Under new law, petitions for review must wait

Listen to this article

Filing a simultaneous motion for reconsideration in the Wisconsin Court of Appeals and a petition for review in the state Supreme Court will soon be a thing of the past.

On June 19, Gov. Jim Doyle signed Assembly Bill 122 (2009 Wisconsin Act 25), which will toll the time for filing a petition for review until after the Court of Appeals has decided the motion for reconsideration.

According to April Southwick, staff attorney for the Wisconsin Judicial Council, the council had initially asked the Supreme Court to adopt the rule as part of a petition seeking other procedural changes, but the court concluded that the time limits were jurisdictional, and could only be changed through the Legislature.

Under the new rule, a motion for reconsideration must be filed within 20 days of the date of the Court of Appeals’ decision, and the 30-day time limit for filing the petition for review starts on the date the Court of Appeals either denies the motion or issues an amended decision.

On the same day, Gov. Doyle signed AB 123 (2009 WI Act 26), specifying that appeals in Chapter 980 cases (sexually violent persons commitments) and sec. 971.17 (http://nxt.legis.state.wi.us/nxt/gateway.dll?f=templates&fn=default.htm&d=stats&jd=971.17%20) (not guilty by reason of mental disease or defect), are subject to the appeal procedures in Rules 809.30 – 809.32, rather than Rule 808.04 and 809.30.

Doyle also signed AB 124 (2009 WI Act 27), to allow suppression of evidence issues to be raised on appeal in delinquency cases, despite entry of a guilty, no contest, or Alford plea.

“It is an honor to see these bills signed into law.” said Gary A. Hebl, co-author of the bills in a statement. “These bills will provide needed clarity to Wisconsin’s appeals process, will reduce unnecessary lawsuits, and will lead to a more efficient and effective use of court resources.”

The rule changes will go into effect on Nov. 1.