Gary Sherman

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Gary Sherman
Court Information:
Wisconsin Court of Appeals District IV
Title:   Judge
Position:   District IV
Salary:  $138,000
Appointed by:   Gov. James Doyle
Active:   2010-2020
Preceded by:   Burnie Bridge
Past post:   Wisconsin State Assembly member, 74th District
Past term:   1998-2010
Past post 2:   Attorney in private practice
Past term 2:   1990-2010
Personal History
Born:   5/5/1949
Undergraduate:   University of Wisconsin-Madison, 1970
Law School:   University of Wisconsin Law School, 1973
Military service:   U.S. Air Force
Candidate 2014:
Candidate for:  Wisconsin Court of Appeals District IV
Position:  Seat 1
State:  Wisconsin
Election information 2014:
Incumbent:  Yes
Primary date:  02/18/2014
Election date:  04/01/2014
Election vote:  100%ApprovedA

Gary E. Sherman is a judge for the 4th District of the Wisconsin Court of Appeals. He was appointed by Democratic Governor Jim Doyle effective May 10, 2010.[1][2][3][4] He re-elected to the Wisconsin Court of Appeals District IV in 2014 for a term that will expire in 2020.[5]



See also: Wisconsin judicial elections, 2014
Sherman ran for re-election to the Wisconsin Court of Appeals District IV.
General: He won without opposition in the general election on April 1, 2014.[5]


Sherman graduated with a B.A. degree from the University of Wisconsin-Madison in 1970 and with a J.D. degree from the University of Wisconsin Law School in 1973.[4]

Military service

Sherman was a member of the United States Air Force. He served as legal counsel.


Wisconsin State Assembly

Legislation sponsored in 2009 includes:[7]

  • AB-59 Bicycle and EPAMD requirements eliminated re distance from a parked vehicle and audible signal when passing; opening door of a motor vehicle on a highway without checking traffic first prohibited
  • AB-295 Lodging establishment may permit smoking in certain guest rooms
  • AB-344 Ferry operation after hours to transport arrested person: fee to reimburse law enforcement agency created

Campaign donors

The top five donors to Sherman's 2008 campaign for the Assembly were labor and professional organizations:[8]

  • 1. WI Education Assoc Council $500
  • 2. WI Federation of Nurses & Health Professionals $500
  • 3. North Central States Regional Council of Carpenters $500
  • 4. Northwest United Educators $500
  • 5. WI Laborers District Council $500

Awards and associations

  • 1975-1999: Chief, Port Wing Fire Department
  • 1994-1995: President, Wisconsin Bar Association
  • Member, American Law Institute
  • Member, Post 531- American Legion
  • Member, Post 1998 - American Veterans
  • Member, Democratic Party of Wisconsin
  • Member, Group Insurance Board
  • Member, Port Wing Baseball Club
  • Member, Red Cliff Bar
  • Member, Wisconsin Association of Criminal Defense Lawyers[9]

Notable cases

Judge rules student's vulgar YouTube video protected

     Wisconsin Court of Appeals District IV
Fourth District Court of Appeals Judge Gary Sherman ruled on November 27 that a vulgar YouTube video posted by a 15-year-old student is protected under the First Amendment as free speech.[10] His judgement partly affirms and partly overturns an earlier ruling made at the trial level. The student, identified by court documents as “Kaleb K.” posted the defamatory video about his Spanish teacher at Stevens Point Area High School.[10]

In September 2012, Judge Thomas Flugaur of the Portage County Circuit Court found Kaleb delinquent for disorderly conduct and breaking Wisconsin’s law against abusing a computer communications system.[10][11] The law prohibits the sending of messages meant to “frighten, intimidate or abuse another person with the expectation the target will receive the message."[12] Flugaur stated that the video was one of the most obscene and hate-filled things he’s ever seen.[10] The boy’s attorney, public defender Eileen Hirsch argued that the video was protected under the First Amendment. Hirsch also argued that posting it on YouTube did not constitute sending a message because the boy took measures to ensure his teacher wouldn't see it by telling his friends to keep the video “on the down low and stuff.”[11]

In the appeal, handled for the state by Portage County District Attorney Veronica Fay Isherwood, Judge Gary Sherman overturned the original judgement by ruling that the First Amendment did protect the video.[12] He noted that in the trial court, prosecutors failed to raise the argument that the video was not protected speech due to it's defamatory nature. Therefore, the same argument was invalidated at the appellate level.Cite error: Invalid <ref> tag; name cannot be a simple integer. Use a descriptive title Sherman upheld the original ruling in part by rejecting the boy’s claim that posting a YouTube video does not amount to sending a message. Kaleb had testified at the trial level that his intent in posting his videos to YouTube was “to get lucky and get a bunch of views on a video or something.”[13] Kaleb had used his YouTube username on a project for the teacher who was the subject of the video, told people about the video and posted it on a public forum.[13] Because of this, Sherman concluded that the arguments that Kaleb had taken measures to ensure the teacher did not see the video were without merit.

In light of Sherman’s verdict, Hirsch questioned how the court could issue a split ruling, arguing the boy can’t be prosecuted if the video is protected speech. She stated that she hasn't spoken with the boy about taking further action with the case.[11]

See also

External links