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The Third Branch

Barron County opens night court for child support matters

By Judge James C. Babler, Barron County Circuit Court

Judge James C. Babler Sharon Millermon

Judge James C. Babler

Sharon Millermon

June 28 marked a milestone in Barron County and for the state of Wisconsin: the first night court session for child support hearings. The county is believed to be the first in the state to offer night court for child support matters. In its first two sessions, the court heard 22 cases – just slightly fewer than are handled in a regular daytime session. 

Here’s how we do it:

Barron County Justice Center

The Barron County Justice Center, where judges began holding nighttime child support hearings in June.

Clerk of Court Sharon Millermon and I began working to establish the court after learning of a similar program in California while attending a conference entitled Improving Rural Courts. The California program was conducting hearings in about one third of its child support cases at night. We brought the idea back to Barron County where the other two judges, Timothy M. Doyle and James D. Babbitt enthusiastically endorsed it.

Night child support court is designed to allow custodial and non-custodial parents to have their day in court and not lose income or use up vacation time. In the past, the judges have often been asked if the court hearings might be held at a different time. However, without night court, such an option was not possible. Where the main objective is to collect child support, it made little sense to have people lose work and income to attend court.

To start a night court

Night court is not possible without careful planning and cooperation. The new Barron County program took six months to establish. The first key step is to involve the right partners. They include:

  • Judges, whose support, leadership and willingness to preside over night court is crucial to success;
  • Clerk of Court, who needs to provide the staffing for the night court session;
  • Child Support Agency, which must be willing to provide an attorney to handle the cases;
  • Sheriff, because court security in these volatile cases is essential; and
  • Public Defender – defense counsel must be assigned to provide representation in contempt cases.

Once the planners have enlisted the cooperation of justice partners, several additional steps must be followed to ensure that the night session comes off without a hitch:

  • Meet with the child-support agency to determine appropriate day and time to regularly hold the night session;
  • Develop a protocol for determining which cases should be held at night;
  • Figure out how to communicate the availability of the night court, so that interested parties may request a night session; and
  • Select an implementation date.

Questions about establishing a night child-support court may be addressed to Judge James C. Babler, Barron County Circuit Court, (715) 537-6262.

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