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Like most high-volume intermediate appellate courts, the primary function of the Court
of Appeals is to correct errors that occurred at the circuit court level. The published
opinions of the Court are binding precedent until overruled by the Supreme Court, and
the Supreme Court has recognized that the Court of Appeals has a "law defining and law
development" function. Cook v. Cook, 208 Wis. 2d 166, 188, 560 N.W.2d 246 (1997).
Any citizen may appeal a final judgment or order of a circuit court. Appeals of non final
judgments or orders (those that do not end the litigation) are accepted at the Court's
discretion.
The Court generally sits in three-judge panels to decide the merits of an appeal. Several
categories of cases, however, are decided by a single judge:
The Court of Appeals issues a written decision in every case. The Court's publication
committee determines which decisions will be published. If a decision is published, it
may be cited as presidential authority.
No testimony is taken in the Court of Appeals. The Court relies on the circuit court record
and the written briefs of the parties. The Court hears oral argument when the judges feel
it would be beneficial to their decision.
The Court's procedures can be found in Chapter 809 of the Wisconsin Statutes.
The Supreme Court, however, has found many constitutional limitations on its powers,
and has voluntarily adopted others so as not to interfere unduly with the other branches of
government or with the states. Though there are some notable exceptions, the court has a
standing policy of eschewing political disputes, i.e., issues that are considered to be
policy matters of legislative or executive authorities. In 1962 the court, over protests that
it was entering a “political thicket,” ruled in Baker v. Carr that the legislatures of several
states must correct imbalances in representation between rural and urban areas. The court
rarely attempts to infringe upon the power of the President over foreign affairs. Self-
imposed restraints, observed only intermittently, include consideration of a constitutional
issue only if the case cannot be considered on other grounds, and the formulation of
constitutional decisions in the narrowest terms.