Eastern District of Wisconsin Federal Court: Courthouses, Rules and Defenders

The U.S. District Court for the Eastern District of Wisconsin is the federal trial court for 28 counties in eastern Wisconsin, including Milwaukee, Waukesha, Racine, Kenosha and Brown counties (28 U.S.C. § 130(a)). Its courthouses are in Milwaukee and Green Bay. Here is where the court sits, who prosecutes and defends cases there, and its local criminal rules.

We handle federal cases nationwide.

Where does the court sit?

The district has no divisions set by statute. By law, court is held at Green Bay, Milwaukee and Oshkosh (28 U.S.C. § 130(a)). The court's site lists these courthouses:

Milwaukee
United States Federal Building and Courthouse, 517 E. Wisconsin Avenue.
Green Bay
Jefferson Court Building, 125 S. Jefferson Street.

The court's site lists no courthouse in Oshkosh. The charging papers and the docket show where a case is pending.

United States District Court for the Eastern District of Wisconsin

Which appeals court covers it?

Appeals from this court go to the U.S. Court of Appeals for the Seventh Circuit (28 U.S.C. §§ 41, 1294(1)). Its decisions are binding on the federal judges in this district, so its precedent governs cases here (uscourts.gov, About the U.S. Courts of Appeals).

Our Seventh Circuit appeals guide covers deadlines and the court’s own rules for criminal appeals.

Who prosecutes and who defends?

Federal prosecutors here work for the United States Attorney's Office for the Eastern District of Wisconsin, part of the U.S. Department of Justice.

Anyone charged with a federal crime who can’t afford a lawyer can ask the court to appoint one (18 U.S.C. § 3006A). Here, appointed lawyers come from the Federal Defender Services of Wisconsin, an independent defender organization funded by a grant from the federal judiciary, with offices in Milwaukee and Green Bay, or from a panel of private lawyers the court approves.

Where are the local rules and sentencing procedures?

Every federal court follows the national rules, such as the Federal Rules of Criminal Procedure, plus its own local rules. This court publishes them on its local rules page.

Criminal Local Rule 32 bars release of presentence reports without a court order but lets the defendant and defense counsel review the report. The federal rule sets the report deadlines: the report goes to the defense at least 35 days before sentencing, and objections are due within 14 days (Fed. R. Crim. P. 32(e)(2), (f)). If the defendant waives the 35-day period, written objections are due at least 10 days before sentencing unless the court orders otherwise.

“objections to a presentence investigation report must be submitted in writing with the United States Probation Department, and served on the opposing party at least 10 days before the scheduled sentencing”
Criminal L.R. 32(b)

Is Brandon Sample admitted in this court?

Yes. Brandon Sample is admitted to practice before the U.S. District Court for the Eastern District of Wisconsin. He has also handled federal cases in courts across the country.

Which federal prisons are in this district?

The bop.gov location list shows no Bureau of Prisons facility in this district. FCI Oxford, the BOP prison in Wisconsin, is in the Western District of Wisconsin.

The BOP decides where each person sentenced here serves the sentence, and by law it tries to place people within 500 driving miles of home when it can (18 U.S.C. § 3621(b)).

A prison being in this district doesn’t mean someone sentenced here will go there. The Bureau of Prisons decides where each person serves their sentence (18 U.S.C. § 3621(b)).

What should you know about a federal case in this district?

The first hearing comes fast. After an arrest, the person goes before a magistrate judge without unnecessary delay for an initial appearance (Fed. R. Crim. P. 5(a)). The judge decides whether they stay in custody while the case goes on (18 U.S.C. § 3142).
Most felony cases start with an indictment. A grand jury decides in private whether to approve the charges (Fed. R. Crim. P. 6, 7).
The presentence report matters. A federal probation officer writes a report on the offense and the person’s life before sentencing, and the defense can object to mistakes in it (Fed. R. Crim. P. 32(c)–(f)). Check this court’s schedule above.
The judge decides the sentence. The judge must consider the Sentencing Guidelines and the factors in 18 U.S.C. § 3553(a), including the person’s history and background. Family and friends can write letters; there is no limit on the background information a judge may consider (18 U.S.C. § 3661).
The appeal clock is short. A defendant’s notice of appeal is usually due within 14 days after the judgment is entered (Fed. R. App. P. 4(b)(1)(A)).
Prison phones and email are monitored. Don’t discuss the case on them (28 C.F.R. § 540.102).

How a federal criminal case works →

Questions about the Eastern District of Wisconsin

Where does the Eastern District of Wisconsin hold court?

In Milwaukee and Green Bay. Federal law lists Green Bay, Milwaukee and Oshkosh as places of holding court for the district's 28 counties (28 U.S.C. § 130(a)). The court's site lists courthouses at 517 E. Wisconsin Avenue in Milwaukee and 125 S. Jefferson Street in Green Bay.

Does the judge remind prosecutors to share favorable evidence?

Yes. Under Criminal L.R. 5 and Fed. R. Crim. P. 5(f), the judge in each criminal case must issue an order reminding the government of its duty under Brady v. Maryland, 373 U.S. 83 (1963), to disclose evidence favorable to the defense, and of the possible consequences of violating that order.

Can an out-of-state lawyer appear pro hac vice here?

No. General L.R. 83(c)(2)(E) says pro hac vice motions for admission are not permitted. A lawyer must be admitted to practice in this court, and the court may require a nonresident lawyer to work with local counsel (General L.R. 83(c)(3)).

Who represents people here who can't afford a lawyer?

The court can appoint a lawyer (18 U.S.C. § 3006A). In this district, appointed lawyers come from Federal Defender Services of Wisconsin, which has offices in Milwaukee and Green Bay, or from a panel of private lawyers the court approves.

Where do appeals from this court go?

To the U.S. Court of Appeals for the Seventh Circuit (28 U.S.C. §§ 41, 1294(1)). A defendant's notice of appeal is usually due within 14 days after the judgment is entered (Fed. R. App. P. 4(b)(1)(A)).

Sources

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Federal cases in the Eastern District of Wisconsin