Supreme Court Orders

The Wisconsin Supreme Court, following public hearing, has issued orders amending the rules of appellate procedure regarding the number, form and length of briefs and appendices, and requests for publication of court of appeals opinions. The court also has amended supreme court rules regarding guardian ad litem legal education requirements and the Clients' Security Fund balance.

Requests for Publication of Court of Appeals Opinions

In the Matter of the Amendment of Rules of Appellate Procedure; Wis. Stat. (Rule) 809.23(4) - Requests for Publication of Court of Appeals Opinions

Order 96-10

The court held a public hearing March 18, 1997, on the petition of the Court of Appeals seeking the amendment of Wis. Stat. (Rule) 809.23(4) to exclude from requests permitted for publication of Court of Appeals opinions that are unreported or not recommended for publication opinions by one court of appeals judge and per curiam opinions on issues other than appellate jurisdiction or procedure. The amendment would also establish a procedure for requests to have per curiam opinions that do not address issues of appellate jurisdiction or procedure withdrawn, authored and recommended for publication.

The court has considered the petition, the revised petition filed March 6, 1997, the presentations at the public hearing, and the material filed with the court in the matter.

IT IS ORDERED that, effective July 1, 1997, the rules of appellate procedure are amended as follows:

1. 809.23(4) of the statutes is repealed and recreated to read:

(4) REQUEST FOR PUBLICATION. (a) Except as provided in para. (b), any person may at any time file a request that an opinion not recommended for publication or an unreported opinion be published in the official reports.

(b) No request may be made for the publication of an opinion that is a decision by one court of appeals judge under s. 752.31(2) and (3) or that is a per curiam opinion on issues other than appellate jurisdiction or procedure.

(c) A person may request that a per curiam opinion that does not address issues of appellate jurisdiction or procedure be withdrawn, authored and recommended for publication. That request shall be filed within 20 days of the date of the opinion and shall be decided by the panel that decided the appeal.

COURT OF APPEALS NOTE, 1997: A request under this paragraph does not affect the time under sec. (Rule) 809.62 for filing a petition for review. As in the case of reconsideration of a Court of Appeals decision or opinion, withdrawal of an opinion renders that opinion a nullity. Accordingly, a petition for review of that opinion filed prior to its withdrawal is of no effect, except that the petitioner may incorporate it by reference in a petition for review of the opinion subsequently issued in the appeal or proceeding.

(d) A copy of any request made under this subsection shall be served under s. 809.80 on the parties to the appeal or other proceeding in which the opinion was filed. A party to the appeal or proceeding may file a response to the request within 5 days after the request is filed.

COURT OF APPEALS NOTE, 1997: The Court of Appeals recognizes that many of its opinions are issued as per curiam opinions that should not be published under sec. (Rule) 809.23(1)(b)5, Stats. This amendment establishes a procedure whereby a person may request that a per curiam opinion be withdrawn, authored and recommended for publication. The amendment also expressly states that an opinion issued by a single judge of the Court of Appeals under sec. 752.31(2) and (3), Stats., will not be published.

IT IS FURTHER ORDERED that the notes of the Court of Appeals are not adopted but shall be printed for information purposes.

IT IS FURTHER ORDERED that these amendments of the rules of appellate procedure 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 17th day of April, 1997.

By the court:
Marilyn L. Graves, Clerk

Guardian ad Litem Legal Education

In the Matter of the Amendment of Supreme Court Rules: (Proposed) SCR 31.02(3), 31.065 and 31.07(6)
- Guardian ad Litem Legal Education

Order 96-13

The court held a public hearing March 18, 1997, on the petition of the Judicial Council of Wisconsin requesting the adoption of rules establishing continuing legal education attendance requirements of lawyers in order to be eligible to accept appointment as a guardian ad litem for a minor in a proceeding under Chapter 48, 767 or 938 of the statutes. The court has considered the presentations at that public hearing and the materials submitted in the matter, including the revised rule proposed for adoption addressing the concerns expressed by the court at conference held immediately following the public hearing.

IT IS ORDERED that Chapter 35 of the Supreme Court Rules is created to read:

SCR CHAPTER 35
ELIGIBILITY FOR APPOINTMENT
AS GUARDIAN AD LITEM
FOR A MINOR

1. SCR 35.01 Eligibility to accept an appointment. Commencing on July 1, 1999, a lawyer may not accept an appointment by a court as a guardian ad litem for a minor in an action or proceeding under chapter 48, 767 or 938 of the statutes unless one of the following conditions has been met:

(1) The lawyer has attended 30 hours of guardian ad litem education approved under SCR 35.03.

(2) The lawyer has attended 6 hours of guardian ad litem education approved under SCR 35.03 during the combined current reporting period specified in SCR 31.01(7) at the time he or she accepts an appointment and the immediately preceding reporting period.

(3) The appointing court has made a finding in writing or on the record that the action or proceeding presents exceptional or unusual circumstances for which the lawyer is otherwise qualified by experience or expertise to represent the best interests of the minor.

2. SCR 35.02 Effect of acceptance. A lawyer's acceptance of appointment as a guardian ad litem for a minor in an action or proceeding under chapter 48, 767 or 938 of the statutes constitutes the lawyer's representation to the appointing court that the lawyer is eligible to accept the appointment under SCR 35.01 and is governed by SCR 20:3.3.

3. SCR 35.03 Approval of guardian ad litem education. (1) The board of bar examiners shall approve courses of instruction at a law school in this state and continuing legal education activities that the board determines to be on the subject of the role and responsibilities of a guardian ad litem for a minor or on the subject matter of proceedings under chapter 48, 767 or 938 of the statutes and that are designed to increase the attendee's professional competence to act as guardian ad litem for a minor in those proceedings. The board of bar examiners may only approve courses of instruction or continuing legal education activities that are conducted after Jan. 1, 1995.

(2) The board of bar examiners shall designate, under SCR 31.05(3) and 31.07, the number of hours applicable to SCR 35.01(1) and (2) for each approved course of instruction and continuing legal education activity.

(3) Approval of a course of instruction or continuing legal education activity under sub. (1) constitutes approval of that course or activity for purposes of continuing legal education under SCR chapter 31.

(4) The procedure for obtaining approval of courses of instruction and continuing legal education activities is specified in SCR 31.08.

IT IS FURTHER ORDERED that a review of the operation of SCR chapter 35 shall be conducted in July 2001 or the year following, as the court may direct.

IT IS FURTHER ORDERED that notice of this amendment 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 17th day of April, 1997.

By the court:
Marilyn L. Graves, Clerk

Clients' Security Fund

In the Matter of the Amendment of Supreme Court Rules, SCR 12.04(2) and (3) - Clients' Security Fund

Order 96-15

The court held a public hearing April 15, 1997, on the petition of the Board of Governors of the State Bar of Wisconsin asking that SCR 12.04(2) and (3) be amended to increase from $150,000 to $250,000 the balance required to be maintained in the Clients' Security Fund. The court has considered the petition filed Dec. 12, 1996, and the presentation at the public hearing.

IT IS ORDERED that, effective the date of this order, the Supreme Court Rules are amended as follows:

1. 12.04(2) and (3) of the Supreme Court Rules are amended to read:

(2) Annual Assessments. Commencing with the state bar's July 1, 1982 fiscal year, every attorney shall pay to the fund such annual assessment as are is necessary to maintain a balance in the fund of $150,000 250,000, but in no event shall any annual assessment exceed $15. An attorney whose annual state bar membership dues are waived for hardship shall be excused from the payment of the annual assessment for that year. An attorney shall be excused from the payment of the annual assessment for the fiscal year during which he or she is admitted to practice in Wisconsin.

(3) Certificate of Sufficiency. The committee shall determine the net value of the fund as of May 1 of each year. Whenever the value of the fund shall equal or exceed $150,000 250,000, after deducting all claims which the committee has determined to pay and which are not disposed of at the date of valuation and all expenses properly chargeable against the fund, the committee shall file with the supreme court prior to May 31 of that year a certificate of sufficiency to that effect. When a certificate of sufficiency is filed with the supreme court, there shall be no annual assessment for the next fiscal year.

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 16th day of April, 1997.

By the court:
Cornelia G. Clark, Chief Deputy Clerk

Number, Form and Length
of Briefs and Appendices

In the Matter of the Amendment of Rules of Appellate Procedure: Wis. Stat. (Rule) 809.19(8)1 - Number, Form and Length of Briefs and Appendices

Order 97-01

The court held a public hearing March 18, 1997, on the court's proposal to amend Wis. Stat. (Rule) 809.19(8)1 to require that parties file 22 copies of briefs and appendices in the Supreme Court, seven more than the number required by the current rule. No appearances were made at the public hearing and no materials were filed in response to the notice of hearing.

IT IS ORDERED that, effective July 1, 1997, Wis. Stat. 809.19(8)1 is amended to read:

1. Except as provided in s. 809.43, a person who files a brief or appendix in the supreme court shall file 15 22 copies with the court, or such other number as the court directs, and serve 3 copies on each party.

IT IS FURTHER ORDERED that notice of this amendment of the rules of appellate procedure 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 17th day of April, 1997.

By the court:
Marilyn L. Graves, Clerk n

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