Wisconsin
Wisconsin Office of Lawyer Regulation files disciplinary complaint against Gableman • Wisconsin Examiner
The Wisconsin Office of Lawyer Regulation (OLR) filed a disciplinary complaint against former Supreme Court Justice Michael Gableman on Tuesday. In 10 counts, the complaint alleges Gableman violated numerous provisions of the Wisconsin Rules of Professional Conduct for Attorneys during and after his much-maligned investigation of the 2020 election.
Among the allegations, Gableman is accused of failing to “provide competent representation” and to “abstain from all offensive personality” and of violating attorney-client privilege.
The OLR investigation into Gableman was initiated after a grievance was filed by voting rights focused firm Law Forward. In a statement, Law Forward president Jeff Mandell said the organization would continue to hold people accountable for undermining faith in the state’s election system.
“Gableman misused taxpayer funds, promoted baseless conspiracy theories, and engaged in improper intimidation tactics; his efforts undermined the integrity of our electoral system,” Mandell said. “Law Forward is committed to ensuring accountability for those who undermine the public’s trust in our elections, and we will continue to pursue legal action to hold others who impugn elections responsible for their actions, ensuring that they face consequences for any misconduct that threatens the freedom to vote. Our work is far from finished, and we are dedicated to securing a future where elections remain fair, transparent, and free from interference.”
The first two counts against Gableman involve statements and actions he took after filing subpoenas against the mayors and city clerks of the cities of Green Bay and Madison. The complaint alleges that Gableman mischaracterized discussions he had with the lawyers for both cities, communicated with Green Bay’s city attorney when the city had obtained outside counsel in the matter, lied to Green Bay city officials about the work of his investigation and mischaracterized those actions when he filed a petition with a Waukesha County Circuit Court attempting to have the mayors of both cities arrested for not complying with his subpoenas.
The third count alleges that Gableman made false statements in his testimony to the Assembly Committee on Campaigns and Elections when he accused officials at the Wisconsin Elections Commission, as well as the mayors of Green Bay and Madison, of “hiring high-priced lawyers” to conduct an “organized cover-up.”
Gableman – Complaint
“Gableman did not characterize his assertions as opinions,” the complaint states. “He presented them as objective, proven facts. His assertions were public accusations of improper, possibly unlawful activity by Mayors Rhodes-Conway and Genrich. Gableman had no tangible, verifiable, objective, persuasive evidence to support his assertions. Gableman’s accusations caused serious reputational damage to the public officials involved. He publicly sought to jail the mayors of Madison and Green Bay, despite all they and their attorneys had done to comply with Gableman’s subpoenas.”
The fourth through seventh counts against Gableman involve actions and statements he made during open records litigation involving his investigation by the public interest organization American Oversight.
Those counts allege that Gableman’s statements while on the witness stand, in open court during a recess and to the news media after a hearing about his investigation’s failure to provide records constituted demeaning statements about a judge and opposing counsel and displayed a “lack of competence” in following the state’s open records and records retention laws by destroying records and failing to comply with American Oversight’s records requests.
Count eight alleges that Gableman used his contract with the Wisconsin Assembly and Speaker Robin Vos to pursue his own interests, including by stating multiple times he had to “pressure” Vos into continuing the investigation that dragged on for months after it was supposed to end.
The complaint states that Gableman was paid a total of $117,395.95 during the investigation and the Assembly paid $2,344,808.94 for the investigation, including $1,816,932.26 for hiring outside counsel in multiple instances of litigation initiated during the review.
“Before signing the contract, Gableman did not tell Vos that he did not agree with the objectives Vos had outlined, the time frame for submitting the final report, or the compensation to be paid to him,” the complaint states. “Gableman also did not tell Vos that he intended to enlist public support to pressure Vos to change the objectives of the investigation, increase the budget, or expand the time frame.”
The ninth count in the complaint alleges that by supporting a failed effort to recall Vos, and making various public statements at rallies and in the media about his discussions with Vos and Vos’ staff, Gableman violated his duty of confidentiality with his client, the Assembly.
The final count alleges that Gableman lied in an affidavit to the OLR submitted during its investigation into his conduct. Gableman stated in the affidavit that at no time during his investigation was he “engaged in the practice of law.” However the complaint includes excerpts from a number of the agreements he signed with the Assembly that served as contracts for “legal services,” lists the instances during the investigation in which he gave legal advice to the Assembly and the times he made court filings as an attorney during the investigation.
The complaint states that he made “multiple demonstrably false statements” in the affidavit in which he was attempting to show he had not violated the state code of conduct, itself a violation of the code.
OLR complaints are heard by the state Supreme Court. The office said it doesn’t comment on pending litigation.
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Wisconsin
President of Wisconsin’s largest mosque released from ICE custody
A federal judge has ordered the release of the president of Wisconsin’s largest mosque, after finding that immigration officials probably detained him in retaliation against his public advocacy for Palestinian rights, suppressing his first amendment rights in the process.
The US district judge James Patrick Hanlon’s order on Thursday marked a sharp rebuke against Trump officials, including the secretary of state, Marco Rubio, who had tried to paint Salah Sarsour as a national security threat.
“Salah Sarsour, who has lived in this country for more than three decades and served as a core pillar in his community without any issues, should never have been detained in the first place,” his legal team wrote in a statement. “While we continue to fight these baseless claims in court, today is about celebrating a family being reunited. It is also a sober reminder that, if the government can target Mr Sarsour, everyone’s free speech rights are at risk.”
Sarsour describes himself as a stateless Palestinian, according to the order. Immigration and Customs Enforcement (ICE) says that he is a Jordanian citizen. He has lived in the United States for more than three decades, becoming a legal permanent resident in 1998. Immigration officials approved Sarsour’s citizenship application decades ago, though he did not naturalize.
Sarsour has garnered public attention as a champion for Palestinian rights, and serves as a board member of an advocacy group called American Muslims for Palestine.
But Rubio personally signed off on a memo to the DHS last year describing Sarsour as deportable despite his green card, because “his actions undermine US foreign policy to combat antisemitism around the world”. The memo, cited in Hanlon’s order, accuses Sarsour’s group of being “found to have been involved in activities providing funds to Hamas”.
A group of plainclothes ICE officers from at least 10 unmarked vehicles swarmed Sarsour on 30 March of this year, arresting him and putting him in deportation proceedings. ICE ultimately detained him in Clay county jail in Indiana.
Sarsour lost 30lb while detained, the order says. His lawyers told the court that he was “at constant risk of developing serious complications from diabetes given that the medical staff only checks his blood-sugar levels once a month”. Tightly controlling diabetes typically requires multiple glucose checks daily.
Hanlon’s order says that homeland security officials and Rubio probably trampled on Sarsour’s first amendment right to free speech and appeared to have arrested him in retaliation for his Palestinian rights advocacy.
The order cited a New York Times story and the website for the Heritage Foundation, the conservative thinktank that dreamed up Project 2025,
The Heritage Foundation presented the White House with the idea to present prominent foreign-born Muslims and Palestinian rights leaders as terrorists in order to sue them, deport them or pressure employers to fire them, the order says, citing reporting from the Times and Heritage’s own website. Sarsour was probably among the targets of that campaign, the order says.
The federal government, through its lawyers, contended that Sarsour should be deported based on two convictions from more than three decades ago in Israel – one for throwing a molotov cocktail and the other for attempting to store weapons and ammunition.
Sarsour denies having committed those crimes.
But Hanlon viewed those crimes as a non-issue for justifying his incarceration, noting that the federal government knew about them since the 1990s and approved his legal permanent residency and his citizenship application anyway.
Sarsour’s speech on Palestinian rights “is core political speech and squarely within the scope of the First Amendment”, the order says. “Mr Sarsour has submitted evidence allowing a reasonable inference that his protected speech was ‘at least a motivating factor’ in Respondents’ decision to detain him.”
A spokesperson for homeland security described Sarsour as a “terrorist”, citing the convictions from his youth in Israel.
Government lawyers had argued that Sarsour did not have the same first amendment rights as US citizens. If he were released, they said, he should have to pay a $25,000 bond, wear an ankle monitor, check in routinely with ICE and remain confined to his house.
Instead, Hanlon ordered his release on personal recognizance, meaning that Sarsour does not have to pay a cash bond to compel him to show up in court again. The order, however, requires him to remain in the state of Wisconsin.
Wisconsin
Couple asks Wisconsin Supreme Court to hear Brewers 50-50 raffle prize dispute
(WLUK) – A couple challenging the decision not to award them a 50-50 raffle prize at a Milwaukee Brewers game asked the Wisconsin Supreme Court to take the case, calling it one of “statewide importance.”
Matthew and Annette Flynn purchased ten raffle tickets at the July 7, 2023, game, and held the winning number which was originally selected for $13,000. According to court records, the raffle rules in effect at the time required the winning ticket holder to claim the prize at a designated 50-50 table by the end of the top of the seventh inning. Flynn said she did not see the winning number displayed or hear it announced and was directed by stadium personnel to another location before making her way to the claim table. Officials determined she did not arrive before the deadline and selected a new winning ticket.
The Flynns sued, but the circuit and appeals courts ruled the raffle’s rules gave the foundation sole discretion to determine the official winner and that the rules clearly stated a participant who failed to claim the prize within the specified time would be disqualified.
In a petition to the Wisconsin Supreme Court filed Wednesday, the Flynn’s asked the high court to take the case, saying the decision “affects not only the parties to this action but potentially every Wisconsin resident who participates in charitable raffles and similar gaming activities.”
“This case presents significant questions concerning contractual discretion, discovery, judicial review of charitable gaming decisions, and the treatment of digital evidence within Wisconsin’s appellate system. For these reasons, Petitioners respectfully request that this Court grant review of the decision of the Court of Appeals,” the petition states.
The high court does not have to take the case. At some point, it will vote on if to take it. If it does, a months-long process to review the issues will begin. If it does not, the appeals court ruling would stand.
According to the rules posted on the Milwaukee Brewers’ website, the deadline to claim the prize is no longer during the game the tickets were purchased.
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“The Participant in possession of the Raffle ticket with the potential winning number may claim the Prize at the 50/50 Table located on the Loge (2nd) level concourse behind Sections 216/217 until such time as the Ballpark officially closes to fans after the end of the game. If the Participant in possession of the Raffle ticket with the potential winning number does not claim the Prize by the time the Ballpark closes to fans after the end of the game, that Participant may still claim the Prize within thirty (30) days after the conclusion of the Raffle Period for the respective baseball game by contacting the Raffle hotline (414-902-4334). A Prize that is not claimed within thirty (30) days after the conclusion of the Raffle Period will be awarded in compliance with applicable regulations,” the site states.
Wisconsin
Wisconsin DOJ probes fatal shooting by Oneida County officer
ONEIDA COUNTY, Wis. (WFRV) — The Wisconsin DOJ is investigating an officer-involved death that occurred on the morning of June 17 in the town of Lake Tomahawk.
According to a press release, around 10:30 a.m., two Oneida officers arrived at Lumen Lake Drive to arrest a subject in a felony investigation.
Upon contact with the officers, the subject brandished and shot a firearm. One officer shot the subject in return.
EMS pronounced the subject dead on the scene. No members of law enforcement or the public were injured.
Both officers will be placed on administrative assignment, per the agency’s policy.
WFRV will update this story as needed.
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