State Board of Bar Governors Supports Petition for Citation of Unpublished Opinions
WisBar reports that The State Board of Bar Governors has voted to support Wisconsin Judicial Council Petition 08-02 to amend Wis.Stat. 809.23(3) to allow the citation of unpublished appellate opinions for persuasive value.
Petition 08-02, asks the Supreme Court to expand the opportunities for citation by adopting the following:
(a) An unpublished opinion may not be cited in any court of this state as precedent or authority, except to support a claim of claim preclusion, issue preclusion, or the law of the case.
(b) In addition to the purposes specified in sub. (a), an unpublished opinion may be cited for its persuasive value. Because an unpublished opinion cited for its persuasive value is not precedent, it is not binding on any court of this state, and a court need not distinguish or otherwise discuss it.