Village of Trempealeau, Plaintiff-Respondent v. Mike R. Mikrut, Defendant-Appellant-Petitioner

Summary

The Wisconsin Supreme Court held that Wisconsin circuit courts always possess constitutional subject matter jurisdiction, but statutory noncompliance may deprive a court of competency to proceed in a particular case. Because competency is distinct from subject matter jurisdiction, a competency challenge is generally waived if not raised in the circuit court, although appellate courts may overlook waiver or grant discretionary or extraordinary collateral relief. The court affirmed the judgment against Mikrut because he first raised his competency challenge after the judgment had been affirmed on direct appeal. Chief Justice Abrahamson, joined by Justice Ann Walsh Bradley, concurred in the result but contended that the majority adopted an overly broad bright-line waiver rule.