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Few recent trials have attracted as much attention in the non-legal world than the Brooks trial in Waukesha. 

While a child of 16 years with a car is going to make his or her own decision about placement, do we really want to give a 7 year old that authority?

In 1975, The United States Supreme Court held that a criminal defendant has a constitutional right to waive counsel and self-represent in a criminal case. Faretta v. California, 422 U.S. 806 (1975).  While the trial court has a responsibility to discourage self-representation, it cannot prohibit it. The result can be (and usually is) the circus occurring in the Waukesha trial of the Christmas parade driver Darrell Brooks.

Ten years ago, the average number of cases to report on, between Wisconsin Supreme Court and Court of Appeals (published and citeable unpublished cases) was 15-20 per year. So far this year, there have been zero Supreme Court cases, one published Court of Appeals case and four citeable unpublished Court of Appeals cases.

After 38 years as a family law attorney with Loeb & Herman LLC, I have joined JAMS as a neutral in its Wisconsin office.

The term “judicial activism” is commonly thrown around to disparage judges. It generally is used to accuse courts of being too aggressive or too liberal.  A recent court of appeals decision contains an element which raises an interesting question.

It would be pointless to write a column on the United States legal system and ignore the two significant cases which the court decided this week. One case, New York State Rifle and Pistol Association v. Bruen significantly expanded gun rights by striking down a New York law which restricted the right of New Yorkers to carry handguns in public.

Last month’s column took a look back at the developments in family law for 2021. So, it seems appropriate to dedicate this month’s column to a look ahead to 2022.

My late partner, Leonard Loeb, used to say that every lawyer has at least one case which they think is the cause of most of their headaches and lost sleep. The lawyer thinks “as soon as that case is completed, my life will be so much easier.” But, naturally, as soon as that case does wrap up, there is another one with the same effect on the lawyer.

One of the expected consequences of the COVID epidemic was disputes between parents regarding parenting children.

Nothing in our legal system is more important than judges. Cases proceed (or don’t proceed) and resolve largely on the basis of the individual proclivities of the person wearing the robe. A good judge can make a complex, difficult case into a resolvable one and a bad judge can do the opposite. The judge sets the tone for civility and ...

Some things sound better on paper than they turn out to be in real life.

Last month, I took a look at the Wisconsin Supreme Court decisions in family law in the past year.

Typically, I end a year of columns with a review of the previous year.

Several months ago, my friend, Dr. Ken Waldron, a (semi) retired psychologist from Madison, and I were discussing the importance to children of their divorcing parents peacefully settling their disputes when Ken noted the lack of empirical data on settlement negotiations.

The Wisconsin Supreme Court now has an opportunity to clarify an area of family law which very much needs clarifying.

One of the most common questions clients ask me is: “When do the children get to make the decision as to placement?”

On June 16, the Supreme Court of Wisconsin issued its opinion in Miller v. Carroll, 2020 WI 56, a case involving a judge’s decision to accept a Facebook friend request from a mother in a custody and placement dispute.

My mother used to say that it takes a very ill wind to blow no good.

In the movie “A Marriage Story,” a female lawyer (played by Laura Dern, who won the Academy Award for Best Supporting Actress) is incredibly compassionate toward her client, saying she will move forward with the divorce, “as gently as possible.”

It has been eight years since the Wisconsin Supreme Court accepted a review of a family-law case, other than regarding grandparent visitation.

Although I’m normally not one to bemoan the “good old days” gone by, there are instances in which I do. And given the unprecedented and unusual circumstances surrounding the COVID-19 outbreak as it affects the legal system, one such instance comes to mind.

Recently, a default divorce hearing fell through because the judge in the case had the temerity to ask a party whether she thought the proposed settlement was fair.

Although I consider myself a movie buff, I typically dislike movies about lawyers and the legal system. For example, although Paul Newman (a great actor) was nominated for the Academy Award for playing a lawyer in “The Verdict”, I found the movie irritating (at best). Apparently, the rules against ex parte contact with the court were unknown to the script writers.

After a year of writing this column for the Wisconsin Law Journal, it is time to take a look back at the main issues for the year. This affords me the opportunity of taking another kick at such cats as seem to warrant another kick.

On Jan. 13, 2020, the Wisconsin Supreme Court will hear oral arguments on the question of who can be friends with a judge – at least in the cyber world. The implications of the case may affect the use of ESM (Electronic Social Media) by judges and bring into play the adage “bad facts make bad law”.

The greatest change in the practice of family law in recent years has been the incredibly higher rate of resolution versus settlement.

Among the changes in the practice of family law over the years (and there have been many) none have been as significant as the transition of the practice from litigation focused to settlement focused.

The Wisconsin Supreme Court does not accept many family-law cases (the last one, other than one regarding grandparent visitation, was McReath v. McReath, 2011 WI 66, 335 Wis.2d.643, 789 N.W. 89 eight years ago).

It is rare enough that the Wisconsin Supreme Court decides a family-law case (the last one of any significance was McReath eight years ago) and even more rare when the case involves issues of constitutional law. The court’s recent decision in Michels v. Kelsey, 2019 WI 57 also involves issues of the nature of family in our society and the effect of the legal system on families.