Commentary: Open letter to Wisconsin's appellate judges.

• Date: 06 December 2006
• Author: Herman, Gregg

Byline: Gregg Herman

In my last article, I offered some unsolicited advice to the incoming Wisconsin Legislature. Surprisingly, the lawmakers have yet to express their gratitude. In any event, to be fair, I thought I should likewise offer some unasked-for advice to appellate courts in family law cases.

Dear Appellate Courts:

If you have been reading this column over the years (evidently not), you are familiar with most of the following. Still, to synthesize the opinions of one practitioner: 1. Don't tie the hands of trial courts. Family law cases do not come in one-size-fits-all packages. What makes the practice of family law so interesting is the infinite variety of experiences. As a result, most appellate cases afford trial courts wide discretion to fashion remedies that fit the individual circumstances of the case. When an appellate court ties the hands of a trial court, it has the effect of trying to force a square peg into a round...