To safeguard the Fifth Amendment right against self-incrimination, Miranda prevents prosecutors from introducing statements made by suspects under custodial interrogation unless law enforcement informs the suspect of certain now-familiar rights. [1] Specifically, a person under custodial interrogation “must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed.” [2] The
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State Bar of Wisconsin Blogs
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Divorce by Affidavit: What Wisconsin Family Lawyers Need to Know
May 11, 2026Divorce by Affidavit: What Wisconsin Family Lawyers Need to KnowDivorce by affidavit offers a more flexible path for uncontested divorce cases in Wisconsin, particularly for clients facing scheduling, mobility, distance, child care, or emotional barriers to appearing in court. Tiara Oates outlines the requirements, benefits, and possible drawbacks of using this new process.By
Tiara Oates
As of Oct. 31, 2025, divorce by affidavit (2025 Wisconsin Act 40) can be used to finalize uncontested divorce
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Wisconsin Supreme Court: Asbestos Created Safe-Place Statute Liability
April 28, 2026 – The asbestos dust that a steamfitter breathed, causing mesothelioma, resulted in safe-place statute liability for Pabst Brewing Co., a 5-2 majority of the Wisconsin Supreme Court decided recently in
Estate of Carol Lorbiecki v. Pabst Brewing Co., 2026 WI 12.
“As the owner of the brewery, Pabst owed a non-delegable duty under the safe-place statute to frequenters on the premises, a category that includes employees of independent contractors like Lorbiecki,” Justice Rebecca Frank
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That S Corp Election May Not Be Valid: A Common Oversight in LLC Operating Agreements
S corporations (S corps) serve a purpose that is very attractive to clients, especially in Wisconsin where there are so many closely held family businesses. But what many clients fail to realize is just how delicate S corps can be. The rules and requirements for S corps are incredibly rigid, and they are extremely easy to run afoul of them. Oftentimes, I find that the client is so focused on the benefits that they do not internalize the restrictions
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Wisconsin Supreme Court: Pandemic Doctor Immunity Statute Constitutional
April 22, 2026 – A statute immunizing health care professionals during the COVID-19 state of emergency did not violate the constitutional right to a jury trial, a unanimous Wisconsin Supreme Court recently ruled in
Wren v. Columbia St. Mary’s Hospital Milwaukee, Inc. (2026 WI 11), barring a medical malpractice lawsuit from a stillborn childbirth. Because the Wisconsin Constitution “empowers the [L]egislature to alter or suspend particular common law causes of action,” the immunity statute suspended Savannah Wren’s
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Legal Challenges to AI in Hiring: FCRA Has Entered the Chat
The use of artificial intelligence in candidate screening and hiring processes has been a “hot” employment issue for the past several years. This is driven, in part, by the rapid and widespread adoption of these tools by employers: in March 2025, a Forbes article declared that “[t]he world is on the verge of a seismic shift in how talent is hired, one that will redefine the fabric of work itself.” That same article included Gallup survey statistics showing that,
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The ‘Masterpiece’ and a Daughter’s Burden, Relieved
My father loved the sea. By extension he also loved all sea-related tchotchkes, i.e., model sailing vessels, fake shark’s teeth, lighthouses big and small, cute little fishermen in bright yellow rain slickers. You name it, he had one. How did he explain this passion? Growing up in western Wisconsin, he was far from the sea. In a former life he believed he was … a whale. Many years ago, he wandered into an antique store in Florida on the
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Permitless Carry: Observations on a National Trend
Earlier this year, Wisconsin legislators began holding public hearings on Wisconsin Assembly Bill 609. This bill, sponsored by State Rep. Chanz J. Green and a number of other state lawmakers, proposes to make changes to Wisconsin’s concealed carry laws by eliminating the need for a permit to carry a weapon concealed.
Matthew Kline, Ohio State 2021, is an assistant attorney general with the Ohio Attorney General’s Office in Columbus, Ohio.
Concealed carry is a requirement that any individual
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Wisconsin Should Eliminate Original Adult Jurisdiction for Youth
In light of the new Court of Appeals decision,
State v. Mann-Tate, 2024AP2585-CR, on Feb. 3, 2026, Wisconsin needs a legislative fix to address the current due process concerns related to the reverse waiver statute. As attorneys practicing in the youth justice arena for many years, we believe the fix seems obvious: Wisconsin should eliminate original adult jurisdiction for youth. The current waiver statute, Wis. Stat. 938.18, allows the court to consider the unique attributes of youth identified by
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Wisconsin Supreme Court: Student in Custody at School, but Error Harmless
April 7, 2026 – A 12-year-old student deserved
Miranda protection for questioning in the tiny school resource officer’s (SRO) office and at an in-school suspension desk, a 4-3 Wisconsin Supreme Court majority held in
State v. K.R.C., 2026 WI 10. But everyone on the Supreme Court affirmed the circuit court’s finding of delinquency. The majority said it was harmless error. Other testimony sufficiently supported delinquency for fourth-degree sexual assault. “In sum, the [SRO’s] testimony about Kevin’s statements was
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ATVs, UTVs, and Livestock on Wisconsin Roads
All-terrain vehicles (ATVs) and utility terrain vehicles (UTVs) are popular across Wisconsin for recreation and work. Livestock similarly plays a vital role in the livelihood of many families as well as having a recreational purpose.
ATVs, UTVs, horses, and other livestock must often travel along or across roadways in many Wisconsin regions. It is important to be aware of the specific laws that govern operating ATVs, UTVs, or horse-drawn vehicles on public roads as operators can receive citations or
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Important Lessons from the Back of the Courtroom
Before law school, I would have called myself a professional observer. I started working at my county’s district attorney’s office at the age of 16. I was thrust into a world I knew nothing about, so I found myself in the back of the courtroom often. I thought this would be the best way to learn how the criminal justice system works and everyone’s role within it. It turned out I would learn so much more than that. At
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8 Tips to Excel in Commercial Law Practice
With experience comes lessons. Some of those lessons are learned because of stunning success, and others through epic failures. This list represents takeaways to date in navigating a career in commercial law, both in private practice and in-house. They are offered in a spirit of hope that they contribute to stunning success stories and avoidance of epic failures.
James Wawrzyn, Marquette 2006, is a senior corporate attorney with Forest County Potawatomi, Milwaukee.
James Wawrzyn, Marquette 2006, is a senior corporate attorney with Forest County Potawatomi, Milwaukee. Be curious and keep learning. In
Not Monkey Business: The Scopes Trial Still Has Lessons to Teach
Emily Kelchen took a moment to ponder the long-term impact of her own legal work during the 100th anniversary of the Scopes “Monkey” Trial in Dayton, Tennessee.Photos: Emily Kelchen.
I’m a sucker for historic courthouses. So, when I realized I lived within easy driving distance of Dayton, Tennessee,
location of the Scopes “Monkey” Trial – and that 2025 was the 100th anniversary of the trial – I couldn’t wait to plan a visit.
The local community had
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Who Can File and Maintain a Divorce When a Client is Incapacitated?
While a client who has capacity can clearly file a divorce action, what happens when the client has capacity issues?
This is becoming more common as we see older adults divorcing, especially those in second marriages whose adult children do not get along. A case can be dismissed where the person filing does not have capacity to see.[1] “It is an accepted principle of law that an action cannot be maintained by one who has no capacity to
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Supreme Court: WCA ‘Appropriate Remedy’ Prevents Class Action
March 4, 2026 – The Wisconsin Consumer Act (WCA) allowed the defendant to remedy the claim with the individual plaintiff, preventing a class action lawsuit, a 6-1 majority of the Wisconsin Supreme Court decided in Gudex v. Franklin Collection Service, Inc., 2026 WI 6.
Reversing the Milwaukee County Circuit Court, Justice Brian K. Hagedorn for the majority wrote, “when a customer brings a class action for damages under” Wis. Stat. section 426.110(4)(c) “requires an appropriate remedy be given
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