SCR 80.003

(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.

(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.