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For two decades, Wisconsin courts have followed the approach to statutory interpretation established in State ex rel. Kalal v. Circuit Court for Dane County, 2004 WI 58, 271 Wis. 2d 633, 681 N.W.2d 110. As noted in a recent blog post from Stafford Rosenbaum, that framework may soon change.

Kalal established a two-step methodology for interpreting statutes. Courts first examine the statute’s text using only “intrinsic sources”—the statute’s language, structure, purpose, and closely-related statutes. If the meaning…
Continue Reading Is a Change to Wisconsin’s Statutory Interpretation Framework Imminent?

portrait of Wisconsin Supreme Court Chief Justice Jill J. KarofskyWisconsin Supreme Court Chief Justice Jill J. Karofsky.

Nov. 13, 2025 – Full of gratitude, praising the resilience of Wisconsin’s judiciary, new Chief Justice Jill J. Karofsky’s State of the Judiciary Address yesterday (Nov. 12) at the Annual Meeting of the Wisconsin Judicial Conference in Lake Geneva also raised the hue and cry.

“[I]t gives me no pleasure to say this: the state of our judiciary … is troubled.

“In this moment, we see increasing attacks on judges and

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Continue Reading Chief Justice Karofsky Delivers ‘State of the Judiciary’ Address to State Judges

Closeup of Vote by Mail envelope
Closeup of a Vote by Mail envelope, official balloting material - business reply mail, USPS first class mail.

In August of this year, the US Post Office announced a new rule that included without much fanfare a MAJOR change in when letters are postmarked. Under this new rule, most letters will no longer be postmarked on the day the letter is received by a post office but instead postmarked a day later when the letter is processed at a regional mail processing facility.
It is important that mailers understand the distinction between the date when the Postal…
Continue Reading Postmark changes at the Post Office and late mail

Stock Photo of Gavel in Front of Flag​

Oct. 28, 2025 – The U.S. Senate on Monday confirmed President Donald Trump’s nomination of Rebecca L. Taibleson to be the next judge on the U.S. Court of Appeals for the Seventh Circuit.

Taibleson is Assistant U.S. Attorney for the Eastern District of Wisconsin in Milwaukee and co-chief of the office’s Appellate Division. Her confirmation fills the seat of Judge Diane S. Sykes, who began senior status on Oct. 1.

The Senate voted 52-46 to confirm the nomination.

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Continue Reading Rebecca Taibleson Confirmed as Seventh Circuit Appeals Court Judge

When most people think about “convictions,” they picture criminal charges. But not all convictions are criminal. A conviction for violating a municipal ordinance, such as underage drinking, disorderly conduct, or certain traffic offenses, is classified as a civil forfeiture violation. 

On paper, these are “civil” cases. In practice, however, they are often described as “quasi-criminal.” That is because they cover a broad range of offenses and can still carry many of the same long-term consequences as criminal convictions. At…
Continue Reading Reopening and Vacating Municipal Court Convictions

seven people sit at a table on a stage facing one person standing at a podium, before an audienceThe Iowa Supreme Court recently heard a case at an Iowa high school. Photo: Trent Kubasiak.

I am a State Bar of Wisconsin nonresident attorney, and I recently found myself in the auditorium of my daughter’s high school, watching the Iowa Supreme Court hear live oral arguments in a pending case.

The justices sat on a temporary bench on the stage. Students, teachers and community members filled the seats. The case involved statutory interpretation, but the real lesson that…
Continue Reading When a Supreme Court Leaves the Courthouse

In In Re: Commitment of M.C., the Indiana Court of Appeals (the “Court”) dismissed M.C.’s appeal as moot because M.C. failed to demonstrate a particularized collateral consequence of his commitment or that the Indiana Constitution compelled the Court to hear his appeal on the merits. No. 24A-MH-1364, 2025 WL 658771 (Ind. Ct. App. Feb. 28, 2025). However, a recent decision from the Indiana Supreme Court held the expiration of a temporary commitment does not render an appeal moot unless…
Continue Reading Indiana Court of Appeals Clarifies Mootness and Collateral Consequences in Civil Commitment Appeals

May 20, 2025

Much as I would prefer any other topic for my column this month, the arrest of Judge Hannah Dugan was the biggest story in local law in, well, forever.

In the event you’ve been living under a rock, Milwaukee County Circuit Court Judge Hannah Dugan was arrested April 25 at the courthouse on charges of helping a defendant, Eduardo Flores-Ruiz, who had a case in her courtroom, evade immigration authorities who had a warrant for his…
Continue Reading Weighing the consequences of Judge Dugan’s arrest

portrait of David Prosser in 2016Dec. 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

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Continue Reading Retired Supreme Court Justice David Prosser Dies at 81

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

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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,

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Continue Reading Wisconsin Supreme Court Order Discontinues Business Court Pilot Project

Byron Conway headshotByron 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

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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

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.

Byron Conway headshot

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

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Continue Reading Conway Nominated to the U.S. District Court for the Eastern District of Wisconsin