Wisconsin Lawyer
Vol. 83, No. 4, April 2010

Content of Appellate Appendices

In the matter of the petition to amend Wis. Stat. § (Rule) 809.19(2) relating to the content of appellate appendices.

In the matter of the petition to amend Wis. Stat. § (Rule) 809.62(2)(f) relating to content of Appendix to Petitions for Review.

Orders 10-01 and 10-02

On Jan. 14, 2010, the Wisconsin Court of Appeals, by Chief Judge Richard S. Brown, petitioned this court to amend Wis. Stat. § (Rule) 809.19(2) relating to the content of appellate appendices.

On Feb. 5, 2010, David R. Schanker, Clerk of the Supreme Court, petitioned this court to amend Wis. Stat. § (Rule)
809.62(2)(f) relating to content of appendices to petitions for review.

Both petitions seek amendments requiring that a party include in the appendix a copy of any unpublished opinion cited by the party.

IT IS ORDERED that a public hearing on the petitions shall be held in the Supreme Court Room in the State Capitol, Madison, Wis., on Tuesday, May 11, 2010, 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 publication of a copy of this order and of the petitions 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.¹

Dated at Madison, Wis., this 1st day of March, 2010.

By the court:

David R. Schanker, Clerk of Supreme Court

Petition

In re Proposed Amendment to Rule 809.19(2) relating to Content of Appellate Appendices

The Court of Appeals, by Chief Judge Richard S. Brown, respectfully petitions the Supreme Court to amend Wis. Stat. Rule 809.19(2), as follows:

Rule 809.19(2) APPENDIX. (a) Contents. The appellant’s brief shall include a short appendix containing, at a minimum, the findings or opinion of the circuit court, and limited portions of the record essential to an understanding of the issues raised, including oral or written rulings or decisions showing the circuit court’s reasoning regarding those issues, and a copy of any unpublished opinion cited under ss. 809.23(3)(a) or (3)(b). If the appeal is taken from a circuit court order or judgment entered in a judicial review of an administrative decision, the appendix shall also contain the findings of fact and conclusions of law, if any, and final decision of the administrative agency. The appendix shall include a table of contents. If the record is required by law to be confidential, the portions of the record included in the appendix shall be reproduced using first names and last initials instead of full names of persons, specifically including juveniles and parents of juveniles, with a notation that the portions of the record have been so reproduced to preserve confidentiality and with appropriate references to the record.

(b) Certification. An appellant’s counsel shall append to the appendix a signed certification that the appendix meets the content requirements of par. (a) in the following form:

I hereby certify that filed with this brief, either as a separate document or as a part of this brief, is an appendix that complies with s. 809.19 (2) (a) and that contains, at a minimum: (1) a table of contents; (2) the findings or opinion of the circuit court; and (3) a copy of any unpublished opinion cited under ss. 809.23(3)(a) or (3)(b); and (4) portions of the record essential to an understanding of the issues raised, including oral or written rulings or decisions showing the circuit court’s reasoning regarding those issues.

I further certify that if this appeal is taken from a circuit court order or judgment entered in a judicial review of an administrative decision, the appendix contains the findings of fact and conclusions of law, if any, and final decision of the administrative agency.

I further certify that if the record is required by law to be confidential, the portions of the record included in the appendix are reproduced using first names and last initials instead of full names of persons, specifically including juveniles and parents of juveniles, with a notation that the portions of the record have been so reproduced to preserve confidentiality and with appropriate references to the record.

Signed: ....

Signature

This revised petition is directed to the Supreme Court’s rule-making authority under Wis. Const., art. VII, sec. 3(1) and sec. 751.12, Stats.

Respectfully submitted on Jan. 13, 2010.

Richard S. Brown, Chief Judge

Court of Appeals of Wisconsin

Petition

Proposed Amendments to Wis. Stat. Rule 809.62(2)(f) relating to content of Appendix to Petitions for Review

The Clerk of the Supreme Court respectfully petitions the Supreme Court to amend Wis. Stat. Rule 809.62(2)(f). This petition is directed to the Supreme Court’s rule-making authority under Wis. Const. art. VII, sec. 3(1) and Wis. Stat. § 751.12.

The goal of this petition is to require the filer of a petition for review to include in the appendix a copy of any unpublished opinion cited under ss. 809.23(3)(a) or (3)(b) on the basis that unpublished opinions are not available in the official case reporters. This petition is intended to complement the Court of Appeals’ petition (Petition 10-01), which proposed a similar rule requiring that the appendix to a brief contain a copy of such unpublished opinions.

The need for this amendment was identified in the Interim Report of the Committee on the Citation of Unpublished Opinions. Members of that Committee included a Supreme Court justice, a Court of Appeals judge, the chief information officer of the Consolidated Courts Automation Project, the chief staff attorney of the Court of Appeals, the state law librarian, a representative of the Department of Justice, a representative of the State Public Defender, two appellate practitioners from the private bar, the editor of the Wisconsin Law Journal, the executive assistant to the Chief Justice, and the undersigned. This petition is being filed at the suggestion of that committee.

For these reasons, the Clerk of the Supreme Court respectfully requests that the Supreme Court adopt the following rule.

SECTION 809.62(2)(f) of the statutes is amended to read:

809.62(2) CONTENTS OF PETITION. Except as provided in s. 809.32(4), the petition must contain:

…

(f) An appendix containing, in the following order:

1. The decision and opinion of the court of appeals.

2. The judgments, orders, findings of fact, conclusions of law and memorandum decisions of the circuit court and administrative agencies necessary for an understanding of the petition.

3. Any other portions of the record necessary for an understanding of the petition.

4. A copy of any unpublished opinion cited under ss. 809.23(3)(a) or (3)(b).

Respectfully submitted on Feb. 5, 2010.

David R. Schanker,

Clerk of Supreme Court

Wisconsin Lawyer