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Wisconsin Statutes

Wis. Stat. § 809.86 (2026)

Rule (Identification of victims and others in briefing, petitions for review, and responses to petitions for review)

✓ current as of July 2026
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809.86809.86 Rule (Identification of victims and others in briefing, petitions for review, and responses to petitions for review).
809.86(1)(1) Declaration of policy. By enacting this rule, the supreme court intends to better protect the privacy and dignity interests of crime victims. It requires appellate briefs, petitions for review, and responses to petitions for review to identify crime victims by use of identifiers, as specified in sub. (4), unless there is good cause for noncompliance. The rule protects the identity of victims in appellate briefs, petitions for review, and responses to petitions for review that the courts make available online.
809.86(2)(2) Applicability. This section applies to appeals in the following types of cases:
809.86(2)(a)(a) Section 971.17 proceedings.
809.86(2)(b)(b) Criminal cases.
809.86(2)(c)(c) Chapter 938 cases.
809.86(2)(d)(d) Chapter 980 cases.
809.86(2)(e)(e) Certiorari review of decisions or orders entered by the department of corrections, the department of health services, or the parole commission in a proceeding or case specified in pars. (a) to (d).
809.86(2)(f)(f) Collateral challenges to judgments or orders entered in a proceeding or case specified in pars. (a) to (e).
809.86(3)(3) Definition. In this section, “victim” means a natural person against whom a crime, other than a homicide, has been committed or alleged to have been committed in the appeal or proceeding. “Victim” does not include the person convicted of or alleged to have committed a crime at issue in the appeal or proceeding.
809.86(4)(4) Briefs, petitions for review, and responses to petitions for review. In an appeal specified under sub. (2), the briefs of the parties, petitions for review, and responses to petitions for review shall not, without good cause, identify a victim by any part of his or her name but may identify a victim by one or more initials or other appropriate pseudonym or designation.
809.86(5)(5) Protective order. For good cause, the court may make any order necessary to protect the identity of a victim or other person, or to excuse compliance with this section.
809.86 HistoryHistory: Sup. Ct. Order No. 14-01, 2015 WI 21, filed 3-2-15, eff. 7-1-15; 2017 a. 365 s. 111; Sup. Ct. Order No. 19-19, 2020 WI 6, 390 Wis. 2d xiii.
809.86 NoteNOTE: Sup. Ct. Order No. 14-01 states, “The Judicial Council Note to Wis. Stat. § (RULE) 809.86 is not adopted, but will be published and may be consulted for guidance in interpreting and applying the rule.”
809.86 NoteJudicial Council Note, 2015: Proposed s. 809.86 addresses victim privacy concerns that result from public access to searchable documents posted on the Wisconsin Supreme Court and Court of Appeals access website. The proposed rule is intended to protect victims’ constitutional and statutory rights to be treated with fairness, dignity, courtesy, sensitivity, and respect for their privacy. See Wis. Const. Article I, section 9m; Wis. Stat., s. 950.01. Specifically, the rule protects the identity of victims in appellate briefs that the courts make available online. The rule does not extend to other appellate filings, including appendices, because these documents are not currently posted electronically.
809.86 NoteThe proposed rule is not a rule of confidentiality or privilege. It is not intended to limit a defendant’s right to a public trial, to limit the availability of any potential appellate argument or remedy, or to affect laws regarding public records or open court records that are available in the clerks of courts offices.
809.86 NoteThe rule is intended to address only matters in which the state has alleged or proved that a party in the appeal or proceeding has committed criminal conduct against one or more victims in the matter. Accordingly, sub. (2) is limited to matters in which victims of crime are most frequently referenced and identified as victims or alleged victims.
809.86 NoteSubsection (3) provides a definition of a “victim” that includes an alleged victim. In some appeals, a party’s position will be that there was in fact no victimization, and nothing in this proposed rule is intended to limit arguments to that effect.
809.86 NoteThe privacy issues addressed by the rule do not extend to a deceased victim in the same manner. Therefore, subsection (3) permits the victim of a homicide to be recognized in an appellate brief.
809.86 NoteSubsection (4) prohibits the use of any part of a victim or alleged victim’s name except initials. Subsection (4) does not prescribe or limit the use of other pseudonyms for victims, as long as they maintain sensitivity and respect for victims.
809.86 NoteSubsection (5) allows an appellate court to make any necessary order to further protect the identity of victims or to protect the identity of other persons not otherwise covered by the rule. It also allows the court to excuse compliance with this section.
Effective date noteComment, 2020: By S. Ct. Order 19-19, 2020 WI 6 (issued Jan. 29, 2020, eff. July 1, 2020) the court extended the privacy protections of this rule to petitions for review and responses to petitions for review, so that they may be posted on the Wisconsin Supreme Court and Court of Appeals case access website, along with appellate briefs, in a manner that respects victim privacy concerns.
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Notes of Decisions
Cited in 22 cases (18 in the last 5 years), 2019–2026 · leading case: State v. Eric J. Debrow, 2023 WI 54 (Wis. 2023).
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State v. Eric J. Debrow, 2023 WI 54 (Wis. 2023). · cites it 2× “Wis. Stat. § 809.86 (2021-22). 5 See Wis.”
George Brown v. Cheryl Eplett, 48 F.4th 543 (7th Cir. 2022). “See Wis. Stat. § 809.86 (4). We shall do the same.”
State v. Tomas Jaymitchell Hoyle, 2023 WI 24 (Wis. 2023). “(Rule) § 809.86(4). All subsequent references to the Wisconsin Statutes are to 3 the 2021-22 version unless otherwise indicated.”
State v. Alexander M. Schultz, 2020 WI 24 (Wis. 2020). · cites it 2× “See Wis. Stat. § 809.86 (2017-18). No. 2017AP1977-CR occurring "on or about October 19, 2012," the date M.”
State v. James P. Killian, 2023 WI 52 (Wis. 2023). · cites it 2× “(Rule) § 809.86(4) (2021-22). All references to the Wisconsin Statutes are to the 2021-22 version unless otherwise noted.”
State v. Alexander M. Schultz, 2020 WI 24 (Wis. 2020). · cites it 2× “See Wis. Stat. § 809.86 (2017-18). No. 2017AP1977-CR occurring "on or about October 19, 2012," the date M.”
State v. James P. Killian, 2023 WI 52 (Wis. 2023). · cites it 2× “(Rule) § 809.86(4) (2021-22). All references to the Wisconsin Statutes are to the 2021-22 version unless otherwise noted.”
State v. Luis A. Ramirez, 2025 WI 28 (Wis. 2025). “§ 809.86 (2023–24). STATE v. RAMIREZ JUSTICE KAROFSKY, concurring Id.”
State v. Walker, 927 N.W.2d 932 (Wis. Ct. App. 2019). · cites it 2× “See Wis. Stat. § 809.86 (4) (2017-18). All references to the Wisconsin Statutes are to the 2017-18 version unless otherwise noted.”
State v. Pierce, 927 N.W.2d 156 (Wis. Ct. App. 2019). · cites it 2× “Pursuant to Wis. Stat. § 809.86 (2017-18), we will shield the identity of the property owners, the crime victims in this case.”
State v. Jasmine J. Lanier (Wis. Ct. App. 2021). “DISCUSSION ¶13 On appeal, Lanier renews her same arguments raised below in her postconviction motion related to the sufficiency of the evidence for Counts 10 6 We use N.”
State v. Michael D. Martin (Wis. Ct. App. 2021). “§ 809.86(1), (4). 3 No. 2020AP1575-CR ¶6 Martin testified in this case that when investigators came to interview Martin about alleged sexual assaults of C.”
Show all 22 citing cases →
— Wis. Stat. § 809.86(1) — 3 cases
State v. Michael D. Martin (Wis. Ct. App. 2021). “§ 809.86(1), (4). 3 No. 2020AP1575-CR ¶6 Martin testified in this case that when investigators came to interview Martin about alleged sexual assaults of C.”
State v. Anthony Q. Wallace (Wis. Ct. App. 2023).
State v. Jacob T. Robinson (Wis. Ct. App. 2025).
— Wis. Stat. § 809.86(3) — 1 case
State v. Jennifer Hancock (Wis. Ct. App. 2022).
— Wis. Stat. § 809.86(4) — 8 cases
State v. Tomas Jaymitchell Hoyle, 2023 WI 24 (Wis. 2023). “(Rule) § 809.86(4). All subsequent references to the Wisconsin Statutes are to 3 the 2021-22 version unless otherwise indicated.”
State v. James P. Killian, 2023 WI 52 (Wis. 2023). “(Rule) § 809.86(4) (2021-22). All references to the Wisconsin Statutes are to the 2021-22 version unless otherwise noted.”
State v. James P. Killian, 2023 WI 52 (Wis. 2023). “(Rule) § 809.86(4) (2021-22). All references to the Wisconsin Statutes are to the 2021-22 version unless otherwise noted.”
State v. Phillip A. Byrd (Wis. Ct. App. 2023).
State v. Adam C. Shock (Wis. Ct. App. 2025).
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