Universal Processing Services v. Circuit Court of Milwaukee CountyAnnotate this Case
Universal Processing Services of Wisconsin, LLC, d/b/a Newtek brought a lawsuit against one of its independent sales agents, Samuel Hicks, and his Idaho company, Merchant Card Services (collectively, Hicks). Here, Newtek petitioned the Supreme Court for a supervisory writ, asking the Court to exercise its constitutional authority to vacate an order of the circuit court appointing a retired judge as the referee and to vacate purportedly unlawful orders of the referee issued pursuant to the reference. In support of its petition, Newtek argued that the circuit court’s order appointing the referee expanded the role of the referee into the role of de facto circuit court judge in violation of the Wisconsin Constitution and Wis. Stat. 805.06. The Supreme Court reversed the orders of the circuit court and remanded, holding that the order of reference impermissibly delegated to the referee judicial power constitutionally vested in Wisconsin’s unified court system and infringed on the legislature’s authority to define a circuit court’s appellate jurisdiction.