Judging Friday’s SCOWIS Decisions

On Friday, the Wisconsin Supreme Court released two opinions that reflect the court’s new jurisprudential direction. Allow me to focus on the opinion with a much greater discussion of jurisprudence. (The other is State v. Wood, a due process challenge to forced administration of medication in a state-administered facility to a person who had been found not guilty of a crime by reason of mental disease or defect.)

In State v. Smith, the Supreme Court upheld the state’s sex offender registration law for crimes which, in the particular instance, did not have an obvious sexual component. Smith had been convicted of false imprisonment of a minor, which is one of the crimes leading to sex offender registration. Smith brought as-applied equal protection and substantive due process challenges because his act of false imprisonment had no sexual motive or activity. 

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Strong Week for the Wisconsin Criminal Law System

3L Ron Tusler forwards an important bit of news regarding the Wisconsin criminal justice system:

Governor Doyle recognized on Monday that Wisconsin needs to do more to comply with the Sixth and Fourteenth Amendment.  The Sixth Amendment requires that “in all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defense.”  Gideon v. Wainwright applied the Sixth Amendment to the states as a fundamental due process right.  372 U.S. 335 (1963).  The Gideon Court did not define indigency and the states are free to define it as they will.

Until Governor Doyle signed Senate Bill 263 into law, Wisconsin held an extremely low income threshold set in 1987.  As a student practitioner at the Outagamie County Public Defender’s Office last summer, the state required me to turn down individuals with less than $100 income per month.  Imagine telling someone with so little income that they were too wealthy for help.  That is a message many public defenders must deliver every day.  Imagine how many go on to inadequately represent themselves pro se.  Is that Constitutional?  I doubt the Gideon Court would approve. 

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Water and People Conference

2880829064_eae0f10628On Friday, February 26, 2010, Marquette University Law School (MULS) will hold its annual Public Service Conference at the Alumni Memorial Union on the Marquette University campus on the increasingly important topic of water law.  The conference, entitled “Water and People,” will address water issues in Wisconsin (as well as nationally and internationally), development and the environment, regulation, and water ethics.  Statewide leaders from business, government, and non-profit served on a steering committee that worked with Assistant Dean for Public Service, Dan Idzikowski, and myself (I coordinate the MULS water law program) to plan the conference.  Based on the group’s efforts, experts from Wisconsin, around the United States, and from Canada will gather to talk about some of the most important topics in the field of water law.  The conference will also feature a keynote address by Cameron Davis, senior advisor to the United States EPA Administrator for Great Lakes Restoration.  You can learn more about the conference and register for the conference at http://law.marquette.edu/cgi-bin/site.pl?2130&pageID=4303.

While no blog post can truly capture all that this conference will entail, here is a preview of the panels and topics.

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