Contempt Against Attorney

Listen to this article

WI Court of Appeals – District I

Case Name: Attorney Thomas L. Potter v. Circuit Court for Milwaukee County

Case No.: 2022AP001396-CR

Officials: Dugan, J.

Focus: Contempt Against Attorney

Thomas L. Potter appeals from an order of the circuit court, the Honorable Kori Ashley presiding, summarily finding him in contempt of court for violating the court’s order that the victim witnesses, Donald and Frank, “are to be instructed that they are not allowed in the courtroom during opening statement, and then during any part of the trial until they have testified.” The day after the circuit court issued the order, Potter advised the court that he had sent an email to Donald advising him of the court’s order, but invited him to attend the opening statements and other portions of the case because he believed the court’s order “to be inconsistent with Wisconsin law, and wish[ed] to have it reviewed by an appellate court.” Potter then stated that he realized “that by sending this email I have put myself in defiance of the [c]ourt’s order, and I did that intentionally with the understanding that the [c]ourt would appropriately find me to be in contempt of that order.” The circuit court then found that Potter was in contempt of the court’s order and imposed a $500 fine on Potter.

The appeals court concludes that because an appellate court may conclude that the issue of whether the circuit court erroneously excluded the victims from the courtroom during the trial may involve an exception to the general rule that appellate courts do not consider moot issues, a direct appeal of the circuit court’s sequestration order would constitute a meaningful opportunity for the victims or the government attorney, here Potter, for review of that order.

Affirmed.

Decided 10/17/23

Full Text