Wisconsin Case Commentaries

Retirement Does Not Defeat Lawyer Discipline: Default-Based Proof and a One-Year Suspension for Probate Mismanagement, Unreasonable Fees, and Criminal Misconduct

Date: Sep 18, 2026

Retirement Does Not Defeat Lawyer Discipline: Default-Based Proof and a One-Year Suspension for Probate Mismanagement, Unreasonable Fees, and Criminal Misconduct 1. Introduction Office of Lawyer...

Retirement Does Not Defeat Disciplinary Jurisdiction: One-Year Suspension for Knowing Estate/Trust Misconduct and Egregious Misdemeanor Conduct in Default

Date: Sep 18, 2026

Retirement Does Not Defeat Disciplinary Jurisdiction: One-Year Suspension for Knowing Estate/Trust Misconduct and Egregious Misdemeanor Conduct in Default 1. Introduction Office of Lawyer Regulation...

Wisconsin Supreme Court Signals Willingness to Fast-Track Petitions for Review in Election Cases Through Accelerated Response and Amicus Deadlines

Date: Aug 14, 2026

Wisconsin Supreme Court Signals Willingness to Fast-Track Petitions for Review in Election Cases Through Accelerated Response and Amicus Deadlines 1. Introduction Case: Democratic National Committee...

“Deposit” Means Deposit: Wis. Stat. § 165.10 Does Not Dictate Where Settlement Funds Are Credited Within the General Fund

Date: Jul 11, 2026

“Deposit” Means Deposit: Wis. Stat. § 165.10 Does Not Dictate Where Settlement Funds Are Credited Within the General Fund Case: Wisconsin State Legislature v. Josh Kaul (2026 WI 28) | Court: Supreme...

Unborn Children as “Patients” Under Wis. Stat. § 448.30: Informed Consent Owed Through the Pregnant Decisionmaker and Independently Enforceable After Live Birth

Date: Jul 11, 2026

Unborn Children as “Patients” Under Wis. Stat. § 448.30: Informed Consent Owed Through the Pregnant Decisionmaker and Independently Enforceable After Live Birth I. Introduction Case: Charlie May...

Protective Placement Appeals Are Not Moot When Statutory Cost Liability Persists

Date: Jul 8, 2026

Protective Placement Appeals Are Not Moot When Statutory Cost Liability Persists Racine County v. R. P. L., 2026 WI 26 (Wis. July 7, 2026) Court: Supreme Court of Wisconsin Author: Justice Susan M....

Rainwater Damage as an “Ensuing Loss” Under Construction-Defect Exclusions; Fungi Additional Coverage as an Exception to the Fungi Exclusion (Wisconsin)

Date: Jul 8, 2026

Rainwater Damage as an “Ensuing Loss” Under Construction-Defect Exclusions; Fungi Additional Coverage as an Exception to the Fungi Exclusion (Wisconsin) Introduction Case: Cincinnati Insurance...

Notice of Voting Eligibility Forms Are “Closed” Under § 54.75, and Public-Records Mandamus Turns Solely on Entitlement to the Record

Date: Jul 8, 2026

Notice of Voting Eligibility Forms Are “Closed” Under § 54.75, and Public-Records Mandamus Turns Solely on Entitlement to the Record Case: Wisconsin Voter Alliance v. Kristina Secord (2026 WI 27) |...

Cost Liability as a Collateral Consequence Keeps Chapter 55 Protective-Placement Appeals Alive Despite Later Continuation Orders

Date: Jul 8, 2026

Cost Liability as a Collateral Consequence Keeps Chapter 55 Protective-Placement Appeals Alive Despite Later Continuation Orders Introduction Racine County v. R.P.L. (2026 WI 26) sits at the...

Expired Chapter 51 Recommitment Appeals Are Not Moot When Vacatur Would Remove Automatic Cost-of-Care Liability or Affect Firearm-Rights Restoration

Date: Jul 1, 2026

Expired Chapter 51 Recommitment Appeals Are Not Moot When Vacatur Would Remove Automatic Cost-of-Care Liability or Affect Firearm-Rights Restoration I. Introduction Case: Waukesha County v. R.D.T.,...

Late Access to Chapter 51 Examiner Reports Does Not Defeat Competency; Error Reviewed for Harmlessness

Date: Jun 27, 2026

Late Access to Chapter 51 Examiner Reports Does Not Defeat Competency; Error Reviewed for Harmlessness I. Introduction In Outagamie County v. M.J.B., 2026 WI 23, the Supreme Court of Wisconsin...

Exclusive § 971.14 Commitments Cannot Use § 51.61(1)(g)3 to Support Court-Ordered Dangerousness Medication

Date: Jun 27, 2026

Exclusive § 971.14 Commitments Cannot Use § 51.61(1)(g)3 to Support Court-Ordered Dangerousness Medication Case: State v. N.K.B., 2026 WI 22 (Wis. June 26, 2026) (Dallet, J.) Court: Supreme Court of...

State v. N.K.B. (2026 WI 22) — § 51.61(1)(g)3. Does Not Authorize Court-Ordered Medication for “Dangerousness” Under a § 971.14-Only Competency Commitment

Date: Jun 27, 2026

New Wisconsin Rule: A § 971.14-Only Competency Commitment Cannot Support a Court-Ordered Involuntary Medication Order Based on “Dangerousness” Under § 51.61(1)(g)3. Case: State v. N.K.B., 2026 WI 22...

Wisconsin Rejects In Rem and Immovable-Property Exceptions to Tribal Sovereign Immunity; Unilateral Deed Covenants Cannot Waive Immunity

Date: Jun 24, 2026

Wisconsin Rejects In Rem and Immovable-Property Exceptions to Tribal Sovereign Immunity; Unilateral Deed Covenants Cannot Waive Immunity Case: Legend Lake Property Owners Association, Inc. v. Guy...

Race-Exclusive State Grant Programs Fail Strict Scrutiny After SFFA; Wisconsin Taxpayer Standing Requires Only Alleged Illegal Expenditure

Date: Jun 19, 2026

Race-Exclusive State Grant Programs Fail Strict Scrutiny After SFFA; Wisconsin Taxpayer Standing Requires Only Alleged Illegal Expenditure I. Introduction Konkanok Rabiebna, et al. (a group of...

Wisconsin May Discipline Its Lawyers for Out-of-State Pro Se Litigation Under the Forum’s Ethics Rules (SCR 20:8.5)

Date: Jun 18, 2026

Wisconsin May Discipline Its Lawyers for Out-of-State Pro Se Litigation Under the Forum’s Ethics Rules (SCR 20:8.5) Introduction In Office of Lawyer Regulation v. Angela W. DeBose (Wis. June 17,...

Wisconsin Supreme Court May Treat a “Notice of Appeal” as Sufficient to Invoke Review of a Three‑Judge Apportionment Panel and Apply Court of Appeals Procedures by Default

Date: Jun 12, 2026

Wisconsin Supreme Court May Treat a “Notice of Appeal” as Sufficient to Invoke Review of a Three‑Judge Apportionment Panel and Apply Court of Appeals Procedures by Default 1. Introduction Case:...

Monthly-Rent Residential Leases Are Not “Agreements to Defer Payment” Under WIS. STAT. § 427.104; § 100.20(5) Requires Proved, Causally Linked Pecuniary Loss

Date: Jun 6, 2026

Monthly-Rent Residential Leases Are Not “Agreements to Defer Payment” Under WIS. STAT. § 427.104; § 100.20(5) Requires Proved, Causally Linked Pecuniary Loss 1. Introduction Case: Koble Investments...

Reaffirming Progressive Discipline and the “Minimum 60-Day Suspension” Norm Despite a 30-Day Stipulation

Date: Jun 5, 2026

Reaffirming Progressive Discipline and the “Minimum 60-Day Suspension” Norm Despite a 30-Day Stipulation 1. Introduction This matter arises from a Wisconsin attorney-discipline proceeding brought by...

SCR 20:3.4(b) Applied: No Contingent or Untethered Payments to Fact Witnesses; “Reasonable Lawyer” Vagueness Standard; No Good-Faith Exception

Date: Jun 2, 2026

SCR 20:3.4(b) Applied: No Contingent or Untethered Payments to Fact Witnesses; “Reasonable Lawyer” Vagueness Standard; No Good-Faith Exception 1. Introduction Office of Lawyer Regulation v. Gary W....