Debra K. Sands v. John R. Menard, Jr., et al.

The Fourteenth Amendment prohibits a State from depriving any person of property without due process of law. For more than nine years, the Petitioner in this case, Debra K. Sands, litigated a claim for unjust enrichment against her fiancé, John R. Menard, Jr., reported to be the richest man in Wisconsin and a major contributor to organizations supporting the candidacy of multiple Wisconsin Supreme Court Justices. During those nine years, which never resulted in a trial, the sole issue contested by the parties was whether Sands’ claim was barred by a Wisconsin Supreme Court Rule of Professional Responsibility. On December 29, 2017, the Wisconsin Supreme Court, finding for Sands on the ethical issue, nevertheless ruled that Sands’ complaint failed to state a claim for unjust enrichment, an issue never raised, briefed, or previously argued. The questions presented are:

1. Did the Wisconsin Supreme Court violate the due process clause, U.S. Const. amend. XIV § 1, when, after almost a decade of litigation, it dismissed an action on a ground that was never raised, argued, or briefed, thereby denying the plaintiff an opportunity to be heard, while rewarding a substantial donor who supported the election campaigns of the majority of the Justices on the court?

2. To safeguard the Fourteenth Amendment rights of private citizens, as well as maintain judicial integrity and public confidence in the judicial system, should the Wisconsin judges and justices who have benefited from substantial spending by a party or an entity associated with a party be required to recuse themselves?