a) That, if convicted, the child…”
State v. Verhagen, 542 N.W.2d 189 (Wis. Ct. App. 1995). “This appeal concerns the "reverse waiver" proceedings contemplated by § 970.032, Stats. That statute authorizes the adult criminal court, which otherwise has exclusive original jurisdiction pursuant to § 48.”
State v. Kleser, 2009 WI App 43 (Wis. Ct. App. 2009). “This is the State's appeal of a nonfinal order of the trial court transferring jurisdiction *831 of Corey, a juvenile charged with first-degree intentional homicide, battery by a prisoner and substantial battery, from adult criminal court to juvenile court pursuant to Wis. Stat.…”
State v. C. T. P.-B. (Wis. Ct. App. 2024).
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