State ex rel. Peterson v. County Court of Clark County

• Court: Wisconsin Supreme Court
• Writing for the Court: BROADFOOT
• Citation: State ex rel. Peterson v. County Court of Clark County, 108 N.W.2d 146, 13 Wis.2d 37 (Wis. 1961)
• Decision Date: 07 March 1961
• Parties: STATE ex rel. Bert PETERSON, Appellant, v. COUNTY COURT OF CLARK COUNTY et al., Wayne W. Trimberger, District Attorney, et al., Respondents.

Page 146

108 N.W.2d 146

13 Wis.2d 37

STATE ex rel. Bert PETERSON, Appellant, v. COUNTY COURT OF CLARK COUNTY et al., Wayne W. Trimberger District Attorney, et al., Respondents.

Supreme Court of Wisconsin.

March 7, 1961.

Application for writ of prohibition. On April 29, 1960, the appellant, Bert Peterson, was arrested and charged with violation of the state traffic laws by driving his automobile at an excessive rate of speed and driving the same after his license had been revoked. The warrant was issued out of the county court of Clark county.

By special act of the legislature said county court and the presiding judge thereof had been given all of the jurisdiction, powers, and authority of a justice of the peace or police justice in criminal actions and proceedings within said county. Appeals from said county court, where the court did not act as a court of record, are taken to the circuit court for Clark county.

Appellant appeared before said county court and demanded a jury trial. The court thereupon ordered a jury trial and directed the sheriff to furnish a list of 18 names as prospective jurors. The appellant objected to the list of names submitted by the sheriff on the ground that it was not in compliance with the provisions of ch. 167, Laws of 1959, which added sub. (2)(c) to sec. 255.04, Stats. This subsection reads as follows:

'The commissioners shall also furnish upon periodic request of the sheriff a current list of the names of persons available for jury duty in justice of the peace court, mental inquiries and re-examinations, coroner's inquests, and for such other purposes as the sheriff is required by law to summon or select a jury, which list shall contain not less than 100 nor more than 200 names of persons drawn and apportioned in the manner provided in par. (a).'

The objection was overruled and application was made to the circuit court for Clark county for a writ of prohibition commanding the county court to desist from further proceedings in the matter until compliance with the above-quoted section. An alternative writ was issued by the circuit court and a hearing was held thereon. Following the hearing an order was entered on September 6, 1960, quashing the alternative writ and returning the matter to the county court of Clark county for further proceedings, but with a stay of execution of the order for a period of 20 days. Before the expiration of the 20-day period said Bert Peterson appealed from the order.

Willis E. Donley, Robert F. Muza, Donley & Muza, Menomonie, for appellant.

John W. Reynolds, Atty. Gen., William A. Platz, Asst. Atty. Gen., Wayne W. Trimberger, Dist. Atty., Neillsville, for respondents.

BROADFOOT, Justice.

It is the contention of the appellant that ch. 167, Laws of 1959, is mandatory and that in effect it repealed other provisions of the statutes providing for the selection of juries in justice courts. The circuit court, as the basis for its order, held that said chapter provided only an optional method, particularly since there was no showing that any request had been made by the sheriff to the jury commissioners to furnish him with a list of names of persons available for jury duty.

The respondents, represented by the attorney general and the district attorney of Clark...