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Although the Wisconsin Department of Natural Resources (DNR) decided with sufficient evidence that a natural gas-fired power plant permit did not need storage batteries to best control air pollution, a DNR protocol is a rule the agency failed to promulgate, requiring remand.

Navigating the complex landscape of Veterans Affairs benefits claims presents challenges for veterans and lawyers. Although few Wisconsin lawyers focus solely on VA benefit claims, VA issues often arise in other legal contexts. Learn who may assist veterans with VA benefits claims and how to do it.

Landlords and tenants may be subject to claims under various provisions of the law, varying by jurisdiction. Jennifer Schank discusses Wisconsin landlord tenant law and how it may vary by city and county.

There is a growing movement to apply the "best interests of the child" standard in immigration cases in which noncitizen parents face removal and possible separation from their U.S. citizen children. Learn how family law intersects with immigration law.

The Chevron doctrine sometimes required courts to defer to "permissible" agency interpretations of statutes those agencies administer. The U.S. Supreme Court overruled Chevron in 2024. Here is a brief synopsis of the rise and all of Chevron and the new standards that apply when courts are reviewing agency action at the state and federal level.

Recommitment and involuntary medication hearing notices must be served on the subject of the hearings, not only his or her attorney, the Wisconsin Supreme Court has ruled.

A woman who reported payments, but not gross income, from self-employment when applying for unemployment benefits was overpaid, the Wisconsin Court of Appeals has held.

An agency order prohibiting certain energy market bids that was issued without following rulemaking procedures was an invalid rule because it had the effect of law and implemented state statutes, the Wisconsin Court of Appeals has ruled.

Racine’s mayor did not violate the First Amendment when he denied COVID-19 relief funds to a businessman because the businessman attended a rally protesting Gov. Evers’ “Safer at Home” order, the U.S. Court of Appeals for the Seventh Circuit has ruled.

Emergency rules allow an agency to implement policies much faster than going through the lengthier permanent rulemaking process, but limits on rule duration and the distinct, truncated nature of the process require careful planning and consideration.

Public involvement in utility regulation in Wisconsin is expanding in pace with climate change, concerns about traditional energy sources, and increased use of renewable energy. The Citizens Utility Board fights for evidence-based outcomes and for transparency, inclusivity, and the public's right to be informed and involved about Wisconsin utilities.

The author urges lawyers to monitor Securities and Exchange Commission regulatory proposals and submit comments on proposed rules that might have significant effects on business clients.

A decision by the state Department of Natural Resources to regulate polyfluoroalkyl substances as hazardous substances is unenforceable because it wasn’t promulgated as a rule, the Wisconsin Court of Appeals has ruled.

The proper remedy for a prisoner’s failure to timely submit all the documents required to file a writ of certiorari is dismissal of the writ, the Wisconsin Court of Appeals has ruled.

A Social Security claimant failed to meet his burden to prove that he was disabled without interruption before he turned 22 because he provided no corroborating evidence for gaps in treatment, the U.S. Court of Appeals for the Seventh Circuit has held.

Iranian nationals who had their visa applications denied because of their service in the Islamic Revolutionary Guards failed to show that consular officials acted in bad faith.

Wisconsin law provides some protections against adverse employment actions for employees who have disabling illnesses or conditions that affect their work. A recent Wisconsin Court of Appeals case demonstrates that employers must act in good faith when employees request disability accommodations in the workplace.

The Wisconsin Court of Appeals has upheld a decision by an administrative law judge that reversed the Department of Natural Resources’ decision to grant a wetland permit for a golf course development.

A pardon from Wisconsin's governor can be a tremendous boon for people who have committed crimes in the state, served their sentences, and then spent considerable time in communities without recent offenses. Learn how lawyers can help.

A person opposing an application for re-zoning has no right to an impartial decision maker, the Wisconsin Supreme Court has unanimously ruled.

The need for reliable energy sources is generally acknowledged, but not everyone agrees which types of power are the best or where generation facilities should be located. Lawyers can help local governments and community members who want their opinions to matter during energy-project development.

Lawyers who handle worker's compensation or personal injury matters should periodically review their settlement procedures, including settlement content, to ensure compliance with Medicare reimbursement policies.

The state Livestock Facility Siting Board properly affirmed a town’s denial of a farm’s application based on credibility grounds, the Wisconsin Court of Appeals has held

Margaret Hickey says allowing lawyers and clients to attend some hearings by videoconference saves time and money, reduces nonappearances, and makes the legal system more accessible.

The “zone-of-interests” inquiry historically conducted by Wisconsin courts to help decide whether a party has standing under Wis. Stat. ch. 227 has no statutory basis, the Wisconsin Supreme Court has ruled.

The Dane County Circuit court erred by denying a motion to quash two subpoenas of a former member of the Public Service Commission, the Wisconsin Supreme Court has ruled.

A letter from the state Department of Natural Resources informing a company that the agency could not issue the company a permit for existing equipment was not subject to judicial review, the Wisconsin Supreme Court has ruled.

Every autumn, a new cohort of students begins college. The focus in 2022 on the 50th anniversary of enactment of Title IX might help lawyers refresh themselves on ways to protect college-bound clients in courtrooms and classrooms.

State law did not authorize the Department of Corrections to deduct 50% of an inmate’s wages to pay restitution because a judgment of conviction specified that 25% of the inmate’s wages were to go toward restitution.

The Wisconsin Supreme Court has ruled that an Illinois company’s failure to timely file a form with the Department of Workforce Development (DWD) after purchasing a Wisconsin company prevented the Illinois company from succeeding the unemployment insuranc

In its 2017-18 session, the Wisconsin Legislature continued efforts to reduce the rulemaking authority of state administrative agencies. In the short term, the legislation imposes additional obligations on the agencies and on the legislature itself.

The Wisconsin Supreme Court recently ended its practice of deferring to state agencies' conclusions of law. But fractured opinions will leave practitioners to decipher the code.

Many forms of relief for noncitizens convicted of deportable criminal offenses have been eliminated while the number of offenses that trigger an immigration consequence has expanded. Despite these changes, defense lawyers can still provide vigorous, effective counsel to noncitizen clients.

Katelynn Williams demystifies the application process for short- and long-term disability insurance.

When a client is confronted with an onerous agency rule, the best recourse may be found in challenging the rule’s legal validity. Learn the substantive grounds and declaratory judgment procedure for challenging the legality of state agency rules in Wisconsin courts.

Michael McCready believes more injured federal employees would be represented by lawyers if the federal worker’s comp system did not contain barriers to retaining and paying counsel.

Thousands of disputes are resolved in administrative hearings, and relaxed rules generally apply to them. But some of the rules are not so much relaxed as merely different, and they might trip up parties and lawyers who appear at hearings with an anything-goes mindset. One potentially confusing procedure concerns the admissibility of hearsay evidence in unemployment insurance hearings.

Even if an employer has a zero tolerance policy on missing work without notice, an employee who is fired may still qualify for unemployment benefits, a state appeals court has ruled, because state law sets a floor on eligibility.

A man committed to an institution in 2005 as sexually violent person cannot receive a hearing to determine if he should be discharged, the Wisconsin Supreme Court has ruled, because he did not meet the standard required to obtain a new hearing.

Whether your goal is to keep a conditional use permit standing or knock it down, learn more about the legal underpinnings of these permits and how to maximize clients’ chances to successfully obtain or defeat the granting of such permits. The author provides legal and political strategies to achieve the desired outcome.

Dramatically changing electric-rate designs and unprecedented expansions of the state’s transmission system underscore the importance of understanding the Public Service Commission’s workings and of knowing how to help your clients be heard in matters it oversees.

Private property values, business income, and local tax revenue are factors the Wisconsin Department of Natural Resources (DNR) must consider when deciding if a lake’s water level, regulated by a dam, should be allowed to rise.

Seven public sector unions recently lost a challenge to 2011 Wisconsin Act 10, the controversial "budget repair bill" that curtailed the collective bargaining rights of public employees, as a federal appeals court recently upheld the law "in its entirety.

Jan. 10, 2013 – The state Department of Children and Families revoked a Milwaukee woman’s child care license in 2010 for crimes committed 22 years ago, under the state's new caregiver law. But the Wisconsin Supreme Court recently ruled that she’s entitled to a hearing first.

A sales tax statute that has no limitations period is constitutional, a state appeals court has ruled, meaning business owner Elijah Rashaed will have to pay nearly $200,000 in back sales taxes relating to his clothing business operations.

In its first decision of 2013, the Wisconsin Supreme Court clarified the process for filing claims against state employees and made recommendations to avoid unnecessary litigation in the future while reversing two lower courts decisions in the case.

Dec. 12, 2012 – A business sued the state, alleging one of its agencies negligently approved a construction project that caused the business property to flood. But an appeals court recently dismissed the case on sovereign immunity grounds, because the state "is a separate legal entity from its agencies."

Dec. 5, 2012 – Close friends, colleagues, and the widow of Wisconsin Supreme Court Justice William A. Bablitch recently gathered in the Supreme Court Hearing Room to accept a portrait of Justice Bablitch, which will hang in the Capitol. The portrait is a gift to the citizens of Wisconsin from the Wisconsin Law Foundation. In 1965, the foundation began working with the Wisconsin Supreme Court to obtain pictures of all the justices who had served on the court.

Nov. 7, 2012 – The Wisconsin Records Management Committee updated or introduced 38 civil, criminal, general and juvenile forms. Civil, criminal, and general forms are effective Aug. 23. Juvenile forms are effective Nov. 1 (unless otherwise noted).

The article looks at nine significant Wisconsin federal court decisions interpreting Wisconsin law in 2011-12, encompassing common-law claims and statutory interpretations.

Sept. 19, 2012 – Whether you represent a newspaper making a public records request, a citizen complaining about an open meetings law violation, or a governmental body trying to comply with the public records and open meetings laws, you should have the State Bar of Wisconsin PINNACLE The Wisconsin Public Records and Open Meetings Handbook.

In light of the ongoing debate on liability Medicare set-asides, litigators must be alert to the possibility that personal-injury claim proceeds of Medicare beneficiaries might be subject to claims of the federal government.

2011 Wisconsin Act 167 changes the DNR’s permitting authority and requirements for navigable waterway permits. Effective Sept. 1, 2012, the new law eases requirements for private entities seeking to fill navigable waterways by shortening timelines, removing public participation requirements, and creating presumptive approvals. The changes have significant implications for the state’s administration of the public trust doctrine.

July 6, 2012 – The Wisconsin Supreme Court has voted to accept ten new cases, including a case involving two parents convicted of reckless homicide after using prayer to treat their 11-year-old daughter's diabetic condition over a two-day period in March 2008.

July 5, 2012 – Now that the question of the Act's constitutionality has been decided, employers that sponsor health plans should move immediately to comply with its health insurance requirements. Although the Act's most significant pending provisions will go into effect on Jan. 1, 2014, other burdensome rules will become effective before then. In this article, Todd Cleary summarizes the most pressing requirements for employers.

June 27, 2012 – The Wisconsin Supreme Court recently clarified that government entities must pay for redaction costs when someone wants access to public records.

June 22, 2012 – Pharmacia Corporation, a large pharmaceutical company, gamed Wisconsin's Medicaid system and must pay approximately $9 million in damages, the Wisconsin Supreme Court affirmed today.

June 1, 2012 – A recent state appeals court decision is a driving school reminder to "assess the intersection before proceeding," even if no police or fire sirens can be heard.

June 6, 2012 – President Barack Obama recently awarded the Medal of Freedom, the highest civilian award in the U.S., to State Bar of Wisconsin member and New Richmond native John Doar for his work as a civil rights lawyer in the 1960s.

May 30, 2012 – The Wisconsin Supreme Court recently rejected a criminal defendant's claim that circuit court commissioners do not have authority to issue search warrants.

May 23, 2012 – A Milwaukee man convicted of prostitution, and later exonerated, will soon be compensated for the time he spent in jail, under a recent decision by a state appeals court.

May 15, 2012 – An employer who questioned the extent of an employee’s injury-related disability did not have an automatic statutory or due process right to cross-examine the independent physician appointed to examine the employee, the state supreme court recently ruled.

May 8, 2012 – In a unanimous decision, the Wisconsin Supreme Court recently clarified that a billboard owner who leases land to post a billboard is entitled to just compensation, in addition to relocation expenses, when the government takes the land for public use.

May 16, 2012 – Chances are good a tax authority will audit your law practice. In this video, Milwaukee attorney Douglas H. Frazer discusses record keeping best practices and the appeals process if you are not satisfied with the results of the audit.

April 30, 2012 – Waukesha police officers used excessive force when they shot Tamara Phillips four times in the leg with a SL6 Baton Launcher, the U.S. Court of Appeals for the Seventh Circuit recently ruled.

April 17, 2012 – A county employee who is negligent while directing traffic during road construction does not mean the county is liable for injuries that result, a state appeals court has ruled.

April 18, 2012 – The rules that govern collective bargaining on "total base wages" of public employees were recently approved. In this article, labor and employment lawyers Shana Lewis and Kirk Strang discuss the rules and their implications for parties to collective bargaining negotiations.

April 10, 2012 – Police labor unions that challenged a City of Milwaukee ordinance imposing mandatory unpaid furlough days for most city workers recently lost their appeal.

April 6, 2012 – An employee who voluntarily quits a job does not qualify to receive unemployment insurance benefits, unless the employee quits for good cause attributable to the employer. Recently, a state appeals court clarified the quit-for-cause analysis.

April 2, 2012 – Seven public unions that challenged Wisconsin's controversial "budget repair bill" were recently successful in striking parts of it, including provisions that made it more difficult for unions to retain their certification and collect dues.

Wisconsin Lawyer

March 28, 2012 – Today, state appeals courts certified two cases in which plaintiffs are seeking to nullify the state's contentious voter identification law to the Wisconsin Supreme Court.

March 22, 2012 – A three-judge panel of the U.S. District Court for the Eastern District of Wisconsin today upheld all but two legislative districts drawn by a Republican-controlled Wisconsin Legislature. It also upheld a congressional redistricting map.

March 21, 2012 – In this video, Wisconsin Department of Natural Resources Deputy Secretary Matt Moroney briefly explains legislative changes and other updates to shoreland zoning, wetland reforms, and pier regulation. In addition, Moroney discusses the "hot topic" issues the department will tackle in the foreseeable future.

March 21, 2012 – In March 2011, the legislature suspended the Public Service Commission's wind siting rules for the uniform local regulation of wind power, Wis. Admin. Code chapter PSC 128. With the close of the 2011-2012 legislative session on March 15, 2012, those rules have now gone into effect.

March 21, 2012 – In a 3-3 split, the Wisconsin Supreme Court effectively dismissed a case to decide the constitutionality of state regulations on political speech as they relate to campaign finance laws. Cases pending in federal court, awaiting a state court decision, may now proceed.

April 18, 2012 – The public comment period on the U.S. Department of Labor's recently issued proposed changes to the federal Family and Medical Leave Act (FMLA) regulations, related primarily to military family leave and airline flight crew eligibility, will close on April 30, 2012. The following highlights the significant changes proposed by the Department of Labor.

March 12, 2012 – The federal government's failure to preserve issues in the Dane County Circuit Court means it can't appeal those issues now, the Wisconsin Supreme Court has ruled.

March 5, 2012 – The Wisconsin Supreme Court has agreed to decide whether a law firm must disclose redacted portions of legal bills to a Juneau County newspaper under the state's open records laws. The case is one of four recently accepted for review during the current term.

March 7, 2012 – A federal court will soon decide Wisconsin's hot-button redistricting issue. Although redistricting litigation is common every 10 years, here and across the country, two distinct issues make this cycle's litigation relatively unique in Wisconsin.

March 7, 2012 – In this article, Madison attorney Saul Glazer explains how a new law will impact employers and employees when it comes to employment discrimination claims, including the impact on women who file unequal pay claims.

March 2, 2012 – The estate of a man killed by a former Milwaukee police officer will have another opportunity to argue that the City of Milwaukee should pay the $1.85 million awarded to the man's estate.

Congress should put the integrity and independence of the federal judiciary before partisan politics and work cooperatively and cordially to fill all federal judicial vacancies.

March 1, 2012 – A Milwaukee man will have another shot to argue that he didn’t own the floating barge that sank in the Menomonee River in 2006 and should not be responsible for the hefty fine levied against him, the Wisconsin Supreme Court recently determined.

Feb. 15, 2012 – In this article, Fox Point attorney Erin O'Connor discusses a law that changed venue rules when the state, a state agency, or a state officer or employee is the defendant, including the arguments for and against the new venue law.

Feb. 15, 2012 – As John Doe proceedings unfold in Milwaukee County, Madison criminal defense lawyer Marcus Berghahn explains what John Doe legal proceedings entail, how they are conducted, and why they are necessary.

Feb. 1, 2012 – Attorneys who engage in real estate development, land use, environmental, municipal, or general practice or who represent a land-use-related industry will want to attend the State Bar of Wisconsin PINNACLE™ Current Issues in Land Use Law seminar on March 15 in Madison, offered simultaneously via webcast.

Jan. 18, 2012 – Under a new Voluntary Classification Settlement Program, the Internal Revenue Service permits employers to reclassify independent contractors as employees with minimal costs. Wendy Richards and Sven Skillrud outline who is eligible for the program, the benefits of applying, and what to consider before applying to the program.

Jan. 18, 2012 – Municipalities and municipal groups are pushing a bill that would eliminate municipal liability for "discretionary" decisions regarding roadway and other construction and maintenance. In this article, municipal and personal injury attorneys debate the impact of the bill.

Jan. 18, 2012 – The Wisconsin Spring Primary Election is only a month away, and residents who cannot produce proper identification at election polls on Feb. 21 won't vote. Changes include stricter rules on forms of acceptable ID, tightening residence requirements, shortening early and absentee voting timeframes, and new rules for special registration deputy appointments.

Jan. 4, 2012 – The Wisconsin Supreme Court has accepted review of 14 new cases, including one examining whether evidence that a widow received a $1.4 million life insurance payout prejudicially impacted the medical negligence trial against three doctors.

Jan. 4, 2012 – Assembly Bill 426, introduced Dec. 14, 2011, makes sweeping changes that would affect permit applicants, local governments, neighboring property owners, citizens' groups, and the state itself. Elizabeth Wheeler of Clean Wisconsin explains that these changes span a range of issues, from permit fees and tax revenues to permitting timelines and environmental standards as applied to iron mining.

Dec. 22, 2011 – In condemnation proceedings, the government is allowed to introduce evidence of environmental contamination and future remediation costs to reduce the just compensation it must pay to a property owner, the Wisconsin Supreme Court has ruled.

Dec. 21, 2011 – A recent federal court ruling strikes a Wisconsin law that restricts the amount of money political action committees can raise for political speech. The campaign finance law at issue has been in place, in some form, since 1973.

Recent Wisconsin Supreme Court election campaigns have focused attention on the methods by which the state's ultimate judicial arbiters are selected; but the debate is not a modern phenomenon.

Dec. 7, 2011 – Wisconsin attorney Charles "Chuttie" Senn is assisting devastated communities like Joplin, Mo., as a full-time deployable field counsel for the Federal Emergency Management Agency.

In this video, Deb Smith, SPD director of assigned counsel, and Linda Albert, State Bar WisLAP coordinator, discuss a groundbreaking study of State Public Defender attorneys. This study examines the impact of secondary trauma on lawyers continually exposed to others' traumatic experiences.

Nov. 29, 2011 – A state appeals court refused to dismiss medical malpractice case based on a statute that demands claim notices against state employees, agents, or officers be sent to the attorney general at his or her "office in the capitol" by certified mail.

Nov. 28, 2011 – A state appeals court has asked the Wisconsin Supreme Court to clarify the Wisconsin Public Service Commission’s (PSC) review and approval process for public utility proposals that seek to build out-of-state facilities serving Wisconsin.

Nov. 16, 2011 – As of Nov. 4, 2011, Wisconsin employers are no longer required to calculate and impute the fair market value of any employer-sponsored health benefits provided to adult children who will be under age 27 at the end of the tax year. This means Wisconsin employers should immediately stop all fair market value calculations and imputation of Wisconsin income with respect to these children, says attorneys Todd Cleary and Sven Skillrud.

Nov. 2, 2011 – It just got easier to find state law on the Legislative Reference Bureau website. The new search engine presents more results and works in a format that resembles prominent Internet search engines.

Oct. 31, 2011 – A newspaper that requested law firm bills for legal services rendered to Juneau County will get them free of redaction, a state appeals court has ruled.

Oct. 25, 2011 – A panel for the U.S. Court of Appeals for the Seventh Circuit recently ruled that Milwaukee County Sheriff David Clarke did not violate state or federal law when he told an on-air radio show host that deputy David Hutchins held a grudge against him for filing a disciplinary action.

Oct. 21, 2011 – A state appeals court has asked the Wisconsin Supreme Court to decide whether a conditional release plan concerning an institutionalized person is confidential and thereby exempt from Wisconsin’s open records law.

Oct. 13, 2011 – A state appeals court recently ruled that an irrevocable trust, established by three children to benefit their parents in limited circumstances, now bars the mother's claim for medical assistance.

Oct. 19, 2011 – In this video, Whitefish Bay lawyer Jay Miller explains how the IRS is threatening the attorney work-product doctrine and why all litigators should care. Don't miss his article in the October Wisconsin Lawyer magazine.

Oct. 19, 2011 – Wisconsin lawmakers are currently considering legislation that would cap a lawyer's ability to obtain reasonable attorney fees. Consumer law attorneys say the proposed law would put many consumer lawyers out of business, adversely impacting low-income individuals.

Oct. 5, 2011 – Which county courthouses have Wi-Fi access? Here’s a handy resource

The federal government will again notify businesses when employees' SSN information appears incorrect.

Oct. 5, 2011 – Gov. Scott Walker called the Wisconsin Legislature into special session on Sept. 29 to consider a number of bills, including four tort reform measures. Learn what's in store for this special session.

Sept. 28, 2011 – A Wisconsin appeals court today upheld the dismissal of claims by a Madison-based newspaper against former Governor Jim Doyle, concluding the newspaper did not timely file a writ of mandamus to obtain relief for alleged violations of the state's open records law.

Sept. 23, 2011 – A woman claiming wrongful termination of her rental housing subsidy asked the circuit court, on judicial review of the housing authority's decision, to reinstate and restore the subsidies. But an appeals court clarified that a court on certiorari review cannot order the relief requested.

Sept. 21, 2011 – Gov. Walker appointed six circuit court judges and a district attorney on Sept. 16. The judicial appointments will stand until a judge has been sworn in following the April 2012 spring elections. The district attorney appointment will stand until December 2012 following a November election. All appointees have the opportunity to run for their seats.

Sept. 21, 2011 – The America Invents Act, signed Sept. 16, marks the biggest change to the U.S. patent system since the 1950s. In this article, intellectual property attorney Michael Cronin discusses some of the major changes, including the move to a "first-to-file" approach.

Sept. 9, 2011 – The Wisconsin Supreme Court recently heard oral argument on whether state law preempts local zoning authority to regulate new and expanded livestock operations.

Sept. 8, 2011 – A losing bidder that did not appeal to stop a Wisconsin agency from entering into contracts with winning bidders lost its opportunity to challenge the bidding process.

Sept. 7, 2011 – The Wisconsin Department of Health Services has launched a project to recruit, train, and support individuals with disabilities in the field of document transfer and storage preparation. Using the strengths of people with disabilities who are eager to contribute and pursue their independence, the Wisconsin Digital Imaging Project is the perfect combination of smart business practices and good jobs for an available and motivated workforce.

Sept. 7, 2011 – In January 2012, Wisconsin's health insurance requirements for certain adult children will more closely match federal coverage requirements enacted in last year's health care reform legislation. However, according to attorney Andrew Bezouska, the value of coverage provided to individuals who are not tax dependents will still be imputed as Wisconsin income.

Aug. 17, 2011 – The number of pro se litigants is increasing in Wisconsin courts. More clients can't afford full representation from lawyers. In the near future, lawyers who wish to offer "unbundled" legal services to Wisconsin residents could have more guidance in doing so.

Aug. 17, 2011 – A new era for the State Public Defender's Office begins as director Kelli Thompson, a 12-year veteran, settles in for the challenging days ahead.

2011 Wisconsin Act 21 significantly changes how administrative rules are promulgated. Among other things, it narrows state agencies’ rule-making authority, gives the governor new powers to approve or prevent the adoption of rules, expands the economic-impact-analysis requirement to all agencies, and expands venue in declaratory judgment actions to all counties.

July 8, 2011 – The high capacity well that sparked heavy litigation between the Village of East Troy and conservancy groups protecting Lake Beulah will remain in operation.

July 6, 2011 – Selecting websites for research can be tricky business. Government websites are typically a good place to start.

Nearly 60 percent of the nation's taxable property may be over assessed. There are many reasons for real estate appraisal inaccuracies, which may affect a property owner's tax assessment. It is important that taxpayers and their attorneys understand how appraisals are conducted and the different types of tax assessment appeals that are available, including their processes and limitations.

June 17, 2011 – The Legislature has finished its work on the proposed 2011-13 biennial state budget, sending the bill to Gov. Scott Walker for his review.

June 10, 2011 – Gov. Scott Walker's catch phrase "open for business" was the underlying theme of presentations today by secretaries of the Department of Transportation, the Department of Natural Resources, and a representative for the Department of Commerce.

July 6, 2011 – The concealed carry law is expected to be signed into law this week, taking effect Nov. 1, 2011. This article discusses how the new law may impact property owners, business owners, and employers, with some insight from experienced employment law attorneys.

June 6, 2011 – The Wisconsin Supreme Court recently clarified that a condemning party need not make a jurisdictional offer of compensation in order for the condemnee to recover litigation costs.

June 3, 2011 – The Wisconsin Supreme Court will hear oral argument June 6 on issues stemming from Gov. Scott Walker’s controversial Budget Repair Bill (2011 Wisconsin Act 10), which was originally halted in March when Dane County Circuit Court Judge Maryann Sumi issued a temporary restraining order enjoining its publication.

Thank you to everyone for a memorable year as your president.

May 17, 2011 – The Wisconsin statute that gives municipalities power to make special assessments against property owners bars the appeal of business owners who must now pay nearly $160,000 to the Village of Germantown, the Wisconsin Supreme Court recently concluded.

May 13, 2011 – Attorneys who assist property owners impacted by floods and other disasters may soon hear from clients caught up in a new nationwide effort by the Federal Emergency Management Agency (FEMA) to recoup disaster assistance funds that it believes were improperly dispensed by the agency since 2005.

May 18, 2011 – A legislative budget committee recently voted to eliminate state funding for indigent civil legal needs in 2011-13, and voted to modify a provision Gov. Walker proposed in the budget bill to provide pay progression for assistant district attorneys, among other actions.

May 5, 2011 – Attorney Egil "Bud" Krogh wanted to be a Seattle zoning lawyer. But President Richard Nixon's administration had other plans. Today, Krogh told Wisconsin lawyers about his experience with a covert group known as the "White House Plumbers," the consequences that followed, and the importance of integrity.

Proposed funding to retain ADAs is a step in the right direction, but more is needed.

April 1, 2011 – Landowners who withdraw land from the managed forest land (MFL) program must pay a withdrawal tax that goes to the municipality in which the land is located. Recently, a state appeals court decided what happens when MFL program land changes hands.

March 31, 2011 – The lawsuit between police captains and Milwaukee County will continue to determine if the county violated a civil service statute that guarantees equal pay to employees in the same classification and level of advancement.

March 29, 2011 – Municipalities cannot block de novo review of tax assessment decisions by assessment review boards, the Wisconsin Supreme Court majority recently held in a 4-3 decision.

March 25, 2011 – The District I Wisconsin Court of Appeals recently reversed the Milwaukee County Circuit Court and upheld the City of Milwaukee’s Paid Sick Leave Ordinance, which nearly 70 percent of voters approved in 2008.

March 24, 2011 – A state appeals court has asked the Wisconsin Supreme Court to decide whether striking down a legislative act is an available remedy for a violation of open meetings laws, if one has occurred, and whether a court can block publication of an act.

March 21, 2011 – Wisconsin Secretary of State Doug La Follette, through the Wisconsin Department of Justice (DOJ), today filed a petition with the District IV Wisconsin Court of Appeals seeking leave to appeal a March 18 order that delays implementation of Gov. Walker’s budget repair bill.

March 15, 2011 – The exclusive remedy provision in Wisconsin's Worker's Compensation Act (WCA) does not bar the defamation claim of a former employee who alleges defamation occurred shortly after he resigned.

Feb. 14, 2011 – When a party seeks access to confidential pupil records to impeach a witness, the circuit court must determine the relevancy of the records to the witness’s testimony, and the testimony can occur in a deposition before trial.

Feb. 1, 2011 – Although Wisconsin’s statute of repose bars claims arising from improvements to real estate beyond 10 years from the date of substantial completion, the provision does not apply if parties have contracted otherwise, a Wisconsin appeals court recently concluded.

Jan. 13, 2011 – A plaintiff who improperly served the respondents' attorneys in commencing a certiorari action could not rely on a "special circumstances exception" to deflect respondents' challenge that the court lacked personal jurisdiction over them.

Dec. 29, 2010 – Effective today, new Federal Trade Commission (FTC) regulations govern unfair or deceptive practices in providing mortgage loans or loan modification and foreclosure rescue services. Attorneys who provide such services are exempt from the rule if certain requirements are met.

Dec. 28, 2010 – The District I Wisconsin appeals court recently upheld an arbitration award that said Milwaukee County could not reduce employee hours without a board resolution.

Dec. 21, 2010 – The Wisconsin Supreme Court says that Darnell Jackson must stay in prison for six extra months based on an agency decision that he incited a riot at the New Lisbon Correctional Institution in November 2004.

Dec. 6, 2010 – The City of Menasha cannot use federal securities law to delay a bondholder's request for public records under Wisconsin's public records law, a U.S. Court of Appeals for the Seventh Circuit panel recently held.

Dec. 1, 2010 – Neither due process nor Wisconsin statute give a party the per se right to cross-examine an independent court-appointed medical examiner when there is a dispute or doubt as to the extent or cause of disability or death in a worker’s compensation case.

Oct. 20, 2010 – Due to a bomb threat that forced an evacuation of the Capitol building yesterday (Oct. 19), the Wisconsin Supreme Court has rescheduled public hearing and administrative conference on petitions 10-03 and 10-04 to Nov. 9, 2010, at 9:30 a.m.

Oct. 19, 2010 – An in-home caregiver under the long-term support community options waiver program (COP-W) is an employee of the county for worker’s compensation purposes, the District III Wisconsin appeals court recently held.

Oct. 14, 2010 – An equally divided Wisconsin Supreme Court has remanded to the court of appeals a case in which the Milwaukee Metropolitan Association of Commerce (MMAC) filed suit to challenge the City of Milwaukee’s Paid Sick Leave Ordinance.

Oct. 13, 2010 – Among the 18 new cases slated for review by the Wisconsin Supreme Court is a high-profile case in which the court will decide whether sentencing a 14-year-old to life imprisonment constitutes cruel and unusual punishment.

Oct. 8, 2010 – Governmental immunity applies to a subcontractor working on a city construction project if the subcontractor meets the requirements to be considered an agent of the city and the city retains ultimate responsibility for the project.

Oct. 7, 2010 – The Department of Workforce Development (DWD) does not have authority, for worker's compensation purposes, to determine an incapacitated individual's living arrangement, a Wisconsin Appeals Court recently held.

Oct. 5, 2010 – A Wisconsin statute that previously allowed school districts to cap the percentage of students that transferred to other school districts no longer applies, a Wisconsin Appeals Court recently held.

Sept. 14, 2010 – The government may introduce evidence of future contamination and remediation costs to establish the fair market value of property taken through eminent domain, a Wisconsin Appeals Court recently held.

Sept. 13, 2010 – Federal antitrust law does not preempt the Wisconsin laws that require gasoline retailers in the state to increase prices by a set percentage above cost, the U.S. Court of Appeals for the Seventh Circuit recently held.

Sept. 10, 2010 - A party that challenges the Wisconsin Department of Transportation's (DOT) design of a road in a condemnation proceeding will lose unless the design is “obviously unsafe." An obviously unsafe road design might be one "that leads to the edge of a cliff for no apparent reason."

Sept. 2, 2010 – A worker, restricted by a physician’s order from engaging in certain activities at work, is nevertheless entitled to worker’s compensation if the employer asks the worker to engage in those activities, also knowing of the restriction.

Sept. 1, 2010 – Without an arbitrary act on the part of a labor union, the labor union does not breach its duty of representation in representing a union member. That is, the non-arbitrary acts of a labor union cannot be aggregated to create arbitrariness on the whole, a Wisconsin Appeals Court recently held.

Aug. 27, 2010 – A Wisconsin appeals court ended a long-running dispute between the Village of East Troy (Village) and the Lake Beulah Management District (District) by ruling that the District did not have authority to enact an ordinance restricting the transfer of groundwater.

If a foreclosure involves a federal interest, the requirements of 28 U.S.C. § 2410 apply, preempting any conflicting state statutes. This overview helps attorneys navigate the federal process and avoid the common mistakes and problems that can slow down or derail a state foreclosure proceeding.

2009 Wis. Act 402 imposes uniformity across Wisconsin’s more than 250 diverse municipal courts, with standards that bolster the courts’ independence, clarify regulation and procedure, and enhance professionalism. Changes to court operations go into effect on Jan. 1, 2011.

July 20, 2010 – Wisconsin’s Department of Administration must return $200 million plus interest and lost earnings to a statutorily established fund supported by mandatory assessments on physicians, the Wisconsin Supreme Court has held.

July 7, 2010 – Thanks to the combined efforts of the State Bar of Wisconsin, the American Bar Association, and bar associations and attorneys across the country, the final version House Bill H.R. 4173 contains a practice of law exclusion.

The 2010 court of appeals decision in Williams v. Housing Authority of City of Milwaukee makes clear that administrative agencies must strictly apply the legal residuum rule and base adverse decisions on substantial evidence. It further held that agency decisions may not rely solely on uncorroborated hearsay evidence and determined that an agency may not rely on a default municipal ordinance conviction as evidence or admissions of the allegations in the underlying citation.

June 10, 2010 – Where the Housing Authority denies an application for rent assistance, it must adequately identify the authority that justifies the denial, the appeals court recently held.

May 18, 2010 – On review to the District 4 court of appeals, the Wisconsin Department of Natural Resources (DNR) survived all but one Sierra Club challenge to an air pollution permit for operations at a coal-fired power plant.

May 13, 2010 - A private entity is not subject to a 120-day statutory notice requirement when filing an antitrust claim against a governmental body, the appeals court recently held.

April 30, 2010 – The Wisconsin Supreme Court has taken action on two rule-making petitions, one filed by the Judicial Council relating to the confidentiality of communications made in mediation and the other filed by the Board of Bar Examiners relating to bar admission procedures.

April 20, 2010 - In the recent case of Curt Anderson et al. v. Department of Natural Resources, 2008AP3235 (April 13, 2010), the appeals court held that public hearing "review" of a permit reissuance under Wis. Stat. section 283.63 is not restricted to issues raised previously during the 30-day public comment period.

Secret offshore accounts – especially Swiss bank accounts – have a certain cachet, having become synonymous with glamour, financial sophistication, and international intrigue. Following the U.S. Justice Department’s 2009 settlement with the United Bank of Switzerland, increased state and federal enforcement efforts against such accounts might dampen their allure.

Adverse-possession disputes are emotionally charged matters that are pervasive in Wisconsin. Recent cases heard by the Wisconsin Court of Appeals highlight some of the many complications of adverse possession and provide insight into how to prove and defend adverse-possession claims and how to avoid a dispute in the first place.

A “system” is more than its parts.

Following the U.S. Supreme Court decision in Granholm v. Heald striking down state efforts to stem the cross-border flow of wine, even sober minds are challenged to understand the degree to which the dormant Commerce Clause limits state discretion in regulating alcohol-beverage distribution. Despite lower-court decisions interpreting, and legislative responses to, the Granholm decision, questions remain.

Feb. 12, 2010 – Consistent with many other state offices, the Director of State Courts Office and other Madison-based administrative offices of the state court system will be closed on Monday, Feb. 15, due to state-employee furloughs.

The Working Lands Initiative is a cooperative state and local government and private effort to save farmland, protect the environment, and minimize land-use conflicts. A new law provides enhanced tax credits for farmers whose land is protected for agricultural use and who adopt sound environmental practices. The law provides new opportunities for public-private partnerships, and encourages a renewed community focus on farmland preservation and land-use planning.

Nov. 24, 2009 – Consistent with many other state offices, the Director of State Courts Office and other Madison-based administrative offices of the state court system will be closed on Friday, Nov. 27, 2009, due to state-employee furloughs.

Nov. 10, 2009 – In oral arguments before the Wisconsin Supreme Court, justices probed the extent to which the state’s open records law excludes materials that do not relate to public business.

Nov. 6, 2009 – Anti-identity theft rules originally scheduled to go into effect on May 1 have been delayed again at the request of members of Congress, says the Federal Trade Commission.

Oct. 20, 2009 – The Alternative Dispute Resolution Section submitted testimony to lawmakers considering a bill to grant distressed homeowners a right to mediation in foreclosure. The section sought to ensure the mediator remains neutral in whatever procedure lawmakers adopt.

Oct. 14, 2009 – The Wisconsin Court of Appeals examined the statute enabling State Public Defender-appointed lawyers to file no-merit reports and found it does not exclude court-appointed indigent defense attorneys.

Oct. 9, 2009 - Consistent with many other state offices, the Director of State Courts Office and other Madison-based administrative offices of the state court system will be closed on Monday, Oct. 12, 2009 due to state-employee furloughs.

Oct. 8, 2009 – Reinstating a Milwaukee police officer’s lawsuit for back pay and benefits, the Wisconsin Court of Appeals disagreed with the circuit court’s statutory interpretation restricting claims to those arising from work actually performed.

In Sands v. Whitnall School District, the Wisconsin Supreme Court held there is no evidentiary privilege for deliberations in closed sessions conducted by governmental entities. Here is a look at how Sands developed, the potential impacts of the court’s decision, and the implications regarding public records law.

Oct. 6, 2009 – The Wisconsin Court of Appeals refused to expand the scope of a statutory tax exemption for the church-owned residences of religious leaders to include a custodian.

Sept. 30, 2009 – The Wisconsin Court of Appeals held that a science teacher’s failure to take precautionary measures following earlier student injuries defeated the school district’s governmental immunity against alleged negligent instruction regarding dissection scalpels.

Sept. 24, 2009 – The Wisconsin Court of Appeals interpreted the statute shielding property uses lawful prior to a zone change, finding that a club operator can’t start offering adult entertainment when he knows the county is about to regulate that activity.

Sept. 21, 2009 – The State Bar of Wisconsin now has a presence on Twitter. Visit StateBarofWI for recent court and legislative developments, as well as State Bar news.

Sept. 18, 2009 – Wisconsin Supreme Court Chief Justice Shirley Abrahamson addressed a conference held to consider the future of judicial campaigns, reaffirming her belief that electing judges is better than gubernatorial appointments.

Aug. 31, 2009 – The Wisconsin Court of Appeals said vacant land reserved for development belongs to owners of finished condo units so that they pay the property taxes, not the developer. But a dissenting judge warns years may pass before first construction begins, leaving cities unable to collect taxes on the unimproved land.

Aug. 27, 2009 – When the Town of Trenton approved a condominium development with commercial activity in conflict with the residential zoning, the Wisconsin Court of Appeals said this amounted to “de facto rezoning.” Trenton argued it had merely approved a condominium form of ownership.

Sept.15, 2009 – Child support case workers in Marinette County and Door County have engaged in the unauthorized practice of law by filing their own affidavits in support of motions they draft for commitment orders, the Wisconsin Court of Appeals found.

Aug. 11, 2009 – The Wisconsin Court of Appeals rejected as “unreasonable” the expectation that an agency have particular expertise in the subject matter of a statute before a reviewing court gives deference to the agency’s statutory interpretation.

Stagnant pay levels, inadequate staffing, and rising caseloads all contribute to experienced prosecutors leaving public service.

Aug. 3, 2009 – When the underlying real property is worth nothing, a leaseholder receives no compensation from the condemnation award, even if the lease agreement has a separate value. Leases are contractual arrangements independent of the value of the property, the justices said.

July 22, 2009 – The Wisconsin Supreme Court said that intentional violations of a consent decree governing conditions at the Milwaukee County Jail ceased before the circuit court held county officials in contempt. Accordingly, the contempt statutes do not authorize sanctions.

July 17, 2009 – The Wisconsin Supreme Court finding that Facilities Director Barry Fox had a definite obligation to ensure railings protected Richard Umansky while he worked on an elevated platform at Camp Randall Stadium clears the way for a negligence suit that otherwise would have been barred by immunity granted public employees.

July 16, 2009 – The justices agreed that a provision in the state’s contract with the Wisconsin State Employees Union could not amend the Public Records Law to prevent the release of records to the Milwaukee Journal Sentinel and the Lakeland Times.

June 17, 2009 – In this video clip, Jennifer Zilavy of the Madison City Attorney's Office explains the strategy of "community prosecutions," a means of fighting drug trafficking and other serious crimes by focusing on smaller, quality-of-life issues.

June 2, 2009 – An Assembly bill aims to increase the hourly rate paid to private attorneys who accept cases from the State Public Defender from $40 to $70 an hour. Lawyers, including State Bar President Diane Diel and Past State Bar President Gerry Mowris, told lawmakers the increase is long overdue.

Opening a liquor store, tavern, or nightclub offers many risks and rewards for entrepreneurs in Wisconsin. Here’s what you need to know about the liquor licensing process to provide your clients the professional guidance they need before, during, and after the license-application process to improve their chances for long-term success in their business ventures.

May 6, 2009 – Last year’s rampant flooding in Wisconsin pointed out a need that this program is designed to meet. Attend an afternoon of free training from 12:30 to 4:10 p.m. on May 21 in Madison to educate lawyers about common legal issues faced by victims of a natural disaster. Hear legal services professionals from the Federal Emergency Management Agency (FEMA), representatives from the Department of Agriculture, Trade and Consumer Protection, as well as private practitioners discuss how disasters af

April 15, 2009 – The next time you plan to attend a State Bar seminar, you can add it to your electronic calendar when you register by using WisBar’s new “Add to My Calendar” feature. Once you have registered, click the “Add to My Calendar” hyperlink. You will receive an email notification of your event with instructions on how to save the event to your electronic calendar. The feature works for Outlook and Google users.

Apirl 15, 2009 – Did you know that the State Bar of Wisconsin is the official record keeper for agencies that regulate the practice of law in Wisconsin? That means, when your State Bar member record is out of date or incorrect, it affects more than just the Bar. It could affect communications from the Wisconsin Office of Lawyer Regulation, Board of Bar Examiners, and Wisconsin Supreme Court.

April 15, 2009 – Today, our country is experiencing one of the most troubling economic periods since the Great Depression, and the legal profession is not immune from the effects. These difficult times make finding cost-effective ways to connect with paying clients more important than ever.

April 15, 2009 – The State Bar Practice411™ Breakfast & Business: Eggs, Ethics and Answers series will be presented on April 22 in Platteville and June 17 in Pembine. Pembine program information is not yet available. Pembine is conveniently located about an hour and a half from Rhinelander, Green Bay, and Marinette, and about a half hour from Iron Mountain, Mich. Both seminars, presented in two sessions, will begin with a hot breakfast at 8:15 a.m. and conclude at 11:15 a.m.

The American Recovery and Reinvestment Act of 2009 makes more than 300 changes to the Internal Revenue Code to provide nearly $300 billion in tax relief and other benefits to individuals, businesses, the environment, and state governments. This summary of the Act’s fundamental tax law changes provides attorneys with the working knowledge they need to advise their clients about the Act’s provisions.

March 18, 2009, – Today, our country is experiencing one of the most troubling economic periods since the Great Depression, and the legal profession is not immune from the effects. These difficult times make finding cost-effective resources to connect with paying clients more important than ever.

Given the number of current climate laws or initiatives in Wisconsin and other states aimed at regulating greenhouse-gas emissions and developing “green technologies,” and the high probability of sweeping federal government action within the next few years, lawyers should stay at the forefront of this rising legal practice area.

Wisconsin now carefully defines marina condominiums and prohibits their development as a matter of public policy.

In State v. MacArthur, the Wisconsin Supreme Court concluded that the expanded statute of limitation for child sexual assaults must be interpreted literally, not constructively, with the result that some future child sexual assault defendants may escape prosecution while other defendants may be subject to prosecution without any time limit. The difference in treatment depends on whether the alleged crime occurred before or after July 1, 1989.

Feb. 12, 2009, was the 200th anniversary of Abraham Lincoln’s birth. Lincoln arguably did more than any other individual to shape America. He influenced and was influenced by powerful legal and political currents that continue to play a vital role in shaping American law, including the law of Wisconsin. This is the second of three articles that examine the legal connections between Lincoln and Wisconsin.

Recent appellate opinions have clarified Wisconsin’s open government laws as applied to economic development issues. By following the public records and open meetings laws, and by understanding when the very limited exceptions may apply, the public, local governments, and developers can all reap the benefits of economic development.

Beginning Jan. 20, all non-immigrant visa applicants with an appointment at the United States Consulate General in Ciudad Juarez, Mexico will be required to use the DS-160 electronic NIV application form available at https://ceac.state.gov/genniv, according to the consulate.

The author provides seven principles to help determine tribal court jurisdiction over non-tribe members following the U.S. Supreme Court’s recent decision in Plains Commerce Bank applying the “Montana exceptions” to the general rule against a tribe’s lack of jurisdiction over nonmembers.

Three young Wisconsin attorneys work as teachers and mentors to help strengthen the rule of law in Afghanistan.

For many years, Daniel W. Hildebrand contributed to Wisconsin legal literature by annually describing those Wisconsin appellate decisions that he viewed to be most significant. Attorney Hildebrand passed away in late 2007; these authors, both former supreme court clerks, are attempting to pick up the Hildebrand torch.

State public defender Nick Chiarkas and State Bar president Diane Diel make their case for increasing the rate paid to private bar attorneys who accept public defender appointments from $40 per hour to $70 per hour.

Under the Federal REAL ID Act, beginning on May 11, 2008, a Wisconsin resident may not use a Wisconsin driver’s license or state-issued identification card to prove identity when boarding a commercial aircraft or entering a federal building unless the driver’s license or ID card is REAL ID compliant. Read about what this means to Wisconsin lawyers and citizens.

Although a partisan power split hampered productivity during the 2007-2008 legislative session, the State Bar and its lobbying sections gained some ground on important issues. Here’s a brief look at the highlights of issues tackled on which the State Bar or its sections took positions.

Some of the most unfair attacks on Justice Butler in the recent supreme court campaign targeted his former role as a public defender, with the message being that an attorney who serves as a public defender might be unfit to serve as a justice on the Wisconsin Supreme Court. This message is both false and dangerous to our system of justice.

Wisconsin’s Direct Legislation Statute, section 9.20, gives voters a direct voice in local matters and provides a procedure by which voters may compel local government to pass or put before the public for a popular vote a proposed ordinance or resolution. Read how it works.

Member input sought on Section Amicus request; Member feedback due April 16The Elder Law Section requests authorization to file an amicus brief in Judith Van Handel v. Wisconsin Department of Health and Family Services, currently before the Wisconsin Court of Appeals, District III.

A Wisconsin Legislative Audit Bureau report shows that the state cut prosecutor positions at a time of increased crime statewide. Increased caseloads and a lack of pay progression caused more than half the assistant district attorneys to leave the profession within the last six years. The high turnover and prosecutor shortage have now developed into an unmanageable crisis in our criminal justice system as crime victims and law enforcement officers are underserved.

In the April general election, a referendum will give Wisconsin citizens an opportunity to limit the governor’s partial veto power. Here’s a look at the proposed amendment and how it compares to the origin and evolution of partial veto power.

You’ve heard the old saw – the only things certain in life are death and taxes. But at midnight on Dec. 31, 2007, Wisconsin will have no estate tax for the first time in more than 100 years, and this will remain the situation until the Wisconsin Legislature acts to reinstate it.

Scam publishers and their bogus publishing contracts feed on the dreams of would-be authors. If you're representing an author - or even yourself - learn how to spot and steer clear of a publishing scam.

The new Government Accountability Board will change how elections and lobbying are regulated, but the underlying laws remain the same. Lawyers should know how the lobby laws affect their practices and clients, because a lawyer's advocacy may unintentionally subject the lawyer and client to lobby law requirements and penalties.

The U.S. Supreme Court decision in Kelo v. City of New London prompted several states, including Wisconsin, to pass legislation regulating how and when private property may be condemned for economic development. Here’s a look at the probable impact of Wisconsin’s new legislation on the use of eminent domain for private development projects.

On Oct. 5, the Wisconsin Supreme Court will hold public hearings on proposed amendments regarding appellate procedure and judicial continuing education.

New SEC rules effective Dec. 15, 2006, require publicly traded companies to disclose executive compensation in tabular form with explanations in clear English narrative.

Wisconsin Lawyer

Wisconsin Lawyer

Wisconsin's livestock facility siting rule provides consistency across the state for farmers seeking permits to site new or expanding livestock operations. Still, lawyers should continue to closely review locally implemented permitting programs for consistency with the new rule.

The Wisconsin Supreme Court's opinion in Borst v. Allstate Insurance Co. has clarified several ill-defined aspects of the arbitration process, including the role of party-appointed arbitrators, the right of parties to seek equitable relief due to arbitrator partiality, and the taking of discovery.

More than 5,300 lawyers, judges, law office support staff, and court personnel subscribe to the State Bar's CaseLaw Express. This free weekly email service keeps members abreast of recent cases that have been added to WisBar's case law archives. Recently redesigned, the new format is easier to scan, saving subscribers valuable time.

The State Bar Elder Law Section's more than 10 year Guardianship Reform Project has become law along with major reforms in reporting and responding to abuse and neglect of adults at risk and adult placement services and placement. If you represent clients who are elderly or have disabilities, or the agencies and facilities that serve them, have elderly parents or loved ones with disabilities, or if you plan to age yourself - read this article to learn about critical changes in the law.

Read how disputes concerning overlapping state court and tribal court jurisdiction occurring in the Ninth and Tenth Judicial districts can be resolved using an agreed on procedure.

Developer-funded tax incremental financing eliminates a municipality's risk that the tax incremental district will fail and offers developers a means of increasing project costs paid by the municipality. Lawyers can help their developer and municipal clients identify when financial and development conditions are right to structure these.

Before it will act, the Wisconsin Supreme Court wants the State Bar of Wisconsin to gather demonstrable evidence that additional regulation of the unauthorized practice of law is needed. The court recently asked lawyers for quantifiable evidence not only of the harm inflicted on the public when nonlawyers practice law but also of the nature and extent of the harm. Members should submit data by Dec. 31.

In Gehin v. Wisconsin Group Insurance Board, the Wisconsin Supreme Court did not strictly adhere to the legal residuum rule, which prohibits administrative hearing bodies from basing findings of fact solely on uncorroborated hearsay. While Gehin provides grounds for exceptions to the rule and addresses several satellite issues, it is unclear when corroboration is required and when it is not.

In Gehin v. Wisconsin Group Insurance Board, the Wisconsin Supreme Court did not strictly adhere to the legal residuum rule, which prohibits administrative hearing bodies from basing findings of fact solely on uncorroborated hearsay. While Gehrin provides grounds for exceptions to the rule and addresses several satellite issues, it is unclear when corrobration is required and when it is not.

On July 7, the Wisconsin Supreme Court ordered all custodial interrogations of juveniles in future cases be electronically recorded when feasible, and without exception when questioning occurs at a place of detention. The decision would make any unrecorded interrogations and any written confessions of a juvenile that are not accompanied by recorded interrogations inadmissible as evidence in court.

The Avery Task Force has completed its work on several reform issues to improve the accuracy and efficiency of the criminal justice system. The task force, appointed by Rep. Mark Gundrum, Wisconsin Assembly Judiciary Committee chair, was created to examine the causes of wrongful convictions and other ways to improve the criminal justice system to ensure conviction of only the guilty.

Wisconsin's congressional delegation worked together to write provisions protecting employee benefit plans that are part of the Bankruptcy Abuse and Consumer Protection Act of 2005.

The bankruptcy Abuse Prevention and Consumer PRotection Act of 2005 makes more than 150 significant amendments to the U.S. Bankruptcy Code, changing the protections offered to credit consumers.

Space does not permit a more complete discussion, but the holdings of these other informative cases are summarized below.

In Wisconsin, the power to pardon belongs exclusively to the governor, who can exercise it essentially in any manner the governor sees fit. For practical purposes, Wisconsin governors have been restrained in exercising their power. Read how screening panels – established by governors – evaluate applications for pardons, commutations, and reprieves.

One of your clients, a municipal employee, has just received a letter from her employer informing her that a request has been made for certain documents about her. She is frightened and angry and wants to know her rights under the Public Records Law. Can you answer her questions?

The separation of powers into three co-equal branches of government provides us with a system of checks and balances. But what happens when the branches collide? Which branch prevails? Read how the U.S. Court of Appeals for the Seventh Circuit recently made that determination in a case that weighed the powers of the executive and judicial branches.

The Administrative & Local Government Law Section requests authorization to file an amicus brief in GPS, Inc. v. Town of St. Germain, currently before the Wisconsin Supreme Court.

The State Bar's Administrative & Local Government Law Section has requested authorization to file a non-party brief as amicus curiae in the GPS, Inc. v. Town of St. Germain case currently pending before the Wisconsin Supreme Court.

In his annual feature, the author highlights what he believes are significant Wisconsin Supreme Court and Court of Appeals decisions for the year 2002.

In his annual feature, the author highlights what he believes are significant Wisconsin Supreme Court and Court of Appeals decisions for the year 2002.

Depending on the circumstance, companies that pay settlements to government agencies may be eligible for a tax deduction. Learn what circumstances may lead to a deduction and the attorney's role in drafting settlements with the tax issues in mind.

A conservation easement preserves open spaces and other environmentally significant resources while providing income, property, and estate tax savings to the landowner.

A private property owner who prematurely constructed a road through protected wetlands must remove the road and restore the wetland, a state appeals court has ruled, reversing a circuit court decision to deny injunctive relief.