On Point: 7. Contempt

Attorney Thomas L. Potter v. Circuit Court for Milwaukee County, the Honorable Kori Ashley, Presiding, 2022AP1396-CR, 10/17/23, District I (not eligible for publication); case activity

Although the prosecutor in this case may have conceptualized his decision to defy a court order as an act of civil disobedience necessary to preserve a challenge for appeal, COA disagrees and therefore affirms the circuit court’s order finding him in contempt.

Julie C. Valadez v. Hon. Michael J. Aprahamian, 2021AP994, 2021AP1186, and 2021AP1436; 2/2/22, District 2 (1-judge opinions, ineligible for publication); case activity for 2021AP994, 2021AP1186, and 2021 AP1436 (including briefs)

In a child custody battle, the circuit court found Valadez, pro se, in contempt of court for: (1) sending it ex parte emails after being told not to, (2) repeatedly objecting and asking questions during a hearing, (3) failing to sign a release giving the GAL access to her confidential DHHS records; and (4) failing to stipulate to the release of additional, confidential DHHS records. The court of appeals, rejecting the judge’s claim that he wields inherent contempt powers beyond Chapter 785, reversed 3 of his 4 contempt findings.

State v. Lamondo D. Turrubiates, 2020AP233, 11/23/21, District 3 (one-judge decision; ineligible for publication); case activity (including briefs)

Police arrested Turrubiates and the state charged him with several counts having to do with an alleged assault on his girlfriend. During the arrest police took his phone. The state came to believe the phone might contain evidence of crimes by Turrubiates, and it moved the circuit court to compel him to provide his passcode, despite the fact that it had not yet obtained a warrant to search the phone. See Riley v. California, 573 U.S. 373, 401 (2014). The court ordered Turrbiates to provide the passcode and he refused; it then found him in contempt of court and ordered him jailed until he reveals the code (though it stayed this sanction pending appeal).

State v. Angelina Hansen, 2019AP1105, 7/27/21, District 3 (not recommended for publication); case activity (including briefs)

Hansen’s triplet fourth-graders were in the legal custody of their father; he also had primary physical placement of the children. The family court’s order provided that she was to have “supervised placement only” with certain conditions, for two to four hours per week. One day, Ms. Hansen went to the lunch room of the school the children attended and sat with them while they ate. She said wanted to “hug them and tell them [she] loved them.” The court of appeals now holds that this conduct was an unlawful exercise of “physical placement” over the children, such that Ms. Hansen’s conviction for contempt of the family court order stands.

OLR v. Michael D. Petersen, 2016AP563-D, 12/15/17 (case activity )

I am a crook. I am a cheat. I am a thief. I am a liar. I was convicted of a crime on November 9th, 2015. My conviction resulted from my intentional choice to sell my own clients down the river and then trying to cover it up. You may not hire me or have me legally represent you in any fashion until you read the Criminal Complaint and Judgment of Conviction in my Outagamie County Wisconsin Case No. 15CM878. This disclosure is required as one of the conditions of my probation. Op. ¶34

Do we have your attention?

State v. William A. Wisth, 2016AP1481-CR, 5/24/17, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs)

After Wisth, acting pro se, and the State picked a jury for his criminal case, the judge instructed the jurors “not to discuss the case with anyone.” The next day before trial, Wisch appeared by the public entrance to the courthouse with a sign and a stack of flyers that, in short, said “don’t trust Judge Malloy or Ozaukee County.” He tried to hand a flyer to a woman walking by, but she shook her head. She did not see what the sign or the flyers said. Turns out she was a juror. Uh oh.

United States v. Karenza S. Pickering, 7th Circuit Court of Appeals No. 14-3730, 7/23/15

Because there was no proof—let alone the required proof beyond a reasonable doubt—that Pickering willfully disobeyed a summons for jury duty, her conviction for criminal contempt is reversed.

Michelle L. Steele & State of Wisconsin v. Jason G. Foster, 2014AP1947, District 3, 7/31/15 (one-judge decision; ineligible for publication); case activity (including briefs)

The circuit court’s held Foster in contempt for failing to comply with the court’s child support payment order. While the circuit court’s findings of fact in support of its contempt order were “lacking” (¶19), the record overall supports the contempt order.

Town of Stettin v. Hoeppner, Appeal No. 2103AP1201, 3/11/14, District 3 (1-judge, ineligible for publication); case activity

The Hoeppners found themselves on the wrong side of an action seeking judicial enforcement of certain town ordinances.  When they settled the case, they stipulated to a finding that they were in contempt and to the conditions they had to perform in order to purge the contempt.  Then they failed to purge their contempt,

State v. Mark Peterson, 2013AP1398, 1/29/14, District 2 (1-judge opinion, ineligible for publication); docket

After Peterson served a 120-day jail term imposed for failing to meet the conditions required to purge a contempt finding, he moved for an evidentiary hearing.  His goal was to show that serious errors had occurred at the hearing where the court ordered him to jail. The court of appeals found that since Peterson had already served his sentence,