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Dec. 2, 2024 – David T. Prosser Jr., former Wisconsin Supreme Court Justice, passed away Sunday, Dec. 1, 2024, at age 81.

Justice Prosser served 18 years on the court, from 1998 to 2016. He was appointed by Gov. Tommy G. Thompson, and subsequently was elected to 10-year terms in 2001 and 2011.

“Justice Prosser was the quintessential public servant who enjoyed a respected career (spanning more than 40 years) in the service of others,” said Wisconsin Supreme Court…
Continue Reading Retired Supreme Court Justice David Prosser Dies at 81

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Nov. 14, 2024 – The Wisconsin judiciary is strong but “not without its challenges,” said Wisconsin Supreme Court Chief Justice Annette Kingsland ​Ziegler in her State of the Judiciary Address at the Wisconsin Judicial Conference in Elkhart Lake yesterday (Nov. 13).

In her fourth address as chief justice, Zeigler outlined issues of ongoing concern for the Wisconsin court system, highlighted progress over the past year, and identified a new challenge: Wisconsin’s attorney shortage, especially in rural parts of the…
Continue Reading State of the Judiciary: Chief Justice Ziegler Highlights Lawyer Shortage, Judicial Security

My last two columns have advised the Wisconsin Supreme Court. I’m sure they appreciated it and simply forgot to thank me.

So, to be fair, I now have some advice for Wisconsin trial courts (including court commissioners):  Serve at the convenience of the parties and lawyers, not by your own, archaic and sometimes inefficient rules.

Specifically, one positive manifestation of the pandemic (my dear late mother used to say that it takes an awfully ill wind not to…
Continue Reading Advice to Wisconsin Trial Courts

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Oct. 8, 2024 – A 7-year pilot project that established circuit court dockets solely for large claim business and commercial cases in numerous counties will phase out,
under an order the Wisconsin Supreme Court issued Oct. 7, with three justices dissenting.

In 2017, under then-Chief Justice Patience Roggensack, the Wisconsin Supreme Court initially established the “commercial court docket,” or business court, as a temporary 3-year pilot project rolled out in eight counties – Brown, Door, Kewaunee, Marinette, Oconto,…
Continue Reading Wisconsin Supreme Court Order Discontinues Business Court Pilot Project

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Byron B. Conway

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​Sept. 25, 2024 – By a vote of 58-37, the U.S. Senate today confirmed Green Bay attorney Byron B. Conway as a federal judge for the U.S. District Court for the Eastern District of Wisconsin.

Conway, who previously served on the State Bar of Wisconsin’s Board of Governors (2013-18), is a personal injury attorney and a shareholder at Habush Habush & Rottier.

He graduated from Marquette University Law School in 2002 and holds a…
Continue Reading U. S. Senate Confirms Byron Conway to the U.S. District Court for the Eastern District of Wisconsin

The 2024-2025 term for the Wisconsin Supreme Court just began, and I thought it prudent to offer them some advice as to how to improve their performance this term.

No, they didn’t ask my opinion, and they’ve ignored my advice in the past.

But I’m sure that’s merely an oversight.

So here, as a public service, are five ways (there could be more, but my column has a word limit) for the Wisconsin Supreme Court to improve.
First
As…
Continue Reading Advice to the Wisconsin Supreme Court

In Better Call Saul, Jimmy McGill, the (ethically challenged but charming) main character, can’t get hired at his brother’s fancy law firm. So when he’s left with no other options, he does criminal defense work. It’s pretty far from the work he wanted.  Art mirrors life. It seems that a lot of lawyers aren’t inclined to do this work.

Wisconsin Supreme Court Chief Justice Annette Ziegler recently announced the creation of an Attorney Retention and Recruitment Committee to consider…
Continue Reading Tackling the defense lawyer shortage, Kim Wexler style

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July 3, 2024 – The White House today announced that President Joe Biden will nominate Green Bay attorney Byron B. Conway to a vacant judicial seat on the U.S. District Court for the Eastern District of Wisconsin.

Conway, who previously served on the State Bar of Wisconsin’s Board of Governors (2013-18), is a personal injury attorney and a shareholder at Habush Habush & Rottier. He graduated from Marquette University Law School in 2002 and holds a B.A. from Santa…
Continue Reading Conway Nominated to the U.S. District Court for the Eastern District of Wisconsin

Posted on May 01, 2024 in Drug Crimes
In many cases, people who are charged with drug crimes struggle with addiction, and they could benefit from treatment rather than penalties such as incarceration. The state of Wisconsin has recognized the impact of substance abuse on people and communities, and in some cases, it provides alternative sentencing options that will allow alleged offenders to receive treatment for drug addiction while avoiding criminal convictions.

Wisconsin has implemented Treatment Alternatives and Diversion…
Continue Reading When Are Drug Treatment Alternatives and Diversion Programs Available for Wisconsin Drug Crimes?

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May 1, 2024 – As we prepare to commemorate
Law Day on May 1, 2024, I invite all Wisconsinites to reflect upon the enduring significance of this annual observance.

This year, the American Bar Association (ABA) has chosen the theme “The Voices of Democracy,” which aligns with the foundational principles of our legal system and the essence of our nation’s democratic ethos.

Annette Kingsland Ziegler, Marquette 1989, is chief justice of the
Wisconsin Supreme Court, Madison.

President…
Continue Reading Law Day 2024: Honoring Our Legal Heritage and Democratic Values

Jury box
Jury box

Yes, you read correctly; I’m not a fan of jury trials.

Case in point: The death of O.J. Simpson serves as a reminder of the failure of the jury system. Does anyone really believe that Simpson was not the murderer? If not, why would someone stab two strangers to death for no reason whatsoever?

Two reasons demonstrate that such a belief would be stupid. First, unlike a shooting, stabbings are almost always an act of passion. If a thief…
Continue Reading The Case Against Jury Trials

For the past several years, Wisconsin has ranked near the top of the country for racial disparity in nearly every category related to the juvenile justice system.1

State and national trends also support that there is a particular group of youth of color that are uniquely susceptible to involvement in the juvenile justice system: those who have a disability. Nationally, children with disabilities are removed from school and referred to and involved in the juvenile justice system at…
Continue Reading Interrupting the School to Prison Pipeline at the Intersection of Race and Disability

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Wisconsin Supreme Court Justice Ann Walsh Bradley gives remarks during an Admissions ceremony on Jan. 23, 2024, in the Supreme Court Hearing Room.

April 11, 2024 – Wisconsin Supreme Court Justice Ann Walsh Bradley announced today that she will retire from the court when her term ends in July 2025. When she retires next year, she will have served 30 years as a justice, 40 years total on the bench.

“It has been the honor of a lifetime to…
Continue Reading Justice Ann Walsh Bradley Announces Retirement from Supreme Court

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The idea of a family drug treatment court is that it takes teamwork, collaboration, and commitment to successfully rehabilitate participants with substance use disorders via a community-based alternative to incarceration.

Milwaukee County’s Family Drug Treatment Court (FDTC), begun in May 2011, and was a first for Wisconsin. The program diverts participants from the traditional justice system into a specialty court and creates an individualized plan that takes into account the participant’s mental and physical health as well as any…
Continue Reading An Overview of Milwaukee County’s Family Drug Treatment Court

Wisconsin State Capitol Building - Madison, WI
Wisconsin State Capitol Building on a sunny spring day

Redistricting takes center stage at the Wisconsin Supreme Court this November as the court’s sole case set for oral argument is an original action addressing the constitutionality of the current state legislative maps. Let’s dive right in.
Cases Decided
No merits decisions were issued in the last month. However, the court did issue a series of published orders pertaining to the redistricting litigation discussed below. On October 6, the court released a Memorandum Decision and Order of Justice Janet…
Continue Reading Wisconsin Supreme Court Update: November 2023

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Occasionally in the law, the irresistible force meets the unmovable object.

This occurs when two public policies, with close to if not equal merits, conflict. While frustrating because one valid interest has to yield, it can lead to a fascinating examination of the relative merits of each policy. Little, if anything, is more absorbing in legal practice.

Unfortunately, the Wisconsin Court of Appeals, facing such an opportunity, chose to punt, and it wasn’t even fourth down. Put another…
Continue Reading Court of Appeals Punts