Note: WJI will continue the "Walker's judges" features for judges appointed by former Gov. Scott Walker who are still on the bench. We also will add information about Gov. Tony Evers' appointees as he makes them.
The information here is taken from the appointees' own judgeship applications.
Name: Daniel J. Gabler
Appointed to: Milwaukee County Circuit Court
Appointment date: Dec. 26, 2018
Law School – Marquette University
Undergrad – Creighton University
High School –Not listed
March 2017-present – Chairman, Wisconsin Parole Commission
1999-2017 – Milwaukee County assistant district attorney
1997-1999 – Compliance officer, Goodwill Industries
1996-1997 – Public affairs manager, Time Warner Cable
Wisconsin Bar Association
Milwaukee Bar Association
Arbitrator, Milwaukee Better Business Bureau
U.S. District Court, Eastern District of Wisconsin
U.S. Court of Appeals for the 7th Circuit
St. Thomas More Society
Gabler, on his resume, lists his accomplishments as a Milwaukee County assistant district attorney.
Legal experience as an advocate in criminal litigation, civil litigation, administrative proceedings: Over 27 years of experience in the legal profession, advocated for the rights and interests of individuals, families, small businesses, community based organizations, municipal governments, witnesses and crime victims through firm but fair advocacy in faithful adherence to the law – ever mindful that what I may want the law to be cannot be my guide. My guide has been the law as written and interpreted by higher courts.
Worked as a Better Business Bureau arbitrator required application of facts consistent with terms of arbitration agreement and the Wisconsin Lemon Law.
No matter how sympathetic the plaintiff / auto owner was, there were times my decisions resulted in disappointment out of my faithfulness to the law.
Most recently was chair of the Wisconsin Parole Commission.
Number of cases tried to verdict or judgment: Jury, more than 100; non-jury, more than 35; arbitration, 10; administrative bodies, More than 2,000 (parole chair).
Cases on appeal: Wrote three appeals briefs in unpublished cases. As clerk to Appeals Judge MIchael T. Sullivan, researched and drafted in part five District I Court of Appeals decisions.
List and describe the three most significant cases in which you were involved: (Gabler listed only two)
State v. Artic, 2006
In this case, I prosecuted Mr. Robert Artic Sr. for Conspiracy to Commit the Crime of Possession with Intent to Deliver Controlled Substance-Cocaine and Keeper of a Drug Place in February 2006 (06 CF 0685). It was a particularly challenging case for the evidence against the defendant was circumstantial. In addition, it was tried before a jury over the course of five days in front of a judge who had just been rotated to the criminal division, having virtually no prior criminal jury trial experience. After presenting numerous police testimony evidence and over 25 exhibits, the jury found Defendant Artic guilty of both counts.
Racine v. Weisflog, 1991
The case resulted in an opinion issued by the Wisconsin Court of Appeals that addressed uncharted parameters of a corporate officer / director’s fiduciary duties to the corporation when a business opportunity presents itself to that officer / director. As a judicial law clerk for the Hon. Michael T Sullivan, I researched, drafted and conferred with other judges on the panel to arrive at a unanimous opinion that has stood the test of time. ...
The Racine v. Weisflog holding was the synthesis of Wisconsin case law together with general principles of corporate law, and legal treatises and commentaries.
By Gretchen Schuldt
The estates of a man and a woman who hung themselves in the Wood County Jail filed lawsuits last week against the county, alleging officials knew the two were at risk of attempting suicide but did nothing to prevent it.
The suicides occurred after the victims were unrepresented by legal counsel during their separate preliminary hearings, held about eight months apart.
Trequelle Vann-Marcouex, 18, hung himself Aug. 15, the night after he was forced to represent himself at a preliminary hearing because there was no defense lawyer available to take the case. Wood County Circuit Judge Todd P. Wolf decided not to wait for the State Public Defender's Office (SPD) to assign a lawyer and did not appoint a lawyer at county expense, which would have been proper procedure.
Vann-Marcouex died Aug. 18.
Casey Teskoski, 28, hung herself Dec. 22, 2017, the day after Wood County Circuit Judge Gregory J. Potter held a preliminary hearing in her case. She also was not represented by a lawyer, according to online court records.
She died Dec. 29, according to the suit.
Potter is the chief judge of the state court system's District VI, which includes Adams, Clark, Columbia, Dodge, Green Lake, Juneau, Marquette, Portage, Sauk, Waushara, and Wood Counties.
The two who died did not have legal representation at their preliminary hearings.
Most serious offenses for inmates in Wisconsin prisons on July 1, 2018
Source: Wisconsin Legislative Fiscal Bureau, Adult Corrections Program
* All types or degrees of the offense.
-H-Includes aggregated assaults, injuries, hit and run, endangering safety, carjacking, and physical abuse of a child.
A few notes on the data:
Not shown on the charts – 4,947 men and 420 women were in prison because their supervision (probation, parole, or extended supervision) was revoked without a new conviction. Some 6,130 men and 386 women were revoked with a new conviction. The Fiscal Bureau has this cautionary note: "Due to date limitations, the number of revocations with no new sentences my be over represented, as further investigations of revocations frequently result in new sentences at a later date."
The number of revocations with new sentences are excluded from cumulative populations because officials "cannot identify whether the type of offense is for the original sentence that led to revocation or the new offense that led to a new sentence."
Join us for an engaging after-work event of beverages and light appetizers at a beautiful Shorewood home.
Featuring speaker State Supreme Court Justice Rebecca Dallet, with insights and reflections regarding her campaign and first several months on the Wisconsin Supreme Court. Come network with others who believe that justice is for all, not only those who can afford to hire attorneys.
Learn what Wisconsin Justice Initiative is doing to advocate for serious reforms and to educate the public about Wisconsin's justice system.
"Justice Matters" event details:
Tuesday, February 26, 2019
2729 E. Capitol Dr., Shorewood
5 p.m. to 7:30 p.m.
$60 General Admission
$25 for public service/nonprofit individuals
Beer, wine, non-alcoholic beverages, and light appetizers will be served
Hosts: Tamar Kelber and Brian Feiges
Click below to register!
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