Wisconsin Supreme Court to hear cases in Port Washington Oct. 15

Madison, Wisconsin - September 13, 2021

The Wisconsin Supreme Court will hear oral argument in two cases at the historic Ozaukee County courthouse in Port Washington on Friday, Oct. 15, as part of the Court's Justice on Wheels outreach and education program.

Justice on Wheels gives students, teachers, and the general public an opportunity to observe the Supreme Court at work without having to travel to Madison, where oral argument is normally held at the State Capitol. Ozaukee will be the 31st county outside Dane where the Court has held oral argument since Justice on Wheels began in 1993.

During oral argument, lawyers present their strongest legal reasons why the Court should decide a case in their client's favor. Justices have an opportunity to respond or ask questions directly of the lawyers during carefully timed presentations.

As part of the program, an attorney member of the Ozaukee County Bar Association will briefly meet with students and others to explain a bit about judicial process and the issues involved in each case. The Supreme Court accepts for review only cases that present novel legal questions of statewide importance.

Attorney introductions are scheduled to begin at 9:30 a.m. and 10:45 a.m., with argument scheduled at 9:45 a.m. and 11 a.m., respectively. The hearings will be held in the county board room at the Ozaukee County Administration Center (old courthouse), 121 West Main St., Port Washington. Oral arguments are scheduled to be streamed live on the WisconsinEye Public Affairs Network. (See the calendar and brief description of cases below).

Seating to observe an argument is free and open to the public. However, space is limited. Registration is recommended and may be made by e-mail to Stephanie Blumenthal, stephanie.blumenthal@wicourts.gov, by Oct. 1. Area high school teachers and students are encouraged to attend. For more information, contact Ms. Blumenthal at (608) 266-1298.

Individuals who have been exposed within 10 days to someone who has COVID-19, or individuals who are experiencing symptoms consistent with COVID-19 (including fever or chills, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, newly presenting loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, diarrhea), are asked to not attend. Health safety precautions may also be in place at the facility.

Also as part of Justice on Wheels, the Court sponsors a civics education contest designed to help local fifth graders learn about the Wisconsin and U.S. constitutions. For rules and information on how to submit projects in the form of an essay, video, artwork or music, contact Susan K. Gray, Judicial Assistant to Chief Justice Annette Kingsland Ziegler at: susan.gray@wicourts.gov

Educational materials for teachers, students, and others interested in learning about the judicial branch of government can be found on the Wisconsin court system website at: www.wicourts.gov/courts/resources/index.htm

Since 1993, the Wisconsin Supreme Court has held arguments in the following counties: Brown, Eau Claire, Marathon, Milwaukee, La Crosse, Douglas, Rock, Kenosha, Sauk, Dodge, Oneida, Outagamie, Portage, Racine, Fond du Lac, Walworth, Waushara, St. Croix, Winnebago, Iowa, Washington, Columbia, Green, Sheboygan, Waukesha, Grant, Bayfield, Jefferson, Monroe and Marquette.

Oral arguments scheduled to be heard Oct. 15 in the county board room at the Ozaukee County Administration Center (old courthouse), 121 West Main St., Port Washington:

9:45 a.m.
2020AP1058-CR State v. Clark
Supreme Court case type:  Bypass
Court of Appeals:  District III
Circuit Court:  Ashland County, Judge John P. Anderson
Long caption: State of Wisconsin, Plaintiff-Appellant-Petitioner, v. Teresa L. Clark, Defendant-Respondent

Issues presented:      

  1. Does the burden shift to the State when a defendant collaterally attacking a prior conviction does not point to evidence that shows that the circuit court failed to inform her of the right to counsel but merely alleges that the court failed to do so?
  2. Did Clark prove that her right to counsel was violated in her prior cases?

11 a.m.
2019AP1671 Cree Inc. v. LIRC
Supreme Court case type:  Petition for Review
Court of Appeals:  District II
Circuit Court:  Racine County, Judge Michael J. Piontek, reversed
Long caption:  Cree, Inc., Petitioner-Respondent-Petitioner, v. Labor and Industry Review Commission, Respondent-Co-Appellant, Derrick Palmer, Respondent-Appellant

Issues presented:      

    1. Whether the Labor and Industry Review Commission ("LIRC") and the Court of Appeals erred in their interpretation and application of the Wisconsin Fair Employment Act's ("WFEA") substantial relationship test when they found that there was not a substantial relationship between Derrick Palmer's ("Palmer") multiple convictions for assaulting and battering women and the employment he sought at Cree, through which he would have regular, unsupervised interaction with women.
    2. Whether LIRC and the Court of Appeals erred in disregarding the uncontested testimony of Cree's fact and expert witnesses concerning the nature of the position to which Palmer applied and the substantial relationship between his numerous domestic violence convictions and the potential for violence against those with whom he would interact if employed at Cree.

Tom Sheehan
Court Information Officer
(608) 261-6640

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