Iron County Jail Criminal Court Process
Criminal Court Process for Iron County Wisconsin
Hurley, on the Montreal River across from Ironwood, Michigan, is the county seat of Iron County, and the courthouse on Taconite Street is home to the single-branch Iron County Circuit Court. Wisconsin's municipal courts handle only local ordinance tickets, and the state directory lists none for Iron County's cities or towns, so the circuit court generally takes those too. Crimes are prosecuted by the elected Iron County District Attorney. Adults who are arrested and kept in custody go to the Iron County Jail, run by the Sheriff in the same Hurley building, where cash bail can be posted.
- Iron County Circuit Court, Iron County Courthouse, 300 Taconite Street, Hurley, WI 54534; Clerk of Circuit Court (715) 561-4084
- Iron County District Attorney, 300 Taconite Street, Room 123, Hurley, WI 54534, (715) 561-5671
- Iron County Sheriff's Office, 300 Taconite Street, Suite 226, Hurley, WI 54534, (715) 561-2440
- Iron County Jail, 300 Taconite Street, Suite 226, Hurley, WI 54534, (715) 561-2440
- Wisconsin State Public Defender, Ashland office (serves Iron, Ashland and Bayfield counties), 411 Ellis Avenue South, Suite B, Ashland, WI 54806, (715) 436-5070
- Iron County Human Services Department (juvenile intake), Courthouse, 300 Taconite Street, Hurley, WI 54534, (715) 561-3636; after hours (715) 561-3800
Which court hears your case. Ordinance violations and first-offense OWI are civil forfeiture matters in Wisconsin, not crimes, unless a child under 16 was in the vehicle during the OWI. They are heard by the municipal court of the place where the ticket was issued if one exists there; with none listed in Iron County, they ordinarily go to the Iron County Circuit Court, and the citation names the court to contact. All misdemeanors and criminal traffic offenses, including a second OWI, are filed in that circuit court, whose one judge, assisted by a court commissioner, hears the criminal calendar. A felony case runs from initial appearance to preliminary hearing to trial in the same court.
Where pretrial inmates are held. The Sheriff operates the county's jail at the courthouse address in Hurley, and it receives adults arrested by deputies, Hurley police, the State Patrol and DNR wardens across the county, from Mercer and Pence to Saxon and Gile. Sentenced inmates may be granted Huber privileges. To find out whether a person is in custody or how to arrange release, call the Sheriff's Office at (715) 561-2440.
- Local courts in Iron County (circuit court and municipal courts)
- Misdemeanor (for example, theft, battery, disorderly conduct, a second OWI)
- Felony (for example, burglary, felony theft, drug possession with intent to deliver, substantial battery)
- Violent felony (for example, homicide, sexual assault, armed robbery)
- Juveniles (under 17) arrested in Iron County
- Federal cases (U.S. District Court) from Iron County
Local courts in Iron County (circuit court and municipal courts)
Iron County has two cities, Hurley and Montreal, and a handful of towns including Mercer, Saxon, Pence, Kimball, Carey, Gurney, Anderson, Knight, Oma and Sherman. None of them appears in the state court system's 2021 directory of municipal courts. That means ordinance citations from the county are typically answered at the circuit court in Hurley, unless a municipality has opened a court since the directory was published; read the ticket to be sure. Wisconsin municipal courts, where they exist, hear only ordinance cases punished by forfeitures, may order jail only when a forfeiture goes unpaid, and sometimes permit a defendant to have the case moved to the circuit court.
Circuit court
- Iron County Circuit Court, one branch, Iron County Courthouse, 300 Taconite Street, Hurley, WI 54534. Clerk of Circuit Court for criminal, traffic and forfeiture cases: (715) 561-4084.
Tribal courts with ties to the county
- Bad River Band of Lake Superior Chippewa, tribal government in Odanah (Ashland County), (715) 682-7111. The Bad River Reservation extends from Ashland County into the northwest corner of Iron County, and the Band runs a tribal court in Odanah.
- Lac du Flambeau Tribal Court, Peace Pipe Road (P.O. Box 217), Lac du Flambeau, (715) 588-4200. Some Lac du Flambeau Band land reaches into southern Iron County.
Tribal courts apply tribal law; state crimes committed on these lands are charged in the Iron County Circuit Court.
Prosecutor and public defender
- Iron County District Attorney, Room 123, 300 Taconite Street, Hurley, (715) 561-5671
- State Public Defender (Ashland trial office), Suite B, 411 Ellis Ave. S., Ashland, (715) 436-5070
Law enforcement
- Iron County Sheriff's Office, operator of the Iron County Jail, Suite 226, 300 Taconite Street, Hurley, (715) 561-2440. Deputies cover the towns and rural areas.
- Hurley Police Department, 405 Fifth Avenue North, Hurley, WI 54534, (715) 561-3544
Juvenile intake
- Iron County Human Services Department, Courthouse, 300 Taconite Street, Hurley, (715) 561-3636
Misdemeanor (for example, theft, battery, disorderly conduct, a second OWI)
Hurley's Silver Street taverns draw visitors from Michigan's Upper Peninsula, and snowmobilers, skiers and anglers fill the county in winter and summer, so a good part of the Iron County misdemeanor calendar involves bar disturbances, battery, disorderly conduct, retail theft and drunk driving.
What happens at the jail
For many misdemeanors, officers write a citation and release the person on the spot. Those taken to the Iron County Jail may leave on a signature bond, signing a promise to come to court that can include an amount owed for not appearing. If the court or schedule calls for cash, the defendant or someone acting for them must pay the full amount at the jail or the clerk's office; Wisconsin does not license commercial bondsmen. Someone released after a domestic abuse arrest may not contact the alleged victim for 72 hours unless the victim waives that restriction in writing. A person still in custody is normally seen by the judge or court commissioner within about 48 hours, often over video.
Public defender
The State Public Defender office that covers Iron County is in Ashland, about 40 miles west. Apply by phone at (715) 436-5070 or through the jail. The SPD's financial test is demanding; a defendant who does not meet it but still cannot afford counsel can ask the Iron County judge to appoint an attorney at county expense.
Penalties for the example offenses
- Theft of $2,500 or less and simple battery: Class A misdemeanors, with as much as 9 months in jail and a $10,000 fine for an Iron County conviction.
- Disorderly conduct is a Class B misdemeanor, punishable in Hurley by no more than 90 days and $1,000.
- Second OWI within 10 years: a crime carrying 5 days to 6 months in jail, fines, license revocation and an ignition interlock. A first OWI is a civil forfeiture of $150 to $300 plus costs, 6 to 9 months of revocation, an alcohol or drug assessment, and an interlock if the test result was 0.15 or above or the driver refused.
- A Class C misdemeanor in Iron County: no more than 30 days and a $500 fine.
Misdemeanor juries in Wisconsin have six members. A case can end in dismissal, deferred prosecution, a fine, probation, or jail with Huber release. Two to six months is common; a speedy trial demand generally calls for trial within 60 days.
Felony (for example, burglary, felony theft, drug possession with intent to deliver, substantial battery)
Iron County's felony caseload is small but steady: drugs brought across the Michigan line, cabin and camp burglaries, felony theft and repeat OWI (a fourth offense is generally a felony).
Stages of an Iron County felony
Complaint and initial appearance. The District Attorney charges by criminal complaint. At the initial appearance the court finds whether probable cause exists, sets conditions of release and may impose cash bail. A 2023 amendment to the Wisconsin Constitution allows judges to consider the risk of serious harm when setting release conditions for people accused of violent crimes.
Preliminary hearing. It must start within 10 days for a defendant held because they cannot meet the cash amount, and within 20 days for one who is out. The judge decides only whether there is probable cause of a felony. Defendants frequently waive it.
Information and arraignment. After the defendant is bound over, the DA files an information, and the defendant enters a plea at arraignment.
Plea or jury trial. Plea agreements end most felony cases. Twelve jurors decide a felony trial, and all must agree; a speedy trial demand generally means trial within 90 days.
Maximum sentences
- Burglary: Class F, as much as 12 years 6 months in prison and a $25,000 fine.
- Felony theft: Class I once the value passes $2,500 (3.5 years), Class H above $5,000 (6 years), and Class G above $10,000 (10 years).
- Possession with intent to deliver: the class depends on the substance and amount; the most serious quantities are Class C.
- Substantial battery: Class I. Aggravated battery, where great bodily harm results, is Class H or E.
Wisconsin's truth-in-sentencing system divides every prison sentence into initial confinement and extended supervision, with no parole for offenses after 1999. Terms of a year or less are served in the county jail, while longer terms are served with the Department of Corrections, where inmates who qualify may earn early release through the Challenge Incarceration Program or Substance Abuse Program. Most Iron County felonies conclude within six to twelve months. The State Public Defender's Ashland office provides appointed counsel.
Violent felony (for example, homicide, sexual assault, armed robbery)
Homicide, sexual assault and armed robbery charges are rare in a county of about 6,000 people. When they occur, the accused usually stays in the Iron County Jail unless the high cash bail the court sets is posted, and release comes with conditions such as no contact with the victim.
Penalties
- First-degree intentional homicide: Class A with a mandatory life sentence; the judge decides whether and when the person can petition for extended supervision.
- Second-degree intentional homicide: Class B; the most an Iron County judge can impose is 60 years.
- First-degree reckless homicide: Class B, a charge often filed in Wisconsin when a delivered drug causes a fatal overdose.
- First-degree sexual assault: Class B, up to 60 years, with mandatory minimums for some offenses against children.
- Armed robbery: Class C, a possible 40 years for an Iron County defendant.
Wisconsin abolished capital punishment in 1853.
Length of case and other notes
Allow one to two years for a contested violent felony, given lab results, expert testimony and motions. Because Wisconsin has Public Law 280 jurisdiction on the Bad River and Lac du Flambeau lands, crimes there are prosecuted in this circuit court. If the defendant qualifies, the State Public Defender appoints counsel. Marsy's Law gives victims constitutional rights to notice of proceedings, to attend and to be heard; the District Attorney's office at (715) 561-5671 coordinates victim services.
Juveniles (under 17) arrested in Iron County
A 17-year-old charged with a crime in Wisconsin is treated as an adult. Children 10 to 16 are handled by the Iron County judge sitting as the juvenile court in Hurley.
The intake decision
Juvenile referrals go to the Iron County Human Services Department at the courthouse, (715) 561-3636, or after hours (715) 561-3800. The intake worker can close the case, enter into a deferred prosecution agreement with the child and parents, or refer it to the District Attorney for a delinquency petition. If a child is held in secure custody, a custody hearing generally must happen within 24 hours of the intake decision, excluding weekends and legal holidays.
Where a child may be detained
No secure juvenile detention center operates in Iron County. When detention is needed, a youth is typically moved to a regional center in another county, such as the Northwest Regional Juvenile Detention Center in Eau Claire or the Marathon County Juvenile Detention Center in Wausau. Human Services can tell parents where their child is.
Outcomes
- Deferred prosecution, or a consent decree that suspends the proceedings under conditions.
- Supervision at home with services, restitution or community service.
- Placement outside the home or a Type 2 placement.
- Type 1 placement in state custody at Lincoln Hills School or Copper Lake School.
- For the most serious cases, the Serious Juvenile Offender program.
Adult prosecution of a juvenile
The juvenile court may waive a youth 14 or older into adult court for certain offenses, on the District Attorney's petition, and younger children can be waived in a few very serious situations. Adult court has original jurisdiction, in general, when a child 10 or older is accused of first-degree intentional homicide or attempting it, first-degree reckless homicide or felony murder, and when certain youths previously found delinquent are accused of specified new offenses. The State Public Defender provides lawyers for children in delinquency cases. Juvenile records are generally confidential.
Federal cases (U.S. District Court) from Iron County
Iron County lies in the Western District of Wisconsin. Its federal criminal cases are filed in Madison, at the district's sole clerk's office, and are heard there.
- Western District of Wisconsin clerk of court, handling Iron County federal filings in Room 320 at 120 North Henry Street, Madison, (608) 264-5156
- U.S. Attorney, western Wisconsin, seventh floor (Suite 700) of 222 West Washington Avenue, Madison, (608) 264-5158
- Federal Defender Services of Wisconsin, the office nearest to Iron County being Madison's, at Suite 1000 of 22 East Mifflin Street, (608) 260-9900; Criminal Justice Act panel attorneys are appointed when the office has a conflict
When an Iron County case goes federal
Prosecutors in Madison typically take Iron County matters involving drug trafficking, particularly across the Michigan border, firearms possessed by felons or other prohibited people, bank robbery, child exploitation and fraud. Federal charges can also follow crimes on federal property. Iron County includes part of the Bad River Reservation in its northwest and some Lac du Flambeau Band land in the south; Wisconsin holds Public Law 280 criminal jurisdiction over both, so those cases are normally state prosecutions, and the tribal courts hear matters under tribal law. Only on the Menominee Reservation in northeastern Wisconsin do federal courts handle serious crimes involving tribal members. Ordinary arrests stay in state court, where the State Public Defender represents eligible defendants.
How federal court works
A U.S. magistrate judge conducts the initial appearance and appoints a lawyer for a defendant who cannot pay. Instead of cash bail, the Bail Reform Act allows release on conditions supervised by Pretrial Services or detention until trial; if prosecutors ask for detention, the hearing is usually set within three court days. After an arrest on a complaint, a grand jury must return an indictment within 30 days. Under the Speedy Trial Act the trial should start within 70 days, though the court often grants more time.
Most federal defendants plead guilty, and trial verdicts require all 12 jurors to agree. Sentencing follows a presentence report by a probation officer and the judge's review of the advisory Guidelines and any mandatory minimum. With no parole in the federal system, about 85 percent of a prison term is served in the Bureau of Prisons before supervised release. Appeals from Iron County federal cases go to the Seventh Circuit in Chicago.
Federal inmate lookup
Families of Iron County defendants can enter a name or register number in the Federal Bureau of Prisons inmate locator to see where the person is held. A defendant held before trial in a county jail under a contract with the Marshals Service may also appear on that jail's inmate roster. Juveniles are seldom charged federally.
This page offers general information about criminal cases in Iron County, Wisconsin, and is not legal advice; court procedures and phone numbers may change. Consult a Wisconsin criminal defense lawyer for advice about a specific case. To apply for a public defender, call the State Public Defender's Ashland office at (715) 436-5070; for custody information, call the Iron County Sheriff's Office at (715) 561-2440.
Criminal Court Process for Iron County Wisconsin
Iron County Wisconsin Criminal Court System – Definitions
It might be helpful to define some words that will be used on this site, when explaining the Wisconsin Court System and how it works. The definitions on this site are for general information and not legal advice. It is always preferred to follow information given by your attorney or local authorities.
If you scroll down below this content, and the listing of the courts in Iron County, you will find a simple flowchart diagram and a video that will help you visualize the stages of the Criminal Court Process.
Arrest is when Wisconsin, Iron County or local police take a person into custody and start the legal process. The arrested person may or may not be immediately jailed.
In less serious crimes, the person may only be given a citation ordering that they appear in municipal or Iron County court on a certain date. In cases involving more serious crimes, the person is usually placed in the county jail until an arraignment, or a judge decides the next step.
Booking is when the Iron County sheriff or local police gather information such as the detainee’s name, address and why the person is being arrested. Booking also includes fingerprinting, criminal history, investigation, and verification of identity. Bail for lower-level crimes may be set right after booking so the arrested can “bail or bond out” before being detained.
The prosecution, sometimes called “the government” or “the people” or “the state” is the side that presses the charges and seeks punishment for the offense. These are attorneys that work for the state of Wisconsin, Iron County or a city or town. The prosecuting attorney for Iron County or the district is called the District Attorney or Assistant District Attorney. A U.S. Attorney prosecutes federal cases.
Jurisdiction is an important term in the court system that means whether a court has the obligation or duty or right to handle a case. For example, if you run a red light in your town or city, a municipal court would likely have jurisdiction over your case, but the next town or city over would not have jurisdiction over your case. If you attempted to flee from police when they attempted to stop you after you ran the red light, it becomes a more serious crime, and the municipal court might not have jurisdiction so you might be assigned to a higher-level court that has jurisdiction over the more serious crime. Jurisdiction varies from state to state and sometimes county to county.
Arraignment is when a judge determines whether the charges are supported by the prosecution’s initial evidence and tells the arrested what they are charged with, and the person says whether they are guilty or not guilty. At this time, the person is called the defendant, and the opposing side is called the prosecution. If there is reason to believe that the arrested is guilty, the judge will set bail conditions or send the defendant to jail or release them ROR (release on recognizances). An arraignment is not a trial, and the defendant is entitled to a trial within a reasonable amount of time after the arraignment.
Bail is money paid that is held by the Iron County or municipal court to make sure that the arrested does not flee the area before their trial. Bail amounts and other conditions are determined at the arraignment. Once the case is over, the bail money is returned to the defendant. If a person does not pay bail, they remain in the Iron County Jail until their trial.
Bail can be denied if the court feels that the arrested would be a danger to others if released. Sometimes the court decides that there is a good chance that the arrested will show up for trial and not flee so they are released on their own promise, or recognizance without having to pay bail.
A bond proceeding is the determination of how much bail is to be paid and usually happens at the same time as an arraignment. During bond proceedings, the defendant can have an attorney present but does not have the right to an attorney. A judge or court officer in the {county extended} or municipal court sets bail. Judges in Wisconsin rely on a statewide bail schedule, which sets out a recommended range of bail amounts for different offenses. Judges can still exercise discretion in setting bail above or below the recommended range.
Wisconsin is one of a few states that does not allow posting bail for profit, meaning that a court or bondsman cannot charge a percentage of the bond as in other states. If the defendant fails to appear in court when required to, the police or sheriff’s office will be given a warrant to arrest the defendant.
If the defendant is not released on their own recognizance, the Iron County court will allow the defendant, family or friend to pay up to 10% of the bail/bond amount. If the defendant does not appear in court, the court keeps the 10% and the court could demand the full bail amount and place an arrest warrant through the sheriff’s department.
If possible, it is important to have family involvement after being arrested. Not only can they make calls and communicate on your behalf, but family support will show the court that there are people who will make sure that the defendant makes it to court.
A criminal defense attorney (also called lawyer or counsel) is hired or retained to represent the arrested as early as possible after the arrest. If there is a chance that the case might go to trial and the defendant cannot afford an attorney, the 6th Amendment of the U.S. Constitution requires that the court provide an attorney. This is called indigent representation and a public defender or assigned attorney would represent the defendant in all proceedings. Indigent representation is only available misdemeanor and felony cases that could result in jail time, juvenile cases, and certain appeal cases.
If the arrested cannot afford a lawyer, the Wisconsin court would assign indigent representation, usually called a public defender in Wisconsin or a contracted attorney in special cases to represent the person for free or a small fee or a reduced rate. A right to an attorney is in the 6th Amendment of the U.S. Constitution; that all people that are going to be heard in trial are entitled to be represented by a lawyer and if they cannot afford one, the court will provide one.
Indigent representation is available for juvenile cases, certain appeals, misdemeanor and felony cases that could result in jail time. In Wisconsin, a violation does not result in jail time, so the State of Wisconsin is not obligated to provide an attorney. In Wisconsin, all indigent defense is funded by the state and not the county. The following link will take you to the Wisconsin State Public Defender site.
For less serious cases or civil cases, there are pro bono volunteers who volunteer legal services for free or for a small fee. They often will hold clinics to teach people how to represent themselves in court or expunge their record which means to legally erase or eliminate a criminal or arrest record from public view. The State Bar of Wisconsin offers a webpage regarding pro bono and reduced rate attorney services at the following link.
Many courts will provide forms and help for people who want to represent themselves, called pro se. Here is a link for legal self-help in Wisconsin.
The following link provides self-help information for juvenile matters.
A district court can refer to the first level of the legal system, or a minor court. District courts are in the community. A district court can also refer to a U.S. Federal District Court that hears federal cases. There are two U.S. federal district courts in Wisconsin, with offices throughout the state. It is important that you check the address of the court you are to appear in rather than to ask someone because that person might give you directions to the wrong “district” court. Being late to court can land you in custody as well.
Pretrial proceeding is the process where both sides (prosecution and defense) gather information, interview witnesses, request records, videos etc. Pretrial proceedings also include communications with the judge assigned to the case and these appearances are either in person or by on-line conferencing. Some pretrial proceedings may not require a defendant’s appearance, allowing an attorney to appear in their place. The information that is gathered is called discovery and both sides must share the information that they have gathered. This information does not include conversations between the arrested and their attorney.
Most cases do not go to trial because both sides reach a plea deal, where both sides try to reach a reasonable punishment based on what was learned in the pretrial proceedings. A plea deal can only happen if the accused person admits they are guilty in exchange for a lighter punishment. The reason they must admit guilt is because it would not be fair to punish someone who claims they are not guilty. There are times in plea bargaining when the prosecution agrees to give a lighter sentence in exchange for information leading to the arrest of a more serious criminal related to the crime.
Trial is where both sides share their information in front of a judge or a judge and jury. After listening to all the evidence, the judge or jury decides the verdict which is whether the person is guilty or not guilty. If a court has only a judge hearing both sides, it is called a bench trial. If a jury is selected, it is called a jury trial. If the defendant is found not guilty, they are released. If they are found to be guilty, the next step is sentencing.
Sentencing is the punishment that the judge decides the person should get. This could be jail or prison time, fines, community service, probation, or a combination.
Appeal is asking for a higher court to hear the case again at an appellate court. If the accused person thinks something went wrong at trial or has new information that was not available during the trial or that the sentence is too harsh, the defense attorney can ask for an appeal. It is not unusual for an appeal when there is a long jail sentence, but an appeal can be denied if the appellate court feels that the original trial or sentencing was fair.
Wisconsin Misdemeanor vs Felony
In Wisconsin, a misdemeanor is divided into Class A or B or C. Examples of misdemeanors are trespassing, simple assault, petty theft and shoplifting.
- Class A misdemeanors have punishments of jail for up to 9 months and/or pay a fine up to $10,000.
- Class B misdemeanors have punishments of jail for up to 90 days and/or pay a fine up to $1000.
- Class C misdemeanors have punishments up to 30 days and fines up to $500.
A felony crime is a more serious crime than a misdemeanor and are divided into different classes which are general guidelines and are based on the crime, prior criminal history and other factors. Examples of felony crimes are murder, rape, theft, aggravated assault, drug trafficking, kidnapping and identity theft.
In Wisconsin, felonies are divided into 9 classes.
- Class A being the most serious that results in life imprisonment.
- Class B has a maximum sentence of 60 years in state prison.
- Class C has a maximum sentence of 40 years in state prison and/or $100,000 fine.
- Class D has a maximum sentence of 25 years in state prison and/or $100,000 fine.
- Class E has a maximum sentence of 15 years in state prison and/or $50,000 fine.
- Class F has a maximum sentence of 12 years in state prison and/or $25.000.
- Class G has a maximum sentence of 10 years in state prison and/or $25,000 fine.
- Class H has a maximum sentence of 6 years in state prison and /or $10,000 fine and
- Class I has a maximum sentence of 3 ½ years in state prison and/or a fine of $10,000.
The Iron County Clerk of Court is an elected official whose responsibilities for Criminal Court’s administrative issues include receiving criminal warrants, receiving bail, creating the trial schedule, receiving fees, fines and maintaining court records.
A warrant is used to get someone to appear in court or to law enforcement. There must be good reason to believe that the person is involved in a crime. The warrant gives authority to arrest the person and search for evidence for the investigation of the crime.
A criminal summons is issued to request that a person appear in court at a particular time and date. It does not involve an arrest. A traffic ticket, summary citation or lesser misdemeanor could be considered a summons if you are given a court date.
A summary citation, commonly referred to as a ticket, is a criminal summons by a law enforcement officer either in person or via mail accusing the defendant of a minor offense, stating potential fine, listing the court having jurisdiction and instructions for addressing the issue. Defendants may or may not be required to appear in court or handle the matter by entering a plea via mail.
Fines are usually paid to the District Court or clerk of court and payment methods can be found on the District Court or Iron County Clerk of Court website. If you do not pay your fine on time, you can lose your driver’s license, must pay additional fees or even have a warrant for your arrest. It is important to read the instructions on the ticket issued by the police officer or court at the time of your arrest. For a parking ticket or summary citation, the fine amount and how to send payment should be on the ticket.
Wisconsin Criminal Court System - How it Works
Municipal courts are the same as a city or town court and handle violations of city ordinances (city laws), traffic violations, parking violations and criminal misdemeanor offenses such as disorderly conduct, underage drinking and trespassing that occur within the city or towns police jurisdiction. There are 229 municipal courts in Wisconsin and some towns use a court jointly.
Circuit courts handle misdemeanors and felonies from beginning (preliminary hearings) to end (settlement or trial). Circuit courts also handle some traffic matters and juvenile cases.
Specialty Courts serve people who would benefit from alcohol, drug and other rehabilitative services. Wisconsin offers a problem-solving court that oversees specialty courts as drug treatment, OWI, mental health, juvenile, domestic violence and veterans courts.
The Wisconsin Courts of Appeal will hear cases and correct errors or allow information from the lower courts that lead to the appeal. They do not hear the case as if it were new.
The Wisconsin Supreme Court is like our United States’ Supreme Court because it has a panel of judges that rule on matters that have to do with someone’s constitutional rights or policies and laws. The Wisconsin State Supreme Court deals with the state constitution or laws or policies. Sometimes the Supreme Court will hear criminal cases on appeal when there is a question on the state laws or procedures that lead to the appeal.
The criminal cases are usually referred from the district courts of appeal.
FEDERAL COURT
Federal Court deals with crimes involving violations of United States laws. Federal crimes include federal drug trafficking, federal tax evasion and fraud that crossed state lines and include crimes that occur on federal property as post offices or federal buildings.
Cases involving crimes that involve the FBI or DEA or Immigration agencies are federal crimes. Terrorism is a federal crime.
There are some differences in the Federal court system as compared to the Wisconsin state court system. For example, the attorneys who work for the courts are called United States Attorneys and Federal judges are called District Court Judges (not to be confused by local state district courts).
Federal Magistrate Judges hear the case early on, but they do not decide on the cases at a trial like the Federal District Court Judges. In a federal case, a grand jury is used for indictments.
There are two U.S. Federal Judicial Districts in Wisconsin.
