State Bar of Wisconsin | Headline News

Governor signs legislation on IRA conversion and retirement contribution changes

Fri, 19 Mar 2010 08:00:00 CDT

March 19, 2010 - Governor Jim Doyle has added his signature to 2009 Act 161, which adopts the federal Internal Revenue Code changes allowing Wisconsin residents to convert a tradition IRA to a Roth IRA, regardless of their income. Act 161 also adopts the federal defined contribution plan and IRA contribution limits for 2011. Without this change, Wisconsin’s contribution limits would have reverted to those in effect in 2001.

Joint Finance Committee allocates additional $1.4 million for prosecutors

Thu, 18 Mar 2010 08:00:00 CDT

March 18, 2010 – In a move supported by the State Bar of Wisconsin, the Legislature’s Joint Finance Committee has approved releasing an additional $1.4 million to support prosecutors around the state in an effort to ease the increased workload caused by a new law increasing penalties for driving while intoxicated.

Governor signs bill expanding public defender eligibility limits

Wed, 17 Mar 2010 08:00:00 CDT

March 17, 2010 – Gov. Jim Doyle has signed legislation expanding financial eligibility for the appointment of a public defender, achieving a major public policy goal of the State Bar of Wisconsin. The bill expands state financial eligibility for public defender representation from the antiquated 1987 AFDC limits to current W-2 limits, which generally are 115 percent of the federal poverty level.

Court of appeals reverses circuit court on treatment of pension payment in divorce

Tue, 16 Mar 2010 08:00:00 CDT

March 16, 2010 – In Kelly v. Kelly (2009AP852, Mar. 11, 2010), the Wisconsin Court of Appeals reversed and remanded the judgment of the Rock County Circuit Court on the disposition of property and a pension payment in divorce.

Wisconsin Supreme Court clarifies meaning of "cure" in contract breach

Fri, 19 Feb 2010 08:00:00 CDT

March 12, 2010 – In Volvo Trucks North America v. Wausau Truck Center, Inc., 2008AP1385 (March 11, 2010), the supreme court clarified the meaning of the word "cure" under the motor vehicle dealer statutes and found that a dealer had cured a breach of its dealer agreement in the requisite period of time.

Senior Lawyers Division honors Robert C. Skemp, La Crosse, for outstanding service to the profession and the community

Mon, 15 Mar 2010 08:00:00 CDT

March 15, 2010 – La Crosse Attorney Robert C. Skemp of Hale, Skemp, Hanson, Skemp & Sleik is the recipient of the Senior Lawyers Division 2010 Leonard L. Loeb Award. The award recognizes Skemp’s lifetime of exceptional contributions to the community and to the goal of justice for all Wisconsin citizens.

To tweet or not to tweet: Social media in Wisconsin's courts

Fri, 12 Mar 2010 08:00:00 CDT

March 12, 2010 — Wisconsin has yet to experience a mistrial caused by the misuse of the Internet or social media in its courts. Recent changes to jury instructions and court rules now limit the use of electronic equipment for communication or Internet access. Read more in the latest issue of WisBar InsideTrack.

Court of appeals affirms retroactive application of repealed statute

Thu, 11 Mar 2010 08:00:00 CDT

March 11, 2010 – The Wisconsin Court of Appeals, in State v. Barfell, No. 2009AP1568-CR (March 10, 2010), affirmed the Wisconsin rule that procedural statutes are to be applied retroactively in a case involving a sentencing appeal.

Bill to increase SPD private bar rate receives tie vote in committee

Wed, 10 Mar 2010 08:00:00 CDT

March 10, 2010 – Legislation that would increase the hourly rate for private bar state public defender appointments from $40 to $70 has received a tie vote in the Assembly’s Committee on Judiciary and Ethics.

Supreme Court unanimously votes to proceed with draft UPL rule

Tue, 09 Mar 2010 08:00:00 CDT

March 9, 2010 – The Wisconsin Supreme Court has voted unanimously to adopt in principle its draft version of the State Bar of Wisconsin’s 2007 petition regarding the unauthorized practice of law. The vote represents an important step toward adopting a workable definition of the practice of law and a mechanism to enforce that definition.

Uniform Power of Attorney legislation advances

Mon, 08 Mar 2010 08:00:00 CDT

March 9, 2010 – The state Assembly gave its approval by voice vote on March 4 to AB 704, a bill that would update Wisconsin’s durable power of attorney law. The revised law is intended to promote acceptance of durable powers of attorney and address problems in the current law that allow abuses.

Virtual law office: An option for lawyers in transition, new lawyers

Mon, 08 Mar 2010 08:00:00 CDT

March 8, 2010 — With unemployment in the United States still at record levels, and an unprecedented number of experienced, and new, lawyers searching for work, establishing a virtual law office or joining a virtual law firm is becoming a more attractive option. Read more in the latest issue of WisBar InsideTrack.

Assembly gives final passage to bill to expand public defender eligibility limits

Fri, 05 Mar 2010 08:00:00 CDT

March 5, 2010 – The state Assembly has given final passage to legislation expanding financial eligibility for the appointment of a public defender, sending the bill to Gov. Jim Doyle for his consideration.

Board of Governors updates prosecutor funding and staffing policy position

Thu, 04 Mar 2010 08:00:00 CDT

March 5, 2010 – Wisconsin residents may be surprised to learn that their local District Attorney (DA) and Assistant District Attorneys (ADAs) are state – not local – government employees. They might be even more surprised to learn about pending plans in Madison to reduce the number of prosecutors in counties across the state (on top of required furlough days for most of those who remain on the payroll).

U.S. Senate unanimously confirms William Conley’s nomination as federal judge

Fri, 05 Mar 2010 08:00:00 CDT

March 5, 2010 – The United States Senate has unanimously confirmed President Barack Obama’s appointment of Madison attorney William Conley to replace Judge Barbara Crabb in the Western District of Wisconsin.

Summary of Wisconsin Supreme Court oral arguments heard this month

Thu, 04 Mar 2010 08:00:00 CDT

March 4, 2010 – A number of Wisconsin Supreme Court cases are scheduled for oral argument in March. Read a summary of these cases.

State Bar announces candidates for Board of Governor seats

Thu, 04 Mar 2010 08:00:00 CDT

March 4, 2010 – Spring elections are only six weeks away. State Bar Districts 2, 4, 6, 8, 9, 10, 12, 14, and 16 will elect governors in 2010. The Board of Governors is the State Bar's policymaking body. Governors serve two-year terms. Find out who’s running.

Playing video statement at closing argument addressed by court of appeals

Wed, 03 Mar 2010 08:00:00 CDT

March 3, 2010 – In a case of first impression, the Wisconsin Court of Appeals denies a convicted sex offender’s motion for a new trial based on defense counsel’s failure to object to the prosecutor playing a child’s video statement during closing argument.

Only the Supreme Court can stop UPL in Wisconsin

Mon, 01 Mar 2010 08:00:00 CDT

March 1, 2010 – Over the last two months, a series of weekly articles published on Wisbar.org have detailed recent examples of possible unauthorized practice of law in Wisconsin and urged members of the State Bar of Wisconsin to contact the Wisconsin Supreme Court directly and voice their concerns.

Supreme Court to continue studying record retention and removal petition

Fri, 26 Feb 2010 08:00:00 CDT

Feb. 26, 2010 – The Wisconsin Supreme Court will continue studying a proposal by the State Bar of Wisconsin to provide guidance to circuit court judges when ordering certain case files expunged, removed from an online database or otherwise sealed.

State Bar recognizes two Eau Claire County judges for exceptional contributions to the justice system

Fri, 19 Feb 2010 08:00:00 CDT

Feb. 25, 2010 – Circuit Court Judge Benjamin Proctor and Reserve Judge Thomas Barland will receive the State Bar’s 2009 Judicial Achievement Awards at the State Bar Annual Convention in May. The Bench Bar Committee recognizes these jurists for their exceptional contributions to Wisconsin’s justice system.

Board of Governors discusses mandatory/voluntary bar report, takes other actions

Fri, 19 Feb 2010 08:00:00 CDT

Feb. 26, 2010 – At its meeting today, the State Bar's Board of Governors discussed a resolution drafted by the Strategic Planning Committee to petition the Wisconsin Supreme Court "to review the status of the integrated bar."

Ten Commandments for cross-examination helps lawyers make points, avoid gaffes

Wed, 24 Feb 2010 08:00:00 CDT

Feb. 24, 2010 — Irving Younger's landmark instructions for cross-examination are simple enough, but wording questions to draw the most effective answer and maintaining control over a troublesome witness's testimony are harder than they appear. Read more in the latest issue of WisBar InsideTrack.

Internet proves to be fertile ground for UPL in Wisconsin

Mon, 22 Feb 2010 08:00:00 CDT

Feb. 23, 2010 – The Internet is proving to be fertile ground for non-attorneys apparently engaged in the unauthorized practice of law, members of the State Bar of Wisconsin are saying.

Strategic Planning Committee forwards mandatory/voluntary bar report to Board of Governors

Mon, 22 Feb 2010 08:00:00 CDT

Feb. 22, 2010 – The state Supreme Court will take a fresh look at the State Bar of Wisconsin’s status as a mandatory association if the Board of Governors adopts a recommendation forwarded to it last week by the Strategic Planning Committee.

Court of Appeals reverses lower court where ex parte hearing entered as testimony

Mon, 22 Feb 2010 08:00:00 CDT

Feb. 22, 2010 – The Milwaukee County Circuit Court was clearly in error in allowing sworn testimony from a witness taken during an ex parte hearing to be introduced as testimony during a jury trial. In reversing and remanding for a new trial, the Court of Appeals found the defendant was denied his right to counsel and right to be present.

Credit where credit is due: Court of appeals reverses lower court on sentence credit

Fri, 19 Feb 2010 08:00:00 CDT

Feb. 19, 2010 – The court of appeals, in the recent decision State v. Brown, has reversed the Kenosha County circuit court for denying 285 days of sentence credit due an offender on parole hold in Illinois and confined in Wisconsin.

Consumer debt a rich opportunity for possible UPL operations in Wisconsin

Fri, 19 Feb 2010 08:00:00 CDT

Feb. 19, 2010 – As Wisconsin families struggle to emerge from the Great Recession of the last two years, businesses are emerging to exploit the financial difficulty many people have encountered as a result of the economic downturn.

One-year repeal of federal estate taxes creates ambiguity

Fri, 19 Feb 2010 08:00:00 CDT

Feb. 18, 2010 – There is an old saying that nothing is certain but death and taxes – but now Congress has found a way to cloak both in a fog of uncertainty, at least for estate planning purposes.

Senate passes bill to repeal 180-day notice limit for malpractice claims against state

Wed, 17 Feb 2010 08:00:00 CDT

Feb. 17, 2010 – In a preliminary victory for the State Bar of Wisconsin, the state Senate has approved a bill to eliminate the 180-day notice requirement for medical malpractice claims against state employees on a 26-7 bipartisan vote, sending the bill to the Assembly to await committee action and a floor vote in that house.

Meaning of ‘hit-and-run’ debated before Wisconsin Supreme Court

Tue, 16 Feb 2010 08:00:00 CDT

Feb. 16, 2010 – A case in which an unidentified driver stopped before leaving the accident scene prompted debate in oral arguments before the Wisconsin Supreme Court over the meaning of "run."

Court of appeals enforces test for issue preclusion, overturns lower court

Mon, 15 Feb 2010 08:00:00 CDT

Feb. 15, 2010 – The Wisconsin Court of Appeals, in a recent decision in Flooring Brokers, Inc. v. Florstar Sales, Inc., has re-enforced the standard test for issue preclusion and has had to remind a lower court that claims preclusion and issue preclusion are two different doctrines with different analyses.

Local governments around Wisconsin targeted by possible UPL operations

Wed, 10 Feb 2010 08:00:00 CDT

Feb. 10, 2010 – Approximately 10 to 15 local governments in Wisconsin have paid $1500 plus expenses in consulting fees to a non-attorney for a model land-use resolution of uncertain legal effect, according to a municipal attorney familiar with the issue.

Free CaseLaw Express service updates subscriber list; avoid service interruption; renew today

Thu, 11 Feb 2010 08:00:00 CDT

Feb 11, 2010 – More than 5,300 lawyers, judges, law office support staff, and court personnel subscribe to the State Bar’s CaseLaw Express™ free weekly email service. Each year, the State Bar asks CaseLaw Expresssubscribers to reconfirm their interest in receiving this service. Resubscribe now or join today to be sure you receive the next issue.

Justices to consider defendant's use of prior false allegations of sexual assault

Tue, 09 Feb 2010 08:00:00 CDT

Feb. 9, 2010 — After a girl accused her biological father of sexual assault, she claimed that the man who adopted her also improperly touched her. The state hopes this case will set a new standard for establishing falsity of prior allegations. Read more in the Feb. 3 issue of WisBar InsideTrack.

Court of appeals limits employer’s ability to avoid payments to employee

Mon, 08 Feb 2010 08:00:00 CDT

Feb. 8, 2010 – The Wisconsin Court of Appeals remanded a case in which an employee alleges her employer fired her merely to avoid paying benefits she earned before discharge. If true, the court found that agency law obliges the employer to pay.

Car Talk: Justices to consider when a motorist has 'run' from scene of accident

Fri, 05 Feb 2010 08:00:00 CDT

Feb. 5, 2010 — A motorist stopped to ask if he hurt a boy he hit with his car before driving away without providing identification after the boy said he was unharmed. The Wisconsin Supreme Court will hear oral arguments on Feb. 10 and decide whether hit-and-run insurance covers the boy when he subsequently discovered injuries.

Senate Judiciary Committee recommends Louis Butler as Western District judge

Thu, 04 Feb 2010 08:00:00 CDT

Feb. 4, 2010 – For the second time in two months, the Senate Judiciary Committee today recommended approval of President Barack Obama’s nomination of former Wisconsin Supreme Court Justice Louis Butler as a federal district court judge for the Western District of Wisconsin.

Illegal police search of cell phone does not invalidate conviction

Wed, 03 Feb 2010 08:00:00 CDT

Feb. 3, 2010 – The Wisconsin Supreme Court held that only legally obtained evidence served as a basis for a search warrant. But two dissenting justices questioned whether information learned from an illegal search actually influenced the police decision to seek a warrant and the magistrate’s decision to grant it.

Despite notario law, UPL operations targeting immigrants persist in Wisconsin

Tue, 02 Feb 2010 08:00:00 CDT

Feb. 2, 2010 – A Waukesha business targeting its services toward low-income Spanish-speaking immigrants raises questions about the effectiveness of a 2008 Wisconsin law intended to curb the abusive practices of some notarios who engage in the unauthorized practice of law.

Limit on evidence in drunk driving cases upheld

Tue, 02 Feb 2010 08:00:00 CDT

Feb. 2, 2010 – The Wisconsin Supreme Court rejected a defendant’s effort to introduce the results of a preliminary breath test he believed showed a blood alcohol content level below the legal limit. State law prohibits the use of those test results in drunk driving trials.

Creditors’ suit against corporate officers barred

Mon, 01 Feb 2010 08:00:00 CDT

Feb. 1, 2010 – The Wisconsin Court of Appeals urged the state supreme court to revisit its 2004 decision that prevents creditors from suing officers and directors for their mismanagement of an insolvent corporation.

Senate passes bill to expand public defender eligibility limits

Fri, 29 Jan 2010 08:00:00 CDT

Jan. 29, 2010 – The state Senate has approved legislation to expand financial eligibility for the appointment of a public defender on a 21-12 bipartisan vote, sending the bill to the Assembly to await a floor vote in that house.

Divorce makes easy target for UPL operators, Wisconsin-based website proves

Thu, 28 Jan 2010 08:00:00 CDT

Jan. 28, 2010 – An Internet-based divorce program – targeted at Wisconsin residents – appears to be yet another example of the unauthorized practice of law that members of the State Bar of Wisconsin have identified in recent months. It makes divorce sound so easy and inexpensive.

Each viewing of Internet site does not renew defamation cause of action

Wed, 27 Jan 2010 08:00:00 CDT

Jan. 27, 2010 – The Wisconsin Court of Appeals found an Internet posting is like a book or TV broadcast so that a defamation cause of action begins to accrue with its first appearance. Under the new rule, the court dismissed a defamation claim against sports announcer Bob Uecker and the Brewers baseball team.

Kohl, Feingold forward four names to President Obama for Seventh Circuit

Mon, 25 Jan 2010 08:00:00 CDT

Jan. 25, 2010 – Senators Herb Kohl and Russ Feingold have forwarded four names to President Barack Obama for his consideration in filling the seat on the Seventh Circuit Court of Appeals currently held by Judge Terence T. Evans, who is taking senior status.

Wisconsin Supreme Court adopts amended recusal rules

Fri, 22 Jan 2010 08:00:00 CDT

Jan. 22, 2010 – The Wisconsin Supreme Court clarified some language in the recusal rules it had first adopted last fall. Under the new rules, a judge is permitted to sit on cases involving their campaign contributors or sponsors of independent campaign spending.

Business guilty of UPL in Ohio now soliciting clients in Wisconsin with impunity

Wed, 20 Jan 2010 08:00:00 CDT

Jan. 22, 2010 — An Indiana trust mill that admitted last year to engaging in the unauthorized practice of law in Ohio is now actively soliciting clients in Wisconsin for its estate planning services.

Employment contract’s reimbursement provision upheld despite invalid non-compete clause

Thu, 21 Jan 2010 08:00:00 CDT

Jan. 21, 2010 – The Wisconsin Court of Appeals evaluated an employment contract under a long-standing test for the enforceability of contract clauses and a new test announced last year by the Wisconsin Supreme Court.

Family Justice Bill passes Senate, moves on to Assembly

Wed, 20 Jan 2010 08:00:00 CDT

Jan. 20, 2010 – The state Senate passed the Family Justice Bill, Senate Bill 203, on Jan. 19 on a voice vote, advancing the bill to the Assembly for a floor vote in that house. The Family Justice Bill would permit a parent to recover for the loss of society and companionship of an adult child whose injuries are the result of medical malpractice.

Taxation Law Section Requests Amicus Curiae Brief

Tue, 19 Jan 2010 08:00:00 CDT

Jan. 20, 2010 - Pursuant to Article VII, Section 2(a) of the State Bar of Wisconsin Bylaws, the Taxation Section has submitted a request to the Board of Governors for authorization to file an amicus curiae brief in the pending Wisconsin Supreme Court case of Metropolitan Associates, LP v. City of Milwaukee.

Court’s failure to ask defendant about right to testify remedied at evidentiary hearing

Tue, 19 Jan 2010 08:00:00 CDT

Jan. 19, 2010 – A court may belatedly determine the validity of a criminal defendant’s decision not to testify at an evidentiary hearing, said the Wisconsin Court of Appeals. The court disagreed that only a new trial can remedy the lack of a colloquy.

Alteration of drug prescription punishable under general forgery statute

Fri, 15 Jan 2010 08:00:00 CDT

Jan. 15, 2009 – The Wisconsin Court of Appeals examined the legal significance of a doctor’s prescription and found that it falls within the meaning of the general forgery statute.

Joint Finance approves bills to expand public defender eligibility limits

Thu, 14 Jan 2010 08:00:00 CDT

Jan. 14, 2010 – The Legislature’s Joint Finance Committee today approved two bills to expand financial eligibility for the appointment of a public defender on a 13-1 vote, making the bills available for floor votes in both the Assembly and the Senate.

Court of appeals probes scope of grandparent visitation rights

Thu, 14 Jan 2010 08:00:00 CDT

Jan. 14, 2009 – The Wisconsin Court of Appeals held that a family court may authorize grandparents to visit their grandchildren for periods of time as long as those granted by a physical placement order in a divorce.

Testing of man convicted of sexually assaulting daughter leads to new trial

Wed, 13 Jan 2010 08:00:00 CDT

Jan. 13, 2010 – The Wisconsin Court of Appeals remanded for a new trial the case of a man convicted of sexually assaulting his daughter on the basis of her testimony that she contracted herpes from him. Two tests following his trial showed he did not carry the herpes virus.

Case of independent paralegal raises UPL questions

Tue, 12 Jan 2010 08:00:00 CDT

Jan.13, 2010 – When retired Wisconsin Supreme Court Justice Jon Wilcox sat down recently for dinner in a local restaurant in central Wisconsin, he was surprised by a freelance paralegal’s advertisement on his placemat.

Meet the 2010 State Bar election officer candidates

Thu, 07 Jan 2010 08:00:00 CDT

Jan. 11, 2010 – The State Bar elects a president-elect, secretary, and Judicial Council member and all four divisions elect a president-elect in spring. Read the candidate statements.

The best connection to courts and colleagues; Wisconsin Lawyer Directory, it’s coming to your office soon

Tue, 12 Jan 2010 08:00:00 CDT

Jan. 12, 2010 – The 2010 Wisconsin Lawyer Directory, will arrive at your office soon. It’s not too late to order extra copies for your office staff. This 667-page directory has become a vital resource for Wisconsin legal professionals who use it to locate information not readily available from any other single source.

Wisconsin Supreme Court probes extent of police ‘community caretaker’ in oral arguments

Thu, 07 Jan 2010 08:00:00 CDT

Jan. 7, 2010 – The Wisconsin Supreme Court considered whether police, acting in a noninvestigatory role, can enter a residence believed to be a drug house without a warrant to check on the occupants’ wellbeing.

Justices inquire into implications of reinstating lawyer to represent client after lawyer’s illegal discharge

Wed, 06 Jan 2010 08:00:00 CDT

Jan. 6, 2010 – The Wisconsin Supreme Court held oral arguments testing whether federal anti-discrimination laws trump a corporate client’s right to choose an attorney.

Family court commissioner work could disqualify lawyer from guardian ad litem advocacy, ethics opinion finds

Tue, 05 Jan 2010 08:00:00 CDT

Jan. 5, 2010 – If a county hires a lawyer to serve as both a family court commissioner and as a guardian ad litem, the two roles could conflict, according to a new opinion from the State Bar’s Professional Ethics Committee.

Court of appeals urges inclusion of finality statements in orders resolving disputes

Mon, 04 Jan 2010 08:00:00 CDT

Jan. 4, 2010 – The Wisconsin Court of Appeals reminds judges and litigants of the need to include an explicit statement indicating that an order or judgment is final for purposes of appeal. If an order is ambiguous without that statement, the court will resolve it in favor of preserving the appeal.

Employers needed for summer clerkship program, deadline to enroll is Jan. 15

Thu, 31 Dec 2009 08:00:00 CDT

Dec. 31, 2009 – Law firms, corporate legal departments, and government agencies can provide summer employment and valuable legal experience to first-year law students of diverse backgrounds by participating in the 2010 State Bar Diversity Clerkship Program.

Retention of counsel no longer bars police interrogation, says court of appeals

Wed, 30 Dec 2009 08:00:00 CDT

Dec. 30, 2009 – The Wisconsin Court of Appeals held that a defendant’s incriminating statements are not excluded under the Sixth Amendment following the U.S. Supreme Court’s recent reinterpretation of the right to counsel.

Woman liable for injury caused by houseguest’s dog, Wisconsin Supreme Court says

Wed, 30 Dec 2009 08:00:00 CDT

Dec. 30, 2009 – The Wisconsin Supreme Court says that one who provides shelter for another person’s dog falls within the statute imposing strict liability for the animal’s harm to others.

Detaining person with handcuffs requires facts indicating threat to officer

Tue, 29 Dec 2009 08:00:00 CDT

Dec. 29, 2009 – The Wisconsin Court of Appeals held that handcuffs elevate the intrusiveness of a detention, increasing the state’s burden of showing the detention was reasonable. The court also held consent to search a room does not extend to containers over which there is no common authority.

Young Lawyers Division and State Bar staff organize food drives

Wed, 06 Jan 2010 08:00:00 CDT

Dec. 24, 2009 – Donations to Wisconsin food pantries are at a 10-year low and demand for food is up 30 percent over 2008. The State Bar's Young Lawyers Division invites the legal community to donate food electronically to those in need. State Bar staff delivered 442 pounds of donations to local agency.

Five things lawyers need to know about trust account rule changes, effective Jan. 1

Wed, 23 Dec 2009 08:00:00 CDT

Dec. 23, 2009 – Effective Jan. 1, Interest on Lawyers’ Trust Accounts (IOLTA) must be held at financial institutions that pay interest rates on IOLTA accounts that are at least as high as the rates it pays to non-IOLTA customers holding like accounts.

High school students prepare for We the People competition in early January

Mon, 21 Dec 2009 08:00:00 CDT

Dec. 21, 2009 — High school students from three Wisconsin communities will spend part of their Christmas break preparing to participate in mock Congressional hearings. The We the People: The Citizen and the Constitution program will be held in the State Capitol on Jan. 8, 2010.

State Bar president-elect candidates name most important issue of campaign

Thu, 17 Dec 2009 08:00:00 CDT

Dec. 17, 2009 — Milwaukee attorneys James M. Brennan, Sarah "Sally" Fry Bruch, Margaret Wrenn Hickey, and Jay A. Urban discuss the merits of voluntary and mandatory bar membership and the need for better delivery of services to lawyers, among other issues. Read their comments in the Dec. 16 issue of WisBar InsideTrack.

Strategic Planning Committee hears testimony on mandatory/voluntary Bar issue

Wed, 16 Dec 2009 08:00:00 CDT

Dec. 16, 2009 – Members of the State Bar’s Strategic Planning Committee (SPC) heard testimony Dec. 10 – 12 from over two dozen colleagues, including several former State Bar presidents, over three days of public hearings regarding the mandatory/voluntary State Bar membership study.

Resignation not coerced when employee told to quit or be fired, court of appeals says

Wed, 16 Dec 2009 08:00:00 CDT

Dec. 16, 2009 – The Wisconsin Court of Appeals said the employee’s dilemma did not amount to a constructive discharge when the employer did not harass the employee so severely as to force the employee to quit.

State Bar urges Joint Finance to support expanded public defender eligibility limits

Wed, 16 Dec 2009 08:00:00 CDT

Dec. 16, 2009 – The State Bar of Wisconsin is urging the Legislature’s Joint Finance Committee to approve two bills to expand financial eligibility for the appointment of a public defender.

Proposed amendments to Rules of Civil Procedure address electronic discovery

Mon, 14 Dec 2009 08:00:00 CDT

Dec. 14, 2009 – Proposed amendments to the Wisconsin Rules of Civil Procedure recognize the significance of electronically stored information in the discovery process. The amendments encourage early participation by the court and the parties in addressing discovery issues.

Senate Judiciary Committee recommends approval of Conley nomination

Tue, 15 Dec 2009 08:00:00 CDT

Dec. 15, 2009 – The Senate Judiciary Committee has voted unanimously to recommend confirmation of President Barack Obama’s nomination of Madison attorney William Conley to replace Judge Barbara Crabb in the Western District of Wisconsin.

Federal court rejects challenge to State Bar public image campaign

Tue, 15 Dec 2009 08:00:00 CDT

Dec. 15, 2009 – Three attorneys argued that their First Amendment rights were violated when the State Bar of Wisconsin used mandatory dues to fund an advertising campaign to improve public perception of lawyers. A federal district court disagreed.

Travel ban against people with HIV/AIDS ends, brings big changes to immigration law

Fri, 11 Dec 2009 08:00:00 CDT

Dec. 11, 2009 — A travel and immigration ban against people with HIV/AIDS has existed since the earliest days of the pandemic. President Barack Obama has directed the ban to cease on Jan. 4. Immigration law is just one of the practice areas to be affected. Read more in the Dec. 2 issue of WisBar InsideTrack.

Wisconsin Supreme Court to consider reach of police ‘community caretaker’ as warrant exception

Thu, 10 Dec 2009 08:00:00 CDT

Dec. 10, 2009 — An anonymous tip led police to a home that police suspected to be a drug house. Prosecution argues officers' warrantless entry occurred in their roles as community caretakers. Defendant says police went too far. Read more in the latest issue of WisBar InsideTrack.

Duty of loyalty to employer not restricted to officers or policy-making employees

Tue, 08 Dec 2009 08:00:00 CDT

Dec. 8, 2009 – The Wisconsin Court of Appeals said an employee could be considered “key” to the employer’s business so that the employee breaches a duty of loyalty by harming the employer’s interests while performing assigned job tasks.

Wisconsin Supreme Court withdraws earlier vote on recusal rules

Mon, 07 Dec 2009 08:00:00 CDT

Dec. 7, 2009 – In October, justices voted 4-3 to adopt petitions as written to permit a judge to sit on a case involving campaign contributors or those who made independent expenditures to influence the race. Subsequently, the court realized the need to amend the petitions.

Board of Governors adopts policy position reaffirming the essential role of defense attorneys in the criminal justice system

Fri, 04 Dec 2009 08:00:00 CDT

Dec. 4, 2009 - Criminal defense lawyers ensure justice in an adversarial legal system with their undivided loyalty and zealous advocacy for their clients.

Former State Bar President Gary Sherman appointed to Wisconsin Court of Appeals

Mon, 07 Dec 2009 08:00:00 CDT

Dec. 7, 2009 – Former State Bar of Wisconsin President Gary E. Sherman has been appointed by Gov. Jim Doyle to fill the seat of retiring Judge Burnie Bridge on the District IV Court of Appeals, effective in January.

Milwaukee lawyers run for president-elect and Judicial Council posts; nonresidents vie for secretary

Fri, 04 Dec 2009 08:00:00 CDT

Dec. 4, 2009 – The Nomination Committee announced its slate of candidates for the 2010 State Bar officer elections at today’s Board of Governors meeting in Madison. This year’s race includes eight Milwaukee attorneys and three nonresident members.

Board of Governors calls on Supreme Court to approve UPL petition

Fri, 04 Dec 2009 08:00:00 CDT

Dec. 4, 2009 – The Board of Governors today unanimously approved a resolution calling on the Wisconsin Supreme Court to adopt the State Bar of Wisconsin’s 2007 petition regarding the unauthorized practice of law among other business.

Crabb decertifies class challenging diploma privilege

Thu, 03 Dec 2009 08:00:00 CDT

Dec. 3, 2009 – Federal District Judge Barbara Crabb expressed doubts that counsel could adequately represent the class of all out-of-state law school graduates who seek a Wisconsin law license on the same terms as graduates of in-state law schools.

Governor signs bill allowing higher property exemptions levels in Wisconsin

Thu, 03 Dec 2009 08:00:00 CDT

Dec. 3, 2009 – Gov. Jim Doyle recently added his signature to SB 259, creating 2009 Act 80, which increases exemption levels for property that individuals can keep from execution (seizure) by judgment creditors or a bankruptcy trustee.

Court of appeals addresses when party can testify in civil suit after first claiming Fifth Amendment

Wed, 02 Dec 2009 08:00:00 CDT

Dec. 2, 2009 – The Wisconsin Court of Appeals instructs trial courts to consider the facts of each case and the harm caused to the opponent when a party seeks to withdraw an earlier assertion of the Fifth Amendment.

State Bar 2009 Annual Report: Advancing the legal profession and the justice system

Wed, 02 Dec 2009 08:00:00 CDT

Dec. 2, 2009 — Read about the State Bar's efforts over the past year to provide resources to help lawyers thrive in today's legal and economic environment in the 2009 State Bar Annual Report. The report is available in digital format in today’s issue of WisBar InsideTrack.

State Bar lauds signing of landmark Impartial Justice Bill

Tue, 01 Dec 2009 08:00:00 CDT

Dec. 1, 2009 – Governor Jim Doyle signed the Impartial Justice Bill into law today, putting the finishing touches on the most significant judicial election reform in several decades. The legislation, Senate Bill 40, will greatly increase public financing for Wisconsin Supreme Court campaigns.

State Bar sections gear up for end-of-session rush

Tue, 01 Dec 2009 08:00:00 CDT

Dec. 1, 2009 – Many practice sections of the State Bar of Wisconsin are preparing for an expected flurry of lobbying activity next year prior to the state Legislature’s planned spring adjournment. These preparations follow the recent conclusion of the regular fall 2009 legislative floor period and the close of a highly productive lobbying year for the State Bar.

President nominates James Santelle as U.S. Attorney for Eastern District of Wisconsin

Tue, 01 Dec 2009 08:00:00 CDT

Dec. 1, 2009 – President Barack Obama has nominated James Santelle as U.S. Attorney for the Eastern District of Wisconsin. Santelle currently serves in the Eastern District as an Assistant U.S. Attorney.

Detainer found by its effect, not by its particular name

Mon, 30 Nov 2009 08:00:00 CDT

Nov. 30, 2009 – The Wisconsin Court of Appeals held that whether the state calls notice of a prisoner’s pending charges a “detainer” or not, a reviewing court will find one according to its effect.

Contract contingent on home seller’s effort to get different house not void in context

Mon, 30 Nov 2009 08:00:00 CDT

Nov. 30, 2009 – The Wisconsin Court of Appeals said a contract for the purchase of a home is not illusory or indefinite when conditioned on the sellers’ success in obtaining another residence “of their choice,” considering the circumstances of the deal.

Detaining person with handcuffs requires facts indicating threat to officer

Tue, 29 Dec 2009 08:00:00 CDT

Supreme Court sets 2010 schedule of rule-making proceedings

Mon, 23 Nov 2009 08:00:00 CDT

Nov. 23, 2009 – The Wisconsin Supreme Court has set its initial schedule of rule-making proceedings for the winter and spring of 2010, scheduling for public hearings most of the seven rules petitions still currently pending before the court.

Justice Ann Walsh Bradley calls for nominations to recognize exceptional Wisconsin judges

Fri, 20 Nov 2009 08:00:00 CDT

Nov. 20, 2009 – “Day in and day out, our judges work on the front lines of our judicial system,” says Justice Ann Walsh Bradley. “It’s a challenging, rewarding, and tough job – often times without a lot of recognition.” Watch a video in WisBar InsideTrack calling for nominations for 2009 judicial award nominations. Nominate a judge today.

Court costs limited to those specified by Legislature

Thu, 19 Nov 2009 08:00:00 CDT

Nov. 19, 2009 – Wisconsin Attorney General J.B. Van Hollen finds that municipal courts may not charge a separate fee for each warrant or commitment order issued in a single proceeding. But the court may recover costs for each warrant and commitment order successfully served or executed by municipal employees – even if more than one is served or executed in a single municipal court action.

Admissible evidence at hearing to commit ‘sexually violent person’ greater than at criminal trial, court of appeals says

Wed, 18 Nov 2009 08:00:00 CDT

Nov. 18, 2009 – The Wisconsin Court of Appeals rejected due process arguments that the evidentiary rules at a civil commitment hearing should be as restrictive as those of a criminal trial.

Wills for Heroes: Volunteer attorneys prepare to help first responders

Tue, 17 Nov 2009 08:00:00 CDT

Nov. 17, 2009 – To support Wisconsin’s first responders who are prepared to pay the ultimate price in the line of duty, a group of volunteers from several groups and organizations have worked with the State Bar pro bono program to launch the Wisconsin Wills for Heroes program. The program offers free preparation of basic estate planning documents.

Commission makes recommendations for United States Court of Appeals for the Seventh Circuit

Mon, 16 Nov 2009 08:00:00 CDT

Nov. 16, 2009 – Today the Federal Nominating Commission announced its recommendations for the pending vacancy on the United States Court of Appeals for the Seventh Circuit. The opening results from Judge Terence T. Evans’ announcement in July that he will be taking senior status in January 2010.

Ten Tips for working with court interpreters

Fri, 13 Nov 2009 08:00:00 CDT

Nov. 13, 2009 — Wisconsin ranks third in the nation for its Hmong population, while refugees from Bhutan, Myanmar, and Iraq are recent arrivals. Given this population shift, the legal system has seen a dramatic increase in the need for interpreter services. Learn more in the Nov. 4 issue of WisBar InsideTrack.

Board of Bar Examiners names Rothstein to serve as new director

Thu, 12 Nov 2009 08:00:00 CDT

Nov. 12, 2009 – Madison lawyer Jacquelynn Rothstein will begin work on Jan. 4 as the Board of Bar Examiners director. The new director is expected to lead the board through reforms of continuing legal education accreditation and a review of the bar exam.

State Bar celebrates a year of legislative victories as fall session ends

Wed, 11 Nov 2009 08:00:00 CDT

Nov. 11, 2009 – The Wisconsin Legislature concluded its regular fall 2009 floor period on Nov. 6, drawing to a close a highly productive lobbying year for the State Bar of Wisconsin.

Veterans treatment courts offer a second chance for vets in criminal justice system

Wed, 11 Nov 2009 08:00:00 CDT

Nov. 11, 2009 – Veterans Day is observed across America each year to honor the past service and sacrifices made by the nation’s nearly 25 million military veterans. But in Wisconsin, Veterans Day 2009 offers an opportunity to look forward to the benefits of a new court program shaped by the state’s legal community and others to respond to the unique needs of combat veterans processing through the criminal justice system.

Justices consider whether public employees’ personal emails subject to open records law

Tue, 10 Nov 2009 08:00:00 CDT

Nov. 10, 2009 – In oral arguments before the Wisconsin Supreme Court, justices probed the extent to which the state’s open records law excludes materials that do not relate to public business.

Legislature passes Impartial Justice Bill; Governor expected to sign

Fri, 06 Nov 2009 08:00:00 CDT

Nov. 6, 2009 – Accomplishing a major public policy goal of the State Bar of Wisconsin, both houses of the Wisconsin Legislature passed the Impartial Justice Bill on Nov. 5, sending the legislation to Governor Doyle, who has said publicly he will sign it into law.

FTC announces delay of ‘red flags’ rule until June 1, 2010

Fri, 06 Nov 2009 08:00:00 CDT

Nov. 6, 2009 – Anti-identity theft rules originally scheduled to go into effect on May 1 have been delayed again at the request of members of Congress, says the Federal Trade Commission.

Crabb considers decertifying class challenging Wisconsin’s ‘diploma privilege’

Thu, 05 Nov 2009 08:00:00 CDT

Nov. 5, 2009 – In an order denying a plaintiffs’ motion for partial summary judgment, U.S. District Judge Barbara Crabb suggested the class of plaintiffs challenging the constitutionality of Wisconsin’s diploma privilege may be decertified.

Supreme Court: Non-resident members can serve as certain State Bar officers

Wed, 04 Nov 2009 08:00:00 CDT

Nov. 4, 2009 – Following a public hearing on Nov. 2, the Wisconsin Supreme Court approved petition 09-06, which the State Bar filed this summer to amend Supreme Court Rule 10.04(1) to permit non-resident members of the State Bar to hold office as treasurer, secretary and chairperson of the Board of Governors.

Chief Justice highlights new creative court programs in State of the Judiciary

Wed, 04 Nov 2009 08:00:00 CDT

Nov. 4, 2009 – In her 2009 State of the Judiciary Address Chief Justice Shirley Abrahamson highlighted eight justice-related initiatives recently undertaken in Wisconsin counties. The programs, addressing drug, veteran, foreclosure mediation, tribal relations, child welfare, mental health, court interpreter, and substance abuse issues “demonstrate our creativity and commitment, and all foretell success in the years ahead.”

Justices seek measure of ‘marriage amendment’ purpose during oral arguments

Tue, 03 Nov 2009 08:00:00 CDT

Nov. 3, 2009 – The Wisconsin Supreme Court considered whether the 2006 “marriage amendment” ballot measure presented voters with more than one question in violation of the state constitution.

Ten Tips for working with court interpreters

Fri, 13 Nov 2009 08:00:00 CDT

WisLAP monitoring program gets nod from Wisconsin Supreme Court

Tue, 03 Nov 2009 08:00:00 CDT

Nov. 3, 2009 – The Wisconsin Supreme Court unanimously approved a petition to permit the Office of Lawyer Regulation to refer to the Wisconsin Lawyer Assistance Program those attorneys whose work is affected by alcoholism, depression, or other conditions.

Supreme Court approves State Bar petition regarding classes of membership

Mon, 02 Nov 2009 08:00:00 CDT

Nov. 2, 2009 – The Wisconsin Supreme Court has unanimously approved a rule-making petition filed by the State Bar of Wisconsin to clarify the class of judicial membership in the Bar.

WisBar InsideTrack receives national award of excellence

Fri, 30 Oct 2009 08:00:00 CDT

Oct. 30, 2009 – WisBar InsideTrack earned the top Luminary Award for Excellence in Electronic Publications from the National Association of Bar Executives for excellence in writing, editing, and design in meeting the needs of the publication’s targeted legal audience.

Ruling bars application of FTC 'Red Flags Rule' to legal profession

Thu, 29 Oct 2009 08:00:00 CDT

Oct. 29, 2009 – The American Bar Association today welcomed a ruling by the U.S. District Court for the District of Columbia barring the Federal Trade Commission from applying its Red Flags Rule.

Chief Justice urges Wisconsin lawyers to celebrate National Pro Bono week

Thu, 29 Oct 2009 08:00:00 CDT

Oct. 29, 2009 – Chief Justice Shirley Abrahamson has a special message for Wisconsin lawyers as part of the National Pro Bono celebration, “However you have chosen to serve, what you do makes a difference. Equal justice under the law – one person, one case at a time. Everyone can contribute.” Take part in the celebration, learn about pro bono opportunities near you.

Recusal not required on account of campaign contribution, independent expenditure of party to proceedings

Wed, 28 Oct 2009 08:00:00 CDT

Oct. 28, 2009 – In a 4-3 vote, the Wisconsin Supreme Court voted to adopt petitions amending the Code of Judicial Conduct so that the receipt of a campaign contribution or an independent expenditure by a party to the proceedings does not require a judge’s recusal.

State Bar announces interruption of some website functions

Thu, 29 Oct 2009 08:00:00 CDT

Oct. 29, 2009 – As a security measure, the State Bar has disabled the hyperlinks in past emails for WisBar InsideTrack, select section electronic newsletters, and State Bar promotional materials. Future emails will not be affected. Additionally, the State Bar has suspended its elist archives and digest function.

New State Bar member benefit simplifies client billing with online payment option

Wed, 28 Oct 2009 08:00:00 CDT

Oct. 28, 2009 – Most people pay at least some of their bills electronically. The State Bar’s newest member benefit offers attorneys the capability to extend electronic payment options to their clients. Attorneys can add a simple link to their client emails or their firm website making it easy for clients to pay their bills with a single click.

Bill shielding some lawyers from FTC ‘red flag rule’ headed to Senate

Tue, 27 Oct 2009 08:00:00 CDT

Oct. 27, 2009 – Following the U.S. House of Representative’s 400-to-zero vote in favor of a bill to exclude some lawyers from the Federal Trade Commission’s anti-identity theft rules, the legislation heads to the Senate.

Court to tackle recusal issue and other rules petitions

Tue, 27 Oct 2009 08:00:00 CDT

Oct. 27, 2009 – The Wisconsin Supreme Court kicks off three days of rule-making hearings this week and next on a total of ten pending rules petitions, starting with testimony on judicial recusal related to campaign contributions. On Oct. 28, the court will hold a public hearing and open administrative conference at 9:30 a.m. on four petitions relating to recusal: 08-16, 08-25, 09-10 and 09-11.

Celebrate Pro Bono! Wisconsin joins national celebration

Mon, 26 Oct 2009 08:00:00 CDT

Oct. 26, 2009 – Take part in National Pro Bono Celebration activities, Oct. 25-31, to recognize the service that so many lawyers provide for the public good. The State Bar of Wisconsin is helping to sponsor this celebration and to support related events in Wisconsin. Find out what’s happening around the state, and learn about pro bono opportunities near you.

Justices seek standard to judge offensive racial remarks during oral arguments in ‘baby mama’ case

Thu, 22 Oct 2009 08:00:00 CDT

Oct. 22, 2009 – The Wisconsin Supreme Court also asked whether a defendant should demonstrate that a judge’s offensive comments affected the sentence imposed.

Follow the State Bar on Facebook for legal developments affecting your practice

Tue, 20 Oct 2009 08:00:00 CDT

Oct. 20, 2009 – State Bar of Wisconsin is using new communications tools to update members and the public on its programs and services and to recognize legal professionals who are making a difference in their communities. Please take a moment to become a fan of our Facebook page and follow us on Twitter too.

Justice Prosser encourages new lawyers to build a career of service to others and to the rule of law

Tue, 20 Oct 2009 08:00:00 CDT

Oct. 20, 2009 – Eighty-three lawyers were admitted by exam to practice in Wisconsin on Monday, Oct. 19.

State Bar’s ADR section tells lawmakers proposed mediation for home foreclosure raises issues

Tue, 20 Oct 2009 08:00:00 CDT

Oct. 20, 2009 – The Alternative Dispute Resolution Section submitted testimony to lawmakers considering a bill to grant distressed homeowners a right to mediation in foreclosure. The section sought to ensure the mediator remains neutral in whatever procedure lawmakers adopt.

State Bar seeks candidates for officer, district governor, and division posts in 2010 elections

Mon, 19 Oct 2009 08:00:00 CDT

Oct. 19, 2009 – The State Bar will elect a president-elect, a secretary, and a Judicial Council representative in 2010. Please consider contributing your time and expertise as an officer, Board of Governors representative, or a division officer.

October rallies to be held around Wisconsin in support of Impartial Justice Bill

Fri, 16 Oct 2009 08:00:00 CDT

Oct. 16, 2009 – State-wide rallies are scheduled for Oct. 19, 22, and 27 in support of the Impartial Justice Bill, Senate Bill 40 and Assembly Bill 65.

Individual Rights and Responsibilities Section fights felon disenfranchisement

Thu, 15 Oct 2009 08:00:00 CDT

Oct. 15, 2009 – The State Bar of Wisconsin’s Individual Rights and Responsibilities Section is supporting legislation to restore voting rights to certain felons who are not incarcerated but are still on probation, parole or extended supervision.

Court-appointed indigent defense lawyers may file no-merit reports under statute referring to SPD

Wed, 14 Oct 2009 08:00:00 CDT

Oct. 14, 2009 – The Wisconsin Court of Appeals examined the statute enabling State Public Defender-appointed lawyers to file no-merit reports and found it does not exclude court-appointed indigent defense attorneys.

Court of appeals clarifies rule governing life insurance stipulations in divorce agreements

Tue, 13 Oct 2009 08:00:00 CDT

Oct. 13, 2009 – In 1989, the Wisconsin Court of Appeals held that an insurance provision in a divorce stipulation had to be “support related” if a court imposed a constructive trust over the insurance proceeds. Recently, the court of appeals limited its ruling to the facts of that case.

Public Interest Law Section advocates payday loan interest limits

Mon, 12 Oct 2009 08:00:00 CDT

Oct. 12, 2009 – The State Bar of Wisconsin’s Public Interest Law Section told a joint legislative hearing Wednesday it favors legislation to cap interest rates charged by payday loan operations.

Administrative offices of the state court system to be closed Oct. 12

Fri, 09 Oct 2009 08:00:00 CDT

Oct. 9, 2009 - Consistent with many other state offices, the Director of State Courts Office and other Madison-based administrative offices of the state court system will be closed on Monday, Oct. 12, 2009 due to state-employee furloughs.

Back pay may be recovered for more than work actually performed, court of appeals says

Thu, 08 Oct 2009 08:00:00 CDT

Oct. 8, 2009 – Reinstating a Milwaukee police officer’s lawsuit for back pay and benefits, the Wisconsin Court of Appeals disagreed with the circuit court’s statutory interpretation restricting claims to those arising from work actually performed.

State Bar supports expanded public defender eligibility limits at joint hearing

Wed, 07 Oct 2009 08:00:00 CDT

Oct. 7, 2009 – Two legislative committees heard testimony Tuesday in favor of two bills to expand financial eligibility for the appointment of a public defender.

Church’s custodian residence is not tax exempt, says Wisconsin Court of Appeals

Tue, 06 Oct 2009 08:00:00 CDT

Oct. 6, 2009 – The Wisconsin Court of Appeals refused to expand the scope of a statutory tax exemption for the church-owned residences of religious leaders to include a custodian.

State Bar seeks insights on mandatory/voluntary bar issue

Tue, 06 Oct 2009 08:00:00 CDT

Oct. 6, 2009 – Members of the State Bar of Wisconsin have been invited to voice their reasons for favoring a mandatory or a voluntary association between now and Dec 4.

License suspension under Illinois ‘zero tolerance’ law no basis for OWI enhancement in Wisconsin, court of appeals says

Mon, 05 Oct 2009 08:00:00 CDT

Oct. 5, 2009 – An analysis of Illinois’ “zero tolerance” law reveals differences with the drunk driving statutory scheme. Accordingly, a “zero tolerance” license suspension does not count as a prior conviction for a prosecution of operating while intoxicated.

Court of appeals rejects claim that 17-year-olds fall outside statute punishing contribution to child delinquency

Fri, 02 Oct 2009 08:00:00 CDT

Oct. 2, 2009 – The Wisconsin Court of Appeals rejected an inmate's claim that he did not contribute to the delinquency of a child because the 17-year-old girl to whom he gave a lethal dose of drugs was too old.

Police ‘caretaker function’ no basis to preserve evidence in non-emergency warrantless search

Thu, 01 Oct 2009 08:00:00 CDT

Oct. 1, 2009 – The Wisconsin Court of Appeals considered the limits of the community caretaker function invoked in connection with a non-emergency search of the defendant’s duffel bag.

Governmental immunity no bar to negligence suit against teacher in science class mishap

Wed, 30 Sep 2009 08:00:00 CDT

Sept. 30, 2009 – The Wisconsin Court of Appeals held that a science teacher’s failure to take precautionary measures following earlier student injuries defeated the school district’s governmental immunity against alleged negligent instruction regarding dissection scalpels.

Sanctions for violating scheduling order imposed despite lack of contemporaneous objection

Wed, 30 Sep 2009 08:00:00 CDT

Sept. 30, 2009 – The Wisconsin Court of Appeals upheld sanctions against GEICO Indemnity Co. although no objection was made at the time the insurance company disregarded the circuit court’s instruction to present a representative for mediation.

Petition filed with Wisconsin Supreme Court aims to extend ‘diploma privilege’ to out-of-state law school grads

Tue, 29 Sep 2009 08:00:00 CDT

Sept. 29, 2009 – Attorney Steve Levine filed a petition with the Wisconsin Supreme Court to grant a law license to graduates of all ABA-approved law schools without a bar examination.

Federal Nominating Commission receives 11 applications for vacancy on Court of Appeals for the Seventh Circuit

Tue, 29 Sep 2009 08:00:00 CDT

Sept. 29, 2009 – Eleven applications have been received by the Wisconsin Federal Nominating Commission to fill the vacancy on the United States Court of Appeals for the Seventh Circuit. The opening results from Judge Terence T. Evans’ announcement in July that he will be taking senior status in January 2010. The following individuals have applied for the post:

Backdating documents: Not necessarily the stuff of scandal

Thu, 24 Sep 2009 08:00:00 CDT

Sept. 25, 2009 — Business lawyers can ensure they accurately memorialize legally significant events without placing themselves or their clients at risk by following certain best practices recommendations. Backdating is not always the stuff of scandal. Find out more in the most recent issue of WisBar InsideTrack.

Only three days left to join the Lawyer-to-Lawyer network

Mon, 28 Sep 2009 08:00:00 CDT

Sept. 28, 2009 – Networking and referrals can become particularly helpful during an economic downturn. There are just two days left to join a network of more than 700 attorneys who share their knowledge in particular areas of law with other lawyers through free, brief telephone consultations.

Business can’t start nonconforming use in anticipation of zone change, court of appeals says

Thu, 24 Sep 2009 08:00:00 CDT

Sept. 24, 2009 – The Wisconsin Court of Appeals interpreted the statute shielding property uses lawful prior to a zone change, finding that a club operator can’t start offering adult entertainment when he knows the county is about to regulate that activity.

Employee’s conspiratorial acts against employer not imputed to employer, says court of appeals

Tue, 22 Sep 2009 08:00:00 CDT

Sept. 22, 2009 – A company attributing its bankruptcy to an employee’s collusion with its rivals is not barred from recovery by the principle of respondeat superior, the Wisconsin Court of Appeals held.

State Bar faces busy year with Supreme Court rule-making

Mon, 21 Sep 2009 08:00:00 CDT

Sept. 21, 2009 – The Wisconsin Supreme Court kicked off a busy year of rule-making proceedings on Sept. 10, holding a public hearing on and immediately approving a petition filed last year by the Board of Bar Examiners to create authority in the Supreme Court rules for the electronic filing of CLE reports.

Twitter StateBarofWI for legal developments affecting your practice

Mon, 21 Sep 2009 08:00:00 CDT

Sept. 21, 2009 – The State Bar of Wisconsin now has a presence on Twitter. Visit StateBarofWI for recent court and legislative developments, as well as State Bar news.

Abrahamson argues merits of judicial elections outweigh those of appointment system

Fri, 18 Sep 2009 08:00:00 CDT

Sept. 18, 2009 – Wisconsin Supreme Court Chief Justice Shirley Abrahamson addressed a conference held to consider the future of judicial campaigns, reaffirming her belief that electing judges is better than gubernatorial appointments.

Happy Birthday, U.S. Constitution

Thu, 17 Sep 2009 08:00:00 CDT

Sept. 17, 2009 – Two hundred and twenty-two years ago today, delegates to the 1787 Constitutional Convention emerged after four long months in the summer heat of Philadelphia to reveal a document that ultimately led to both a new system of government and a legacy of individual rights that defines our lives today as American citizens.

Plaintiffs’ brief filed in challenge to Wisconsin’s ‘diploma privilege’

Wed, 16 Sep 2009 08:00:00 CDT

Sept. 16, 2009 – Following the Seventh Circuit Court of Appeals decision to remand a challenge to the diploma privilege, graduates from out-of-state law schools have renewed their Commerce Clause argument.

Judicial Council takes stock of recent successes, looks to future challenges

Wed, 16 Sep 2009 08:00:00 CDT

Sept. 16, 2009 – As Wisconsin’s Judicial Council looks back on a recent string of successes over the last two years, it looks forward to another year of hard work ahead of it. The state Legislature created the Judicial Council in 1951 to advise the state Supreme Court and the Legislature on issues affecting the administration of justice.

Child support case workers improperly seeking court orders, court of appeals holds

Sat, 15 Aug 2009 08:00:00 CDT

Sept.15, 2009 – Child support case workers in Marinette County and Door County have engaged in the unauthorized practice of law by filing their own affidavits in support of motions they draft for commitment orders, the Wisconsin Court of Appeals found.

Board tackles petitions on judicial independence, court procedures, and more

Mon, 14 Sep 2009 08:00:00 CDT

Sept. 14, 2009 – At its Sept. 11 - 12 meeting, the State Bar Board of Governors discussed petitions related to judicial recusal, record retention, submission of evidence originating in a language other than English, and rules governing audio recording in court proceedings, among other actions.

Retired U. S. Supreme Court Justice Sandra Day O’Connor to speak at 2010 convention

Fri, 11 Sep 2009 08:00:00 CDT

Sept. 11, 2009 – Retired U.S. Supreme Court Justice Sandra Day O’Connor will be the State Bar of Wisconsin’s featured speaker at its 2010 Annual Convention in Madison on Thursday, May 6, 2010.

Bills proposing higher property exemption levels moving in legislature

Thu, 10 Sep 2009 08:00:00 CDT

Sept. 10, 2009 – Four bills are currently pending in the Wisconsin Legislature that would provide a long-overdue inflation correction to various property exemptions in Wisconsin.

State Bar teams with Supreme Court to produce 'Juror Appreciation Month' PSA

Wed, 09 Sep 2009 08:00:00 CDT

Sept. 9, 2009 – The State Bar has teamed up with the Wisconsin Supreme Court to produce a 30-second Public Service Announcement promoting public awareness of “Juror Appreciation Month” in September. The ad will air on broadcast and cable television outlets in communities across the state through the end of September.

State Bar anticipates busy fall legislative session

Tue, 08 Sep 2009 08:00:00 CDT

Sept. 8, 2009 – With the state Legislature returning for a September floor session, many significant legislative issues supported by the State Bar of Wisconsin’s Board of Governors will be in play, including increased public financing for Supreme Court campaigns and several important pieces of civil justice reform.

Uninsured motorist coverage exists whether 'hit and run' or 'run and hit' accident

Tue, 04 Aug 2009 08:00:00 CDT

Sept. 4, 2009 – The Wisconsin Court of Appeals found an insured driver has coverage after he collided with a vehicle part dropped in the roadway by an unidentified truck absent from the scene before the accident. A circuit court had required the “hit” to occur before the “run.”

Lawmakers continue push for increased public defender eligibility limits

Wed, 02 Sep 2009 08:00:00 CDT

Sept. 2, 2009 – State lawmakers have introduced bills in both houses of the state Legislature to expand financial eligibility for the appointment of a public defender, following Governor Jim Doyle’s June veto of similar legislation that lawmakers had inserted into the state budget.

Court of appeals struggles with recent negligence decisions from Wisconsin Supreme Court

Tue, 01 Sep 2009 08:00:00 CDT

Sept. 1, 2009 – Despite uncertainty as to how it should analyze the unforseeability of harm posed by a security guard’s misuse of photographs taken to make employee badges, the Wisconsin Court of Appeals declared that Securitas Security Services was not negligent as a matter of law.

Federal Nominating Commission seeks applications for vacancy on Court of Appeals for the Seventh Circuit

Tue, 01 Sep 2009 08:00:00 CDT

Sept. 1, 2009 - The Federal Nominating Commission seeks applications for a vacancy created by Judge Terence T. Evans who announced in July that he will be taking senior status in January 2010.

Condo unit owners – not developer – bear tax burden for undeveloped land

Mon, 31 Aug 2009 08:00:00 CDT

Aug. 31, 2009 – The Wisconsin Court of Appeals said vacant land reserved for development belongs to owners of finished condo units so that they pay the property taxes, not the developer. But a dissenting judge warns years may pass before first construction begins, leaving cities unable to collect taxes on the unimproved land.

You're fired! Ethical issues of a discharged lawyer

Fri, 28 Aug 2009 08:00:00 CDT

Aug. 28, 2009 — A representation's abrupt end can leave lingering questions about a lawyer's fees and duties to a client. Ethics rules give clear answers to some, but not all, of these questions. State Bar Ethics Counsel Tim Pierce explains the ethics rules and court precedent to guide attorneys.

Zoning change found by its effect, not its label, says Wisconsin Court of Appeals

Thu, 27 Aug 2009 08:00:00 CDT

Aug. 27, 2009 – When the Town of Trenton approved a condominium development with commercial activity in conflict with the residential zoning, the Wisconsin Court of Appeals said this amounted to “de facto rezoning.” Trenton argued it had merely approved a condominium form of ownership.

Federal Trade Commission’s ‘Red Flags Rule’ leads American Bar Association to file suit

Thu, 27 Aug 2009 08:00:00 CDT

Aug. 27, 2009 – The ABA has asked the U.S. District Court for the District of Columbia to bar the FTC from applying its Red Flags Rule, designed to prevent identity theft, to practicing lawyers. Rule burdens lawyers with no client benefit and invades state regulation of lawyers.

Wisconsin Supreme Court to consider how informed defendant must be to enter guilty plea

Wed, 26 Aug 2009 08:00:00 CDT

Aug. 26, 2009 – A case pending before the Wisconsin Supreme Court could lead to a change in the current law that requires a criminal defendant to know the precise amount of potential punishment to enter a valid guilty plea.

Senate judiciary committee approves Impartial Justice Bill, holds hearing on Family Justice Bill, other issues

Tue, 25 Aug 2009 08:00:00 CDT

Aug. 25, 2009 – The Senate Committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing approved the Impartial Justice Bill – Senate Bill 40 – on a 3-2 party-line vote last week, moving the bill closer to a floor vote in that house.

Keep your practice on track to a more prosperous future at the Wisconsin Solo & Small Firm Conference

Mon, 24 Aug 2009 08:00:00 CDT

Aug. 24, 2009 – The Wisconsin Solo & Small Firm Conference, Oct. 29 -31, will offer more than 32 education and training sessions in four different tracks and plenary sessions.

Debate over judge’s ‘baby mama’ remarks headed to Wisconsin Supreme Court

Fri, 21 Aug 2009 08:00:00 CDT

Aug. 21, 2009 – Briefs outline the debate over whether a sentencing judge’s racially suggestive comments should be a basis for vacating a sentence.

Wisconsin Supreme Court to consider construction of ‘marriage amendment’

Wed, 19 Aug 2009 08:00:00 CDT

Aug. 19, 2009 – A challenger to the constitutional amendment prohibiting same-sex marriage in Wisconsin charges that voters were asked to consider two unrelated questions in violation of the constitution’s “separate amendment” rule. In its brief, the Wisconsin Attorney General disagrees.

Suspect’s 'persistence' in furtive-type movements can be part of basis for search

Mon, 17 Aug 2009 08:00:00 CDT

Aug. 17, 2009 – The Wisconsin Court of Appeals said a police officer’s reasonable suspicion justifying a protective search may also arise from the officer’s safety concerns during a traffic stop in a high crime area and a suspect’s unconvincing answer to a question about the vehicle’s contents.

Primetime Live coanchor, John Quiñones, to speak at Annual Diversity Counsel Program in October, register today

Tue, 18 Aug 2009 08:00:00 CDT

Aug. 18, 2009 - John Quiñones will be the luncheon speaker at the Annual Diversity Counsel Program in Milwaukee on Oct. 2. Quiñones, who was once reprimanded for speaking Spanish in school, will discuss how diversity in network news has led to better news coverage of the world. He was hired as a correspondent partly because he spoke Spanish.

Join the Lawyer-to-Lawyer network to increase the profession's competence

Wed, 19 Aug 2009 08:00:00 CDT

Aug. 14, 2009 – Join a network of attorneys who share their knowledge in particular areas of law with other lawyers through free, brief telephone consultations. This attorney network helps increase competence within the profession, reduce malpractice, and provide better delivery of legal services to the public.

Family court commissioner work could disqualify lawyer from guardian ad litem advocacy, ethics opinion finds

Tue, 05 Jan 2010 08:00:00 CDT

Stop identity theft before it starts – join your colleagues at a morning webcast on Aug. 21

Wed, 12 Aug 2009 08:00:00 CDT

Aug. 12, 2009 – Attend the Identity Theft, the Red Flags Rule, and Why They Matter to Every Lawyer webcast seminar on Aug. 21, 9 to 10:40 a.m. (CT) and find out how Red Flags Rule compliance requirements can be readily met and used to improve security and reduce liability.

Agency’s expertise in applying statute, not subject matter governed, is basis to defer to its interpretation

Tue, 11 Aug 2009 08:00:00 CDT

Aug. 11, 2009 – The Wisconsin Court of Appeals rejected as “unreasonable” the expectation that an agency have particular expertise in the subject matter of a statute before a reviewing court gives deference to the agency’s statutory interpretation.

September is “Juror Appreciation Month”

Mon, 10 Aug 2009 08:00:00 CDT

Aug. 10, 2009 – Stressing that the right to a jury trial is “a fundamental component of the American and Wisconsin justice systems,” Supreme Court Chief Justice Shirley S. Abrahamson has invited State Bar members to actively participate with others in the justice system as Wisconsin observes “Juror Appreciation Month” in September.

Lemon Law damages exclude purchase price of leased vehicle, Wisconsin Supreme Court says

Fri, 07 Aug 2009 08:00:00 CDT

Aug. 7, 2009 – Justices analyzed the damages awarded under Wisconsin’s consumer protection law to find what relief is available to a consumer who sues over a defective leased vehicle, but then decides to buy it while the lawsuit is pending.

Jury trial right in civil cases must be expressly provided by statute or preserved by constitution

Thu, 06 Aug 2009 08:00:00 CDT

Aug. 6, 2009 – The Wisconsin Supreme Court held that a civil litigant has no right to a jury trial unless a statute expressly provides one, or the cause of action dates back to common law at the time of the state constitution’s adoption. Dissenters said this unsettles the status of many jury trials.

Self-nominations sought for vacant Milwaukee County seat on Board of Governors

Wed, 05 Aug 2009 08:00:00 CDT

Aug. 5, 2009 – A vacancy in the Milwaukee County delegation to the State Bar of Wisconsin Board of Governors occurred following the election of attorney Jim Brennan as the board’s chair. The deadline for nominations is Sept. 1.

Evidence of criminal defendant’s “other acts” may be used to establish context of arrest

Tue, 04 Aug 2009 08:00:00 CDT

Aug. 4, 2009 – The Wisconsin Supreme Court held that evidence of a defendant’s other crimes, wrongs, or acts may be admitted to establish the context in which police acted. Dissenting justices argued that this evidence may not be relevant to the defendant’s conduct at issue.

Condemnation award does not factor in value of a lease, Wisconsin Supreme Court holds

Mon, 03 Aug 2009 08:00:00 CDT

Aug. 3, 2009 – When the underlying real property is worth nothing, a leaseholder receives no compensation from the condemnation award, even if the lease agreement has a separate value. Leases are contractual arrangements independent of the value of the property, the justices said.

Wisconsin Supreme Court adopts new standard for non-compete clauses

Fri, 31 Jul 2009 08:00:00 CDT

July 31, 2009 – Justices announced that portions of an employment contract covenant restricting a former employee’s activities may be enforced even after another section is deemed unenforceable, so long as the surviving provisions remain understandable and capable of independent enforcement.

'Red Flags Rule' implementation delayed until November 1

Thu, 30 Jul 2009 08:00:00 CDT

July 30, 2009 – The Federal Trade Commission has announced a 90-day delay in enforcing the “Red Flags Rule.” American Bar Association President H. Thomas Wells, Jr. stated that the ABA “is very pleased that the FTC has responded to the deep concerns expressed by Congress, the ABA and more than two dozen state and local bar associations."

Stipulation in divorce judgment enforceable as court order, Wisconsin Supreme Court holds

Wed, 29 Jul 2009 08:00:00 CDT

July 29, 2009 – An attorney who advised that a client could ignore a stipulation in the client’s divorce judgment is liable for aiding and abetting the violation of a court order. But dissenting justices argue the stipulation lacks such force when it exceeds the court’s subject matter jurisdiction.

Appraisal awards presumed valid, receive limited review, says Wisconsin Supreme Court

Mon, 27 Jul 2009 08:00:00 CDT

July 27, 2009 – Justices reasoned that the efficiencies of the appraisal process will be lost if awards are routinely subject to more than facial review. But the dissent argued that the majority approach does not ensure fundamental fairness.

New state budget permits auto policy stacking, mandates coverage

Fri, 24 Jul 2009 08:00:00 CDT

July 24, 2009 – Fulfilling a long-standing policy goal of the State Bar of Wisconsin, the new 2009-11 biennial state budget (2009 Wisconsin Act 28), which Gov. Jim Doyle signed into law on June 29, repeals a 14-year statutory provision that effectively banned insureds from stacking auto insurance policy limits for uninsured and underinsured motorist coverage.

Wisconsin Supreme Court lets patient sue for doctor’s failure to explain treatments

Fri, 24 Jul 2009 08:00:00 CDT

July 24, 2009 – The Wisconsin Supreme Court ruled that the trial court erred when it prevented the jury from considering a stroke patient’s claim that his doctor failed to inform him of alternative treatments that might have prevented his brain injury.

Milwaukee jail officials’ contempt falls outside statute, Wisconsin Supreme Court says

Wed, 22 Jul 2009 08:00:00 CDT

July 22, 2009 – The Wisconsin Supreme Court said that intentional violations of a consent decree governing conditions at the Milwaukee County Jail ceased before the circuit court held county officials in contempt. Accordingly, the contempt statutes do not authorize sanctions.

Freedom of religion guarantees trump schoolteacher’s job discrimination claim

Tue, 21 Jul 2009 08:00:00 CDT

July 21, 2009 – State and federal guarantees of free exercise of religion bar a teacher at a Catholic school from alleging job discrimination, the Wisconsin Supreme Court held. But dissenting justices criticize the court’s reliance upon a new test to reach this result.

Disappointed seller of real estate can’t keep earnest money and sue breaching buyer

Thu, 23 Jul 2009 08:00:00 CDT

July 23, 2009 – The Wisconsin Supreme Court analyzed the remedies available to a seller under the form mandated for residential real estate transactions. After a buyer backs out, the seller must authorize return of the buyer’s earnest money before or at the same time the seller sues for actual damages.

Justices clarify meaning of foreseeable harm in negligence claims

Tue, 21 Jul 2009 08:00:00 CDT

July 21, 2009 – The Wisconsin Supreme Court clarified that an unforeseeable harm of a defendant’s act is best considered “no breach” of the duty each person owes to exercise reasonable care under the circumstances, rather than finding the defendant owed no duty to the injured plaintiff. Justices then debated the standard for “duty.”

UW-Madison facilities director owed duty in death of cameraman

Fri, 17 Jul 2009 08:00:00 CDT

July 17, 2009 – The Wisconsin Supreme Court finding that Facilities Director Barry Fox had a definite obligation to ensure railings protected Richard Umansky while he worked on an elevated platform at Camp Randall Stadium clears the way for a negligence suit that otherwise would have been barred by immunity granted public employees.

Extent of duty to preserve evidence spelled out by Wisconsin Supreme Court

Thu, 16 Jul 2009 08:00:00 CDT

July 16, 2009 – A party with legitimate reason to destroy relevant evidence may do so by giving notice to a party opponent of a claim and an opportunity to inspect the evidence, the Wisconsin Supreme Court agreed. But the justice were divided on applying this principle to the facts of a case.

Wisconsin Supreme Court upholds newspaper access to state employee records

Thu, 16 Jul 2009 08:00:00 CDT

July 16, 2009 – The justices agreed that a provision in the state’s contract with the Wisconsin State Employees Union could not amend the Public Records Law to prevent the release of records to the Milwaukee Journal Sentinel and the Lakeland Times.

Including pets in estate planning benefits human – and nonhuman – survivors

Mon, 20 Jul 2009 08:00:00 CDT

July 20, 2009 – Pets need their people to look after them, and this doesn’t change when the owner dies. Lawyers can help clients protect their animals through their estate plans. Don’t miss the State Bar CLE hour-long Estate Planning for Pets telephone seminar on July 28. Find out more about this and other topics in the latest issue of WisBar InsideTrack.

Commission makes recommendations for United States Attorney for the Western District of Wisconsin

Wed, 15 Jul 2009 08:00:00 CDT

July 15, 2009 – Today the Federal Nominating Commission announced its recommendations for the pending vacancy of United States Attorney for the Western District of Wisconsin. The opening results from the resignation of the incumbent.

Lead in lead paint is not a design defect, Wisconsin Supreme Court says

Tue, 14 Jul 2009 08:00:00 CDT

July 14, 2009 – Justices agree that lead in lead paint cannot be a design defect. But the court divided over whether the question is properly resolved according to Wisconsin’s continued reliance upon Restatement (Second) of Torts or whether it is time to embrace the third Restatement.

Bystander cannot claim negligent infliction of emotional distress tied to malpractice, Wisconsin Supreme Court holds

Tue, 14 Jul 2009 08:00:00 CDT

July 14, 2009 – The supreme court rejected a father’s claim for negligent infliction of emotional distress. The father had seen his infant son die in a botched delivery, but the court reasoned that the statutes governing medical malpractice do not recognize his claim.

AG's opinion: Attorneys who have had their law licenses revoked or suspended not entitled to permanent notary public commissions

Mon, 13 Jul 2009 08:00:00 CDT

July 13, 2009 – Attorney General J.B. Van Hollen issued a formal opinion today concluding that Wisconsin attorneys who have had their law licenses suspended or revoked for any reason are not statutorily entitled to permanent notary public commissions.

Challenge to ‘diploma privilege’ reinstated by U.S. Court of Appeals

Thu, 09 Jul 2009 08:00:00 CDT

July 9, 2009 – A challenge to Wisconsin’s diploma privilege has been remanded to federal district court following the U.S. Seventh Circuit Court of Appeals’ decision. The court remarked that the existing evidentiary record leaves unanswered many questions about the privilege that should be resolved.

Prosecutor entitled to defendant’s state-of-mind evidence in self-defense cases

Fri, 10 Jul 2009 08:00:00 CDT

July 10, 2009 – The Wisconsin Supreme Court upheld a circuit court order directing a defendant to tell the prosecution prior to trial which of his victim’s past violent acts informed his decision to use force. The justices said the order promotes judicial efficiency, but a dissenting opinion called it discovery unauthorized by statute.

Litigant must show more than burden of having to prove once-settled matter to prevent withdrawal of admission

Wed, 08 Jul 2009 08:00:00 CDT

July 8, 2009 – The Wisconsin Supreme Court clarified the standard by which a trial court may permit withdrawal of an admission made in discovery.

Medical record access and fee changes on tap

Wed, 08 Jul 2009 08:00:00 CDT

July 8, 2009 – The new 2009-11 biennial state budget (2009 Wisconsin Act 28), which Gov. Jim Doyle signed into law on June 29, significantly modifies state laws regarding patient access to and fees charged for copies of patient health care records. Although Gov. Doyle vetoed some provisions passed by the Legislature, many of the changes survived his veto pen intact.

State Bar of Wisconsin and ABA continue to push for exclusion from pending FTC identity theft 'Red Flags Rule'

Wed, 08 Jul 2009 08:00:00 CDT

July 8, 2009 – With an Aug. 1 enforcement date looming, the State Bar of Wisconsin has joined with the ABA and colleagues in about a dozen other states in objecting to the inclusion of attorneys under the “Red Flags Rule” adopted by the FTC to deter identity theft, in compliance with the Fair and Accurate Credit Transactions Act of 2003.

Time to file wrongful death claim begins with negligent medical treatment, not death

Tue, 07 Jul 2009 08:00:00 CDT

July 7, 2009 – The Wisconsin Supreme Court held that the time to file a wrongful death action arising from medical malpractice is within three years of the negligent treatment, not of the patient’s death. Dissenters argued this diminishes death as a necessary precondition.

Some proposals from special committee studying prison overcrowding survive governor’s veto

Mon, 06 Jul 2009 08:00:00 CDT

July 6, 2009 – Gov. Jim Doyle embraced “risk reduction” sentencing, provision of services to offenders exiting prison, and wider options to sanction those who do not fulfill conditions of their supervised release. Other ideas from the Justice Reinvestment committee, such as a goal of reducing recidivism rates by 25 percent, were rebuffed.

Some court filing fees increase July 1

Wed, 01 Jul 2009 08:00:00 CDT

July 1, 2009 – Some circuit court filing fees across Wisconsin have increased effective July 1 as part of the new budget drafted by the Legislature and approved by the governor. A schedule of the fees is publicly available from the courts system.

Confession gained by keeping lawyer apart from client is valid, Wisconsin Supreme Court says

Wed, 01 Jul 2009 08:00:00 CDT

July 1, 2009 – A divided supreme court upheld the admissibility of statements obtained by police during an incommunicado interrogation, relying on federal interpretation of the Fifth Amendment. Dissenters argue Wisconsin should find greater rights in the state constitution.

This week in InsideTrack: Landlords’ knowledge of tenancy laws improves condition of rental properties, neighborhoods

Thu, 02 Jul 2009 08:00:00 CDT

July 2, 2009 – Tristan Pettit, an attorney representing landlords in evictions and other legal disputes, explained the circumstances his clients face to government lawyers stepping up enforcement of nuisance ordinances and building codes.

Governor signs state budget into law

Mon, 29 Jun 2009 08:00:00 CDT

June 30, 2009 – Gov. Jim Doyle signed the 2009-11 biennial state budget into law Monday, June 29, days after the Senate and the Assembly passed the compromise spending plan on largely party-line votes the previous week.

Board Actions: State Bar endorses federal funding for legal service to poor

Mon, 29 Jun 2009 08:00:00 CDT

June 29, 2009 – The State Bar’s governing body backed a funding proposal pending in Congress for the Legal Services Corporation. In other business, the governors approved the organization’s budget for next fiscal year and supported a petition amending Supreme Court Rules for retention of court records.

Three bills amending and clarifying appellate procedures signed into law

Fri, 26 Jun 2009 08:00:00 CDT

June 26, 2009 – Three bills supported by the State Bar’s Criminal Law Section that amend and clarify various appellate procedures were signed into law on June 19. Assembly Bills 122, 123, and 124 were signed by Gov. Jim Doyle at a meeting of the Wisconsin Judicial Council in Madison.

Assembly committee approves Impartial Justice Bill, increasing public financing of supreme court campaigns

Thu, 25 Jun 2009 08:00:00 CDT

June 24, 2009 – The Assembly’s Committee on Elections and Campaign Reform approved the Impartial Justice Bill last week. The bill – long-supported by the State Bar and sponsored by Rep. Gordon Hintz and Sen. Pat Kreitlow – would greatly increase public financing for Wisconsin Supreme Court campaigns.

Stealing public official’s email to injure his reputation not protected by First Amendment, Wisconsin Supreme Court holds

Tue, 23 Jun 2009 08:00:00 CDT

June 23, 2009 – Christopher Baron used a public official’s email account to send defamatory messages about that official. The supreme court said Baron’s lack of actual malice and the truth of the defamation were no defense under the statute punishing this type of identity theft.

Wisconsin Supreme Court clarifies the basis to award jail credit in sentencing

Wed, 24 Jun 2009 08:00:00 CDT

June 24, 2009 – The justices explained that jail credit given for one sentence will only count toward another if the sentences arise from the same criminal acts. The court rejected the argument that failure to credit each sentence served concurrently results in uneven lengths of punishment, undercutting the meaning of “concurrence.”

WisBar offers lawyer resources for a down economy

Mon, 22 Jun 2009 08:00:00 CDT

June 22, 2009 – The State Bar announces a new resource to help members manage their practice in a down economy, handle career transitions when suddenly unemployed, and manage the stress that comes with these issues. There are many resources available to address these issues and they are now all conveniently located in one place – on WisBar.

Appeal of attorney fees order subject to ‘finality’ requirements, supreme court says

Tue, 23 Jun 2009 08:00:00 CDT

June 23, 2009 – The Wisconsin Supreme Court requires an explicit statement in a circuit court order declaring that it has either dismissed or adjudicated an entire matter before a party can appeal it. This rule extends to orders addressing attorney fees, statutory damages, and costs.

Injunction necessary to preserve losing bidder’s suit, Wisconsin Supreme Court says

Fri, 19 Jun 2009 08:00:00 CDT

June 19, 2009 – The court explains that a bidder has standing to sue for violations of the state’s procurement statutes in order to protect the public interest, not to collect money damages. If a bidder fails to enjoin the state from awarding a bid to another, the court may not be able to give relief.

WisBar just got a facelift ... more news; simpler, easier to navigate

Thu, 11 Jun 2009 08:00:00 CDT

June 16, 2009 - The State Bar's new home page layout now is cleaner, more visually interesting, and easier to read. The new design offers expanded news content, an improved news archive, simplified navigation, and faster access to newly released products and upcoming events, among other changes that improve accessibility.

Warrantless arrest of suspect at home ok under exigency if offense punishable by jail, Wisconsin Supreme Court says

Thu, 18 Jun 2009 08:00:00 CDT

June 18, 2009 – The Wisconsin Supreme Court overrules an earlier rule that limited warrantless entry and arrest in the suspect’s home under exigent circumstances to felony offenses. Dissenters argue the new standard is unworkable and erodes the Fourth Amendment.

Arbitration award of teacher’s back pay reinstated by Wisconsin Supreme Court

Wed, 17 Jun 2009 08:00:00 CDT

June 17, 2009 – The justices explained that they seek no more than “some reasonable foundation for the interpretation” of a contract in dispute between parties when reviewing an award. Explaining the wisdom of not relitigating the merits of an arbitrated dispute, the court cited an amicus brief filed by the State Bar of Wisconsin’s Alternative Dispute Resolution Section.

Senate passes state budget; conference committee expected to resolve differences

Thu, 18 Jun 2009 08:00:00 CDT

June 18, 2009 – The state Senate passed its version of the proposed 2009-11 biennial state budget on Wednesday, June 17, by a 17-16 vote largely along party lines. Seventeen Democrats voted for the bill and all 15 Republicans voted against it, joined by one Democrat.

Keller petition denied by Supreme Court

Fri, 19 Jun 2009 08:00:00 CDT

June 19, 2009 – The Wisconsin Supreme Court has denied a petition filed by three attorneys requesting that it take original jurisdiction of an action they commenced challenging the Keller reduction determination made annually by the State Bar of Wisconsin.

Probable cause to arrest drunk driver judged by circumstances, Wisconsin Supreme Court rules

Thu, 18 Jun 2009 08:00:00 CDT

June 18, 2009 - A defendant argued that police did not have probable cause to arrest him for drunk driving without typical evidence of the offense such as an admission of drinking or suggestive field sobriety tests. The supreme court said probable cause is found by the totality of the circumstances.

Indian tribe not entitled to partial refund of state cigarette tax, Wisconsin Supreme Court holds

Wed, 17 Jun 2009 08:00:00 CDT

June 17, 2009 - The Ho-Chunk Nation had pressed the Wisconsin Department of Revenue to refund 70 percent of the state excise tax on cigarettes collected from sales on its land on the east side of Madison in Dane County. The department of revenue argued that the sales occurred on land not held in trust by a statutory deadline.

Validity of Miranda warnings judged by totality of circumstances

Fri, 12 Jun 2009 08:00:00 CDT

June 12, 2009 - The Wisconsin Supreme Court rejected a bright-line rule invalidating Miranda warnings given before a suspect is taken into custody.

Judge has discretion to call no witnesses at John Doe hearing, Wisconsin Supreme Court holds

Fri, 12 Jun 2009 08:00:00 CDT

June 12, 2009 - Justices reject statutory interpretation that would require a judge to call witnesses simply because a complainant has produced them. The court withdrew language from one of its earlier decisions concerning John Doe hearings to prevent any confusion on this issue.

One business harmed by wrongdoing at another corporation cannot sue, Wisconsin Supreme Court says

Thu, 11 Jun 2009 08:00:00 CDT

June 11, 2009 - Even when corporate entities are closely related, one business may lack standing to sue another for the harmful effects of its actions. Also, justices argue over whether embezzlement primarily injures the corporation or the shareholder.

Justice Prosser encourages 2009 U.W. Law School graduates to build a career of service to others and to the rule of law

Wed, 10 Jun 2009 08:00:00 CDT

June 10, 2009 - On June 9, 146 U.W. Law School graduates were admitted to practice during four ceremonies throughout the morning. Surrounded by family and friends, the lawyers were welcomed by the members of the Wisconsin Supreme Court, Board of Bar Examiners, State Bar, and U.W. Law School. Following each ceremony, Justice David Prosser delivered the court’s welcoming message to the new lawyers.

U.S. Supreme Court Issues Massey v. Caperton Ruling

Tue, 09 Jun 2009 08:00:00 CDT

June 9, 2009 - A justice on the West Supreme Court should have recused himself from a case involving a company whose CEO spent more than $3 million on his behalf in the judicial election. Dissenters question how large a contribution must be before it becomes disqualifying.

Commission makes recommendations for United States District Court for the Western District of Wisconsin

Mon, 08 Jun 2009 08:00:00 CDT

June 8, 2009 - The Federal Nominating Commission announced its recommendations for the pending vacancy for the United States District Court for the Western District of Wisconsin. The opening results from the decision of Judge Barbara Crabb to take senior status. Twenty-one individuals submitted applications to the Commission, which thereupon interviewed a number of the candidates. The recommendations have been provided to U.S. Senators Herb Kohl and Russ Feingold.

Order directs new chapter of Supreme Court Rules for Access to Justice Commission

Fri, 05 Jun 2009 08:00:00 CDT

June 5, 2009 - The Wisconsin Supreme Court issues an order for a new rule authorizing the Access to Justice Commission long sought by the State Bar of Wisconsin. The commission is charged with developing means of expanding access to the civil justice system for unrepresented low income Wisconsin residents.

Members invited to free Fastcase legal research webcast seminars

Wed, 18 Mar 2009 08:00:00 CDT

March 18, 2009 – State Bar members are invited to attend free webcast seminars from Fastcase explaining this new member benefit. Fastcase offers free, unlimited access to a comprehensive 50-state and federal case-law database. Choose the date that works for you.

Order directs new chapter of Supreme Court Rules for Access to Justice Commission

Fri, 05 Jun 2009 08:00:00 CDT