Raymond M. Dall'Osto, Partner

Raymond M. Dall’Osto is a partner with the law firm of Gimbel, Reilly, Guerin & Brown, LLP in Milwaukee, Wisconsin, and is admitted to practice law in Wisconsin and Illinois. His practice areas are white collar and criminal defense in federal and state courts, defense of regulatory investigations, professional discipline defense, ethics and licensing matters, civil litigation, personal injury, employment and constitutional rights.

Ray received his law degree from the Marquette University Law School in 1977. He taught there as an adjunct professor of law from 1985 to 1990, and also has lectured at the University of Wisconsin Law School. Before going into private practice, he served as Legal Director of the American Civil Liberties Union of Wisconsin, and was a felony trial attorney and director of the public defender office in Milwaukee.

Ray was elected and served several terms on the State Bar Board of Governors. He also has served as the chairperson of the State Bar Criminal Law and Individual Rights Sections, on the Professional Ethics Committee, Legislative Oversight Committee and as a Fee Arbitrator.

Ray was appointed to and served on the Wisconsin Legislature’s Wrongful Conviction Task Force and helped draft interrogation and fair identification procedure reforms. He has long been active in criminal justice, equal rights and sentencing reform efforts. Over the years, Ray has developed and lectured at many continuing legal education (CLE) programs on criminal law and procedure, evidence, constitutional rights and legal ethics. Ray is recognized in Best Lawyers in America, Super Lawyers and as AV preeminent in Martindale Hubbell. Ray’s email address is dallosto@grgblaw.com.

• The National Association of Criminal Defense Lawyers, Member
  
  State Bar of Wisconsin, Board of Governors, 2010 - 2012
  
  State Bar of Wisconsin, Chairman & Director, Individual Rights Section, Member, 1979 - 1985
  
  State Bar of Wisconsin, Member, Professional Ethics Committee, 1990 - 1996
  
  State Bar of Wisconsin, Criminal Law Section, Chairman & Director, 1995 - 2001
  
  National Association of Criminal Defense Lawyers, Member
  
  Wisconsin Association of Defense Lawyers, Member
  
  Milwaukee Bar Association, Member
  
  Illinois State Bar Association, Member 1979 - present
  
  State Bar of Wisconsin, Member 1977 - present

• Testified before a Wisconsin Assembly Committee, on behalf of the State Bar of Wisconsin, in support of AB 331 - June 01, 2017
  
  Named one of the "Best Lawyers in America" for Civil Rights Law
  
  Selected to Wisconsin Super Lawyers - 2005-2020
  
  Named in top 50 Wisconsin Super Lawyers – 2018
  
  Named in top 25 Milwaukee Super Lawyers – 2016
  
  State Bar of Wisconsin President's Award - 2000
  
  Martindale-Hubbell, AV Preeminent Rating

• Women’s and Children’s Domestic Violence Shelter Gets Second Chance in Elkhorn
  Due to the efforts of Gimbel, Reilly, Guerin & Brown, LLP's partner Ray Dall’Osto, a circuit judge on April 29th vacated the decision of the City of Elkhorn Common Council, which last year denied a conditional use permit (CUP) for New Beginnings Association for Prevention of Family Violence to open a women’s and children’s shelter near the old courthouse square in Elkhorn. There is currently no such shelter for victims of family violence in Walworth County. Conditional use permits (CUPs) allow a zoning board to approve a land use that may be compatible in the zoning district in which it is proposed, but that is not permitted as a matter of right. A CUP is different than a variance. New Beginnings’ proposal, which would repurpose a former Aurora Medical Clinic building being donated for this purpose, was carefully put together and met the concerns of city planners and officials. However, the Common Council, in a 4-2 vote, summarily denied their application for a CUP, despite it being supported by hundreds of citizens and law enforcement officials. Following the denial, New Beginnings requested the involvement of Attorney Dall’Osto. A detailed petition for certiorari review of the denial of the CUP was prepared and filed, and extensive briefs were subsequently submitted to the court following the filing of the formal record by the City. Common law certiorari review of the decision of a government body or agency is generally limited to: (1) whether the municipality kept within its jurisdiction; (2) whether it proceeded on a correct theory of law; (3) whether its action was arbitrary, oppressive, or unreasonable and represented its will and not its judgment; and (4) whether the evidence in the record was such that it might reasonably make the order or determination. The scope of certiorari review may be enlarged by statute, and in fact, a recent statute, 2017 Wis. Act 67, amended sec. 62.23(7)(de). Act 67 changed the CUP law to provide that a permit should be issued where the applicant meets, or agrees to meet, standards specified in a local ordinance. The language of Act 67 requires that there be substantial evidence in the record to support the denial of a CUP, in order for the denial to be upheld on certiorari appeal. Mere personal preference or speculation on the part of the person(s) opposing the CUP do not constitute the necessary substantial evidence. After hearing oral argument on April 29, 2020, Walworth County Circuit Judge Daniel Johnson agreed with New Beginnings’ arguments, and vacated the Common Council’s decision denying the CUP. He remanded the case back to the Common Council. While it’s not clear when the Council will review the matter again, Dall’Osto said that New Beginnings is willing to work with the City of Elkhorn, provide additional information if requested, in order to try to find a way forward to make this happen. The need to address the problem of family violence in Walworth County and protect and aid the victims of family violence, who are largely women and their children, is even greater now in these pandemic times. Sources: Navigating the Family Violence Prevention and Services Program (U.S. DHSS) https://www.acf.hhs.gov/sites/default/files/fysb/fvpsa_admin_guide_20121119_0.pdf Wisconsin Legislative Council memo on Act 67 https://docs.legis.wisconsin.gov/2017/related/lcactmemo/act067 M. Parenteau, Legislature Enacts New Standards for Conditional Use Permits https://www.wisbar.org/NewsPublications/InsideTrack/Pages/Article.aspx?Volume=10&Issue=5&ArticleID=26234 Lake Geneva News https://www.lakegenevanews.net/news/local/judge-gives-domestic-violence-shelter-another-chance-in-elkhorn/article_9d530f9e-8e42-51ce-9287-f3022492ddc4.html Janesville Gazette https://www.gazettextra.com/news/crime/judge-rules-elkhorn-must-reconsider-domestic-violence-shelter-project/article_03dfc1b1-8357-57a4-89ed-d612bbf912c8.html

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