In RE MARRIAGE OF BIEL v. Biel

John Biel appeals an order finding him in contempt of court and committing him to the county jail. The contempt was prosecuted by the family court commissioner for nonpayment of child support. The primary issue is whether the contempt proceeding was "prosecuted by the state" within the meaning of sec. 785.03(3), Stats., so that criminal, rather than civil, rules apply to the appeal. We answer the question in the affirmative.

The Rules of Appellate Procedure distinguish between civil and criminal appeals. Section 808.04(1), Stats., states the general requirement that appeals in civil cases are…