Wisconsin Department of Justice files notice of appeal in election integrity case against Government Accountability Board - WKOW 27: Madison, WI Breaking News, Weather and Sports

Wisconsin Department of Justice files notice of appeal in election integrity case against Government Accountability Board

Madison (WKOW) -- from WI Dept. of Justice:  Friday, the Wisconsin Department of Justice filed an appeal of Dane County Circuit Court Judge Maryann Sumi's decision in the case of J.B. Van Hollen v. Government Accountability Board.

  "Recognizing that there was no possibility for relief before the election, I decided to file the appeal after the election," said Van Hollen.  "This appeal is important.  There will be future elections.  I believe that it is important for a state agency, in this case the Government Accountability Board, to follow the law."

  Under Wisconsin law, there is no direct appeal to the Wisconsin Supreme Court.

  All appeals are initiated in the Court of Appeals. 

  Any party may file a petition to bypass the Court of Appeals, which would be decided by the Supreme Court. 

  If a petition to bypass is granted, the case would move directly to the Supreme Court. 

  In addition, the Court of Appeals, on its own motion, may certify a case to the Supreme Court. 

  If a case is certified, the Supreme Court can either accept or deny the opportunity to take jurisdiction over the case. 

  Finally, the Supreme Court has independent authority on its own initiative to take jurisdiction over a matter filed with the Court of Appeals.

  • Step 1 - Notice of Appeal is filed by Attorney General (this was done Friday)
  • Step 2 - Clerk of Courts of Dane County prepares the record
  • Step 3 - After the record is submitted by the clerk, the clock starts on the timeline for the filing of Attorney General's brief
  • Step 4 - Attorney General files brief by a date to be determined; date is contingent on clerk's preparation of the record
  • Step 5 - Respondent GAB and other defendants may file brief
  • Step 6 - Attorney General may file reply brief

  No later than 14 days following the filing of the Respondent's brief, the Attorney General (or any other party) may file a petition to bypass.

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