Western District of Wisconsin Federal Court: Courthouse, Rules and Prisons

The U.S. District Court for the Western District of Wisconsin is the federal trial court for 44 counties in western Wisconsin, including Dane, Rock, Marathon, Eau Claire and La Crosse counties (28 U.S.C. § 130(b)). The court's site lists one courthouse, in Madison. Here is where the court sits, who prosecutes and defends cases there, and its local 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 Eau Claire, La Crosse, Madison, Superior and Wausau (28 U.S.C. § 130(b)). The court's site lists this courthouse:

Madison
U.S. District Court, 120 N. Henry Street. The court's jurisdiction page lists the district's 44 counties.

The court's site lists no courthouse in Eau Claire, La Crosse, Superior or Wausau. The charging papers and the docket show where a case is pending.

United States District Court for the Western 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 Western 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 a Madison office for this district, 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.

This court has five local rules, and none covers presentence reports, so the federal rule sets the schedule: 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)). Local Rule 2 (LR 72.1) lets magistrate judges here decide most pretrial matters. Motions to suppress evidence or to dismiss an indictment are excepted: a magistrate judge may hold the hearing and recommend a ruling, but a district judge decides.

Is Brandon Sample admitted in this court?

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

Which federal prisons are in this district?

Bureau of Prisons facilities in this district (bop.gov lists its judicial district as Western Wisconsin):

FCI Oxford
Low security. Oxford, Wisconsin.

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 Western District of Wisconsin

Where does the Western District of Wisconsin hold court?

The court's site lists one courthouse, at 120 N. Henry Street in Madison. Federal law lists Eau Claire, La Crosse, Madison, Superior and Wausau as places of holding court for the district's 44 counties (28 U.S.C. § 130(b)).

Who decides a motion to suppress evidence in this court?

A district judge. Under Local Rule 2 (LR 72.1) and 28 U.S.C. § 636(b)(1), magistrate judges may decide most pretrial matters, but not motions to suppress evidence or to dismiss an indictment. For those, a magistrate judge may hold a hearing and recommend findings, and the district judge makes the decision.

Does an out-of-state lawyer need local counsel here?

Not unless a judge orders it. Local Rule 1 (LR 83.5)(D) says nonresident lawyers need not retain local counsel unless a judge or magistrate judge specifically directs it. Any lawyer licensed by the highest court of a state or the District of Columbia is eligible for admission to this court's bar.

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 a Madison office, 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 Western District of Wisconsin