Supreme Court of Wisconsin












No. 01-08



In the matter of the creation of

Wis. Stat. 809.62 (8) regarding

petitions for review.




DEC 20, 2001


Cornelia G. Clark

Clerk of Supreme Court

Madison, WI






On November 28, 2001, the court held a public hearing on the petition filed on April 3, 2001, by the Honorable Charles P. Dykman seeking to create Wis. Stat. 809.62 (8) to allow a court of appeals judge to file a response requesting the supreme court to grant a petition for review.

The court has considered the petition, amendment, written responses, and matters presented at the public hearing. The court has determined that the requested rule amendment should not be adopted. The court notes other vehicles allow court of appeals judges to support supreme court consideration or review of a court of appeals opinion including the filing of a certification under Wis. Stat. 809.61, or writing of a majority, concurring, or dissenting opinion. The court expressed concern that the proposed procedure might give the appearance of advocacy on behalf of a party.



IT IS ORDERED that the petition is denied.

Dated at Madison, Wisconsin, this 20th day of December, 2001.






Cornelia G. Clark

Clerk of Supreme Court