Decision in 'Office of Lawyer Regulation v. Maynard' 2009 WI 106

Wisconsin Supreme Court decision today in this case (2008AP417-D) adopted the referees finding and recommendations and ordered a 90 day suspension. Opinion Per Curiam.

See 2009-2010 Term of the Wisconsin Supreme Court

Decision in 'Pawlowski v. American Family Mutual Ins. Co.' 2009 WI 105

I am not my brother’s dog’s keeper, commentary by David Ziemer, Wisconsin Law Journal, December 30, 2009


Woman liable for injury caused by houseguest’s dog, Wisconsin Supreme Court says, by Alex De Grand, State Bar of Wisconsin, December 30, 2009


The Wisconsin Supreme Court today issued its decision in this case (2007AP2651) affirming the Court of Appeals, 2009 WI App 7, 315 Wis. 2d 799, 762 N.W.2d 802 (2009). See Argument. Opinion by Chief Justice Abrahamson for a unanimous court.

¶3 ... a homeowner is liable under Wis. Stat. §174.02, as a person who either "harbors" or "keeps" a dog, for injuries caused by a dog she allows to reside in her home when the dog injures a third party after the unleashed dog is allowed out of the house by its legal owner.

See 2009-2010 Term of the Wisconsin Supreme Court

On appeal, week of December 28, 2009

Opinions issued by the Wisconsin Supreme Court and Wisconsin Court of Appeals

Wisconsin Supreme Court Oral Argument Schedule for January 2010 (posted October 19, 2009), February 2010 (updated December 22, 2009), and March 2010 (posted December 7, 2009)

Wisconsin Supreme Court Pending Cases (updated December 29, 2009)

Wisconsin Supreme Court Pending Rules Petitions (updated December 11, 2009)

Wisconsin Court of Appeals Oral Argument Schedule (updated December 16, 2009)

A New Deal Constitution

A satirical revision of the United States Constitution by H.L. Menchken in 1937 to accommodate the tyranny of the New Deal. Even more appropriate today than then.

Governor Doyle's Festivus Pole

at the Wisconsin Historical Society (via Althouse)

State Bar Board of Governors Minutes September 11-13, 2009

Draft, presumably approved at the December 4, 2009 meeting.

Next meeting February 26, 2010 State Bar Center, Madison

On appeal, week of December 21, 2009

Opinions issued by the Wisconsin Court of Appeals

Wisconsin Supreme Court Oral Argument Schedule for January 2010 (posted October 19, 2009), February 2010 (posted November 19, 2009), and March 2010 (posted December 7, 2009)

Wisconsin Supreme Court Pending Cases (updated December 22, 2009) added:
Saddle Ridge Corp. v. Board of Review for Town of Pacific (2007AP2886) review
Miller v. The Hanover Insurance Co. (2008AP1494) review
Metropolitan Associates v. City of Milwaukee (2009AP524) review
Synopses at Supreme Court accepts three new cases, press release December 21, 2009

Wisconsin Supreme Court Pending Rules Petitions (updated December 11, 2009)

Wisconsin Court of Appeals Oral Argument Schedule (updated December 16, 2009)

The Conservative-Christian Big Thinker

David D. Kirkpatrick profiles Robert P. George in last Sunday's edition of The New York Times Magazine.

Professor George was featured speaker at the Milwaukee Chapter's March 30, 2000 event.

Happy New Decade!

To all the civil procedure mavens who love to win on procedural technicalities.

Accurate & Balanced Reporting on the Wisconsin Supreme Court

Daniel Suhr at the Marquette University Law School Faculty Blog December 17, 2009 (via WisOpinion)

See Wisconsin Supreme Court withdraws earlier vote on recusal rules

Socialized health care

Prof. Richard Epstein explains why the Reid Bill is unconstitutional.

President Obama Nominates Marquette Lawyer to Fourth Circuit

Joseph D. Kearney reports at the Marquette University Law Faculty Blog December 17, 2009

Yesterday, the Senate Judiciary Committee held a hearing on President Obama’s nomination of a Marquette lawyer—the Hon. James A. Wynn, Jr., L’79—to a seat on the United States Court of Appeals for the Fourth Circuit.

Judge Wynn participated our January 29, 2009 event, presented jointly with the ACS Milwaukee Chapter.

Disbursements

Although a disbursement, by definition, is money paid out, in Wisconsin, you can get reimbursed for disbursements that were never paid out.

On appeal, week of December 14, 2009

Opinions issued by the Wisconsin Court of Appeals

Wisconsin Supreme Court Oral Argument Schedule for January 2010 (posted October 19, 2009), February 2010 (posted November 19, 2009), and March 2010 (posted December 7, 2009)

Wisconsin Supreme Court Pending Cases (updated December 16, 2009)

Wisconsin Supreme Court Pending Rules Petitions (updated December 11, 2009)

Wisconsin Court of Appeals Oral Argument Schedule (updated December 1, 2009)

The Overcoat

Just a little commentary for attorneys who attend lots of social functions, or for anyone who loves Gogol.

Personal Jurisdiction

The plain language of sec. 801.05(1)(d) fails to give Wisconsin courts the full breadth of personal jurisdiction that the Due Process Clause allows.

Resignation not coerced when employee told to quit or be fire, court of appeals says

Alex De Grand, State Bar of Wisconsin, reports that the Court of Appeals decision in Mercer v. City of Fond du Lac (2009AP505) is not as quite as harsh as the headline writer claims.

Update: either consensus reached or typo fixed.

SBW president-elect candidates name most important issue of campaign, explain why you should vote for them

The State Bar of Wisconsin reports.

They are James “Jim” M. Brennan, Catholic Charities; Sarah “Sally” Fry Bruch, Crivello Carlson S.C.; Margaret Wrenn Hickey, Becker & Hickey S.C.; and Jay A. Urban, Urban & Taylor S.C., all of Milwaukee.

The Third Branch, Fall 2009

Quarterly newsletter of Wisconsin Courts

Federal court rejects challenge to State Bar public image campaign

Alex De Grand, State Bar of Wisconsin, reports

In a Nov. 23 order, Magistrate Judge Stephen Crocker agreed with the arbitrator that it did not matter whether the public image campaign was germane to the purpose of regulating the legal profession or improving the quality of legal services. Those forced to associate with a state bar organization only suffer a First Amendment violation when they are compelled to contribute to speech contrary to their beliefs, the court concluded.

See Arbitrator determines that Public Image Campaign funding was properly treated by the Bar for dues purposes

Mandatory bar debate heats up

Jack Zemlicka repoted December 11, 2009 at the Wisconsin Law Journal from hearings held by the Strategic Planning Committee of our State Bar on the issue of changing to voluntary membership.

And/or

Since the legislature isn't competent enough to distinguish between "and" and "or," the courts feel the need to treat the terms as interchangeable.

Order on reporting of audio recordings admitted into evidence, 2009 WI 104

Wisconsin Supreme Court order [html | pdf] today effective January 1, 2010. See Preview of Hearing and Conference on required court reporting. In the matter of amendment of Supreme Court Rule 71.01 regarding required reporting of court proceedings (09-05)


See 2009-2010 Term of the Wisconsin Supreme Court

Still more on "The Ethicist"

Ethics, schmethics. What does the law firm's partnership agreement say on the topic?

Milwaukee lawyer urges more federal spending for jobs

Diana Marrero reports in the Milwaukee Journal Sentinel on testimony by Patricia DeLessio of Legal Action of Wisconsin before the U.S. House Budget Committee.

"Recently a client said to me, 'All I want is a job that guarantees me 40 hours a week so I can keep a roof over my family's head and feed my children,'" DeLessio said.

(via WisPolitics)

Notes from the BOG meeting

Jack Zemlicka reports at the Wisconsin Law Journal, December 9, 2009, on the recent meeing of our State Bar's Board of Governors.

After some debate, the Board of Governors endorsed a more economical plan to implement a new brand for the bar along with a slogan specifically aimed at members. A redesign of the organization’s member services brochure is also on tap.

Specifically, $17,500 will be trimmed from the approximately $116,000 branding project, with much of the savings coming on the marketing side, according to Public Image Committee member Kevin J. Palmersheim.

See Board of Governors calls on Supreme Court to approve UPL petition

On appeal, week of December 7, 2009

Opinions issued by the Wisconsin Court of Appeals

Wisconsin Supreme Court Oral Argument Schedule for January 2010 (posted October 19, 2009), February 2010 (posted November 19, 2009), and March 2010 (posted December 7, 2009)

Wisconsin Supreme Court Pending Cases (updated November 19, 2009)

Wisconsin Supreme Court Pending Rules Petitions (updated November 25, 2009)

Wisconsin Court of Appeals Oral Argument Schedule (updated December 1, 2009)

One more reason not to read the NYT

Even the simplest of things are beyond them. In their coverage of the U.S. Supreme Court opinion in Mohawk Industries v. Carpenter, they report that Justice Sotomayor's first opinion drew a "testy concurrence" from Justice Thomas despite "methodical reasoning and a formal writing style."

Had the author, Adam Liptak, actually read the concurrence, he'd have seen that Justice Thomas was actually criticizing the majority opinion from a case decided 60 years ago, Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949).

Intellectual Countermobilization

Bradley C. S. Watson in Intercollegiate Review, Fall 2009, on The Rise of the Conservative Legal Movement: The Battle for Control of the Law (2008), by Steven M. Teles

Bar leaders debate petition for permanent license revocation

Jack Zemlicka reports in the Wisconsin Law Journal

The State Bar’s Professional Ethics Committee and the Office of Lawyer Regulation’s (OLR) Board of Administrative Oversight jointly have filed a petition to amend SCR 21.16 to give the Supreme Court the power to take away an attorney’s license for good.

Wisconsin Supreme Court withdraws earlier vote on recusal rules

Alex De Grand, State Bar of Wisconsin, reported,

Justices determined that they could no longer support their earlier action during an administrative conference held to consider a Nov. 24 letter from the petitioners seeking amended language to resolve the two petitions’ inconsistent terminology for campaign participants before a court.

... Chief Justice Abrahamson said that the court will revisit the matter next month.

Wis. Realtors, Wis. Manufacturers letter re: further amendments (11/24/09)

See Recusal not required on account of campaign contribution, independent expenditure of party to proceedings

More on "The Ethicist"

Amber Taylor discusses her experiences at job interviews with references to the Federalist Society on her resume.

Rule upheld First Amendment rights of voters

Justice Patience Drake Roggensack in the Wisconsin State Journal, December 3, 2009 (via WisOpinion)

See Recusal not required on account of campaign contribution, independent expenditure of party to proceedings

Supreme Court arguments December 8, 2009

9:45 a.m. Sheboygan County DH&HS v. Tanya M. B. (2008AP3065, 2008AP3066, and 2008AP3067) and Sheboygan County DH&HS v. William L. (2009AP136, 2009AP137, and 2009AP138) review of the Court of Appeals decision on the issues:

Whether Wis. Stat. §48.355 requires the trial court to order the DH &HS to provide specific services in a CHIPS (Children In Protective Services) dispositional order aside from the Department’s inherent duty to supervise the case, such that failure to do so render the order void.

Whether the parents waived their right to challenge the form and validity of the CHIPS order by submitting to the court’s jurisdiction for four years.

Synopsis at Supreme Court accepts eight new cases


10:45 a.m. Office of Lawyer Regulation v. Goldstein (2007AP2771-D)

State Bar elections rev up:

State Bar elections rev up: Milwaukee lawyers run for president-elect and Judicial Council posts; nonresidents vie for secretary

Slated candidates announced December 4, 2009

Taking on Unlikables

Questions put to Randy Cohen in The Ethicist column in today's New York Times Magazine include,

While interviewing law students for jobs as paid summer interns and full-time associates for my firm, I noticed several had résumés listing their activities in the Federalist Society. Some of my partners have conservative views similar to those of the society, but I do not. These students’ politics would not affect their professional function, but my review is meant to consider their judgment and personality (though I don’t need to give reasons for the assessments given). May I recommend not hiring someone solely because of his or her politics? NAME WITHHELD, GREENWICH, CONN.

Board of Governors calls on Supreme Court to approve UPL petition

Adam Korbitz, Government Relations Coordinator, reports on yesterday's meeting of the State Bar Board of Governors.

The State Bar’s initiative, called the Legal Services Consumer Protection Act, responds to a directive issued by the court in 2004 asking the State Bar to document the consumer impact of unqualified individuals practicing law and to recommend changes.

See State Bar plans to reform UPL petition

In the Matter of the Definition of the Practice of Law and the Administration of a Rule Defining the Practice of Law (07-09)


Also,

The board voted to support Judicial Council Petition 09-01, to amend Wis. Stat. sections 802.10, 804.08, 804.09, 804.12, and 805.07, relating to discovery of electronically stored information.

See Petition filed on electronic discovery

In re: Proposed Amendments to Wisconsin Statutes 802.10, 804.08, 804.09, 804.12, and 805.07 (09-01)


And,

The governors voted to approve the State Bar Public Image Committee’s recommendations for better communication of the organization’s purpose to members and the public. Specifically, the governors endorsed an initiative for the use of a slogan and logo and a redesign of the State Bar’s member benefits brochure.

See The Making of Sausage, by Douglas W. Kammer, Wisconsin Lawyer, September 2009

Board of Governors adopts policy position reaffirming the essential role of defense attorneys in the criminal justice system

Tom Solberg reported yesterday on the meeting of the State Bar Board of Governors.

Supreme Court accepts seven new cases

Announced December 3, 2009, those cases, with synopses, are:

State v. Littlejohn (2007AP900-CR)
State v. Dearborn (2007AP1894-CR)
State v. Robinson (2008AP266)
Borek Cranberry Marsh Inc. v. Jackson County (2008AP1144)
Washington Co. v. Washington Co. Depty. Sheriff’s Assoc. (2008AP1210)
State v. Jones (2008AP2342)
Society Ins. v. Labor and Industry Review Commission (2008AP3135)

See On appeal, week of November 16, 2009

Decision in 'Office of Lawyer Regulation v. Nussberger' 2009 WI 103

Wisconsin Supreme Court decision today in this case (2009AP353-D) approving stipulation and ordering public reprimanded.

Per Curiam opinion


See 2009-2010 Term of the Wisconsin Supreme Court

Impartial Justice?

The public financing law appears designed to increase the influence of special interests rather than decrease it.

Stronger together

The theme of the 2009 State Bar Annual Report is Stronger together: Joining forces to advance the legal profession and the justice system.

The question currently pending is whether this should addressed to lawyers or the Supreme Court.

State Bar sections gear up for end-of-session rush

by Adam Korbitz, Government Relations Coordinator, State Bar of Wisconsin

Supreme Court arguments December 2, 2009

9:45 a.m. Milwaukee Symphony Orchestra v. Department of Revenue (2008AP1684) review of the Court of Appeals decision, 2009 WI App 69, on the issue:

Does the term “entertainment” as used in Wis. Stat. § 77.52(2)(a)2. include the admission to a symphonic event, such as performed by the Milwaukee Symphony Orchestra?

Synopsis at Supreme Court accepts four new cases

Supreme Court to hear orchestra tax dispute, by Bruce Vielmetti, Proof and Hearsay, Milwaukee Journal Sentinel, August 21, 2009

Meeting of the Wisconsin Judicial Council October 16, 2009

Minutes approved at the November 20, 2009 meeting and posted.

Next scheduled meeting December 18, 2009.

Third Annual ABA Journal Blawg 100

by Molly McDonough and Sarah Randag

(via Althouse)

Decision in 'Office of Lawyer Regulation v. Langkamp' 2009 WI 102

Wisconsin Supreme Court decision today in this case (2008AP2283-D) approves stipulation and orders 60 day suspension.

Opinion Per Curiam


See 2009-2010 Term of the Wisconsin Supreme Court

On appeal, week of November 30, 2009

Opinions issued by the Wisconsin Supreme Court and Wisconsin Court of Appeals

Wisconsin Supreme Court Oral Argument Schedule for December 2009 (October 27, 2009), January 2010 (posted October 19, 2009), and February 2010 (posted November 19, 2009)

Wisconsin Supreme Court Pending Cases (updated November 19, 2009)

Wisconsin Supreme Court Pending Rules Petitions (Updated: November 25, 2009)

Wisconsin Court of Appeals Oral Argument Schedule (updated November 2, 2009)