Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB80 Compare Versions

Only one version of the bill is available at this time.

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1	1	2025 - 2026 LEGISLATURE
2	2	LRB-2002/1
3	3	SWB:emw
4	4	2025 SENATE BILL 80
5	5	February 26, 2025 - Introduced by Senators JACQUE and WIMBERGER, cosponsored
6	6	by Representatives TUSLER, B. JACOBSON, BROOKS, KNODL, MURPHY and
7	7	O'CONNOR. Referred to Committee on Judiciary and Public Safety.
8	8	AN ACT to create chapter 798 of the statutes; relating to: statutory recognition
9	9	of specialized treatment court and commercial court dockets.
10	10	Analysis by the Legislative Reference Bureau
11	11	This bill statutorily recognizes specialized dockets for treatment courts and for
12	12	commercial cases. The bill recognizes in statute treatment courts, which are
13	13	defined in the bill to include adult drug treatment court, juvenile drug treatment
14	14	court, operating while intoxicated treatment court, mental health treatment court,
15	15	family dependency treatment court, veterans treatment court, hybrid treatment
16	16	court, and tribal healing to wellness court.
17	17	The bill also statutorily recognizes a specialized docket for commercial cases.
18	18	Under the bill, the chief justice of the Wisconsin Supreme Court, taking into
19	19	consideration recommendations from the relevant chief judges of the judicial
20	20	administrative districts, must select circuit court judges who will be assigned to the
21	21	commercial court docket upon each judge[s agreement to serve. The bill provides
22	22	that a judge who presides over cases on the commercial court docket is not
23	23	prohibited from working on any other assigned docket.
24	24	Under the bill, certain commercial case types must be assigned to the
25	25	commercial court docket, including cases involving all of the following: 1) the
26	26	governance or internal affairs of business organizations; 2) tortious or statutorily
27	27	prohibited business activity, unfair competition, or antitrust claims; 3) the sale,
28	28	consolidation, or merger of a business organization or the conversion, share
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31	31	SENATE BILL 80
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34	34	SECTION 1
35	35	exchange, or sale of substantially all of the assets of a business organization; 4) the
36	36	issuance, sale, or transfer of securities; 5) intellectual property rights; 6) the
37	37	relationship between a franchisor and franchisee or similar distribution
38	38	relationship; 7) certain claims or disputes involving the Uniform Commercial Code,
39	39	when the amount in controversy exceeds $100,000; 8) receiverships in excess of
40	40	$250,000; 9) confirmation of arbitration awards and compelling or enforcing
41	41	arbitration awards when the amount in controversy exceeds $100,000; and 10) real
42	42	estate construction disputes when the amount in controversy exceeds $250,000.
43	43	The bill provides that certain types of cases are ineligible for assignment to the
44	44	commercial court docket, including small claims cases, cases involving a
45	45	governmental entity or political subdivision seeking to enforce a statutory or
46	46	regulatory restriction or prohibition, or disputes between landlords and tenants.
47	47	The commercial court docket created under the bill is a commercial case
48	48	docket that generally involves disputes between commercial entities rather than
49	49	individuals and does not include actions typically involving individuals such as
50	50	personal injury suits, products liability, malpractice, or other tort claims or
51	51	landlord and tenant disputes or similar claims. Under the bill, parties may jointly
52	52	move for discretionary assignment of a case to the commercial court docket if the
53	53	case is one that is not identified under the mandatory criteria but is not otherwise
54	54	ineligible for assignment. The bill provides that a decision granting or denying a
55	55	motion for a discretionary assignment of a case to the commercial court docket is
56	56	final and nonappealable.
57	57	The bill also allows that parties to a case that is filed in a judicial
58	58	administrative district that does not have a dedicated commercial court docket may,
59	59	in certain circumstances, jointly petition for transfer of the case to a commercial
60	60	court docket. Under the bill, no party may withdraw a request for transfer to the
61	61	commercial court docket after a judicial assignment of the case has been made.
62	62	The people of the state of Wisconsin, represented in senate and assembly, do
63	63	enact as follows:
64	64	SECTION 1. Chapter 798 of the statutes is created to read:
65	65	CHAPTER 798
66	66	SPECIALTY COURTS
67	67	798.01 Legislative findings. The legislature finds all of the following:
68	68	(1) Specialized dockets for treatment courts and for commercial cases have
69	69	existed in this state and across the country for a number of years in recognition of
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76	76	SENATE BILL 80
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79	79	SECTION 1
80	80	the fact that the interests of justice in general, and of litigants in particular, are
81	81	substantially enhanced when judges and other court personnel commit to take
82	82	specific training in the subject matter areas of a particular specialized docket and
83	83	then apply that training and expertise to the unique issues before the court. The
84	84	use of specialized dockets increases efficiencies and improve outcomes in the
85	85	handling of these cases.
86	86	(2) The commercial court docket has existed in this state for over 7 years as a
87	87	pilot project in a number of counties and judicial districts and has been shown to
88	88	reduce substantially the time it takes to obtain a decision and increase the level of
89	89	satisfaction of the parties with the results in commercial disputes.
90	90	798.05 Treatment court dockets. (1) PURPOSE; AUTHORITY. The purpose
91	91	of this section is to statutorily recognize specialized dockets for treatment courts.
92	92	Treatment courts are designed to operate within the framework of the existing state
93	93	court system and specifically address underlying issues relating to criminal
94	94	behavior. Treatment courts provide treatment while working with a
95	95	multidisciplinary team to deploy a range of graduated rewards and sanctions with
96	96	the goal of engaging participants in treatment long enough to successfully address
97	97	any addiction or mental health issues and end the cycle of recidivism.
98	98	(2) DEFINITION. In this section, Xtreatment courtY includes all of the
99	99	following:
100	100	(a) Adult drug treatment court.
101	101	(b) Juvenile drug treatment court.
102	102	(c) Operating while intoxicated treatment court.
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126	126	SENATE BILL 80
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129	129	SECTION 1
130	130	(d) Mental health treatment court.
131	131	(e) Family dependency treatment court.
132	132	(f) Veterans treatment court.
133	133	(g) Hybrid treatment court.
134	134	(h) Tribal healing to wellness court.
135	135	798.15 Commercial court docket. (1) PURPOSE; AUTHORITY. The purpose
136	136	of this section is to statutorily recognize a specialized docket for commercial cases in
137	137	state circuit courts. The commercial court docket is designed to operate within the
138	138	framework of the existing state court system with minimal impact on the balance of
139	139	court operations. It is intended to leverage judicial expertise in commercial law and
140	140	disputes with commercial litigants[ desire to tailor case management practices best
141	141	suited for resolving substantial business disputes fairly and expeditiously.
142	142	(2) DEFINITIONS. In this section:
143	143	(a) XBusiness organizationY includes a sole proprietorship, corporation,
144	144	partnership, limited liability company, limited partnership, professional
145	145	association, benefits corporation, service corporation, joint venture, bank, savings
146	146	bank, savings and loan association, or business trust. A Xbusiness organizationY
147	147	excludes an individual, a family trust, or a political subdivision or governmental
148	148	entity.
149	149	(b) XConsumer contract or transactionY means a consumer contract or
150	150	transaction that is primarily for personal, family, or household purposes.
151	151	(3) SCOPE. (a) The commercial court procedures outlined in this section
152	152	apply to judicial administrative districts that have established specialized dockets
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176	176	SENATE BILL 80
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179	179	SECTION 1
180	180	for commercial cases on the effective date of this paragraph .... [LRB inserts date],
181	181	and to any commercial court docket established after the effective date of this
182	182	paragraph .... [LRB inserts date], beginning on the date that docket is established.
183	183	Courts with specialized dockets for commercial cases shall be referred to as the
184	184	Xcommercial court.Y
185	185	(b) 1. The chief justice of the supreme court, after considering the
186	186	recommendation of the chief judge of the encompassing judicial administrative
187	187	district, shall select the circuit court judges in the judicial administrative districts
188	188	who will be assigned to the commercial court docket upon each judge[s agreement to
189	189	so serve. The chief justice of the supreme court shall select at least all of the
190	190	following to participate in the commercial court under this section:
191	191	a. No fewer than 4 circuit court judges within the 2nd judicial administrative
192	192	district.
193	193	b. No fewer than 4 circuit court judges within the 3rd judicial administrative
194	194	district.
195	195	c. No fewer than 4 circuit court judges within the 5th judicial administrative
196	196	district.
197	197	d. No fewer than 4 circuit court judges within the 8th judicial administrative
198	198	district.
199	199	e. No fewer than 4 circuit court judges within the 10th judicial administrative
200	200	district.
201	201	f. No fewer than 4 circuit court judges within any judicial administrative
202	202	district that adds a commercial court docket.
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226	226	SENATE BILL 80
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229	229	SECTION 1
230	230	2. A judge who presides in a commercial court docket is not prohibited from
231	231	working on any other assigned docket.
232	232	3. The chief justice of the supreme court may add additional judicial
233	233	administrative districts to the commercial court docket upon the recommendation
234	234	of the director of state courts.
235	235	(4) MANDATORY ASSIGNMENT OF CASES TO THE COMMERCIAL COURT DOCKET.
236	236	(a) Any case of a type described under par. (b) that is filed in a circuit court in which
237	237	a commercial court docket has been established shall be assigned to the commercial
238	238	court docket as provided under sub. (7).
239	239	(b) The commercial court shall have jurisdiction over all of the following types
240	240	of cases:
241	241	1. Cases involving the governance or internal affairs of business
242	242	organizations, including all of the following:
243	243	a. Claims between or among owners or constituents of a business
244	244	organization.
245	245	b. Claims against officers, directors, or managers of a business organization.
246	246	c. Claims involving the indemnity of owners, officers, directors, or managers
247	247	of a business organization.
248	248	d. Claims involving the interpretation of the rights and obligations under the
249	249	law governing business organizations, such as chs. 178 to 181, 183, 185, 204, 214,
250	250	215, and 221 to 223, or any similar statute or law from another jurisdiction.
251	251	e. Claims involving the interpretation of the rights and obligations under any
252	252	agreement governing a business organization, such as the articles of incorporation,
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276	276	SENATE BILL 80
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279	279	SECTION 1
280	280	bylaws, operating agreements, membership agreements, or partnership agreement
281	281	of the business organization.
282	282	2. Cases involving tortious or statutorily prohibited business activity, unfair
283	283	competition, or antitrust, including all of the following:
284	284	a. Claims under ch. 133.
285	285	b. Claims under s. 100.30 (5m) or (5r).
286	286	c. Claims under s. 134.01.
287	287	d. Claims of tortious interference with a business organization.
288	288	e. Claims involving restrictive covenants and agreements not to compete or
289	289	solicit.
290	290	f. Claims involving confidentiality agreements.
291	291	3. Cases involving the sale, consolidation, or merger of a business
292	292	organization or the conversion, share exchange, or sale of substantially all of the
293	293	assets of a business organization.
294	294	4. Cases involving the issuance, sale, or transfer of securities, including
295	295	claims for securities fraud under ch. 551, or any similar statute or law from another
296	296	jurisdiction.
297	297	5. Cases involving intellectual property rights, including all of the following:
298	298	a. Claims to determine the use, ownership, or status of trademarks, trade
299	299	secrets, or copyrights.
300	300	b. Claims under s. 134.90.
301	301	c. Claims involving any agreement relating to the licensing of any intellectual
302	302	property right, including patent rights.
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329	329	SECTION 1
330	330	6. Cases involving the relationship between a franchisor and franchisee or
331	331	similar distribution relationship, including all of the following:
332	332	a. Claims arising from ch. 135 or any similar statute or law from another
333	333	jurisdiction.
334	334	b. Claims arising from s. 134.93 or any similar statute or law from another
335	335	jurisdiction.
336	336	c. Claims arising from ch. 553 or any similar statute or law from another
337	337	jurisdiction.
338	338	7. Cases involving claims or disputes under ch. 402, 403, 404, 405, or 409, or
339	339	any similar statute or law from another jurisdiction, when the amount in
340	340	controversy exceeds $100,000, exclusive of interest, costs, and attorney fees.
341	341	8. Cases involving receiverships in excess of $250,000.
342	342	9. Cases involving confirmation of arbitration awards and compelling or
343	343	enforcing arbitration awards when the amount in controversy exceeds $100,000.
344	344	10. Cases involving commercial real estate construction disputes when the
345	345	amount in controversy exceeds $250,000.
346	346	(5) DISCRETIONARY ASSIGNMENT OF CASES TO THE COMMERCIAL COURT
347	347	DOCKET. (a) In addition to the cases identified under sub. (4) and that are not
348	348	otherwise excluded under sub. (6), parties to a case in a judicial administrative
349	349	district in which there is a commercial court docket may jointly move the chief judge
350	350	of that judicial administrative district for discretionary assignment of the case to
351	351	that commercial court docket. If the motion for discretionary assignment is
352	352	granted, the case may be assigned to a commercial court docket.
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376	376	SENATE BILL 80
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379	379	SECTION 1
380	380	(b) In deciding a motion for discretionary assignment of a case to a
381	381	commercial court docket, the chief judge of the encompassing judicial
382	382	administrative district shall consider the parties to the dispute, the nature of the
383	383	dispute, the complexity of the issues presented, and whether the commercial court[s
384	384	resolution of the case will provide needed guidance to influence future commercial
385	385	behavior or assist in resolving future disputes. The decision granting or denying a
386	386	motion for a discretionary assignment of a case to a commercial court docket is final
387	387	and nonappealable.
388	388	(6) INELIGIBLE CASE TYPES. The following cases may not be assigned to the
389	389	commercial court docket:
390	390	(a) Cases involving small claims under ch. 799.
391	391	(b) Cases involving a governmental entity or political subdivision seeking to
392	392	enforce a statutory or regulatory restriction or prohibition.
393	393	(c) Unless the claim or dispute identified in this subsection is ancillary and
394	394	incidental to a case assigned to the commercial court docket under sub. (4), cases
395	395	involving a consumer contract or transaction; disputes between landlords and
396	396	tenants; domestic relations claims; labor claims; receivership, insolvency, or
397	397	liquidation cases, except as provided in sub. (4) (b) 8.; malpractice claims; personal
398	398	injury claims; product liability claims; civil rights claims; tax disputes; cases
399	399	seeking to compel arbitration or to affirm or disaffirm an arbitration award, except
400	400	as provided in sub. (4) (b) 9.; construction claims, except as provided in sub. (4) (b)
401	401	10.; or environmental claims.
402	402	(7) IDENTIFICATION AND ASSIGNMENT OF CASES TO COMMERCIAL COURT
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425	425	23 2025 - 2026 Legislature
426	426	SENATE BILL 80
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429	429	SECTION 1
430	430	DOCKET. (a) Plaintiff duties. At the time of the filing of the complaint under s.
431	431	801.02 (1), the plaintiff in a civil action shall state on the face of the complaint
432	432	whether the case qualifies for the commercial court docket under sub. (4) and is not
433	433	ineligible for assignment under sub. (6).
434	434	(b) Clerk of court duties. 1. For cases filed in which a circuit court judge in
435	435	that county has already been assigned a commercial court docket, the clerk of court
436	436	shall assign the case to the commercial court docket and to one of the judges
437	437	designated for the commercial court docket. In the event of a request for judicial
438	438	substitution, the case shall be transferred to another circuit court judge who is
439	439	assigned to the commercial court docket in that judicial administrative district.
440	440	2. Within a judicial administrative district participating in the commercial
441	441	court docket, but in which no circuit court judge has been assigned to the
442	442	commercial court docket, upon the filing of a qualifying case, the clerk of court shall
443	443	notify the chief judge of the encompassing judicial administrative district, and the
444	444	chief judge shall assign one of the commercial court docket judges from the other
445	445	counties in the judicial administrative district. The chief judge[s selection shall be
446	446	made pursuant to s. 751.03 (3). In the event a request for substitution is filed
447	447	regarding the judge chosen by the chief judge of the encompassing judicial
448	448	administrative district, the chief judge shall then assign another judge from the
449	449	judicial administrative district who has been appointed for commercial court cases.
450	450	(c) Omission by plaintiff; defendant[s and 3rd-party defendant[s rights and
451	451	prerogatives of the circuit court. In the event the duties set forth in par. (a) are not
452	452	met, the circuit court may sua sponte, or upon a motion filed by a defendant or a 3rd
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479	479	SECTION 1
480	480	party with his or her or its responsive pleading or responsive motion, order the
481	481	transfer of a case to the commercial court docket if the court determines that the
482	482	case meets the mandatory criteria of sub. (4) and is not ineligible for assignment
483	483	under sub. (6).
484	484	(d) Action number assignment. On assignment of any matter to the
485	485	commercial court docket, the matter shall retain the civil action number assigned to
486	486	it by the clerk of court upon the filing of the complaint.
487	487	(8) DISPUTES REGARDING ASSIGNMENTS OF CASES TO THE COMMERCIAL COURT
488	488	DOCKET. (a) Contesting the assignment of a case to the commercial court docket. 1.
489	489	After assignment of a case to the commercial court docket, the judge assigned to the
490	490	case may sua sponte, or upon motion of any party, reconsider whether assignment
491	491	of that case to the commercial court docket is appropriate under the requirements
492	492	of sub. (4) and is not ineligible for assignment under sub. (6). Any party filing a
493	493	reconsideration motion under this paragraph shall file the motion no later than the
494	494	earlier of the following:
495	495	a. Before any judicial ruling is rendered on any issue of material substance in
496	496	the case.
497	497	b. Twenty days after the case is assigned to the commercial court docket.
498	498	2. If the assigned commercial court judge concludes that the case does not
499	499	qualify for assignment to the commercial court docket, the judge shall return the
500	500	case to the general civil case docket.
501	501	(b) Review. Any party aggrieved by the outcome of a motion for
502	502	reconsideration under par. (a) may request the chief judge of the judicial
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526	526	SENATE BILL 80
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529	529	SECTION 1
530	530	administrative district in which the commercial court sits to review the
531	531	reconsideration decision. A decision by the chief judge of the judicial administrative
532	532	district resolving the question of which docket shall be assigned the case is final and
533	533	nonappealable.
534	534	(9) TRANSFERRING A CASE TO A COMMERCIAL COURT DOCKET. (a) Parties from
535	535	judicial administrative districts that do not have a dedicated commercial court
536	536	docket may petition to have their cases administered within a commercial court
537	537	docket. To facilitate consideration of such petitions, the director of state courts
538	538	shall periodically designate a district court administrator to be the court
539	539	administrative officer for the commercial court docket and shall also designate a
540	540	circuit court judge serving as a commercial court judge at the time of designation to
541	541	be the supervising commercial court judge.
542	542	(b) Parties described under par. (a) may jointly petition for transfer of a case to
543	543	a commercial court docket if all of the following are true:
544	544	1. The case is a type identified in sub. (4) and is not ineligible for assignment
545	545	to a commercial court docket under sub. (6).
546	546	2. The parties agree to use the forms and procedures developed for use in the
547	547	commercial court docket.
548	548	3. The parties agree that all proceedings will be conducted in the courtroom of
549	549	the judge to which the case is assigned under par. (c), except that if the case
550	550	proceeds to trial, the trial will be conducted in the county where the case was
551	551	originally filed.
552	552	(c) The procedure for a joint petition for transfer shall be as follows:
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576	576	SENATE BILL 80
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579	579	SECTION 1
580	580	1. When parties petition for the transfer of a commercial court case from a
581	581	district that does not then have a commercial court docket, they shall file that
582	582	petition with the clerk of court in the county where the case is originally filed and
583	583	also file a copy of that petition with the court administrative officer designated by
584	584	the director of state courts. The supervising commercial court judge shall
585	585	determine where the case should be transferred based upon workload and the
586	586	reasonable convenience of the parties and shall confer with the chief judge of that
587	587	judicial administrative district as to which commercial court judge is best able to
588	588	accept that additional workload assignment. The parties requesting the
589	589	assignment to the commercial court docket shall agree that the judge assigned to
590	590	the case may direct that all matters, other than trial, be held either in the assigned
591	591	judge[s home courtroom or by electronic means. Trials shall be held in the county in
592	592	which the case was originally filed. The clerk of the circuit court of the county
593	593	where the case was originally filed shall continue to be responsible to accept filings,
594	594	clerk on the record proceedings, and perform all other duties applicable to that case.
595	595	Any judgments rendered as a result of such proceedings shall be docketed in the
596	596	county in which the matter was originally filed, and any appeal shall be made to the
597	597	court of appeals in the appellate district where the case was originally filed.
598	598	2. The supervising commercial court docket judge shall consider the caseload
599	599	of the judges designated for the commercial court docket, the nature of the case for
600	600	which the petition was submitted, and the work requirements for cases already
601	601	pending in the commercial court docket when determining whether to allow the
602	602	transfer of a case under this paragraph.
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625	625	23 2025 - 2026 Legislature
626	626	SENATE BILL 80
627	627	- 14 - LRB-2002/1
628	628	SWB:emw
629	629	SECTION 1
630	630	3. The supervising commercial court docket judge shall, upon allowing a
631	631	transfer, assign the case to the commercial court docket and to one of the judges
632	632	designated for the commercial court docket in a participating judicial
633	633	administrative district.
634	634	4. In the event of a request for judicial substitution in a case transferred under
635	635	this subsection and assigned to the commercial court docket, the chief judge of the
636	636	judicial administrative district in which the assignment is made shall then assign
637	637	another judge from the judicial administrative district who has been appointed for
638	638	commercial court cases.
639	639	(d) No party may withdraw a request for transfer to the commercial court
640	640	docket after a judicial assignment has been made under par. (c).
641	641	(END)
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