Deciding Cases on Authorities Not Cited by the Parties

Today’s Wisconsin Law Journal raises a neat issue: whether it’s appropriate for judges to conduct their own research and decide cases on authorities not cited by the parties. I know this is an issue that we’ve blogged on before and because of Semelhago v. Paramadevan Professor Swan feels strongly about the appropriateness of it..

The Wisconsin case (decided by the Court of Appeals) settled that it wasn’t improper for a circuit court to do independent research, since a competent judge has a duty to ensure the correct law is being applied.

The case is Camacho v. Trimble Irrevocable Trust, but the more interesting decision cited there is Hampton v. Wyant, 296 F.3d 560, 564-65 (7th Cir. 2002) a decision written by Judge Frank Easterbrook of the Seventh Circuit.