State v. A. W.

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OFFICE OF THE CLERK WISCONSIN COURT OF APPEALS 110 EAST MAIN STREET, SUITE 215 P.O. BOX 1688 MADISON, WISCONSIN 53701-1688 Telephone (608) 266-1880 TTY: (800) 947-3529 Facsimile (608) 267-0640 Web Site: www.wicourts.gov DISTRICT I/IV July 12, 2016 To: Hon. Mark A. Sanders Circuit Court Judge Childrens Court Center 10201 W. Watertown Plank Rd Milwaukee, WI 53226-3532 Josh Steib Juvenile Clerk Children's Court Center 10201 W. Watertown Plank Rd. Milwaukee, WI 53226 Michelle Ackerman Havas Milwaukee County Courthouse 901 N 9th St # 515 Milwaukee, WI 53233-1425 Timothy T. Kay Kay & Kay Law Firm 675 N. Brookfield Rd., Ste. 200 Brookfield, WI 53045 Bureau of Milwaukee Child Welfare Arlene Happach 635 N. 26th St. Milwaukee, WI 53233-1803 Christie A. Christie Legal Aid Society of Milwaukee 10201 Watertown Plank Rd. Milwaukee, WI 53226-3532 A. W. 1641 S. Pearl Street, Apt. B Milwaukee, WI 53204 You are hereby notified that the Court has entered the following order: 2016AP121 2016AP122 2016AP123 2016AP124 2016AP125 In re the termination of parental rights to R. W., a person under the age of 18: State of Wisconsin v. A. W. (L.C. # 2013TP369) In re the termination of parental rights to A. R. W., a person under the age of 18: State of Wisconsin v. A. W. (L.C. # 2013TP370) In re the termination of parental rights to N. W.-F., a person under the age of 18: State of Wisconsin v. A. W. (L.C. # 2013TP371) In re the termination of parental rights to R. R. W., a person under the age of 18: State of Wisconsin v. A. W. (L.C. # 2013TP372) In re the termination of parental rights to S. W., a person under the age of 18: State of Wisconsin v. A. W. (L.C. # 2013TP373) Before Kloppenburg, P.J. Nos. 2016AP121 2016AP122 2016AP123 2016AP124 2016AP125 In response to our order of June 10, 2016, appellant’s counsel has now concluded that there is an issue of arguable merit, and he asks for a remand to the circuit court for fact-finding under WIS. STAT. RULE 809.107(6)(am). We grant the request. The rule under which we make the remand provides that we shall set a time limit for the circuit court to hear and decide the issue. We do so, while attempting to be mindful of both the pressures on circuit court calendars and the intent of the legislature that these types of cases be greatly expedited. If the time we provide below is not sufficient, the circuit court or the parties may request additional time. The statute further provides that we shall set times for the appellant to request transcripts of the hearing, and for the filing of the transcript. IT IS ORDERED that the no-merit report is rejected and this appeal is remanded for postjudgment proceedings. IT IS FURTHER ORDERED that we retain jurisdiction of the appeal. IT IS FURTHER ORDERED that the appellant shall file the postjudgment motion within eleven days of the date of this order. The circuit court shall decide the postjudgment issues within sixty days of the date of this order. IT IS FURTHER ORDERED that if the appellant remains aggrieved following postjudgment proceedings, and intends to continue with this appeal, the appellant shall request any transcripts within five days after the circuit court’s decision. If no transcripts are being requested, the appellant should immediately advise the clerk of the circuit court of that fact. The court reporter shall file and serve the transcripts within eleven days of the request. The clerk of 2 Nos. 2016AP121 2016AP122 2016AP123 2016AP124 2016AP125 the circuit court shall return the record to this court within five days after the last transcript is filed, or after the appellant advises the clerk that no transcripts will be ordered. IT IS FURTHER ORDERED that, if the appellant remains aggrieved following postjudgment proceedings and intends to continue with this appeal, the time to file the appellant’s brief or no-merit report shall be eleven days after return of the record to this court. If the appellant does not intend to continue with the appeal, a notice of voluntary dismissal must be filed within that time. Diane M. Fremgen Clerk of Court of Appeals 3

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