On Point: G. Sanctions

Wisconsin supreme court decision

Public reprimand for: “over-litigating” small claims case; taking position adverse to clients’ interest; pursuing frivolous argument; “making a baseless statement” about opposing counsel/party.

Seven-plus years ago, counsel assumed representation of two debtors trying to get out of a $491.36 bill for medical services. The dust from the ensuing litigation volcano settles today around an obligation that totals north of $20,000 — almost (but not all) from counsel’s pocket.

court of appeals decision (1-judge; ineligible for publication)

Sanctions – Defendant’s Failure to Appear – Default Judgment
Court not empowered to enter default judgment in civil claim where defendant appears by counsel but not in person; odd discussion of “puerile” “tactic of some traffic defense lawyers to make the government prove identity without the defendant being in the courtroom.”

• Failure to Object/Seek Admissibility;
• Guilty Pleas/Plea Bargains;
• Jury Instructions;
• Jury Selection;
• Sentencing;
• Prejudice;
• Litigating IAC Claims;
• IAC and Interest of Justice;
• Sanctions;
• Malpractice Claim

court of appeals decision

Inadequate Appendix to Appellate Brief
¶5 n. 1:

 We note that neither Russell’s nor Buske’s appellate counsel properly cite to the record. Record cites are often missing. An appellate court is improperly burdened where briefs fail to consistently and accurately cite to the record. Meyer v. Fronimades, 2 Wis. 2d 89, 93-94, 86 N.W.2d 25 (1957). Even more troubling is that both appellate counsel failed to include in the appendix all “the findings or opinion[s] of the circuit court … including oral or written rulings or decisions showing the circuit court’s reasoning regarding those issues,” as required by Wis.

Bettendorf v. St. Croix County, 2008 WI App 97

Issue/Holding: An appellate “brief contain(ing) a collection of attacks against [opposing counsel] that are nothing more than unfounded, mean-spirited slurs” subjects its author to ethical sanction:

¶17      “A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers and public officials.” (Emphasis added.) Preamble, SCR ch. 20 (2005-06).

State v. Philip R. Bons, 2007 WI App 124, PFR filed 4/24/07
Issue/Holding:

¶23      Applying the plain language of the rule, Gorokhovsky’s certification of compliance is false. His appendix contains only a copy of the judgment of conviction, the notice of motion and motion to suppress, and the notice of intent to pursue postconviction relief. How these documents in any way inform this court about the trial court’s determinations “essential to an understanding of the issues raised,” we do not know.

State v. Juan F. Milanes, 2006 WI App 259, PFR filed 12/7/06For Milanes: Joan M. Boyd

Issue/Holding:

¶21      … Further, appellate counsel cited an unpublished case in her opening brief, contrary to Wis. Stat. Rule 809.23(3). This does not appear to be inadvertent, since the citation ends with the parenthetical “(unpublished).” Our supreme court has reasoned that the rule against citing unpublished cases is essential to the reduction of the overwhelming number of published opinions and is a necessary adjunct to economical appellate court administration.

State v. John S. Cooper, 2003 WI App 227, PFR filed 11/14/03
For Cooper: John A. Birdsall
Issue/Holding:

¶23. As a final matter, this court notes with dismay the multiple citations to unpublished opinions contained in Cooper’s appellate brief. The Rules of Appellate Procedure proscribe as follows:

Unpublished opinions not cited. An unpublished opinion is of no precedential value and for this reason may not be cited in any court of this state as precedent or authority,