Never a dull legal moment in 2024

By Attorney Gregg Herman
January 17, 2025

Never a dull legal moment in 2024

Happy New Year! As usual, I’ll start the new year with a review of my columns from last year – some more controversial than others.

By far, the most scandalous was my column that juries are an unreliable means of getting to the truth in a contested trial. In the column, I quoted my felony team captain from my (initial) days as an assistant district attorney, Jon Peter Gennrich: “If a decision has to be made whether to have major surgery, who would you want to make it? Twelve strangers, chosen off the streets, with no experience in medicine, and whose information to decide was strictly limited by arcane rules — or a panel of surgeons who were educated and experienced with that type of surgery, with full familiarity with all aspects of the situation?” Comments on the article ranged from grudging agreement to amazement that I have the temerity (or lack of common sense) to make my opinion public.

In two different articles, I agreed with Chief Justice Annette Ziegler that Wisconsin disciplinary rules should allow the Supreme Court the option of a permanent revocation of an attorney’s license to practice law. Presently, a lawyer whose license has been revoked can request reinstatement after five years. A true revocation would be a type of “truth in sentencing” to the general public.

Speaking of Chief Justice Ziegler, she created an Attorney Retention and Recruitment Committee to consider the severe problem of finding lawyers to accept appointments to represent criminal defendants. To provide some hard data, I kept track of a typical period in Milwaukee County Preliminary Hearing court. Over a random seven-day period, there were 33 preliminary hearings, 28 waivers, and 146 cases adjourned due to no lawyer having been appointed by the Public Defender’s Office in time for the hearing. The result is delay of cases and increased cost to taxpayers. I wish the Committee godspeed and lots of wisdom.

Continuing with offering the Supreme Court “un-asked” (and probably ignored) advice, they heard oral argument in Morway v. Morway, 2013AP1614, a case that gives them the opportunity to make an easily followed rule to determine when an order is final for purposes of appeal. The court can permanently resolve a thorny issue by simply ruling that a final order must say so. Or, it’s not final.

Finally, my last column of the year was a memorial to Judge Frederick P. Kessler, who died on Nov. 12, 2024. Judge Kessler was the first judge before whom I ever appeared – and maybe the best. I hope that my columns, intended to educate, inspire and, yes, entertain, do justice to his memory.

So there you have it: 2024, proving once again that the legal profession in Wisconsin is never dull! May the coming year bring solutions or at least progress in some of the items I’ve mentioned above. And may it bring you personally peace and good fortune.

Attorney Gregg Herman is a founding partner of Loeb & Herman, LLC in Milwaukee, WI. He practices family law exclusively, and can be reached via e-mail or by calling (414) 272-5632.