For attorneys involved in child protective services (CHIPS) cases, it is helpful to understand the various forms of economics involved in the payment of care for the children. My perspective is from the circuit court level, primarily as guardian ad litem in Sheboygan County cases. The first part of this article sets forth the types of funds that are available in CHIPS, minor guardianship, or post-TPR adoption cases. The second part of this article briefly takes a broader perspective
Continue Reading Tip of the Month: Economics and Children in Protective Care

State v. John Mull, 2020AP1362, petition for review of a per curiam opinion granted, 5/18/22, case activity (including briefs)
Question Presented (from petition):

Under binding case law, in reviewing an ineffective assistance claim, the court must defer to a trial attorney’s strategic decisions. Here, the circuit court found Mull’s attorney used reasonable strategies in choosing a defense and handling cross-examination of a witness, and it deferred to the attorney’s strategy. But the court of appeals substituted its
Continue Reading SCOW to review deference owed to trial counsel’s strategic decisions

“Miss Goodell is a person of rather a singular character.”

Written by a friend of Lavinia Goodell, May 9, 1866

When she died in 1880, Lavinia Goodell left behind hundreds of letters, multiple diaries, and many published articles which provide insight into her character and personality, but how did the people closest to her view her? Fortunately the William Goodell Family Papers in the Special Collections and Archives at Berea College in Berea, Kentucky provide firsthand descriptions of Lavinia
Continue Reading “Miss Goodell is a person of rather a singular character.”

Being arrested for drunk driving can cause a number of difficulties in a person’s life. A conviction for charges of operating while intoxicated (OWI) can result in a number of penalties, including large fines and potential jail time. However, one other issue that can play a significant role in these cases is the loss of driving privileges. An OWI conviction will typically result in a driver’s license suspension, and in some cases, after a person regains their driving privileges,
Continue Reading Is an Ignition Interlock Device Required Following a Wisconsin OWI?

County of Milwaukee v. Roosevelt Cooper, Jr., 2021AP1224, 5/17/21, District 1 (1-judge opinion, ineligible for publication); case activity (including briefs)
Cooper wins a new trial because the trial court improperly amended the charge against him and denied him an opportunity to present evidence regarding the amended charge. Cooper was also denied the opportunity to cross-examine the testifying officer on both the original charge and the amended charge.
Milwaukee County charged Cooper with reckless driving–endangering safety, and his case
Continue Reading Pro se defense win! New trial ordered due to improper amendment of charge

Thirteen years ago today, I graduated from law school. I became a lawyer 13 years ago tomorrow. (Thank you, diploma privilege.) Combined with the fact that I was an older student, nine years out of undergrad when I started law school, now I am firmly middle aged and mid-career. I think that means I’m neither the target audience nor, well, the target, when people write derisively (or admiringly) about millennials or Boomers. (Generation X is perpetually forgotten
Continue Reading "Are Senior Lawyers Ruining The Profession?" No, But This Isn't Helping, Either.

A couple facing divorce can be left with the question, what is going to happen with our business? What happens to a business in the event of a divorce depends on many things, such as when the business was started, what state you are in, and many more. Our firm is here to help you along the way and answer any questions you may have. Follow the link to lean more about business divorce, and contact our office today
Continue Reading What Happens in a Business Divorce?

The Wisconsin Supreme Court recently approved an amendment to Supreme Court Rule (SCR) 31.01 (11) to allow tribal courts to appoint attorneys to provide pro bono legal services, and to permit the attorney to claim continuing legal education credits in lieu of monetary payments. Effective April 20, 2022, Wisconsin attorneys who accept appointments from state, federal, and now tribal courts without fee or expectation of a fee for persons of limited means can request CLE credit for their service.
Continue Reading WI Attorneys Can Now Earn CLE Credit for Tribal Court Pro Bono Appointments

I recently read an article about the “Milk Carton Rule.”  The story goes that if a person keeps leaving a bottle of milk out, stop expecting them to do otherwise. Once you do that, you will “solve the real problem” and buy a second bottle of milk so you always have non-spoiled milk.  The article and story has been an itch in my brain ever since.  I kept trying to figure out why it didn’t sit well because I
Continue Reading What’s the Problem? No, really.

State v. Green, 2022 WI 30, 5/13/22, limiting in part and affirming in part, a published court of appeals decision; case activity (including briefs)
Section 971.14(5)(a)1 provides that a defendant’s commitment for treatment to competency cannot exceed 12 months or his maximum sentence, whichever is less. So the State argued that if a defendant appeals an involuntary medication order, this period must be tolled, otherwise the appeal time will consume the commitment period. SCOW unanimously rejects that
Continue Reading SCOW U-turns, eliminates automatic stay for involuntary medication orders

By:  Attorney Chris Strohbehn
After a long, cold winter, many Wisconsin residents who enjoy riding bicycles are happy to be able to hit the road as the weather warms up during the spring and summer. Riding a bike on the open road can be an exhilarating experience, and it can provide great exercise while serving as an efficient method of transportation. Unfortunately, it can also be dangerous. While bicyclists take many measures to stay safe, including by wearing helmets
Continue Reading Wisconsin Laws Meant to Protect Against Bicycle Accidents

​ Vladimir Ilyich Ulyanov, better known by his alias “Lenin,” was reputed to have observed that “there are decades where nothing happens; and there are weeks where decades happen.” Lenin could have hardly imagined that his words describing the Bolshevik revolution just over 100 years ago could be reflective of the seismic trade winds shifting through the tremoring 2020s that were catalyzed by the Russian Federations’ invasion of Ukraine on Feb, 24, 2022. The resulting impact of the invasion, which
Continue Reading Does the Russian Invasion Signal the End of Globalization or Merely a Recalibration?

Carbon credits have been a hot topic around the country as a potential opportunity for extra farm revenue. However, like any contract, farmers should carefully consider the terms of a carbon credit sale before signing an agreement.

There are several terms that could trip up the unwary signer.

What is a “carbon credit?” A carbon credit is a fictional currency representing the farm’s credit for undertaking certain practices to sequester carbon in the soil. Typically, each credit represents about
Continue Reading Carefully Consider Carbon Credit Contracts

State v. D.J.L., 2021AP436, 5/10/22, District 3 (1-judge opinion ineligible for publication); case activity

The State charged 17-year-old “David” with exposing himself to two girls (5 and 9) and sexually assaulting the older one. On appeal, he challenged the circuit court’s decision to waive him into adult court. The court of appeals held that the circuit court (1) appropriately applied §938.18(5)’s waiver criteria, (2) had the discretion to reject an expert opinion opposing waiver, and (3) did
Continue Reading Appeals Court Upholds Waiver of Juvenile Into Adult Court