MONTHLY STATISTICAL REPORT
JANUARY 2009
This statistical report presents information about the case filings and dispositions of the Wisconsin Supreme Court during the month of January 2009 and to date for the term that began on September 1, 2008.
Opinions Issued
by the Court
The Supreme Court issued nine opinions in January. Information about these opinions, including the Court’s dispositions and the names of the authoring justices, can be found on the attached table.
January
2009 Term to Date
Total number of cases resolved by opinion .............................. 9 18
Attorney disciplinary cases................................................. 2 7
Judicial disciplinary cases................................................... 0 0
Civil cases......................................................................... 5 8
Criminal cases .................................................................. 2 3
Petitions for Review
A total of 73 petitions for review were filed during the month. A petition for review asks the Supreme Court to review the decision of the Court of Appeals. The Supreme Court’s jurisdiction is discretionary, meaning that review is granted in selected cases only. In January, the Supreme Court disposed of 45 petitions for review, of which 1 petition was granted. The Supreme Court currently has 190 petitions for review pending.
January
2009 Term to Date
Petitions for Review filed.......................................................... 73 307
Civil cases......................................................................... 37 152
Criminal cases................................................................... 36 155
Petition for Review dispositions................................................ 45 310
Civil cases (petitions granted)............................................. 23 (0) 168 (18)
Criminal cases (petitions granted)....................................... 22 (1) 142 (8)
Petitions for
Bypass
The Supreme Court received one petition for bypass and disposed of 0 petitions for bypass in January. In a petition for bypass, a party requests that the Supreme Court take jurisdiction of an appeal or other proceeding pending in the Court of Appeals. A matter appropriate for bypass is usually one which meets one or more of the criteria for review by the Supreme Court and one the Supreme Court concludes it will ultimately choose to consider regardless of how the Court of Appeals might decide the issues. A petition for bypass may also be granted where there is a clear need to hasten the ultimate appellate decision. The Supreme Court currently has 1 petition for bypass pending.
January
2009 Term to Date
Petitions for Bypass filed.......................................................... 1 3
Civil cases......................................................................... 1 3
Criminal cases................................................................... 0 0
Petition for Bypass dispositions................................................ 0 6
Civil cases (petitions granted)............................................. 0 (0) 4 (0)
Criminal cases (petitions granted)....................................... 0 (0) 2 (0)
Requests for
Certification
During January 2009, the Supreme Court received 1 request for certification and disposed of 2 requests for certification, of which 1 request was granted. In a request for certification, the Court of Appeals asks the Supreme Court to exercise its appellate jurisdiction before the Court of Appeals hears the matter. A request for certification is decided on the basis of the same criteria as a petition to bypass. The Supreme Court currently has 1 request for certification pending.
January
2009 Term to Date
Requests for Certification filed.................................................. 1 4
Civil cases......................................................................... 0 3
Criminal cases................................................................... 1 1
Request for Certification dispositions........................................ 2 5
Civil cases (requests granted)............................................. 2 (1) 4 (3)
Criminal cases (requests granted)....................................... 0 (0) 1 (1)
Regulatory
Matters, Supervisory Writs, and Original Actions
During the month, a total of 5 matters within the regulatory jurisdiction of the Court (bar admission, lawyer discipline, and judicial discipline) were filed. The Supreme Court also received 4 petitions for supervisory writ, which ask the Supreme Court to order the Court of Appeals or a circuit court to take a certain action in a case. One original action was filed. An original action is a petition asking the Supreme Court to take jurisdiction over a particular matter. When an opinion is issued in these cases, the disposition is included in “Opinions Issued by the Court” above; otherwise, the case is disposed of by order and is included in the totals below. The Supreme Court currently has 40 regulatory matters and 11 petitions for supervisory writ pending.
January
2009 Term to Date
Filings
Attorney discipline................................................................... 4 16
Judicial discipline..................................................................... 0 1
Bar admission.......................................................................... 1 1
Petitions for Supervisory Writ.................................................. 4 23
Other (including Original Actions)............................................. 1 5
Dispositions
by Order
Attorney discipline................................................................... 1 9
Judicial discipline..................................................................... 0 0
Bar admission.......................................................................... 0 0
Petitions for Supervisory Writ.................................................. 1 19
Other (including Original Actions)............................................. 0 6
DECISIONS BY THE
OPINIONS ISSUED DURING JANUARY 2009
ATTORNEY DISCIPLINE CASES
Docket No. Title Date
|
2008AP000544-D |
Office of Lawyer Regulation (OLR) v. Terrence J. Woods 1 Year Suspension Per Curiam[1] |
01/21/2009 |
|
2008AP000971-D |
OLR v. Thomas O. Mulligan Public Reprimand Per Curiam Gableman, J. did not participate. |
01/29/2009 |
CIVIL AND CRIMINAL CASES
Docket No. Title Date
|
2007AP000105-CR |
State v. Jeffrey A. Warbelton Court of Appeals decision affirmed. Majority Opinion: Bradley, J. |
01/21/2009 |
|
2006AP002695 |
Court of Appeals decision affirmed. Majority Opinion: Roggensack, J. Concurrence: Abrahamson, C.J., joined by Bradley, J. |
01/23/2009 |
|
2007AP000045 |
Nelly De La Trinidad v. Capitol Indemnity Corporation Court of Appeals decision affirmed. Majority Opinion: Crooks, J. |
01/23/2009 |
|
2006AP001886 |
Brittany L. Noffke v. Kevin Bakke Court of Appeals decision affirmed in part and reversed in part. Majority Opinion: Ziegler, J. Concurrence: Abrahamson, C.J., joined by Bradley, J. |
01/27/2009 |
|
2006AP002662 |
Jonathan Lisowski v. Hastings Mutual Insurance Company Court of Appeals decision affirmed. Majority Opinion: Crooks, J. Dissent: Bradley, J., joined by Abrahamson, C.J. |
01/28/2009 |
|
2007AP001834-CR |
State v. Todd Lee Kramer Court of Appeals decision affirmed. Majority Opinion: Roggensack, J. |
01/29/2009 |
|
2008AP000333-CQ |
Plastics Engineering Co. v. Liberty Mutual Ins. Co. Certified questions answered and cause remanded. Majority Opinion: Ziegler, J. Concurrence: Abrahamson, C.J. Concurrence/Dissent: Gableman, J. |
01/29/2009 |
[1] “Per Curiam” means “by the Court.” Opinions issued per curiam are handed down by the Court as a whole.