809.105(3)(b)
(b)
Forwarding to court of appeals. The clerk of the trial court shall forward to the court of appeals within 3 calendar days after the filing of the notice of appeal a copy of the notice of appeal and a copy of the trial court case record maintained as provided in
s. 59.40 (2) (b), using the name "Jane Doe" instead of the minor's name, and the record on appeal, assembled as provided in
sub. (4).
809.105(3)(c)
(c)
Filing in court of appeals. The clerk of the court of appeals shall file the appeal immediately upon receipt of the items specified in
par. (b).
809.105(3)(d)
(d)
Statement on transcript. A minor or member of the clergy may not be required to file a statement on transcript in an appeal under this section.
809.105(4)
(4) Record on appeal. The record in an appeal under this section consists of the following:
809.105(4)(c)
(c) The findings of fact, conclusions of law and final order of the trial court.
809.105(4)(d)
(d) Any other order made that is relevant to the appeal and the papers upon which that other order is based.
809.105(4)(e)
(e) Exhibits material to the appeal, whether or not received in evidence.
809.105(4)(f)
(f) Any other paper or exhibit filed in the trial court that the minor requests to have included in the record.
809.105(4)(j)
(j) If the trial court appointed a guardian ad litem under
s. 48.235 (1) (d), a letter written to the court of appeals by the guardian ad litem indicating his or her position on whether or not the minor is mature and well-informed enough to make the abortion decision on her own and whether or not the performance or inducement of an abortion is in the minor's best interests.
809.105(5)
(5) Transcript of reporter's notes. At the time that a minor or member of the clergy files a notice of appeal, the minor or member of the clergy shall make arrangements with the reporter for the preparation of a transcript of the reporter's notes of the proceedings under
s. 48.375 (7). The reporter shall file the transcript with the trial court within 2 calendar days after the notice of appeal is filed. The county of the court that held the proceeding under
s. 48.375 (7) shall pay the expense of transcript preparation under this subsection.
809.105(6)
(6) Voluntary dismissal. A minor may dismiss an appeal under this section by filing a notice of dismissal in the court of appeals.
809.105(7)
(7) Briefs. Briefs are not required to be filed in appeals under this section.
809.105(8)
(8) Assignment and advancement of cases. The court of appeals shall take cases appealed under this section in an order that ensures that a judgment is made within 4 calendar days after the appeal has been filed in the court of appeals. The time limit under this subsection may be extended with the consent of the minor and her counsel, if any, or the member of the clergy who initiated the appeal under this section, if any.
809.105(8m)
(8m) Oral argument. If the court of appeals determines that a case appealed under this section is to be submitted with oral argument, the oral argument shall be held in chambers or, on motion of the minor through her counsel or through the member of the clergy who filed the appeal under this section, if any, or on the court of appeals' own motion, by telephone, unless the minor through her counsel or the member of the clergy demands that the oral argument be held in open court.
809.105(9)
(9) Costs. The court of appeals may not assess costs against a minor or member of the clergy in an appeal under this section.
809.105(10)(a)(a) A judgment by the court of appeals under this section is effective immediately, without transmittal to the trial court, as an order either granting or denying the petition. If the court of appeals reverses a trial court order denying a petition under
s. 48.375 (7), the court of appeals shall immediately so notify the minor by personal service on her counsel or the member of the clergy who initiated the appeal under this section, if any, of a certified copy of the order of the court of appeals granting the minor's petition. If the court of appeals affirms the trial court order, it shall immediately so notify the minor by personal service on her counsel or the member of the clergy who initiated the appeal under this section, if any, of a copy of the order of the court of appeals denying the petition and shall also notify the minor by her counsel or the member of the clergy who initiated the appeal under this section on behalf of the minor, if any, that she may, under
sub. (11), file a petition for review with the supreme court under
s. 809.62. The court of appeals shall pay the expenses of service of notice under this subsection. The clerk of the court of appeals shall transmit to the trial court the judgment and opinion of the court of appeals and the record in the case filed under
sub. (4), within 31 days after the date that the judgment and opinion of the court of appeals are filed. If a petition for review is filed under
sub. (11), the transmittal shall be made within 31 days after the date that the supreme court rules on the petition for review.
809.105(10)(b)
(b) Counsel for the minor, if any, or the member of the clergy who initiated the appeal under this section, if any, shall immediately, upon notification under
par. (a) that the court of appeals has granted or denied the petition, notify the minor. If the court of appeals has granted the petition, counsel for the minor, if any, or the member of the clergy who initiated the appeal under this section, if any, shall hand deliver a certified copy of the order of the court of appeals to the person who intends to perform or induce the abortion. If with reasonable diligence the person who intends to perform or induce the abortion cannot be located for delivery, then counsel for the minor, if any, or the member of the clergy who initiated the appeal under this section, if any, shall leave a certified copy of the order with the person's agent at the person's principal place of business. If a clinic or medical facility is specified in the petition as the corporation, partnership or other unincorporated association that employs the person who intends to perform or induce the abortion, then counsel for the minor, if any, or the member of the clergy who initiated the appeal under this section, if any, shall hand deliver a certified copy of the order to an agent of the corporation, partnership or other unincorporated association at its principal place of business. There may be no service by mail or publication. The person or agent who receives the certified copy of the order under this paragraph shall place the copy in the minor's medical record.
809.105(11)(a)(a) Only a minor or the member of the clergy who initiated the appeal under this section, if any, may initiate a review of an appeal under this section. The petition for review of an appeal in the supreme court shall contain:
809.105(11)(a)1.
1. A statement of the issues presented for review and how the issues were decided by the trial court and court of appeals.
809.105(11)(a)2.
2. A brief statement explaining the reason for appeal to the supreme court.
809.105(11)(a)3.
3. The judgment and opinion of the court of appeals, and the findings of fact, conclusions of law and final order of the trial court that were furnished to the court of appeals. The court of appeals shall provide a copy of these papers to the minor, if any, the member of the clergy who initiated the appeal under this section, if any, her counsel or her guardian ad litem, if any, immediately upon request.
809.105(11)(a)4.
4. A copy of any other document submitted to the court of appeals under
sub. (4).
809.105(11)(b)
(b) The supreme court shall decide whether or not to grant the petition for review and shall decide the issue on review within the time specified in
par. (c).
809.105(11)(c)
(c) The supreme court shall, by court rule, provide for expedited appellate review of cases appealed under this subsection because time may be of the essence regarding the performance of the abortion.
809.105(11)(cm)
(cm) If the supreme court determines that a case reviewed under this subsection is to be submitted with oral argument, the oral argument shall be held in chambers or, on motion of the minor through her counsel or through the member of the clergy who initiated the appeal under this section, if any, or on the supreme court's own motion, by telephone, unless the minor through her counsel or the member of the clergy demands that the oral argument be held in open court.
809.105(11)(d)
(d) A judgment or decision by the supreme court under this section is effective immediately, without transmittal to the trial court, as an order either granting or denying the petition. If the supreme court reverses a court of appeals order affirming a trial court order denying a petition under
s. 48.375 (7), the supreme court shall immediately so notify the minor by personal service on her counsel, if any, or on the member of the clergy who initiated the appeal under this section, if any, of a certified copy of the order of the supreme court granting the minor's petition. If the supreme court affirms the order of the court of appeals, it shall immediately so notify the minor by her counsel or by the member of the clergy who initiated the appeal under this section, if any. The clerk of the supreme court shall transmit to the trial court the judgment, or decision, and opinion of the supreme court and the complete record in the case within 31 days after the date that the judgment, or decision, and opinion of the supreme court are filed. The supreme court shall pay the expense of service of notice under this subsection.
809.105(11)(e)
(e) Counsel for the minor, if any, or the member of the clergy who initiated the appeal under this section, if any, shall immediately, upon notification under
par. (d) that the supreme court has granted or denied the petition, notify the minor. If the supreme court has granted the petition, counsel for the minor, if any, or the member of the clergy who initiated the appeal under this section, if any, shall hand deliver a certified copy of the order of the supreme court to the person who intends to perform or induce the abortion. If with reasonable diligence the person who intends to perform or induce the abortion cannot be located for delivery, then counsel for the minor, if any, or the member of the clergy who initiated the appeal under this section, if any, shall leave a certified copy of the order with the person's agent at the person's principal place of business. If a clinic or medical facility is specified in the petition as the corporation, partnership or other unincorporated association that employs the person who intends to perform or induce the abortion, then counsel for the minor, if any, or the member of the clergy who initiated the appeal under this section, if any, shall hand deliver a certified copy of the order to an agent of the corporation, partnership or other unincorporated association at its principal place of business. There may be no service by mail or publication. The person or agent who receives the certified copy of the order under this paragraph shall place the order in the minor's medical record.
809.105(12)
(12) Confidentiality and anonymity. All proceedings in the court of appeals and the supreme court that are brought under this section shall be conducted in a confidential manner, and the minor may use the name "Jane Doe" instead of her name on all papers filed with either court. The identity of the minor involved and all records and other papers pertaining to an appeal shall be kept confidential, except as provided in
s. 48.375 (7) (e).
809.105(13)
(13) Certain persons barred from proceedings. No parent, or guardian or legal custodian, if one has been appointed, or foster parent or treatment foster parent, if the minor has been placed in a foster home or treatment foster home, and the minor's parent has signed a waiver granting the department of health and family services, a county department under
s. 46.215,
46.22 or
46.23, the foster parent or the treatment foster parent the authority to consent to medical services or treatment on behalf of the minor, or adult family member, as defined in
s. 48.375 (2) (b), of any minor who has initiated an appeal under this section may attend or intervene in any proceeding under this section.
809.107
809.107
Appeals in proceedings related to termination of parental rights. 809.107(1)(1)
Applicability. This section applies to the appeal of an order or judgment under
s. 48.43 and supersedes all inconsistent provisions of this chapter.
809.107(2)
(2) Initiating the appeal. A person shall initiate an appeal under this section by filing, within the time specified in
s. 808.04 (7m), a notice of intent to appeal with the clerk of the trial court in which the judgment or order appealed from was entered. Also within that time period, the person shall serve a copy of the notice on the person representing the interests of the public, opposing counsel, the guardian ad litem appointed under
s. 48.235 (1) (c) for the child who is the subject of the proceeding, the child's parent and any guardian and any custodian appointed under
s. 48.427 (3) or
48.428 (2). The notice shall include the following:
809.107(2)(b)
(b) An identification of the judgment or order from which the person filing the notice intends to appeal and the date on which it was granted or entered.
809.107(2)(c)
(c) The name and address of the person filing the notice of intent to appeal and the person's trial counsel.
809.107(2)(d)
(d) For a person other than the state, whether the trial counsel for the person filing the notice of intent to appeal was appointed by the state public defender and, if so, whether the person's financial circumstances have materially improved since the date on which the person's indigency was determined.
809.107(2)(e)
(e) For a person other than the state, whether the person filing the notice of intent to appeal will represent himself or herself or will be represented by retained counsel or requests the state public defender to appoint counsel for the appeal. If the person has retained counsel, the counsel's name and address shall be included.
809.107(3)
(3) Duties of clerk of trial court. Within 5 days after a notice under
sub. (2) is filed, the clerk shall:
809.107(3)(a)
(a) If the person filing the notice of intent to appeal under
sub. (2) requests representation by the state public defender for purposes of the appeal, send to the state public defender's appellate intake office a copy of the notice, a copy of the judgment or order specified in the notice and a list of the court reporters for each proceeding in the action in which the judgment or order was entered.
809.107(3)(b)
(b) If the person filing the notice of intent to appeal does not request representation by the state public defender for purposes of the appeal, 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 judgment or order specified in the notice and a list of the court reporters for each proceeding in the action in which the judgment or order was entered.
809.107(4)
(4) Transcript and circuit court case record. A person filing a notice of intent to appeal under
sub. (2) shall request a transcript of the reporter's notes and a copy of the circuit court case record within 15 days after filing the notice. The court reporter shall file the transcript with the circuit court and serve a copy of the transcript on the person filing the notice of intent to appeal within 30 days after the transcript is requested. The clerk of circuit court shall serve a copy of the circuit court case record on the person filing the notice of intent to appeal within 30 days after the court record is requested.
809.107(5)
(5) Notice of appeal; transmittal of record. 809.107(5)(a)(a) Filing; copy. Within 30 days after service of the transcript, the person filing a notice of intent to appeal under
sub. (2) shall file a notice of appeal as provided in
s. 809.10 (1) and serve a copy of the notice on the persons required to be served under
sub. (2).
809.107(5)(b)
(b) Transmittal of record. The clerk of circuit court shall transmit the record to the court of appeals as soon as the record is prepared, but in no event more than 15 days after the filing of the notice of appeal.
809.107(5)(c)
(c) Requesting transcripts. The appellant shall request a copy of the transcript of the reporter's notes 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.
809.107(5)(d)
(d) Statement on transcript. The appellant shall file a statement on transcript with the clerk of the court of appeals, shall file a copy of the statement on transcript with the clerk of circuit court, and shall serve a copy of the statement on transcript on the other parties to the appeal within 5 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. 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.
809.107(5)(e)
(e) Service of transcript. 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. (c).
809.107(5m)
(5m) 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 or judgment terminating parental rights. The appointed attorney shall file in the court of appeals and serve on the client-parent the no-merit report and certification within 15 days after the filing of the record on appeal. The appointed attorney shall serve on the client-parent a copy of the transcript and the record on appeal at the same time that the no-merit report is served on the client-parent. The client-parent may file in the court of appeals a response to the no-merit report within 10 days after service of the no-merit report. Within 5 days after the response to the no-merit report has been filed in the clerk's office, the clerk shall send a copy of the response to the appointed attorney. The attorney may file a supplemental no-merit report and affidavit within 10 days after receiving the response to the no-merit report.
809.107(6)
(6) 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:
809.107(6)(a)
(a) Appellant's brief-in-chief. The appellant shall file a brief within 15 days after the filing of the record on appeal.
809.107(6)(am)
(am) Motion for remand. If the appellant intends to appeal on any ground that may require postjudgment fact-finding, the appellant shall file a motion in the court of appeals, within 15 days after the filing of the record on appeal, raising the issue and requesting that the court of appeals retain jurisdiction over the appeal and remand to the circuit court to hear and decide the issue. If the court of appeals grants the motion for remand, it shall set time limits for the circuit court to hear and decide the issue, for the appellant to request transcripts of the hearing, and for the court reporter to file and serve the transcript of the hearing. The court of appeals shall extend the time limit under
par. (a) for the appellant to file a brief presenting all grounds for relief in the pending appeal.
809.107(6)(b)
(b) Respondent's brief. The respondent shall file a brief within 10 days after the service of the appellant's brief.
809.107(6)(c)
(c) Appellant's reply brief. The appellant shall file within 10 days after the service of the respondent's brief a reply brief or statement that a reply brief will not be filed.
809.107(6)(d)
(d) Guardian ad litem's brief. If the guardian ad litem appointed under
s. 48.235 (1) (c) for the child who is the subject of the proceeding takes the position of the appellant, the guardian ad litem's brief shall be filed within 15 days after the filing of the record on appeal with the court of appeals. If the guardian ad litem takes the position of a respondent, the guardian ad litem's brief shall be filed within 10 days after service of the appellant's brief.
809.107(6)(e)
(e) 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.
809.107(6)(f)
(f) 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.
809.107 History
History: 1993 a. 395;
1995 a. 275; Sup. Ct. Order No.
00-02, 2001 WI 39, 242 Wis. 2d xxvii.
809.107 Note
NOTE: 1993 Wis. Act 395, which creates this section, contains extensive explanatory notes.
809.107 Note
Judicial Council Note, 2001: Titles and subtitles were added. Subsection (4) is amended to require that the person who files a notice of intent to appeal must request a copy of the circuit court case record within 15 days after filing the notice of intent to appeal. Subsection (4) also requires the clerk of the circuit court to serve a copy of the circuit court case record upon the person requesting it within 30 days after the date of the request.
809.107 Annotation
Former sub. (5) is recreated as subs. (5) (a) and (b).
809.107 Annotation
Subsection (5) (c) requires the appellant to request a copy of the transcript for the other parties to the appeal, and to make arrangements to pay for those copies, within 5 days after filing the notice of appeal.
809.107 Annotation
Subsection (5) (d) requires the appellant to file a statement on transcript within 5 days after filing the notice of appeal.
809.107 Annotation
Subsection (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 Annotation
Subsection (5m) codifies Brown County v. Edward C.T.,
218 Wis. 2d 160,
579 N.W.2d 293 (Ct. App. 1998), which extends the no-merit procedure to TPR cases.
809.107 Annotation
Subsection (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 Annotation
Time limits imposed by the legislature in sub. (6) did not constitute unconstitutional infringements on the judiciary, as they are subject to court modification. Time limits imposed by sub. (5) did not violate constitutional guarantees of due process or effective assistance of counsel. Interest of Christopher D.
191 Wis. 2d 681,
530 N.W.2d 34 (Ct. App. 1995).
809.107 Annotation
The 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).
809.107 Annotation
While 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).
809.107 Annotation
Despite 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).
809.11
809.11
Rule (Items to be filed and forwarded). 809.11(1)
(1)
Fee. The appellant shall pay the filing fee with the notice of appeal.
809.11(2)
(2) Forwarding to court of appeals. The clerk of the trial court shall forward to the court of appeals, within 3 days of the filing of the notice of appeal, a copy of the notice of appeal, the filing fee, and a copy of the trial court record of the case maintained pursuant to
s. 59.40 (2) (b) or
(c).
809.11(3)
(3) Filing in court of appeals. The clerk of the court of appeals shall file the appeal upon receipt of the items referred to in
sub. (2).
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 reporter's notes 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 court of appeals, shall file a copy of the statement on transcript with the clerk of the circuit court, and shall serve a copy of the statement on transcript on the other parties to the appeal 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. 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(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 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 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 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.
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).
