(1) Except for an action for a financial responsibility violation under s. 344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $24 justice information system surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62 (1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in addition to the surcharge listed in sub. (1m).
814.86.Justice information system surcharge and special prosecution clerks surcharge.
Ch. 814: Court Costs, Fees, and Surcharges · Last amended 2025 · Last verified July 15, 2026
In one sentenceSection 814.86 layers a justice information system surcharge onto the same fees that trigger the court support services surcharge, and adds a further special prosecution clerks surcharge on top of that in Milwaukee County circuit court.
Full Text of Section 814.86
Official Notes
NOTE: Sub. (1) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads: (1) Except for an action for a financial responsibility violation under s. 344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $21.50 justice information system surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62 (1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in addition to the surcharge listed in sub. (1m). (1m) Beginning on November 1, 2026, whenever the clerk of circuit court for Milwaukee County charges and collects a surcharge under sub. (1), he or she shall also charge and collect a $7.50 special prosecution clerks surcharge. The special prosecu- tion clerks surcharge is in addition to the surcharge listed in sub. (1).
NOTE: Sub. (1m) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads: (1m) Beginning on October 1, 1995, whenever the clerk of circuit court for Milwaukee County charges and collects a surcharge under sub. (1), he or she shall also charge and collect a $3.50 special prosecution clerks surcharge. The special prosecution clerks surcharge is in addition to the surcharge listed in sub. (1). (1s) Of each surcharge collected by the clerk under sub. (1), the county treasurer shall pay $23 to the secretary of administration under s. 59.25 (3) (p) and shall retain the balance for the use of the county.
NOTE: Sub. (1s) is created eff. 11-1-26 by 2025 Wis. Act 179. (2) The clerk shall pay the moneys collected under sub. (1m) to the county treasurer under s. 59.40 (2) (m). The county treasurer shall pay those moneys to the secretary of administration under s. 59.25 (3) (p).
NOTE: Sub. (2) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads: (2) The clerk shall pay the moneys collected under subs. (1) and (1m) to the county treasurer under s. 59.40 (2) (m). The county treasurer shall pay those moneys to the secretary of administration under s. 59.25 (3) (p).
Plain-English Summary
Except for an action involving a financial responsibility violation under s. 344.62 (2) or a violation under s. 343.51 (1m) (b) or s. 347.48 (2m), the clerk of circuit court charges a justice information system surcharge — currently $21.50, rising to $24 on November 1, 2026 — whenever someone, including a governmental unit, pays specific underlying fees: the standard commencement fee, the third-party complaint fee, or the municipal-court-appeal fee under s. 814.61, several garnishment and small claims fees under s. 814.62, or the forfeiture fee under s. 814.63 (1). This surcharge stacks on top of the special prosecution clerks surcharge described next.
That second surcharge applies only in Milwaukee County. Whenever the Milwaukee County circuit court clerk collects the justice information system surcharge, that clerk also collects a further special prosecution clerks surcharge — currently $3.50, rising to $7.50 — in addition to the justice information system surcharge itself. No other county’s clerk collects this second charge.
Money the clerk collects gets funneled through the county treasurer toward the secretary of administration under s. 59.25 (3) (p). Currently, that remittance path under (2) covers everything collected under both the justice information system surcharge and the special prosecution clerks surcharge together. Starting November 1, 2026, a newly created (1s) instead sets a defined split for the justice information system surcharge itself — $23 of each surcharge collected goes to the secretary of administration, with the county keeping the balance — while (2)’s general remittance rule narrows to cover only the special prosecution clerks surcharge going forward.
Frequently Asked Questions
What is the Wisconsin justice information system surcharge?
A surcharge the clerk of circuit court adds when a person pays specific fees listed in section 814.86 (1), such as the standard commencement fee, the third-party complaint fee, or several garnishment and small claims fees.
How much is the justice information system surcharge?
Currently $21.50, rising to $24 on November 1, 2026, under 2025 Wisconsin Act 179.
What is the special prosecution clerks surcharge, and who pays it?
An additional surcharge only the Milwaukee County circuit court clerk collects, on top of the justice information system surcharge. Currently $3.50, it rises to $7.50 on November 1, 2026.
Does the justice information system surcharge apply to a safety belt violation?
No. Section 814.86 (1) exempts violations under s. 343.51 (1m) (b) and s. 347.48 (2m), along with financial responsibility violations under s. 344.62 (2).
Is the special prosecution clerks surcharge charged statewide in Wisconsin?
No, only in Milwaukee County, whenever that county’s circuit court clerk collects the justice information system surcharge under (1).
Amendment History
History: 1987 a. 27; 1989 a. 22; 1991 a. 26, 39; 1993 a. 16; 1995 a. 27, 201; 1997 a. 27; 1999 a. 9; 2003 a. 30, 33; 2003 a. 139 s. 201; Stats. 2003 s. 814.86; 2003 a. 326; 2005 a. 25, 455; 2009 a. 28, 100; 2025 a. 179.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: wisconsin justice information system surcharge814.86 wisconsin statutespecial prosecution clerks surcharge milwaukeeJIS surcharge wisconsin court