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Fines and Fees

	State	Statute	Description/Statute Name	Statutory language	Amount	Level of offense	Mandatory	Imposed by	Delegation of authority
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § 814.60(1)	Court clerk's fees	In a criminal action, the clerk of circuit court shall collect a fee of $163 for all necessary filing, entering, or recording, to be paid by the defendant when judgment + See more is entered against the defendant. Of the fees received by the clerk of circuit court under this subsection, the county treasurer shall pay 93.87 percent to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the county.	$163 Cost of all necessary filing, entering, or recording	All	Yes	Court	N/A
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § 814.65(1)	Municipal court fees	In a municipal court action, except for a financial responsibility violation under s. 344.62 (2) or for a violation of an ordinance in conformity with s. 343.51 (1m) (b) or + See more 347.48 (2m), the municipal judge shall collect a fee of not less than $15 nor more than $38 on each separate matter, whether it is on default of appearance, a plea of guilty or no contest, on issuance of a warrant or summons, or the action is tried as a contested matter. Of each fee received by the judge under this subsection, the municipal treasurer shall pay monthly $5 to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the municipality.	$15 - $38 Court costs	All	Yes	Court	N/A
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § 814.65(4m)(a); Wis. Stat. § 814.65(4m)(b)	Blood test fee	(a) Except as provided in par. (d), if a defendant is required to appear in municipal court, in addition to any forfeiture, costs, fees, or surcharges it imposes, the municipal + See more court shall impose and collect from the defendant any costs charged to or paid by a law enforcement agency for the withdrawal of the defendants blood if the court finds that the defendant violated a local ordinance in conformity with s. 23.33 (4c), 23.335 (12) (a) or (b), 30.681, 114.09, 346.63, or 350.101. (b) Except as provided in par. (d), if at the time the court finds that the defendant committed the violation, the law enforcement agency has not paid or been charged with the costs of withdrawing the defendants blood, the court shall impose and collect the costs the law enforcement agency reasonably expects to be charged for the withdrawal, based on the current charges for this procedure.	Applies to costs charged to or paid by a law enforcement agency	All	Yes	Court	N/A
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § 814.67	Witness and interpreters fees	(1)(a) For attending before a municipal judge, an arbitrator, or any officer, board or committee: 1. For witnesses, $5 per day. 2. For interpreters, $10 per one?half day or such + See more higher fees as the municipality or county board may establish. (am) For witnesses attending before a circuit court, $16 per day. (b) For attending before the court of appeals or the supreme court: 1. For witnesses, $16 per day. 2. For interpreters, a fee determined by the supreme court. (bg) For interpreters assisting the state public defender in representing an indigent in preparing for court proceedings, $35 per one?half day. (c) 1. For a witness, the rate of 20 cents per mile for either of the following: a. Traveling from his or her residence to the place of attendance, and returning by the usually traveled route between such points if his or her residence is within the state. b. Traveling from the point where he or she crosses the state boundary to the place of attendance and returning by the usually traveled route between such points if his or her residence is outside the state. 2. a. Except as provided in subd. 2. b., for an interpreter, the mileage rate set under s. 20.916 (8) for traveling from his or her residence to the place of attendance and returning by the usually traveled route between such points. b. For an interpreter traveling to the place of attendance from his or her place of residence outside the state, the number of miles between the interpreters residence and the point at which he or she crosses the state boundary for which the interpreter may receive reimbursement under this subdivision may not exceed 100 miles each way, following the usually traveled route between such points. (2) A witness or interpreter is entitled to fees only for the time he or she is in actual and necessary attendance as such; and is not entitled to receive pay in more than one action or proceeding for the same attendance or travel on behalf of the same party. A person is not entitled to fees as a witness or interpreter while attending court as an officer or juror. An attorney or counsel in any cause may not be allowed any fee as a witness or interpreter therein.	For municipal courts, arbitrators, any officer, board, or committee: $5 per day for witnesses, $10 per one-half day; For circuit courts: $16 + See more per day for witnesses, N/A for interpreters; For court of appeals or the supreme court: $16 per day for witnesses, $35 per day for interpreters assisting the state public defender in representing an indigent defendant; For witness traveling from his or her residence to the court, whether within the state or outside the state: 20¢ per mile traveled. For municipal courts, arbitrators, or any officer board or committee, daily rate of the interpreter fee may be increased beyond $10 by the municipality or county board; otherwise, there is no maximum amount for fees imposed under this statute.	All	Yes	Court	N/A
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § 814.69(a)	Court reporter's fees	(a) For a transcript under SCR 71.04, a fee at the rate of $1.50per 25?line page for the original and 50 cents per 25?line page for the duplicate. Except as + See more provided in s. 967.06 (3), the fee shall be paid by the county treasurer upon the certificate of the clerk of court.	$1.50 per 25-line page for the original and 50¢ per 25-line page for the duplicate	All	Yes	Court	N/A
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § 814.70	Sheriff's fees	The sheriff shall collect the fees under this section. The fees are set as follows, unless a higher fee is established under s. 814.705:	$0 - $60 Service of process: $12 for each defendant (if multiple defendants reside at + See more the same address, then $6 per defendant); serving execution on a judgment demanding payment or other writ not provided for: $12; travel for serving any criminal process: 25¢ per mile necessarily traveled (in counties with a population less than 500,000), $4 dollars for each person served within the county plus 25¢ per mile traveled (in counties with a population greater than 500,000); collection of money: 10% of the first $300 owed, 5% of the next $300, 3% on any excess over $600; making copies of any documents served or taken: $1 per page; advertising personal property: $1.50; evictions: $8 for serving any writ or other process with aid from the county, $10 per hour for each deputy assigned to inventory the property when seizing the property on attachment, replevin, execution or eviction; sales of real estate: $50, $25 of which is prepaid and nonrefundable; possession and storage of personal property: any just and reasonable fee for expenses incurred by sheriff; printing advertisements: all fees "allowed by law"; notices of sale: $4 for the first posting and $2 for each subsequent posting.	All	Yes	Court	Yes -- through Wis. Stat. § 814.705 (Governing body may establish higher fees). A county board may establish higher fees for collection by sheriff.
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § 814.71	City police, constables, and village marshals' fees	City police, constables and village marshals shall collect the same fees as those prescribed for sheriffs in s. 814.70 for similar services subject to any modification applicable under s. 814.705.	Identical to sheriff's fees	All	Yes	Court	Yes -- through Wis. Stat. § 814.705 (Governing body may establish higher fees). A village board may establish higher fee for collection by constable; a town board may establish higher + See more fees for collection by town constable or police
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § 814.72	Appraiser's fees	For appraisals under s. 815.19, each appraiser shall collect a fee of $8, plus $10 per hour.	$8 - $0 $8 plus $10 per hour + See more	All	Yes	Court	N/A
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § 29.99(1)	Wildlife violator compact surcharge	(1) If a court imposes a fine or forfeiture for a violation of a provision of this chapter or an order issued under this chapter, the court shall impose a + See more wildlife violator compact surcharge under ch. 814 equal to $5 for the violation.	$5.00 - $5.00	All	Yes	Court	N/A
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § 29.983	Wild animal protection surcharge	The amount of the wild animal protection surchargeimposed under ch. 814 shall be as follows: 1. For any wild animal that is an endangered species protected under s. 29.604, $875. 1m. Any elk, + See more $2,000. 2. For any moose, fisher, prairie chicken, or sand hill crane, $262.50. 3. For any bear, wild turkey or wild swan, $175. 4. For any bobcat, fox, wolf, beaver, or otter, $87.50. 5. For any deer, coyote, raccoon or mink, $43.75. 6. For any sharp?tailed grouse, ruffed grouse, spruce hen, wild duck, coot, wild goose or brant, $26.25. 7. For any pheasant, gray partridge, quail, rail, Wilsons snipe, woodcock or shore bird, or protected song bird or harmless bird, $17.50. 8. For any muskrat, rabbit or squirrel, $8.75. 9. For any muskellunge or lake sturgeon, $43.75. 10. For any largemouth or smallmouth bass, $26.25. 11. For any brook, rainbow, brown, or steel head trout, $26.25. 12. For any walleye pike, northern pike, or any other game fish not mentioned in subds. 9. to 11., $8.75. 13. For any game or fur?bearing animal or bird not mentioned in subds. 1m. to 8., $17.50.	Varies based on the wild animal that was unlawfully killed	All	No	Court	N/A

Poverty Penalties and Poverty Traps

	State	Statute	Description/Statute Name	Statutory language	Type of poverty penalty or poverty trap	Level of offense	Mandatory
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § 973.20(10)(a)	Restitution	(10) (a) The court may require that restitution be paid immediately, within a specified period or in specified installments. If the defendant is placed on probation or sentenced to imprisonment,the + See more end of a specified period shall not be later than the end of any period of probation, extended supervision or parole. If the defendant is sentenced to the intensive sanctions program, the end of a specified period shall not be later than the end of the sentence under s. 973.032 (3) (a). (b) The department or the clerk of court may certify an amount owed under par. (a) to the department of revenue if any of the following apply: 1. The court required that restitution be paid immediately and more than 30 days have passed since the order was entered. 2. The court required that restitution be paid within a specified period and more than 30 days have passed since the expiration of that period. 3. The court required that restitution be paid in specified installments and the defendant is delinquent in making any of those payments.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § 973.07	Failure to pay fine, fees, surcharges, or costsor to comply with certain community service work.	If the fine, plus costs, fees, and surcharges imposed under ch. 814, are not paid or community service work under s. 943.017 (3) is not completed as required by the + See more sentence, the defendant may be committed to the county jail until the fine, costs, fees, and surcharges are paid or discharged, or the community service work under s.943.017 (3) is completed, for a period fixed by the court not to exceed 6 months.	Incarceration	All	No
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § 973.05(4)(a)	Fines ("Judgment of unpaid amount by court")	(4) If a defendant fails to pay the fine, surcharge, costs, or fees within the period specified under sub. (1) or (1m), the court may do any of the following:(a) + See more Issue a judgment for the unpaid amount and direct the clerk to file and docket a transcript of the judgment, without fee. If the court issues a judgment for the unpaid amount, the court shall send to the defendant at his or her last?known address written notification that a civil judgment has been issued for the unpaid fine, surcharge, costs, or fees. The judgment has the same force and effect as judgments docketed under s. 806.10.	Increased fine	All	No
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § 973.05(4)(b)	Fines ("Wage/benefits garnishment")	(4) If a defendant fails to pay the fine, surcharge, costs, or fees within the period specified under sub. (1) or (1m), the court may do any of the following: + See more (b) Issue an order assigning not more than 25 percent of the defendants commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102, and other money due or to be due inthe future to the clerk of circuit court for payment of the unpaid fine, surcharge, costs, or fees. In this paragraph, employer includes the state and its political subdivisions.	Wage/bank account garnishment	All	No
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § 973.05(4)(c)	Fines ("Garnishment of lottery winnings")	(4) If a defendant fails to pay the fine, surcharge, costs, or fees within the period specified under sub. (1) or (1m), the court may do any of the following: + See more (c) Issue an order assigning lottery prizes won by a defendant whose name is on the list supplied to the clerk of circuit court under s. 565.30 (5r) (a), for payment of the unpaid fine, surcharge, costs, or fees.	Wage/bank account garnishment	All	No
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § 800.095(1)(a)	Nonpayment of monetary judgment	(a) Suspension of the defendants operating privilege until the defendant pays the judgment, but not to exceed one year. If the court orders suspension under this paragraph, all of the + See more following apply: 1. The court shall notify the department of transportation of the suspension for failure to pay the judgment. If the defendant pays the judgment, the court shall notify the department of transportation of the payment within 7 days in the form and manner prescribed by the department. 2. The court may order the suspension concurrent or consecutive to any other suspensions or revocations. If the court fails to specify whether the suspension is consecutive or concurrent, the department of transportation shall implement the suspension concurrent with any other suspensions or revocations. 3. If the judgment remains unpaid at the end of the one?year suspension, the court may not order a further suspension of operating privileges in relation to the outstanding judgment. 3m. If the court terminates the defendants suspension as the result of the defendants agreement to a payment plan or community service and the defendant is later suspended because he or she defaults on that plan or service, the new suspension shall be reduced by the amount of time that the suspension was served before being terminated by the court. 4. Serving the complete one?year suspension of the defendants operating privilege does not relieve the defendant of the responsibility to pay the judgment. 5. During the period of operating privilege suspension under this paragraph, the defendant may request the court to reconsider the order of suspension based on an inability to pay the judgment because of poverty, as that term is used in s. 814.29 (1) (d). The court shall consider the defendants request. If the court determines that the inability to pay the judgment is because of poverty, the court shall withdraw the suspension and grant the defendant further time to pay or withdraw the suspension and order one or more other sanctions set forth in this subsection, including community service. 6. This paragraph does not apply if the judgment was entered solely for a violation of an ordinance unrelated to the violators operation of a motor vehicle unless the judgment is ordered under ch. 938. Nonmoving traffic offenses, as defined in s. 345.28 (1)(c), are related to the violators operation of a motor vehicle.	Driver's license suspension/impoundment	All	No
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § 800.095(1)(b)	Nonpayment of monetary judgment	(b) 1. That the defendant be imprisoned until the forfeiture, assessments, surcharge, and costs are paid. If the court orders imprisonment under this subdivision, all of the following apply: a. + See more The maximum period of imprisonment shall be 90 days for any one judgment, and the defendant shall receive credit against the amount owed at the rate of at least $50 for each day of imprisonment, including imprisonment following an arrest but prior to the court making a finding under subd. 2. b. The court may impose a term of imprisonment under this subdivision that is either concurrent with or consecutive to any other term of imprisonment imposed at the same time or any term of imprisonment imposed by any court. 2. No defendant may be imprisoned under subd. 1. unless the court makes one of the following findings: a. Either at sentencing or thereafter, that the defendant has the ability to pay the judgment within a reasonable time. If a defendant meets the criteria in s. 814.29 (1) (d), the defendant shall be presumed unable to pay under this subsection and the court shall either suspend or extend payment of the judgment or order community service. b. The defendant has failed, without good cause, to perform the community service authorized under this subsection or s.800.09. c. The defendant has failed to attend an indigence hearing offered by the court to provide the defendant with an opportunity to determine whether he or she has the ability to pay the judgment. d. The defendant has failed, without good cause, to complete an assessment or treatment program related to alcohol or drugs that was ordered in lieu of a monetary forfeiture. 3. a. Except as provided in subd. 3. b., the defendant shall be committed to a jail or a house of correction in the county in which the cause of action arose. b. The defendant may be committed to the jail in another county within or outside of the state if the other county borders the county in which the cause of action arose, and the monthly expenses charged to the municipality by the other county to imprison the defendant are at least 25 percent less than the monthly expenses charged by the county in which the cause of action arose, and the other county agrees to having the defendant committed to the jail in that county. c. The defendant shall be eligible for privileges under s.303.08 or a similar program in the other county if committed under subd. 3. b. The municipality shall pay the expenses incurred by the county to imprison the defendant.	Incarceration	All	No
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § 800.035(2)(a)(4)	Initial Appearance in Municipal Court	(2) If a defendant appears in person, all of the following shall occur:(a) The court shall, either orally or in writing, do all of the following: 4. Inform the + See more defendant that if he or she is unable to pay the forfeiture, costs, fees, or surcharges due to poverty, he or she may request an installment payment, community service, or a stay of the judgment.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § 757.66	Recovery of legal fees paid for indigent defendants	Whenever a county or the state has paid for legal representation of an indigent defendant and the county board or the department of justice so requires, the clerk of the + See more court where representation for the indigent was appointed shall prepare, sign and record in the office of the register of deeds a certificate stating the name and residence of the indigent beneficiary, the amount paid by the county or the state for his or her legal representation, the date when paid, the court and county in which the case was heard and such other information as the county board directs. If a certificate is recorded within 6 months after payment is made by the county or the state it may, within the time after the recording provided by s. 893.86, commence an action to recover from the indigent defendant, or his or her estate if the action is commenced within the time set for filing claims by creditors, the amount paid by the county or the state for his or her legal representation. In any such action ss. 859.02 and 893.86, so far as applicable, may be pleaded in defense. The claim shall not take precedence over the allowances in ss. 861.31, 861.33 and 861.35. The district attorney or the department of justice, as applicable, shall commence and prosecute all actions and proceedings necessary under this section to make the recovery when it appears that the indigent defendant or his or her estate is able to pay the claim.	Other	All	Yes

Ability to Pay

	State	Statute	Description/Statute Name	Statutory language	Level of offense	Definition of ability to pay	Timeline	Burden of proof	Method of determination	Mandatory	Remedies if unable to pay
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § 814.67(bg)	Witnesses fee for indigent defendants	(bg) For interpreters assisting the state public defender in representing an indigent in preparing for court proceedings, $35 per one?half day.	All	Not provided for	Not provided for	Not provided for	Not provided for	Yes	Not provided for
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § 973.055(4)	Domestic abuse surcharge waiver	(4) A court may waive part or all of the domestic abuse surcharge under this section if it determines that the imposition of the full surcharge would have a negative + See more impact on the offenders family.	All	Not provided for	Not provided for	Not provided for	Not provided for	No	Not provided for
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § 977.06	Determination of Indigence	(1) DUTIES. The state public defender shall determine whether persons are indigent and shall establish a system to do all of the following: (a) Verify the information necessary to determine indigence + See more under rules promulgated under s. 977.02 (3). The information provided by a person seeking assigned counsel that is subject to verification shall include any social security numbers provided on an application under sub. (1m), income records, value of assets, eligibility for public assistance, and claims of expenses. (b) Redetermine indigence during the course of representation of persons receiving representation. (c) Record the amount of time spent on each case by the attorney appointed under s. 977.08. (d) Collect for the cost of representation from persons who are indigent in part or who have been otherwise determined to be able to reimburse the state public defender for the cost of providing counsel. (1m) APPLICATION FOR REPRESENTATION. The state public defender shall request each person seeking to have counsel assigned for him or her under s. 977.08, other than a child who is entitled to be represented by counsel under s. 48.23 or 938.23, to provide the state public defender with his or her social security number and the social security numbers of his or her spouse an dependent children, if any. (2) VERIFICATIONS. (a) A person seeking to have counsel assigned for him or her under s. 977.08, other than a person who is entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, shall sign a statement declaring that he or she has not disposed of any assets for the purpose of qualifying for that assignment of counsel. If the representative or authority making the indigence determination finds that any asset was disposed of for less than its fair market value for the purpose of obtaining that assignment of counsel, the asset shall be counted under rules promulgated under s. 977.02 (3) at its fair market value at the time it was disposed of, minus the amount of compensation received for the asset. (am) A person seeking to have counsel assigned for him or her under s. 977.08, other than a person who is entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, shall sign a statement declaring that the information that he or she has given to determine eligibility for assignment of counsel he or she believes to be true and that he or she is informed that he or she is subject to the penalty under par. (b). (b) A person who makes a false representation that he or she does not believe is true for purposes of qualifying for assignment of counsel is guilty of a Class I felony. (3) REDETERMINATIONS. (a) Unless the court has made an adjustment under s. 973.06 (1) (e), upon determination at the conclusion of a case that a persons financial circumstances are changed, the state public defender may adjust the amount of payment for counsel. (b) The state public defender may petition a court that ordered payment under s. 757.66, 973.06 (1) (e) or 977.076 (1) to modify an order or judgment to adjust the amount of payment or the scheduled amounts at any time. (c) Except as provided in ss. 48.275 (2) (b) and 938.275 (2) (b), an adjustment under this subsection shall be based on the persons ability to pay and on the fee schedule established by the board under s. 977.075 (3).	All	Unspecified	At defendant's request before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	No	Public defender services are funded 100% through the state of Wisconsin. KNOW YOUR STATE, SIXTH AMENDMENT CTR. (Last visited Jan. 29, 2017), http://sixthamendment.org/state-indigent-defense-systems/ .
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § 973(3)	Community Service in lieu of fine	(3) (a) In lieu of part or all of a fine imposed by a court, the court may stay the execution of part or all of the sentence and provide + See more that the defendant perform community service work under pars. (b) and (c). Any applicable driver improvement surcharge under s. 346.655, any safe ride program surcharge under s. 346.657, or any domestic abuse surcharge under s. 973.055 shall be imposed under ch. 814 regardless of whether part or all of the sentence has been stayed. If the defendant fails to comply with the community service order, the court shall order the defendant brought before the court for imposition of sentence. If the defendant complies with the community service order, he or she has satisfied that portion of the sentence. (b) The court may require that the defendant perform community service work for a public agency or a nonprofit charitable organization. The number of hours of work required may not exceed what would be reasonable considering the seriousness of the offense and any other offense which is read into the record at the time of conviction. An order may only apply if agreed to by the defendant and the organization or agency. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored. (c) Any organization or agency acting in good faith to which a defendant is assigned pursuant to an order under this subsection has immunity from any civil liability in excess of $25,000 for act or omissions by or impacting on the defendant.	All	Not specified. In the discretion of the court at time of sentencing under this statute.	Not provided for	Not provided for	Not provided for	No	Defendant must complete a number of hours of community service work. The number of hours is determined by the court and should not exceed what would be reasonable given the + See more severity of the crime.
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § 938.235(8)(b)	Compensation for guardian ad litem	The court may order either or both of the parents of a juvenile for whom a guardian ad litem is appointed under this chapterto pay all or any part of + See more the compensation of the guardian ad litem. Upon motion by the guardian ad litem, the court may order either or both of the parents of the juvenile to pay the fee for an expert witness used by the guardian ad litem, if the guardian ad litem shows that the use of the expert is necessary to assist the guardian ad litem in performing his or her functions or duties under this chapter. If one or both of the parents are indigent or if the court determines that it would be unfair to a parent to require him or her to pay, the court may order the county of venue to pay the compensation and fees, in whole or in part. If the court orders the county of venue to pay, the court may also order either or both of the parents to reimburse the county, in whole or in part, for the payment.	All	Not specified.	Not provided for	Not provided for	Determined by judge without hearing	No	The court may order the county of venue to pay instead.
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § 814.29(1)	Security for costs, service and fees for indigents	1) (a) Except as provided in sub. (1m), any person may commence, prosecute or defend any action or special proceeding in any court, or any writ of error or appeal + See more therein, without beingrequired to give security for costs or to pay any service or fee, upon order of the court based on a finding that because of poverty the person is unable to pay the costs of the action or special proceeding, or any writ of error or appeal therein, or to give security for those costs. (b) A person seeking an order under par. (a) shall file in the court an affidavit in the form prescribed by the judicial conference, setting forth briefly the nature of the cause, defense or appeal and facts demonstrating his or her poverty. (c) The finding and order of the court under par. (a) shall be in the form prescribed by the judicial conference. The court may deny the request for an order if the court finds that the affidavit states no claim, defense or appeal upon which the court may grant relief. (d) The court shall make a finding of poverty and issue an order under par. (a) if the affidavit demonstrates any of the following: 1. That the person is a recipient of means?tested public assistance, including aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under s. 59.53 (21), medical assistance, supplemental security income, food stamps or benefits received by veterans under s. 45.40 (1m) or under 38 USC 501 to 562 [38 USC 1501 to 1562]. 2. That the person is represented by an attorney through a legal services program for indigent persons, including, without limitation, those funded by the federal legal services corporation, the state public defender or volunteer attorney programs based on indigence. 3. That the person is otherwise unable, because of poverty, to pay the costs of the action, proceeding or appeal or to give security for those costs. In determining the persons ability under this subdivision to pay or give security for fees and costs, the court shall consider the persons household size, income, expenses, assets and debts and the federal poverty guidelines under 42 USC 9902 (2).	All	In determining the persons ability under this subdivision to pay or give security for fees and costs, the court shall consider the persons household size, income, expenses, assets and debts + See more and the federal poverty guidelines under 42 USC 9902 (2).	Not provided for	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Not provided for
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § 800.09(1g)	Judgment	The court may defer payment of any judgment or provide for installment payments. At the time that the judgment is rendered, the court shall inform the defendant, orally and in + See more writing, of the date by which restitution and the payment of the forfeiture, plus costs, fees, and surcharges imposed under ch. 814, must be made, and of the possible consequences of failure to do so in timely fashion, including imprisonment, as provided in s.800.095, or suspension of the defendants motor vehicle operating privilege, as provided in sub. (1b) (c), if applicable. In addition, the court shall inform the defendant, orally and in writing, that the defendant should notify the court if he or she is unable to pay the judgment because of poverty, as that term is used in s. 814.29 (1)(d), and that he or she may request community service in lieu of payment of the judgment. If the defendant is not present, the court shall ensure that the information is sent to the defendant by mail. If the defendant is present and the court, using the criteria in s. 814.29 (1) (d), determines that the defendant is unable to pay the judgment because of poverty, the court shall provide the defendant with an opportunity to pay the judgment in installments, taking into account the defendants income, or to perform communityservice in lieu of payment of the judgment. In 1st class cities, all of the written information required by this subsection shall be printed in English and Spanish and provided to each defendant.	All	Not specified.	Before imposition of fine or fee	Not provided for	Other	No	The court may impose community service if the defendant is unable to complete payment of the judgment

Transparency

	State	Statute	Description/Statute Name	Statutory language	Type of obligation	Actor
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § 967.04(8)(a)	Depositions in criminal proceedings	(8) (a) If the court orders a deposition under sub. (7), the judge shall preside at the taking of the deposition and enforce compliance with the applicable provisions of ss. + See more 885.44 to 885.47. Notwithstanding s. 885.44 (5), counsel may make objections and the judge shall make rulings thereon as at trial. The clerk of court shall keep the certified original recording of a deposition taken under sub. (7) in a secure place. No person may inspect or copy the deposition except by order of the court upon a showing that inspection or copying is required for editing under s. 885.44 (12) or for the investigation, prosecution or defense of the action in which it was authorized or the provision of services to the child.	Obligation to collect or record	All courts
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § 59.40(2)(im)	County Clerk of the Court	The clerk of circuit court shall Keep a record of all payments ordered by the court under s. 973.05 (4) or 778.30 (1) to be paid to the clerk of + See more circuit court.	Obligation to collect or record	County
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § 19.35(1)(a); Wis. Stat. § 19.35(1)(am)	Access to records; fees	(1) RIGHT TO INSPECTION. (a) Except as otherwise provided by law, any requester has a right to inspect any record. Substantive common law principles construing the right to inspect, copy + See more or receive copies of records shall remain in effect. The exemptions to the requirement of a governmental body to meet in open session under s. 19.85 are indicative of public policy, but may be used as grounds for denying public access to a record only if the authority or legal custodian under s. 19.33 makes a specific demonstration that there is a need to restrict public access at the time that the request to inspect or copy the record is made. (am) In addition to any right under par. (a), any requester who is an individual or person authorized by the individual has a right to inspect any personally identifiable information pertaining to the individual in a record containing personally identifiable information that is maintained by an authority and to make or receive a copy of any such information. The right to inspect or copy information in a record under this paragraph does not apply to any of the following: 1. Any record containing personally identifiable information that is collected or maintained in connection with a complaint, investigation or other circumstances that may lead to an enforcement action, administrative proceeding, arbitration proceeding or court proceeding, or any such record that is collected or maintained in connection with such an action or proceeding. 2. Any record containing personally identifiable information that, if disclosed, would do any of the following: a. Endanger an individuals life or safety. b. Identify a confidential informant. c. Endanger the security, including the security of the population or staff, of any state prison under s. 302.01, jail, as defined in s. 165.85 (2) (bg), juvenile correctional facility, as defined in s. 938.02 (10p), secured residential care center for children and youth, as defined in s. 938.02 (15g), mental health institute, as defined in s. 51.01 (12), center for the developmentally disabled, as defined in s. 51.01 (3), or facility, specified under s. 980.065, for the institutional care of sexually violent persons. d. Compromise the rehabilitation of a person in the custody of the department of corrections or detained in a jail or facility identified in subd. 2. c. 2m. The actual address, as defined in s. 165.68 (1) (b), of a participant in the program established in s. 165.68.	Obligation to respond to public records requests	All courts

Collections Infrastructure

	State	Statute	Description/Statute Name	Statutory language	Who may collect
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § 757.05(1)(b)	Penalty surcharge	(b) If a fine or forfeiture is imposed by a court of record, after a determination by the court of the amount due, the clerk of the court shall collect + See more and transmit the amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration as provided in s.59.25 (3) (f) 2.	All courts
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § 755.21	Collection	The governing body or court may contractwith a collection agency for the collection of unpaid forfeitures, assessments, and surcharges under s. 66.0114 (1) (a). Collection under this section may not + See more begin until the court refers the case to the collection agency. The contract shall provide that the collection agency shall be paid from the proceeds recovered by the collection agency. For each violation for which a forfeiture, assessment, or surcharge is imposed, the municipal court shall determine the amount to be distributed to each entity under s. 66.0114 (1) (bm) and (3) (b) and (c) as follows: (1) Calculate the percentage of the total violation amount to which the entity is entitled before the collection agency is paid. (2) Subtract from the amount collected for the violation the amount paid to the collection agency to collect the violation amount. (3) Multiply the remainder under sub. (2) by the percentage under sub. (1).	Private actors

Revenue Flow

	State	Statute	Description/Statute Name	Statutory language	Who receives the funding	Other beneficiaries	Level of offense
Add to Dashboard + Create New	Wisconsin	Wis. Stat. Â§ 814.60(1)	Court clerk's fees	...Of the fees received by the clerk of circuit court under this subsection, the county treasurer shall pay 93.87 percent to the secretary of administration for deposit in the general + See more fund and shall retain the balance for the use of the county.	All courts	N/A	All
Add to Dashboard + Create New	Wisconsin	Wis. Stat. Â§ 814.65(1)	Fees of the municipal court	...Of each fee received by the judge under this subsection, the municipal treasurer shall pay monthly $5 to the secretary of administration for deposit in the general fund and shall + See more retain the balance for the use of the municipality.	All courts	N/A	All
Add to Dashboard + Create New	Wisconsin	Wis. Stat. Â§ 814.65(4m)(c)	Blood test fee	The court shall disburse the amounts it collects under thissubsection to the law enforcement agency that requested the blood withdrawal.	Law enforcement	N/A	All
Add to Dashboard + Create New	Wisconsin	Wis. Stat. Â§ 29.99(4)	Wildlife violator compact surcharge	The clerk of the court shall collect and transmit to the county treasurer the wildlife violator compact surcharge and other amounts required under s. 59.40 (2) (m). The county treasure + See more shall then make payment to the secretary of administration as provided in s. 59.25 (3) (f) 2. The secretary of administration shall deposit the amount of the wildlife violator compact surcharge inthe conservation fund.	State/statewide agency	Conservation fund	All
Add to Dashboard + Create New	Wisconsin	Wis. Stat. Â§ 29.983(2)	Wild animal protection surcharges	The secretary of administration shall deposit the moneys collected under this section into the conservation fund.	State/statewide agency	Conservation fund	All
Add to Dashboard + Create New	Wisconsin	Wis. Stat. Â§ 29.984(1)(f); Wis. Stat. Â§ 29.984(2)	Commercial fish protection surcharge	(1)(f) The clerk of court shall collect and transmit to the county treasurer the commercial fish protection surcharge and other amounts required under s. 59.40 (2) (m). The county treasurer + See more shall then make payment to the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit the amount of the commercial fish protection surcharge in the conservation fund. (2) All moneys collected from commercial fish protection surcharges shall be credited to the appropriation under s. 20.370 (4) (kr).	State/statewide agency	Research programs relating to Great Lake fish	All
Add to Dashboard + Create New	Wisconsin	Wis. Stat. Â§ 29.985(2)	Fishing shelter removal surcharge	All moneys collected from fishing shelter removal surcharges shall be deposited in the conservation fund.	State/statewide agency	Conservation fund	All
Add to Dashboard + Create New	Wisconsin	Wis. Stat. Â§ 29.987(1)(d); Wis. Stat. Â§ 29.987(2)	Natural resources surcharge	(1)(d) The clerk of the court shall collect and transmit to the county treasurer the natural resources surcharge and other amounts required under s. 59.40 (2) (m). The county treasurer + See more shall then make payment to the secretary of administration as provided in s. 59.25 (3) (f) 2. The secretary of administration shall deposit the amount of the natural resources surcharge in the conservation fund. (2) All moneys collected from natural resources surcharges shall be credited to the appropriation under s. 20.370 (3) (mu).	Law enforcement	Environmental impact initiatives	All
Add to Dashboard + Create New	Wisconsin	Wis. Stat. Â§ 29.989(1)(d); Wis. Stat. Â§ 29.989(2)	Natural resources restitution surcharge	(d) The clerk of the court shall collect and transmit to the county treasurer the natural resources restitution surcharge and other amounts required under s. 59.40 (2) (m). The county + See more treasurer shall then make payment to the secretary of administration as provided in s. 59.25 (3) (f) 2. The secretary of administration shall deposit the amount of the natural resources restitution surcharge in the conservation fund. (2) All moneys collected from natural resources restitution surcharges shall be appropriated for use under s. 20.370 (3) (mu).	Law enforcement	Environmental impact initiatives	All
Add to Dashboard + Create New	Wisconsin	Wis. Stat. Â§ 29.9905(1)(d); Wis. Stat. Â§ 29.9905(2)	Great Lakes resources surcharge	(d) The clerk of the court shall collect and transmit to the county treasurer the Great Lakes resource surcharge and other amounts required under s. 59.40 (2) (m). The county + See more treasurer shall then make payment to the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit the amount of the Great Lakes resource surcharge in the conservation fund. (2) All moneys collected from Great Lakes resource surcharges shall be credited to the appropriation under s. 20.370 (4) (kr).	State/statewide agency	Research programs relating to Great Lake fish	All

Court Rules

	State	Citation	Description/Statute Name	Language from the rule	When does the rule apply?
Add to Dashboard + Create New	Wisconsin	$163	Court clerk's fees	$163
Add to Dashboard + Create New	Wisconsin	$15	Municipal court fees	$38
Add to Dashboard + Create New	Wisconsin	$0	Blood test fee	None
Add to Dashboard + Create New	Wisconsin	$0	Witness and interpreters fees	None	Fines and fees
Add to Dashboard + Create New	Wisconsin	$0	Court reporter's fees	None
Add to Dashboard + Create New	Wisconsin	$0	Sheriff's fees	$60	Fines and fees
Add to Dashboard + Create New	Wisconsin	$0	City police, constables, and village marshals' fees	None	Fines and fees
Add to Dashboard + Create New	Wisconsin	$8	Appraiser's fees	None
Add to Dashboard + Create New	Wisconsin	$5	Wildlife violator compact surcharge	$5
Add to Dashboard + Create New	Wisconsin	$0	Wild animal protection surcharge	None

Structure of Courts

	State	Statute	Description/Statute Name	Statutory language	Court/legal body	Function
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § Const. Art. 7, § 3	Supreme court jurisdiction	(1) The supreme court shall have superintending and administrative authority over all courts. (2) The supreme court has appellate jurisdiction over all courts and may hear original actions and proceedings. + See more The supreme court may issue all writs necessary in aid of its jurisdiction. (3) The supreme court may review judgments and orders of the court of appeals, may remove cases from the court of appeals and may accept cases on certification by the court of appeals.	Supreme Court	Jurisdiction of the courts
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § Const. Art. 7, § 5	Court of appeals jurisdiction	(1) The legislature shall by law combine the judicial circuits of the state into one or more districts for the court of appeals and shall designate in each district the + See more locations where the appeals court shall sit for the convenience of litigants. (2) For each district of the appeals court there shall be chosen by the qualified electors of the district one or more appeals judges as prescribed by law, who shall sit as prescribed by law. Appeals judges shall be elected for 6-year terms and shall reside in the district from which elected. No alteration of district or circuit boundaries shall have the effect of removing an appeals judge from office during the judge's term. In case of an increase in the number of appeals judges, the first judge or judges shall be elected for full terms unless the legislature prescribes a shorter initial term for staggering of terms. (3) The appeals court shall have such appellate jurisdiction in the district, including jurisdiction to review administrative proceedings, as the legislature may provide by law, but shall have no original jurisdiction other than by prerogative writ. The appeals court may issue all writs necessary in aid of its jurisdiction and shall have supervisory authority over all actions and proceedings in the courts in the district.	Courts of Appeals	Jurisdiction of the courts
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § Const. Art. 7, § 8	Circuit court jurisdiction	Except as otherwise provided by law, the circuit court shall have original jurisdiction in all matters civil and criminal within this state and such appellate jurisdiction in the circuit as + See more the legislature may prescribe by law. The circuit court may issue all writs necessary in aid of its jurisdiction. (emphasis added).	Circuit Courts	Jurisdiction of the courts
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § Const. Art. 7, § 14	Municipal court	The legislature by law may authorize each city, village and town to establish a municipal court. All municipal courts shall have uniform jurisdiction limited to actions and proceedings arising under + See more ordinances of the municipality in which established. Judges of municipal courts may receive such compensation as provided by the municipality in which established, but may not receive fees of office.	Municipal Courts	Jurisdiction of the courts
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § 938.02(2m)	Juvenile court	[For purposes of Wis. Stat. § 938, which governs the criminal juvenile system] Court, when used without further qualification, means the court assigned to exercise jurisdiction under this chapter and + See more ch. 48 or, when used with reference to a juvenile who is subject to s. 938.183, a court of criminal jurisdiction or, when used with reference to a juvenile who is subject to s. 938.17(2), a municipal court.	Juvenile Courts	Jurisdiction of the courts
Add to Dashboard + Create New	Wisconsin	Wis. Stat. § Const. Art. 7, § 4	Supreme court: elections, chief justice, court system administration	(1) The supreme court shall have 7 members who shall be known as justices of the supreme court. Justices shall be elected for 10-year terms of office commencing with the + See more August 1 next succeeding the election. Only one justice may be elected in any year. Any 4 justices shall constitute a quorum for the conduct of the court's business. (2) The chief justice of the supreme court shall be elected for a term of 2 years by a majority of the justices then serving on the court. The justice so designated as chief justice may, irrevocably, decline to serve as chief justice or resign as chief justice but continue to serve as a justice of the supreme court. (3) The chief justice of the supreme court shall be the administrative head of the judicial system and shall exercise this administrative authority pursuant to procedures adopted by the supreme court. The chief justice may assign any judge of a court of record to aid in the proper disposition of judicial business in any court of record except the supreme court.	Supreme Court	Creation of the courts
Add to Dashboard + Create New	Wisconsin	Outgamie Cty.Ct.R. Sec. 5	Family court rules	1. Family Court Matters: Family Court matters will consist of all actions affecting the family as enumerated in Section 767.02 of the Wisconsin Statutes. 2. Assignment of Judge to Family + See more Court: All Family Court matters except as indicated below will be heard by the Circuit Court assigned in accordance with the Circuit Court workload distribution rules. 3. Caption on Family Court Matters: All matters filed in Family Court shall be captioned: State of Wisconsin--Family Court--Outagamie County.	Family Courts	Creation of the courts

Case Law

	State	Citation	Question	Brief Answer	Language from the opinion	When does the case apply?
Add to Dashboard + Create New	Wisconsin	State v. Ramel, 743 N.W.2d 502, 510 (Wis. Ct. App. 2007).	Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof, + See more the sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).	None. Case law instructs courts to look to the guidelines listed in the American Bar Association's Standards on Sentencing Alternatives and Procedures.	The court "require[s] that the court, by reference to the relevant facts and factors, explain how the sentence's component parts promote the sentencing objectives. By stating this linkage on the + See more record, courts will produce sentences that can be more easily reviewed for a proper exercise of discretion." Id. at 507. In further reliance on its earlier holding in Pedersen, the Will court noted: In Pedersen, we set out the following procedure to be followed in cases where the defendant claims he is unable to pay a fine: (1) We encouraged trial courts to follow a practice of ascertaining the defendant's ability to pay a fine at the time of sentencing. At this time the court should determine an amount and payment schedule in keeping with the defendant's means. (2) If, thereafter, the defendant is unable to pay the fine imposed, he has the burden to apply to the court for relief. Will, 84 Wis.2d at 40304, 267 N.W.2d 357." "Kuechler was remanded to the trial court because the defendant's ability to pay the fine imposed *671 had not been determined, although he raised the issue in his post conviction motion, id., ¶ 13, and the court characterized as unsatisfactory the evidence in the record of inability to pay, id., ¶ 14. On remand, the trial court was reminded of the supreme court's instructions in Pedersen and Iglesias, which instructions relied upon the American Bar Association Standards on Sentencing Alternatives and Procedures: (c) In determining whether to impose a fine and its amount, the court should consider: (i) the financial resources of the defendant and the burden that payment of a fine will impose, with due regard to his other obligations; (ii) the ability of the defendant to pay a fine on an installment basis or on other conditions to be fixed by the court; (iii) the extent to which payment of a fine will interfere with the ability of the defendant to make any ordered restitution or reparation to the victim of the crime; and (iv) whether there are particular reasons which make a fine appropriate as a deterrent to the offense involved or appropriate as a corrective measure for the defendant." State v. Ramel, 743 N.W.2d 502, 510	Ability to pay
Add to Dashboard + Create New	Wisconsin	City of Milwaukee v. Kilgore, 517 N.W.2d 689, 697-98 (Wis. Ct. App. 1994)	Does the states separation of powers doctrine limit the ability of courts to impose or collect revenue?	Collections of fines and fees by the court are permitted so long as their collection is not "clearly illegal."	By enacting §§ 800.09 and 800.095, STATS., the legislature explicitly granted municipal courts the authority to suspend drivers' licenses. Whether that constitutes a lawful exercise of police power depends on + See more whether it is rationally related to furthering a proper public purpose. See State v. McManus, 152 Wis.2d 113, 130, 447 N.W.2d 654, 660 (Ct.App.1989). That is determined by a two-step analysis. First, we consider whether the statutes promote a proper public purpose. Id. Second, we determine whether the statutory scheme is reasonably related to the accomplishment of that purpose. City of Milwaukee v. Kilgore, 517 N.W.2d at 696-97. Courts must not interfere with the municipal exercise of police power unless the exercise is clearly illegal. J & N Corp. v. City of Green Bay, 28 Wis.2d 583, 585, 137 N.W.2d 434, 436 (1965). As the supreme court explained: Municipalities glean their powers from the state constitution and statutes. Under sec. 62.11(5), STATS., municipal legislative bodies are granted the power to act for the government and good order of the city, for its commercial benefit, and for the health, safety, and welfare of the public, and may carry out [their] powers by license, regulation, suppression, borrowing of money, tax levy, appropriation, fine, imprisonment, confiscation, and other necessary or convenient means. The powers hereby conferred shall be in addition to all other grants, and shall be limited only by express language. City of Milwaukee v. Kilgore at 697. Conceivably, this rule is applicable to all state and local courts in the state of Wisconsin.	Revenue flow
Add to Dashboard + Create New	Wisconsin	Will v. State, 267 N.W.2d 357, 359 (Wis. S. Ct. 1978).	Other applicable case law		[T]he Court held that the equal protection clause restricts the state's power to collect a fine from a defendant without the means to pay. We have previously held that: What + See more these cases (Williams, Morris, and Tate ) teach is that one who has been convicted of a crime and fined is not to be imprisoned in satisfaction of the fine or in lieu thereof if he is unable to pay the fine. State ex rel. Pedersen v. Blessinger, 56 Wis.2d 286, 289, 201 N.W.2d 778, 780 (1972). Under the Williams, Morris, and Tate rationale, no equal protection violation occurs when an indigent offender is originally sentenced to confinement; for when he is originally sentenced to confinement, he is being punished for the crime. But once a sentencing judge has determined a fine to be the appropriate penalty, a defendant who is incarcerated merely because he is without the means to pay the fine is being incarcerated not for the crime but for his poverty, and such incarceration is illegal. On the other hand, when an indigent defender upon whom a fine has been imposed lacks the diligence to meet a reasonable payment schedule, his refusal to pay the fine results from contumacy and not indigence, and incarceration is permissible to punish the refusal to pay. But once the sentencing court determines that a fine is an appropriate sanction under the circumstances and that the defendant has the ability to pay it, an indigent offender should be accorded a fair method of paying his fine. Though in Pedersen this court declined to require the trial court to use the installment method when dealing with indigent offenders holding that a future date for total payment in lieu of payment in installments is acceptable, some commentators on sentencing have observed that in almost every case imprisonment can be avoided by allowing the indigent to pay his fine over time. We encourage trial courts to use the installment method, since a simple installment checkoff system at the trial court level would not be difficult to establish. Id. at 360. [W]e find no authority, either in the statutes or our cases, for the permanent suspension of a sentence. As long as the defendant is afforded a reasonable payment schedule and as long as he is not imprisoned for his inability to pay the fine, we find no constitutional bar to the state's attempting to collect a fine for an indeterminate period of time. Id. at 361.	Enforcement

Attorney General Opinions

	State	Citation	Description/Statute Name	Question	Brief answer	Language from the opinion	When does the case apply?
Add to Dashboard + Create New	Wisconsin	1995 WL 264119 (Wis.A.G.)	Forfeitures	What authority does the state supreme court have to impose binding state-wide rules on the imposition or collection of fees and fines?	Unclear with regard to fines and fees, but uniformity regarding the recovery of forfeitures.	Section 799.01 provides in part: (b) Forfeitures. Actions to recover forfeitures except as a different procedure is prescribed in chs. 23, 66, 345 and 778, or elsewhere, and such different procedures + See more shall apply equally to the state, a county or a municipality regardless of any limitation contained therein.	Revenue flow