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Court Rules is repealed and recreated to read: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
Wisconsin Lawyer
