Supreme Court of Wisconsin












No. 03-02



In the matter of amendment of Wis. Stats.  48.293, 48.295, and 804.01, relating to discovery in CHIPS cases




JUN 11, 2004


Cornelia G. Clark

Clerk of Supreme Court

Madison, WI






On February 12, 2003, the Judicial Council filed a petition seeking to amend Wis. Stats.  48.293, 48.295, and 804.01 to address concerns regarding discovery in CHIPS cases and to clarify when and by whom reports described in  48.293(1) and (2) are to be provided, and how applicable protective orders may be obtained. A public hearing was conducted on October 1, 2003. On March 5, 2004, the court returned the petition to the Judicial Council for further consideration.

On June 7, 2004, the Judicial Council filed a motion to withdraw the petition. The Judicial Council has opted to ask coordinators of continuing legal education and judicial education to instruct attorneys and judges that the best interests of children in Chapter 48 cases may be considered in an application for a protective order under Wis. Stat. (Rule)  804.01, as an alternative to pursuing this petition. Therefore,

IT IS ORDERED that the motion to withdraw the petition is granted.

Dated at Madison, Wisconsin, this 11th day of June, 2004.






Cornelia G. Clark

Clerk of Supreme Court