The State Bar of Wisconsin has adopted a policy favoring one-sixteen year term for Wisconsin Supreme Court Justices. This will require an amendment to the Wisconsin Constitution which can only be accomplished through a voter referendum. Here’s the most recent Wisconsin Bar post to members on the topic:
The spring/summer edition of Superior Alumni included an article about my new practice. If you haven’t read the hard copy, here’s the article at the UW-Superior website.
Johanna R Kirk
I will be closing the office at noon on Thursday, August 21st, remaining closed all of Friday, August 23, 2014. Regular hours will resume on Monday, August 25, 2014. Thanks for your understanding!
Johanna R Kirk
After an amazing week cruising Lake Superior and Lake Michigan on the Edgar B. Speer I am back in the office. Thank you all for your patience while I was out!
Johanna R Kirk
Due to staffing issues, Kirk Law Office will be closed August 4-8, 2014.
The weather is hot and humid outside. Let’s spend some time thinking about colder weather and activities. There are only 101 days until November 22, 2014 – Opening Day for whitetail rifle hunters. For those of you who are regular hunters you will want to know about some changes in hunting regulations. Perhaps the biggest change you are going to see is a complete re-organization of deer management units. Gone are the numbered units so many of us grew up. The state now has four hunting zones that are designed to better match county boundaries.
The new zones reflect hunting opportunities. A new crossbow specific license is available with crossbow season matching archery season. Antlerless tags are not going to issued for free in the northern half of Wisconsin but are available for purchase. The free, statewide, antlerless tag that you used to get with your license will NOT be issued this year. A final big change that you should watch for is alternative registration options. The DNR is moving towards phone, internet and smart phone registrations. Some hunters will be asked to voluntarily participate in alternative registration methods.
For more information about the changes to management units, seasons, and licensing requirements, visit the DNR website. The site has some helpful Q&A’s. It also contains a very informative twenty minute video. A brochure about changes can be found here: DeerRuleChanges2014.
People who know me well know that I am more of a snow bunny than a beach bum. I’ll take a wind chill advisory over a heat index warning. On a day like today when the heat index is hitting the area of 90 degrees, I find my inner calm by thinking about a snowy morning in a deer stand. For the 2014 season, that means knowing about the changes to regulations, seasons, licenses, and registration options.
Johanna R. Kirk; Kirk Law Office, LLC. Superior, WI
In working with school districts and municipalities the question about access to public records comes up on a regular basis. Wisconsin law defines public records and the process for requesting them as well as the obligations of a public agency to provide access to the records. The law also sets out exceptions for items that do not have to be disclosed. In today’s era of e-mails, text messages and social media, the definition of a “public record” is not as clear as it used to be. Based on prior court decisions, it is known that e-mails generated in a public office, for public purpose, are public records. Wisconsin’s Court of Appeals recently addressed the question of whether the identity of an e-mail sender or recipient is a “public record” or whether it is excluded as personal information or information that could identify a specific person.
The Court ruled that the identity of a sender or recipient is public record and must be disclosed. The League of Wisconsin Municipalities summarizes the case well. The case involved a request for e-mails sent to and from State Senator Erpenbach. Erpanbach’s office redacted all the “to” and “from” information claiming that it was personal, that disclosure would expose people to harassment, disclosure would have a chilling effect, the information was protected by the first amendment, and that senders or recipients expected their identity would be protected when communicating with lawmakers. The Court rejected all these arguments and sent the case back to the circuit court level with an instruction that the e-mails shall be disclosed with the sender/recipient disclosed.
Johanna R Kirk; Kirk Law Office
The State Bar of Wisconsin has published a helpful guide on fireworks laws. Having once told a county sheriff’s deputy, “Yes sir, we’re all done lighting them now,” I suggest you read it!
The full article can be found here:
Highlights from the article:
“I think we all realize that there is a significant amount of use of fireworks without a permit,” said Kelly McKnight, district attorney for Ashland County in northern Wisconsin.
“Perhaps law enforcement simply has bigger fish to fry on July 4 than illegal firecrackers and bottle rockets,” McKnight said. “I’m not trying to minimize the illegality of fireworks without a permit. I just know from experience that July 4 and the surrounding days can be a pretty busy time for law enforcement, and I doubt illegal fireworks top the list.”
Under section 167.10, certain July 4 novelties are not considered “fireworks” and anyone can use or possess them. No permit is required.
In general, a device is illegal, without a permit, if it explodes or is propelled into the air.
Fireworks can only be sold to individuals who have valid permits. However, in-state firework vendors can also sell fireworks to nonresidents who don’t have a permit to buy, so long as the fireworks are packaged and shipped outside the state.
Illegal sales are subject to a $1,000 fine.
However, if an Indian tribe has its own firework ordinance, state firework regulations cannot be enforced on tribal lands unless exceptional circumstances exist.
Have a happy Fourth everyone, and be safe!
Johanna R Kirk
Sorry folks, but I’m heading out of town again. This time, to Lake Geneva, Wisconsin for the Wisconsin State Bar Annual Meeting & Conference. I will be attending business meetings for State Bar groups that I volunteer with. I also will be presenting with a panel, “Law Firm Boot Camp: A Practical Guide to Hanging Your Own Shingle.”
Weather forecasts have Lake Geneva in the mid-70’s this week. And sunny. Enjoy the fog, I’ll be back in the office on Friday!
Johanna R Kirk; Kirk Law Office, LLC; 1418 Tower Avenue Suite #6; Superior, WI 54880 (715) 718-2424
Wisconsin Lawyers Mutual Insurance Company (WILMIC) provides professional liability insurance to attorneys of Wisconsin. Their 2013 Annual Report to Policyholders featured Kirk Law Office,
A full copy of the Annual Report and article can be found here: AnnualReport-1.
Thank you, WILMIC, for all that you have done, and continue to do, to make my life easier!
Johanna
