Milwaukee Federalists (former site)

Continued at our new location

2007-12-31T23:59:00.000-06:00

R.I.P. RSB, WSC

2007-12-31T16:20:00.000-06:00

On January 1, 2008 the Revisor of Statutes Bureau will cease to exist and the Legislative Reference Bureau will assume responsibility for the Revisor's duties. and The Wisconsin Sentencing Commission and its statutory provisions under [Wis. Stat.] §973.30 were eliminated in the State’s 2007-09 Biennium Budget. Neither the Commission nor any other agency will continue to collect and analyze

This Week in Liberal Judicial Activism: Week of December 31, 2007

2007-12-31T09:50:00.000-06:00

Ed Whelan at Bench Memos. Mr. Whelan was the featured speaker at our chapter's March 8th luncheon.

Professor challenges amendment banning gay marriage

2007-12-30T07:48:00.000-06:00

Stacy Forster reports in the Milwaukee Journal Sentinel on a lawsuit pending in the Circuit Court for Dane County alleging the recent amendment to the Wisconsin Constitution is invalid. The amendment [Wisconsin Constitution Article XIII, Section 13] reads: "Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state. A legal status identical or

Bills enacted December 21, 2007, Act 42

2007-12-27T13:16:00.000-06:00

Act 42 Regulation of cable television and video service providers, granting rule-making authority, and making an appropriation.

Comments of the Speaker of the Assembly, Michael Huebsch, on proposed draft of the Redistricting Committee

2007-12-26T13:35:00.000-06:00

The Wheeler Report posts his December 21, 2007 filing with the Wisconsin Supreme Court (No. 02-03) elaborating on his remarks (see this earlier post) on the Committee's report (see this earlier post) proposing procedures if there is a legislative impasse on redistricting after the next census.

This Week in Liberal Judicial Activism: Week of December 24, 2007

2007-12-24T08:01:00.000-06:00

Ed Whelan at Bench Memos. Mr. Whelan was the featured speaker at our chapter's March 8th luncheon.

State Bar supports limited-license proposal for in-house counsel

2007-12-22T14:31:00.000-06:00

Jack Zemlicka reported in the Wisconsin Law Journal, December 17, 2007. The endorsed proposal would allow non-resident attorneys in good standing with their native bar association to practice with a Wisconsin employer and be subject to a one-time licensure fee and an annual Office of Lawyer Regulation (OLR) assessment.

Open enrollment school district transfers may not be denied because of applicant's race

2007-12-22T14:29:00.000-06:00

Wisconsin Attorney General J. B. Van Hollen issued a formal opinion (OAG-4-07) December 20, 2007 applying Parents Involved in Community Schools, et al. v. Seattle School Dist. No. 1, et al., to Wis. Stat. sec. 118.51(7). Van Hollen’s opinion analyzes the application of the statute and concludes that “the effect of section 118.51(7)(a) upon an otherwise eligible open enrollment applicant who

Bills enacted December 17, 2007, Acts 40-41

2007-12-22T14:27:00.001-06:00

Act 40 Payment of the costs of advanced placement examinations taken by certain pupils. Act 41 The filing of certain forms related to tax incremental financing district number 6 in the city of Rhinelander.

Exigent circumstances

2007-12-21T15:03:00.000-06:00

If police show up at a house with a battering ram, and nothing happens, have the police created exigent circumtances, or are exigent circumstances lacking altogether? Prior case law in the Seventh Circuit says the former; a new decision says the latter.

Statement of the Wisconsin Judicial Campaign Integrity Committee

2007-12-20T12:56:00.000-06:00

One Wisconsin Now had asked the Wisconsin Judicial Campaign Integrity Committee to examine campaign literature for Judge Michael Gableman. Judge Gableman has announced he intends to run against incumbent Supreme Court Justice Louis Butler. The Committee was formed by our State Bar's President Tom Basting. (see this earlier post) The Committee has now posted its decision at our State Bar's web

What happens in Vegas stays in Vegas

2007-12-19T12:32:00.000-06:00

Lose a fortune on credit to a Wisconsin Indian casino, and its an enforceable debt. Lose it to a Vegas casino, and it just disappears... as long as you file for bankruptcy before the casino can reduce the debt to a judgment in Nevada first.

Chief Justice Shirley Abrahamson speaks out about public financing for campaigns

2007-12-17T13:51:00.000-06:00

Karen Lincoln Michel reported in the Green Bay Press-Gazette on the Chief Justice's remarks about the court's letter supporting, in principle, public financing of campaigns for judicial office. (see this earlier post) "The reason we all signed on to the concept of a meaningful public financing system for justices is that it is part and parcel of ensuring people a fair,

This Week in Liberal Judicial Activism: Week of December 17, 2007

2007-12-17T09:13:00.000-06:00

Ed Whelan at Bench Memos. Mr. Whelan was the featured speaker at our chapter's March 8th luncheon.

Administrative Register effective December 15, 2007

2007-12-16T16:06:00.000-06:00

The Revisor of Statutes Bureau has issued the first half of No. 624

Bills enacted December 11, 2007, Acts 37-39

2007-12-15T13:16:00.000-06:00

Act 37 An exception for law enforcement dogs to the requirement that a dog that bites a person be quarantined. Act 38 Special distinguishing registration plates associated with first responders. Act 39 Changes to the Health Insurance Risk-Sharing Plan.

In the matter of the Amendment of Supreme Court Rule 32.01, order December 14, 2007

2007-12-14T12:50:00.001-06:00

The order (in No. 07-07) amends Supreme Court Rule 32.01 to add "2 circuit court commissioners appointed by the supreme court" to the Judicial Education Committee.

Appellate Opinions Released December 12, 2007

2007-12-13T19:23:00.000-06:00

The Wisconsin Supreme Court released the following opinion: Wisconsin Realtors Assoc. v. Town of West Point (The Court vacated its order certifying the question of whether certain statutes provide the Town with the authority to enact a moratorium on land division. The Court remanded the case to the Court of Appeals). The Wisconsin Court of Appeals released these opinions, but did not recommend

Supreme Court rules on State Bar petitions, grants nonresidents "pure" CLE comity, moves on unauthorized practice of law, among other actions

2007-12-13T12:41:00.001-06:00

Our State Bar reports on the results of the Wisconsin Supreme Court's December 10, 2007 hearings on several petitions by the bar. (see this earlier post) On continuing legal education comity, The court adopted a pure comity rule for CLE requirements for State Bar nonresident members. Pure comity respects the CLE requirements of other states without demanding that they be identical or nearly

Federal Sentencing Law

2007-12-12T13:39:00.000-06:00

"You keep using that word. I don't think it means what you think it means." Princess Bride (1987). The U.S. Supreme Court addresses appellate review of below-guideline sentences, explicitly discussing the standard applied in the Seventh Circuit. However, it appears from the opinion that the Court misunderstands the standard that the Seventh Circuit uses.

Oral argument December 13, 2007

2007-12-12T07:48:00.000-06:00

The Wisconsin Supreme Court has scheduled oral argument in the following. 9:45 a.m. State v. Brian H. Duchow (05AP2175-CR) Update: Summary when review granted This case involves a boy with Down Syndrome. When his behavior appeared to change after he began riding a school bus driven by the defendant, Brian Duchow, the boy’s parents placed a tape recorder in the boy’s backpack. The recordings

Appellate Opinions Released December 11, 2007

2007-12-11T20:08:00.000-06:00

The Wisconsin Supreme Court released the following opinion: State v. Ford (The bailiff's contact with the crime victim was not structural error requiring automatic reversal of conviction, and the trial court did not abuse its discretion in finding insufficient prejudice to warrant mistrial. Further, the trial court did not err in allowing witnesses testify to the contents of a surveillance tape

High court backs public financing

2007-12-11T12:53:00.000-06:00

Mark Pitsch reports in the Wisconsin State Journal. All seven members of the state Supreme Court have endorsed public financing of elections for that court, saying it is needed to "protect " the judiciary. In addition, another of the prospective candidates in the next Supreme Court election, [Burnett County Circuit Judge Michael] Gableman supports full

Oral argument December 12, 2007

2007-12-11T09:16:00.000-06:00

The Wisconsin Supreme Court has scheduled oral argument in the following. 9:45 a.m. State v. Keith A. Davis (06AP1954-CR) 10:45 a.m.(?) AccuWeb, Inc. v. Foley & Lardner, et al. (05AP3190) 1:30 p.m. State v. Dwight M. Sanders (06AP2060) Update: Hot pursuit law goes before state Supreme Court by Brendan O'Brien, Racine Journal Times (via Proof and Hearsay) Live audio of arguments are available.