Commissioner changes in the works in Wisconsin.

• Author: Zemlicka, Jack

Byline: Jack Zemlicka

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...