Wisconsin attorney continues diploma privilege challenge.

Byline: Jack Zemlicka

Christopher L. Wiesmueller is in a class of his own, so to speak.

Last week, U.S. District Court Judge Barbara B. Crabb decertified the attorney's class action challenging the state's diploma privilege.

Wiesmueller is now left to pursue the case on behalf of his wife Corrine. Both are graduates of Oklahoma City University Law School, though Wiesmueller has since passed the bar exam in Wisconsin.

In the Dec. 3 decertification order, Crabb wrote, as well intentioned as Mr. Wiesmueller is, his pleadings and his lack of familiarity with federal court procedures demonstrate that he is not yet ready to prosecute a constitutional class action.

Wiesmueller took issue with Crabb's assertion, but said the comments will motivate him to continue the case.

Having had my ability criticized really makes me want to win it, he said.

In November, Wiesmueller petitioned to have Crabb removed from the case, alleging a lack of impartiality, based in part on a recent award from a University of Wisconsin Law School alumni group.

Crabb, who is on the verge of senior status, denied the recusal motion. She has questioned Wiesmueller's ability to handle such a complex case in the past, including in her denial of his request for summary judgment on Oct. 30.

In her order decertifying the class action, Crabb stated that Wiesmueller can still pursue his challenge of the diploma privilege so long as one person is willing to challenge that privilege.

Wiesmueller said he plans to continue the case with his wife as the sole plaintiff. He added that he doesn't like his chances at the trial court level, and would appeal to the 7th Circuit.

At this point, I'd be surprised if I won in district court, he said.

The matter has already been to the 7th Circuit twice before.

First, early last year the court remanded the case back to the district court for class certification. Crabb granted the certification, but dismissed the dormant commerce clause claim.

Wiesmueller appealed again. This July, the 7th Circuit rejected the state's argument that the study of law at a Wisconsin law school is a reasonable substitute for passing the bar exam.

If Wisconsin law is...