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David Ziemer

Jun 16, 2008

Presumptuous request

The State DOJ has asked the State Bar of Wisconsin to write an amicus brief defending Wisconsin’s rule prohibiting judges from being members of political parties. That request came in a letter dated June 6. I understand that the DOJ has a tough job in this case. Wisconsin’s rule appears likely to be struck down […]

May 19, 2008

Let’s Be Honest

During her address to the Eastern District of Wisconsin Bar Association last month, Judge Diane S. Sykes related the following anecdote from the Constitutional Convention on the issue of how to choose judges: “As the debate mounted, Dr. Franklin interposed mildly. Only two modes of choosing the judges, he said, had so far been mentioned; […]

May 12, 2008

Inside the Jury Room

As a writer for a legal journal, I’d love to write an inside scoop of what goes on in a jury room. But, alas, every time I’ve been called for jury duty, I managed to get myself removed by one attorney or another with his peremptory strikes. Maybe I shouldn’t have confessed to the prosecutor […]

May 5, 2008

An easier solution

After the 2000 election, in which Bush won the Electoral College, but Gore won more popular votes, some persons dissatisfied with the results called for an end to the electoral college. This week, State Bar President Thomas Basting was displeased with the results of the Bar’s election for President-Elect. Predictably, he proposed a PLAN to […]

Apr 28, 2008

Student Speech

Judge Richard Posner of the Seventh Circuit may or may not write the most well-reasoned opinion in any given case, but it is a pretty sure bet that, among competing opinions, his will be the most eloquent. But in a case issued April 23, the more reserved Judge Ilana Diamond Rovner bests him in both […]

Apr 14, 2008

Election will show Wisconsin lawyers support voluntary bar

The ballots for state bar elections have now arrived. Approximately two-thirds of the state’s attorneys will throw them away, if previous elections provide an accurate forecast of the future. Of those who do vote, a little more than half will vote for one of the bar’s two candidates, and a little less than half will […]

Mar 31, 2008

Power Trip

Yet another group of officious intermeddlers has decided that it has the responsibility to decide what information Wisconsin’s citizens may be permitted to hear during elections. This time it is the Government Accountability Board. http://www.madison.com/wsj/home/local/278844 I wish I could agree with the critics that this board has overstepped its authority. Unfortunately, I think the Legis[...]

Mar 24, 2008

Ruling for defense or prosecution doesn’t matter – application of law is key

Every case heard by any justice or judge is to be decided on its own facts. There is nothing inherently wrong with a justice ruling in favor of criminal defendants 100 percent of the time; there is nothing inherently wrong with a justice ruling in favor of criminal defendants 0 percent of the time. What […]

Mar 17, 2008

Membership in political parties is no big deal

Should judges and judicial candidates be allowed to be members of political parties? Milwaukee County Circuit Court Judge John Siefert is currently suing the State for the right to be a member of the Democratic Party. I’m not an expert, but I think he will ultimately win. And I don’t think that’s a bad thing. […]

Mar 10, 2008

Federal corporate law would be folly

Apparently, there are some misguided folks out there who would like to enact a federal corporate law that would displace the various state laws. Needless to say, folks in Delaware are not too pleased. Actually, I think it would be a wonderful idea… provided, of course, that Congress promptly delegated all authority under their newly […]

Mar 3, 2008

Amendment limits ability to get federal judges as speakers

One of Wisconsin’s U.S. senators, Russell Feingold, is engaged in a mission that borders on demagoguery. Feingold has managed to amend the long-overdue pay raise for federal judges, to include a prohibition on federal judges receiving more than $2,000 in compensation or reimbursement for speaking or attending educational programs, unless it is sponsored by the […]

Feb 18, 2008

Planned Parenthood release misleads about Wisconsin law

Planned Parenthood Advocates of Wisconsin is currently distributing a misleading press release concerning the Wisconsin Statutes. The release states, “Wisconsin also has a Criminal Abortion Statute (Wis. Stat. § 940.04) remaining on its books. If Roe v. Wade were to be overturned under a McCain Administration, Wisconsin physicians who perform abortions could be charged with […]

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