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Commissioner changes in the works

By: dmc-admin//November 19, 2007//

Commissioner changes in the works

By: dmc-admin//November 19, 2007//

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Aside from the obvious distinction of working fewer hours, what differentiates a part-time court commissioner in Wisconsin from their full-time companions?

Full-time court commissioners can accept a guilty plea in criminal cases with consent of the state and the defense; part-time commissioners cannot. Full-time commissioners also have the ability to conduct a preliminary hearing; part-time commissioners do not have that authority.

A state Assembly bill seeks to eliminate those are two major distinctions.

According to Rep. Louis J. Molepske, D-Stevens Point, Assembly Bill 248 would increase judicial flexibility, primarily in rural counties, by allowing part-time commissioners to perform the same duties as those who work full time.

“In reality, there are no differences between the two as it relates to educational background, experience or expectations,” said Molepske, who co-authored the legislation which unanimously passed through the Assembly on Nov. 7.

Less Hassle, More Justice

Currently, part-time court commissioners in the state are limited in their ability to assist in criminal matters, which can hinder case processing in smaller communities, said Molepske.

The majority of Wisconsin counties employ less than one full-time court commissioner, according to the Wisconsin Law Library, which reported 75 full-time and 70 part-time commissioners in the state as of last spring.

“Look at the logistics, because if you have a part-time commissioner in a situation where they have to take a guilty plea, they have to go find a judge or a full-time commissioner,” said Molepske. “Often, this can require a rescheduling and further add to the cost of litigation and time to move cases through the system.”

David J. Worzalla, who has served as a part-time court commissioner in Stevens Point since 1988, agreed that passage of the bill would help lighten the load for judges in lieu of adding additional judgeships. Portage County has three circuit court branches and as many part-time court commissioners.

“In this day and age the state Legislature is not readily doling out new judgeships because it costs money, but as caseloads go higher, judges need help,” said Worzalla, a vocal advocate for the bill. He expressed a strong level of support from fellow part-time commissioners around the state.

Worzalla indicated that current policy does not allow a part-time commissioner to accept guilty pleas after handling the case intake, which can chew up three-fourths of a work day.

“We get that far and if a party wants to plead guilty and get it over with, we have to track down a judge and that’s frustrating,” said Worzalla. “At that point, we’re not of much help and odds are that plea won’t be taken that same day.”

Molepske said the inability of part-timers to work to their potential can make them less attractive for smaller counties because productivity would not offset the cost.

“Right now having a part-time person is not as advantageous because of the type of cases they can handle,” said Molepske. “This bill really gives counties more bang for their buck.”

Cost up to Counties

Fiscal impact on the state was neutral, according to the Wisconsin Department of Administration Division of Executive Budget and Finance, because court commissioner salaries are county-funded.

But will additional responsibilities mean part-time commissioners will seek out higher salaries?

Molepske did not expect that to be the case because the additional responsibilities would not be the norm in many counties. He did suggest that some counties may ultimately seek to add additional part-time commissioners to help off-set the need for an additional judge.

“I would think that if a county is in need of additional resources, but can only afford a part-time position, it would give them the benefit of full-time abilities at half-time cost,” said Molepske. “It will very much defer to local control at the county board level.”

While that may be the case in some areas with slightly looser county purse-strings, Worzalla suggested that other counties may hold out for an additional judge because those positions are state-funded.

On Nov. 13, Gov. Jim Doyle signed Assembly Bill 393, creating six additional judicial branches. Barron, Chippewa, Dodge, Green, Monroe, and St. Croix counties will each receive an additional judge through elections during the next three years.

“The problem could arise as to whether or not a county would be granted another judgeship,” said Worzalla. “A negative could be the county realizes they have to pay for part-timers like me, but another judge would be paid for by the state.”

While each county mandates commissioner salaries, Worzalla’s situation is relatively unique. He earns $35 per hour when acting as family court commissioner, which can require up to 25 hours of work per week. He less frequently handles criminal intake, probate matters and initial appearances in juvenile cases, which pays $57.50 per hour, the same salary as a judge, minus benefits.

Senate Review

The bill was read for the first time by the Senate Committee on Judiciary, Corrections, and Housing on Nov. 9, but Molepske did not anticipate any roadblocks once it reaches the floor.

“I’d be real surprised, since it went through the Assembly, 96-0, and went to the Senate committee process with no negative critiques,” said Molepske. “Ultimately, I think people realize this is another tool in the toolbox for the judiciary.”

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