Wisconsin Case Commentaries

Reinforcement of Procedural Rigors for Original Actions and Non-Party Amicus Briefs under Wisconsin Supreme Court Practice

Date: May 16, 2025

Reinforcement of Procedural Rigors for Original Actions and Non-Party Amicus Briefs under Wisconsin Supreme Court Practice Introduction In Elizabeth Bothfeld et al. v. Wisconsin Elections Commission...

Automatic Reversal for Denial of Counsel in Probation Revocation Proceedings

Date: May 1, 2025

Automatic Reversal for Denial of Counsel in Probation Revocation Proceedings Introduction In Matthew C. Skamfer v. Phillip A. Grassmann, 2025 WI 45, file no. 2025AP000952 (Apr. 30, 2025), the Supreme...

In re Scholz: Burden-Shift and Restitution Policy in Attorney Discipline

Date: Apr 19, 2025

In re Scholz: Burden-Shift and Restitution Policy in Attorney Discipline Introduction Office of Lawyer Regulation v. Carl Robert Scholz, 2025 WI 13, presents a watershed moment in Wisconsin...

Defining the Bounds of the Wisconsin Governor’s Partial Veto: Striking Digits to Alter Fiscal Duration Permissible Under Article V § 10

Date: Apr 19, 2025

Defining the Bounds of the Wisconsin Governor’s Partial Veto: Striking Digits to Alter Fiscal Duration Permissible Under Article V § 10 Introduction In Jeffery A. LeMieux, et al. v. Tony Evers, et...

LeMieux v. Evers: Reinforcing the Constitutional Limits on the Governor’s Partial Veto Power

Date: Apr 19, 2025

LeMieux v. Evers: Reinforcing the Constitutional Limits on the Governor’s Partial Veto Power Introduction In Jeffery A. LeMieux, et al. v. Tony Evers, et al., 2025 WI 12, the Wisconsin Supreme Court...

Restitution Burden Allocation in Attorney Discipline: Shifting the Burden When Restitution Is Not Reasonably Ascertainable

Date: Apr 19, 2025

Restitution Burden Allocation in Attorney Discipline: Shifting the Burden When Restitution Is Not Reasonably Ascertainable Introduction The Supreme Court of Wisconsin’s decision in Office of Lawyer...

Expanding “Arrest Record” Protections Under the Wisconsin Fair Employment Act to Non-Criminal Offenses and Clarifying Employer Motive Standards

Date: Apr 11, 2025

Expanding “Arrest Record” Protections Under the Wisconsin Fair Employment Act to Non-Criminal Offenses and Clarifying Employer Motive Standards Introduction In Oconomowoc Area School District v....

Mandatory Full Disclosure of All Disciplinary Actions in Lawyer Reinstatement Proceedings

Date: Apr 11, 2025

Mandatory Full Disclosure of All Disciplinary Actions in Lawyer Reinstatement Proceedings Introduction The Supreme Court of Wisconsin’s decision in Office of Lawyer Regulation v. Steven D. Johnson...

Expansion of “Arrest Record” to Include Non-Criminal Municipal Offenses under the Wisconsin Fair Employment Act

Date: Apr 11, 2025

Expansion of “Arrest Record” to Include Non-Criminal Municipal Offenses under the Wisconsin Fair Employment Act Introduction Oconomowoc Area School District v. Gregory L. Cota is a 2025 Wisconsin...

Reasonableness and Limited Judicial Review: Deference to WIAA Rule Interpretation under Common‐Law Certiorari

Date: Apr 9, 2025

Reasonableness and Limited Judicial Review: Deference to WIAA Rule Interpretation under Common-Law Certiorari Introduction Case: Hayden Halter, et al. v. Wisconsin Interscholastic Athletic...

Pattern of Repeated OWI Offenses Constitutes Professional Misconduct under SCR 20:8.4(b)

Date: Apr 9, 2025

Pattern of Repeated OWI Offenses Constitutes Professional Misconduct under SCR 20:8.4(b) Introduction This commentary examines the Supreme Court of Wisconsin’s decision in Office of Lawyer Regulation...

Affirming the Reasonableness Standard in Certiorari Review of WIAA Rule 8(a)

Date: Apr 9, 2025

Affirming the Reasonableness Standard in Certiorari Review of WIAA Rule 8(a) Introduction In Hayden Halter v. Wisconsin Interscholastic Athletic Association, 2025 WI 10 (Apr. 8, 2025), the Supreme...

Pattern of Repeat OWI Offenses Constitutes Professional Misconduct Under SCR 20:8.4(b)

Date: Apr 9, 2025

Pattern of Repeat OWI Offenses Constitutes Professional Misconduct Under SCR 20:8.4(b) Introduction The Supreme Court of Wisconsin’s decision in Office of Lawyer Regulation v. Lynne Layber, 2025 WI...

Establishing the Necessity of Demonstrable Personal Injury for Standing in Election Law Appeals

Date: Feb 23, 2025

Establishing the Necessity of Demonstrable Personal Injury for Standing in Election Law Appeals Introduction In the case of Kenneth Brown v. Wisconsin Elections Commission (2025 WI 5), the Supreme...

Wisconsin Supreme Court Affirms WEC's Appointment Duty Limited to Vacancies

Date: Feb 11, 2025

Wisconsin Supreme Court Affirms WEC's Appointment Duty Limited to Vacancies Introduction The Supreme Court of Wisconsin, in the case of Wisconsin Elections Commission, et al. v. Devin LeMahieu, et...

Finality of Court Orders for Appeal Purposes: Insights from Morway v. Morway

Date: Jan 25, 2025

Finality of Court Orders for Appeal Purposes: Insights from Morway v. Morway Introduction Morway v. Morway (2025 WI 3) is a pivotal case decided by the Supreme Court of Wisconsin on January 22, 2025....

Supreme Court Upholds Unitary Precedent of Court of Appeals in Public Records Disclosure: Wisconsin Voter Alliance v. Secord

Date: Jan 23, 2025

Supreme Court Upholds Unitary Precedent of Court of Appeals in Public Records Disclosure: Wisconsin Voter Alliance v. Secord Introduction In the landmark case Wisconsin Voter Alliance, et al. v....

Supreme Court of Wisconsin Denies Reinstatement of Attorney Amoun Vang Sayaovong's License

Date: Dec 20, 2024

Supreme Court of Wisconsin Denies Reinstatement of Attorney Amoun Vang Sayaovong's License Introduction In the case of Office of Lawyer Regulation, Complainant-Respondent, v. Amoun Vang Sayaovong,...

Conditions for Attorney Reinstatement: Insights from Board of Bar Examiners v. Jason S. Jankowski

Date: Dec 8, 2024

Conditions for Attorney Reinstatement: Insights from Board of Bar Examiners v. Jason S. Jankowski Introduction Board of Bar Examiners, et al., v. Jason S. Jankowski (2024 WI 41) is a pivotal case...

Reaffirmation of Progressive Discipline: Second Public Reprimand in Attorney Misconduct Cases – Office of Lawyer Regulation v. Napierala

Date: Dec 8, 2024

Reaffirmation of Progressive Discipline: Second Public Reprimand in Attorney Misconduct Cases – Office of Lawyer Regulation v. Napierala Introduction The case of Office of Lawyer Regulation v. Thomas...