809.107 NoteSubsection (5) (e) requires the court reporter to serve copies of the transcript on the other parties to the appeal within 5 days after the appellant requests the copies.
809.107 NoteSubsection (6) (am) provides a procedure for ineffective assistance of counsel claims and other claims that require fact-finding after the final judgment or order has been entered. [Re Order No. 00-02 effective July 1, 2001]
809.107 NoteJudicial Council Note, 2006: The creation of s. 809.107 (2) (am) requires counsel representing a parent who wants to appeal the TPR disposition to file a notice of intent to pursue postdisposition or appellate relief. Trial counsel’s representation continues until the notice of intent is filed.
809.107 NoteSection 809.107 (2) (bm) contains the substance of former sub. (2). The amendment adds the case number to the content requirements for the notice of intent. Subsection (2) (bm) 2. deletes a reference to the date on which the judgment or order was granted because the time limits in s. 808.04 (7m) commence on the date the judgment or order was entered.
809.107 NoteThe amendment to s. 809.107 (2) (c) addresses the practical concern that arises when a notice of intent is filed before the final judgment or order is entered. Similar to s. 808.04 (8), the amendment allows the filing date of the notice of intent to be deemed the date that the judgment or order was entered, and thereby preserves appellate jurisdiction.
809.107 NoteTo facilitate compliance with the time limits in this section, the amendment to (3) requires the clerk to send a copy of the judgment or order that shows the date on which it was entered and a list of transcripts already on file to the state public defender’s intake office, or to the person if appearing without counsel, or to retained counsel.
809.107 NoteNew s. 809.107 (4) (a) codifies existing practice and establishes a time limit for the state public defender to appoint counsel and request transcripts and circuit court case records. The public defender’s time limit commences on the date that the public defender’s office receives the materials from the circuit court clerk, rather than on the date the notice of intent is filed, so as to reduce the number of extension motions that must be filed when the clerk does not timely send the materials under sub. (3) (a).
809.107 NoteThe amendment to s. 809.107 (4) (b) clarifies the procedure applicable to persons who are not represented by the state public defender and creates time limits applicable to a person who has applied for and has been denied public defender representation. In the latter case, the rule provides an additional 15 days for the person to obtain private counsel and request a copy of the transcript and case record. The time limit is set at 30 days because 15 days will have expired while the public defender’s office determines whether the person is eligible for appointed counsel. This time limit commences on the date the notice of intent was filed, rather than the date of the public defender’s determination because that determination does not appear in the case record.
809.107 NoteSubsection (4m) includes the last two sentences of former sub. (4). Subsection (4m) also creates a new requirement for the circuit court clerk to indicate the date and manner of service in the case record. The new requirement is necessary because the notice of appeal time limit is measured from the date of service of the case record or transcript, whichever is later.
809.107 NoteThe amendment to s. 809.107 (5) (a) clarifies that the time limit for filing a notice of appeal commences 30 days from the later of the service of the transcript or case record. Persons contemplating filing a notice of appeal are better able to assess grounds for relief after reviewing both the transcripts and the circuit court case record. [Re Order No. 05-07 effective July 1, 2006]
809.107 AnnotationTime limits imposed by the legislature in sub. (6) do not constitute unconstitutional infringements on the judiciary, as they are subject to court modification. Time limits imposed by sub. (5) do not violate constitutional guarantees of due process or effective assistance of counsel. Rhonda R.D. v. Franklin R.D., 191 Wis. 2d 680, 530 N.W.2d 34 (Ct. App. 1995). 809.107 AnnotationThe no merit appeal procedure under s. 809.32 and the authority to extend the time for filing a notice of appeal under s. 809.82 (2) do not apply to appeals regarding terminations of parental rights. Gloria A. v. State, 195 Wis. 2d 268, 536 N.W.2d 396 (Ct. App. 1995), 95-0315. 809.107 AnnotationWhile s. 809.32 relating to no merit reports does not apply to appeals under this section, the filing of a no merit report is not precluded if the notice of intent and notice of appeal under subs. (2) and (5) are timely filed and the report is filed within the time for filing the appellant’s brief under sub. (6) (a). Brown County v. Edward C.T., 218 Wis. 2d 160, 579 N.W.2d 293 (Ct. App. 1998), 98-0075. 809.107 AnnotationDespite the express service provisions in this section, service does not initiate the appeal and confer jurisdiction, filing does. Carla B. v. Timothy N., 228 Wis. 2d 695, 598 N.W.2d 924 (Ct. App. 1999), 99-0853. 809.108809.108 Appeals in proceedings related to political subdivision approvals. 809.108(1)(1) Applicability. This section applies to the appeal of a judgment or order under s. 781.10 (2) (d) 5. and supersedes all inconsistent provisions of this chapter. 809.108(2)(2) Initiating an appeal. A party may initiate an appeal under this section by filing a notice of appeal with the clerk of the circuit court in which the judgment or order appealed from was entered and shall specify in the notice of appeal the judgment or order appealed from. 809.108(3)(3) Appeal procedure. Subsequent proceedings in an appeal under this section are governed by the procedures for civil appeals under this subchapter and the procedures under subch. VI, except as follows: 809.108(3)(a)(a) The appellant shall file a brief within 30 days after the filing of the record on appeal. 809.108(3)(b)(b) The respondent shall file a brief within 30 days after the service of the appellant’s brief. 809.108(3)(c)(c) The appellant shall file within 15 days after the service of the respondent’s brief a reply brief or statement that a reply brief will not be filed. 809.108(4)(4) Decision. The court of appeals shall give preference to an appeal under this section and shall take the appeal in an order that ensures that the court of appeals issues a decision no later than 90 days after the deadline under sub. (3) (c). 809.108 HistoryHistory: 2023 a. 16. 809.109809.109 Rule (Appeals from orders entered pursuant to s. 971.14). 809.109(1)(1) Applicability. This section applies to the appeal of an order under s. 971.14 and supersedes all inconsistent provisions of this chapter. 809.109(2)(a)(a) Appeal procedure; counsel to continue. A person seeking postdisposition or appellate relief shall comply with this section. If the person desires to pursue postdisposition or appellate relief, counsel representing the person during circuit court proceedings under s. 971.14 shall continue representation by filing a notice under par. (2) (b) unless sooner discharged by the person or by the circuit court. 809.109(2)(b)(b) Notice of intent to pursue postdisposition or appellate relief. Within 14 days of the entry of an order under s. 971.14 determining competency to proceed or ordering the involuntary administration of medication, the person shall file in the circuit court and serve on the prosecutor, any other party, and the department of health services, a notice of intent to pursue postdisposition or appellate relief. If the record discloses that entry of the order occurred after the notice of intent was filed, the notice shall be treated as filed after entry of the order appealed from on the day of the entry of the final order. The notice of intent shall include all of the following: 809.109(2)(b)2.2. An identification of the order from which the person intends to seek postdisposition or appellate relief and the date on which the order was entered. 809.109(2)(b)3.3. The name and address of the person and the person’s trial counsel. 809.109(2)(b)4.4. Whether the person requests representation by the state public defender for purposes of postdisposition or appellate relief. 809.109(2)(b)5.5. For a person who does not request representation by the state public defender, whether the person will proceed without counsel or will be represented by retained counsel. If the person has retained counsel to pursue postdisposition or appellate relief, counsel’s name and address shall be included. 809.109(2)(c)(c) Clerk to send materials. Within 5 days after a notice under par. (b) is filed, the clerk of the circuit court shall do all of the following: 809.109(2)(c)1.1. If the person requests representation by the state public defender for purposes of postdisposition or appellate relief, the clerk shall send to the state public defender’s appellate intake office a copy of the notice of intent that shows the date on which the notice was filed, a copy of the order specified in the notice that shows the date on which the order was entered, a list of the court reporters for each proceeding under s. 971.14 in the action in which the order was entered, and a list of those proceedings for which a transcript already has been filed with the clerk of circuit court. 809.109(2)(c)2.2. If the person does not request representation by the state public defender, the clerk shall send or furnish to the person, if the person is appearing without counsel, or to the person’s attorney, if one has been retained, a copy of the order or order specified in the notice that shows the date on which the order was entered, a list of the court reporters for each proceeding in the action in which the order was entered, and a list of those proceedings in which a transcript already has been filed with the clerk of circuit court. 809.109(2)(d)(d) State public defender appointment of counsel; request for transcript and circuit court case record. Within 15 days after the state public defender appellate intake office receives the materials from the clerk of circuit court under par. (c), the state public defender shall appoint counsel for the person and request a transcript of the court reporter’s verbatim record, if not ordered under par. (f) 1., and a copy of the circuit court case record. 809.109(2)(e)(e) Person not represented by public defender. A person who does not request representation by the state public defender for purposes of postdisposition or appellate relief shall request a transcript of the court reporter’s verbatim record, and may request a copy of the circuit court case record within 15 days after filing the notice of intent under par. (b). A person who is denied representation by the state public defender for purposes of postdisposition or appellate relief shall request a transcript of the court reporter’s verbatim record, and may request a copy of the circuit court case record, within 30 days after filing a notice of intent under par. (b). 809.109(2)(f)(f) Filing and service of transcript and circuit court case record. 809.109(2)(f)1.1. If involuntary medication is ordered under s. 971.14, the subject of the order or counsel representing the person shall within 3 days of involuntary medication being ordered, request the transcript of any portion of the proceedings relating to the involuntary medication order. The court reporter shall file the transcript with the circuit court and serve copies on the parties within 14 days of the request. 809.109(2)(f)2.2. Except transcripts requested under subd. 1., the court reporter shall file the transcript with the circuit court and serve a copy of the transcript on the person within 30 days after the transcript is requested; within 10 days after the request for a transcript of postdisposition proceedings brought under par. (g), the court reporter shall file the transcript with the circuit court and serve a copy on the parties entitled to a copy. The clerk of circuit court shall serve a copy of the circuit court case record on the person within 30 days after the case record is requested, and shall indicate in the case record the date and manner of service. 809.109(2)(g)(g) Notice of appeal, postdisposition motion. The person shall file in the circuit court a notice of appeal or motion seeking postdisposition relief within 30 days after the later of the service of the transcript or circuit court case record. A notice of appeal filed under this section shall conform to the requirements set forth in s. 809.10. The appeal shall be initiated and docketed in accordance with ss. 809.10 and 809.11. 809.109(2)(h)(h) Order determining postdisposition motion. Unless an extension is requested by a party or the circuit court and granted by the court of appeals, the circuit court shall determine by an order the person’s motion for postdisposition relief within 30 days after the filing of the motion or the motion is considered to be denied and the clerk of circuit court shall immediately enter an order denying the motion. The person shall file a motion for postdisposition relief in the circuit court before a notice of appeal is filed unless the grounds for seeking relief are sufficiency of the evidence or issues previously raised. 809.109(2)(i)(i) Appeal from order. The person shall file in the circuit court a notice of appeal from the order and, if necessary, from the order of the circuit court on the motion for postdisposition relief within 5 days of the entry of the order on the postdisposition motion. A notice of appeal filed under this section shall conform to the requirements set forth in s. 809.10. The appeal shall be initiated and docketed in accordance with ss. 809.10 and 809.11. 809.109(2)(j)(j) Notice of abandonment of appeal. If a person who filed a notice of intent to seek postdisposition relief under par. (b) and requested a transcript and case record under par. (d) or (e) decides not to file a notice of appeal, the person shall notify the circuit court, prosecutor, and the Department of Health Services of the decision, within 30 days after the service of the transcript and case record under par. (f) 2. 809.109(2)(k)(k) Requesting transcripts for other parties. The appellant shall request a copy of the transcript of the court reporter’s verbatim record of the proceedings for each of the parties to the appeal and make arrangements to pay for the transcript and copies within 5 days after the filing of the notice of appeal. 809.109(2)(L)(L) Statement on transcript. Within 5 days after filing the notice of appeal, the appellant shall file a statement on transcript with the clerk of circuit court, who shall transmit the statement on transcript to the clerk of the court of appeals within 3 days after its filing. The statement on transcript shall either designate the portions of the transcript that have been requested by the appellant or contain a statement by the appellant that a transcript is not necessary for prosecution of the appeal. If a transcript is necessary for prosecution of the appeal, the statement on transcript shall also contain a statement by the court reporter that the appellant has requested copies of the transcript or designated portions thereof for each of the other parties; that the appellant has made arrangements to pay for the original transcript and for all copies for other parties; the date on which the appellant requested the transcript and made arrangements to pay for it; and the date on which the transcript must be served on the parties. 809.109(2)(m)(m) Service of transcript on other parties. The court reporter shall serve copies of the transcript on the parties indicated in the statement on transcript within 5 days after the date the appellant requested copies of the transcript under par. (k). 809.109(3)(3) Appeal by state; appointment of counsel. The State may appeal an order entered under s. 971.14 by filing a notice of appeal within 14 days after entry of the judgment or order. If the person who is the subject of the case or proceeding claims to be indigent, the court shall refer the person to the state public defender for the determination of indigency and the appointment of legal counsel under ch. 977. 809.109(4)(4) No-merit reports. A s. 809.32 no-merit report, response, and supplemental no-merit report may be filed in an appeal from an order entered under s. 971.14. The appointed attorney shall file in the court of appeals and serve on the appellant the no-merit report and certification within 15 days after the filing of the record on appeal. The appointed attorney shall serve on the appellant a copy of the transcript and the record on appeal at the same time that the no-merit report is served on the appellant. The appellant may file in the court of appeals a response to the no-merit report within 10 days after service of the no-merit report. The attorney may file a supplemental no-merit report and affidavit within 10 days after receiving the response to the no-merit report. 809.109(5)(5) Subsequent proceedings in court of appeals; petition for review in supreme court. Subsequent proceedings in the appeal are governed by the procedures for civil appeals and the procedures under subch. VI, except as follows: 809.109(5)(a)(a) Appellant’s brief-in-chief. The appellant shall file a brief within 15 days after the filing of the record on appeal. 809.109(5)(b)(b) Respondent’s brief. The respondent shall file a brief within 15 days after the service of the appellant’s brief. 809.109(5)(c)(c) Appellant’s reply brief. The appellant shall file a reply brief, or a statement that a reply brief will not be filed, within 11 days after service of the respondent’s brief. 809.109(5)(d)(d) Decision. Cases appealed under this section shall be given preference and shall be taken in an order that ensures that a decision is issued within 30 days after the filing of the appellant’s reply brief or statement that a reply brief will not be filed. 809.109(5)(e)(e) Petition for review. A petition for review of an appeal in the supreme court, if any, shall be filed within 30 days after the date of the decision of the court of appeals. The supreme court shall give preference to a petition for review of an appeal filed under this paragraph. 809.109(6)(6) Confidential party designation. For appeals under this section, the notice of appeal and any other filed documents shall refer to the person subject to the s. 971.14 order that is being appealed by one or more initials or other appropriate pseudonym or designation. 809.109(7)(7) Stay pending postdisposition proceeding and appeal. 809.109(7)(a)(a) Automatic stay. The involuntary administration of medication ordered for purposes of restoring competency pursuant to s. 971.14 shall be automatically stayed for 14 days. 809.109(7)(b)(b) Notice of motion to continue stay. If a notice of intent to pursue postdisposition or appellate relief is filed under sub. (2) (b), the person may file in the court of appeals a notice of motion to continue the stay under par. (a) pending postdisposition proceedings and appeal. 809.109(7)(b)1.1. The stay is continued upon filing the notice in this paragraph, and continues until the motion is decided by the court. 809.109(7)(b)2.2. The moving party shall file a memorandum in support of the motion for stay within 11 days after service of the transcript in sub. (2) (f) 1. 809.109(7)(b)3.3. The respondent shall file a response within 11 days after service of the memorandum. 809.109(7)(b)4.4. The court shall decide the motion for stay of the medication order within 14 days after the response is filed. 809.109 HistoryHistory: Sup. Ct. Order No. 23-05, 2024 WI 20, filed 5-2-24, eff. 7-1-24; s. 35.17 correction in (2) (f) 2., (g), (j), (7) (b) 1. 809.109 NoteNOTE: Sup. Ct. Order No. 23-05 states that the Judicial Council Note to s. 809.109 “is not adopted, but will be published and may be consulted for guidance in interpreting and applying the rule.” 809.109 NoteJudicial Council Note, 2024: This section provides a uniform, organized, and expedited handling of appeals from orders under s. 971.14. Such appeals are unique in that the underlying case is criminal, but the nature of the appeal involves the defendant’s mental health and is deemed a special civil proceeding. Further, the competency orders are final for purposes of appeal, even though the criminal case has not been resolved. See State v. Scott, 2018 WI 74, ¶31, 382 Wis. 2d 476, 914 N.W.2d 141. 809.109 NoteThe unique nature of these appeals, including the short timeline within which the State must restore a defendant to competency per s. 971.14 (5) (a) 1., supports an expedited procedure for handling these appeals. Section 809.109 also codifies miscellaneous aspects of court decisions. To the extent that any provision of this section is inconsistent with preexisting case authority, this rule governs. For example, this section creates a limited automatic stay of involuntary medication orders in the prejudgment context, even though case law no longer requires an automatic stay. See State v. Green, 2022 WI 30, ¶36, 401 Wis. 2d 542, 973 N.W.2d 770. 809.109 AnnotationInvoluntary medication orders are subject to an automatic stay pending appeal [now under this section]. On a motion to lift an automatic stay, the state must: 1) make a strong showing that it is likely to succeed on the merits of the appeal; 2) show that the defendant will not suffer irreparable harm if the stay is lifted; 3) show that no substantial harm will come to other interested parties if the stay is lifted; and 4) show that lifting the stay will do no harm to the public interest. State v. Scott, 2018 WI 74, 382 Wis. 2d 476, 914 N.W.2d 141, 16-2017. 809.11809.11 Rule (Items to be filed and transmitted). 809.11(1)(1) Fee. The appellant shall pay the filing fee to the clerk of the court of appeals when the notice of appeal is filed. Payment may be made by check or through the court electronic payment system, unless arrangements are made with the clerk of court or otherwise ordered by the court. An appellant may file with the court of appeals a petition or motion for waiver of the filing fee under s. 814.29 (1) or (1m), using a form provided by the court for that purpose. 809.11(2)(2) Transmittal of notice of appeal. The clerk of the circuit court shall transmit to the court of appeals, within 3 days of the filing of the notice of appeal, the notice of appeal, the appellant’s docketing statement, the appellant’s motion filed under s. 809.41 (1) or (4), if any, and the circuit court record of the case maintained pursuant to s. 59.40 (2) (b) or (c). 809.11(3)(a)(a) The clerk of the court of appeals shall docket the appeal upon receipt of the items referred to in sub. (2), create a notice of docketing, and transmit the notice of docketing to the clerk of circuit court. 809.11(3)(b)(b) For electronic filing users in the circuit court case, receipt of the notice of docketing through the circuit court electronic filing system shall constitute service of the notice of docketing and notification that the court of appeals proceeding has been commenced. Where service on the attorney general is required by s. 809.802 (1), service shall be made as provided in s. 809.802 (2). The clerk shall serve the notice of docketing on the paper parties by traditional methods. 809.11(4)(4) Requesting transcripts and filing statement on transcript. 809.11(4)(a)(a) The appellant shall request a copy of the transcript of the court reporter’s verbatim record of the proceedings for each of the parties to the appeal and make arrangements to pay for the transcript and copies within 14 days after the filing of the notice of appeal. 809.11(4)(b)(b) The appellant shall file a statement on transcript with the clerk of the circuit court within 14 days after the filing of the notice of appeal in the circuit court. The statement on transcript shall either designate the portions of the transcript that have been requested by the appellant or contain a statement by the appellant that a transcript is not necessary for prosecution of the appeal. The clerk of circuit court shall transmit the statement on transcript to the court of appeals within 3 days after its filing. If a transcript that is not yet filed in the circuit court is necessary for prosecution of the appeal, the statement on transcript shall also contain a statement by the court reporter that the appellant has requested copies of the transcript or designated portions thereof for each of the other parties; that the appellant has made arrangements to pay for the original transcript and for all copies for other parties; the date on which the appellant requested the transcript and made arrangements to pay for it; and the date on which the transcript must be served on the parties. 809.11(4)(c)(c) For electronic filing users in the circuit court case, receipt of the statement on transcript through the circuit court electronic filing system shall constitute service. Where service on the attorney general is required by s. 809.802 (1), service shall be made as provided in s. 809.802 (2). The appellant shall serve the statement on transcript on paper parties by traditional methods. 809.11(5)(5) Additional portions of transcript. Within 14 days after filing of a statement on transcript as required under sub. (4), any other party may file in the court of appeals a designation of additional portions to be included in the transcript and serve a copy of the designation on the appellant. Within 14 days after the filing of such a designation, the appellant shall file in the circuit court the statement required by sub. (4) (b) covering the other party’s designation. If the appellant fails or refuses to request the designated portions, the other party, within 14 days of the appellant’s failure or refusal, may request the portions by filing a statement on transcript in the circuit court or move the circuit court for an order requiring the appellant to request the designated portions. 809.11(6)(6) Cross-appeals. Subsections (4) and (5) apply to cross- appellants. 809.11(7)(a)(a) Service of transcript copies. The reporter shall serve copies of the transcript on the parties to the appeal, file the transcript with the circuit court, and notify the clerk of the court of appeals and the parties to the appeal that the transcript has been filed and served within 60 days after the date on which the transcript was requested and arrangements were made for payment under sub. (4). If additional portions of the transcript are requested under sub. (5), the reporter shall serve copies of the additional portions of the transcript on the parties to the appeal, file the additional portions of the transcript with the circuit court, and notify the clerk of the court of appeals and the parties to the appeal that the additional portions of the transcript have been filed and served within 60 days after the date on which the additional portions were requested and arrangements were made for payment. If supplementation or correction of the record is ordered under s. 809.14 (3) (b), the reporter shall serve copies of the supplemental or corrected transcript on the parties to the appeal, file the supplemental or corrected transcript with the circuit court, and notify the clerk of the court of appeals and the parties to the appeal that the supplemental or corrected transcript has been filed and served within 20 days after the order for supplementation or correction is entered or within the time limit set by order of the court. Where service of a transcript on the attorney general is required by s. 809.802 (1), access to an electronic copy of the transcript through the appellate electronic filing system shall constitute service of the transcript. 809.11(7)(b)(b) Return of statement regarding transcript arrangements. The reporter shall sign and send to the appellant, within 5 days after receipt, the statement regarding transcript arrangements and filing required under sub. (4) (b). 809.11(7)(c)(c) Extensions. A reporter may obtain an extension for filing the transcript only by motion, showing good cause, that is filed in the court of appeals and served on all parties to the appeal, the clerk of the circuit court and the district court administrator. 809.11(7)(d)(d) Sanctions. If a reporter fails to timely file a transcript, the court of appeals may declare the reporter ineligible to act as an official court reporter in any court proceeding and may prohibit the reporter from performing any private reporting work until the overdue transcript is filed. 809.11 HistoryHistory: Sup. Ct. Order, 83 Wis. 2d xiii (1978); Sup. Ct. Order, 92 Wis. 2d xiii (1979); Sup. Ct. Order, 104 Wis. 2d xi (1981); Sup. Ct. Order, 146 Wis. 2d xiii (1988); 1995 a. 201, 224; 1997 a. 35; Sup. Ct. Order No. 00-02, 2001 WI 39, 242 Wis. 2d xxvii; Sup. Ct. Order No. 02-01, 2002 WI 120, 255 Wis. 2d xiii; Sup. Ct. Order No. 15-02, 2015 WI 102, 365 Wis. 2d xix; Sup. Ct. Order No. 19-01, 2019 WI 44, 386 Wis. 2d xvii; Sup. Ct. Order No. 20-07, 2021 WI 37, 397 Wis. 2d xiii. 809.11 NoteJudicial Council Committee’s Note, 1978: This section requires the forwarding of the notice of appeal, filing fee and trial court docket entries immediately, the record to be forwarded when the transcript is completed. This will permit early notice to the court of the pendency of the appeal and will permit it to monitor the appeal during the period when the record and transcript are being prepared.
