Wis. Supreme Court to Hear Challenge of Appellate Court Fines Over Lack of Brief Documentation
When Wisconsin lawyers don’t adequately support their appellate briefs with requisite documentation, they are hit with public fines of $150. Last year, a record 17 so-called summary sanctions were issued, based on findings by Court of Appeals that lawyers inaccurately certified their briefs were complete.
But the fines are controversial and the state supreme court has agreed to hear a petition from the state public defender over the practice. It argues that the standard applied to determine a lack of compliance is unconstitutionally vague and violates due process because those accused aren’t given a chance to respond, reports the Milwaukee Journal-Sentinel.
Opponents of the fines also contend that the appellate court is usurping the role of attorney disciplinary authorities.
