Wisconsin Lawyer
Vol. 79, No. 8, August
2006
Legal News & Trends
Bar members invited to a celebration honoring chief
justice
Chief Justice Shirley S. Abrahamson of the Wisconsin Supreme Court
questions an attorney during oral argument in State v. Sherrie S.
Tucker, Thursday September 12, 2002, in the Supreme Court Hearing
Room in the State Capitol. The case is a Racine County case.
Photo
Mark Hertzberg (c) Racine Journal Times
On Sept. 6, 1976, the State of Wisconsin
celebrated a milestone: the investiture of the first woman ever to serve
on the Wisconsin supreme court. On Sept. 6, 2006, a celebration will be
held in honor of Chief Justice Shirley S. Abrahamson, who, in addition
to marking 30 years on the supreme court, is celebrating her 10th
anniversary as chief justice and 50 years as a lawyer. Members of the
Bar are cordially invited to join the celebration on Wednesday, Sept. 6,
from 4 to 6 p.m., in the State Capitol Rotunda.
The State Bar honored Chief Justice Abrahamson at the 50-year
Members' Recognition Luncheon held during the 2006 Annual Convention
last May.
Then-President G. Michael Guerin presented a plaque to the chief
justice, saying, "It is a distinct honor to recognize Chief Justice
Abrahamson for 50 years of faithful service to the practice of law and
to recognize her special efforts in furtherance of the highest standards
and ideals of the legal profession."
The State Bar and the U.W. and Marquette law schools are cosponsoring
this event.
If you are able to attend, RSVP online by August 30,
2006 at www.law.wisc.edu/events/abrahamson.htm
Questions regarding this event:
Contact Brian Berg at (608) 262-5918 or brianberg@wisc.edu
Court rules CCAP records cannot be used to
prove habitual criminality
On June 30, the Wisconsin Supreme Court ruled that prosecutors and
courts cannot rely solely on Consolidated Court Automation Programs
(CCAP) records to prove a defendant's status as a habitual criminal at
sentencing.
Jamale A. Bonds pled not guilty to a charge of misdemeanor battery as
a habitual criminal and was convicted after a jury trial. The criminal
complaint that originally charged Bonds relied on three misdemeanor
convictions for the enhancer allegation. At sentencing, Bonds did not
admit the prior convictions, and the state changed the basis for the
repeater allegation to a single prior felony conviction. The state
sought to prove that conviction by submitting a CCAP report regarding
the prior felony. Bonds objected to allowing the state to change the
basis of the repeater allegation from three misdemeanors to a single
felony and to the use of the CCAP report to prove that felony. The
circuit court allowed the amendment over Bonds' objection and accepted
the report. The circuit court imposed an enhanced sentence. Bonds
appealed, and the court of appeals affirmed the circuit court in an
unpublished opinion.
By separate majorities, the supreme court held that 1) with
sufficient notice and proof of conviction the state could be permitted
to amend the basis for the repeater allegation from three misdemeanors
to the single felony, but that 2) in this case the CCAP report was
insufficient to prove that single felony conviction absent other proof
or the defendant's admission to it. The court rejected the use of CCAP
reports as prima facie evidence to prove repeater status under Wis.
Stat. section 939.62, because CCAP explicitly warns users that it does
not warranty the accuracy of the data contained in its records. The
court reversed the court of appeals and remanded the case to the circuit
court with orders to vacate the enhancer portion of the sentence.
New legislation changes time period
for service of a responsive pleading, Bar seeks feedback on Act
442
On May 23, Gov. Doyle signed into law 2005 Wisconsin Act 442, which
takes effect Oct. 1, 2006, and first applies to actions commenced on or
after that date. Act 442 changes the time period for service of a
responding pleading in certain cases.
Prior to the enactment of Act 442, the time period for serving a
responsive pleading was 45 days. This was the basic rule in civil
procedure and in specified proceedings including appeals in worker's
comp cases and appeals of alcohol licensing decisions.
Act 442 provides that a responsive pleading must be made within 20
days, except that a 45-day period applies when: 1) the defendant is the
state or an officer, agent, employee or agency of the state; or 2) the
defendant in an action is an insurance company or the complaint alleges
that a tort occurred.
The Litigation Section seeks member feedback regarding problems posed
by this Act. Direct questions to, Adam Korbitz at (800) 444-9404, ext.
6140, or akorbitz@wisbar.org.
Read the full text of the Act at www.wisbar.org/act442.
Family and civil forms updated
As of June 1, 2006, the Wisconsin Records Management Committee has
updated the following family (FA) and Civil (CV) forms.
- FA-4108 Petition with Minor Children
- FA-4110 Joint Petition for Divorce/Legal Separation with Minor
Children
- CV-427 Poverty Guidelines for Earnings
Forms and summaries are available in PDF or MS Word format at www.wisbar.org/forms. For information, contact Terri
Borrud at (608) 266-7143 or terri.borrud@wicourts.gov.
Wisconsin Lawyer