Supreme Court Orders
Requests for Publication of
Court of Appeals Opinions
In the Matter of the Amendment of Rules of Appellate Procedure; Wis.
Stat. (Rule) 809.23(4) - Requests for Publication of Court of Appeals
Opinions
Order 96-10
The court held a public hearing March 18, 1997, on the petition of
the Court of Appeals seeking the amendment of Wis. Stat. (Rule)
809.23(4) to exclude from requests permitted for publication of Court of
Appeals opinions that are unreported or not recommended for publication
opinions by one court of appeals judge and per curiam opinions on issues
other than appellate jurisdiction or procedure. The amendment would also
establish a procedure for requests to have per curiam opinions that do
not address issues of appellate jurisdiction or procedure withdrawn,
authored and recommended for publication.
The court has considered the petition, the revised petition filed
March 6, 1997, the presentations at the public hearing, and the material
filed with the court in the matter.
IT IS ORDERED that, effective July 1, 1997, the rules of appellate
procedure are amended as follows:
1. 809.23(4) of the statutes is repealed and recreated to read:
(4) REQUEST FOR PUBLICATION. (a) Except as provided in para. (b), any
person may at any time file a request that an opinion not recommended
for publication or an unreported opinion be published in the official
reports.
(b) No request may be made for the publication of an opinion that is
a decision by one court of appeals judge under s. 752.31(2) and (3) or
that is a per curiam opinion on issues other than appellate jurisdiction
or procedure.
(c) A person may request that a per curiam opinion that does not
address issues of appellate jurisdiction or procedure be withdrawn,
authored and recommended for publication. That request shall be filed
within 20 days of the date of the opinion and shall be decided by the
panel that decided the appeal.
COURT OF APPEALS NOTE, 1997: A request under this
paragraph does not affect the time under sec. (Rule) 809.62 for filing a
petition for review. As in the case of reconsideration of a Court of
Appeals decision or opinion, withdrawal of an opinion renders that
opinion a nullity. Accordingly, a petition for review of that opinion
filed prior to its withdrawal is of no effect, except that the
petitioner may incorporate it by reference in a petition for review of
the opinion subsequently issued in the appeal or proceeding.
(d) A copy of any request made under this subsection shall be served
under s. 809.80 on the parties to the appeal or other proceeding in
which the opinion was filed. A party to the appeal or proceeding may
file a response to the request within 5 days after the request is
filed.
COURT OF APPEALS NOTE, 1997: The Court of Appeals
recognizes that many of its opinions are issued as per curiam opinions
that should not be published under sec. (Rule) 809.23(1)(b)5, Stats.
This amendment establishes a procedure whereby a person may request that
a per curiam opinion be withdrawn, authored and recommended for
publication. The amendment also expressly states that an opinion issued
by a single judge of the Court of Appeals under sec. 752.31(2) and (3),
Stats., will not be published.
IT IS FURTHER ORDERED that the notes of the Court of Appeals are not
adopted but shall be printed for information purposes.
IT IS FURTHER ORDERED that these amendments of the rules of appellate
procedure shall be given by a single publication of a copy of this order
in the official state newspaper and in an official publication of the
State Bar of Wisconsin.
Dated at Madison, Wis., this 17th day of April, 1997.
By the court:
Marilyn L. Graves, Clerk
Guardian ad Litem Legal Education
In the Matter of the Amendment of Supreme Court Rules: (Proposed)
SCR 31.02(3), 31.065 and 31.07(6)
- Guardian ad Litem Legal Education
Order 96-13
The court held a public hearing March 18, 1997, on the petition of
the Judicial Council of Wisconsin requesting the adoption of rules
establishing continuing legal education attendance requirements of
lawyers in order to be eligible to accept appointment as a guardian ad
litem for a minor in a proceeding under Chapter 48, 767 or 938 of the
statutes. The court has considered the presentations at that public
hearing and the materials submitted in the matter, including the revised
rule proposed for adoption addressing the concerns expressed by the
court at conference held immediately following the public hearing.
IT IS ORDERED that Chapter 35 of the Supreme Court Rules is created
to read:
SCR CHAPTER 35
ELIGIBILITY FOR APPOINTMENT
AS GUARDIAN AD LITEM
FOR A MINOR
1. SCR 35.01 Eligibility to accept an appointment.
Commencing on July 1, 1999, a lawyer may not accept an appointment by a
court as a guardian ad litem for a minor in an action or proceeding
under chapter 48, 767 or 938 of the statutes unless one of the following
conditions has been met:
(1) The lawyer has attended 30 hours of guardian ad
litem education approved under SCR 35.03.
(2) The lawyer has attended 6 hours of guardian ad
litem education approved under SCR 35.03 during the combined current
reporting period specified in SCR 31.01(7) at the time he or she accepts
an appointment and the immediately preceding reporting period.
(3) The appointing court has made a finding in
writing or on the record that the action or proceeding presents
exceptional or unusual circumstances for which the lawyer is otherwise
qualified by experience or expertise to represent the best interests of
the minor.
2. SCR 35.02 Effect of acceptance. A lawyer's
acceptance of appointment as a guardian ad litem for a minor in an
action or proceeding under chapter 48, 767 or 938 of the statutes
constitutes the lawyer's representation to the appointing court that the
lawyer is eligible to accept the appointment under SCR 35.01 and is
governed by SCR 20:3.3.
3. SCR 35.03 Approval of guardian ad litem
education. (1) The board of bar examiners
shall approve courses of instruction at a law school in this state and
continuing legal education activities that the board determines to be on
the subject of the role and responsibilities of a guardian ad litem for
a minor or on the subject matter of proceedings under chapter 48, 767 or
938 of the statutes and that are designed to increase the attendee's
professional competence to act as guardian ad litem for a minor in those
proceedings. The board of bar examiners may only approve courses of
instruction or continuing legal education activities that are conducted
after Jan. 1, 1995.
(2) The board of bar examiners shall designate, under SCR 31.05(3)
and 31.07, the number of hours applicable to SCR 35.01(1) and (2) for
each approved course of instruction and continuing legal education
activity.
(3) Approval of a course of instruction or continuing legal education
activity under sub. (1) constitutes approval of that course or activity
for purposes of continuing legal education under SCR chapter 31.
(4) The procedure for obtaining approval of courses of instruction
and continuing legal education activities is specified in SCR 31.08.
IT IS FURTHER ORDERED that a review of the operation of SCR chapter
35 shall be conducted in July 2001 or the year following, as the court
may direct.
IT IS FURTHER ORDERED that notice of this amendment of the Supreme
Court Rules shall be given by a single publication of a copy of this
order in the official state newspaper and in an official publication of
the State Bar of Wisconsin.
Dated at Madison, Wis., this 17th day of April, 1997.
By the court:
Marilyn L. Graves, Clerk
Clients' Security Fund
In the Matter of the Amendment of Supreme Court Rules, SCR 12.04(2)
and (3) - Clients' Security Fund
Order 96-15
The court held a public hearing April 15, 1997, on the petition of
the Board of Governors of the State Bar of Wisconsin asking that SCR
12.04(2) and (3) be amended to increase from $150,000 to $250,000 the
balance required to be maintained in the Clients' Security Fund. The
court has considered the petition filed Dec. 12, 1996, and the
presentation at the public hearing.
IT IS ORDERED that, effective the date of this order, the Supreme
Court Rules are amended as follows:
1. 12.04(2) and (3) of the Supreme Court Rules are amended to
read:
(2) Annual Assessments. Commencing with the state bar's July 1, 1982
fiscal year, every attorney shall pay to the fund such annual assessment
as are is necessary to maintain a balance in the
fund of $150,000 250,000, but in no event shall
any annual assessment exceed $15. An attorney whose annual state bar
membership dues are waived for hardship shall be excused from the
payment of the annual assessment for that year. An attorney shall be
excused from the payment of the annual assessment for the fiscal year
during which he or she is admitted to practice in Wisconsin.
(3) Certificate of Sufficiency. The committee shall determine the net
value of the fund as of May 1 of each year. Whenever the value of the
fund shall equal or exceed $150,000 250,000,
after deducting all claims which the committee has determined to pay and
which are not disposed of at the date of valuation and all expenses
properly chargeable against the fund, the committee shall file with the
supreme court prior to May 31 of that year a certificate of sufficiency
to that effect. When a certificate of sufficiency is filed with the
supreme court, there shall be no annual assessment for the next fiscal
year.
IT IS FURTHER ORDERED that notice of these amendments of the Supreme
Court Rules shall be given by a single publication of a copy of this
order in the official state newspaper and in an official publication of
the State Bar of Wisconsin.
Dated at Madison, Wis., this 16th day of April, 1997.
By the court:
Cornelia G. Clark, Chief Deputy Clerk
Number, Form and Length of Briefs
and Appendices
In the Matter of the Amendment of Rules of Appellate Procedure: Wis.
Stat. (Rule) 809.19(8)1 - Number, Form and Length of Briefs and
Appendices
Order 97-01
The court held a public hearing March 18, 1997, on the court's
proposal to amend Wis. Stat. (Rule) 809.19(8)1 to require that parties
file 22 copies of briefs and appendices in the Supreme Court, seven more
than the number required by the current rule. No appearances were made
at the public hearing and no materials were filed in response to the
notice of hearing.
IT IS ORDERED that, effective July 1, 1997, Wis. Stat. 809.19(8)1 is
amended to read:
1. Except as provided in s. 809.43, a person who files a brief or
appendix in the supreme court shall file 15 22
copies with the court, or such other number as the court directs, and
serve 3 copies on each party.
IT IS FURTHER ORDERED that notice of this amendment of the rules of
appellate procedure shall be given by a single publication of a copy of
this order in the official state newspaper and in an official
publication of the State Bar of Wisconsin.
Dated at Madison, Wis., this 17th day of April, 1997.
By the court:
Marilyn L. Graves, Clerk n
Wisconsin
Lawyer
