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Supreme Court Orders
The Wisconsin Supreme Court recreates SCR chapter 80, establishing
a public domain citation system, effective Jan. 1, 2000; sets
a public hearing for Sept. 28 on staffing standards for the courts,
venue in incarcerated person cases, and use of DOT operating
record abstracts in criminal proceedings; defines "quorum"
for board members of BAPR and BBE; and sets a public hearing
for Oct. 19 to consider special responsibilities of a prosecutor
concerning trial publicity.
Publication
and Citation of Opinions
In the Matter of the Amendment of Supreme Court Rules:
SCR Chapter 80 - Publication and Citation of Opinions
Order 95-01
The court has considered the amended petition filed by the
State Bar of Wisconsin and the Judicial Council of Wisconsin
Oct. 21, 1994, the cross-petition filed by West Publishing Company
March 2, 1995, the matters presented at the public hearing on
the amended petition held March 21, 1995, and the written material
submitted in response to the petition, amended petition and cross-petition.
IT IS ORDERED that, effective Jan. 1, 2000, chapter 80 of
the Supreme Court Rules is repealed and recreated to read:
Publication of Opinions
SCR 80.001 Definition.
In this chapter, "public domain citation" means
the calendar year in which an opinion, rule, order, or other
item that is to be published is issued or ordered to be published,
whichever is later, followed by the designation of the court
issuing the opinion, rule, order, or other item, followed by
the sequential number assigned to the opinion, rule, order, or
other item by the clerk of the court, in the following form:
- 2000 WI 14
- 2001 WI App 9
SCR 80.01 Official publications.
(1) The supreme court designates the Wisconsin Reports
as published by Lawyers Cooperative Publishing and the Wisconsin
Reporter edition of the North Western Reporter published
by West Group as official publications of the opinions, rules,
and orders of the court of appeals and the supreme court and
other items designated by the supreme court. If any authorized
agency of this state publishes the opinions, rules, orders, and
other matters of the court of appeals and the supreme court in
a format approved by the supreme court after Jan. 1, 1979, that
publication shall also be designated as an official publication.
(2) The official publication of each opinion, rule, order,
and other item of the supreme court issued on or after Jan. 1,
2000, shall set forth the public domain citation of the opinion,
rule, order, or other item and shall include the paragraph numbering
of the opinion.
(3) The official publication of each opinion, rule, order,
and other item of the court of appeals ordered to be published
on or after Jan. 1, 2000, shall set forth the public domain citation
of the opinion, rule, order, or other item and shall include
the paragraph numbering of the opinion.
SCR 80.02 Proper citation.
(1) The citation of any published opinion of the court of
appeals or the supreme court in the table of cases in a brief
and the initial citation in a memorandum or other document filed
with the court of appeals or the supreme court shall include,
in the order set forth, a reference to each of the following:
- (a) the public domain citation, if it exists;
-
- (b) the volume and page number of the Wisconsin Reports
in which the opinion is published;
-
- (c) the volume and page number of the North Western Reporter
in which the opinion is published;
(2) Subsequent citations shall include at least one of the
references in sub. (1) and shall be internally consistent.
(3)(a) Citation to specific portions of an opinion issued
or ordered to be published prior to Jan. 1, 2000, shall be by
reference to page numbers, in the following form:
- Smith v. Jones, 214 Wis. 2d 408, 412.
- Doe v. Roe, 595 N.W.2d 346, 352.
(b) Citation to specific portions of an opinion issued on
or after Jan. 1, 2000, shall be by reference to paragraph numbers,
in the following form:
- Smith v. Jones, 2000 WI 14, ¶6
- Smith v. Jones, 214 Wis. 2d 408, ¶12
- Doe v. Roe, 2001 WI App 9, ¶17
- Doe v. Roe, 595 N.W.2d 346, ¶27
(c) Citation to specific portions of an opinion issued prior
to Jan. 1, 2000, and ordered to be published after Jan. 1, 2000,
shall be by reference to paragraph numbers if they exist or to
page numbers if paragraph numbers do not exist.
SCR 80.03 Title.
Lawyers Cooperative Publishing is authorized to designate
the reports published by it as "Wisconsin Reports"
provided that "Callaghan's" is a prefix to the
title.
IT IS FURTHER ORDERED that notice of these amendments of the
Supreme Court Rules shall be given by a single publication of
a copy of this order in the official state newspaper and in an
official publication of the State Bar of Wisconsin.
IT IS FURTHER ORDERED that, effective Jan. 1, 2000,
(1) Each opinion, rule, order, and other item ordered to be
published by the court of appeals shall set forth the calendar
year in which it is ordered to be published, followed by the
designation "WI App," followed by the sequential number
assigned to it by the clerk of the court for that calendar year.
(2) Each opinion, rule, order, and other item issued by the
supreme court that is to be published shall set forth the calendar
year in which it is issued, followed by the designation "WI,"
followed by the sequential number assigned to it by the clerk
of the court for that calendar year.
(3) The paragraphs of each opinion, including any concurrence
and dissent to the opinion, issued by the court of appeals or
the supreme court shall be numbered consecutively.
Dated at Madison, Wis., this 28th day of June, 1999.
By the court:
Marilyn L. Graves, Clerk
Special
Responsibilities of a Prosecutor
In the Matter of the Amendment of Supreme Court Rules:
SCR 20:3.6 - Trial Publicity; 20:3.8 -
Special Responsibilities of a Prosecutor
Order 97-06
At conference following the public hearing Sept. 9, 1997,
on the petition of the Wisconsin Association of Criminal Defense
Lawyers for the amendment of Supreme
Court Rule 20:3.6 concerning trial publicity, the court expressed
interest in issues involving trial publicity that have been addressed
by the U.S. Supreme Court and Rule 3.6 of the ABA Model Rules
of Professional Conduct but were not included in the rule petition.
The court determined that the petition be held in abeyance in
order that the petitioner could explore those and other issues
with the State Bar, the Board of Attorneys Professional Responsibility,
and other interested persons, including prosecutors, judges,
and the civil bar, and file a report with the court or, in the
alternative, file an amended petition proposing additional amendments
to SCR 20:3.6.
On May 14, 1999, the Wisconsin Association of Criminal Defense
Lawyers filed an amended petition proposing additional amendments
to SCR 20:3.6 and the creation of an additional provision in
SCR 20:3.8 concerning special responsibilities of a prosecutor.
IT IS ORDERED that a public hearing on the amended petition
shall be held in the Supreme Court Hearing Room, 119 Martin Luther
King Jr. Blvd., Madison, Wis., on Oct. 19, 1999, 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 and of the petition
in the official state newspaper and in an official publication
of the State Bar of Wisconsin not more than 60 days nor less
than 30 days before the date of the hearing.
Dated at Madison, Wis., this 23rd day of June, 1999.
By the court:
Marilyn L. Graves, Clerk
Staffing
Standards for Courts
In the Matter of the Amendment of Supreme Court Rules:
SCR 70.39(13)(b) - Staffing Standards for Courts
Order 99-01
On Feb. 4, 1999, the Executive Committee of the Judicial Conference
of Wisconsin filed a petition seeking the amendment of the rule,
SCR
70.39(13)(b), requiring the Judicial Conference to review
semiannually the staffing standards set forth in SCR 70.39(11)
and report to the supreme court its recommendations for their
modification. The proposed amendment would replace the semiannual
review with a review at the discretion of the Judicial Conference
or as the supreme court may direct.
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 Sept. 28, 1999, 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 and of the petition
in the official state newspaper and in an official publication
of the State Bar of Wisconsin not more than 60 days nor less
than 30 days before the date of the hearing.
Dated at Madison, Wis., this 17th day of June, 1999.
By the court:
Marilyn L. Graves, Clerk
Venue
in Incarcerated Person Cases
In the Matter of the Amendment of Supreme Court Rules:
SCR 70.40 - Venue in Incarcerated Person Cases
Order 99-02
On April 8, 1999, the Committee of Chief Judges and District
Court Administrators filed a petition seeking the amendment of
the rule, SCR
70.40, governing venue in cases brought by incarcerated persons.
The proposed amendments are intended to conform the rule to applicable
statutory revisions.
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 Sept. 28, 1999, 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 and of the petition
in the official state newspaper and in an official publication
of the State Bar of Wisconsin not more than 60 days nor less
than 30 days before the date of the hearing.
Dated at Madison, Wis., this 17th day of June, 1999.
By the court:
Marilyn L. Graves, Clerk
Use
of DOT Operating Record Abstracts
in Criminal Proceeding
In the Matter of the Amendment of the Rules of Pleading,
Practice, and Procedure: Wis. Stat. § 343.24(1) -
Use of Department of Transportation Operating
Record Abstract in Criminal Proceeding
Order 99-04
By order of April 1, 1998, in No. 97-03, the court amended
SCR
72.01(24), (24a), and (24m) effective April 1, 1999, to reduce
the retention period for traffic forfeiture, conservation forfeiture,
and ordinance violation case files, court records, and minute
records from six to five years after entry of final judgment.
In order that admissible evidence be available to establish repeat
Operating While Intoxicated, Operating After Revocation, and
other criminal traffic violations without the need for records
and case files beyond their five-year retention period, the court
on its own motion proposes the amendment of Wis. Stat. section 343.24(1)
as follows:
343.24 Department to furnish operating record. (1) The department
shall upon request furnish any person an abstract of the operating
record of any person. The abstract shall be certified if certification
is requested. Such abstract is not admissible in evidence in
any action for damages or criminal proceeding arising out of
a motor vehicle accident.
IT IS ORDERED that a public hearing on the proposed amendment
of Wis. Stat. section 343.24(1) shall be held in the Supreme
Court Hearing Room, 119 Martin Luther King Jr. Blvd., Madi-son,
Wis., on Sept. 28, 1999, 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 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 17th day of June, 1999.
By the court:
Marilyn L. Graves, Clerk
Defining
"Quorum" of BAPR
and BBE Board Members
In the Matter of the Amendment of Supreme Court Rules:
SCR 21.01(2) - Board of Attorneys Professional Responsibility;
and SCR 30.01(1m) - Board of Bar Examiners
Order 99-05
The court has determined that it is desirable to amend the
Supreme Court Rules to specify the number of members of the Board
of Attorneys Professional Responsibility and of the Board of
Bar Examiners that constitute a quorum of each board, taking
into account that at times, due to the expiration of terms, resignation
or otherwise, not all of the members authorized by court rule
are serving. To make provision for that eventuality, the court
has deemed it appropriate to amend on its own motion SCR
21.01(2), which currently specifies that a quorum of the
Board of Attorneys Professional Responsibility consists of seven
members, and to create SCR
30.01(1m) to specify the number of the members of the Board
of Bar Examiners that constitutes a quorum, as there is no current
provision doing so.
IT IS ORDERED that, effective the date of this order, the Supreme
Court Rules are amended as follows.
SECTION 1. 21.02(2) is amended to read:
21.02(2) A quorum of the board consists of 7 members a majority
of members currently serving.
SECTION 2. 30.01(1m) is created to read:
30.01(1m) A quorum of the board consists of a majority of members
currently serving.
IT IS FURTHER ORDERED that notice of these amendments of the
Supreme Court Rules shall be given by a single publication of
a copy of this order in the official state newspaper and in an
official publication of the State Bar of Wisconsin.
Dated at Madison, Wis., this 29th day of June, 1999.
By the court:
Marilyn L. Graves, Clerk
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