Letter On Behalf of Steven Avery

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Case 2005CF000381 Document 1121 Scanned 05-31-2023 Page 1 of 2

May 24, 2023 filed


ATTN: Clerk of Courts
may 3 7 2023
Manitowoc County Clerk of Courts
1010 S 8th Street
Manitowoc, Wl 54220

Attention Manitowoc County Clerk of Courts,

This letter is sent on behalf of Steven Avery, a twice wrongfully incarcerated Wisconsin man who has had
his life stolen from him.

Steven Avery awaits a response from the Sheboygan Circuit Court Honorable Judge Angela Sutkiewicz1
regarding his most recent Second Amended Notice of Motion and Third Motion for Postconviction Relief
Pursuant to Wise. Stat 974.06 and 805.15. This motion was filed on January 24th, 2023. As of May 24th,
2023 there has been no response.

In accordance with SCR Chapter 70: Rules of Judicial Administration2 (pg. 282) cited in SCR 70.23
Assignment of circuit judges, the following is noted:

(2)... The chief judge by order may also assign an active judge of the judicial administrative district to
relieve congestion, to expedite disposition of litigation or to assist in any branch of circuit court in the
judicial administrative district.

Noted clearly in SCR 70.36 Judges' and circuit court commissioners' certification of status pending cases:

(1)
(a) Every judge of a circuit court shall decide each matter submitted for decision within 90 days
of the date on which the matter is submitted to the judge in final form, exclusive of the time the
judge has been actually disabled by sickness. If a judge is unable to do so, within 5 days of the
expiration date of the 90-day period the judge shall so certify in the record of the matter and
notify in writing the chief judge of the judicial administrative district in which the matter is
pending, and the period is thereupon extended for one additional period of 90 days. This
subsection applies to an assigned reserve judge.

(b) In the exercise of its superintending and administrative authority over all courts and upon
written request from a chief judge, the supreme court may extend the period specified in par.(a)
for decision in specific matters as exigent circumstances may require.

(2)

(a) Within the first 10 days of each month every judge of a circuit court shall execute and file
with the office of the director of state courts:

1. A certificate stating that there are no matters awaiting decision beyond the 90-day or,
if extended by certification and notification, the 180-day period specified in sub. (l)(a),

1 Sheboygan County Circuit Court Judges: Honorable Judge Angela Sutkiewicz

2 SCR Chapter 70: Rules of Judicial Administration SCR CHAPTER 70 (wicourts.gov)


Case 2005CF000381 Document 1121 Scanned 05-31-2023 Page 2 of 2

but if the 90-day period has been extended by certification and notification, a copy of
the certification and notification shall be attached to the certificate; or

2. If there are matters so pending, a certificate setting forth the name and docket
number of each of matter, the court in which it is pending, and the date on which it was
submitted to the judge in final form.

3. Certificates filed under subd. 1. or 2. shall be retained by the office of the director of
state courts for 10 years from the date of filing.

(b) The office of the director of state courts shall send a copy of certificates listing pending
matters to the chief judge of the judicial administrative district in which those matters are
pending and shall notify the chief judge of a judicial administrative district of the failure of a
judge within the district to file a certificate pursuant to this subsection.

(3) The director of state courts, pursuant to SCR 70.10, and the chief judge, pursuant to SCR 70.19(3)(a),
shall assign judges as needed or take other steps for the timely disposition of judicial business to assist a
judge who has filed a certificate under sub. (2)(a)2 or 3.

(4) Failure of a judge to comply with the requirements of sub. (l)(a) or sub. (2)(a) may result in one or
more of the following remedial measures:

(a) Change of the judge's assignment, pursuant to SCR 70.19(3)(a).

(b) Referral of the matter by the director of state courts to the supreme court for the initiation of
contempt proceedings.

(c) Referral of the matter by the director of state courts to the judicial commission for
investigation of possible misconduct.

Mr. Avery's reply to the state's response opposing a motion for an evidentiary hearing and
postconviction relief under Wis. Stat 974.06 was filed on 01-26-2023. The responsible official,
Sutkiewicz, Angela W., is obligated, per SCR 70.36, to follow the abovementioned procedure for all
pending cases.

The 90-day period has now lapsed—where then is the certification and notification as prescribed above?
Has the judge been disabled by sickness? Has the judge failed to comply with these requirements? If so,
what remedial measures have been recommended?

Respectfully on behalf of Steven Avery and his supporters across the world.

Mr. Avery requests a response directly to the following address:

Steven Avery 11122987


Fox Lake Correctional Institution
W10237 Lake Emily Rd
Fox Lake, Wisconsin 53933

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