Court commissioners are employed by circuit court judges to assist with the efficient management of their caseloads. A court commissioner may issue a final divorce judgement if the parties agree that a marriage is irretrievably broken and the parties have achieved an agreement resolving all marital issues including:
| Court Commissioner | Judge | |
|---|---|---|
| Qualifications | Typically have less formal legal education and experience compared to judges. | Usually have a law degree and significant experience as a lawyer or judge. |
| Role | Handle routine court matters and make initial decisions, often with the ability to make binding decisions in certain cases. | Preside over trials and make final decisions on legal disputes. |
| Appointment | Appointed by the chief judge of the court or elected by the local community. | Appointed or elected by the state government. |
| Jurisdiction | Limited jurisdiction, able to hear certain types of cases such as small claims and traffic violations | General jurisdiction, able to hear a wide range of cases. |
Court Commissioners do not have the authority to preside over trials, hear appeals or impose sentences in criminal cases. According to Wis. Stat. § 757.69, a court commissioner is not permitted to preside over contested divorce trials. If all pre-trial evidentiary issues are complete and the parties cannot come to an agreement, the court commissioner may certify the case to the assigned circuit court judge for further proceedings.
When a family law matter is not able to be resolved before a court commissioner, the case will move to the trial court for further proceedings. The trial court is presided over by a circuit court judge. Judges are elected officials who serve terms of six years. Circuit Court Judges are attorneys licensed to practice law in Wisconsin and many have experience as former family law attorneys.
Judges in each county undergo periodic rotations of their caseloads. Your case may be assigned to a new judge prior to its conclusion. If your case requires a post-judgment motion, you’re likely to have a different judge. You may have a new judge if the following post-judgments are requested:
One party may ask the court to increase or decrease the amount of child support or alimony they are paying or receiving.
One party may ask the court to change the custody arrangements or parenting time schedule for the children.
If one party is not complying with the terms of the divorce judgment, the other party may ask the court to enforce the judgment.
If one party is not complying with a court order, the other party may ask the court to find the non-compliant party in contempt of court.
In some cases, if the parties are unable to agree on the sale of marital property, the court can decide to sell the property and divide the proceeds.
It is important to have an attorney experienced with the judges in the county where your family law matter is to be presented. DIvergent Law researches the judicial history and individual preferences of each judge. This allows us to present your case in the most effective, convincing way.
