High court issues order on proposal to change appellate record rules

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The Wisconsin Supreme Court recently issued an order rejecting a request that the court revise its rules involving the appellate record.

The request had been submitted by the Judicial Council, an independent body of judges, lawmakers and lawyers and other stakeholders in the legal system that is charged with recommending changes to court procedures for the Supreme Court and state Legislature. The council filed its proposal concerning the appellate record on May 26.

The council had proposed changing the procedures for supplementing the record on appeal, as well as rules concerning sealed documents, transcripts of certain recordings and pre-sentence investigation reports.

The justices held a public hearing on the matter Jan. 16 and voted 5-2 afterward in closed conference to deny the petition.

The order, which was issued on Jan. 2,4 stated that that court felt “was not persuaded that these changes were necessary to improve the clarity of the appellate rules.”

Justice Shirley Abrahamson, joined by Justice Ann Walsh Bradley, wrote a dissenting opinion disagreeing with her colleague’s decision to grant the petition, saying she felt the proposed changes would make the appellate rules clearer.

She also noted that, in the interest of transparency, the majority order should have noted that she and Bradley had dissented. The order only noted that there was a 5-2 vote to deny the petition. Follow @erikastrebel