Appeals court upholds bench trial without lawyer

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A Milwaukee County court was correct when it allowed a bench trial to proceed when the defendant lacked counsel, according to a ruling from the Wisconsin Court of Appeals District I.

The circuit court and appeals court both ruled that the defendant, Will Sherard of Morocco Investments, had sufficient time to secure another attorney after his withdrew from the case. Morocco was sued by Ruthie Freeman after she slipped on ice outside of her apartment on Feb. 10, 2022.

According to court records, Morocco initially hired an attorney who withdrew from the case on Oct. 11, 2022, due to a breakdown in communication with Sherard. After several delays, Morocco appeared without counsel at a pretrial conference and was granted additional time to secure representation.

Morocco hired attorney David J. Lang on April 26, 2023, to take on the case but he withdrew after a hostile altercation with Shepard at his office on Sept. 28 that resulted with police being called to escort Sherard from the building. Lang asked to withdraw from the case on Oct. 2, indicating he feared for his safety and the safety of his staff. The trial court granted Lang’s motion on Oct. 20.

The bench trial was held Nov. 13, with Morocco appearing without counsel. The judge issued a judgment in Freeman’s favor. Morocco appealed the decision saying the trial court erred in allowing Lang to withdraw shortly before the trial, arguing that the trial should have been delayed or Lang should have been forced to continue his representation.

The appeals court said Sherard was aware of the potential withdraw after the Sept. 28 incident and had ample time to secure new representation before the trial date.

“There can be no dispute that Attorney Lang had justifiable cause to withdraw when Sherard became belligerent and hostile to the point that police had to escort Sherard out of Attorney Lang’s office,” the appeals court wrote. “Rather, the issue here revolves around whether Morocco had reasonable notice and opportunity to obtain substitute counsel.  We conclude that Morocco had both reasonable notice and an opportunity to obtain substitute counsel.”

At the hearing when Lang asked to be removed from the case, Sherard said he was surprised of the decision. Lange testified at the hearing that he hold Sherard that he would withdraw as counsel following the incident at his office. The trial court ruled, which the appeals court confirmed, that Sherard should have realized Lang was going to ask to withdraw from the case, giving him ample time to find another attorney.

“We discern no erroneous exercise of the trial court’s discretion in establishing whether Morocco had reasonable notice of Attorney Lang’s motion to withdraw,” the appeals court said.