State v. Williams

¶ 62. SHIRLEY S. ABRAHAMSON, C.J.

{concurring). The instant case requires the court to determine whether one aspect of Wis. Stat. § 757.69(1)(b), namely the language that grants court commissioners authority to issue search warrants, is an unconstitutional delegation of judicial power violating Article VII, Section 2 of the Wisconsin Constitution. The court is not asked to decide, and does not decide, whether all the powers of court commissioners set forth in Wis. Stat. § 757.69(1)(b) or in § 757.69 are constitutional.1

¶ 63. The question before the court is whether a court commissioner's…