2023 - 2024 LEGISLATURE
LRB-3042/1
SWB:all
2023 ASSEMBLY BILL 280
May 17, 2023 - Introduced by Representatives TUSLER, RETTINGER, BRANDTJEN,
MURPHY, MURSAU, SNYDER and WICHGERS, cosponsored by Senators JACQUE
and WIMBERGER. Referred to Committee on State Affairs.
1 AN ACT to create chapter 798 of the statutes; relating to: statutory recognition
2 of specialized treatment court and commercial court dockets.
Analysis by the Legislative Reference Bureau
This bill statutorily recognizes specialized dockets for treatment courts and for
commercial cases. The bill recognizes in statute treatment courts, which are defined
in the bill to include adult drug treatment court, juvenile drug treatment court,
operating while intoxicated treatment court, mental health treatment court, family
dependency treatment court, veterans treatment court, hybrid treatment court, and
tribal healing to wellness court.
The bill also statutorily recognizes a specialized docket for commercial cases.
Under the bill, the chief justice of the Wisconsin Supreme Court, taking into
consideration recommendations from the relevant chief judges of the judicial
administrative districts, must select circuit court judges who will be assigned to the
commercial court docket upon each judge's agreement to serve. The bill provides that
a judge who presides over cases on the commercial court docket is not prohibited from
working on any other assigned docket.
Under the bill, certain commercial case types must be assigned to the
commercial court docket, including cases involving any of the following: 1) the
governance or internal affairs of business organizations; 2) tortious or statutorily
prohibited business activity, unfair competition, or antitrust claims; 3) the sale,
consolidation, or merger of a business organization or the conversion, share
exchange, or sale of substantially all of the assets of a business organization; 4) the
issuance, sale, or transfer of securities; 5) intellectual property rights; 6) the
 2023 - 2024 Legislature -2- LRB-3042/1
SWB:all
ASSEMBLY BILL 280
relationship between a franchisor and franchisee or similar distribution
relationship; 7) certain claims or disputes involving the Uniform Commercial Code,
when the amount in controversy exceeds $100,000; (8) receiverships in excess of
$250,000; (9) confirmation of arbitration awards and compelling or enforcing
arbitration awards when the amount in controversy exceeds $100,000; and (10) real
estate construction disputes when the amount in controversy exceeds $250,000. The
bill provides that certain types of cases are ineligible for assignment to the
commercial court docket, including small claims cases, cases involving a
governmental entity or political subdivision seeking to enforce a statutory or
regulatory restriction or prohibition, or disputes between landlords and tenants.
The commercial court docket created under the bill is a commercial case docket
that generally involves disputes between commercial entities rather than
individuals and does not include actions typically involving individuals such as
personal injury suits, products liability, malpractice, or other tort claims, or landlord
and tenant disputes or similar claims. Under the bill, parties may jointly move for
discretionary assignment of a case to the commercial court docket if the case is one
that is not identified under the mandatory criteria, but is not otherwise ineligible for
assignment. The bill provides that a decision granting or denying a motion for a
discretionary assignment of a case to the commercial court docket is final and
nonappealable.
The bill also allows that parties to a case that is filed in a judicial administrative
district that does not have a dedicated commercial court docket may, in certain
circumstances, jointly petition for transfer of the case to a commercial court docket.
Under the bill, no party may withdraw a request for transfer to the commercial court
docket after a judicial assignment of the case has been made.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
1 SECTION 1. Chapter 798 of the statutes is created to read:
2 CHAPTER 798
3 SPECIALTY COURTS
4 798.01 Legislative findings. The legislature finds all of the following:
5 (1) Specialized dockets for treatment courts and for commercial cases have
6 existed in this state and across the country for a number of years in recognition of
7 the fact that the interests of justice in general, and of litigants in particular, are
8 substantially enhanced when judges and other court personnel commit to take
 LRB-3042/1
2023 - 2024 Legislature -3- SWB:all
ASSEMBLY BILL 280 SECTION 1
1 specific training in the subject matter areas of a particular specialized docket and
2 then apply that training and expertise to the unique issues before the court. The use
3 of specialized dockets increases efficiencies and improve outcomes in the handling
4 of these cases.
5 (2) The commercial court docket has existed in this state for 5 years as a pilot
6 project in a number of counties and judicial districts and has been shown to reduce
7 substantially the time it takes to obtain a decision and increase the level of
8 satisfaction of the parties with the results in commercial disputes.
9 798.05 Treatment court dockets. (1) PURPOSE; AUTHORITY. The purpose of
10 this section is to statutorily recognize specialized dockets for treatment courts.
11 Treatment courts are designed to operate within the framework of the existing state
12 court system and specifically address underlying issues relating to criminal
13 behavior. Treatment courts provide treatment while working with a
14 multidisciplinary team to deploy a range of graduated rewards and sanctions with
15 the goal of engaging participants in treatment long enough to successfully address
16 any addiction or mental health issues and end the cycle of recidivism.
17 (2) DEFINITION. In this section, “treatment court” includes any of the following:
18 (a) Adult drug treatment court.
19 (b) Juvenile drug treatment court.
20 (c) Operating while intoxicated treatment court.
21 (d) Mental health treatment court.
22 (e) Family dependency treatment court.
23 (f) Veterans treatment court.
24 (g) Hybrid treatment court.
25 (h) Tribal healing to wellness court.
 2023 - 2024 Legislature -4- LRB-3042/1
SWB:all
ASSEMBLY BILL 280 SECTION 1
1 798.15 Commercial court docket. (1) PURPOSE; AUTHORITY. The purpose of
2 this section is to statutorily recognize a specialized docket for commercial cases in
3 state circuit courts. The commercial court docket is designed to operate within the
4 framework of the existing state court system with minimal impact on the balance of
5 court operations. It is intended to leverage judicial expertise in commercial law and
6 disputes with commercial litigants' desire to tailor case management practices best
7 suited for resolving substantial business disputes fairly and expeditiously.
8 (2) DEFINITIONS. In this section:
9 (a) “Business organization” includes a sole proprietorship, corporation,
10 partnership, limited liability company, limited partnership, professional
11 association, benefits corporation, service corporation, joint venture, bank, savings
12 bank, savings and loan association, or business trust. A “business organization”
13 excludes an individual, a family trust, or a political subdivision or governmental
14 entity.
15 (b) “Consumer contract or transaction” means a consumer contract or
16 transaction that is primarily for personal, family, or household purposes.
17 (3) SCOPE. (a) The commercial court procedures outlined in this section apply
18 to judicial administrative districts that have established specialized dockets for
19 commercial cases on the effective date of this paragraph .... [LRB inserts date], and
20 to any commercial court docket established after the effective date of this paragraph
21 .... [LRB inserts date], beginning on the date that docket is established. Courts with
22 specialized dockets for commercial cases shall be referred to as the commercial court.
23 (b) 1. The chief justice of the supreme court, after considering the
24 recommendation of the chief judge of the encompassing judicial administrative
25 district, shall select the circuit court judges in the judicial administrative districts
 LRB-3042/1
2023 - 2024 Legislature -5- SWB:all
ASSEMBLY BILL 280 SECTION 1
1 who will be assigned to the commercial court docket upon each judge's agreement to
2 so serve. The chief justice of the supreme court shall select at least all of the following
3 to participate in the commercial court under this section:
4 a. No fewer than 4 circuit court judges within the 2nd judicial administrative
5 district.
6 b. No fewer than 4 circuit court judges within the 3rd judicial administrative
7 district.
8 c. No fewer than 4 circuit court judges within the 5th judicial administrative
9 district.
10 d. No fewer than 4 circuit court judges within the 8th judicial administrative
11 district.
12 e. No fewer than 4 circuit court judges within the 10th judicial administrative
13 district.
14 f. No fewer than 4 circuit court judges within any judicial administrative
15 district that adds a commercial court docket.
16 2. A judge who presides in a commercial court docket is not prohibited from
17 working on any other assigned docket.
18 3. The chief justice of the supreme court may add additional judicial
19 administrative districts to the commercial court docket upon the recommendation of
20 the director of state courts.
21 (4) MANDATORY ASSIGNMENT OF CASES TO THE COMMERCIAL COURT DOCKET. (a) Any
22 case of a type described under par. (b) that is filed in a circuit court in which a
23 commercial court docket has been established shall be assigned to the commercial
24 court docket as provided under sub. (7).
 2023 - 2024 Legislature -6- LRB-3042/1
SWB:all
ASSEMBLY BILL 280 SECTION 1
1 (b) The commercial court shall have jurisdiction over any of the following types
2 of cases:
3 1. Cases involving the governance or internal affairs of business organizations,
4 including any of the following:
5 a. Claims between or among owners or constituents of a business organization.
6 b. Claims against officers, directors, or managers of a business organization.
7 c. Claims involving the indemnity of owners, officers, directors, or managers
8 of a business organization.
9 d. Claims involving the interpretation of the rights and obligations under the
10 law governing business organizations, such as chs. 178 to 181, 183, 185, 204, 214,
11 215, and 221 to 223, or any similar statute or law from another jurisdiction.
12 e. Claims involving the interpretation of the rights and obligations under any
13 agreement governing a business organization, such as the articles of incorporation,
14 bylaws, operating agreements, membership agreements, or partnership agreement
15 of the business organization.
16 2. Cases involving tortious or statutorily prohibited business activity, unfair
17 competition, or antitrust, including any of the following:
18 a. Claims under ch. 133.
19 b. Claims under s. 100.30 (5m) or (5r).
20 c. Claims under s. 134.01.
21 d. Claims of tortious interference with a business organization.
22 e. Claims involving restrictive covenants and agreements not to compete or
23 solicit.
24 f. Claims involving confidentiality agreements.
 LRB-3042/1
2023 - 2024 Legislature -7- SWB:all
ASSEMBLY BILL 280 SECTION 1
1 3. Cases involving the sale, consolidation, or merger of a business organization
2 or the conversion, share exchange, or sale of substantially all of the assets of a
3 business organization.
4 4. Cases involving the issuance, sale, or transfer of securities, including claims
5 for securities fraud under ch. 551, or any similar statute or law from another
6 jurisdiction.
7 5. Cases involving intellectual property rights, including any of the following:
8 a. Claims to determine the use, ownership, or status of trademarks, trade
9 secrets, or copyrights.
10 b. Claims under s. 134.90.
11 c. Claims involving any agreement relating to the licensing of any intellectual
12 property right, including patent rights.
13 6. Cases involving the relationship between a franchisor and franchisee or
14 similar distribution relationship, including any of the following:
15 a. Claims arising from ch. 135 or any similar statute or law from another
16 jurisdiction.
17 b. Claims arising from s. 134.93 or any similar statute or law from another
18 jurisdiction.
19 c. Claims arising from ch. 553 or any similar statute or law from another
20 jurisdiction.
21 7. Cases involving claims or disputes under ch. 402, 403, 404, 405, or 409, or
22 any similar statute or law from another jurisdiction, when the amount in controversy
23 exceeds $100,000, exclusive of interest, costs, and attorney fees.
24 8. Cases involving receiverships in excess of $250,000.
 2023 - 2024 Legislature -8- LRB-3042/1
SWB:all
ASSEMBLY BILL 280 SECTION 1
1 9. Cases involving confirmation of arbitration awards and compelling or
2 enforcing arbitration awards when the amount in controversy exceeds $100,000.
3 10. Cases involving commercial real estate construction disputes when the
4 amount in controversy exceeds $250,000.
5 (5) DISCRETIONARY ASSIGNMENT OF CASES TO THE COMMERCIAL COURT DOCKET. (a)
6 In addition to the cases identified under sub. (4) and that are not otherwise excluded
7 under sub. (6), parties to a case in a judicial administrative district in which there
8 is a commercial court docket may jointly move the chief judge of that judicial
9 administrative district for discretionary assignment of the case to that commercial
10 court docket. If the motion for discretionary assignment is granted, the case may be
11 assigned to a commercial court docket.
12 (b) In deciding a motion for discretionary assignment of a case to a commercial
13 court docket, the chief judge of the encompassing judicial administrative district
14 shall consider the parties to the dispute, the nature of the dispute, the complexity of
15 the issues presented, and whether the commercial court's resolution of the case will
16 provide needed guidance to influence future commercial behavior or assist in
17 resolving future disputes. The decision granting or denying a motion for a
18 discretionary assignment of a case to a commercial court docket is final and
19 nonappealable.
20 (6) INELIGIBLE CASE TYPES. The following cases may not be assigned to the
21 commercial court docket:
22 (a) Cases involving small claims under ch. 799.
23 (b) Cases involving a governmental entity or political subdivision seeking to
24 enforce a statutory or regulatory restriction or prohibition.
 LRB-3042/1
2023 - 2024 Legislature -9- SWB:all
ASSEMBLY BILL 280 SECTION 1
1 (c) Unless the claim or dispute identified in this subsection is ancillary and
2 incidental to a case assigned to the commercial court docket under sub. (4), cases
3 involving a consumer contract or transaction; disputes between landlords and
4 tenants; domestic relations claims; labor claims; receivership, insolvency, or
5 liquidation cases, except as provided in sub. (4) (b) 8.; malpractice claims; personal
6 injury claims; product liability claims; civil rights claims; tax disputes; cases seeking
7 to compel arbitration or to affirm or disaffirm an arbitration award, except as
8 provided in sub. (4) (b) 9.; construction claims, except as provided in sub. (4) (b) 10.;
9 or environmental claims.
10 (7) IDENTIFICATION AND ASSIGNMENT OF CASES TO COMMERCIAL COURT DOCKET. (a)
11 Plaintiff duties. At the time of the filing of the complaint