Wisconsin Case Commentaries

Wisconsin Clarifies SCR 20:3.4(b): Witness Payments Must Reflect Actual Losses and May Not Be Contingent on Case Outcome

Date: Jun 2, 2026

Wisconsin Clarifies SCR 20:3.4(b): Witness Payments Must Reflect Actual Losses and May Not Be Contingent on Case Outcome Case: Office of Lawyer Regulation v. Gary W. Thompson, 2026 WI 18 (Wis. June...

Wisconsin Revokes Law License for Sexual Misconduct Based on Underlying Conduct (Not Charge Level) and Exploitation of Power Imbalance

Date: May 30, 2026

Wisconsin Revokes Law License for Sexual Misconduct Based on Underlying Conduct (Not Charge Level) and Exploitation of Power Imbalance 1. Introduction Case: Office of Lawyer Regulation v. Jerome J....

Apportionment-Panel Appeals Under Wis. Stat. § 751.035(3): The Supreme Court May Proceed Without Deciding Whether Review Is as of Right and Will Apply Ordinary Appellate Rules Absent Special Order

Date: May 30, 2026

Apportionment-Panel Appeals Under Wis. Stat. § 751.035(3): The Supreme Court May Proceed Without Deciding Whether Review Is as of Right and Will Apply Ordinary Appellate Rules Absent Special Order...

Wisconsin: Revocation Is Warranted for Forcible Sexual Misconduct Exploiting a Lawyer’s Status—Discipline Turns on Conduct, Not Charge Level

Date: May 30, 2026

Wisconsin: Revocation Is Warranted for Forcible Sexual Misconduct Exploiting a Lawyer’s Status—Discipline Turns on Conduct, Not Charge Level 1. Introduction Case: Office of Lawyer Regulation v....

Due Process Does Not Require a Colloquy Before Accepting Chapter 51 Stipulations to Commitment and Involuntary Medication

Date: May 20, 2026

Due Process Does Not Require a Colloquy Before Accepting Chapter 51 Stipulations to Commitment and Involuntary Medication I. Introduction Case: Sheboygan County v. N. A. L., 2026 WI 16 (Wis. May 19,...

Revocation for Pervasive Sexual Harassment of Clients Without Proof of Propensity to Reoffend (2026 WI 14)

Date: May 2, 2026

Revocation for Pervasive Sexual Harassment of Clients Without Proof of Propensity to Reoffend 1. Introduction Office of Lawyer Regulation v. Michael Seung-Hyock Yang (2026 WI 14) is a Wisconsin...

Revocation for Pervasive Client-Targeted Sexual Harassment Without Any “Propensity” Showing: In re Disciplinary Proceedings Against Yang (2026 WI 14)

Date: May 2, 2026

Revocation for Pervasive Client-Targeted Sexual Harassment Without Any “Propensity” Showing: Office of Lawyer Regulation v. Michael Seung-Hyock Yang (2026 WI 14) 1. Introduction In 2026 WI 14, the...

Revocation as the Baseline Sanction for Prolonged Domestic-Abuse Stalking Under SCR 20:8.4(b)—Even on No-Appeal Review

Date: Apr 17, 2026

Revocation as the Baseline Sanction for Prolonged Domestic-Abuse Stalking Under SCR 20:8.4(b)—Even on No-Appeal Review 1. Introduction Office of Lawyer Regulation v. Osman A. Mirza (2026 WI 13) is a...

Wisconsin Safe-Place Liability Survives Tatera; Punitive-Damages Cap Turns on Compensatory Damages Recoverable in the Judgment

Date: Apr 17, 2026

Wisconsin Safe-Place Liability Survives Tatera; Punitive-Damages Cap Turns on Compensatory Damages Recoverable in the Judgment Case: Estate of Carol Lorbiecki v. Pabst Brewing Company, 2026 WI 12...

Revocation for Domestic-Abuse Stalking as “Fitness” Misconduct Under SCR 20:8.4(b): In re Disciplinary Proceedings Against Mirza (2026 WI 13)

Date: Apr 17, 2026

Revocation for Domestic-Abuse Stalking as “Fitness” Misconduct Under SCR 20:8.4(b): In re Disciplinary Proceedings Against Mirza (2026 WI 13) 1. Introduction Case: Office of Lawyer Regulation v....

Abrogated Claim, No Jury Right: Wisconsin Upholds COVID-Era Health Care Immunity Under Article XIV, Section 13

Date: Apr 16, 2026

Abrogated Claim, No Jury Right: Wisconsin Upholds COVID-Era Health Care Immunity Under Article XIV, Section 13 Case: Savannah Wren v. Columbia St. Mary's Hospital Milwaukee, Inc. Court: Supreme Court...

Schoolhouse Miranda Custody: Police-Dominated Interrogations of Minors at School Require Warnings, Though Admission May Be Harmless

Date: Mar 28, 2026

Schoolhouse Miranda Custody: Police-Dominated Interrogations of Minors at School Require Warnings, Though Admission May Be Harmless Introduction In State v. K.R.C., 2026 WI 10, the Supreme Court of...

Consensual License Revocation Is Appropriate for Large-Scale Client-Fund Conversion and Tribunal/Client Deceit, Even After Repayment

Date: Mar 21, 2026

Consensual License Revocation Is Appropriate for Large-Scale Client-Fund Conversion and Tribunal/Client Deceit, Even After Repayment 1. Introduction In Office of Lawyer Regulation v. Guy K. Fish...

Consensual Revocation Is the Presumptive Discipline for Large-Scale Client-Fund Conversion Despite Restitution and No Prior Discipline

Date: Mar 21, 2026

Consensual Revocation Is the Presumptive Discipline for Large-Scale Client-Fund Conversion Despite Restitution and No Prior Discipline 1. Introduction Office of Lawyer Regulation v. Guy K. Fish (2026...

WCA § 426.110(4)(c) Bars Damages Class Actions Upon an “Appropriate Remedy” Offered to the Named Plaintiff (Not the Putative Class)

Date: Mar 7, 2026

WCA § 426.110(4)(c) Bars Damages Class Actions Upon an “Appropriate Remedy” Offered to the Named Plaintiff (Not the Putative Class) 1) Introduction In Heather Gudex v. Franklin Collection Service,...

Domestic-Violence Misdemeanor Convictions Are Professional Misconduct, but Extraordinary Rehabilitation and OLR Delay May Justify a Public Reprimand (Office of Lawyer Regulation v. Doherty)

Date: Mar 6, 2026

Domestic-Violence Misdemeanor Convictions Are Professional Misconduct, but Extraordinary Rehabilitation and OLR Delay May Justify a Public Reprimand Office of Lawyer Regulation v. Ryan V. Doherty...

State v. J.D.B. (2026 WI 5): Appellate Review of Sell Factors—De Novo for Governmental Interest; Clear Error for Factors 2–4; No Mandatory “Green” Checklist

Date: Feb 27, 2026

State v. J.D.B. (2026 WI 5): Appellate Review of Sell Factors—De Novo for Governmental Interest; Clear Error for Factors 2–4; No Mandatory “Green” Checklist I. Introduction Parties and posture. The...

State v. J.D.B. (2026 WI 5): Appellate Review Framework for Sell Orders—Factor One De Novo; Factors Two–Four Clearly Erroneous; Green Checklist Rejected

Date: Feb 27, 2026

State v. J.D.B. (2026 WI 5): Appellate Review Framework for Sell Orders—Factor One De Novo; Factors Two–Four Clearly Erroneous; Green Checklist Rejected I. Introduction Case: State v. J.D.B., 2026 WI...

Wisconsin Clarifies the “Instrument or Agent” Test: ESP CSAM Scanning Remains a Private Search Under a Totality-of-the-Circumstances Analysis

Date: Feb 27, 2026

Wisconsin Clarifies the “Instrument or Agent” Test: ESP CSAM Scanning Remains a Private Search Under a Totality-of-the-Circumstances Analysis Introduction State v. Andreas W. Rauch Sharak (2026 WI 4)...

ESPs Remain Private Actors When Scanning for CSAM; Payano-Roman Factors Are Non-Dispositive Under a Totality Test

Date: Feb 26, 2026

ESPs Remain Private Actors When Scanning for CSAM; Payano-Roman Factors Are Non-Dispositive Under a Totality Test I. Introduction In State v. Andreas W. Rauch Sharak (2026 WI 4), the Wisconsin...