The information presented in the following tables covers four terms of the Wisconsin Supreme Court (2009-10 through 2012-13) and focuses on the 42 cases in which the Wisconsin State Public Defender’s Office (SPD) presented oral arguments.  Table 1 identifies all of the cases in which the SPD presented oral arguments and indicates whether or not the outcome favored the SPD.  The second set of tables specifies how frequently each of the seven justices cast votes siding with the SPD.

Individual cases and outcomes
Votes by individual justices

Earlier this week the Milwaukee Journal Sentinel published an article[1] describing an unusual measure adopted by the Wisconsin Supreme Court.  Concerned about a looming backlog of cases, the justices voted 5-2 to limit the number of minutes during which they could discuss individual cases before reaching a decision.  Chief Justice Shirley Abrahamson, who opposed the time limits and suggested instead that the justices meet more frequently, provided a sense of the backlog’s dimensions in a memo dated May 21.  In particular, she expressed concern that so late in the term the justices had only discussed 14 (23%) of the 60 cases that they hope to decide by June 30.

The following table, which covers 14 terms (1999-00 through 2012-13) suggests that the current backlog is indeed striking—especially when compared to the early years of the period, when the court handled a much larger number of cases (sometimes twice as many as in 2012-13) and did so at a brisker pace than the justices have managed so far this year.  Moreover, the figures in the table pertain to the dates of issue for decisions, which could well be a good deal later than the discussions noted by Justice Abrahamson—further underscoring the extent of the delay in 2014.

Reading the table: Taking the 2008-09 term as an example, 62 decisions were issued that year—16 decisions (26%) by April 15, 2009, 21 decisions (34%) by May 15, 29 decisions (47%) by June 15, and 54 decisions (87%) by July 15.

The table includes per curiam decisions—but not decisions arising from disciplinary proceedings against judges and lawyers, nor petitions for review and decisions on various motions (for reconsideration, to dissolve injunctions, to vacate decisions, and so forth).

Members of the Wisconsin Supreme Court (terms run from September 1 to August 31)
2008/09-2012/13: Abrahamson, Bradley, Crooks, Prosser, Roggensack, Ziegler, Gableman.
2007/08: Abrahamson, Bradley, Butler, Crooks, Prosser, Roggensack, Ziegler.
2004/05-2006/07: Abrahamson, Bradley, Butler, Crooks, Wilcox, Prosser, Roggensack.
2003/04: Abrahamson, Bradley, Crooks, Sykes, Wilcox, Prosser, Roggensack.
1999/00-2002/03: Abrahamson, Bradley, Crooks, Sykes, Wilcox, Prosser, Bablitch.

[1] http://www.jsonline.com/news/statepolitics/wisconsin-supreme-court-imposes-time-limits-on-debate-to-clear-backlog-b99285777z1-262300041.html

These tables are derived from information contained in 46 Wisconsin Supreme Court decisions filed between September 1, 2012, and August 31, 2013.  The total of 46 decisions does not include decisions pertaining to matters arising from the Office of Lawyer Regulation and the Wisconsin Judicial Commission.  The decisions may be found on the Wisconsin Court System website.  http://wicourts.gov/

The tables are available as a complete set and by individual topic according to the subsets listed below.

Four-to-Three Decisions
Decisions Arranged by Vote Split
Frequency of Justices in the Majority
Distribution of Opinion Authorship
Frequency of Agreement Between Pairs of Justices
Average Time Between Oral Argument and Opinions Authored by Each Justice
Number of Oral Arguments Presented by Individual Firms and Agencies

The following tables are derived from information contained in 60 Wisconsin Supreme Court decisions filed between September 1, 2011, and August 31, 2012.  This total of 60 decisions does not include one per curiam decision (Wis. Prosperity Network v. Myse) that yielded a 3-3 vote.  Nor does it include decisions pertaining to matters arising from the Office of Lawyer Regulation and the Board of Attorneys Professional Responsibility.  (The decisions may be found on the Wisconsin Court System website.  http://wicourts.gov)

The tables are available as a complete set and by individual topic according to the subsets listed below.

Four-to-Three Decisions
Decisions Arranged by Vote Split
Frequency of Justices in the Majority
Distribution of Opinion Authorship
Frequency of Agreement Between Pairs of Justices
Average Time Between Oral Argument and Opinions Authored by Each Justice
Number of Oral Arguments Presented by Individual Firms and Agencies

The following tables are derived from information contained in 58 Wisconsin Supreme Court decisions filed between September 1, 2010, and August 31, 2011. This total of 58 decisions does not include three per curiam decisions (Polsky v. Virnich; Phillips v. U.S. Bank Nat’l Ass’n; and Metro. Milwaukee Ass’n of Commerce, Inc. v. City of Milwaukee), each of which yielded a 3-3 vote. Nor does it include decisions pertaining to matters arising from the Office of Lawyer Regulation and the Board of Attorneys Professional Responsibility. (The decisions may be found on the Wisconsin Court System website. http://wicourts.gov)

The tables are available as a complete set and by individual topic according to the subsets listed below.

Four-to-Three Decisions
Decisions Arranged by Vote Split
Frequency of Justices in the Majority
Distribution of Opinion Authorship
Frequency of Agreement Between Pairs of Justices
Average Time Between Oral Argument and Opinions Authored by Each Justice
Number of Oral Arguments Presented by Individual Firms and Agencies

The following tables are derived from information contained in 58 Wisconsin Supreme Court decisions filed between September 1, 2009, and August 31, 2010.  This total does not include rulings pertaining to recusal motions and matters arising from the Wisconsin Judicial Commission, the Office of Lawyer Regulation, and the Board of Attorneys Professional Responsibility.  Nor does it include Ehlinger v. Hauser—in which Justice Crooks did not participate, and three other justices concurred in part and dissented in part.  The decisions may be found on the Wisconsin Court System website.  http://wicourts.gov/

The tables are available as a complete set and by individual topic according to the subsets listed below.

Four-to-Three Decisions
Decisions Arranged by Vote Split
Frequency of Justices in the Majority
Distribution of Opinion Authorship
Frequency of Agreement Between Pairs of Justices
Average Time Between Oral Argument and Opinions Authored by Each Justice
Number of Oral Arguments Presented by Individual Firms and Agencies

The following tables are derived from information contained in 61 Wisconsin Supreme Court decisions filed between September 1, 2008, and August 31, 2009.  This total does not include one per curiam decision (Polsky v. Virnich) that yielded a 3-3 vote.  Nor does it include decisions pertaining to matters arising from the Office of Lawyer Regulation and the Board of Attorneys Professional Responsibility.  The decisions may be found on the Wisconsin Court System website.  http://wicourts.gov/

The tables are available as a complete set and by individual topic according to the subsets listed below.

Four-to-Three Decisions
Decisions Arranged by Vote Split
Frequency of Justices in the Majority
Distribution of Opinion Authorship
Frequency of Agreement Between Pairs of Justices
Average Time Between Oral Argument and Opinions Authored by Each Justice
Number of Oral Arguments Presented by Individual Firms and Agencies

The following tables are derived from information contained in 68 Wisconsin Supreme Court decisions filed between September 1, 2007, and August 31, 2008.  This total of 68 decisions does not include (1) decisions arising from matters pertaining to the Wisconsin Judicial Commission and the Office of Lawyer Regulation; (2) a per curiam denial of a motion to vacate a decision relating to the disqualification of a justice (Storms v. Action Wis. Inc.); (3) two per curiam denials of motions for reconsideration (Estate of Szleszinski v. Labor & Indus. Review Comm’n and State v. Grady); and (4) two 3-3 per curiam decisions (Heikkinen v. United Servs. Auto. Ass’n and Wis. Realtors Ass’n v. Town of West Point ).  The decisions may be found on the Wisconsin Court System website.  http://wicourts.gov/

The tables are available as a complete set and by individual topic according to the subsets listed below.

Four-to-Three Decisions
Decisions Arranged by Vote Split
Frequency of Justices in the Majority
Distribution of Opinion Authorship
Frequency of Agreement Between Pairs of Justices
Average Time Between Oral Argument and Opinions Authored by Each Justice
Number of Oral Arguments Presented by Individual Firms and Agencies

The following tables are derived from information contained in 67 Wisconsin Supreme Court decisions filed between September 1, 2006, and August 31, 2007. This total of 67 decisions does not include (1) decisions arising from matters pertaining to the Wisconsin Judicial Commission, the Office of Lawyer Regulation, and the Board of Attorneys Professional Responsibility; (2) Green v. State Elections Bd., in which the parties agreed that the case be dismissed, and the Court so ordered; and (3) rulings on motions for reconsideration. The decisions may be found on the Wisconsin Court System website. http://wicourts.gov/

The tables are available as a complete set and by individual topic according to the subsets listed below.

Four-to-Three Decisions
Decisions Arranged by Vote Split
Frequency of Justices in the Majority
Distribution of Opinion Authorship
Frequency of Agreement Between Pairs of Justices
Average Time Between Oral Argument and Opinions Authored by Each Justice
Number of Oral Arguments Presented by Individual Firms and Agencies

These tables are derived from information contained in 81 Wisconsin Supreme Court decisions filed between September 1, 2005, and August 31, 2006. The total of 81 decisions does not include the following items in the Supreme Court’s listing of opinions and dispositional orders for this period: (1) decisions arising from matters pertaining to the Office of Lawyer Regulation and the Board of Attorneys Professional Responsibility; (2) rulings on motions for reconsideration; and (3) orders regarding petitions for review. The decisions may be found on the Wisconsin Court System website.  http://wicourts.gov/

The tables are available as a complete set and by individual topic according to the subsets listed below.

Four-to-Three Decisions
Decisions Arranged by Vote Split
Frequency of Justices in the Majority
Distribution of Opinion Authorship
Frequency of Agreement Between Pairs of Justices
Average Time Between Oral Argument and Opinions Authored by Each Justice
Number of Oral Arguments Presented by Individual Firms and Agencies