News

Some seating is still available for teachers, students and the public to observe oral argument before the Wisconsin Supreme Court at the Jefferson County Courthouse on Sept. 20.

The Court will hold argument in three cases in Jefferson as part of the Justice on Wheels outreach program. Jefferson is the 28th county outside Dane County where the Supreme Court has held argument since the Justice on Wheels program began in 1993.

Argument in each case is expected to last about an hour, with attorney-provided introductions starting at approximately 9:15 a.m., 10:45 a.m. and 1:45 p.m. Room is still available for the 10:45 a.m. and 1:45 p.m. time slots.

During oral argument, lawyers present the strong legal reasons for the Court to decide in their client’s favor. Justices have an opportunity to respond or ask questions directly of the lawyers during carefully timed presentations.

Before each argument, local attorneys from the Jefferson County Bar Association will introduce the audience to some of the legal issues, the process used to decide a case, and the role of the courts in interpreting the law. Only cases that present novel legal questions of statewide importance are accepted for Supreme Court review.

Seats to watch the Court’s hearings are free and open to the public. Reservations are recommended and may be made by calling the Court at (608) 266-1298 or e-mailing Sara Foster, sara.foster@wicourts.gov. Cases will be heard in Branch 2 of the Jefferson County Courthouse, 311 S. Center Ave., Jefferson.

Prior to hearing the cases, at 8:45 a.m., the Court will open its visit with a welcome ceremony attended by local judges, other officials and community leaders. Awards will also be presented for a fifth-grade essay contest.

A brief description of each case to be heard is listed below. Additional information is available on the Wisconsin court system’s website at www.wicourts.gov/supreme/sc_oralargs.jsp. Educational materials for teachers, students and others who are 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.

9:30 a.m.
15AP1610-CR State v. Ginger M. Breitzman
Supreme Court case type: Petition for Review
Court of Appeals: District I
Circuit Court: Milwaukee County, Judge Rebecca F. Dallet, affirmed
Issues presented: This case examines whether the First Amendment precludes a disorderly conduct charge for profane statements from one family member to another within the home and whether the circumstances presented here would support a claim of ineffective assistance of counsel for not making such an argument at trial court.

11 a.m.
2015AP583 Movrich v. Lobermeier
Supreme Court case type: Petition for Review
Court of Appeals: District III (District I judges)
Circuit Court: Price County, Judge Patrick J. Madden, affirmed
Issues presented: This case, involving a dispute among siblings and neighbors over the installation of a pier, examines the state’s Public Trust Doctrine. The Supreme Court reviews three issues:

• Does the doctrine allow the respondent upland lot owners (Movriches) to install a dock onto or over a portion of the Sailor Creek Flowage bed, the record title to which bed is privately owned in fee by the petitioners (Lobermeiers), not by the state of Wisconsin in trust, as in instances of a natural lake?
• Does the doctrine allow the respondent upland lot owners (Movriches) to directly access the water of the Sailor Creek Flowage from their upland lot where the record title to the flowage bed is privately owned in fee by petitioners (Lobermeiers), not by the state of Wisconsin in trust, as in instances of a natural lake?
• Does the doctrine, in addition to bestowing the public with various recreational rights to and uses of navigable water, also effect the transfer of private property interests in instances of privately owned flowage bed?

2 p.m.
2016AP173-CR State v. Grandberry
Supreme Court case type: Petition for Review
Court of Appeals: District I
Circuit Court: Milwaukee County, Judge Janet C. Protasiewicz, affirmed
Issues presented: This case examines laws related to the concealed carry and transport of weapons. The Supreme Court reviews:

• As a matter of law, is there sufficient evidence to convict a person for carrying a concealed weapon (CCW), contrary to Wis. Stat. § 941.23, if the firearm is being transported in a vehicle in full compliance with the safe transport statute, Wis. Stat. § 167.31?
• Is the CCW statute void for vagueness as applied to a person like Brian Grandberry who transports a firearm in a vehicle in full compliance with the safe transport statute?

Contact:
Tom Sheehan
Court Information Officer
(608) 261-6640