Role of the Wisconsin Court of Appeals

In most state jurisdictions in the U.S., the court system is divided into three levels – the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and the state Supreme Court. A supreme court, which primarily reviews the decisions of the intermediate courts, is therefore also a sort of appellate court; an appellate court is any court empowered to hear an appeal of a trial court or other lower tribunal. 

Many U.S. jurisdictions title their appellate court a "Court of Appeal" or "Appeals Court." Historically, others have titled their appellate court a "Court of Errors" (or Court of Errors and Appeals) on the premise that its role was to correct errors made by lower courts.

The Wisconsin Court of Appeals or the Wisconsin Appeals Court is the state's intermediate appellate court. The court is comprised of 16 judges for four districts headquartered in Milwaukee, Waukesha, Wausau, and Madison. The Wisconsin Supreme Court appoints the chief judge of the Court of Appeals. The chief judge handles administrative matters for the entire Court of Appeals while continuing to participate fully in deciding cases. The chief judge’s term lasts three years.

Each of the four districts of the Court of Appeals is managed by a presiding judge, who is appointed by the chief judge of the Court of Appeals. The presiding judges take on these additional duties for two-year terms. Judges of the Wisconsin Court of Appeals are elected to six-year terms in district-wide, non-partisan elections. Vacancies are filled by gubernatorial appointment, but all appointees are required to stand for election to a full six-year term the year following appointment.

Trial courts have original jurisdiction, which means that all evidence is presented and all testimony is heard in these courts. Appellate courts hear appeals in cases which have been previously tried in the trial courts. No new evidence is presented and no witnesses are heard on the appeal of a case.

How Does the Appeal Court Work?

The appellate court makes its decision on the appeal based on a review of the record and the arguments of the attorneys for both sides. The decision is based solely upon the evidence contained in the record and the law which pertains to the facts of the case.

The Wisconsin Court of Appeals is the intermediate appellate court in the State of Wisconsin, above the Wisconsin Circuit Courts but below the Wisconsin Supreme Court. The Court of Appeals was created in 1977 to assist the Wisconsin court system to handle its rising number of appellate cases.

The primary function of the Court of Appeals is to correct errors that occurred at the circuit court level. The published opinions of the Court of Appeals are considered binding precedent until overruled by the Supreme Court. The Court generally sits in three-judge panels to decide the merits of an appeal, but some categories of cases such as small claims, municipal ordinance violations, and misdemeanor cases may be decided by a single judge.

Once the Notice of Appeal is filed, the case moves onward to the appellate court itself. The appellate court will establish a timeline for the filing of certain documents and materials with that court. This will include the appellate brief filed by the person lodging the appeal. Following the briefing process, in many cases, a hearing will be held at which both sides of the case will present oral arguments to the court. These arguments normally are presented by the attorneys representing the parties to the case.

In most cases, the appellate process does not move at a rate faster than within a 12- to 18-month time frame.

Finally, it is important to keep in mind that appellate law is a very specialized area in the legal profession. Therefore, a person facing the prospect of an appealed case definitely will want to consider engaging the services of an experienced appellate attorney.

The Court generally sits in three-judge panels to decide the merits of an appeal. The Court of Appeals issues a written decision in every case, and the Court's publication committee determines which decisions will be published. If a decision is published, it may be cited as authority precedent.

No testimony is taken in the Court of Appeals. The Court relies on the circuit court record and the written briefs of the parties. The Court hears oral arguments when the judges feel it would be beneficial to their decision.