Waushara County v. Beatrice Bruning, 2025AP300, 8/7/25, District IV (ineligible for publication); case activity
In a case with a slightly convoluted procedural history, COA accepts the County’s concession that traffic citations are invalid as they resulted from a trial conducted before a court commissioner instead of a circuit court judge.
Bruning was cited for two traffic violations after a deputy spotted her car in a ditch. (¶2). She requested a trial, which was presided over by a court commissioner. (¶3). Although Bruning argued that she swerved to avoid hitting a deer and that her failure to keep her vehicle under control was justified by the emergency doctrine, the commissioner disagreed. (Id.). Bruning ran into procedural difficulties trying to appeal that order, however, before perfecting her appeal by obtaining an order denying a motion to reconsider the commissioner’s decision signed by the circuit court judge. (¶6).
On appeal, the County concedes that § 757.69, the statute describing the powers of circuit court commissioners, does not authorize a commissioner to preside over a contested traffic matter. (¶11). COA accepts that concession as it is consistent with plain statutory text. (Id.). Although there are some procedural wrinkles as to the posture of Bruning’s appeal, COA ultimately reads her pleadings below broadly in order to reach the merits and reverse. (¶13). It therefore remands for further proceedings, including a possible trial before the circuit court.