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July 22, 2026 – The Wisconsin Supreme Court agreed with the Wisconsin attorney general in his dispute with the Wisconsin Legislature to cont​rol settlement funds that the Wisconsin ​Department of Justice (DOJ) receives, in Wisconsin State Legislature v. Kaul, 2026 WI 28 (July 10, 2026).

“We conclude that the attorney general complies with [Wis. Stat. section 165.10] when, in accordance with the straightforward language of the statute, he deposits settlement funds into the general fund,” wrote…
Continue Reading Supreme Court: Attorney General Controls Settlement Funds

July 22, 2026 – A 65-year-old man’s appeal of a circuit court order continuing his protective placement in a nursing facility generated dissent among Wisconsin Supreme Court justices on whether the majority properly applied the standard of review in Racine County v. R.P.L., 2026 WI 26 (July 7, 2026).

The court held 4-3 in a decision authored by Justice Susan M. Crawford that under the “mixed question of fact and law” standard of review, the evidence was…
Continue Reading Supreme Court Debates Protective Placement Evidentiary Standards

Operating with a PAC in Wisconsin means driving with a Prohibited Alcohol Concentration — the per-se, number-based charge under Wis. Stat. § 346.63(1)(b) (0.08 for most drivers, 0.02 for a 4th-or-subsequent offense or while under an interlock order). It is a separate legal theory from OWI, § 346.63(1)(a), which is about impairment. Prosecutors file both from one stop, but § 346.63(1)(c) lets you be convicted of only one. Mays Law Office defends OWI and PAC cases across Madison, Middleton,…
Continue Reading OWI vs. PAC in Wisconsin: Why You’re Charged With Both — and Why You Can Only Be Convicted of One

July 15, 2026 – The Wisconsin Supreme Court denied a records request for Notice of Voting Eligibility (NVE) forms because a 5-2 majority interpreted the guardianship statutes as excepting the forms from a public records request in
Wisconsin Voter Alliance (WVA) v. Secord, 2026 WI 27.

“The legislature said, with limited exceptions, ‘court records pertinent to the finding of incompetency are closed,’” wrote Justice Janet C. Protasiewicz for the majority. “Thus, the [WVA] does not have a right…
Continue Reading Supreme Court: Voter Eligibility Forms Confidential

Posted on July 15, 2026 in Criminal Defense
Being charged with a serious felony in Wisconsin changes your life overnight. While every criminal charge should be taken seriously, some offenses carry penalties that can keep someone in prison for decades or even for the rest of their life.

Wisconsin uses a felony classification system that assigns different maximum penalties based on the crime involved. If they believe the circumstances warrant it, prosecutors may also seek sentence enhancements that increase…
Continue Reading What Crimes Have the Longest Sentences in Milwaukee?

Courtroom And Gavel
Interior of an empty courtroom with gavel and sounding block on the desk.

WJI received a report in late June from controversial nonprofit Enough is Enough about reckless driving cases in Milwaukee County Circuit Court, highlighting significant differences in judges’ sentencing patterns.The court watch group, which was the subject of an open letter to the Milwaukee County judiciary last year, advocates against reckless driving and for “stronger measures to protect our communities,” according to its website.

“ENE” was founded after the death of Erin Morgensen, who was killed while a bystander to

…
Continue Reading Opinion: New Report Shows Concerning Contrast in Reckless Driving Sentences Among Milwaukee Judiciary

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July 7, 2026 – Tribal sovereign immunity defeated a claim to bind real estate covenants to the Menominee Indian Tribe and its representative, a 4-3 Wisconsin Supreme Court majority held in Legend Lake Property Owners Association, Inc. v. Keshena, 2026 WI 21.

“We conclude that nothing abrogates, waives, or otherwise precludes the Tribe’s sovereign immunity in this case,” wrote Justice Susan M. Crawford for the majority. “Accordingly, we affirm the circuit court’s judgment of dismissal.”

Chief Justice…
Continue Reading Wisconsin Supreme Court: Sovereign Immunity Stops Covenant Enforcement

Stock Photo of a Clock on Court Files Held by Lawyer July 7, 2026 – The lack of an examiner’s required written report no later than 48 hours before the final involuntary civil commitment hearing “did not deprive the circuit court of competency to proceed,” a unanimous Wisconsin Supreme Court held in

Outagamie County v. M.J.B., 2026 WI 23. “Although this time limit protects important interests,” wrote Justice Susan M. Crawford, “nothing in the statutory scheme suggests that the legislature intended that failing to make the examiners’ reports accessible…
Continue Reading Supreme Court: 48-Hour Rule Didn’t Affect Circuit Court Competency

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July 7, 2026 – A 2023 civil commitment order had sufficient evidence to support it beyond the alleged hearsay, and collateral consequences made the issue suitable for resolution, a 5-2 majority of the Wisconsin Supreme Court decided in Waukesha County v. R.D.T., 2026 WI 24.

“We hold that Ryden’s appeal is not moot,” wrote Justice Rebecca Frank Dallet for the majority. “We further conclude that the order should not be vacated because, even if the circuit court erred,…
Continue Reading Supreme Court: Recommitment Hearing Hearsay Only Harmless Error

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Posted on June 30, 2026 in Drug Crimes
For decades, federal law treated an “unlawful user of or addicted to any controlled substance” the same way it treated violent felons when it came to gun ownership. Using drugs of any kind outside of a medically indicated reason, like a prescription, automatically stripped that person’s Second Amendment rights.

On June 18, 2026, the United States Supreme Court changed that. In United States v. Hemani, the court ruled that the…
Continue Reading Supreme Court Rules Unlawful Drug Users Aren’t Automatically Prohibited from Owning Guns

Wisconsin is among the minority of states where sobriety checkpoints are illegal. Section 349.02(2)(a) of the Wisconsin Statutes requires individualized reasonable suspicion before the police can stop a vehicle, and evidence from an unlawful stop can be suppressed. Mays Law (Madison/Middleton) builds custom-tailored OWI defenses based on a comprehensive case analysis that starts with scrutinizing the stop itself.

The U.S. Supreme Court has held that sobriety checkpoints are constitutional, and most states use checkpoints to catch drunk drivers on…
Continue Reading Why Wisconsin Bans Sobriety Checkpoints — and What That Means for Your OWI Defense

Posted on June 22, 2026 in Criminal Defense
On April 2, 2026, Wisconsin enacted 2025 Wisconsin Act 149. This is new legislation that adds onto existing legislation to significantly expand the criminal penalties and procedural protections that apply when the victim of a crime is a vulnerable adult.

The law began as Assembly Bill 19 and extends several protections that previously applied only to elder persons — individuals 60 or older — to a broader category called “adults…
Continue Reading Wisconsin Passes Law Enhancing Criminal Penalties Against Vulnerable Adults

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June 19, 2026 – A state program designed to encourage retention of minority students in private and technical colleges failed strict scrutiny under recent U.S. Supreme Court precedent, the Wisconsin Supreme Court decided in Rabiebna v. Higher Educational Aids Board (HEAB), 2026 WI 20 (June 18, 2026).

“We hold that [the] HEAB has failed to demonstrate that the legislature’s goals of increasing diversity and equalizing educational opportunities for certain students are compelling in this instance,” wrote Justice Annette…
Continue Reading Wisconsin Supreme Court: Minority Grant Program Unconstitutional

James Grandberry’s criminal case has been filled with delays.

Nearly one year ago, Grandberry filed a motion for interlocutory appeal to District III of the Wisconsin Court of Appeals, challenging the decision of the Brown County Circuit Court to not dismiss his case.

The appeal comes nearly two years after Grandberry’s initial arrest and concerns the 468 days he sat in jail waiting for a preliminary hearing before counsel could be appointed.

During that period, the trial court made

…
Continue Reading Slow Justice

June 16, 2026 – The Wisconsin Consumer Act (WCA) didn’t apply to a residential lease dispute, the Wisconsin Supreme Court held, reversing the court of appeals in Koble Investments v. Marquardt, 2026 WI 19 (June 5, 2026).

Six members joined the majority opinion written by Justice Rebecca Grassl Bradley, who concluded “Wis. Stat. § 427.104 does not govern a residential lease under which rent is payable on a monthly basis because it is not an ‘agreement to…
Continue Reading Wisconsin Supreme Court: Consumer Act Didn’t Apply to Lease

June 5, 2026 – A City of Milwaukee election official wanted to show it’s easy to fraudulently obtain absentee military ballots.

In succeeding, she committed election fraud, the District I Wisconsin Court of Appeals affirmed in State v. Zapata, No. 2025AP425-CR (May 12, 2026).

“We conclude that Wis. Stat. § 12.13(3)(i) prohibits making false statements for the purpose of actually or constructively obtaining an absentee ballot, and [Kimberly D.] Zapata constructively obtained the ballots she requested,” wrote…
Continue Reading Wisconsin Court of Appeals: Intent Didn’t Prevent Election Fraud