Universal Processing Services v. Circuit Court of Milwaukee County


2017 WI 26, 374 Wis. 2d 26, 892 N.W.2d 267 (2017)


Trial court impermissibly delegated judicial power to the referee which is constitutionally vested in the court system. The Wisconsin Constitution provides a judicial system for a resolution of disputes. Used properly, a court may appoint and assign functions to a referee. But in this case, the court’s order impermissibly delegated power to the referee by using the standard of erroneous exercise of discretion.

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