Supreme Court Orders

(1) Unless otherwise provided by law, a supreme court order shall be published if the order meets any of the following criteria: (a) The order disposes of any appeal, review, or proceeding before the supreme court and contains significant discussion or explanation of the grounds for disposition. (b) The order resolves a motion for reconsideration of a supreme court opinion and contains further explanation, clarification, or modification of the court’s opinion. (c) The order resolves a bona fide and substantial request for recusal or disqualification of a justice. (2) Unless otherwise provided by law, orders of the supreme court other than those in sub. (1) may be published if the order meets one or more of the following criteria: (a) The order concerns a legal, factual, jurisdictional, or procedural issue of significant public interest or importance. (b) The order contains significant discussion or explanation of the state constitution, or any law, statute, or court rule. 332 (c) The order enhances access to or transparency of the court's work to the general public. (3) Publication. (a) A majority of the participating members of the court shall determine whether an order issued by the court satisfies the publication criteria under this rule. (b) The authoring justice of an order issued by a single justice shall determine whether the order satisfies the publication criteria under this rule. (c) An order designated to be published under this rule shall include a statement, "This order will be published pursuant to rule ___." This statement will be removed upon publication. (4) Orders published under this rule shall be published in the official publications designated in SCR 80.01, including the official publishers' online databases, and on the Wisconsin court system's Web site. COMMENT 1. A supreme court order published under this rule may include orders that provide a scholarly critique of an existing law, statute, or rule or a new interpretation, clarification, or criticism of an existing provision of the statute constitution, statute, or court rule. 2. A concurrence or dissent is considered part of the order to which the publication criteria apply. 3. Publication rules under this chapter govern court orders issued in appeals, reviews, or proceedings before the supreme court. Publication rules governing court orders issued on rule petitions are set forth in Supreme Court Rule Chapter 98. 4. Supreme court opinions include authored and per curiam opinions. 5. A supreme court order includes an order issued by this court including a single justice of this court.