Appellate Procedure — sanctions

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Wisconsin Supreme Court

Criminal

Appellate Procedure — sanctions

Before imposing sanctions on attorney for filing a brief with a deficient appendix, the Court of Appeals should issue an order to show cause.

“Considering the interests of the court of appeals, the interests of counsel, the interests of litigants, and the effective and efficient administration of justice, we suggest that hereafter when the court of appeals is considering imposing a sanction on an attorney for filing a brief with a deficient appendix, an order should be issued (separate from the court’s opinion on the merits of the appeal) directing counsel to show cause why a violation of the rules governing appendix content and certification, Wis. Stat. § (Rule) 809.19(2)(a) and (b) (2009-10),1[5] should not be found and why the attorney should not pay a stated amount of money to the clerk of the court of appeals as a sanction for failing to include in the appendix portions of the record that may have been essential to an understanding of the issue on appeal and for filing an incorrect certification. The order to show cause should also state that alternatively, the attorney may pay the amount of money set in the order within 30 days of the order without showing cause why the attorney should not be relieved of this obligation.”

Remanded.

2010AP387-CR State v. Nielsen

Abrahamson, C.J.

Attorneys: For Appellant: Ehmann, Joseph N., Madison; Lee, Devon M., Madison; For Respondent: Weber, Gregory M., Madison; Nieskes, Michael E., Racine