VII,3(3)(3) The supreme court may review judgments and orders of the court of appeals, may remove cases from the court of appeals and may accept cases on certification by the court of appeals. [1975 J.R. 13, 1977 J.R. 7, vote April 1977]

Discussing the authority of the supreme court to review and modify criminal sentences. Riley v. State, 47 Wis. 2d 801, 177 N.W.2d 838 (1970).

The supreme court’s authority to issue a writ of error is not dependent upon a specific legislative enactment, but the constitution and statutes relating to its appellate jurisdiction give it the authority to issue such writs as are necessary to exercise its appellate jurisdiction. Shavie v. State, 49 Wis. 2d 379, 182 N.W.2d 505 (1971).

A writ of error coram nobis cannot be used for the purpose of producing newly discovered evidence affecting only the credibility of a confession. Mikulovsky v. State, 54 Wis. 2d 699, 196 N.W.2d 748 (1972).

The supreme court exercises an inherent supervisory power over the practice of the law and this can be more effectively exercised with an independent review. Contrary language, if any, in prior cases is withdrawn. Herro, McAndrews & Porter, S.C. v. Gerhardt, 62 Wis. 2d 179, 214 N.W.2d 401 (1974).

The supreme court declines to adopt the equitable doctrine of “substituted judgment” under which a court substitutes its judgment for that of a person incompetent to arrive at a decision for himself or herself. Lausier v. Pescinski, 67 Wis. 2d 4, 226 N.W.2d 180 (1975).

Courts are endowed with all judicial powers essential to carry out the judicial functions delegated to the courts. These powers are known as incidental, implied, or inherent powers, all of which terms are used to describe those powers that must necessarily be used by the various departments of government in order that they may efficiently perform the functions imposed upon them by the people. In re Kading, 70 Wis. 2d 508, 235 N.W.2d 409 (1975).

Adoption by the supreme court of a rule requiring annual financial disclosure by judges of assets and liabilities was valid and enforceable under the court’s inherent power to function as the supreme court and under the court’s general superintending control over all inferior courts. In re Kading, 70 Wis. 2d 508, 235 N.W.2d 409 (1975).

A declaration of rights is an appropriate vehicle for the exercise of superintending control over inferior courts. State ex rel. Memmel v. Mundy, 75 Wis. 2d 276, 249 N.W.2d 573 (1977).

The supreme court has power to formulate and carry into effect a court system budget. State ex rel. Moran v. DOA, 103 Wis. 2d 311, 307 N.W.2d 658 (1981).

The court will invalidate legislation only for constitutional violations. State ex rel. La Follette v. Stitt, 114 Wis. 2d 358, 338 N.W.2d 684 (1983).

A statute that required the withholding of a judge’s salary for failure to decide cases within a specified time was an unconstitutional intrusion by the legislature into an area of exclusive judicial authority. In re Matter of Complaint Against Grady, 118 Wis. 2d 762, 348 N.W.2d 559 (1984).

A court’s inherent power to appoint counsel is not derived from an individual litigant’s constitutional right to counsel, but rather is inherent to serve the interests of the court. A court may use its inherent discretionary authority to appoint counsel in furtherance of the court’s need for the orderly and fair presentation of a case. Joni B. v. State, 202 Wis. 2d 1, 549 N.W.2d 411 (1996), 95-2757.

When confronted with a direct conflict between a decision of the state supreme court and a later decision of the U.S. Supreme Court on a matter of federal law, the court of appeals may certify the case to the state supreme court under s. 809.61. If it does not, or certification is not accepted, the supremacy clause of the U.S. Constitution compels adherence to U.S. Supreme Court precedent on matters of federal law, although it means deviating from a conflicting decision of the state supreme court. State v. Jennings, 2002 WI 44, 252 Wis. 2d 228, 647 N.W.2d 142, 00-1680.

Determining whether to recuse is the sole responsibility of the individual justice for whom disqualification from participation is sought. A majority of the court does not have the power to disqualify a judicial peer from performing the constitutional functions of a supreme court justice on a case-by-case basis. Aside from actions brought under the Judicial Code, the only constitutional authority to remove a justice rests with the legislature, by impeachment or address, or the voters by recall. State v. Henley, 2011 WI 67, 338 Wis. 2d 610, 802 N.W.2d 175, 08-0697.

On the facts of this case, the court exercised its superintending authority to determine that the superintendent of public instruction and the Department of Public Instruction were entitled to counsel of their choice and were not required to be represented by the Department of Justice. Koschkee v. Evers, 2018 WI 82, 382 Wis. 2d 666, 913 N.W.2d 878, 17-2278.

The term “supervisory writ” is both: 1) the general term used in petitioning the court of appeals to exercise its constitutional supervisory authority and in petitioning the supreme court to exercise its constitutional superintending authority; and 2) a new writ the supreme court devised independent of the traditional common law writs. State ex rel. CityDeck Landing LLC v. Circuit Court, 2019 WI 15, 385 Wis. 2d 516, 922 N.W.2d 832, 18-0291.

The court will not exercise its superintending power to require that courts employ a specific procedure to establish a sufficient factual basis when accepting an Alford, 400 U.S. 25 (1970), plea when there is another adequate remedy, by appeal or otherwise, for the conduct of the trial court. State v. Nash, 2020 WI 85, 394 Wis. 2d 238, 951 N.W.2d 404, 18-0731.

The Supreme Court of Virginia was not immune from suit under 42 USC 1983. Supreme Court v. Consumers Union of the United States, Inc., 446 U.S. 719, 100 S. Ct. 1967, 64 L. Ed. 2d 641 (1980).

VII,4Supreme court: election, chief justice, court system administration. Section 4. [As amended Nov. 1877, April 1889, April 1903, April 1977, and April 2015]

VII,4(1)(1) The supreme court shall have 7 members who shall be known as justices of the supreme court. Justices shall be elected for 10-year terms of office commencing with the August 1 next succeeding the election. Only one justice may be elected in any year. Any 4 justices shall constitute a quorum for the conduct of the court’s business.

VII,4(2)(2) The chief justice of the supreme court shall be elected for a term of 2 years by a majority of the justices then serving on the court. The justice so designated as chief justice may, irrevocably, decline to serve as chief justice or resign as chief justice but continue to serve as a justice of the supreme court.

VII,4(3)(3) The chief justice of the supreme court shall be the administrative head of the judicial system and shall exercise this administrative authority pursuant to procedures adopted by the supreme court. The chief justice may assign any judge of a court of record to aid in the proper disposition of judicial business in any court of record except the supreme court. [1876 J.R. 10, 1877 J.R. 1, 1877 c. 48, vote Nov. 1877; 1887 J.R. 5, 1889 J.R. 3, 1889 c. 22, vote April 1889; 1901 J.R. 8, 1903 J.R. 7, 1903 c. 10, vote April 1903; 1975 J.R. 13, 1977 J.R. 7, vote April 1977; 2013 J.R. 16, 2015 J.R. 2, vote April 2015]

VII,5(1)(1) The legislature shall by law combine the judicial circuits of the state into one or more districts for the court of appeals and shall designate in each district the locations where the appeals court shall sit for the convenience of litigants.