FREE WHITEWATER

Law

Daily Bread for 7.30.24: Another Meritless Challenge to Wisconsin Absentee Voting Dismissed

Good morning.

Tuesday in Whitewater will be mostly sunny with a high of 87. Sunrise is 5:45, and sunset is 8:16, for 14h 30m 58s of daytime. The moon is a waning crescent with 24 percent of its visible disk illuminated.

On this day in 1981, as many as 50,000 demonstrators, mostly women and children, took to the streets in Lodz to protest food ration shortages in Communist Poland.


It’s become a common tactic in Wisconsin (and other states) for a resident to challenge voting rights on narrow procedural grounds. The consequence of this approach is to burden a lawful means of voting until residents are dissuaded from voting by those means. One lawsuit of this kind was dismissed Monday in Circuit Court. Todd Richmond reports Judge dismisses lawsuit challenging absentee voting procedure in battleground Wisconsin:

A Wisconsin judge dismissed a lawsuit Monday that challenged absentee voting procedures, preventing administrative headaches for local election clerks and hundreds of thousands of voters in the politically volatile swing state ahead of fall elections. 

The ruling stems from a lawsuit Thomas Oldenberg, a voter from Amberg, Wisconsin, filed in February. Oldenberg argued that the state Elections Commission hasn’t been following a state law that requires voters who electronically request absentee ballots to place a physical copy of the request in the ballot return envelope. Absentee ballots without the request copy shouldn’t count, he maintained. 

Commission attorneys countered in May that language on the envelope that voters sign indicating they requested the ballot serves as a copy of the request. Making changes now would disrupt long-standing absentee voting procedures on the eve of multiple elections and new envelopes can’t be designed and reprinted in time for the Aug. 13 primary and Nov. 5 general election, the commission maintained.

The case is Oldenburg v. WEC 2024CV43.


Trash-sucking vacuum cleaner robot dog hits Italian beach:

Daily Bread for 7.28.24: When Wisconsin Public Officials Impede Public Accountability

Good morning.

Sunday in Whitewater will see scattered showers with a high of 80. Sunrise is 5:43, and sunset is 8:18, for 14h 35m 15s of daytime. The moon is a waning crescent with 45.3 percent of its visible disk illuminated.

On this day in 1934, Two killed, 40 hurt in Kohler riot; National Guard occupies town:

On this day, the “model industrial village” of Kohler became an armed camp of National Guard cavalrymen after deadly strike-related rioting. The July 27th violence, which killed two Sheboygan men and injured 40 others, prompted the summoning of 250 Guardsmen to join the 200 special deputy village marshals already present. After striking workers became agitated and began to destroy company property, deputies turned to tear gas, rifles, and shotguns to quell the stone-throwing crowd, resulting in the deaths and injuries.

Owner Walter Kohler blamed Communists and outside agitators for the violence, while union leaders blamed Kohler exclusively. Workers at the Kohler plant were demanding better hours, higher wages, and recognition of the American Federation of Labor as their collective bargaining agent. Not settled until 1941, the strike marked the beginning of what was to become a prolonged struggle between the Kohler Company and organized labor in Wisconsin; a second Kohler strike lasted from 1954 to 1965.

On this day in 1996, the remains of a prehistoric man are discovered near Kennewick, Washington. Such remains will be known as the Kennewick Man.


There is a temerity (lit., excessive confidence or boldness) and a perversity (lit., the quality of being contrary to accepted standards and practices) in public officials who fight public accountability. Anya Van Wagtendonk reports Rep. Janel Brandtjen sues state Ethics Commission after campaign finance investigation (‘The complaint aims to fight charges against Brantdjen connected to an alleged 2022 campaign fundraising scheme’):

Republican state Rep. Janel Brandtjen, R-Menomonee Falls, has filed suit against the Wisconsin Ethics Commission in an effort to halt an investigation into her campaign finance activities from two years ago.

The complaint, filed Monday in Waukesha County Circuit Court, argues the commission violated state separation of powers protections when it recommended felony prosecution of Brandtjen.

“WEC is improperly stepping into the shoes of the District Attorney, and the executive branch, in regard to the exercise of prosecutorial discretion,” the lawsuit reads.

In February, the bipartisan state Ethics Commission found cause for charging Brandtjen and others with campaign finance violations tied to a 2022 primary challenge against Assembly Speaker Robin Vos. Investigators alleged that Brandtjen coordinated a scheme to bypass donor limits using county GOP offices and a war chest tied to former President Donald Trump’s campaign.

The commission referred the case to local district attorneys, depending on where the alleged violations took place. Brandtjen’s case was referred to the Waukesha County district attorney who, like the other local prosecutors, declined to press charges. The Ethics Commission then referred the charges to Washington County, according to the complaint, where the local DA also did not prosecute.

That opens the door for the commission to refer the charges up to the state Department of Justice.

Brandtjen holds public office while fighting to prevent a public inquiry. Her suit should be dismissed, and the investigation should proceed. She is no private party; an honest public official would welcome public proceedings.


Jasper National Park:

Daily Bread for 7.24.24: A Slight Break in Wiconsin’s Judicial Gridlock

Good morning.

Wednesday in Whitewater will be partly cloudy with a high of 79. Sunrise is 5:39, and sunset is 8:23, for 14h 43m 26s of daytime. The moon is a waning gibbous with 86.8 percent of its visible disk illuminated.

On this day in 1935, the Dust Bowl heat wave reaches its peak, sending temperatures to 109 °F (43 °C) in Chicago and 104 °F (40 °C) in Milwaukee.

On this day in 1969, Apollo 11 splashes down safely in the Pacific Ocean.


Wisconsin has had a federal court vacancy for over two years, after Sen. Ron Johnson withdrew his bipartisan support (with Sen. Tammy Baldwin) for a prior nominee, William Pocan (brother of U.S. Rep. Mark Pocan). That time having been lost, Johnson has now agreed to support a new nominee, Byron Conway:

Earlier this month, both Republican U.S. Sen. Ron Johnson and Democratic U.S. Sen. Tammy Baldwin turned in what are known as “blue slips,” formalizing their support of President Joe Biden’s appointment of personal injury attorney Byron Conway to U.S. District Court in the Eastern District of Wisconsin. That’s significant because two years ago, Johnson blocked Biden’s previous pick from the judgeship from advancing to a hearing.

Conway’s nomination is set to receive a hearing before the Senate’s Judiciary Committee in “coming weeks,” a spokesperson for the committee’s Democratic majority said Monday. The process will not be affected by Biden’s announcement on Sunday, in which he pulled out of the race for another presidential term, the spokesperson said.

Johnson’s office did not respond Monday to a request for comment.

If Conway gets an OK from the judiciary committee, his nomination will then advance to the full Senate, where he’ll need majority approval before he can become a federal judge.

That’s significant because two years ago, Johnson blocked Biden’s previous pick from the judgeship from advancing to a hearing.

Ron Johnson. Photo by Gage Skidmore from Peoria, AZ, United States of America / (CC BY-SA)

There never should have been a delay, and Johnson’s claim he withdrew support from the prior nominee because of a lack of Green Bay ties (the judicial office for this judgeship is in Green Bay) is both trivial and false. It’s trivial because one correctly selects for the federal bench based on intellect, knowledge, and experience, not membership in local community groups. It’s false because Johnson’s blue-slip retraction was based not on Pocan’s abilities but on irrelevant, unrelated, or discriminatory considerations.

Judicial vacancies impede the timely administration of justice. The sooner the seat is filled, the better.


A hydrothermal explosion sent visitors running from the boardwalk as hot water and debris rained down in Yellowstone National Park:

Daily Bread for 7.19.24: Update on ‘From Judicial Leak to Docket Entries’

Good morning.

Friday in Whitewater will be sunny with a high of 78. Sunrise is 5:34 and sunset 8:27 for 14h 52m 45s of daytime. The moon is a waxing gibbous with 95.8 percent of its visible disk illuminated.

On this day in 1963, Joe Walker flies a North American X-15 to a record altitude of 106,010 meters (347,800 feet) on X-15 Flight 90. Exceeding an altitude of 100 km, this flight qualifies as a human spaceflight under international convention.


On July 3rd, FREE WHITEWATER published a post about the Wisconsin Supreme Court’s decision to take two abortion cases (after news that the court might take at least one case had leaked). See From Judicial Leak to Docket Entries. The Evers Administration filed on 7.17 to intervene in one of these cases (Planned Parenthood).

Henry Redman reports:

Attorney General Josh Kaul, who filed the first case in 2022, said in a statement that the Wisconsin Department of Justice is looking to intervene in the Planned Parenthood case to “help establish that the Wisconsin Constitution protects access to safe and legal abortion and does not permit the state legislature to ban nearly all abortions. The government should not be able to control critical reproductive health decisions.”

The filing argues that the state plaintiffs in the Kaul case should be allowed to intervene because the questions asked “are so closely connected that how each case is litigated or decided could directly impact the other.” It says the Kaul plaintiffs agree with the Planned Parenthood plaintiffs and want the chance to “fully argue why the Wisconsin Constitution would prohibit” a near-total abortion ban.

A link to the filing to intervene appears below:


Swathes of southern Europe bake as temperatures soar:


Daily Bread for 7.9.24: Vos’s Forever War

Good morning.

Tuesday in Whitewater will be cloudy with a high of 80. Sunrise is 5:26 and sunset 8:34 for 15h 09m 03s of daytime. The moon is a waxing crescent with 13 percent of its visible disk illuminated.

Whitewater’s Public Works Committee meets at 5 PM.

On this day in 1943, the Allied invasion of Sicily begins, leading to the downfall of Mussolini and forcing Hitler to break off the Battle of Kursk.


For Speaker Robin Vos, it’s a forever war with the conservative populists: Organizers of recall targeting a top Wisconsin Republican appeal to court. Scott Bauer reports:

MADISON, Wis. (AP) — Organizers of the effort to recall a top Wisconsin Republican have appealed the bipartisan state elections commission’s rejectionof their petitions in court.

Recall organizers filed their appeal in Dane County Circuit Court on Friday, a week after their effort to recall Assembly Speaker Robin Vos effort failed due to officials determining that not enough valid signatures were collected.

It will now be up to the court to decide whether organizers submitted enough valid signatures on time to force a recall election. If successful, Vos would only be removed from office for the remainder of the calendar year. He is running for another two-year term that would begin in January if he wins the November election.

The elections commission determined that signatures collected beyond the 60-day circulation window should not count. The filing deadline was extended by two days due to the Memorial Day holiday, but the commission said that deadline for collecting signatures was not also extended.

Such is Vos’s fate, forever. There’s no Wisconsin public position he could hold that would not meet with controversy from left, center, and right. This is where Vos’s twenty-year career in the Wisconsin Assembly has brought him.

See also Update: WEC Says Not Enough Signatures in the Correct Time for a Recall Against Vos.


KOENIGSEGG Jesko Absolut | 0-400-0 km/h:

Daily Bread for 7.5.24: Wisconsin Supreme Court Restores Absentee Ballot Boxes

Good morning.

Friday in Whitewater will be partly sunny with a chance of scattered afternoon showers and a high of 76. Sunrise is 5:23 and sunset 8:35 for 15h 12m 21s of daytime. The moon is new with 0.2 percent of its visible disk illuminated.

On this day in 1687, Isaac Newton publishes Philosophiæ Naturalis Principia Mathematica.

On this day in 1832, General Atkinson and his troops entered the area known by the Native Americans as “trembling land” in their pursuit of Black Hawk:

The area was some 10 square miles and contained a large bog. Although the land appeared safe, it would undulate or tremble for yards when pressure was applied. Many of the militiamen were on horses, which plunged to their bellies in the swamp. The “trembling lands” forced Atkinson to retrace his steps back toward the Rock River, in the process losing days in his pursuit of Black Hawk.”On this day in 1832, General Atkinson and his troops entered the area known by the Native Americans as “trembling lands” in their pursuit of Black Hawk. The area was some 10 square miles and contained a large bog. Although the land appeared safe, it would undulate or tremble for yards when pressure was applied. Many of the militiamen were on horses, which plunged to their bellies in the swamp. The “trembling lands” forced Atkinson to retrace his steps back toward the Rock River, in the process losing days in his pursuit of Black Hawk.

Whitewater’s Independence Holiday celebration continues today at the Cravath Lakefront:

Christman Family Amusements Wrist Band Session: 5 PM to 9 PM
Civic Organization Food Vendors: 4 PM to 11 PM
Live Music at Frawley Ampitheater: 
Cactus Brothers 5 to 7 PM sponsored by TDS
Titan Fun Key (Whitewater band playing ‘70s rock, funk, and blues) 8 PM to 10:30 PM
Family Day Powered by Generac: Free petting zoo, pony rides, camel rides 4 to 8 PM 


This morning, the Wisconsin Supreme Court issued rulings restoring absentee ballot boxes (Priorities USA v. Wisconsin Elections Commission), holding unconstitutional specific statutes that placed the power of the executive branch to carry out the law in a committee of the legislature (Tony Evers v. Howard Marklein), and reversing a lower-court decision that allowed recommitment and involuntary medication without actual hearing notice to the subject individual (Waukesha County v. M.A.C.).

All three decisions appear below.

Powered By EmbedPress

Powered By EmbedPress

Powered By EmbedPress


Italy’s Mount Etna erupting at night:

Italy’s Mount Etna has erupted again, sending out spouts of lava into the night sky. Europe’s most active volcano has become a destination for tourists and volcano enthusiasts looking to catch a glimpse of its frequent activity.

Daily Bread for 7.3.24: From Judicial Leak to Docket Entries

Good morning.

Wednesday in Whitewater will be partly sunny with a high of 84. Sunrise is 5:22 and sunset 8:36 for 15h 14m 15s of daytime. The moon is a waning gibbous with 6.5 percent of its visible disk illuminated.

This day in 1863 sees the final day of fighting at Gettysburg:

July 3, 1863, is famous for Pickett’s Charge at Gettysburg, when 12,500 Confederate soldiers attacked the Union line. When Union generals were carried from the field wounded, their troops faltered and their line began to break. Lieutenant Frank Haskell of Madison rode into their midst, rallied them back to the fight, and then brought reinforcements that stopped the enemy attack. Iron Brigade General John Gibbon commented afterward, “I have always thought that to him, more than to any one man, are we indebted for the repulse of Lee’s assault.” It turned not only the tide of the battle but, through the Confederate defeat, the momentum of the war.

Whitewater’s Independence Holiday celebration — a signature event in our small & beautiful city, as in many American towns — begins this evening at the Cravath Lakefront:

Christman Family Amusements Wristband Session: 5-9 PM, $25 each wristband
Miss Whitewater Pageant at Frawley Ampitheater: 5 PM
Civic Organization Food Vendors: 5 to 11 PM
Karaoke at Frawley Ampitheater: 8 to 10 PM


On 6.27.24, this libertarian blogger remarked on the leak of a Wisconsin Supreme Court draft scheduling order about an abortion-related case. The leak was one of a few leaks of federal and state judicial proceedings on abortion cases. See A Judicial Leak Strikes Wisconsin (as It Has Elsewhere).

Yesterday, that reported leak from WisconsinWatch proved accurate: Henry Redman of the Wisconsin Examiner reports Wisconsin Supreme Court accepts abortion rights cases:

The Wisconsin Supreme Court on Tuesday ruled that it would hear two cases filed by Attorney General Josh Kaul and Planned Parenthood that will determine if Wisconsinites have a right to abortion care. 

The cases, accepted concurrently, ask if the state’s 1849 law widely seen as banning abortion actually does so and if abortion is a right protected by the state Constitution. 

Additionally, the Court ruled that it would not allow the state’s three largest anti-abortion groups to intervene in the lawsuits, finding that just having an interest in a hotly debated issue is not enough to clear the legal bar of joining a lawsuit as a non-party. The groups, Wisconsin Right to Life, Wisconsin Family Action, and Pro-Life Wisconsin, will be allowed to file amicus briefs. 

“Merely propounding a general position on a topic of debate in society, lobbying for that position, or wishing to make legal arguments consistent with that position does not give them a legal claim or defense that is sufficient to support permissive intervention,” the Court’s order states. “Moreover, if we were to permit intervention by the Proposed Intervenors, there would be no logical distinction that would preclude intervention by all of the many other lobbying and education organizations on both sides of the abortion debate.” 

Conservative Justice Brian Hagedorn concurred with the decision to not allow the groups to intervene.

Powered By EmbedPress


Robots Are Stepping Into One of Asia’s Dirtiest Farm Jobs:

Daily Bread for 6.28.24: Update: WEC Says Not Enough Signatures in the Correct Time for a Recall Against Vos

Good morning.

Friday in Whitewater will see clouds and scattered showers with a high of 75. Sunrise is 5:19 and sunset 8:37 for 15h 17m 55s of daytime. The moon is a waning gibbous with 54 percent of its visible disk illuminated.

On this day in 1832, General Henry Atkinson and the Second Army begin their trip into the Wisconsin wilderness in a major effort against Black Hawk. The “Army of the Frontier” was formed of 400 U.S. Army Regulars and 2,100 volunteer militiamen to participate in the Black Hawk War. The troops were headed toward the Lake Koshkonong area where the main camp of the British Band was rumored to be located. 

On this day in 1950, the Korean People’s Army kills almost a thousand doctors, nurses, inpatient civilians, and wounded soldiers in the Seoul National University Hospital massacre.


With the help of a Wisconsin Elections Commission decision, Vos slips away from the rightwing recall effort against him. See from Wednesday Enough Signatures for a Recall Against Vos citing reporting from that time (“Perhaps there will be a recall against Speaker Robin Vos after all. Rich Kremer reports WEC staff: Vos recall organizers submitted enough signatures, but legal question remains“).

The WEC has made its decision, on a 4-2 vote:

For the second time this year, the Wisconsin Elections Commission has ruled conservative activists failed to gather enough valid signatures to recall Republican Assembly Speaker Robin Vos from office, this time finding that some of the signatures were collected after the legal deadline.

In a 4-2 vote, the commission found that 188 signatures were collected by the Racine Recall Committee outside of a 60-day window in state law. That’s despite a recommendation by  commission attorneys two days earlier saying recall organizers had collected enough signatures to force an election.

At issue were around 188 signatures collected on May 27, which was Memorial Day, and May 28. Because organizers gathered only 16 signatures more than required, subtracting 188 from that total sunk the petition.

The motion to deem the recall petition insufficient was made by Commissioner Don Millis, who was appointed to his seat by Vos in 2022.

Before the vote, Commissioner Mark Thomsen, a Democratic appointee, urged his colleagues to vote against Millis’ motion “that saves his guy,” insinuating that Millis was protecting Vos. Thomsen noted that some members of the recall effort “probably want to put us in prison” because of past decisions, but he said the Wisconsin Constitution gives them the right to recall officeholders.

“Personally, I think the recall is a waste of time, waste of money,” Thomsen said. “But there is a constitutional right for these folks and for us to say we are going to throw the sufficiency out now on this technical rule is going to be a farce.”


Rail bridge connecting South Dakota and Iowa collapses in record-breaking floodwaters:

Daily Bread for 6.27.24: A Judicial Leak Strikes Wisconsin (as It Has Elsewhere)

Good morning.

Thursday in Whitewater will be partly sunny with a high of 75. Sunrise is 5:18 and sunset 8:37 for 15h 18m 28s of daytime. The moon is a waning gibbous with 65.1 percent of its visible disk illuminated.

On this day in 1837, the Milwaukee Sentinel, the oldest newspaper in the state, is founded as a weekly publication by Solomon Juneau, who also was Milwaukee’s first mayor. 


No one takes the risk of divulging unimportant judicial decisions. Federally and now in Wisconsin, three abortion-related court opinions or orders have been divulged beforehand in the last 25 months.

Federally, Politico reported in May 2022 that the Supreme Court has voted to overturn abortion rights, draft opinion shows (the decision was handed down in June 2022). Bloomberg reported on Tuesday that the Supreme Court is Poised to Allow Emergency Abortions in Idaho. (That decision was handed down today.)

In our state, we now have a leak about whether the Wisconsin Supreme Court will hear an abortion-rights case. WisconsinWatch reported on Wednesday that the Wisconsin Supreme Court will hear high-profile abortion rights case, draft order shows.

There’s some talk that abortion and reproductive issues won’t matter much in the fall. On the contrary, the issue has mattered before Dobbs and has now heightened political and legal importance since Dobbs. It is so important, in fact, that the long-held practice of confidentiality of key decisions has waned in these matters, all involving the extent of reproductive rights.

Judicial confidentiality has waned (regrettably) because these questions are so significant to so many (understandably). Legal importance won’t fade as political importance between now and November.


Pillars of Creation in 3D created from Webb and Hubble Space Telescope data:

Daily Bread for 6.26.24: Enough Signatures for a Recall Against Vos

Good morning.

Wednesday in Whitewater will become partly sunny in the afternoon with a high of 82. Sunrise is 5:18 and sunset 8:37 for 15h 18m 56s of daytime. The moon is a waning gibbous with 75.5 percent of its visible disk illuminated.

On this day in 1974, the Universal Product Code is scanned at a retail store for the first time to sell a package of Wrigley’s chewing gum at the Marsh Supermarket in Troy, Ohio.


Perhaps there will be a recall against Speaker Robin Vos after all. Rich Kremer reports WEC staff: Vos recall organizers submitted enough signatures, but legal question remains (“Because Wisconsin Supreme Court declared old legislative districts unconstitutional, whether Vos can be recalled in his old district ‘remains an unresolved legal question’ “)

The recall organizers have enough signatures:

Recall organizer Matthew Snorek said he submitted more than 9,000 signatures to the WEC on May 28. After an initial review, WEC staff determined that organizers turned in 6,866 valid signatures from residents in Vos’ old 63rd Assembly District. 

In order to trigger a recall election organizers needed 6,850 signatures, which equates to 25 percent of the number of people who voted in that district during the last election for governor. According to the WEC staff memo, they cleared that mark by just 16 signatures.

The legal question:

But whether Vos can even be recalled from the 63rd Assembly District “remains an unresolved legal question” according to the WEC staff memo. That’s because the Wisconsin Supreme Court’s liberal majority declared in December that maps drawn by Republicans in 2022 were unconstitutional, ruling that no future elections could be held using those districts. That includes Vos’ old 63rd Assembly District. 

The WEC asked the court to clarify whether the old maps or new maps passed by Republicans and signed by Democratic Gov. Tony Evers in February should be used for potential recall elections. Justices declined that request in April, stating the commission, not the court, has the responsibility for administering elections. 

While the Wisconsin Elections Commission may see this as an ‘unresolved legal question,’ the Wisconsin Supreme Court does not. The WEC has a decision to make. They can turn to past Wisconsin Supreme Court orders (Clarke v. WEC, 2023 WI 79; No. 2023AP1399-OA Clarke v. Wisconsin Elections Commission), but it is the WEC that will have to decide.

Speaker Vos has incited opposition from all quarters. In his political maneuvering, Vos is like a man who, over many years, carelessly scattered banana peels on the floor, only to find that he’s now unsure which way safely to turn.


Metro station floods in China’s Changsha city:

Severe flooding caused by heavy rainfall inundated streets and infrastructure in central China’s Hunan province on Monday (June 24), eyewitness footage shared on social media showed. Reuters was able to confirm the location and the date of the footage.

Daily Bread for 6.23.24: In Wisconsin, Even a Felony Conviction Wouldn’t Lead to Automatic Suspension or Disbarment for former Dane County Judge Jim Troupis

Good morning.

Sunday will be partly cloudy with a high of 76. Sunrise is 5:17 and sunset 8:37 for 15h 19m 58s of daytime. The moon is a waning gibbous with 97.4 percent of its visible disk illuminated.

On this day in 1911, native John Schwister becomes a pioneer in Wisconsin aviation by flying the state’s first home-built airplane. The plane, named the “Minnesota-Badger,” was constructed of wooden ribs covered with light cotton material. Powered by an early-model aircraft engine, the “Minnesota-Badger” flew several hundred feet and reached a maximum altitude of 20 feet. [Source: Wisconsin Aviation Hall of Fame.]

On this day in 1917, in a game against the Washington SenatorsBoston Red Sox pitcher Ernie Shore retires 26 batters in a row after replacing Babe Ruth, who had been ejected for punching the umpire.


Sarah Lehr offers a primer revealing laxity of Wisconsin’s attorney regulation in Will former Dane County Judge Jim Troupis lose his law license over false elector plot? (Troupis, along with Kenneth Chesebro and Michael Roman, face felony charges in false elector plot):

Felony conviction doesn’t necessarily lead to loss of Wisconsin law license

But, even if he’s found guilty, a felony conviction would not automatically lead to the loss of Troupis’ law license. 

That’s unlike in other states, such as Texas and Maine, where people with felony convictions cannot practice law.

“Not all crimes are created equal and not all result in discipline,” said Stacie Rosenzweig, an attorney who specializes in legal ethics and licensing.

In Wisconsin, attorneys must report to the state’s Office of Legal Regulation and the Wisconsin Supreme Court if they’re convicted of crime, whether that’s a felony or misdemeanor, Rosenzweig said.

That report triggers an investigation from the office. But Rosenzweig said regulators will only pursue disciplinary action if they determine that the crime reflects negatively on someone’s ability to practice law.

Attorney rules prohibit dishonesty, fraud

“Crimes involving dishonesty, misrepresentation fraud — those are always going to reflect aversely to varying degrees,” Rosenzweig said. “Truthfulness is paramount.”

A section of the Wisconsin Supreme Court’s rules of professional conduct bars attorneys from actions “involving dishonesty, fraud, deceit or misrepresentation.”

Those rules apply “24/7,” Rosenzweig said.

“Whether you’re practicing law at the time or not, you’re not allowed to lie or commit fraud,” Rosenzweig said. “So anything like that is going to be looked at.”

The better standard would be to apply an automatic suspension for any attorney convicted of a felony, pending a subsequent disciplinary proceeding (to suspend, disbar, reprimand & restore to practice, or simply restore to practice). The public — clients and potential clients — are best protected when disciplinary actions place them as the group of preeminent concern.

That’s not Wisconsin’s approach, but an approach that does not address the public first and practitioners second disrespects both the public and the practitioner.

See also Troupis’s Suspension (Criminal Defendants Don’t Belong on Judicial Advisory Panels) (describing suspension from an advisory panel, not the practice of law).


How French artist Henri Roche developed his #pastels:

Daily Bread for 6.20.24: Wisconsin Supreme Court Considers Gubernatorial Partial Veto

Good morning.

Thursday, the first day of summer, in Whitewater, will be cloudy with a possibility of afternoon showers and a high of 83. Sunrise is 5:16 and sunset 8:36 for 15h 20m 23s of daytime. The moon is a waxing gibbous with 97.4 percent of its visible disk illuminated.

Whitewater’s Community Development Authority meets at 5:30 PM.

On this day in 1944, the Battle of the Philippine Sea concludes with a decisive U.S. naval victory. The lopsided naval air battle is also known as the “Great Marianas Turkey Shoot.”


Wisconsin governors, since 1930, have had the power to veto legislation in whole or part, and that power has been controversial for nearly as long. Rich Kremer reports High Court To Review Wisconsin’s Nearly-Century-Old Veto Power (‘Business group’s lawsuit challenges Gov. Evers’ partial veto to create 400 years of funding’):

The state’s partial veto dates back to 1930, when concerns about state lawmakers adding multiple appropriation and policy items into what are known as omnibus bills came to a head. The Wisconsin Constitution was amended to give more power to governors to reject those items, one by one.

“Appropriation bills may be approved in whole or in part by the governor, and the part approved shall become law,” the new amendment read.

According to a study by the Wisconsin Legislative Reference Bureau, proponents believed governors needed a check on the new budgeting process. But opponents worried giving governors more veto authority extended the already broad powers of the executive branch.

When he was campaigning for governor, Philip La Follette said the proposal to expand veto powers “smack[ed] of dictatorship.” The amendment was approved by around 62 percent of voters in 1930, and after he was elected, La Follette became the first governor to use it.

Nine times, the Wisconsin Supreme Court has heard challenges to the partial veto. The case now pending before the Wisconsin Supreme Court will make it an even 10.

This tenth challenge is over Evers’s use of the partial veto power:

Evers’ partial veto last summer caught the Republican-controlled Legislature by surprise. By crossing out a 20 and a dash before he signed the state’s two-year budget, Evers authorized school districts to collect additional property taxes to fund a $325 per-pupil increase for more than 400 years. The Legislature intended the increase to expire in two years.

Republican lawmakers were outraged. The GOP-controlled Wisconsin Senate voted to override Evers’ veto, but the Assembly never followed suit.

The challenge the Wisconsin Supreme Court agreed to hear Monday, which was brought by the business lobbying group Wisconsin Manufacturers and Commerce, alleges Evers’ veto violates the state’s constitution. The first legal briefs are due by July 16.

Evers’s expansion of the legislative funding until 2425 was unexpected (and I’d argue that expansion goes too far). And yet, and yet, his actions are a clever expression (and send-up) of political gamesmanship. I don’t know Evers’s childhood reading and viewing habits. Still, his partial veto suggests someone who enjoyed the irony and satire of Mad magazine or has a Bugs-Bunny-level cleverness.

(Bugs is, possibly, one of the sharpest Americans ever. In my household, to trick someone playfully, to pull something clever over on someone, is to ‘Bugs Bunny‘ that person. Evers certainly Bugs Bunny-ed the legislative majority with his partial veto.)

Bugs Bunny’s first on-screen appearance in A Wild Hare. Fair Use.

Japanese salamanders can live up to 80 years:

The aptly named Japanese giant salamander can grow up to five feet long and weigh over 50 pounds. But despite its primitive look, this amphibian is highly evolved. When it detects a threat, it excretes a pungent ooze that smells like a pepper. If left alone, the salamanders can live up to 80 years, but pollution and over-collection are threatening this fascinating creature. This is the Japanese giant salamander.

Daily Bread for 6.13.24: Troupis’s Suspension (Criminal Defendants Don’t Belong on Judicial Advisory Panels)

Good morning.

Thursday in Whitewater will be partly sunny with a high of 86. Sunrise is 5:15 and sunset 8:34 for 15h 19m 01s of daytime. The moon is a waxing crescent with 43.7 percent of its visible disk illuminated.

Whitewater’s Board of Review meets at 4 PM.

On this day in 1777,  Gilbert du Motier, Marquis de Lafayette, lands near Charleston, South Carolina, to help the Continental Congress train its army.


Scott Bauer reports Former Trump attorney in Wisconsin suspended from state judicial ethics panel:

MADISON, Wis. (AP) — The Wisconsin Supreme Court on Tuesday suspended former President Donald Trump’s Wisconsin lawyer from a state judicial ethics panel a week after he was charged with a felony for his role in a 2020 fake electors scheme.

Liberal advocates have been calling for Jim Troupis to step down from the Judicial Conduct Advisory Committee, saying he is unsuitable due to his role advising the Republicans who attempted to cast Wisconsin’s electoral votes for Trump after he lost the 2020 election in the state to Democrat Joe Biden.

Troupis, a former judge, Kenneth Chesebro, another Trump attorney, and former Trump aide Mike Roman were all charged by state Attorney General Josh Kaul last week for their role in the fake electors plot.

Troupis did not return a voicemail or text message seeking comment Tuesday.

The Wisconsin Supreme Court, in its order, notified Troupis and the judicial advisory committee that he was “temporarily suspended” from serving on the panel effective immediately. The court did not give a reason for the suspension. 

(In March 2023, the former conservative majority on the Wisconsin Supreme Court reappointed Troupis to a second term despite awareness and objections at the time of his role in the fraudulent electors’ scheme. There was no requirement in 2023 that he be reappointed, and as there were many other suitable candidates for appointment, he should not have been given a second term.)

Now, almost a year and a half later, it should not — and among the ethically-minded people has not been — merely the center-left demanding Troupis’s suspension. Pending the outcome of criminal proceedings against him, he is unsuited to serve actively on the advisory committee. Should he be convicted, he is unsuited to remain a member.

The Wisconsin Supreme Court did not state a reason for Troupis’s suspension, as they might have, but then again, the reason should be apparent.


A glass that builds and heals itself:

Daily Bread for 6.5.24: Wisconsin Attorney General Files Criminal Charges over Fraudulent Presidential Elector Scheme

Good morning.

Wednesday in Whitewater will see partly sunny afternoon conditions with a high of 77. Sunrise is 5:16 and sunset 8:30 for 15h 13m 29s of daytime. The moon is a waning crescent with 1.1 percent of its visible disk illuminated.

On this day in 1883, William Horlick patents the first powdered milk in the world. He named his new product, intended to be used as a health food for infants, “Malted Milk.” Horlick’s product went on to be used as a staple in fountain drinks as well as survival provisions. Malted milk was even included in explorations undertaken by Robert Peary, Roald Amundsen, and Richard Byrd.

On this day in 1944, more than 1,000 British bombers drop 5,000 tons of bombs on German gun batteries on the Normandy coast in preparation for D-Day.


Yesterday, Attorney General Josh Kaul filed felony charges against three, two of whom are attorneys, for a fraudulent presidential electors plot. Anya Van Wagtendonk and Sarah Lehr report Wisconsin AG files felony charges against Trump allies involved in 2020 false electors scheme (‘Attorneys Kenneth Chesebro and Jim Troupis, political operative Michael Roman each face 1 count of felony forgery’):

Wisconsin’s attorney general filed felony charges Tuesday against three people in connection with a 2020 scheme to submit a slate of false electors in support of former President Donald Trump.

Attorneys Kenneth Chesebro and Jim Troupis, as well as political operative Michael Roman, each face one count of felony forgery for their roles in the scheme, which involved signing official-looking documentation claiming that Trump won Wisconsin in 2020, even though he had narrowly lost. 

The Class H felony charges were filed Tuesday morning by Attorney General Josh Kaul in Dane County Circuit Court. They use a state law suggesting that Chesebro, Troupis and Roman acted knowingly when they worked to collect and submit the false elector documentation.

….

Chesebro is considered the architect of the plot, which extended to multiple swing states Trump had lost, in the days following the 2020 presidential election. In a memo he sent to Troupis, who was then the lead attorney for the Trump campaign in Wisconsin, Chesebro laid out a strategy to use “alternate” electors to contest the election results. 

Chesebro and Troupis recently settled a civil lawsuit related to their actions in Wisconsin. As part of that agreement, the two men admitted no “liability or culpability,” but said they would not submit false electors in the future. 

Powered By EmbedPress

See also Wisconsin Native Kenneth Chesebro’s January 6th Instigation and Wisconsin & Arizona Investigations into Fraudulent 2020 Presidential Electors.


This cow is the most expensive ever sold at auction: