In many U.S. jurisdictions, only one factor determines whether a charged individual stays in jail before trial. That factor is not guilt or innocence, the nature of the crime, nor the defendant’s character. The factor is how much money the defendant has or can borrow. This article looks at trends in money bail systems nationwide, with a focus on Wisconsin and Washington, D.C.
The author discusses evidence-based pretrial release systems, including the one adopted in Milwaukee County, that rather than set bail based on the seriousness of the charge, focuses on the specific risk a defendant presents to not return to court.
Advances in assistive reproductive technology are giving new options for parentage to individuals who are in same-sex marriages, are dealing with infertility, or both. But Wisconsin law is not keeping pace. To resolve disputes when a surrogacy agreement falls apart and grant parent status, the author proposes that Wisconsin courts use an “intended-parent” test.
On the 50th anniversary of the U.S. Supreme Court’s decision in In re Gault, which granted certain rights to juveniles accused of committing crimes, the author reviews today’s juvenile courts, considers how juvenile courts protect minors’ due process rights, and outlines defense lawyers’ obligations to juvenile clients.
When access to justice is denied, it affects us personally, says Milwaukee County Circuit Court Judge Richard Sankovitz. He explains why access to justice matters for everyone and how lawyers can get involved in their own communities.
Official notices of Wisconsin Supreme Court orders adopting, amending, or repealing rules, statutes, or policies related to Supreme Court rules and State Bar of Wisconsin rules and bylaws.
The Wisconsin Judicial Council petitioned the supreme court to repeal the so-called “Deadman’s statutes,” Wis. Stat. §§ 885.16 and 885.17, and to amend Wis. Stat. § 906.01 to remove references to the Deadman’s statutes.
SCR 10.12 allows the State Bar to provide these notices to members through print or electronic media, including the Wisconsin Lawyer magazine, WisBar InsideTrack, or WisBar.org.
The Board of Bar Examiners (BBE) requests the court amend the conditional admission rule, SCR 40.075, regarding the eligibility of and conditions imposed on applicants in recovery. The BBE also requests amendments to SCR 22.28 regarding license reinstatement procedures for violators of SCR 40.075.
The Business Court Advisory Committee, appointed by Chief Justice Roggensack, petitioned the court to approve a three-year pilot project to create dedicated trial court judicial dockets for large claim business and commercial cases in Waukesha County and in the Eighth Judicial District.