Supreme Court Orders

Appellate Procedure - Proposed Changes

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In the Matter of the Amendment of the Rules of Appellate Procedure: Wis. Stat. §§ 808.04(1), (3) and (4); 808.07(6); 808.075(2) and (8); 808.10; 809.01(5); 809.10(1); 809.107(5), (5m) and (6am); 809.11(4) to (8); 809.13; 809.14(1), (2) and (3); 809.15(2) to (5); 809.16; 809.17; 809.19(1), (3), (4), and (6) to (11); 809.24; 809.25(1) and (3); 809.26; 809.30(1) to (4); 809.31(5); 809.32(1) to (4); 809.40(1), (3) and (4); 809.41(1) to (4); 809.43(1) and (2); 809.50(1), (2) and (3); 809.51(2); 809.60(1) and (2); 809.62(3), (4) and (8); 809.64; 809.70(2); 809.80(1) and (3) to (5); 809.81(2) and (8); 809.82(2)(d); 809.83(2)

Order 00-02

On Feb. 2, 2000, the Judicial Council of Wisconsin filed a petition seeking the amendment of numerous rules of appellate procedure provided in Wis. Stat. chapters 808 and 809. The intended purpose of the proposed amendments is set forth in the Comments of the Judicial Council, which the Judicial Council asks be published with the amendments as Judicial Council Committee Notes.

IT IS ORDERED that a public hearing on the petition shall be held in the Supreme Court Hearing Room, 119 Martin Luther King Jr. Blvd., Madison, Wis., on Oct. 23, 2000, at 1:30 p.m.

IT IS FURTHER ORDERED that the court's conference in the matter shall be held promptly following the public hearing and, if necessary, continued on Oct. 24, 2000.

IT IS FURTHER ORDERED that notice of the hearing be given by publication of a copy of this order and of the petition in the official state newspaper once each week for three consecutive weeks 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 28th day of April, 2000.

By the court:
Cornelia G. Clark, Clerk

Petition

The Judicial Council respectfully petitions this court for an order pursuant to section 751.12, Stats., adopting the following amendments to Chapter 808, Appeals and Writs of Error, and Chapter 809, Rules of Appellate Procedure. This petition is explained in the comments to the text that were supplied by the Judicial Council. The Judicial Council further respectfully petitions this court to publish the comments as Judicial Council Committee Notes to the adopted amendments.

SECTIONS 808.04 (1), (3) and (4) of the statutes are amended to read:

808.04 Time for appeal to the court of appeals. (1) Initiating an appeal. An appeal to the court of appeals must be initiated within 45 days of entry of a final judgment or order appealed from if written notice of the entry of a final judgment or order is given within 21 days of the final judgment or order as provided in s. 806.06(5), or within 90 days of entry if notice is not given, except as provided in this section or otherwise expressly provided by law. Time limits for seeking review of a non-final judgment or order are established in s. 809.50.

(3) Except as provided in subs. (4) and (7), an appeal in a criminal case, or a case under ch. 48, 51, 55 or, 938 or 980 or a proceeding under s. 971.17 shall be initiated within the time period specified in s. 809.30 or 809.32.

(4) Except as provided in sub. (7m), an appeal by the state in either a criminal case under s. 974.05 or a case under ch. 48 or, 938 or 980 or a proceeding under s. 971.17 shall be initiated within 45 days of entry of the judgment or order appealed from.

COMMENT to Section 808.04: The word "final" has been inserted before "judgment or order" in sub. (1). The amendment specifies that the 45-day time limit applies in appeals from final orders and the 10-day time limit in s. 809.50 applies to appeals from non-final orders. Subs. (3) and (4) have been modified to include appeals in ch. 980 cases and s. 971.17 proceedings.

SECTION 808.07(6) of the statutes is amended to read:

808.07(6) Sureties on undertakings. A surety shall file with the undertaking an affidavit that the surety has a net worth in property within this state not exempt from execution which exceeds the amount of the undertaking, except as provided in s. 632.17(2). The respondent may by motion object to the sufficiency of a surety within 10 14 days after service of a copy of the undertaking.

COMMENT to Section 808.07: This is the first of fifteen statutes scattered throughout the rules in which a 10-day deadline is being changed to a 14-day deadline. Also 7-day deadlines are being changed to 11-day deadlines. Many of the current deadlines in Chapter 809 are either 7 or 10 days and are affected by s. 801.15(1)(b), which excludes "Saturdays, Sundays and holidays" from time periods "less than 11 days." Additionally, many time periods in ch. 809 run from the service of a document, and under s. 801.15(5)(a), when a document is served by mail, 3 days are added to the prescribed period. The interplay of s. 801.15 and ch. 809 causes many of the time periods in ch. 809 to be substantially longer than the number of days specified in the Rules. The varying time periods have made automation of the court's deadlines difficult.

The proposed amendment of all of the 7-day or 10-day deadlines to 11 and 14 days, respectively, will remove the impact of s. 801.15(1)(b) on the Rules of Appellate Procedure. However, there will be little adverse impact on the time actually given to parties. The proposed change will greatly facilitate the court's calculation of deadlines. If circumstances demand a different time period, the court may set an appropriate deadline under s. 809.82(2)(a).

SECTION 808.075(2) of the statutes is amended to read:

808.075 (2) In a case appealed under s. 809.30, the circuit court retains the power to act on all issues until the notice of appeal has been filed with the clerk of the trial circuit court, except that the circuit court may not act upon any motion to extend a time limit that is specified in s. 809.30. Thereafter, the circuit court may act only as provided in subs. (1) and (4).

SECTION 808.075(8) of the statutes is created to read:

808.075(8) If an appellate court remands the record to the circuit court for additional proceedings under sub. (5) or (6), the appellate court, in the pending appeal, may review the judgment or order that the circuit court enters following remand. If any party is aggrieved by the judgment or order of the circuit court, the party shall file in the appellate court a written statement of its objections to the judgment or order within 14 days after the record is returned to the clerk of the appellate court. A party that files a statement of objections need not file an additional notice of appeal or cross-appeal.

COMMENT to Section 808.075: The second sentence in sub. (2) is a codification of State v. Harris, 149 Wis. 2d 943, 440 N.W.2d 364 (1989). Subsection (8) is new and is intended to clarify procedure following a remand and to eliminate an additional notice of appeal or cross-appeal.

SECTION 808.10 of the statutes is amended to read:

808.10. Review by the supreme court. A decision of the court of appeals is reviewable by the supreme court only upon a petition for review granted by the supreme court. The petition for review shall be filed in the supreme court within 30 days of the date of the decision of the court of appeals, except as provided in s. 809.62(8).

COMMENT to 808.10: Section 808.10 is amended to cross-reference statutory provisions modifying the time for filing a petition for review when a party files a motion for reconsideration of a court of appeals decision or order.

SECTION 809.01(5) of the statutes is amended to read:

809.01(5) "Cross-appellant" means a respondent who files a notice of cross-appeal or a respondent who files a statement of objections under s. 808.075(8).

SECTION 809.10(1) of the statutes is repealed and recreated to read:

809.10(1) Notice of appeal. (a) Filing. A person shall initiate an appeal by filing a notice of appeal with the clerk of the circuit court in which the judgment or order appealed from was entered.

(b) Content: The notice of appeal shall include all of the following:

1. The case name and number.
2. An identification of the judgment or order from which the person filing the notice intends to appeal and the date on which it was entered.
3. A statement whether the appeal is in one of the types of cases specified in s.752.31(2).
4. A statement whether the appeal is one of those to be given preference in the circuit court or court of appeals pursuant to statute.
5. If the appeal is under s. 809.30 or 809.32, a statement of the date of service of the last transcript or copy of court record if no post-conviction motion is filed, the date of the order deciding postconviction motions, or the date of any other notice of appeal deadline that was established by the court of appeals.
6. If counsel is appointed under ch. 977, a copy of the order appointing counsel.

   (c) Copies of the notice. At the same time the person files the notice of appeal, the person shall send a copy of the notice of appeal to the clerk of the court of appeals.

   (d) Docketing statement. The person shall also send the court of appeals an original and one copy of a completed docketing statement on a form prescribed by the court of appeals. The statement shall accompany the court of appeals' copy of the notice of appeal. The person shall also send a copy of the completed docketing statement to opposing counsel. Docketing statements need not be filed in appeals brought under ss. 809.32, 974.06(7), 809.105, 809.107, or in cases in which a party appears pro se. Docketing statements need not be filed in appeals brought under ss. 809.30 and 809.40, except that a docketing statement shall be filed in cases arising under chs. 48, 51, 55 and 938.

   (e) Time for filing. The notice of appeal must be filed within the time specified by law. The filing of a timely notice of appeal is necessary to give the court jurisdiction over the appeal.

   (f) Error in content not jurisdictional defect. An inconsequential error in the content of the notice of appeal is not a jurisdictional defect.

COMMENT to Section 809.10: Former sub. (1)(a) has been repealed and recreated as subs. (1)(a) to (d). Subsection 1(d) clarifies when a docketing statement must be filed. Former sub. (1)(b) has been repealed and recreated as sub. (1)(e). Subsection (1)(f) is new and codifies existing law. See Northridge Bank v. Community Eye Care Ctr., 94 Wis. 2d 201, 203, 287 N.W.2d 810, 811 (1980); Carrington v. St. Paul Fire & Marine Ins. Co., 169 Wis. 2d 211, 217 n.2, 485 N.W.2d 267, 269 n.2 (1992).

Note: Please see s. 809.32 for special requirements for a Notice of Appeal in a No Merit Report appeal.

SECTION 809.107(5) of the statutes is repealed and recreated to read:

809.107 (5) Notice of appeal; record.

(a) Filing; copy. Within 30 days after service of the transcript, the person filing a notice of intent to appeal under sub. (2) shall file a notice of appeal as provided in s. 809.10(1) and serve a copy of the notice on the persons required to be served under sub. (2).

(b) Transmittal of record. The clerk of the trial court shall transmit the record to the court of appeals as soon as the record is prepared but in no event more than 15 days after the filing of the notice of appeal.

(c) Ordering transcripts and court record. The appellant shall request a copy of the transcript of the reporter's notes of the proceedings for each of the parties to the appeal and make arrangements to pay for the transcript and copies within 5 days of the filing of the notice of appeal. The appellant may order a copy of the court record within 5 days.

(d) Statement on transcript. The appellant shall file a statement on transcript with the clerk of the court of appeals, and shall file a copy of the statement on transcript with the clerk of the circuit court within 5 days of the filing of the notice of appeal in the circuit court. The statement on transcript shall either designate the portions of the transcript that have been requested by the appellant or contain a statement by the appellant that a transcript is not necessary for prosecution of the appeal. If a transcript is necessary for prosecution of the appeal, the statement on transcript shall also contain a statement by the court reporter that the appellant has requested copies of the transcript or designated portions thereof for each of the other parties; that the appellant has made arrangements to pay for the original transcript and for all copies for other parties; the date on which the appellant requested the transcript and made arrangements to pay for it; and the date on which the transcript must be served on the parties.

(e) Service of transcript. The court reporter shall serve copies of the transcript on the parties indicated in the statement on transcript within 5 days after the date the appellant requested copies of the transcript.

SECTION 809.107(5m) of the statutes is created to read:

(5m) No merit reports. A Rule 809.32 no merit report, response and supplemental no merit report may be filed in an appeal from an order or judgment terminating parental rights. The appointed attorney shall file in the court and serve on the client parent the no merit report and certification within the time period under sub. (6)(a). The parent may file in the court and the clerk shall serve on the attorney a response to the no merit report within the time period under sub. (6)(b). The attorney may file a supplemental no merit report and affidavit(s) within the time period under sub. (6)(c). After a no merit report has been filed and upon request by the client parent, the attorney shall transmit to the parent a copy of the transcript and the court record.

SECTION 809.107(6)(am) of the statutes is created to read:

809.107(6)(am) Motion for remand. If the appellant intends to appeal on any ground that may require post-judgment fact-finding, the appellant shall file a motion in the court of appeals, within 15 days after the filing of the record on appeal, raising the issue and requesting that the court of appeals retain jurisdiction over the appeal and remand to the circuit court to hear and decide the issue. If the court of appeals grants the motion for remand, it shall set time limits for the circuit court to hear and decide the issue, for the appellant to request transcripts of the hearing and for the court reporter to file and serve the transcript of the hearing, and the court of appeals shall extend the time limit under par. (a) for the appellant to file a brief presenting all grounds for relief in the pending appeal.

COMMENT to Section 809.107: Former sub. (5) has been recreated as subs. (5)(a) and (b). Subsection (5)(c) is new and requires the appellant to request a transcript for the other parties to the appeal. Subsection (5)(d) is new and requires the appellant to file a statement on transcript. Subsection (5)(e) is new and requires the court reporter to serve copies of the transcript within 5 days after it is ordered. Subsection (5m) is new and codifies Brown County v. Edward C.T., 218 Wis. 2d 160, 579 N.W.2d 293 (Ct. App. 1998), which extends the no merit procedure to TPR cases. Subsection (6)(am) is new and provides a procedure for ineffective assistance of counsel claims and other claims that require fact-finding after the final judgment or order has been entered.

SECTION 809.11(4) of the statutes is repealed and recreated to read:

809.11(4) Requesting transcripts and filing statement on transcript.

(a) The appellant shall request a copy of the transcript of the reporter's notes of the proceedings for each of the parties to the appeal and make arrangements to pay for the transcript and copies within 14 days of the filing of the notice of appeal.

(b) The appellant shall file a statement on transcript with the clerk of the court of appeals, and shall file a copy of the statement on transcript with the clerk of the circuit court within 14 days of the filing of the notice of appeal in the circuit court. The statement on transcript shall either designate the portions of the transcript that have been ordered by the appellant or contain a statement by the appellant that a transcript is not necessary for prosecution of the appeal. If a transcript is necessary for prosecution of the appeal, the statement on transcript shall also contain a statement by the court reporter that the appellant has requested copies of the transcript or designated portions thereof for each of the other parties; that the appellant has made arrangements to pay for the original transcript and for all copies for other parties; the date on which the appellant requested the transcript and made arrangements to pay for it; and the date on which the transcript must be served on the parties.

SECTIONS 809.11(5) to (8) of the statutes are created to read:

809.11(5) Additional Portions of Transcript. Within 14 days after service of a statement on transcript as required by sub. (4), any other party may file a designation of additional portions to be included in the transcript. Within 14 days after the service of such a designation, the appellant shall file the statement required by sub. (4)(b) covering the other party's designation. If the appellant fails or refuses to request the designated portions the other party may request the portions, or move the circuit court for an order requiring the appellant to do so.

(6) Cross Appeals. Subsections (4) and (5) apply to cross-appellants.

(7) Reporter's obligations. (a) Service of transcript copies. The reporter shall serve copies of the transcript on the parties to the appeal, file the transcript with the trial court and notify the clerk of the court within 60 days of the date the transcript was requested and arrangements were made for payment. If supplementation or correction of the record is ordered, the reporter shall serve copies of the supplemental or corrected transcript on the parties to the appeal, file the supplemental or corrected transcript with the trial court, and notify the clerk of the court within 20 days of the order for supplementation or correction, or within the time limit set by order of the court.

(b) Return of statement regarding transcript arrangements. The reporter shall sign and send to the appellant, within 5 days after receipt, the statement regarding transcript arrangements and service required under sub. (4)(a).

(c) Extensions. A reporter may obtain an extension for filing the transcript only by motion showing good cause that is filed in the court of appeals and served on all parties to the appeal.

(d) Sanctions. If a reporter fails to timely file a transcript, the court may declare the reporter ineligible to act as an official court reporter in any court proceeding and may prohibit the reporter from performing any private reporting work until the overdue transcript is filed.

COMMENT to Section 809.11: The revision places all of the rules concerning transcript preparation and service in one statute, and eliminates the need for former s. 809.16. Subsection (4) combines and recreates former s. 809.11(4) and the first sentence of former s. 809.16(1). Subsection (5) recreates the remaining portions of former s. 809.16(1). The time limits in subs. (4) and (5) are changed from 10 to 14 days. See the comment to s. 808.07(6) concerning time limits. No other substantive changes in subs. (4) and (5) were intended. Subsection (6) recreates former s. 809.16(2). Subsection (7)(a) recreates former s. 809.16(3). Subsection (7)(b) is created to specify a time within which the court reporter must furnish a statement regarding transcript arrangements to the appellant or cross-appellant. Subsection (7)(c) recreates former s. 809.16(4). Subsection (7)(d) recreates former s. 809.16(5).

SECTION 809.13 of the statutes is amended to read:

809.13 Rule (Intervention). A person who is not a party to an appeal may file in the court a petition to intervene in the appeal. A party may file a response to the petition within seven (7) 11 days after service of the petition. The court may grant the petition upon a showing that the petitioner's interest meets the requirements of s. 803.09(1) or (2).

COMMENT to Section 809.13: The 7-day time limit has been changed to 11 days. Please see the comment to s. 808.07(6) concerning time limits.

SECTIONS 809.14(1) and (2) of the statutes are amended to read:

809.14 (1) A party seeking an order or other relief in a case shall file a motion for the order or other relief. The motion must state the order or relief sought and the grounds on which the motion is based and may include a statement of the position of other parties as to the granting of the motion. A motion may be supported by a memorandum. Any other party may file a response to the motion within 7 11 days after service of the motion.

(2) A motion for a procedural order may be acted upon without a response to the motion. A party adversely affected by a procedural order entered without having had the opportunity to respond to the motion may move for reconsideration of the order within 7 11 days after service of the order.

SECTION 809.14(3) is repealed and recreated to read:

809.14 (3)(a) The filing of a motion seeking an order or other relief which may affect the disposition of an appeal or the content of a brief, or a motion seeking consolidation of appeals, automatically extends the time for performing an act required by these rules for a period coextensive with the time between the filing of the motion and its disposition.

(b) The filing of a motion to supplement or correct the record automatically extends the time for performing an act required by these rules for a period coextensive with the time between the filing of the motion and its disposition. If a motion to correct or supplement the record is granted, time limits for performing an act required by these rules shall be tolled from the date on which the motion was filed until the date on which the supplemental or corrected record return is filed, except that the time for preparation of supplemental or corrected transcripts is governed by s. 809.11(6)(a).

(c) The clerk of the circuit court shall be served with a copy of any motion filed under this subsection.

COMMENT to Section 809.14: The 7-day time limits in subs. (1) and (2) have been changed to 11 days. Please see the comment to s. 808.07(6) concerning time limits. Subsection (3)(a) was revised to include consolidation motions within the tolling provision. Subsection (3)(b) creates a tolling provision when a motion to supplement or correct the record is filed. Subsection (3)(c) creates a service requirement for motions affecting the time limits for transmittal of the record.

SECTION 809.15(2) of the statutes is amended to read:

(2) Compilation and approval of the record. The clerk of the trial circuit court shall assemble the record in the order set forth in sub. (1)(a), identify by number or letter each paper, and prepare a list of the numbered or lettered papers. At least 10 days prior to the due date for filing the record in the court, the clerk shall notify in writing each party appearing in the trial circuit court that the record has been assembled and is available for inspection. The clerk shall include with the notice the list of the papers constituting the record.

SECTION 809.15(3) of the statutes is amended to read:

809.15(3) Defective record. A party who believes that the record, including the transcript of the reporter's notes, is defective or that it does not accurately reflect what occurred in the trial circuit court may move the court in which the record is located to supplement or correct the record. Motions under this subsection may be heard under s. 807.13.

SECTION 809.15(4) of the statutes is repealed and recreated to read:

809.15(4)(a) Transmittal of the record. The clerk of the circuit court shall transmit the record to the court within 20 days after the date of the filing of the transcript designated in the statement on transcript or within 20 days after the date of the filing of a statement on transcript indicating that no transcript is necessary for prosecution of the appeal, unless the court extends the time for the transmittal of the record or the tolling provisions of s. 809.14(3) extend the time for transmittal of the record.

(b) Late transcript. If the reporter fails to file the transcript within the time limit specified in the statement on transcript, the clerk of the circuit court shall transmit the record not more than 90 days after the filing of the notice of appeal, unless the court extends the time for the filing of the transcript of the reporter's notes. If the court extends the time for the filing of the transcript of the reporter's notes, the clerk of the circuit court shall transmit the record within 20 days after the date of the filing of the transcript.

(c) Supplementation or correction of record. Notwithstanding (a) and (b), if a motion to supplement or correct the record is filed in the circuit court, the clerk of the circuit court may not transmit the record until the motion is determined. A copy of any motion to supplement or correct the record that is filed in the circuit court shall be sent to the clerk. The circuit court shall determine by an order the motion to supplement or correct the record within 14 days of its filing or the motion is considered to be denied and the clerk of the circuit court shall immediately enter an order denying the motion and shall transmit the record to the court within 20 days after entry of the order. If the court grants the motion, the clerk of the circuit court shall transmit the supplemented or corrected record to the court within 20 days after the entry of the order or the filing of the supplemental or corrected record, whichever is later.

SECTION 809.15(5) of the statutes is created to read:

809.15(5) Notice of filing of record. The clerk of the court shall notify the clerk of the circuit court and all parties appearing in the circuit court of the date the record was filed.

COMMENT to Section 809.15: Subsection (2) was amended to require that numbers be used to identify the contents of the record. Subsection (4)(a) recreates the general rule for record transmittal from former sub. (4). Exceptions to the general rule are set forth in subs. (4)(b) and (c). Subsection (5) recreates the last sentence of former sub. (4).

SECTION 809.16 of the statutes is repealed.

COMMENT: This entire section has been eliminated and consolidated into the revision to s. 809.11.

SECTION 809.17 of the statutes is amended to read:

809.17 (title) Expedited appeals program, voluntary alternative dispute resolution and presubmission conference.

(1) In order to minimize appellate delay and reduce its backlog, the court of appeals may develop an expedited appeals program. The program may involve mandatory completion of docketing statements by appellant's counsel and participation in presubmission conferences at the direction of the court, but participation in the court's accelerated briefing and decision process is voluntary. The rules and procedures governing the program shall be set forth in the court of appeals' internal operating procedures.

(2) The court of appeals may establish an appellate mediation program and make and enforce all rules necessary for the prompt and orderly dispatch of the business of the program. Participation in the appellate mediation program is voluntary, but the program may involve mandatory participation in the presubmission conferences at the direction of the court. Only those cases in which a docketing statement is required to be filed under s. 809.10(1)(a) are eligible for participation in the appellate mediation program. The parties to the appeal shall pay the fees of a mediator providing services under the program, unless those fees are waived or deferred by the court. The rules and procedures governing the program shall be set forth in the court of appeals' internal operating procedures.

(3) The court of appeals may require all attorneys of record in any appeal to participate in a presubmission conference, either by telephone or in person, with an officer of the court. An attorney of record with no direct briefing interest in the appeal may waive his or her participation in the conference by written notice to the court.

SECTION 809.19(1)(h) and (i) of the statutes are created to read:

(h) The attorney who files a brief shall sign it. If a party who is not represented by an attorney files a brief, that party shall sign it.

(i) Briefs shall refer to parties by name, rather than by party designation, throughout the argument section.

SECTION 809.19(3)(a) of the statutes is amended to read:

809.19(3) Respondent's brief. (a) The respondent shall file a brief within 30 days after the later of the following events: the date of the service of the appellant's brief or the date on which the court accepts the appellant's brief for filing. If the date of service is later than the date of filing and if service is accomplished by mail, 3 additional days shall be added to the 30-day period for filing the respondent's brief, under s. 801.15(5)(a). The brief must conform with sub. (1), except that the statement of issues and the statement of the case may be excluded.

SECTION 809.19(4) of the statutes is repealed and recreated to read:

809.19(4) Reply brief. The appellant shall file a reply brief, or a statement that a reply brief will not be filed, within 15 days after the later of the following events: the date of service of the respondent's brief or the date on which the court accepts the respondent's brief for filing. If the date of service is later than the date of filing and if service is accomplished by mail, 3 additional days shall be added to the 30-day period for filing the reply brief, under s. 801.15(5)(a). The reply brief shall comply with subs. (1)(e) and (f).

SECTION 809.19(6) of the statutes is repealed and recreated to read:

809.19(6) Cross-appeal. Briefing in a cross-appeal shall be as follows:

(a) An appellant-cross-respondent shall file a brief titled "Appellant's Brief" within the time specified by and in compliance with the requirements of subs. (1) and (2).

(b) A respondent-cross-appellant shall file a brief titled "Combined Brief of Respondent and Cross-Appellant," within 30 days after the later of the following events: the date of service of the appellant-cross-respondent's brief or the date on which the court of appeals accepts the appellant-cross-respondent's brief for filing. The front and back covers of the combined brief shall be red. The "respondent" portion of the combined brief shall comply with the requirements of this section for a respondent's brief, including the length limitation for such a brief set forth in sub. (8)(c)1. The "cross-appellant" portion of the combined brief shall comply with the requirements of subs. (1) and (2) for an appellant's main brief, including the length limitation for such a brief set forth in sub. (8)(c)1, except that: the requirements of sub. (l)(c) and (l)(d) may be omitted; the "cross-appellant" portion of the combined brief shall be preceded by a blank blue cover; and a signature shall be required only at the conclusion of the "cross-appellant" portion of the combined brief.

(c) An appellant-cross-respondent shall file a brief titled "Combined Brief of Appellant and Cross-Respondent," within 30 days after the later of the following events: the date of service of the respondent-cross-appellant's brief or the date on which the court accepts the respondent-cross-appellant's brief for filing. The front and back covers of the combined brief shall be gray. The "appellant" portion of the combined brief shall comply with the requirements of sub. (4) for a reply brief, including the length limitation for such a brief set forth in sub. (8)(c)1. The "cross-respondent" portion of the combined brief shall comply with the requirements of sub. (3) for a respondent's brief, including the length limitation for such a brief set forth in sub. (8)(c)1, except that: the requirement of sub. (1)(c) may be omitted; the "cross-respondent" portion of the combined brief shall be preceded by a blank red cover; and a signature shall be required only at the conclusion of the "cross-respondent" portion of the combined brief.

(d) A respondent-cross-appellant shall file either a reply brief titled "Reply Brief of Cross-Appellant" in the form required by sub. (4) for reply briefs or a statement that a reply brief will not be filed within 15 days after the later of the following events: the date of service of the appellant-cross-respondent's brief or the date on which the court accepts the appellant-cross-respondent's brief for filing.

(e) Each part of a combined brief shall comply with the form and length certification requirements of sub. (8)(d).

SECTIONS 809.19(7)(c) and (8)(a) and (b)4. of the statutes are amended to read:

809.19(7)(c) Except as provided in par. (b), the motion shall be filed not later than 10 14 days after the respondent's brief is filed, and the brief shall be filed within the time specified by the court.

(8)(a) Number. 1. Except as provided in s. 809.43, a A person who files shall file either 22 copies of a brief or appendix in the supreme court or such other the number as that the court directs, and shall serve 3 copies on each party.

2. Except as provided in subd. 3. and s. 809.43, a person who files shall file either 10 copies of a brief or appendix in a the court of appeals shall file 10 copies with the court, or such other the number as that the court directs, and shall serve 3 copies on each party.

3. Except as provided in s. 809.43, a person who is found indigent under s. 814.29(1) and files who is not represented by counsel shall file 5 copies of a brief or appendix in the court of appeals shall file the original and 4 copies with the court and shall serve one copy on each party. A prisoner who has been granted leave to proceed without prepayment of fees under s. 814.19(1)(m) and who is not represented by counsel shall file 5 copies of a brief or appendix in the court of appeals and shall serve one copy on each party.

(b)4. Securely bound only on the left side with heavy strength staples or by means of "velobinding" or the "perfect" ("hot glue") binding method, with pagination at the center of the bottom margin. A brief may be bound by another methods if authorized in writing by the clerk of the court.

SECTION 809.19(9) of the statutes is amended to read:

809.19(9) Brief covers. Each brief or appendix shall have a front and back cover. The front cover shall contain the name of the court, the caption and number of the case, the court and judge appealed from, the title of the document and the name and address of counsel filing the document. Except as provided in s. 809.81(8), the caption shall include the full name of each party in the circuit court and shall designate each party so as to identify its status in the circuit court and in the appellate court, if any. The covers of the appellant's brief shall be blue; the respondent's, red; a combined respondent-cross-appellant's, red with a blue divider page; a combined reply-cross-respondent's, gray with a red divider page; a guardian ad litem's, yellow; a person other than a party, green; the reply brief, gray; and the appendix, if separately printed, white. In the event the supreme court grants a petition for review of a decision of the court of appeals, the covers of the briefs of each party shall be the same color as the cover of that party's briefs filed in the court of appeals.

SECTION 809.19(10) of the statutes is created to read:

809.19(10) Citation of Supplemental Authorities. If pertinent authorities decided after briefing come to the attention of a party or a nonparty under sub. (7) or a guardian ad litem under sub. (8m) after the party's or nonparty's or guardian ad litem's brief has been filed, or after oral argument but before decision, the party or nonparty or guardian ad litem may promptly advise the clerk of the court, by letter, and send a copy of that letter to all counsel of record. If the new authority is a decision of the Wisconsin Court of Appeals, the authority is considered decided for purposes of this subsection on the date of an order for publication issued under s. 809.23(2). The letter shall do the following:

(a) set forth the citations for the authority,

(b) identify the page of the brief or the point that was argued orally to which the citations pertain,

(c) for each authority that is cited, state in a single brief sentence the proposition that the authority supports.

SECTION 809.19(11) of the statutes is created to read:

809.19(11) Response to supplemental authorities. A response to the letter under sub.(10) may be filed within 11 days after service of that letter. The response shall state in a single brief sentence the reason why each authority does not support the stated proposition, unless the proposition is not disputed.

COMMENT to Section 809.19: Sub. (1)(h) is new and requires a signature on briefs. Sub. (1)(i) is new and makes identification of the parties consistent and less confusing. Sub. (3) was revised to address a situation in which the appellant's brief is served on the respondent, but has not yet been accepted for filing by the court. If the respondent undertakes to prepare its brief within 30 days after service of the appellant's brief and the appellant's brief has not yet been accepted for filing, the respondent will have wasted time and energy if the appellant's brief ultimately is rejected. The last sentence of sub. (4) was added to require record references and a conclusion in a reply brief. Subsection (6) was rewritten to clarify briefing requirements in cross-appeals. The time limit in sub. (7)(c) was changed from 10 to 14 days. Please see the comment to s. 808.07(6) concerning time limits. The reference to s. 809.43 was deleted in sub. (8)(a)1. because the greater number of copies is needed when a single-judge appeal reaches the supreme court. Subsection (8)(a)3. was amended to apply to pro se parties only. Subsection (8)(b)4. was amended to allow "velobinding" of briefs, a process commonly accepted but not authorized by statute. The third sentence in sub. (9) is new and requires parties to use the complete case caption. Parties shall not abridge the caption by use of "et al" or similar phrases. Subsections (10) and (11) are new and establish a procedure for supplementing briefs or oral argument with pertinent authorities that subsequently come to the attention of a party or an amicus curiae, who is denoted a "nonparty" under sub. (7), or a guardian ad litem under sub. (8m). This proposal is based upon Federal Rule of Appellate Procedure 280(j) and Circuit Rule 28(j) of the Seventh Circuit Court of Appeals.

SECTION 809.24 of the statutes is repealed and recreated to read:

809.24. Rule (Reconsideration). (1) A party may file a motion for reconsideration within 20 days of the date of a decision or order, except as provided in sub. (4). The motion must state with particularity the points of law or fact alleged to be erroneously decided in the decision or order, and must include supporting argument. No separate memorandum in support of the motion is permitted unless subsequently ordered by the court. No response to the motion is permitted unless ordered by the court, and, unless a response is ordered, no amended decision or order will be issued in response to the motion. The motion and any response shall not exceed 5 pages if a monospaced font is used or 1,100 words if a proportional serif font is used.

(2) In response to a motion for reconsideration, the court will issue an amended decision or order, or an order denying the motion.

(3) Nothing in this section prohibits the court from reconsidering a decision or order on its own motion at any time prior to remittitur if no petition for review is filed pursuant to s. 809.62 or, if a petition for review is filed, within 30 days of the filing of the petition for review.

(4) No motion for reconsideration of a court of appeals decision or order issued pursuant to s. 809.105 is permitted.

COMMENT to 809.24: Section 809.24 is amended to conform with the court of appeals' internal operating procedures, and to provide an orderly procedure for reconsideration. Reconsideration is intended for those rare cases in which the court of appeals overlooks or misapprehends relevant and material facts or law, not for cases in which a party simply disagrees with the court of appeals. Presentation of new facts or alternate legal arguments is not appropriate on reconsideration. Reconsideration is not permitted in s. 809.105 proceedings related to parental consent prior to performance of abortion due to the abbreviated appellate time periods provided in s. 809.105. Filing a motion for reconsideration may affect the time periods for filing or responding to a petition for review. See s. 809.62(8). Service requirements of s. 801.14(4) apply.

SECTION 809.25(1)(c) of the statutes is amended to read:

809.25(1)(c) A party seeking to recover costs in the court shall file a statement of the costs within 14 days of the filing of the decision of the court. An opposing party may file within seven 11 days of the service of the statement a motion objecting to the statement of costs.

SECTION 809.25(3)(a) of the statutes is amended to read:

809.25(3) (a) If an appeal or cross-appeal, or any part of such appeal or cross-appeal, is found to be frivolous by the court, the court shall award to the successful party costs, fees and reasonable attorney fees under this section. A motion for costs, fees and attorney fees under this subsection shall be filed no later than the filing of the respondent's brief or, if a cross-appeal is filed, no later than the filing of the cross-respondent's brief. This subsection does not apply to appeals or cross-appeals under ss. 809.30, 809.107, and 974.05.

COMMENT to Section 809.25: The 7-day time limit in sub. (1)(c) was changed to 11 days. Please see the comment to s. 808.07(6) concerning time limits. Subsection (3)(a) has been revised to allow any part of an appeal to be found frivolous. This revision changes current law; see Nichols v. Bennett, 190 Wis. 2d 360, 526 N.W.2d 831 (Ct. App. 1994).

SECTION 809.26 of the statutes is amended to read:

809.26 Rule (Remittitur). (1) The clerk of the court shall transmit to the trial circuit court the judgment and opinion decision or order of the court and the record in the case filed pursuant to s. 809.15 within 31 days after the filing of the decision or order of the court. If a petition for review is filed pursuant to s. 809.62, the transmittal is stayed until the supreme court rules on the petition. If a motion for reconsideration is filed under s. 809.24, the transmittal is stayed until the court files an order denying the motion, or files an amended decision or order, and the subsequent expiration of any period for filing a petition for review.

SECTION 809.30(1)(a) and (b) of the statutes are amended to read:

809.30(1)(a) "Postconviction relief" means, in a felony or misdemeanor case, an appeal or a motion for postconviction relief other than a motion under s. 973.19 or 974.06. In a ch. 48, 51, 55 or, 938 or 980 case, or a s. 971.17 proceeding, other than a termination of parental rights case under s. 48.43, it "postconviction relief" means an appeal or a motion for reconsideration by the trial court of its final judgment or order; in such cases a notice of intent to pursue such relief or a motion for such relief need not be styled as seeking "postconviction" relief.

(b) "Sentencing" means, in a felony or misdemeanor case, the imposition of a sentence, fine or probation. In a ch. 48, 51, 55 or, 938 or 980 case, or a s. 971.17 proceeding, other than a termination of parental rights case under s. 48.43, it "sentencing" means the entry of the trial court's final judgment or order.

SECTIONS 809.30(2)(a)(title), (d) (title), (fm) (title), (j) (title) and (L) (title) of the statutes are created to read:

809.30(2)(a) (title) Appeal procedure; counsel to continue.

(d) (title) Indigency redetermination.

(fm) (title) Transcript order in chapters 48 and 938 proceedings.

(j) (title) Appeal from judgment and order.

(L) (title) Appeals under section 974.06.

SECTIONS 809.30(2)(b), (c), (e), (f), (g), (h), (i) and (k) of the statutes are amended to read:

809.30(2)(b) (title) Notice of intent to pursue postconviction relief. Within 20 days of the date of sentencing, the defendant shall file in the trial circuit court and serve on the district attorney a notice of intent to pursue postconviction relief. The notice shall include the following: 1. The case name and court caption number. 2. An identification of the judgment or order from which the defendant intends to seek postconviction relief and the date it was granted or entered. 3. The name and address of the defendant and the defendant's trial counsel. 4. Whether defendant's trial counsel was appointed by the state public defender and if so, whether the defendant's financial circumstances have materially improved since the date the defendant's indigency was determined. 5. Whether the defendant requests the state public defender to appoint counsel for purposes of postconviction relief. 6. Whether a defendant who does not request the state public defender to appoint counsel will represent himself or herself or will be represented by retained counsel. If the defendant has retained counsel, counsel's name and address shall be included.

(c) (title) Clerk to send materials. Within 5 days after a notice under par. (b) is filed, the clerk of the circuit court shall:

1. If the defendant requests representation by the state public defender for purposes of postconviction relief, send to the state public defender's appellate intake office a copy of the notice that shows the date it was filed or entered, a copy of the judgment or order specified in the notice that shows the date it was filed or entered, a list of the court reporters for each proceeding in the action in which the judgment or order was entered and a list of those proceedings in which a transcript has been filed in the court record at the request of trial counsel with the clerk of the circuit court. 2. If the defendant does not request representation by the state public defender, send or furnish to the defendant, if the defendant is appearing without counsel, or to the defendant's attorney if one has been retained, a copy of the judgment or order specified in the notice that shows the date it was filed or entered, a list of the court reporters for each proceeding in the action in which the judgment or order was entered and a list of those proceedings in which a transcript has been filed in the court record at the request of trial counsel with the clerk of the circuit court.

(e) (title) State public defender appointment of counsel; transcript and court record request. Within 30 days after filing of a notice under par. (b) requesting representation by the state public defender for purposes of postconviction relief the clerk of the circuit court sends the materials to the state public defender appellate intake office under par. (c), the state public defender shall appoint counsel for the defendant and order request a transcript of the reporter's notes, and a copy of the court record, except that if the defendant's indigency must first be determined or redetermined, the state public defender shall do so, appoint counsel and order request transcripts and a copy of the court record within 50 days after the notice under par. (b) is filed the clerk sends the materials to the state public defender appellate intake office under par. (c ).

(f) (title) Defendant not represented by public defender; transcript and court record request. A defendant who does not request representation by the state public defender for purposes of postconviction relief shall order request a transcript of the reporter's notes, and may request a copy of the court record within 30 days after filing a notice under par. (b). A defendant who is denied representation by the state public defender for purposes of postconviction relief shall request a transcript of the reporter's notes and may request a copy of the court record within 90 days after filing a notice under par. (b).

(g) (title) Filing and service of transcript and court record.

1. The clerk of the circuit court shall serve a copy of the court record on the defendant within 60 days after receipt of the request for the court record.

2. The court reporter shall file the transcript with the trial circuit court and serve a copy of the transcript on the defendant within 60 days of the ordering of request for the transcript. Within 20 days of the ordering of request for a transcript of postconviction proceedings brought under sub. (2)(h), the court reporter shall file the original with the trial circuit court and serve a copy of that transcript on the defendant. The reporter may seek an extension under s. 809.16(4)11(7) for filing and serving the transcript.

(h) (title) Notice of appeal or postconviction motion. The defendant shall file in the circuit court and serve on the district attorney a notice of appeal or motion seeking postconviction relief within 60 days of the later of the service of the transcript or court record. A rule 809.30 postconviction motion shall not be accompanied by a notice of motion, and is made when filed.

(i) (title) Order determining postconviction motion. Unless an extension is requested by the defendant or circuit court and granted by the court, the trial circuit court shall determine by an order the defendant's motion for postconviction relief within 60 days of its filing or the motion is considered to be denied and the clerk of the trial circuit court shall immediately enter an order denying the motion.

(k) (title) Transmittal of record. The Except as otherwise provided in s. 809.14(3) and 809.15(4)(b) and (c), the clerk of the trial circuit court shall transmit the record to the court as soon as prepared but in no event more than 40 days after the filing of the notice of appeal by the defendant. Subsequent proceedings in the appeal are governed by the procedures for civil appeals.

SECTION 809.30(3) of the statutes is amended to read:

(3) (title) Appeals by state or other party; Appointment of counsel. In a felony case in which the state of Wisconsin, the representative of the public or any other party appeals and the defendant or subject individual is a child or claims or appears to be indigent, the court shall refer the person to the state public defender for the determination of indigency and the appointment of legal counsel under ch. 977.

SECTION 809.30(4) of the statutes is created to read:

(4) Motion to withdraw as appointed counsel for defendant.

(a) If counsel has been appointed for the defendant under ch. 977 and seeks to withdraw as appointed counsel, counsel shall serve a motion to withdraw upon the defendant and upon the Appellate Division Intake Unit in the Madison appellate office of the state public defender. If the motion is filed before the notice of appeal is filed, the motion shall be filed in the trial court. If the motion is filed after a notice of appeal has been filed, the motion shall be filed in the court of appeals.

(b) Within 20 days after receipt of the motion under par. (a), the state public defender shall determine whether successor counsel will be appointed for the defendant and shall notify the court in which the motion was filed of its determination.

(c) Before determining the motion to withdraw, the court shall consider the state public defender's response under par. (b) and whether the defendant waives the right to counsel.

(d) When the motion to withdraw is filed in the trial court, appointed counsel shall prepare and serve a copy of the order determining counsel's motion to withdraw upon the defendant and the Appellate Division Intake Unit in the Madison appellate office of the state public defender within 10 days after the court's determination.

COMMENT to Section 809.30: Subtitles have been added to help counsel locate rules. Sub. (1) was revised to include ch. 980 and s. 971.17 proceedings. Subsection (2)(e) was revised to amend the time for appointing appellate counsel and to clarify that a defendant represented by appointed counsel must request a copy of the court record from the circuit court. Subsection (2)(f) was amended to clarify that a defendant not represented by the state public defender may request a copy of the court record from the trial court. The second sentence of sub. (2)(f) is new and sets a time limit for a defendant who has unsuccessfully sought public defender representation under sub. (2)(e) to request the transcripts and court record. Subsection (2)(g) was amended to require the circuit court clerk to send the court record to the defendant within 60 days after receipt of the request. Subsection (2)(h) was revised to require the defendant to file the notice of appeal either within 60 days after service of the last transcript or court record, whichever occurs later. The second sentence of sub. (2)(h) is new and specifies that a notice of motion shall not be filed with a s. 809.30 postconviction motion. If the trial court grants a hearing on the motion, the trial court will notify the parties of the date.

The first clause of sub. (2)(i) is new and specifies that an extension may be granted by the court of appeals.

Subsection (3) was revised to clarify that it applies in all appeals utilizing s. 809.30, including cases under chs. 48, 51, 55, 938, 980, and proceedings under s. 971.17.
Subsection (4) is new and establishes a procedure for making and determining motions to withdraw by appointed counsel. This rule does not change existing law concerning when a withdrawal motion is necessary. See e.g. State ex rel. Flores v. State, 183 Wis. 2d 587, 622-24, 516 N.W.2d 362 (1994).

Often motions to withdraw are the result of a disagreement between appointed counsel and the defendant, sometimes inaccurately called a "conflict," about the existence of a meritorious issue for appeal, or about the manner in which any such issue should be raised. It is counsel's duty to decide what issues in a case have merit for an appeal. Jones v. Barnes, 463 U.S. 745 (1983). Post-conviction counsel is entitled to exercise reasonable professional judgment in winnowing out even arguable issues in favor of others perceived to be stronger. Id. Counsel's failure to raise an issue on direct appeal may prevent the defendant from raising it in a subsequent s. 974.06 collateral review proceeding, absent "sufficient reason." State v. Escalona-Naranjo, 185 Wis. 2d 168, 517 N.W.2d 157 (1994).

The rules of appellate procedure require that a defendant choose whether to proceed with the assistance of appointed counsel or proceed pro se. State v. Redmond, 203 Wis. d 13, 552 N.W.2d 115 (Ct. App. 1996). A defendant has neither the right to appointed counsel of choice nor the right to insist that a particular issue be raised. Oimen v. McCaughtry, 130 F.2d 809 (7th Cir. 1997). "The defendant may terminate appellate counsel's representation and proceed pro se or the defendant may allow post-conviction relief to continue based on counsel's brief and then seek relief on the grounds of ineffective assistance of appellate counsel." State v. Debra A.E., 188 Wis. 2d 111, 137-39, 523 N.W.2d 727 (1994). On ineffective assistance of appellate counsel claims, the court will determine whether counsel's choice of issues met the objective standard of reasonableness. Gray v. Greer, 778 F.2d 350 (7th Cir. 1985).

The SPD will not appoint successor counsel where a defendant disagrees with the legal conclusions of appointed counsel or when a defendant wants a second opinion as to the merits of an appeal. To do so would unduly delay the disposition of the appeal, and would be contrary to the interests of justice. Wis. Admin. Code § PD 2.04.

If a defendant elects to waive counsel and proceed pro se, the court must find that the defendant has been provided with clear warnings with respect to forfeiture of the right to counsel and the dangers of self-representation. State v. Cummings, 199 Wis. 2d 721, 546 N.W.2d 406 (1996).

SECTION 809.31(5) of the statutes is repealed and recreated to read:

(5) The defendant or the state may seek review of the order of the trial court by filing a motion with the court of appeals pursuant to s. 809.14. The party seeking review must attach to its motion a copy of the judgment of conviction or other final judgment or order, the trial court's order regarding release pending appeal, the trial court's statement of reasons for the decision regarding release pending appeal, and the transcript of any release proceedings in the trial court or a statement explaining why no transcript is available. The motion shall be filed within 14 days of the entry of the trial court order. The opposing party may file a response within 14 days of the filing of the motion.

COMMENT to Section 809.31: Current rules require a party seeking review of a release decision to file a petition for discretionary review, and pay a separate filing fee, generating a separate appeal. The new motion procedure provides a more efficient mechanism for appellants seeking release pending appeal. No change in the substantive standards governing release decisions is intended. See State v. Whitty, 86 Wis. 2d 380, 272 N.W.2d 843 (1978); State v. Salmon, 163 Wis. 2d 369, 471 N.W.2d 286 (Ct. App. 1991).

SECTION 809.32(1) and (2) of the statutes are amended to read:

809.32 Rule (No merit reports). (1)(a) (title) No merit report, response and supplemental no merit report. If an attorney appointed under is of the opinion s. 809.30(2)(e) or ch. 977 concludes that further appellate proceedings a direct appeal on behalf of the defendant would be frivolous and without any arguable merit within the meaning of Anders v. California, 386 U.S. 738 (1967), and the defendant requests that a no merit report be filed or declines to consent to have the attorney close the file without further representation by the attorney, the attorney shall file with the court of appeals 3 copies of a brief no merit report in which is stated. The no merit report shall identify anything in the record that might arguably support the appeal and a discussion of discuss the reasons why the each identified issue lacks merit. Prior to the filing of a no merit report, the attorney shall discuss with the defendant all potential issues identified by the attorney and the defendant, and the merit of an appeal on these issues. The attorney shall inform the defendant that the defendant has three options: (1) to have the attorney file a no merit report, (2) to have the attorney close the file without an appeal, and (3) to proceed pro se or with counsel retained at the defendant's expense. The attorney shall inform the defendant that a no merit report will be filed if the defendant either requests a no merit report or does not consent to have the attorney close the file without further representation by the attorney. The attorney shall also inform the defendant that the attorney may file a supplemental no merit report and affidavit containing facts outside the record, possibly including confidential information, to rebut allegations made in the defendant's response to the no merit report. The attorney shall serve a copy of the brief no merit report on the defendant and shall file a statement in the court of appeals that service has been made upon the defendant. After a no merit report has been filed and upon request of the defendant, the attorney shall transmit to the defendant a copy of the transcript and court record. The defendant may file a response to the brief no merit report within 30 days after service. If the defendant files a response, the clerk shall, within 5 days after the filing of the response, send a copy of the response to the attorney who filed the no merit report. If the attorney is aware of facts outside the record that rebut allegations made in the defendant's response, the attorney may file, within 30 days after service of the defendant's response, a supplemental no merit report and an affidavit(s) including facts outside the record. The supplemental report and affidavit(s) shall be served on the defendant, and the attorney shall file a statement in the court that service has been made upon the defendant.

(b) Certification by attorney. The attorney shall append to the no merit report a signed certification that the attorney has complied with the client counseling and notification requirements of par. (a). The certification shall be in the following form:

I hereby certify that I have discussed with the defendant all potential issues identified by me and by the defendant and the merit of an appeal on these issues, and have informed the defendant that the defendant must choose one of the following three options: (1) to have me file a no merit report, (2) to have me close the file without an appeal, or (3) to proceed pro se or with counsel retained at the defendant's expense. I have informed the defendant that a no merit report will be filed if the defendant either requests a no merit report or does not consent to have me close the file without further representation. I have also informed the defendant that I may file a supplemental no merit report and affidavit(s) containing facts outside the record, possibly including confidential information, to rebut allegations made in the defendant's response to the no merit report.

Signed: ...

Signature

(2) (title) Notice of appeal, statement on transcript, service of copies. The attorney also shall file in the trial circuit court a notice of appeal of the judgment of conviction and of any order denying a postconviction motion. The notice of appeal shall be identified as a no merit notice of appeal and shall state the date on which the no merit report is due and whether the due date is calculated under par. (a) or (b). The clerk of the trial circuit court shall transmit the record in the case to the court pursuant to s. 809.15. The attorney also shall file a statement on transcript complying with the requirements of s. 809.11(4), except that copies of the transcript need not be provided to other parties. All papers filed with the court under this subsection, except the transcript, shall be served on the state in accordance with s. 809.80(2)(b). The no merit brief report, and notice of appeal and statement on transcript must be filed within whichever of the following is later:

(a) 180 One hundred and eighty days of after the service upon the defendant of the transcript and court record requested under s. 809.30(2)(g)(e).

(b) Sixty days after the entry of the order determining a postconviction motion.

SECTION 809.32(3) (title) of the statutes is created to read:

809.32(3) (title) Decision on no merit report.

SECTION 809.32(4) of the statutes is amended to read:

809.32(4) (title) No merit petition for review. If a fully briefed appeal is taken to the court of appeals and the attorney is of the opinion that a petition for review in the supreme court under s. 809.62 would be frivolous and without any arguable merit, the attorney shall advise the defendant of the reasons for this opinion and that the defendant has the right to file a petition for review. If requested by the defendant, the attorney shall file a petition satisfying the requirements of s. 809.62(2)(d) and (f) and the defendant shall file a supplemental petition satisfying the requirements of s. 809.62(2)(a), (b), (c) and (e). Except as provided in s. 809.62(8), the petition and supplemental petition shall both be filed within 30 days of the date of the decision or order of the court of appeals. Except as provided in s. 809.62(8), an opposing party may file a response to the petition and supplemental petition within 10 14 days of after the service of the supplemental petition.

COMMENT to Section 809.32: Titles and subtitles were added. Subsection (1) was broken down into paragraphs (a) and (b). Subsection (1)(a) was revised to specify that the no merit procedure applies only to direct appeals. It also requires that the attorney certify in the no merit report that the attorney has discussed the merits of the appeal with the defendant, informed the defendant of the no merit options and procedures, and that the defendant did not consent to closing the file without further representation by the attorney or that the defendant requested the submission of a no merit report.

Subsection (1)(a) was also amended to allow the attorney to reply to the defendant's response to a no merit report. The rule allows the attorney to file a supplemental no merit report and affidavit(s) disclosing information that is outside the record and relevant to counsel's no merit determination without violating confidentiality rules. The supplemental report and affidavit procedure is in accordance with SCR 20:1.6(c)(1), which allows disclosures of otherwise confidential communications "to rectify the consequences of a client's criminal or fraudulent act in the furtherance of which the lawyer's services had been used;" SCR 20:1.6(c)(2), which allows disclosures "to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client...or to respond to allegations in any proceeding concerning the lawyer's representation of the client;" and SCR 20:3.3, which requires andor toward the tribunal. Service of the response by the clerk on the attorney is necessary to ensure that the attorney receives the defendant's response. Subsection (1)(b) requires the attorney to certify in the no merit report that the attorney discussed with the defendant all potential issues for appeal and the defendant's options.

The second sentence in sub. (2) is new and requires the attorney to notify the clerk, in the no merit notice of appeal, of the time limit for filing the no merit report and the calculation used to determine that time limit. The fourth sentence in sub. (2) is new and requires the attorney to file a statement on transcript with the clerk but exempts counsel from serving a transcript on other parties. The fifth sentence in sub. (2) requires counsel to serve copies of all other papers on the state.

Subsection (2)(a) is new and establishes the time limits if a no merit report is not preceded by a postconviction motion. The cross-reference was changed from s. 809.30(2)(g) to (e) because only the original transcript and court record request triggers the 180-day time limit.

Subsection (2)(b) is new and establishes the time limits if a no merit report follows a postconviction motion.

The 10-day time limit in sub. (4) was changed to 14 days. Please see the comment to s. 808.07. The time period for filing the petition and supplemental petition may be affected by filing of a motion for reconsideration in the court of appeals. See s. 809.62(8).

SECTIONS 809.40(1) and (3) of the statutes are amended to read:

809.40(1) An appeal to the court of appeals from a judgment or order in a misdemeanor case, or a ch. 48, 51, 55 or, 938 or 980 case, or a motion for postconviction relief in a misdemeanor case or any s. 971.17 proceeding must be initiated within the time periods specified in s. 808.04 and is governed by the procedures specified in ss. 809.30 to 809.32.

(3) Any civil appeal to the court of appeals under sub. (1) or (2) is subject to the docketing statement requirement of s. 809.10(1)(a)(d) and may be eligible for the expedited appeals program in the discretion of the court.

SECTION 809.40(4) of the statutes is created to read:

809.40(4) In chapter 48 and 938 cases, an order denying a motion to suppress evidence or a motion challenging the admissibility of a statement of the subject of the petition may be reviewed upon appeal from a judgment even if the judgment was entered upon an admission or a plea of no contest to the petition.

COMMENT to Section 809.40: Sub. (1) is amended to apply to ch. 980 and s. 971.17 cases. The reference to misdemeanor cases was deleted because it was redundant. No substantive change was intended. Sub. (4) is new and allows suppression issues in chs. 48 and 938 cases to be appealed under the same circumstances available to defendants in criminal cases. See § 971.31(10).

SECTION 809.41(1), (2) (title), (3) (title) and (4) of the statutes are amended to read:

809.41(1) (title) Motion for 3-judge panel. If an appellant or a petitioner requesting the court to exercise its supervisory jurisdiction or its original jurisdiction to issue prerogative writs or its appellate jurisdiction to grant petitions for leave to appeal desires the matter to be decided by a 3-judge panel, the appellant or petitioner shall file with the copy of the notice of appeal required by s. 809.10(1)(a) or with the petition requesting the court to exercise its supervisory, original or appellate jurisdiction a motion for a 3-judge panel. Any other party must file a motion under this rule for a 3-judge panel within 10 14 days of service of the notice of appeal or with the response to the petition. The failure to file a motion under this rule waives the right to request the matter to be decided by a 3-judge panel. A motion for a 3-judge panel in a case in which the state is a party shall also be served upon the attorney general. The attorney general may file a response to the motion within 7 11 days of after service.

(2) (title) Decision on motion for 3-judge panel.

(3) (title) 3-judge panel on court's own motion.

(4) (title) Motion for hearing in county of origin. If an appellant desires that the appeal be heard in the county where the case or action originated under s. 752.31(3), the appellant shall file with the copy of the notice of appeal required by s. 809.10(1)(a) a motion requesting a hearing in the county of origin. Any other party must file a motion requesting a hearing in the county of origin within 10 14 days of after service of the notice of appeal. The failure to file a motion under this rule waives the right to request the appeal be heard in the county where the case or action originated.

COMMENT to Section 809.41: Titles were added. The time limits in sub. (1) and sub. (4) have been changed from 7 to 11 and 10 to 14 days. See the comment to s. 808.07.

SECTION 809.43(1) and (2) of the statutes are amended to read:

809.43(1) A person shall who files a brief or appendix 8 10 copies with the court of a brief and appendix in the court of appeals or such other the number as that the court directs, and shall serve 3 copies on each party. If the opposing party is not represented by counsel, only one copy need be served on that party.

(2) A person who is found indigent under s. 814.29 and files a brief or appendix and who is not represented by counsel shall file the original and 2 copies with the court 3 copies of a brief and appendix in the court of appeals and shall serve one copy on each party. A prisoner who has been granted leave to proceed without prepayment of fees under s. 814.29(1)(m) and who is not represented by counsel shall file 3 copies of a brief or appendix in the court of appeals and shall serve one copy on each party.

COMMENT to Section 809.43: Subsection (1) was revised to simplify statutory language. The last sentence in sub. (1) is new and reduces the number of copies required for a pro se party. Subsection (2) was revised to simplify the language and to specify that this section applies only to pro se parties.

SECTION 809.50(1)(intro.), (2) and (3) of the statutes are amended to read:

809.50(1) (intro.) A person shall seek leave of the court to appeal a judgment or order not appealable as of right under s. 808.03(1) by filing within 10 14 days of after the entry of the judgment or order a petition and supporting memorandum, if any. The petition and memorandum combined may not exceed 35 pages if a monospaced font is used or 8,000 words if a proportional serif font is used. The petition shall contain:

(2) An opposing party in the trial court shall file a response with supporting memorandum, if any, within 10 14 days of after the service of the petition. The response and memorandum combined may not exceed 35 pages if a monospaced font is used or 8,000 words if a proportional serif font is used. Costs and fees may be awarded against any party in a petition for leave to appeal proceeding.

(3) If the court grants leave to appeal, the procedures for appeals from final judgments are applicable to further proceedings in the appeal, except that the .The entry of the order granting leave to appeal has the effect of the filing of a notice of appeal. The court may specify the issue or issues that it will review in the appeal.

COMMENT to Section 809.50: The time limits in subs. (1) and (2) were changed from 10 to 14 days. Please see the comment to s. 808.07. Subsection (3) specifies that the court may grant discretionary review on specified issues. This rule codifies Fedders v. American Family Mut. Ins. Co., 230 Wis. 2d 577, 601 N.W.2d 861 (Ct. App. 1999), which held a grant of leave to appeal from a non-final order or judgment does not authorize cross-appeals as of right from the same or from another non-final order or judgment; cross-appeals require a separate petition for leave to appeal.

SECTION 809.51(2) of the statutes is amended to read:

809.51(2) The court may deny the petition ex parte or may order the respondents to file a response with a supporting memorandum, if any, and may order oral argument on the merits of the petition. The response and memorandum combined may not exceed 35 pages if a monospaced font is used or 8,000 words if a proportional serif font is used. The respondents shall respond with supporting memoranda within 10 14 days of after service of the order. A respondent may file a letter stating that he or she does not intend to file a response, but the petition is not thereby admtted.

COMMENT to Section 809.51: The time limit in sub. (2) was changed from 10 to 14 days. See the comment to s. 808.07.

SECTION 809.60(1) and (2) of the statutes are amended to read:

809.60(1) A party may file with the supreme court a petition to bypass the court of appeals pursuant to s. 808.05 no later than 10 14 days following the filing of the respondent's brief under s. 809.19 or response. The petition must include a statement of reasons for bypassing the court of appeals.

(2) An opposing party may file a response to the petition within 10 14 days of after the service of the petition.

COMMENT to Section 809.60: The time limits in subs. (1) and (2) have been changed from 10 to 14 days. Please see the comment to s. 808.07.

SECTION 809.62(3) and (4) of the statutes are amended to read:

809.62(3) Except as provided in s. 809.32(4) sub. (8), an opposing party may file a response to the petition within 10 14 days of after the service of the petition.

(4) The petition for review and response, if any, shall conform to s. 809.19(8)(b) and (d) as to form and certification and, shall be as short as possible but and may not exceed 35 pages in length if a monospaced font is used or 8,000 words if a proportional serif font is used, exclusive of appendix. The petition for review and the response shall have a white cover and a party shall file 10 copies with the clerk.

SECTION 809.62(8) of the statutes is created to read:

809.62(8) Filing of a motion for reconsideration pursuant to s. 809.24 in the court of appeals tolls the time for filing and responding to a petition for review pursuant to this section or a petition or supplemental petition pursuant to s. 809.32(4), and stays proceedings on any pending petition for review.

(a) If the motion for reconsideration is filed before any petition for review, the 30-day time period to file the petition and supplemental petition, if any, starts from the date of filing of the order denying the motion, or the court of appeals' amended decision or order.

(b) If a motion for reconsideration is filed, no party may thereafter file a petition for review or supplemental petition until the court of appeals files an order denying the motion for reconsideration or an amended order or decision.

(c) If a motion for reconsideration is denied and a petition for review had been filed before the motion for reconsideration was filed, and if the time for filing a response to the petition had not expired when the motion for reconsideration was filed, a response to the petition may be filed within 14 days of the order denying the motion for reconsideration.

(d) If a motion for reconsideration is denied and a petition for review had been filed before the motion for reconsideration was filed, and if the time for filing a supplemental petition pursuant to s. 809.32(4) had not expired when the motion for reconsideration was filed, the supplemental petition may be filed within 14 days of the order denying the motion for reconsideration or the time remaining to file the supplemental petition at the time the motion for reconsideration was filed, whichever is greater.

(e) If the court of appeals files an amended decision or order in response to the motion for reconsideration, any party who filed a petition for review pursuant to sub. (1) or s. 809.32(4), or a supplemental petition pursuant to s. 809.32(4) prior to filing of the motion for reconsideration must file with the clerk of the supreme court a notice affirming the pending petition or supplemental petition, a notice withdrawing the pending petition or supplemental petition, or an amendment to the petition for review or supplemental petition within 14 days of the date of filing of the court of appeals' amended decision or order. Any other party may file a response within 14 days of filing of the petitioner's notice or amendment.

COMMENT to Section 809.62: The time limit in sub. (3) has been changed from 10 to 14 days. Please see the comment to s. 808.07. The last sentence of sub. (4) is new and specifies the color of the cover that should accompany a petition for review and the number of copies required.

Subsection (8) tolls the time for filing or responding to a petition for review in the supreme court while a motion for reconsideration of the same decision or order is pending in the court of appeals, and stays supreme court consideration of the petition for review while the motion for reconsideration is pending. The time frames established for filing a petition, supplemental petition, amendment to a pending petition and response to a petition following resolution of a motion for reconsideration are intended to avoid unnecessary duplication of effort for the parties and the appellate courts, and minimize unnecessary expense. Service requirements of s. 801.14(4) apply.

SECTION 809.64 of the statutes is amended to read:

809.64 Rule (Reconsideration) A party may seek reconsideration of the judgment or opinion of the supreme court by filing a motion under s. 809.14 for reconsideration within 20 days of the filing date of the decision of the supreme court.

COMMENT to Section 809.64: This section has been changed to specify that the time limit for filing motions for reconsideration of supreme court opinions is calculated from the date, not the filing, of the decision.

SECTION 809.70(2) of the statutes is amended to read:

809.70(2) The court may deny the petition or may order the respondent to respond and may order oral argument on the question of taking original jurisdiction. The respondent shall file a response, which may be supported by a memorandum, within 10 14 days of after the service of the order.

COMMENT to Section 809.70: The time limit in sub. (2) was changed from 10 to 14 days. Please see the comment to s. 808.07.

SECTION 809.80(1) of the statutes is amended to read:

809.80(1) A person shall file any paper required to be filed by these rules with the clerk of the court, State Capitol, Madison, Wisconsin 53702, unless a different place of filing is expressly required or permitted by statute or rule. The clerk of the court is located at 110 E. Main Street, Madison, WI 53703. The mailing address for the clerk is P.O. Box 1688, Madison, WI 53701-1688.

SECTION 809.80(3), (4) and (5) of the statutes are created to read:

809.80(3) Filing of papers; use of mail.

(a) Filing may be accomplished by any method. Except as provided in par. (b) and (c), filing is not timely unless the clerk receives the papers within the time fixed for filing.

(b) A brief or appendix is timely filed, however, if on or before the last day for filing, it is:

(i) deposited in the United States mail for delivery to the clerk by first-class mail, or other class of mail that is at least as expeditious, postage pre-paid; or

(ii) dispatched to a third-party commercial carrier for delivery to the clerk within 3 calendar days.

(c) A brief or appendix from a person confined in an institution is timely filed if the brief or appendix is deposited in the institution's internal mailing system on or before the last day for filing. A confined person who mails a brief or appendix under this subsection shall also file a certification or affidavit stating that first-class postage has been pre-paid and setting forth the date on which the document was deposited in the mailing system.

(4) Filing a petition for review. A petition for review under s. 809.62 is timely filed only if the clerk actually receives the petition within the time fixed for filing.

(5) Proof of filing date. (a) When a brief or appendix is filed by mail or commercial carrier in accordance with s. 809.80(3)(b), the attorney or person filing the document shall append an affidavit setting forth the date and manner by which the document was mailed or dispatched.

(b) The date shown on a private postage meter does not establish that the document was mailed on that date.

COMMENT to Section 809.80: Subsection (1) was amended to provide the correct address of the clerk of the supreme court and court of appeals.

Subsections (3) through (5) are new, and are taken largely from Federal Rules of Appellate Procedure, Rule 25. Under the former rules, a brief was not filed until it was physically received by the clerk, regardless of when the brief may have been mailed. Because a party outside the Madison area had to allow time for the postal or courier delivery, briefing periods were often adversely affected merely to ensure that a brief was actually received by the clerk before the expiration of the filing deadline.

Subsection (3)(a) retains the general rule that a document is not filed until it is received by the clerk. However, subsection (3)(b) creates an exception for briefs and appendices that are filed with the clerk. For those documents, a filing will be considered timely if, on or before the deadline, the brief or appendix is either: (a) deposited in the United States mail for delivery by first-class mail, or other class of mail at least as expeditious, postage pre-paid, or (b) dispatched to a commercial delivery service for delivery within 3 calendar days. When a brief or appendix is mailed or sent by commercial courier, subsection (5) requires that the party also file an affidavit of mailing stating the date of mailing or dispatch. Subsection (3)(c) addresses briefs and appendices filed by confined persons. For confined persons, a brief or appendix will be timely filed if, on or before the deadline, the brief or appendix is deposited in the institution's internal mailing system, postage pre-paid. In addition, confined persons are required to include a certification or affidavit stating the date on which the brief or appendix was deposited in the institution's mailing system.

Rule 809.80(4) reiterates the long-standing rule that a petition for review filed with the clerk of the supreme court must be actually received by the clerk on or before the last day of the filing period. The timely filing of a petition for review is necessary to invoke the supreme court's appellate jurisdiction. See First Wis. Nat'l Bank of Madison v. Nicholaou, 87 Wis. 2d 360, 274 N.W.2d 704 (1979). The exception in sub. (3) does not apply to the filing of a petition for review under s. 809.62. The requirement of service on other parties, found in s. 801.14(4), is not affected by these amendments to s. 809.80.

SECTION 809.81(2) of the statutes is amended to read:

809.81 (2) Number of copies. An original and 4 Five copies in the court of appeals, an original and 8 9 copies in the supreme court. A party shall file an original and 2 and 3 copies of a motion filed under s. 809.14 in the court of appeals when if the appeal or other proceeding is one of the types of cases specified in s. 752.31(2).

SECTION 809.81(8) of the statutes is created to read:

809.81(8) Confidentiality. Every notice of appeal or other document that is filed in the court and that is required by law to be confidential shall refer to individuals only by their first name and the first initial of their last name.

COMMENT to Section 809.81: Subsection (2) was amended to eliminate the distinction between "original" and "copy," because current technology produces copies of quality as good as the original. Subsection (8) is new and requires that only the first name and last initial be used in all documents in confidential cases.

SECTION 809.82(2)(d) is created to read:

(d) Service of copy. A copy of any motion to enlarge time limits under s. 809.82(2) shall be served on the clerk of the circuit court.

COMMENT to Section 809.82: Subsection (2)(d) was created to provide notice to the clerk of any motion affecting time limits.

SECTION 809.83(2) of the statutes is amended to read:

809.83(2) Noncompliance with rules. Failure of a person to comply with a court order or with a requirement of these rules, other than the timely filing of a notice of appeal or cross-appeal, does not affect the jurisdiction of the court over the appeal but is grounds for dismissal of the appeal, summary reversal, striking of a paper, imposition of a penalty or costs on a party or counsel, or other action as the court considers appropriate.

COMMENT to section 809.83: Subsection (2) is changed to allow appellate courts to sanction parties who violate court orders.

Respectfully Submitted:
Judicial Council
By James C. Alexander

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Procedure to Suspend Law License for
Noncompliance of Child and Family Support Orders,
Subpoenas, Warrants

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In the Matter of the Adoption of a Procedure to Refuse to Grant or to Suspend the License to Practice Law of a Person Certified under Wis. Stat. § 49.857 to be Delinquent in Payment of Support or in Noncompliance with a Support or Paternity Subpoena or Warrant

Order 00-05

In 1997, responding to federal legislation that addressed enforcement of child and family support and other payments related to the support of a child or former spouse, the Wisconsin Legislature enacted Wis. Stat. § 49.857 to provide for the denial, nonrenewal, restriction and suspension of licenses of persons certified to be delinquent in making court-ordered payments of support or failing to comply with a subpoena or warrant relating to paternity or support proceedings. That statute provides, in part, that the Wisconsin Department of Workforce Development (DWD) enter into a memorandum of understanding with the Supreme Court, with the court's agreement, that includes, among other things, a procedure by which the court would suspend an attorney's license to practice law or refuse to grant bar admission to an applicant if the attorney or applicant is certified to be delinquent in making court-ordered support payments or failing to comply with a subpoena or warrant.

The court is considering the advisability of establishing such a procedure by court rule, as well as the underlying issue of whether the relationship between an attorney's delinquency or noncompliance in support matters and the attorney's fitness to practice law is such as to warrant the court's involvement in the matter. If the court determines it advisable to establish a procedure, following is one procedure it is considering, but is not proposing, and on which it is soliciting public comment.

SECTION 1. 10.03(2) of the supreme court rules be amended to read:

(2) Enrollment. Every person who becomes licensed to practice law in this state shall enroll in the state bar by registering his or her name and social security number with the association within 10 days after admission to practice. Every change after enrollment in any member's office address or social security number shall be reported promptly to the state bar. The social security number of a person enrolling in the state bar may not be disclosed to any person except the department of workforce development for the purpose of administering s. 49.22, stats.

SECTION 2. 11.04 (title) and 11.04 of the supreme court rules be created to read:

11.04 (title) Suspension for nonpayment of support, noncompliance with subpoena or warrant.

(1) In this rule:

(a) "Subpoena or warrant" means a subpoena or warrant issued by the department of workforce development or a child support agency and relating to paternity or support proceedings.

(b) "Support" means child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse.

(2) Upon receipt of certification from the department of workforce development pursuant to s. 49.857, stats., that a person licensed to practice law in this state is delinquent in making court-ordered payments of support or is not in compliance with a subpoena or warrant, the supreme court shall suspend the license of that person to practice law for 5 years in the case of delinquency in making court-ordered payments of support or for 6 months in the case of failure to comply with a subpoena or warrant.

(3) Before entering an order suspending an attorney's license under sub. (2), the supreme court shall issue an order requiring the attorney to show cause why his or her license to practice law should not be suspended.

(4) A license to practice law suspended under sub. (2) shall be reinstated as follows upon whichever of the following first occurs:

(a) Automatically upon the expiration of the period for which suspended.

(b) By order of the supreme court upon notification by the department of workforce development that the attorney has paid the delinquent support or has made satisfactory alternative payment arrangements or has satisfied the requirements under the subpoena or warrant.

(5) An attorney whose license to practice law is suspended under sub (2) shall comply with the provisions of SCR 22.26.

SECTION 3. 40.06(4) of the supreme court rules be amended to read:

(4) The board shall not certify an applicant while an attorney disciplinary matter against the applicant is pending or the applicant is certified by the department of workforce development as delinquent in making court-ordered payments of support or failing to comply with a subpoena or warrant, as those terms are defined in SCR 11.04(1). If an applicant's license to practice law in another jurisdiction is suspended or revoked for reasons related to professional responsibility at the time the application is filed or at any time that the application is pending, the suspension or revocation is a sufficient basis for denial of certification.

As an alternative to that procedure, the court is considering, but is not proposing, the adoption of a requirement that at the time of application for bar admission and annually on the State Bar of Wisconsin dues statement, each applicant and attorney licensed to practice law in Wisconsin, respectively, certify that he or she is not delinquent in making court-ordered payments of support or in noncompliance with a subpoena or warrant relating to paternity or support proceedings. The failure of an applicant or an attorney to make that certification or the making of a certification that is false would constitute grounds for the denial of bar admission or the suspension of the attorney's license to practice law.

IT IS ORDERED that a public hearing on this matter shall be held in the Supreme Court Hearing Room, 119 Martin Luther King Jr. Blvd., Madison, Wis., on Oct. 17, 2000, at 1:30 p.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 in the official state newspaper and in an official publication of the State Bar of Wisconsin not more than 60 days or less than 30 days before the date of the hearing.

Dated at Madison, Wis., this 26th day of April, 2000.

By the court:
Cornelia G. Clark, Clerk

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Board of Bar Examiners Fees

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In the Matter of Amendment of Supreme Court Rules: SCR 40.14 - Board of Bar Examiners - Fees

Amended Order 00-08

On March 31, 2000, the Board of Bar Examiners submitted a proposal for the increase of fees applicable to its responsibilities in matters related to bar admission. The court has considered the budget materials submitted by the board and has determined that the requested increase in fees is necessary and appropriate to maintain the board's operation in matters related to bar admission. The court, on its own motion, adopts the following amendment to Supreme Court Rule 40.14(3).

IT IS ORDERED that, effective Sept. 1, 2000, 40.14(3) of the Supreme Court Rules is amended to read:

SCR 40.14 Application; fees.

(3)  The following fees are payable to the board:

(a)Bar examination fee, $375 $450

(b)Late fee for bar examination, $100 $200

(c)Fee for application for admission on proof of practice elsewhere, $725 $850

(d)Admission fee, $ 60 $100

(e)Fee for reinstatement, readmission, late admission on diploma privilege or late enrollment in the bar, $200

(f)Application fee for change of name, $ 25

(g)Fee for a character and fitnessinvestigation under SCR 40.06(3m),$175 $210

(h)Late fee for a character and fitness investigation under SCR 40.06(3m), $ 50 $100

IT IS FURTHER ORDERED that notice of this amendment of the Supreme Court Rules 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 26th day of June, 2000.

By the court:
Cornelia G. Clark, Clerk

Wisconsin Lawyer