Vol. 85, No. 11, November 2012
Publication of Supreme Court Orders and Rules
In re Matter of Publication of Supreme Court Orders – creation of rules under Supreme Court Rules Ch. 80 and amendment of Supreme Court Rules 98.07, Publication of Rules.
On Sept. 7, 2012, the Publication Review Committee, convened by Chief Justice Shirley S. Abrahamson, filed this petition with the court. The petition proposes some changes and additions to Supreme Court Rule (SCR) Chapter 80, designed to govern publication of supreme court orders issued in cases, and amendments to SCR 98.07, which governs publication of rule matters. The court discussed this matter at its open administrative conference on Sept. 25, 2012, and voted unanimously to schedule a public hearing on the petition.
IT IS ORDERED that a public hearing on the petition shall be held in the Supreme Court Room in the State Capitol, Madison, Wis., on Tuesday, Jan. 15, 2013, at 9:30 a.m.
IT IS FURTHER ORDERED that the court's conference in the matter shall be held promptly following the public hearing.
IT IS FURTHER ORDERED that notice of the hearing be given by a single publication of a copy of this order and of the petition in the official state newspaper and in an official publication of the State Bar of Wisconsin not more than 60 days nor less than 30 days before the date of the hearing.
Dated at Madison, Wis., this 11th day of October, 2012.
By the court:
Diane M. Fremgen, Clerk of Supreme Court
This rule proposal comes before the Wisconsin Supreme Court upon the petition of the Publication Review Committee. Petitioner proposes that the Supreme Court adopt Supreme Court Rules 80.002 and 80.003 and amend Supreme Court Rule 98.07 to establish a procedure for the publication of court orders issued in cases and rule petition matters. This petition and supporting memorandum are filed pursuant to the court's rulemaking and administrative authority pursuant to Article VII, § 3 of the Wisconsin Constitution.
Section 1. Supreme Court Rule Chapter 80 (title) is amended to read:
SCR Chapter 80. Publication of Opinions and Orders
Section 2. Supreme Court Rule 80.002 is created to read:
SCR 80.002. Supreme Court Opinions. All supreme court opinions shall be published in the official publications designated in SCR 80.01.
Section 3. Supreme Court Rule 80.003 is created to read:
SCR 80.003. Supreme Court Orders.
(1) A supreme court order shall be published if the order meets any of the following criteria:
(a) The order disposes of any appeal, review, or proceeding before the supreme court and contains significant discussion or explanation of the grounds for disposition.
(b) The order resolves a motion for reconsideration of a supreme court opinion and contains further explanation, clarification, or modification of the court's opinion.
(c) The order resolves a bona fide and substantial request for recusal or disqualification of a justice.
(2) Orders of the supreme court other than those in sub. (1) may be published if the order meets one or more of the following criteria:
(a) The order concerns a legal, factual, jurisdictional, or procedural issue of significant public interest or importance.
(b) The order contains significant discussion or explanation of the state constitution, or any law, statute, or court rule.
(c) The order enhances access to or transparency of the court's work to the general public.
(a) A majority of the participating members of the court shall determine whether an order issued by the court satisfies the publication criteria under this rule. However, if a justice who authors a concurrence or dissent determines the concurrence or dissent satisfies the publication criteria under this rule, then the order and concurrence or dissent shall be published.
(b) The authoring justice of an order issued by a single justice shall determine whether the order satisfies the publication criteria under this rule.
(c) An order designated to be published under this rule shall include a statement, "This order will be published pursuant to rule ___." This statement will be removed upon publication.
(4) Orders published under this rule shall be published in the official publications designated in SCR 80.01, including the official publishers' online databases, and on the Wisconsin court system's web site.
Section 4. Comments to Supreme Court Rule 80.003 are created to read:
1. A supreme court order published under this rule may include orders that provide a scholarly critique of an existing law, statute, or rule or a new interpretation, clarification, or criticism of an existing provision of the statute constitution, statute, or court rule.
2. A concurrence or dissent is considered part of the order to which the publication criteria apply.
3. Publication rules under this chapter govern court orders issued in appeals, reviews, or proceedings before the supreme court. Publication rules governing court orders issued on rule petitions are set forth in Supreme Court Rule Chapter 98.
4. Supreme court opinions include authored and per curiam opinions.
5. A supreme court order includes an order issued by this court including a single justice of this court.
Section 5. Supreme Court Rule 98.07 (title) is amended to read:
SCR 98.07 Publication of rules orders.
Section 6. Supreme Court Rule 98.07 is amended to read:
SCR 98.07. All orders of the supreme court adopting, amending or repealing a rule, statute, or policy shall be published in the official state newspaper promptly after adoption publications designated in SCR 80.01, including the official publishers' online databases, and by the state bar of Wisconsin, in its official publication and on the Wisconsin court system's web site.
Section 7. A Comment to Supreme Court Rule 98.07 is created to read:
All supreme court orders disposing of a rule petition will be available on the Wisconsin court system's web site.
Respectfully submitted this 7th day of September, 2012.
On behalf of the Publication Review Committee, submitted by Theresa Owens, Executive Assistant
Computing Time When a Deadline Falls on a Holiday
In the matter of the Amendment of Supreme Court Rule 99.01(4)(e), Construction of Supreme Court Rules.
The court, on the motion of Chief Justice Shirley S. Abrahamson, amends Supreme Court Rule (SCR) 99.01(4)(e) to correct a statutory reference contained in the rule provision.
By order dated Dec. 11, 1979, the supreme court adopted a petition filed by the Judicial Council pursuant to which it created SCR Chapter 99, entitled "Construction of Supreme Court Rules." Supreme court rule 99.01(4)(e) addresses the manner in which time is computed under the rules when a deadline falls on a date designated as a legal holiday under the statutes. This rule currently references Wis. Stat. § 757.17, Legal Holiday. Section 757.17 has been renumbered several times. In 1983 § 757.17 was renumbered Wis. Stat. § 895.20. 1983 Wis. Act 192, § 257. In 2005 § 895.20 was renumbered Wis. Stat. § 995.20. 2005 Wis. Act 155, § 33. The legislature has also amended the statute governing legal holidays several times since 1979. The statutory citation in SCR 99.01(4)(e) should be amended to refer to section 995.20 to reflect the legislative changes.
IT IS ORDERED that effective the date of this order, 99.01(4)(e) of the supreme court rules is amended to read as follows:
99.01 (4) (e) "Legal holiday" as used in this rule means any statewide legal holiday provided in section 757.17 995.20 of the statutes. When an act is permitted to be done by the use of the postal service, and the last day within the time prescribed by law for performing the act falls on a legal public holiday under federal law, or other holiday designated by the president such that the postal service does not receive certified mail or make regular deliveries on that day, the day shall be considered a legal holiday for purposes of this rule.
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 publications designated in SCR 80.01, including the official publishers' online databases, by the State Bar of Wisconsin, and on the Wisconsin court system's website.
Dated at Madison, Wis., this 16th day of October, 2012.
By the court:
Diane M. Fremgen, Clerk of Supreme Court