The Wisconsin Office of Lawyer Regulation is accusing Michael Gableman of lying to the public, his former client and the agency in a complaint that knocked the former justice’s behavior during a review of the 2020 election.
The 75-page complaint asked the state Supreme Court to sanction Gableman for 10 alleged violations of the state codes for attorney conduct that include disrespecting a Dane County judge and opposing counsel in a hearing over an open records lawsuit against his taxpayer-funded Office of Special Counsel.
The allegations cover much of what was raised in three complaints that have been filed against Gableman over his election review since 2022, including one by two progressive attorneys that accused him of waging “a shambolic, dishonest, and destructive campaign against Wisconsin’s democracy at taxpayer expense and in the guise of a public official.”
Attorney Jeff Mandell, of Law Forward, shared with WisPolitics a letter he received from OLR laying out how the complaint will now proceed. The Supreme Court will appoint a referee to oversee the disciplinary case. If Gableman contests any charges, there will be an evidentiary hearing.
Mandell vowed to continue efforts to hold accountable those who “impugn elections.”
“Gableman misused taxpayer funds, promoted baseless conspiracy theories, and engaged in improper intimidation tactics; his efforts undermined the integrity of our electoral system,” Mandell said.
WisPolitics previously obtained legal bills that showed taxpayers had covered $49,713 for private attorneys to represent Gableman in the “OLR Matter.” The contract was signed by Virginia-based attorney Patrick McSweeney, who said he hadn’t had time to review the full complaint. WisPolitics left a message with McSweeney seeking comment from Gableman.
Tuesday’s complaint was the latest fallout from Gableman’s much-maligned review of the 2020 election. Vos, R-Rochester, hired the former justice in 2021 amid complaints from Donald Trump and his supporters over the election, including a string of baseless claims of widespread fraud.
Vos eventually fired him in August 2022 after the former justice had endorsed his primary opponent and called Gableman “an embarrassment.” Vos, who didn’t return a message Tuesday seeking comment on the complaint, earlier this year told WISN-TV’s “UpFront” that he hoped Gableman would be disbarred.
The complaint tallied more than $2.3 million in costs associated with Gableman’s review, including more than $1.8 million for outside lawyers to litigate various proceedings that emerged from his efforts.
That total doesn’t include the $441,345 that has been awarded to American Oversight attorneys in their successful open records suits against Gableman’s former office.
OLR accused Gabelman of signing his original contract with Vos under false pretenses and later inappropriately detailing conversations with the speaker and his staff, calling it a breach of attorney-client privilege.
Along with endorsing Vos’ 2022 primary challenger, Gableman was heavily involved in the failed effort to recall the speaker earlier this year. During that push, Gableman made public comments that OLR alleged had inappropriately revealed details of his conversations with a client.
The office also accused Gableman of lying to the agency by insisting he didn’t provide legal advice or represent the Assembly in court while serving as special counsel to the chamber under a contract he signed with Vos.
Gableman’s affidavit to the agency insisted no one considered his appointment as special counsel “established a client-lawyer relationship with anyone.” OLR wrote in its complaint the statement contained “multiple demonstrably false statements.” The complaint noted, among other things, that Gableman’s contract with Vos stated it was for “legal representation for the Assembly” and for “legal services.”
The counts include:
Two related to Gableman’s efforts to compel the mayors of Green Bay and Madison to appear at his private, taxpayer-funded office for depositions and to turn over documents. That effort included filing petitions in Waukesha County Circuit Court seeking to have the mayors jailed if they didn’t comply with the subpoena. OLR accused Gableman of including false statements in those petitions, such as falsely accusing the mayors of having failed to appear at a deposition and omitting key information about discussions to comply with the subpoenas.
One that accused Gableman of making numerous false statements while testifying before an Assembly committee in October and December 2021. That includes falsely claiming: he had received little to no cooperation from several cities as he sought information about the election; that they had engaged in a “cover-up” with Elections Commission Administrator Meagan Wolfe; and that various local and state Dem officials had engaged in unlawful activity despite no verifiable evidence to support the assertion.
Three counts related to comments Gableman made during a hearing in a lawsuit filed by the Washington, D.C.-based American Oversight seeking records from the investigation. The complaint accuses Gableman of being disrespectful toward Judge Frank Remington and making false statements about his integrity. It also accuses Gableman of making “false, derogatory, and demeaning public statements about opposing counsel.” During a break in the hearing after he was questioned by attorney Christa Westerberg, a live microphone in the courtroom picked up Gableman saying, “That’s what you were saying, right, Ms. Westerberg? Oh, yes. Why don’t you come right up to the bench, Ms. Westerberg? Why — why don’t you come back into my chambers so you can dictate what …” An attorney interrupted to remind Gableman the microphone was live. In finding Gableman in contempt, Remington called the former justice’s comments misogynistic and criticized him for “sophomoric innuendo.” Remington referred Gableman to OLR for his conduct in the courtroom.
One count for failing to comply with the state’s Open Record Law for his handling of documents collected by the Office of Special Counsel.
One count accusing Gableman of signing the contract with Vos under false pretenses. The original charge called for a report that would be forward looking with recommendations on changes the Legislature could consider to state election laws rather than supporting efforts to overturn the 2020 election results. The complaint cites testimony Gableman gave in a September 2023 California State Bar Court disciplinary hearing against Trump attorney John Eastman in which the former justice testified he didn’t consider the objectives and terms of the original contract as “serious” and planned to use public pressure to persuade Vos to provide more time and resources for the probe.
The complaint noted Gableman had no prior disciplinary history with the Office of Lawyer Regulation. In 2008, the Judicial Commission filed a complaint against Gableman over an ad he ran in his race that year with then-Justice Louis Butler. That complaint accused Gableman of making false representations about Butler because the spot implied Butler helped get a rapist out of prison, allowing him to offend again. Butler served as the man’s public defender and lost a challenge of his conviction. The man committed the second offense after he’d served his sentence.
