Archive: 2023

Occasionally in the law, the irresistible force meets the unmovable object.

Sports, being highly sensitive to public opinion, has greatly reduced the number of ties. Football games have overtime. Golf has extra holes. Hockey and soccer (well, some soccer games) have shootouts.

While part of me (a large part) would prefer a different topic for this month, avoiding the controversial issues affecting the Wisconsin Supreme Court is not consistent with my role as a columnist on our legal system.

Ads for personal injury lawyers (and there sure are a lot of them), use some version of “we don’t get paid unless you get paid”.  One variety is “you don’t pay us, unless we win.”  Which brings up two questions:   First, who is in this “we?”  And second, how do you define “winning?”

As usual, the Wisconsin Supreme Court issued a slew of cases in June, clearing the calendar for the end of their term. Of the cases filed, only two were disciplinary cases.

The judge is the most important role in having a fair and efficient legal system. Properly performed, it requires intelligence, compassion, savvy and patience. All of those attributes may (or may not) deteriorate with age. So, should there be a mandatory retirement age for judges, like there is for airline pilots?

Much as I like to vary topics in my monthly column, the recent Wisconsin Supreme Court election presents too much fodder for comment and is too important to simply let it go.

Much as I like to vary topics in my monthly column, the recent Wisconsin Supreme Court election presents too much fodder for comment and is too important to simply let it go.

There are frequent reminders for lawyers in Continuing Legal Education (CLE) programs and articles on the importance of civility among adversaries. Civility, like all good lessons, should flow from the top down, as children learn from their parents. In law, that means civility starts with the judges and court commissioners.

For the last several years, I have noted the dwindling number of family law cases decided by the appellate courts. Last year set a new record low – there were zero family law cases decided by the Wisconsin Supreme Court.