(dissenting). I do not disagree with the majority's conclusion that the determination of the circuit court is "final and conclusive." Where I disagree with my respected colleagues is in the discharge of our supervisory responsibilities when circumstances are presented to us that warrant the execution of those responsibilities. As stated in State ex rel. Swan v. Elections Bd., 133 Wis. 2d 87, 96, 394 N.W.2d 732, 736 (1986), "[t]he court of appeals has power to decide questions publici juris which are brought to it by appeal or which it considers under its supervisory jurisdiction."
*142When a trial court is reviewing the determination of a fire and police commission under § 62.13(5)(i), STATS., the standard of review as detailed in the statute1 is to ensure the rights of people subject to the actions of a fire and police commission or a municipal committee serving in that capacity. It is important that if people subject to that jurisdiction wish to contest the determinations, that the proper standard of review is employed. If it is not, I believe there must be a remedy, and such is the case here. The record reflects the following comments by the reviewing trial court:
[W]hen the petitioner enjoys a direct appeal right under section 62.13(5)(i), the scope of circuit court certiorari review is limited to the first two factors, whether the board had jurisdiction, and whether it acted under a correct view of the law.
In this case, the responsibility and duty of the Fire and Police Commission was to listen to the evidence, to weigh the evidence, to determine whether or not in this case Ms. Neuhart was credible and whether they believed her, that these allegations were true. It is the peculiar responsibility of the Fire and Police Commission to determine the credibility of the witnesses and to weigh the *143evidence. The Commission stated that it recognized that the prosecution had the burden of proof in this case.
There were many days of hearings. There were competent counsel on both sides. I'm sure the Police and Fire Commission of Oak Creek never thought it would get involved in a protracted piece of litigation such as this.
I think that the Fire and Police Commission upon remand applied the correct standard of law, and they did not shift the burden of proof. They weighed the credibility of the witnesses. They weighed the evidence.
Whether this Court would have come to the same conclusion as the Police and Fire Commission did doesn't make any difference. The only thing this Court has to do is determine whether there was just cause and whether the Commission gave the Chief a fair opportunity to be heard and represented its judgment and not its will. In all of those aspects I think the Police and Fire Commission now appropriately applied the correct standards and rules.
And therefore the judgment of the Police and Fire Commission is affirmed.
(Emphasis added.) This exposition reveals the circuit court's lack of clarity with respect to the proper standard of review by which it was bound. The circuit court failed to employ a de novo standard or conduct an independent review of the record to determine whether "just cause" existed to sustain the charges. Rather, it deferred to the commission. The change in the statute is of such significance that it necessitates this court's intervention in order to assist future litigants and reviewing courts. Accordingly, I would elect to exercise our supervisory jurisdiction to correct the circuit court in this case because it applied an improper standard of *144review. I would remand the case to the circuit court with directions to consider the appeal subject to the proper standard of review.
Section 62.13(5)(i), Stats., provides in pertinent part: "The question [upon review] to be determined by the [circuit] court shall be: Upon the evidence is there just cause, as described under par. (em), to sustain the charges against the accused?"
It is significant to note that this section was recently amended to require the circuit court to conduct a de novo review. See 1993 Wis. Act 53, § 7. Prior to the amendment, the circuit court's review required the court to defer to the commission's decision because the standard stated the circuit court shall determine whether "the order of the board [was] reasonable." See § 62.13(5)(i), STATS. 1991-92.