Wisconsin Case Commentaries

Guidance ≠ Rule: The Wisconsin Supreme Court Clarifies that DNR May Enforce the Spills Law Without Substance-Specific Rulemaking

Date: Jun 25, 2025

Guidance ≠ Rule: The Wisconsin Supreme Court Clarifies that DNR May Enforce the Spills Law Without Substance-Specific Rulemaking 1. Introduction In Wisconsin Manufacturers and Commerce, Inc. v....

“The Kaul Doctrine” – Exclusive Executive Authority to Settle Civil-Enforcement and Agency-Directed Litigation

Date: Jun 18, 2025

“The Kaul Doctrine” – Exclusive Executive Authority to Settle Civil-Enforcement and Agency-Directed Litigation 1. Introduction On 17 June 2025 the Wisconsin Supreme Court delivered a unanimous...

“From Vouching to Variables” – State v. Molde Recognizes Purely Statistical Evidence on False Reporting as Permissible Expert Testimony

Date: Jun 18, 2025

“From Vouching to Variables” – State v. Molde Recognizes Purely Statistical Evidence on False Reporting as Permissible Expert Testimony 1. Introduction State v. Jobert L. Molde, 2025 WI 21, presented...

No Presumed Confidentiality in Remote Hearings – State v. Grady (2025 WI 22)

Date: Jun 18, 2025

No Presumed Confidentiality in Remote Hearings: The Wisconsin Supreme Court’s Ruling in State v. Kordell L. Grady (2025 WI 22) Key Holding: During remote or hybrid court proceedings, a circuit court...

State v. Molde (2025): Wisconsin Supreme Court Declares Statistical False-Report Evidence Does Not Breach the Haseltine Anti-Vouching Rule

Date: Jun 18, 2025

State v. Molde (2025): Wisconsin Supreme Court Declares Statistical False-Report Evidence Does Not Breach the Haseltine Anti-Vouching Rule Introduction State of Wisconsin v. Jobert L. Molde In 2025...

“Speak Up or Waive It” – The Wisconsin Supreme Court Narrows Due-Process Protection for Confidential Attorney–Client Consultation in Remote Hearings

Date: Jun 18, 2025

“Speak Up or Waive It” – The New Wisconsin Rule on Confidential Attorney–Client Communications During Remote Proceedings Introduction In State v. Kordell L. Grady, 2025 WI 22, the Wisconsin Supreme...

Discretionary Best‐Interests Standard in TPR Dispositions: No Burden of Proof Imposed

Date: Jun 10, 2025

Discretionary Best‐Interests Standard in TPR Dispositions: No Burden of Proof Imposed Introduction State of Wisconsin v. H.C. is a 2025 decision by the Wisconsin Supreme Court addressing whether, in...

Consent-Based License Revocation Under SCR 22.19 for Criminal Acts Reflecting on Attorney Fitness

Date: May 29, 2025

Consent-Based License Revocation Under SCR 22.19 for Criminal Acts Reflecting on Attorney Fitness Introduction Office of Lawyer Regulation v. Leslie M. Smith, 2025 WI 19, represents a watershed in...

License Revocation by Consent under SCR 22.19 for Criminal Acts Reflecting on Lawyer Fitness

Date: May 29, 2025

License Revocation by Consent under SCR 22.19 for Criminal Acts Reflecting on Lawyer Fitness Introduction In Office of Lawyer Regulation v. Leslie M. Smith, 2025 WI 19, the Supreme Court of Wisconsin...

Reaffirming Reinstatement Standards Under SCR 22.305: Office of Lawyer Regulation v. Rosin

Date: May 28, 2025

Reaffirming Reinstatement Standards Under SCR 22.305: Office of Lawyer Regulation v. Rosin Introduction Office of Lawyer Regulation v. Kevin R. Rosin, 2025 WI 18, is a Supreme Court of Wisconsin...

Suspension Standard for Judicial Misconduct: Impartiality, Decorum, and Public Confidence Established in Wisconsin v. Berz (2025 WI 17)

Date: May 28, 2025

Suspension Standard for Judicial Misconduct: Impartiality, Decorum, and Public Confidence Established in Wisconsin v. Berz (2025 WI 17) Introduction The Supreme Court of Wisconsin’s decision in...

Stipulated Reinstatement under SCR 22.30(5)(b): Criteria and Application in Office of Lawyer Regulation v. Kevin R. Rosin

Date: May 28, 2025

Stipulated Reinstatement under SCR 22.30(5)(b): Criteria and Application in Office of Lawyer Regulation v. Kevin R. Rosin Introduction Office of Lawyer Regulation v. Kevin R. Rosin, 2025 WI 18...

Reinforcing Stipulation-Based Reinstatement Under SCR 22.30(5)(b): Office of Lawyer Regulation v. Kevin R. Rosin

Date: May 28, 2025

Reinforcing Stipulation-Based Reinstatement Under SCR 22.30(5)(b): Office of Lawyer Regulation v. Kevin R. Rosin Introduction In Office of Lawyer Regulation v. Kevin R. Rosin, 2025 WI 18 (Wis. May...

Judicial Composure and Impartiality: Suspension for Willful Violations of the Judicial Code of Ethics

Date: May 28, 2025

Judicial Composure and Impartiality: Suspension for Willful Violations of the Judicial Code of Ethics Introduction Wisconsin Judicial Commission v. Ellen K. Berz (2025 WI 17) is a per curiam...

Reinstatement by Joint Stipulation Under SCR 22.30(5)(b): Office of Lawyer Regulation v. Rosin

Date: May 28, 2025

Reinstatement by Joint Stipulation Under SCR 22.30(5)(b): Office of Lawyer Regulation v. Rosin Introduction Office of Lawyer Regulation v. Kevin R. Rosin, decided May 27, 2025 by the Supreme Court of...

Expanding the Scope of “Physician Who Treats” under Wisconsin’s Informed Consent Statute

Date: May 24, 2025

Expanding the Scope of “Physician Who Treats” under Wisconsin’s Informed Consent Statute Introduction This commentary examines the Wisconsin Supreme Court’s decision in Melissa A. Hubbard v. Carol J....

Imposition of Pro Se Filing Restrictions to Prevent Abusive Litigation Practices

Date: May 22, 2025

Imposition of Pro Se Filing Restrictions to Prevent Abusive Litigation Practices Introduction In the case of Stickney v. The Hon. Daniel G. Wood, No. 2025AP873-OA, decided May 21, 2025 by the Supreme...

Inherent Authority to Impose Filing Restrictions on Abusive Pro Se Litigants

Date: May 22, 2025

Inherent Authority to Impose Filing Restrictions on Abusive Pro Se Litigants Introduction In In re Tyler C. Frick, the Supreme Court of Wisconsin addressed a recurring pattern of abusive filings by...

Court’s Authority to Impose Filing Restrictions on Abusive Pro Se Litigants

Date: May 22, 2025

Court’s Authority to Impose Filing Restrictions on Abusive Pro Se Litigants Introduction In the Supreme Court of Wisconsin’s order dated May 21, 2025, the Court dismissed an original action petition...

Procedural Safeguards for Original Actions under Wisconsin Supreme Court Rules

Date: May 16, 2025

Procedural Safeguards for Original Actions under Wisconsin Supreme Court Rules Introduction In Kate Felton v. Wisconsin Elections Commission (No. 2025AP999-OA), the Wisconsin Supreme Court considered...