Wisconsin Lawyer
Vol. 78, No. 7, July
2005
Supreme Court Orders
The Wisconsin Supreme Court has amended
SCR 72.01 and 70.36 regarding the retention of court records.
Court Record Retention
In the matter of the Amendment of SCR 72.01 and SCR 70.36 Regarding
Record Retention
Order 05-03
On Jan. 21, 2005, the Director of State Courts filed a petition
seeking to amend Supreme Court Rules 72.01 and 70.36 concerning the
retention of court records to ensure consistency with recent legislative
amendments to Wis. Stat. § 974.07. A public hearing on the petition
was conducted on April 13, 2005. At the ensuing open administrative
conference the court voted to adopt the petition, as follows, effective
July 1, 2005:
Section 1. SCR 72.01 (46m) is created to read:
SCR 72.01 (46m) Criminal case exhibits containing biological material
subject to forensic deoxyribonucleic acid testing under s. 974.07,
stats. Any criminal case exhibit that is identified by the parties, the
clerk, or the court as containing biological material and that remains
in the court's custody shall be retained until the later of 50 years
after entry of final judgment or until every person in custody as a
result of the action or proceeding has reached his or her discharge
date, or until the court otherwise orders the disposition of the
evidence under s. 757.54 (2) (c) or 974.07, stats.
Comment: Deoxyribonucleic acid (DNA) technology is
increasingly vital to ensuring accuracy and fairness in the criminal
justice system. Section 974.07, stats., does not define the term
"biological material." The development of new techniques and scientific
breakthroughs in all areas of the forensic sciences will influence
determinations of criminal case exhibits to be retained pursuant to SCR
72.01 (46m).
Section 2. SCR 70.36 (2) (a) 3. is created to
read:
SCR 70.36 (2) (a) 3. Certificates filed under subd. 1. or 2. shall be
retained by the office of the director of state courts for 10 years from
the date of filing.
IT IS ORDERED that notice of this amendment of SCR 70.36 and SCR
72.01 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 3rd day of June, 2005.
By the court:
Cornelia G. Clark
Clerk of Supreme Court
Wisconsin Lawyer
