City of Rhinelander v. Zachary Tyler LaFave-LaCrosse
2020AP001466, 2020AP001467
| Wis. Ct. App. | Apr 5, 2022Background
- On Jan. 18, 2020 LaFave was cited for OWI (first offense) and for refusing a chemical breath test; he was found guilty after a bench trial and his postconviction motions were denied.
- LaFave appealed the convictions and the orders denying reconsideration; the appeals were consolidated.
- LaFave moved in circuit court under Wis. Stat. § 814.29(1) to waive fees for preparing trial transcripts, asserting indigency (unemployed student, below poverty level).
- The circuit court denied the waiver, reasoning that civil traffic appeals are governed by Wis. Stat. Rules 809.01–.26 and Rule 809.11(4) places transcript costs on the appellant.
- LaFave sought a transcript-fee waiver in this court; the court declined to grant it but told him to appeal the circuit court’s denial and explained the controlling standard: indigency plus an arguably meritorious claim requiring transcripts.
- The Court of Appeals held the circuit court used an incorrect legal standard (§ 814.29(1) permits fee waivers in civil/traffic cases) but affirmed because LaFave, while indigent, failed to show his appeals presented claims on which relief could be granted or that transcripts were necessary for issues of arguable merit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 814.29(1) permits waiver of transcript fees in civil/traffic appeals | City: (conceded) § 814.29 can apply to these cases | LaFave: circuit court erred by treating waiver as unavailable because case is civil/traffic | Court: circuit court used improper standard; § 814.29 does not bar waivers in civil/traffic cases |
| Whether LaFave satisfied § 814.29(1)’s substantive requirements (indigency + arguably meritorious claim requiring transcript) | City: LaFave failed to present facts/argument showing an arguably meritorious appeal or need for transcript | LaFave: indigent and asserted transcripts were necessary to accurately present the case; testimony was key so transcript needed | Court: LaFave is indigent but failed to show any claim on which relief could be granted or specific issues of arguable merit necessitating a transcript; waiver denied and order affirmed |
Key Cases Cited
- State ex rel. Girouard v. Circuit Ct. for Jackson Cnty., 155 Wis. 2d 148 (1990) (fee waivers applicable in civil cases; indigency plus arguable merit required)
- State ex rel. Luedtke v. Bertrand, 220 Wis. 2d 574 (1998) (same standard reiterated)
- Data Key Partners v. Permira Advisers LLC, 356 Wis. 2d 665 (2014) (legal question of whether a claim states relief is reviewed independently)
- Charolais Breeding Ranches, Ltd. v. FPC Sec. Corp., 90 Wis. 2d 97 (1979) (unrefuted arguments may be deemed conceded)
- State v. Amrine, 157 Wis. 2d 778 (1990) (appellate courts may affirm correct result even if lower court’s reasoning was erroneous)