Vol. 80, No. 8, August 2007
Appellate Procedure
In the matter of the Proposed Amendment to Wis. Stat. Rule 809.19 (Briefs and Appendix)
Order 07-03
On March 22, 2007, Thomas Cane, Chief Judge, Wisconsin Court of Appeals, filed a petition asking this court to amend Wis. Stat. Rule 809.19.
IT IS ORDERED that a public hearing on the petition shall be held in the Supreme Court Room in the State Capitol, Madison, Wis., on Oct. 5, 2007, at 9:30 a.m.
IT IS FURTHER ORDERED that the court's conference in the matter shall be held promptly following the public hearing.
IT IS FURTHER ORDERED that notice of the hearing be given by a single publication of a copy of this order and of the petition in the official state newspaper and in an official publication of the State Bar of Wisconsin not more than 60 days nor less than 30 days before the date of the hearing.
Dated at Madison, Wis., this 5th day of July, 2007.
By the court:
David R. Schanker, Clerk of Supreme Court
Petition
The Court of Appeals respectfully petitions the Supreme Court to amend Wis. Stat. Rules 809.19(2)(a), 809.19(2)(b), and 809.19(3)(b) as follows:
(2) Appendix. (a) Contents. The appellant's brief shall include a short appendix providing relevant trial court record entries , containing, at a minimum, the findings or opinion of the trial circuit court and limited portions of the record essential to an understanding of the issues raised, including oral or written rulings or decisions showing the trial circuit court's reasoning regarding those issues. If the appeal is taken from a circuit court order or judgment entered in a s. 227.52 judicial review of an administrative decision, the appendix shall also contain the findings of fact, conclusions of law and final decision of the administrative agency. The appendix shall include a table of contents. If the record is required by law to be confidential, the portions of the record included in the appendix shall be reproduced using first names and last initials instead of full names of persons, specifically including juveniles and parents of juveniles, with a notation that the portions of the record have been so reproduced to preserve confidentiality and with appropriate references to the record.
(2) (b) Certification. An appellant's counsel shall append to the appendix a signed certification that the appendix meets the content requirements of par. (a) in the following form:
I hereby certify that filed with this brief, either as a separate document or as a part of this brief, is an appendix that complies with s. 809.19(2)(a) and that contains, at a minimum: (1) a table of contents; (2) relevant trial court record entries; (3) the findings or opinion of the trial circuit court; and (4 3) portions of the record essential to an understanding of the issues raised, including oral or written rulings or decisions showing the trial circuit court's reasoning regarding those issues.
I further certify that if this appeal is taken from a circuit court order or judgment entered in a s. 227.52 judicial review of an administrative decision, the appendix contains the findings of fact, conclusions of law and final decision of the administrative agency.
I further certify that if the record is required by law to be confidential, the portions of the record included in the appendix are reproduced using first names and last initials instead of full names or persons, specifically including juveniles and parents of juveniles, with a notation that the portions of the record have been so reproduced to preserve confidentiality and with appropriate references to the record.
Signed:………
Signature
(3) Respondent's Brief.
(a)1. The respondent shall file a brief within the later of any of the following:
a. Thirty days after the date of service of the appellant's brief, and 3 additional days under s. 801.15(5)(a) if service is accomplished by mail.
b. Thirty days after the date on which the court accepts the appellant's brief for filing.
c. Thirty days after the date on which the record is filed in the office of the clerk.
2. The brief must conform with sub. (1), except that the statement of issues and the statement of the case may be excluded.
3. Within the time limits for filing a respondent's brief, a party who has been designated as a respondent may file a statement with the court that it will not be filing a brief because its interests are not affected by the issues raised in the appellant's brief or because its interests are adequately represented in another respondent's brief.
(b) The respondent may file with his or her brief a supplemental appendix in conformity with sub. (2). A certification as to content of the supplemental appendix, in a form substantially similar to that set forth in s. 809.19(2)(b), shall be appended to a supplemental appendix filed by respondent's counsel.
Note: This petition refines the appendix certification requirement created in No. 04-11, 2005 WI 149, effective Jan. 1, 2006. This petition deletes language no longer meaningful given current circuit court recordkeeping practices; clarifies that the enumerated appendix items are the minimum required contents of an appendix; and creates a requirement that the administrative agency's findings of fact, conclusions of law and decision be included in the appendix when the appeal arises from a ch. 227 judicial review matter. This petition also clarifies the certification requirement for a respondent who chooses to file a supplemental appendix.
This petition is directed to the Supreme Court's rule-making authority under Wis. Const., art. VII, sec. 3(1) and Wis. Stat. § 751.12.
Respectfully submitted.
Thomas Cane, Chief Judge, Wisconsin Court of Appeals
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Judicial Continuing Education
In the matter of the Amendment of Supreme Court Rule 32.09 regarding continuing education for Wisconsin judiciary Order 07-05
On April 17, 2007, A. John Voelker, Director of State Courts, filed a petition asking this court to amend Supreme Court Rule 32.09 regarding continuing education for the Wisconsin Judiciary.
IT IS ORDERED that a public hearing on the petition shall be held in the Supreme Court Room in the State Capitol, Madison, Wis., on Oct. 5, 2007, at 9:30 a.m.
IT IS FURTHER ORDERED that the court's conference in the matter shall be held promptly following the public hearing.
IT IS FURTHER ORDERED that notice of the hearing be given by a single publication of a copy of this order and of the petition in the official state newspaper and in an official publication of the State Bar of Wisconsin not more than 60 days nor less than 30 days before the date of the hearing.
Dated at Madison, Wisconsin, this 5th day of July, 2007.
By the court:
David R. Schanker, Clerk of Supreme Court
Petition
The Director of State Courts, on the recommendation of the Judicial Education Committee, hereby petitions the court to make two amendments to the Supreme Court Rules regarding continuing education for Wisconsin Judiciary, pursuant to the court's rulemaking authority under § 751.12 and its administrative authority over all courts conferred by Article VII, § 3 of the Wisconsin Constitution. The proposed amendment is merely a technical amendment and does not alter existing practice.
SCR 32.09 should be amended to clarify that the sanctions set forth in this section are applicable to a judge who does not obtain 60 credits each period of the 6 years as required by SCR 32.02. As currently written SCR 32.09 only references failure to meet the requirements of SCR 32.04 (attendance at judicial college, criminal law-sentencing institute, and prison tour) and 32.05 (annual 5 credit in-state educational activity) but does not reference SCR 32.02 (60 credits each period of 6 years).
The lack of reference to SCR 32.02 in SCR 32.09 creates ambiguity as to whether there is a sanction available for failure of a judge to comply with SCR 32.02. To remove any ambiguity in this rule, the Director of State Courts Office respectfully requests that the court make the following amendments to SCR 32.09:
SCR 32.09 Noncompliance.
(1) If a judge fails to meet the requirements of SCR 32.04 or 32.05, comply with the provisions of this chapter, the director of judicial education shall send the judge a notice of noncompliance by registered or certified mail. The nature of noncompliance shall be specified in the notice. Copies of the notice shall be sent to the director of state courts and to the chief judge of the court of appeals or administrative district. The notice shall inform the judge that an extension is being granted for compliance. The director of judicial education shall have the authority to set the period of extension up to six months, which will be of such duration to reasonably allow compliance. For good cause, the judicial education committee may extend the period for compliance.
(2) After the period of the extension has passed and the judge has not complied with this order, the director of judicial education shall refer the violation to the judicial education committee for a hearing and send the judge a notice of the hearing by registered or certified mail.
(3) If the judicial education committee finds the judge has not complied with SCR 32.04 or 32.05 this chapter, it shall refer the matter to the supreme court for such action as it deems appropriate. Notice of such referral shall be sent to the director of state courts and the chief judge of the court of appeals or appropriate administrative district.
Respectfully submitted,
A. John Voelker, Director of State Courts
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Wisconsin Lawyer
