Wis. Stat. » CHAPTER 809 — RULES OF APPELLATE PROCEDURE
Wisconsin Statutes

Wis. Stat. § 809.61 (2026)

Rule (Bypass by certification of court of appeals or upon motion of supreme court)

✓ current as of July 2026
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809.61809.61 Rule (Bypass by certification of court of appeals or upon motion of supreme court). The supreme court may take jurisdiction of an appeal or other proceeding in the court of appeals upon certification by the court of appeals or upon the supreme court’s own motion. The supreme court may refuse to take jurisdiction of an appeal or other proceeding certified to it by the court of appeals.
809.61 HistoryHistory: Sup. Ct. Order, 83 Wis. 2d xiii (1978).
809.61 AnnotationThe supreme court’s denial of certification has no precedential value on the merits of the case. State v. Shillcutt, 119 Wis. 2d 788, 350 N.W.2d 686 (1984).
809.61 AnnotationWhen confronted with a direct conflict between a decision of the state supreme court and a later decision of the U.S. Supreme Court on a matter of federal law, the court of appeals may certify the case to the state supreme court under this section. If it does not, or certification is not accepted, the supremacy clause of the U.S. Constitution compels adherence to U.S. Supreme Court precedent on matters of federal law, although it means deviating from a conflicting decision of the state supreme court. State v. Jennings, 2002 WI 44, 252 Wis. 2d 228, 647 N.W.2d 142, 00-1680.
809.61 AnnotationDiscretionary review by the Wisconsin Supreme Court. Pokrass. WBB Mar. 1985.
Notes of Decisions
Cited in 160 cases (1 in the last 5 years), 1980–2023 · leading case: State v. Jennings, 2002 WI 44 (Wis. 2002).
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State v. Jennings, 2002 WI 44 (Wis. 2002). · cites it 12× “We conclude that when confronted with a direct conflict between a decision of this court and a later decision of the United States Supreme Court on a matter of federal law, the court of appeals may, but is not required to, certify the case to us pursuant to Wis. Stat. § 809.61 .…”
Winnebago Cnty. v. Christopher S., 2016 WI 1 (Wis. 2016). · cites it 4× “The court of appeals certified the case to this court pursuant to Wis. Stat. § 809.61 . We accepted certification on May 11, 2015.”
Am. Fam. Mut. Ins. v. Golke, 2009 WI 81 (Wis. 2009). · cites it 8× “This is an appeal pursuant to Wis. Stat. § 809.61 (2007-08) [1] in which American Family Insurance Co.”
Schill v. Wisconsin Rapids Sch. Dist., 2010 WI 86 (Wis. 2010). · cites it 4× “Pollex, Judge, on certification from the court of appeals pursuant to Wis. Stat. § 809.61 (2007-08). [3] The circuit court ordered the Wisconsin Rapids School District to release to the record requester all e-mails of Karen Schill, Traci Pronga, Kimberly Martin, Robert Dresser,…”
State v. Gerald D. Taylor, 2013 WI 34 (Wis. 2013). · cites it 4× “This appeal is before the court on certification by the court of appeals, pursuant to Wis. Stat. § 809.61 (2009-10).1 The defendant, Gerald Taylor (Taylor), pled no contest to charges of uttering a forgery as a repeater.”
Koffman v. Leichtfuss, 2001 WI 111 (Wis. 2001). · cites it 4× “This case is before us upon certification of the court of appeals pursuant Wis. Stat. § 809.61 (1997-98). [2] The plaintiff also sought and received damages other than the medical expense damages.”
Madison Teachers, Inc. v. Scott Walker, 2013 WI 91 (Wis. 2013). · cites it 7× “71 ; • The court may take jurisdiction of the contempt proceedings pending in the court of appeals (case number 2013AP2405), on its own motion pursuant to Wis. Stat. § 809.61 ; or • The WERC Commissioners could have sought to bypass the court of appeals with regard to the…”
Madison Teachers, Inc. v. Scott Walker, 2014 WI 99 (Wis. 2014). · cites it 4× “The court of appeals certified the case to this court, pursuant to Wis. Stat. § 809.61 . We now uphold Act 10 in its entirety.”
Lane v. Sharp Packaging Sys., Inc., 2002 WI 28 (Wis. 2002). · cites it 4× “This case is before the court on certification by the Court of Appeals, District II, pursuant to Wis. Stat. § 809.61 (1999-2000). [1] While this case arises from the termination of Harold C.”
Drinkwater v. Am. Fam. Mut. Ins., 2006 WI 56 (Wis. 2006). · cites it 4× “This case is before the court on certification by the court of appeals pursuant to Wis. Stat. § 809.61 (2003-04). Medical Associates Health Plan, Inc.”
United Food & Com. Workers Union, Local 1473 v. Hormel Foods Corp., 2016 WI 13 (Wis. 2016). · cites it 4× “The court of appeals certified the appeal to this court pursuant to Wis. Stat. § 809.61 (2013-14).2 ¶2 This is a "donning and doffing" wage and hour case.”
Milwaukee Branch of the NAACP v. Scott Walker, 2014 WI 98 (Wis. 2014). · cites it 4× “¶18 On November 20, 2013, after briefing was completed in the court of appeals and pursuant to Wis. Stat. § 809.61 and 9 No. 2012AP1652 Wis.”
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