State v. Williams
2012 WI 59
| Wis. | 2012Background
- Williams challenged a Beloit police search at his residence as a circuit court commissioner-issued warrant, arguing it violated the Wisconsin Constitution by exercising non-judicial power.
- Wis. Stat. § 757.69(1)(b) authorizes circuit court commissioners to issue search warrants; no challenge to the warrant's contents or probable cause, only authority.
- Court lower ruled commissioners could issue warrants, and suppression was not required; Williams appealed.
- The court conducted a constitutional analysis distinguishing 'the judicial power' vested in courts from quasi-judicial powers that may be delegated, and examined history, structure, and post-1977 amendments.
- The majority ultimately held that § 757.69(1)(b) is constitutional and that the warrant was valid, affirming denial of suppressio ns.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wis. Stat. § 757.69(1)(b) is constitutional | Williams argues it unlawfully vests judicial power in nonjudges | State contends statute constitutional; commissioners can issue warrants | Constitutional; statute valid |
| Whether issuing warrants by commissioners violates Article VII, § 2 | Issuance constitutes impermissible exercise of judicial power | Issuance is a quasi-judicial task not the exclusive judicial power | Not a violation; warrants historically issued by nonjudges; permissible |
| Effect of repeal of Article VII, § 23 (1977) on commissioners' authority | Repeal eliminates nonjudge judicial powers | Repeal allows expanded, not diminished, commissioner powers | Repeal did not eliminate commissioners' authority to issue warrants |
Key Cases Cited
- State v. Beno, 116 Wis. 2d 122 (Wis. 1984) (reaffirming separation of powers and judicial power scope)
- Shadwick v. City of Tampa, 407 U.S. 345 (U.S. 1972) (warrants may be issued by non-judicial officers if neutral and detached)
- In re Remington, 7 Wis. 541 (Wis. 1858) (commissioners' powers limited; authority at chambers historical baseline)
- Van Brocklin, 194 Wis. 441 (Wis. 1922) (clerks may issue warrants under statutory framework; quasi-judicial power distinctions)
- State v. Kriegbaum, 194 Wis. 229 (Wis. 1927) (justices of the peace issued warrants; statutory basis; non-judge authority)
- Faust v. State, 45 Wis. 273 (Wis. 1878) (commissioners' authority grounded in statute)
- State ex rel. Perry v. Wolke, 71 Wis. 2d 100 (Wis. 1976) (early interpretation of judicial powers and commissioners)
- State v. Arias, 311 Wis. 2d 358 (Wis. 2008) (parallel to Fourth Amendment warrant rationale)
- State v. Kriegbaum, 194 Wis. 229 (Wis. 1927) (see above)