As Complaints Pile Up About Gableman's Ethics...

And as calls for him to step aside from cases increase, and as I read the excuses for Gableman's unwillingness to absent himself from cases argued before the Court by lawyers who did not charge him fees for a defense in the ethics case brought over his sleazy attack on former Justice Louis Butler, all I can hear is:

"He found a loophole."

The Journal Sentinel has explained how it came to be that Gableman could accept legal services without paying for them:

In a letter to the court this week responding to a story that mentioned that agreement, the firm more fully described the deal. Michael Best General Counsel Jonathan Margolies wrote that Gableman was required to pay his attorney fees under the arrangement only if he recovered those fees from the state. Since Gableman was not able to recover them, he did not have to pay legal fees to the firm...

The firm represented Gableman from July 2008 to July 2010. In an interview, Margolies declined to describe the value of that work, but other attorneys said it likely was worth tens of thousands of dollars.

Contingency arrangements are common in personal injury cases, where plaintiffs' attorneys receive a percentage of the award if they win a case but get nothing if they lose. But contingency deals are less common when lawyers are defending someone because winning fees is less likely...

Because the Supreme Court split 3-3, Gableman could not argue before the Claims Board that he had prevailed and the state should cover his fees. "Thus, no bill for attorneys' fees was sent and none were paid," Margolies' letter said...

Margolies said the agreement with Gableman was put in writing when the firm was retained, but he declined to release a copy of it...

In addition to the five cases now before the Supreme Court, Michael Best represented a Republican group that wants to change what district maps are used for possible recall elections for the state Senate.

It has brought two cases over the matter. The group recently dropped Michael Best from one of them but not the other, according to online court records.

The Supreme Court has not said what to do with the cases. Changing the maps would give an advantage to Republicans in the recall elections.

Jeremy Levinson, an attorney for Democratic recall groups, said he was considering asking Gableman to step aside in the cases because of Michael Best's role in them.

Levinson, who has represented attorneys and others accused of ethics violations, called Michael Best's contingency arrangement with Gableman peculiar.

"This is inexplicable except as cover to give the guy free legal service," he said.