Early in his legal practice, Erik Guenther was recognized as the “Volunteer Attorney of the Year” by the American Civil Liberties Union of Wisconsin Foundation (ACLU-WIF) and was also a recipient of a 2003 Journal Times Award for his contributions to Racine County. The Racine Journal Times noted that, “It takes tremendous courage to fight City Hall. As the Racine community has learned this year, attorney Erik Guenther is no coward.” The Electronic Music Defense and Education Fund (EM:DEF) stated that, “the electronic music community is deeply indebted to Attorney Erik Guenther...” following his successful defense of hundreds of individuals who received municipal citations based on their attendance at an electronic music concert.
The passion for individual rights and for helping the little guy led to more criminal defense work and eventually to Hurley, Burish & Stanton, S.C. The firm represents individuals and businesses in state and federal court - from someone being a “person of interest” in a law enforcement investigation through charging, trial and appeal. The issues at hand can range from minor violations to serious felony cases. Erik represents a wide range of clients and cases, but has had experience with university students and their unique issues. Erik also assists business clients with internal investigations of potential wrongdoing by employees.
Erik is developing a reputation as a top young litigator as recognized by the Wisconsin Law Journal, In Business magazine and repeatedly by peers in the Wisconsin Super Lawyers® survey. He was profiled in the 2007 Wisconsin Super Lawyers® magazine in an article titled "Peer Recognition: How Erik Guenther Gets Juries to Sympathize with Clients Accused of Sexual Assault."
In April 2008, Erik returned from Afghanistan where he served as the Defense Mentor in the Justice Sector Support Program (JSSP); a program funded by the U.S. Department of State. JSSP focuses on helping the government of Afghanistan improve criminal justice reform through training for judges, prosecutors, police officers and defense counsel. The Dane County Criminal Defense Bar Association selected Erik as its 2007 "Warrior of the Year" for his service in Afghanistan.
Erik serves as chair of the Wisconsin Association of Criminal Defense Attorneys (WACDL) Strike Force providing consultation and, in some cases, representation to lawyers who are being investigated based upon the defense of their clients.
The Wisconsin State Journal recently profiled Erik in a front-page story, describing him as a "rising star in the state legal establishment and already a teacher in cutting-edge legal issues and a civil liberties expert."
On helping clients:
“I don’t like bullies, and bullies can take a lot of different forms in a criminal proceeding. My job is to balance the scales to help get my client through a tough time with the best possible outcome.”
On Understanding:
“It’s very important to understand the client and why they made the choices they made in a particular situation. A good lawyer doesn’t believe or disbelieve. A good lawyer helps the jury see themselves in the client’s shoes.”
Emphasis
Criminal defense in Wisconsin Circuit Courts and United States District Courts. Confidential investigations on behalf of business entities.
Bar Admissions
Wisconsin
U.S. District Court Western District of Wisconsin
U.S. District Court Eastern District of Wisconsin
U.S. Court of Appeals 7th Circuit
U.S. Supreme Court
International Criminal Court (The Hague, Netherlands) - Assistants to Counsel Registry
Education
University of Wisconsin, Madison, Wisconsin, J.D.
Honors:
Joseph E. Davies Award for Scholarship and Outstanding Commitment to the Law as a Service Profession
State Bar of Wisconsin Award for Excellence in Corporate Finance
University of Wisconsin International Law Journal: Note and Comment Editor
Clinical: Legal Defense Program
Carthage College, Kenosha, WI, B.A.
Honors:
Magna Cum Laude, Lincoln Scholar, Dean's List, Honor's List
Who's Who Among Students in American Universities and Colleges
Major:
Economics & Business Administration
Honors & Awards
Up and Coming Lawyer - Wisconsin Law Journal, 2009
Warrior of the Year - Dane County Criminal Defense Bar Association, 2007
“Rising Star” - Super Lawyers and Rising Stars®/Milwaukee Magazine, 2006 - 2009
Profiled, Wisconsin Lawyer, October 2008, "Mission Possible: Improving Justice in Afghanistan"
Profiled, Wisconsin State Journal, April 27, 2008,"City lawyer teaches law to Afghans"
Profiled, Super Lawyers and Rising Stars®/Milwaukee Magazine, 2007, "Peer Recognition: How Erik Guenther Gets Juries to Sympathize with Clients Accused of Sexual Assault"
Listed, Marquis Who's Who in American Law®, 2007 - 2010
Book of Lists - “40 Under 40,” In Business, 2005
Journal Times Award, Racine Journal Times, 2003
Volunteer Attorney of the Year, American Civil Liberties Union of Wisconsin Foundation, 2002
Professional Associations & Memberships
American Civil Liberties Union of Wisconsin - President, Board of Trustees/Board of Directors
State Bar of Wisconsin - Legislative Oversight Committee; Former Chairperson, Individual Rights and Responsibilities Section
International Network to Promote the Rule of Law (INPROL)
National Association of Criminal Defense Lawyers (NACDL) - White Collar Crime Committee
Wisconsin Association of Criminal Defense Lawyers (WACDL) - Board of Directors; Chair, Lawyer Strike Force
Dane County Bar Association
Dane County Criminal Defense Bar Association
American Bar Association - Criminal Justice Section
MAGNET (Madison Area Growth Network)
Published Works
Minimizing the Danger of an Online World, Wisconsin Law Journal, Vol. 20., No. 20, Page 11A, May 17, 2006
What’s Truth Got to Do With It? The Burden of Proof Instruction Violates the Presumption of Innocence, Wisconsin Defender, Fall 2005
Can Defense Counsel Ethically Breach A Plea Agreement?, Wisconsin Defender (Reprinted in Plea Bargaining and Penology: An Appraisal, M.N. Bhavani, ed., 2008, Amicus Books of Icfai University Press), June 2005
Your Right To Your Employment Record
Reporting Duties of Corporate Attorneys - SEC Rules and Explanations, book review originally published in the April 2003 Wisconsin Lawyer, and selected for inclusion in the WESTLAW Journals & Law Reviews database (76-APR Wis.Law.30)
Expanding Crawford v. Washington: The Need for An Absolute Confrontation Clause, Rights, Vol._ No.1., 2005
Raving Lunacy: How Mainstream Misconceptions of Electronic Music Events Threaten Civil Liberties, Rights, Spring 2003
Preventing and Defending School Discipline Proceedings
Classes/Seminars/Presentations
[UPCOMING] University of Wisconsin-Green Bay, Do You Cyber[Law]?: Facebook and the First Amendment, April 1, 2010
[UPCOMING] Carthage College, Do You Cyber[Law]?: Facebook and the First Amendment, Constitutional Law II: Civil Rights and Civil Liberties, March 26, 2010
[UPCOMING] Carthage College, International Criminal Law and the Law of Afghanistan, Comparative Law, March 26, 2010
[UPCOMING] Goodman Community Center, Preventing and Defending School Disciplinary Proceedings, March 10, 2010
[UPCOMING] University of Wisconsin-Madison, A Practical Guide to Criminal Law: Know Your Rights, February 25, 2010
University of Wisconsin-Green Bay, A Practical Guide to Criminal Law: Know Your Rights, November 24, 2009
Annual Drunk Driving Defense Seminar, Weapons of Choice for the Defense: Using Open Records Law, Document Subpoenas and Brady Demands to Obtain "Smoking Gun" Evidence, November 19, 2009
Carthage College, What Criminal Defense Lawyers Do and Why It Matters to Everyone, Constitutional Law: Separation of Powers, November 13, 2009
Carthage College, What Criminal Defense Lawyers Do and Why It Matters to Everyone, Law & Society, November 13, 2009
University of Wisconsin-Madison Legal Studies Association, Freak Fest: Know Your Legal Rights, October 21, 2009
Wisconsin State Public Defender Annual Criminal Defense Conference, Weapons of Choice for the Defense: Using Open Records Law, Document Subpoenas and Brady Demands to Obtain "Smoking Gun" Evidence, September 24 -25, 2009
University of Wisconsin-Madison Greek Week, Surviving the Mifflin Street Block Party: Know Your Legal Rights, April 22, 2009
Law Librarians Association of Wisconsin, The Legal System of Afghanistan, March 10, 2009
Edgewood College, A Student’s Guide to Criminal Law: Know Your Rights, March 9, 2009
Marquette University Law School, International Career Panel, February 23, 2009
Carthage College, International Criminal Law and the Law of Afghanistan, Comparative Law, February 20, 2009
Carthage College, Do You Cyber[Law]?: Facebook and the First Amendment, Constitutional Law II: Civil Rights and Civil Liberties, February 20, 2009
Carthage College, A Practical Guide to Criminal Law: Know Your Rights, Law & Society, October 24, 2008
Carthage College, Constitutional Law I: The Constitution and Power, October 24, 2008
University of Wisconsin - Eau Claire, A Practical Guide to Criminal Law: Know Your Rights, October 9, 2008
Northeastern Wisconsin Education Association (NWEA) Conference, Teaching the Bill of Rights: The Courthouse, the Capital and the Classroom, October 9, 2008
ACLU of Wisconsin Membership and Activist Conference, Do You Cyber[Law]?: Facebook and the First Amendment, September 27, 2008
Dane County Criminal Defense Lawyers Association, The International Criminal Court and the Law of Afghanistan, September 9, 2008
Dane County Bar Association - New Lawyers Section, International Criminal Law and the Law of Afghanistan, June 18, 2008
Carthage College, International Criminal Law and the Law of Afghanistan, Comparative Law, April 23, 2008
Carthage College, A Practical Guide to Criminal Law: Know Your Rights, Constitutional Law II: Civil Rights and Civil Liberties, April 23, 2008
Carthage College, Phi Alpha Delta Pre-Law Society Forum, April 10, 2008
Briarpatch Youth Services, School Discipline and Student Rights Workshop, July 19, 2007
Professional Association of Wisconsin Licensed Investigators, Just the Facts: Investigations in Criminal Defense Litigation, March 30, 2007
Carthage College, The Right To Counsel, Constitutional Law II: Civil Rights and Civil Liberties, March 26, 2007
UW-Madison Students for a Sensible Drug Policy and ACLU-UW, Don't Get Arrested Over Spring Break!, March 22, 2007
Advocacy Institute for Racial Equality, Preventing and Defending School Disciplinary Proceedings, March 10, 2007
Carthage College, Protecting Fringe Expression Through Impact Litigation, Constitutional Rights: Freedom of Expression, November 2, 2006
UW-Madison Students for a Sensible Drug Policy: A Student’s Guide to Criminal Law, April 6 - 7, 2005
Professional Education Systems, Inc., Wisconsin Criminal Litigation Update, February 15, 2005
UW-Madison Students for a Sensible Drug Policy: A Student’s Guide to Criminal Law, April 14, 2004
ACLU College Freedom Tour & Statewide Student Convention, Anatomy of a First Amendment Violation, October 7, 2003
