Nuts and Bolts of Successful Appeals: From the Judge's Perspective

Wisconsin Court of Appeals District I Presiding Judge Joseph Donald was one of two judges who presented “The Nuts and Bolts of Successful Appeals: The Judge’s Perspective,” at the State Bar’s 2022 Annual Meeting and Conference (AMC).
The one-hour session was recorded and will be webcast replayed on Aug. 22, from 12 to 1 p.m. (1 CLE). Those who attended AMC but missed the session can access the program as part of the AMC registration package.
In a post-session interview, Judge Donald said that one of the common mistakes he sees in appellate briefs is the failure to raise the issue on appeal in the trial court. Another is the failure to make an adequate record for the court of appeals.
“We are not a fact-finding court,” said Judge Donald, who joined District IV Appeals Court Judge Rachel Graham and moderator James Goldschmidt, of Quarles & Brady LLP in Milwaukee, to deliver the presentation.
“One of my pet peeves are off-the-record discussions. I know, as a trial judge, it’s necessary to handle some things off the record.
“But when you go back on the record, there should be a summary of what happened, why it happened, in case you want to preserve that issue for appeal. If it’s not on the record, we can’t address it.”
Before he was appointed to the court of appeals in 2019, Donald served as a Milwaukee County Circuit Court Judge for 23 years.
“As an appellate judge, I’m very limited as to discretionary decisions,” Donald said. “That’s one of the things that I miss.”
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