APPEALS

The judicial system is not perfect, and occasionally trial court judges make mistakes just like everybody else. When an error of law occurs at the trial court level, a litigant may appeal his or her case to a higher court and request that the appeals court correct the lower court’s error.

Cases are usually first heard on appeal by the Court of Appeals, which is divided into four geographic districts and hears cases in panels of three judges. These judges review the trial court record and read briefs submitted by both parties, and then issue a written decision in which they may uphold the trial court’s decision, reverse the trial court’s decision, or uphold some parts and reverse others.

If either party is dissatisfied with the Court of Appeals’ decision, that party may ask the Supreme Court to review the case. The Supreme Court takes only a very small number of the cases it is asked to review. Its primary function is to clarify and interpret Wisconsin’s law, so it only hears cases in which the law is unclear. If the Supreme Court accepts a case, a panel of seven justices will review the trial court record, read the parties’ briefs, and hear oral argument from both sides before issuing a written decision.

The attorneys of Balisle & Roberson, S.C. have played a critical role in shaping Wisconsin’s family law through their appellate litigation, including the Supreme Court’s landmark maintenance decision in In re the Marriage of LaRocque, the Supreme Court’s custody and visitation decision in In re: Custody of H.S.H.-K., and the Court of Appeals’ maintenance and child support decision in Hubert v. Hubert.

Many of these appellate decisions and briefs are available here. Balisle & Roberson, S.C. appeals cases both on behalf of clients it has represented at the trial court level and on behalf of clients whose cases were tried by other attorneys. Balisle & Roberson, S.C. has also had appellate experience in representing amici curiae (individuals or organizations who are not parties to an action but want to communicate their position to the court) and acting as guardians ad litem in cases involving critical issues such as reproductive rights and non-traditional families.