Wisconsin Case Commentaries

Wisconsin Adopts Virtual-Certainty Private-Search Rule for Hash-Flagged CSAM Files

Date: Jan 17, 2026

Wisconsin Adopts Virtual-Certainty Private-Search Rule for Hash-Flagged CSAM Files Introduction State v. Michael Joseph Gasper (2026 WI 3) presented the Wisconsin Supreme Court with a recurring...

Hash-Scan Private Search Doctrine: Government Viewing of a PhotoDNA-Flagged CSAM File Does Not Exceed the Private Search

Date: Jan 17, 2026

Hash-Scan Private Search Doctrine: Government Viewing of a PhotoDNA-Flagged CSAM File Does Not Exceed the Private Search Case: State v. Michael Joseph Gasper, 2026 WI 3 (Wis. Jan. 14, 2026) Court:...

Prolonged Probate Neglect Violates SCR 20:1.3, but Mitigation May Support Public Reprimand (and Full Costs Absent “Exceptional Circumstances”)

Date: Jan 11, 2026

Prolonged Probate Neglect Violates SCR 20:1.3, but Mitigation May Support Public Reprimand (and Full Costs Absent “Exceptional Circumstances”) 1. Introduction Office of Lawyer Regulation v. Bryant H....

Public Reprimand for Prolonged Probate Neglect Under SCR 20:1.3; Full Costs Required Absent Exceptional Circumstances

Date: Jan 11, 2026

Public Reprimand for Prolonged Probate Neglect Under SCR 20:1.3; Full Costs Required Absent Exceptional Circumstances Introduction Office of Lawyer Regulation v. Bryant H. Klos (2026 WI 1) is a...

Campaign Criticism and Judicial Recusal: Office of Lawyer Regulation v. Gableman and the Limits of “Appearance of Bias” in Wisconsin

Date: Dec 6, 2025

Campaign Criticism and Judicial Recusal: Office of Lawyer Regulation v. Michael J. Gableman and the Limits of “Appearance of Bias” in Wisconsin I. Introduction This commentary analyzes the December...

Broadening “Apportionment” in Wisconsin: Three‑Judge Panels for All Congressional and Legislative Redistricting Challenges After Bothfeld v. WEC

Date: Nov 30, 2025

Broadening “Apportionment” in Wisconsin: Three‑Judge Panels for All Congressional and Legislative Redistricting Challenges After Bothfeld v. Wisconsin Elections Commission I. Introduction The...

Broad Construction of “Apportionment” and Mandatory Three‑Judge Panels in Wisconsin Redistricting Challenges: Commentary on Wisconsin Business Leaders for Democracy v. WEC

Date: Nov 30, 2025

Broad Construction of “Apportionment” and Mandatory Three‑Judge Panels in Wisconsin Redistricting Challenges Commentary on Wisconsin Business Leaders for Democracy v. Wisconsin Elections Commission,...

Identical Discipline Under SCR 22.22: Minnesota Disbarment Equals Wisconsin Revocation, Not Suspension

Date: Nov 15, 2025

Identical Discipline Under SCR 22.22: Minnesota Disbarment Equals Wisconsin Revocation, Not Suspension Introduction In Office of Lawyer Regulation v. Michael B. Padden, 2025 WI 47, the Wisconsin...

Reciprocal Discipline Clarified: Wisconsin Revocation Is the Identical Sanction to Minnesota Disbarment, Despite Reinstatement Differences

Date: Nov 15, 2025

Reciprocal Discipline Clarified: Wisconsin Revocation Is the Identical Sanction to Minnesota Disbarment, Despite Reinstatement Differences Introduction In Office of Lawyer Regulation v. Michael B....

Reinstatement Is Not a Silo: Wisconsin Supreme Court Imposes an Affirmative Duty to Disclose Concurrent Discipline and Confirms the Expansive Scope of SCR 22.305 (Office of Lawyer Regulation v. Steven D. Johnson, 2025 WI 45)

Date: Oct 13, 2025

Reinstatement Is Not a Silo: Wisconsin Supreme Court Imposes an Affirmative Duty to Disclose Concurrent Discipline and Confirms the Expansive Scope of SCR 22.305 Case: Office of Lawyer Regulation v....

“Reinstatement Is Not a Silo”: Wisconsin Supreme Court mandates disclosure of intervening discipline and reaffirms the far‑ranging scope of reinstatement inquiries under SCR 22.305, SCR 22.29(4), and SCR 22.40

Date: Oct 13, 2025

“Reinstatement Is Not a Silo”: Wisconsin Supreme Court mandates disclosure of intervening discipline and reaffirms the far‑ranging scope of reinstatement inquiries under SCR 22.305, SCR 22.29(4), and...

Tribal Bar Admission Is Not “Admission in a State, Territory, or D.C.” Under SCR 40.04(1); Exam-Eligibility Denials Are Reviewable Under the Court’s Supervisory Authority

Date: Oct 10, 2025

Tribal Bar Admission Is Not “Admission in a State, Territory, or D.C.” Under SCR 40.04(1); Exam-Eligibility Denials Are Reviewable Under the Court’s Supervisory Authority Introduction In Joy Morris...

Gatekeeping the Three‑Judge Panel: Wisconsin Supreme Court Requires Threshold Showing that a Redistricting Suit Is an “Apportionment” Challenge Before § 751.035 Is Triggered

Date: Sep 27, 2025

Gatekeeping the Three‑Judge Panel: Wisconsin Supreme Court Requires Threshold Showing that a Redistricting Suit Is an “Apportionment” Challenge Before § 751.035 Is Triggered Introduction In a...

Gatekeeping Before Appointing Three‑Judge Redistricting Panels: Wisconsin Supreme Court to Decide What Counts as an “Apportionment” Challenge Under Wis. Stat. § 801.50(4m)

Date: Sep 27, 2025

Gatekeeping Before Appointing Three‑Judge Redistricting Panels: Wisconsin Supreme Court to Decide What Counts as an “Apportionment” Challenge Under Wis. Stat. § 801.50(4m) Introduction In Wisconsin...

Burkert: Two-Year Suspension and Full Restitution as a Condition to File for Reinstatement in Law‑Firm Fee Diversion Cases

Date: Sep 13, 2025

Burkert: Two-Year Suspension and Full Restitution as a Condition to File for Reinstatement in Law‑Firm Fee Diversion Cases Introduction In Office of Lawyer Regulation v. Matthew V. Burkert, 2025 WI...

Complete Restitution as a Precondition to Reinstatement and a Two-Year Benchmark for Law‑Firm Fee Diversion: Office of Lawyer Regulation v. Burkert (2025 WI 44)

Date: Sep 13, 2025

Complete Restitution as a Precondition to Reinstatement and a Two-Year Benchmark for Law‑Firm Fee Diversion Office of Lawyer Regulation v. Matthew V. Burkert, 2025 WI 44 (Wisconsin Supreme Court,...

Default, Progressive Discipline, and Revocation: The Kovac Decision’s Reinforcement of Wisconsin’s Lawyer-Regulation Framework

Date: Aug 19, 2025

Default, Progressive Discipline, and Revocation: Office of Lawyer Regulation v. Peter J. Kovac and the Supreme Court of Wisconsin’s Latest Guidance on Attorney Misconduct 1. Introduction In Office of...

From Forgery to 30-Month Suspension: The Wisconsin Rule on Repeated Will-Witness Fraud Absent Broader Misconduct

Date: Aug 19, 2025

From Forgery to 30-Month Suspension: The Wisconsin Rule on Repeated Will-Witness Fraud Absent Broader Misconduct Introduction In Office of Lawyer Regulation v. John P. Buran, 2025 WI 40, the...

Progressive Discipline Re-Calibrated: Wisconsin Supreme Court Authorises Mid-Range (18-Month) Suspensions for Recidivist Attorney Misconduct

Date: Aug 19, 2025

Progressive Discipline Re-Calibrated: Wisconsin Supreme Court Authorises Mid-Range (18-Month) Suspensions for Recidivist Attorney Misconduct Introduction The decision in Office of Lawyer Regulation...

The Kovac Default Doctrine: When Serial Misconduct and Procedural Default Mandate Revocation in Wisconsin Attorney Discipline

Date: Aug 16, 2025

The Kovac Default Doctrine: Serial Misconduct + Procedural Default = Mandatory Revocation in Wisconsin Introduction Office of Lawyer Regulation v. Peter J. Kovac, 2025 WI 41 is the latest and most...