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Year in Review Calendar 2007

By: dmc-admin//January 7, 2008//

Year in Review Calendar 2007

By: dmc-admin//January 7, 2008//

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JANUARY

Judge William McMonigal faces a recall effort by his Green Lake County constituency for his acceptance of a plea agreement involving two Illinois attorneys. The push for a recall election ultimately falls short, as its proponents are unable to collect enough signatures on a petition to get the question on the ballot.

FEBRUARY

Former Deputy Attorney General Burneatta “Burnie” L. Bridge is appointed by Gov. Jim Doyle to the District IV branch of the Wisconsin Court of Appeals, succeeding Judge David G. Deininger.

Seventh Circuit U.S. Court of Appeals Judge Thomas E. Fairchild passes away at the age of 94.

An 18-month study of Wisconsin’s circuit court workload conducted by the National Center for State Courts is released, recommending that the state increase its number of judges by 18 to keep up with rising caseloads.

MARCH

Bayfield County Judge John P. Anderson rules that no action was commenced in a lawsuit filed last November by Wisconsin Attorney General J.B. Van Hollen because the petition was never served. The lawsuit alleged that television ads run during the campaign by the Greater Wisconsin Political Fund and his opponent, attorney Kathleen M. Falk, made false and defamatory statements against Van Hollen about his past service as district attorney in Bayfield County.

The State Bar Board of Governors votes to oppose legislation proposed by Rep. Sheryl K. Albers (R-Reedsburg) in support of a voluntary bar, restricting the Supreme Court’s ability to impose fees for legal defense of the poor, and opening all high court conferences to the public.

APRIL

Diane S. Diel, a sole practitioner in Milwaukee, is elected president-elect of the State Bar of Wisconsin, defeating opponent William J. Domina. In addition, Milwaukee attorney Gwendolyn G. Connolly is elected treasurer.

In the most expensive race in Wisconsin Supreme Court history, Washington County Judge Annette K. Ziegler defeats Madison attorney Linda M. Clifford in their bid to replace retiring Justice Jon P. Wilcox. In addition, Judge Edward R. Brunner is elected to the District III branch of the Wisconsin Court of Appeals.

MAY

Thomas J. Basting Sr. is sworn is as 52nd State Bar of Wisconsin president by Chief Justice Shirley S. Abrahamson at the association’s annual convention in Milwaukee, succeeding Steven A. Levine of Madison.

Judge Richard S. Brown is appointed chief judge of the Wisconsin Court of Appeals, succeeding Judge R. Thomas Cane.

Manitowoc County Circuit Court Judge Patrick Willis denies a motion by Steven Avery for a new trial. After a high-profile, five-week trial in March, a jury convicted Avery of the first degree intentional homicide of photographer Theresa Halbach, In April, Avery’s nephew, 17-year-old Brendan Dassey, likewise is convicted of first degree intentional homicide, second degree sexual assault and mutilating a corpse. As of press time, both cases are under appeal.

JUNE

U.S. District Court for the Eastern District of Wisconsin Judge Rudolph T. Randa announces his intention to take senior status, following 15 years on the federal bench and 17 years of additional judicial service.

Attorney David A. Westrup is sworn in as president of the Milwaukee Bar Association, while attorney Marta T. Meyers assumes presidency of the Dane County Bar Association. The two lead the state’s largest local bar associations.

JULY

Numerous significant revisions to the Professional Rules of Conduct for lawyers take effect at the first of the month. Chief among them: Attorneys must provide certain written notifications when entering a relationship with a new client to include the amount of money to be charged, the rate for expenses that the attorney will charge for reimbursement by the client, and the scope of representation.

A federal court jury in the Eastern District of Wisconsin finds Milwaukee Police Officers Jon Bartlett, Daniel Masarik, and Andrew Spengler guilty of violating the civil rights and assaulting Frank Jude Jr. while acting as police officers after a party in 2005. All three were acquitted in a trial in state court in April 2006.

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AUGUST

A Wisconsin Law Journal analysis of the decisions of the most recently concluded term of the Wisconsin Supreme Court finds that, for the third year in a row, Justice N. Patrick Crooks was the justice most likely to be in the majority, making him the court’s swing vote.

Racine County Circuit Court Judge Gerald P. Ptacek is unanimously elected “chief of the chiefs” by the Wisconsin Committee of Chief Judges.

SEPTEMBER

Sun Prairie attorney Charlie Schutze announces his entry into the race for the seat on the Wisconsin Supreme Court held by Justice Louis B. Butler Jr. Not long afterward, Burnett County Circuit Court Judge Michael J. Gableman enters the race as well. Schutze eventually withdraws from the race for health reasons on Dec. 28. The general election will be held in April.

Milwaukee native Paul D. Clement is tapped by President Bush to serve as interim U.S. Attorney General after the resignation of Alberto Gonzales in late August.

OCTOBER

U.S. Federal Judge for the Western District of Wisconsin John C. Shabaz announces his intention to seek senior status, but tells Wisconsin Law Journal that he plans to continue to take a full palate of cases.

On Oct. 23, both houses of the state legislature pass a final, 1,600-page budget, which includes initiatives such as state aid for legal services for the indigent, enhanced court interpreter reimbursement and the creation of two new circuit court branches in Kenosha and Juneau Counties. The biggest loss for the courts, however, is the exclusion of $19 million in additional state support for court service payments, which was removed in the State Assembly’s budget in June.

NOVEMBER

Wisconsin Supreme Court Justice Jon P. Wilcox administers the oath of office to Washington County Circuit Court Judge Annette K. Ziegler at her formal investiture at the State Capitol in Madison. Just a week earlier, a three-judg
e special panel of the Wisconsin Court of Appeals held a hearing in a case brought by the Wisconsin Judicial Commission regarding whether Ziegler should have known to recuse herself from 11 cases involving a bank where her husband serves on the board. Ultimately, Ziegler’s colleagues on the high court will have to decide the discipline issue.

Governor Jim Doyle signs Wisconsin Act 28 into law, which establishes new circuit court branches in Green, Dodge, Monroe Barron, Chippewa and St. Croix counties throughout the next three years.

DECEMBER

The U.S. Supreme Court issues three weighty sentencing decisions. First, in Gall v. U.S., the court holds that the deferential abuse-of-discretion standard that the appellate courts apply to sentences within the guidelines also applies to sentences outside the guidelines, regardless of whether they are just outside them or extraordinarily outside them. Second, in Kimbrough v. U.S., the court holds that a district court may deviate from the sentencing guidelines for crack cocaine, based on the disparity between sentences for crack and powder cocaine. Third, in Watson v. U.S., the justices hold that accepting a firearm as payment for controlled substances does not constitute “use” of a firearm in connection with a drug offense.

All seven justices of the Wisconsin Supreme Court call for public financing of high court campaigns as a means of assuring a fair, impartial and non-partisan judiciary.

The Wisconsin Supreme Court votes 4-3 to allow nonresident lawyers to unconditionally apply mandatory continuing legal education credits from their native states toward Wisconsin’s requirements.

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