WE RESPOND TO YOUR NEEDS 414-271-1440
Recent Blog Posts
Do Witnesses Have to Raise Their Right Hand While Giving an Oath?
By: Kenneth Baker
Joseph Jakubowski, notorious in Wisconsin last year for his 161-page handwritten manifesto he sent to President Trump, was in Rock County circuit court on January 28th on charges of burglary while arming himself, theft, and possession of burglary tools. In the course of the proceedings, he was barred from testifying as a witness in his own case because he refused to raise his right hand while being sworn in. While he promised to tell the truth, he nevertheless refused to raise his right hand. The trial judge thus barred him from giving testimony in front of a jury. This raises serious questions that could lead to an appeal; the main question being - is there an affirmative rule that forces witnesses to raise their right hands prior to giving testimony in court?
What about when the president or any federal officer is being sworn in to duty? What are the requirements that must be met? There is no constitutional requirement for any federal official—firefighter, ambassador, or President—to take the oath of office over a particular text or, in fact, over any text at all. President Theodore Roosevelt did not use a bible when he was sworn into office in 1901. Both John Quincy Adams and Franklin Pierce swore on a book of law with the intention that they were swearing on the constitution. In 1973, Henry Kissinger swore on a Hebrew bible while being sworn in as secretary of state. In 2006, Keith Ellison swore on Thomas Jefferson’s English translated copy of the Koran while being sworn in as America’s first ever Muslim congressman. In 2014, Suzi LeVine swore on an Amazon Kindle tablet showing the bible while being sworn in as Ambassador to Liechtenstein and Switzerland. It is clear that the use of a bible is not a requirement but is often the book that is used in swearing in ceremonies, less so in courtrooms.
3 Things to Consider When Negotiating a Divorce Settlement
When married couples decide to divorce in Wisconsin, a variety of legal requirements must be met to finalize the dissolution of marriage. While many of the outstanding issues that must be resolved can be settled in court through litigation, spouses are more often able to reach an agreement through negotiation or mediation.
As spouses work to negotiate a settlement in their divorce, they must be sure they understand and address the following issues:
1. Division of assets and debts - Wisconsin is a community property state, which means that the property a couple owns and the debts they are responsible for will be divided equally between the spouses during divorce. However, this division can become complicated, especially when considering factors such as the value of different types of property (including real estate, investment and retirement accounts, and closely held businesses), the tax consequences of property division, the spouses’ earning ability, and the value of assets that are not considered communal property. Spouses should take steps to fully understand the implications of the decisions made regarding the division of property, thus making sure that they will have the financial resources needed following divorce.
Possible New State Regulations for Carbon Monoxide Detection
Carbon monoxide is a common by-product of combustion, and it is produced by automobile engines, fireplaces, stoves, grills, and furnaces. Unfortunately, this colorless, odorless gas is a serious threat to public safety. Across the United States, more than 500 people are killed and 10,000 people are injured by carbon monoxide poisoning every year.
In order to address the dangers of carbon monoxide, the Wisconsin Assembly recently introduced a bill which would change the requirements for carbon monoxide detectors in residential buildings. Owners of commercial real estate should be sure they understand these possible changes and are prepared to meet these requirements if the bill passes.
Updated Carbon Monoxide Detection Requirements
Determining Child Support When a Parent is Voluntarily Unemployed
Whether married, unmarried, or divorced, parents are legally obligated to provide financial support for their children. Parents must ensure that their children have the resources needed on a day-to-day basis, including food, shelter, clothing, and other basic requirements.
Child support is based on the income that a parent earns, and it is typically paid by a non-custodial parent to a custodial parent. When parents experience an increase or decrease in the amount of income they earn, they should be sure to understand how these changes will affect their child support obligations.
Wisconsin Child Support Calculations
Wisconsin uses a “percentage of income” standard to determine child support payment amounts. A paying parent’s child support obligation is calculated using a percentage of his or her gross income that is based on the number of children being supported. The following percentages are used to determine Wisconsin child support payments:
Young Parents and the Importance of Establishing Paternity
All children have the right to receive support from both of their parents. When a child is born to unmarried parents, however, it is thus necessary to legally establish the child’s paternity. Doing so allows a child’s custodial parent to receive financial support from the other parent and provides both parents with rights to share in custody and visitation of their children. Moreover, the establishment of paternity gives children rights to inherit their parent’s assets, to access family health history, and to receive insurance or Social Security benefits.
In many cases, establishing paternity is a straightforward process. However, when one or both parents are under the age of 18, complications can arise.
Establishing Paternity for Minor Parents
Can the US Government Regulate Bitcoin and Other Cryptocurrencies?
By: Kenneth Baker & Jason Luczak
If you haven’t heard of Bitcoin by now, you haven’t been paying attention. Bitcoin and other cryptocurrencies such as Litecoin, Ethereum, and Ripple have dominated headlines for the past six months. Cryptocurrencies are digital assets designed to work as a medium of exchange that uses cryptography to secure its transactions, to control the creation of additional units, and to verify the transfer of assets. What does that mean? Basically, it is a computer generated asset that is capable of being bought and sold. There is a finite number of Bitcoins, which creates demand, and therefore creates value for the crypto-asset. The Blockchain is what secures the cryptocurrency. Blockchain technology is a public ledger that tracks Bitcoin transactions. Every second, millions of people are buying and selling Bitcoin. Every transaction has a specific transaction code and is part of the Bitcoin Blockchain. This procedure creates a record of authenticity that is verifiable by a user community, increasing transparency and reducing fraud. This is where miners come in.
How an Attorney Can Assist With Residential Transactions and Offers to Purchase Real Estate in Wisconsin
Whether you are selling your home, or thinking about buying a new home, you should consult with an experienced Wisconsin real estate attorney before you sign a residential offer to purchase. When a buyer makes an offer to purchase a home, and the seller accepts the offer, both parties typically sign a residential offer to purchase. The offer to purchase then becomes an enforceable contract. As a contract, the offer to purchase is the key document that governs the real estate transaction. Both parties are bound by its terms as they work towards completing home sale or purchase.
In order to ensure that the offer to purchase protects the parties’ rights and interests, and details the parties’ intentions, it is essential to consult with an attorney who can advise you and draft the offer to purchase in your favor. Some considerations for the offer to purchase include:
Common Car Accidents Caused By Winter Weather
Winter in the Midwest brings bitter cold and a great deal of snow and ice. While these conditions are often seen as an inconvenience, they can have a major impact on roadway safety. Every year, winter car accidents lead to more than 1,300 deaths and 116,000 injuries across the United States. People should be aware of the potential for accidents that can result from the following causes.
Slippery Roads
Snow and ice on the road can create a major hazard for drivers, affecting their ability to slow down, stop properly, and negotiate turns and hills. “Black ice,” which results when a thin layer of water freezes on the road, can be especially dangerous, since it is difficult to recognize and can lead to a complete loss of control of a driver’s vehicle.
Compensation for People Who Have Been Wrongfully Imprisoned
When a person is accused of a crime in the United States, he or she is presumed innocent until proven guilty—our legal system is meant to protect the innocent. However, all too often, miscarriages of justice occur, and people are convicted of crimes they did not commit.
When someone is wrongfully imprisoned and he or she is later exonerated, the individual deserves to be compensated for the time he or she was incarcerated. Unfortunately, the amount of compensation that exonerees are eligible to receive is often inadequate.
Compensation for Exonerees in Wisconsin
Under current Wisconsin law, a person who was convicted of a crime and served a prison sentence but was later found to be innocent can petition the state claims board for relief. However, the amount of compensation he or she can receive is limited to $5,000 per year of imprisonment and a total of $25,000. This statutory compensation cap is the lowest of any state in the United States.
Proposed Wisconsin Legislation Will Expand Texting While Driving Law
By: Kenneth John Anthony Baker
In August, the Wisconsin Assembly proposed new legislation that will expand on current texting while driving laws. Under current law, it is illegal for a person to engage in certain activities while driving a motor vehicle. One of the activities prohibited by the inattentive driving statute is driving any motor vehicle “while composing or sending an electronic text message. This prohibition on texting and emailing while driving does not apply to operators of emergency vehicles and hands-free devices. The authors of the bill list three main reasons the bill is necessary:
- Data distracted driving is a serious problem;
- Wisconsin law needs an update to keep pace with smart phone technology; and
- Wisconsin’s penalties are now out of step with neighboring states.
