Dane County
The Dane County Clerk of Courts in Madison, WI has a current vacancy for a full-time (1.0 FTE) Circuit Court Commissioner.
The eligible list created from this posting may be used for future Circuit Court Commissioner vacancies for the next six (6) months.
Note: the Circuit Court Commissioner may be assigned, as needed, to the following judicial areas: Juvenile, Criminal and Traffic, Family, Probate/Mental Health, and Small Claims. The expectation is that the commissioner will regularly hear matters in at least two of the above judicial areas.
COMMITMENT TO EQUITY & INCLUSION As an employer, we strive to provide a work environment where diversity and differing opinions are valued, creativity is encouraged, continuous learning and improvement are fostered, teamwork and open/honest communication are encouraged, and meeting customers’ needs through quality service is a shared goal. All employees must be able to demonstrate multicultural competence— the awareness, knowledge, and skills needed to work with others who are culturally different from self in meaningful, relevant, and productive ways. Applicants from traditionally underrepresented populations including women, racial and ethnic minorities, and persons with disabilities are especially encouraged to apply.
DEFINITION Under direction of the Fifth Judicial District Chief Judge, Circuit Court Commissioner positions are assigned as needed in the following judicial areas: juvenile, criminal and traffic, family, probate, mental health and small claims. Contained below are examples of duties for each of these areas and the employment standards for all of these areas.
EXAMPLES OF DUTIES JUVENILE Circuit Court Commissioners assigned to the juvenile area may, under the authorization of the Juvenile Court Judges, perform the following duties: issue summonses, conduct temporary custody hearings and order a child held in or released from custody, make final dispositions in undisputed cases, conduct plea hearings, enter into consent decrees, conduct pre‑hearing conferences, conduct all proceedings on petitions or citations under Wisconsin Statutes, and perform other duties as directed by the Juvenile Court Judges including research, liaison duties with schools, agencies, courts and service providers.
CRIMINAL AND TRAFFIC In criminal matters issue summonses, arrest warrants or search warrants and conduct initial appearances of persons arrested and set bail to the same extent as a judge. Conduct preliminary hearings. At the initial appearance, the court commissioner shall when necessary, inform the defendant of his/her rights in accordance with State Statutes. If the defendant appears or claims to be unable to afford counsel, the court commissioner may refer the person to the state public defender for an indigency determination and appointment of counsel under State Statutes.
Conduct initial appearances in all traffic cases; in traffic regulation cases receive non‑contested forfeiture pleas and impose monetary penalties according to a schedule adopted by a majority of the Circuit Court Judges, and refer applicable cases to court for enforcement for nonpayment.
In either criminal or traffic cases; will issue warrants and capiases for those who do not appear as summoned; directs cases to the proper court if the defendant wishes to enter a plea after intelligent waiver of rights. Performs related duties as required.
FAMILY Conducts preliminary hearings in all family proceedings and enters temporary orders for child support, maintenance, custody of children, attorney's fees and use of property; orders custody and/or visitation studies or evaluations; expedites the appointment of a guardian ad litem to represent interests of minor children when necessary; conducts stipulated final divorce/legal separation hearings; conducts post‑judgment contempt hearings for the Circuit Court Judges; conducts hearings on motions to amend temporary orders or judgments; conducts status conferences with parties and private attorneys regarding legal aspects of domestic actions; assists in settling complaints arising from Family Code proceedings; reviews requests for waivers of various filing fees; enters domestic abuse temporary restraining orders; conducts income assignment hearings, tax intercept hearings, uniform reciprocal enforcement of support act hearings and interstate income assignment hearings; performs related duties as required.
PROBATE/MENTAL HEALTH Examines papers in proceedings brought to the probate court; checks final accounts, inventories, tax receipts and other papers necessary to the administration of estates; confers with attorneys and the public with regard to probate matters; certifies copies of judgments and other legal papers; administers mental commitment and guardianship proceedings; performs related duties as required.
SMALL CLAIMS Conducts small claims conciliation conferences, hearings and trials; examines pleadings and identifies issues; issues decisions or judgments including default judgments; approves stipulations; evaluates small claims rules and procedures to make recommended revisions on same; performs related duties as required.
EDUCATION, TRAINING AND EXPERIENCE Graduation from an accredited law school, admission to practice law in the State of Wisconsin, at least three (3) years’ experience as an attorney, extensive knowledge of all types of hearings handled by court commissioners, and an understanding of courtroom practice is required.
Note: the Circuit Court Commissioner may be assigned, as needed, to the following judicial areas: Juvenile, Criminal and Traffic, Family, Probate/Mental Health, and Small Claims. The expectation is that the commissioner will regularly hear matters in at least two of the above judicial areas.
BACKGROUND CHECK STATEMENT Some positions may require a criminal background check which can include fingerprinting due to the nature of the job’s responsibilities. Wisconsin’s Fair Employment Law, s. 111.31 – 111.395, Wis. Stats., prohibits discrimination because of an arrest or conviction record. However, Dane County may disqualify an applicant if the position’s responsibilities are substantially related to the applicant’s criminal history (e.g., the nature of the crime and its relationship to the position, whether hiring, transferring or promoting an applicant would pose an unreasonable risk to the business, its employees, customers and vendors, etc.) Management reserves the right to make employment contingent upon successful completion of the background check.
FOR BILINGUAL POSITIONS
Provide services in both English and the required foreign language (e.g., Spanish, Arabic, Hmong, etc.).
Applicants being considered for bilingual positions will be tested during the recruitment process prior to employment. This will primarily consist of passing an oral language proficiency assessment from English to foreign language and foreign language to English, but may require additional language testing, such as written translation, if it is an essential function of the job.
*If applicable, individuals may confirm with the Employee Relations Division whether results of bilingual language certifications/ examinations they currently hold qualify them for the position’s bilingual designation.
PHYSICAL AND ENVIRONMENTAL WORK REQUIREMENTS Courtroom and professional office work environment. Work involves walking, sitting, standing, bending, stooping, twisting, turning, lifting, carrying, pushing, pulling, grasping, and reaching within normal ranges. Ability to lift and move a variety of work-related materials weighing up to 25 pounds (with/without assistance). Prolonged computer and phone use. Manual dexterity using fine and gross motor skills. Ability to speak and be heard by others. Ability to see and hear within normal ranges with or without corrective devices.
KNOWLEDGE, SKILLS AND ABILITIES Extensive knowledge of all Wisconsin State Statutes applicable to the Circuit Court Commissioner duties; extensive knowledge of state and federal constitutional law; extensive knowledge of criminal and civil judicial and quasi‑judicial procedures; working knowledge of office administration methods and practices; possession of effective oral and written communication skills; ability to analyze legal documents and instruments; ability to deal effectively with officials, attorneys and the public; ability to conduct judicial proceedings such as initial appearances; ability to conduct conciliatory conferences; ability to manage cases in order to expedite case processing; ability to utilize alternative means of appearance in proceedings, such as telephone or video; ability to exercise professional judgment in making those decisions authorized by the Statutes and the Chief Judge.
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The eligible list created from this posting may be used for future Circuit Court Commissioner vacancies for the next six (6) months.
Note: the Circuit Court Commissioner may be assigned, as needed, to the following judicial areas: Juvenile, Criminal and Traffic, Family, Probate/Mental Health, and Small Claims. The expectation is that the commissioner will regularly hear matters in at least two of the above judicial areas.
COMMITMENT TO EQUITY & INCLUSION As an employer, we strive to provide a work environment where diversity and differing opinions are valued, creativity is encouraged, continuous learning and improvement are fostered, teamwork and open/honest communication are encouraged, and meeting customers’ needs through quality service is a shared goal. All employees must be able to demonstrate multicultural competence— the awareness, knowledge, and skills needed to work with others who are culturally different from self in meaningful, relevant, and productive ways. Applicants from traditionally underrepresented populations including women, racial and ethnic minorities, and persons with disabilities are especially encouraged to apply.
DEFINITION Under direction of the Fifth Judicial District Chief Judge, Circuit Court Commissioner positions are assigned as needed in the following judicial areas: juvenile, criminal and traffic, family, probate, mental health and small claims. Contained below are examples of duties for each of these areas and the employment standards for all of these areas.
EXAMPLES OF DUTIES JUVENILE Circuit Court Commissioners assigned to the juvenile area may, under the authorization of the Juvenile Court Judges, perform the following duties: issue summonses, conduct temporary custody hearings and order a child held in or released from custody, make final dispositions in undisputed cases, conduct plea hearings, enter into consent decrees, conduct pre‑hearing conferences, conduct all proceedings on petitions or citations under Wisconsin Statutes, and perform other duties as directed by the Juvenile Court Judges including research, liaison duties with schools, agencies, courts and service providers.
CRIMINAL AND TRAFFIC In criminal matters issue summonses, arrest warrants or search warrants and conduct initial appearances of persons arrested and set bail to the same extent as a judge. Conduct preliminary hearings. At the initial appearance, the court commissioner shall when necessary, inform the defendant of his/her rights in accordance with State Statutes. If the defendant appears or claims to be unable to afford counsel, the court commissioner may refer the person to the state public defender for an indigency determination and appointment of counsel under State Statutes.
Conduct initial appearances in all traffic cases; in traffic regulation cases receive non‑contested forfeiture pleas and impose monetary penalties according to a schedule adopted by a majority of the Circuit Court Judges, and refer applicable cases to court for enforcement for nonpayment.
In either criminal or traffic cases; will issue warrants and capiases for those who do not appear as summoned; directs cases to the proper court if the defendant wishes to enter a plea after intelligent waiver of rights. Performs related duties as required.
FAMILY Conducts preliminary hearings in all family proceedings and enters temporary orders for child support, maintenance, custody of children, attorney's fees and use of property; orders custody and/or visitation studies or evaluations; expedites the appointment of a guardian ad litem to represent interests of minor children when necessary; conducts stipulated final divorce/legal separation hearings; conducts post‑judgment contempt hearings for the Circuit Court Judges; conducts hearings on motions to amend temporary orders or judgments; conducts status conferences with parties and private attorneys regarding legal aspects of domestic actions; assists in settling complaints arising from Family Code proceedings; reviews requests for waivers of various filing fees; enters domestic abuse temporary restraining orders; conducts income assignment hearings, tax intercept hearings, uniform reciprocal enforcement of support act hearings and interstate income assignment hearings; performs related duties as required.
PROBATE/MENTAL HEALTH Examines papers in proceedings brought to the probate court; checks final accounts, inventories, tax receipts and other papers necessary to the administration of estates; confers with attorneys and the public with regard to probate matters; certifies copies of judgments and other legal papers; administers mental commitment and guardianship proceedings; performs related duties as required.
SMALL CLAIMS Conducts small claims conciliation conferences, hearings and trials; examines pleadings and identifies issues; issues decisions or judgments including default judgments; approves stipulations; evaluates small claims rules and procedures to make recommended revisions on same; performs related duties as required.
EDUCATION, TRAINING AND EXPERIENCE Graduation from an accredited law school, admission to practice law in the State of Wisconsin, at least three (3) years’ experience as an attorney, extensive knowledge of all types of hearings handled by court commissioners, and an understanding of courtroom practice is required.
Note: the Circuit Court Commissioner may be assigned, as needed, to the following judicial areas: Juvenile, Criminal and Traffic, Family, Probate/Mental Health, and Small Claims. The expectation is that the commissioner will regularly hear matters in at least two of the above judicial areas.
BACKGROUND CHECK STATEMENT Some positions may require a criminal background check which can include fingerprinting due to the nature of the job’s responsibilities. Wisconsin’s Fair Employment Law, s. 111.31 – 111.395, Wis. Stats., prohibits discrimination because of an arrest or conviction record. However, Dane County may disqualify an applicant if the position’s responsibilities are substantially related to the applicant’s criminal history (e.g., the nature of the crime and its relationship to the position, whether hiring, transferring or promoting an applicant would pose an unreasonable risk to the business, its employees, customers and vendors, etc.) Management reserves the right to make employment contingent upon successful completion of the background check.
FOR BILINGUAL POSITIONS
Provide services in both English and the required foreign language (e.g., Spanish, Arabic, Hmong, etc.).
Applicants being considered for bilingual positions will be tested during the recruitment process prior to employment. This will primarily consist of passing an oral language proficiency assessment from English to foreign language and foreign language to English, but may require additional language testing, such as written translation, if it is an essential function of the job.
*If applicable, individuals may confirm with the Employee Relations Division whether results of bilingual language certifications/ examinations they currently hold qualify them for the position’s bilingual designation.
PHYSICAL AND ENVIRONMENTAL WORK REQUIREMENTS Courtroom and professional office work environment. Work involves walking, sitting, standing, bending, stooping, twisting, turning, lifting, carrying, pushing, pulling, grasping, and reaching within normal ranges. Ability to lift and move a variety of work-related materials weighing up to 25 pounds (with/without assistance). Prolonged computer and phone use. Manual dexterity using fine and gross motor skills. Ability to speak and be heard by others. Ability to see and hear within normal ranges with or without corrective devices.
KNOWLEDGE, SKILLS AND ABILITIES Extensive knowledge of all Wisconsin State Statutes applicable to the Circuit Court Commissioner duties; extensive knowledge of state and federal constitutional law; extensive knowledge of criminal and civil judicial and quasi‑judicial procedures; working knowledge of office administration methods and practices; possession of effective oral and written communication skills; ability to analyze legal documents and instruments; ability to deal effectively with officials, attorneys and the public; ability to conduct judicial proceedings such as initial appearances; ability to conduct conciliatory conferences; ability to manage cases in order to expedite case processing; ability to utilize alternative means of appearance in proceedings, such as telephone or video; ability to exercise professional judgment in making those decisions authorized by the Statutes and the Chief Judge.
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