That’s right, if you can believe it, Ethicking.com launched one year ago, on October 24, 2019. …so, what a year, huh? Like anything that was launched a year ago with certain (any) expectations, this did not go as I’d planned. Sure, I did manage to keep up with the blog generally, updating every couple of weeks or so (and sometimes more often, though not quite at the weekly frequency I’d hoped). I thought I’d be writing about ABA opinions, nerd friends, and best practices, and I did that. And, sadly, I knew at this time last…
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By Attorney Chris Strohbehn and Paralegal Ruth Campos Motorcycle crashes in Wisconsin are particularly dangerous, with over 90 percent of motorcyclists who are involved in an accident suffering an injury or losing their lives. Perhaps even more astonishingly, nearly 14 percent of all vehicle accident fatalities are motorcyclists, despite the fact that they account for less than 2 percent of Wisconsin accidents. It is clear that an accident can have a severe impact on a motorcyclist’s life, and if you have been injured by another driver, it is important for you to understand how you can pursue compensation for the…
“Mother gets worse and worse” Lavinia Goodell, November 4, 1876 Lavinia Goodell was away from Janesville for much of the summer of 1876. She left on June 3 and didn’t return until August 4. She was a delegate and speaker at the International Temperance Conference in Philadelphia and she and her cousin, Sarah Thomas, attendedContinue reading → The post “Mother gets worse and worse” appeared first on Lavinia Goodell.…
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Cheyne Monroe v. Chad Chase, 2019AP1918, certification granted 10/21/20; case activity (including briefs) Issue for review (derived from the COA’s certification) One of the elements of a claim for malicious prosecution is that the baseless prior action must have terminated in favor of the party asserting malicious prosecution.  The issue is whether this element is met when the party accused of malicious prosecution voluntarily dismissed the allegedly baseless proceeding before it was decided on the merits. During divorce proceedings, Chase acknowledged that Monroe had had recent contact with their child, and they agreed on terms for placement. Afterward, Chase filed…
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Eau Claire County DHS v. S.E., 2019AP894, review of  published opinion granted 10/21/20, case activity. When the court orders a child in need of protection or services (“CHIPS”) placed outside the family home, a parent’s rights may be terminated if he or she fails to meet the conditions for the child’s return in the timeframe set out by statute. Wis. Stat. § 48.415(2)(a). In April 2018, the legislature shortened this timeframe. Under either version, the CHIPS order placing the child outside the home must include “notice” of “any grounds for termination of parental rights[.]” Wis. Stat. §§ 48.415(2)(a)…
On September 22, Governor Evers signed an order, Executive Order #90, declaring a public health emergency across the state, along with a mandatory mask order.  Our analysis regarding the statewide mask order is in this KEW Tips article, Governor Evers Extends Statewide Mask Order. On October 6, Andrea Palm of the Wisconsin Department of Health Services, issue Emergency Order #3, limiting indoor public gatherings to 25% of maximum capacity, saving for specific exempt activities. You can see KEW’s write up of Emergency Order #3  in KEW Tips:  Wisconsin Department of Health Services Places Statewide Limits Upon Public Gatherings.…
There has been a trend recently in the state of Wisconsin, and elsewhere, for attorneys to file lawsuits against hotel owners alleging that their websites are in violation of the Americans with Disabilities Act (“ADA”) because they are not accessible to disabled individuals. Specifically, the complaints allege that the hotel websites are in violation of the ADA because they fail to identify accessibility features, do not allow for booking of accessible rooms, and do not provide sufficient information regarding accessible rooms and amenities at the hotel. Frequently, the attorneys bringing the lawsuits against the hotel owners will represent the same…
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The Centers for Disease Control and Prevention (CDC) and the Wisconsin Department of Health Services (DHS) have updated the definition of “close contact” for quarantine purposes. Previous guidance provided that close contact meant spending a solid 15-minute period of time within six feet from someone infected with COVID-19. On Wednesday, October 21, 2020 the CDC expanded their definition of “close contact.” Now, it is defined as someone who has been within six feet of a COVID-19 infected person for a cumulative total of 15 minutes or more over a 24-hour period starting from two days before illness onset until the…
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Washington County v. Kelly L. Springer, 2020AP491, 10/21/20, District 2 (1-judge opinion, ineligble for publication); case activity (including briefs) After being stopped for a suspected OWI, Springer failed field sobriety tests and his preliminary breath test showed a .18% blood alcohol content. A sheriff read the Informing the Accused form and asked if he would submit to a chemical test of his breath. Springer did not answer even after being asked 6 to 7 times. Then he said: “I already gave you my test.” The sheriff took this to mean “no.” The circuit court held the refusal unlawful under…
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Columbia County v. J.M.C., Jr., 2020AP1001, District 4, 10/22/20 (1-judge opinion, ineligible for publication); case activity J.M.C. was taken to jail on possible criminal charges. Two days later, the County filed a Chapter 51 petition for his commitment.  Section 51.20(7) provides that the circuit court must hold a probable cause hearing within 72 hours of taking a person into custody under §51.20.  The circuit court dismissed the petition for violation of the 72-hour rule, and the County appealed arguing that the circuit court erred in determining what triggered 72-hour clock triggered. The State took J.M.C. into custody on May…
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State v. Dawn M. Prado, 2016AP308, cross-petitions for review of a published court of appeals decision granted 10/21/20; case activity (including briefs and, now, PFRs!) You’ve heard this one before. Here’s our post on the court of appeals decision, which struck down the unconscious-driver provisions of the implied-consent statute but nevertheless declined to suppress the blood draw results under the good-faith doctrine. Perhaps you imagined the matter resolved, particularly given that after several failures to decide the question, SCOW had begun declining the court of appeals’ certification requests on the topic. No such luck. Prado, naturally, petitioned for review of…
On September 22, 2020, President Trump issued Executive Order 13950, “Combating Race and Sex Stereotyping” (the “Order”). The Order applies to federal agencies, federal contractors (including “sub to prime” contractors), and federal grant recipients. The Order seeks to “foster environments devoid of hostility grounded in race, sex, and other federally protected characteristics” and eliminate “un-American” and “divisive concepts” from Diversity and Inclusion trainings. The Order is effective immediately, and as explained below, creates new requirements for federal contracts executed on or after November 21, 2020. Purpose of the OrderThe Purpose of the Order is to prohibit federal agencies, federal…
A proper estate plan covers not only what should happen upon your death, but also what should happen if you lose your decision-making skills. While planning for incapacity may be as unpleasant as planning for death, it is an important step in the estate planning process. Planning for incapacity ensures that someone you specifically choose and trust can act on your behalf while you are unable to do so for yourself. In another article, we discussed the importance of a Durable Financial Power of Attorney. Here, we discuss why a Power of Attorney for Health Care is equally as…
That’s the title of this new publication by the Legislative Reference Bureau. The publication discusses the impact on Wisconsin of the U.S. Supreme Court’s decision in McGirt v. Oklahoma, USSC No. 18-9256 (U.S. July 9, 2020). On Point didn’t cover the decision when it was released, but Scotusblog did, and its commentary (available here) characterized the decision as “a stunning reaffirmance of the nation’s obligations to Native Americans” because it could have the effect of restoring large swaths of geography to the status of reservation land. Lawyers handling matters that involve activities on possible reservation land should be…
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Lange v. California, USSC No. 20-18, certiorari granted 10/19/20 Question presented: Does pursuit of a person who a police officer has probable cause to believe has committed a misdemeanor categorically qualify as an exigent circumstance sufficient to allow the officer to enter a home without a warrant? Lower court decision: People v. Lange, No. A157169 (Cal. Ct. App. Oct. 30, 2019) (unpublished) Docket Scotusblog page (including links to filings and commentary) The Fourth Amendment, of course, generally requires police officers to get a warrant before entering a home. The Supreme Court has recognized an exception to that rule…
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State v. George Steven Burch, 2019AP404-CR, District 3 (10/20/20); case activity (including briefs) Burch … contends the [Green Bay Police Department] and the [Brown County Sheriff’s Office] violated his Fourth Amendment rights in three ways: (1) the GBPD exceeded the scope of his consent to search his cell phone by downloading the phone’s entire contents, rather than only the text messages; (2) the GBPD unlawfully retained the entire cell phone download after it completed its June 2016 investigation into the vehicle incidents; and (3) the BCSO had no lawful authority to conduct a second search of the cell phone…