A transcript, lightly edited for readability, of a Real Life Law segment from Gardiner Koch Weisberg & Wrona, originally broadcast on 96.1 WLKG in Lake Geneva, Wisconsin.
Transcript
Today’s topic is how the courts are set up. Recently the Darrell Brooks case was decided, and we’re waiting for sentencing now. That case was a state court case in Wisconsin.
The court system is generally made up of state courts and federal courts. The state courts are divided by counties in Wisconsin, and the federal courts are in Milwaukee and Madison. There are also specialized courts for patents, tax issues and some other matters. And there are local municipal courts, which hear local traffic tickets and the like.
State court judges are elected. Federal court judges are appointed for life. State courts tend to deal with cases involving state law issues. Federal courts hear cases involving federal laws, or cases in which the parties on each side are from different states. So most murder cases are state court cases, and most civil rights cases are heard in federal court.
In addition to judges, the federal courts have appointed magistrate judges, and the state courts have commissioners who are selected by the sitting judges. The magistrates handle discovery, settlement conferences, and trials if the parties agree to the magistrate judge. The commissioners handle certain injunction matters, preliminary hearings, bond hearings and other matters.
The difference between these courts is very important to any litigation. We’ll cover that topic in another segment.
Editor’s note: Federal judges are nominated by the President and confirmed by the U.S. Senate, and federal magistrate judges serve eight-year terms. The Darrell Brooks case mentioned at the start has since concluded.
This segment is general information, not legal advice for your situation. Laws change, and every case depends on its facts. To talk with an attorney, call (312) 362-0000 in Illinois or (262) 812-0864 in Wisconsin, or send us a message.
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