Individuals “adversely affected or aggrieved” by agency action or members of government can seek judicial review through Wis Leg Chapter 227 Administrative Procedure and Review.  The process can be applied to actions of public servants and government agencies to ensure actions comply with constitutions, law, ethics and other regulations.  Judicial review traditionally begins in Circuit Court.

Wis Stat § 227.53 – 227.57 covers the requirements for initiating judicial review, the scope of the review, and the powers of the court.

Functions of judicial review:

• Analyze actions of governing agencies 
• Compare actions of public servants to position protocols
• Review actions of judges
• Consider judicial errors that possible yielded a false verdict
• Constitution misrepresented
• Question if practices met standards imposed by constitutions, laws and ethical guidelines

Courts review agency decisions and actions for compliance with legal authority.  Determines if actions and decisions of judges are supported by “substantial evidence”.  Governs state-wide administrative activities such as putting rules and laws into effect. 

Requesting judicial review can be shown necessary if able to outline a municipal or circuit court hearing that did not meet the Administrative Procedure Act’s definition of an adjudication outlined in Subchapter III of chapter 227.

A petition for review must be served and filed, stating the petitioner’s interest and the grounds for reversal or modification.  The court reviews the agency’s action based on the record, with the ability to grant relief if the agency’s actions are deemed unconstitutional, in excess of statutory authority, or unsupported by substantial evidence.

If requesting judicial review, the government may not find the need to pursue the course of action requested.  Accompany the request with evidence and explanation that justifies the necessity of judicial review.  Generally a final judicial decision or order, or actions of an entity that adversely affects a person’s substantial interests or actions must be involved with a request for judicial review.

Wisconsin Municipal & Circuit Courts
Outcomes of cases passing through municipal and circuit court houses are questioned by judicial review.  Review is traditionally initiated at the Circuit Court level, not in the Wisconsin Supreme Court or Court of Appeals.

Circuit Court
Wis Leg Chapter 227 establishes uniform methods for judicial review of circuit courts procedures and decisions, outlining procedures for filing petitions, timelines, venue, and the scope of review.  A court may reverse or remand if the agency’s action violates constitutional/statutory provisions, is outside its delegated authority, or is inconsistent with established rules.

Wis Leg Chapter 801 – 847 Civil Procedure

Municipal Court
Wisconsin, municipal courts provide a judicial review of administrative forfeitures and, through certiorari review, a review of municipal agency determinations, ensuring constitutional due process.  Wis Leg Chapter 68 Municipal Administrative Procedure shares procedures for review of municipal-level administrative decisions.

Wis Leg Chapter 800 Municipal Procedure

Qualification for Due Process
Under the 5th and 14th amendments to the constitution the government must afford due process to any individual who is to be deprived of “liberty” or “property”.  At minimum the government must provide a hearing before an impartial judge to provide due process.

The level of formal due process varies according to the contents of a case or hearing, but it must, at a minimum, meet constitutional standards when individual rights are at stake. While formal court trials have strict due process, administrative or informal adjudications might only require minimal procedural protections.

What Warrants Due Process
The cases involving one or a few people seeking a verdict going through the process of filing factual evidence includes the court becoming responsible for influencing participants’ personal rights.  Such cases are put on record and necessitate due process for everyone remaining accountable for actions that may harm another’s personal rights.

Generalized governmental actions, such as laws or policies that span a county or the state, apply to many people. While the individuals involved qualify for due process, yet the review procedure does not require those individuals to be granted formal due process.  Recourse for such legislative-type decisions are only available throughout the political process.