There are frequent reminders for lawyers in Continuing Legal Education (CLE) programs and articles on the importance of civility among adversaries. Civility, like all good lessons, should flow from the top down, as children learn from their parents. In law, that means civility starts with the judges and court commissioners.
For the last several years, I have noted the dwindling number of family law cases decided by the appellate courts. Last year set a new record low – there were zero family law cases decided by the Wisconsin Supreme Court.
On Jan. 19, the Wisconsin Assembly gave a final approval to a proposed constitutional amendment that would, they claim, make it more difficult for violent criminals to get out of jail on bail. The proposal will go before voters where it will undoubtedly be ratified in the April 4 election.
One of my favorite columns is to review family law cases and legislation from the prior year. It gives me yet another opportunity to express my thoughts on the good and the bad that occurred. Fortunately for me as a columnist, there was enough bad to make this column (hopefully) somewhat entertaining as “good” tends to be boring. So here goes:
One of the ugly parts of our legal system is the politics of electing judges. With an election for a Supreme Court justice in 2023, the ugliness has gotten an early start.
On Nov. 6, the United States Supreme Court heard oral arguments in Brackeen v. Haaland, a case which presented numerous constitutional and legislative issues regarding the Indian Child Welfare Act or ICWA.
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?
Without question, the biggest change in family law in my years of practice is the trend to settle cases rather than litigate. What was once routine has become rare.
After 38 years as a family law attorney with Loeb & Herman LLC, I have joined JAMS as a neutral in its Wisconsin office.
