Milwaukee city attorney misconduct allegations, call for charges

MILWAUKEE - Milwaukee’s inspector general is calling for charges against City Attorney Tearman Spencer and a deputy city attorney.

The inspector general's report also recommends the Common Council oust Spencer and the deputy, Odalo Ohiku – alleging Ohiku worked private cases on city time. The report claims Spencer certified those work hours.

Fifty-seven pages lay out the allegations. The inspector general said Ohiku worked private cases on at least 11 days, or 88 hours, and the city paid him $5,766 for those hours.

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The review found the Office of the Inspector General: "was able to determine that although DCA Ohiku withdrew his name as the attorney, he continued to perform work on many of those cases. Additionally, in some instances, case details disclosed that DCA Ohiku appeared in court with one of his associates."

Ohiku's attorney, Nate Cade, told FOX6 News the inspector general's report does not tell the full story. He said his client was not interviewed, and there’s a general lack of due process.

The inspector general also called for misconduct charges against Spencer, the elected city attorney.

"Well, you have to consider the source first of all, and I think it's absurd and ludicrous to say you want to bring up charges," Spencer said. "We work with professionals and we expect professionals to conduct themselves as professionals. We're not in a high school or we're not with children."

The report said Spencer "does not enforce or does not have adequate internal controls in place to prevent or deter this type of abuse." 

"Let me explain that to you – first of all, there is no certification process here. Everybody self reports," said Spencer. 

Spencer is also accused in the report of lying to the Common Council – a claim Spencer denies. The deputy city attorney's mittee meeting:

Spencer: "I have been assured that his unequivocal attention is to do the work of the city, first and foremost."
Ald. Michael Murphy: "You are assuring us, as the committee, that he’s not taking any new cases for himself, as we move forward?"
Spencer: "I can no more assure what he is doing there than I can assure what your intentions are; his primary focus and his dutiful focus is to the city."
Murphy: "You’re his boss, and you can tell him not to take any new cases before accepting the position of representing the city. Has he agreed to that proposition, that he’s not taking any new cases?"
Spencer: "Again, you can talk with me later. I do have a meeting to discuss that with (Ohiku)."
Murphy: "This is a pretty straightforward question: Have you asked him not to take any more new cases?"
Spencer: "What I’ve asked him to do is to dissolve that obligation that he has, so he can have full attention to the office. Now, to respect of whether that office takes on cases or not, who am I, or who are you to tell them how to run a business, as long as it doesn’t interfere with the business here of the city."
Murphy: "When accepting the position of deputy, he is not taking up any new cases in terms of new cases that may come before the Milwaukee Circuit Court?"
Spencer: "That should be the expectation."
Murphy: "It may be the expectation, but you’re his boss. Did you ask him that? And did he agree to that?"
Spencer: "As I stated to you, I am going to have a meeting with him on Friday, and if you want to meet back after that, I’ll give you unequivocally what our agreement is."
Murphy: "OK, so you haven’t had that discussion with him."
Ald. Milele Coggs: "At our last meeting, you said you did speak with him and the agreement was he would have six months to clear his current workload, right?"
Spencer: "Absolutely."

That was all in April of 2021. Spencer on Nov. 9, 2023 told FOX6 he had later approved extending the timeline and so was not lying to the council members in 2021. Spencer added that the deputy needed that extension to close out his old private cases.

Spencer defended the character of his deputy. "He is a very good attorney, and he thinks the world of the city, so he's been an attorney that I can rely upon and trust, like all the rest of the attorneys. And the evenings and weekends, when we have things to do, he's there."

"I can't see him doing that. I can't see any reason why. To me that's not in his character. He came highly recommended when he started, and he hasn't showed me anything otherwise to question that."

People around City Hall are looking for answers.

"I have yet to read the report from the inspector general. I know that it’s out there. I want for that process to play itself out," said Mayor Cavalier Johnson. "I first want to make sure we’re on solid footing before offering any additional comment on whatever should happen in the city attorney’s office."

The inspector general called for the Common Council to use its power to oust Ohiku and Spencer from their roles. Members expressed worry about doing that now, five months before the next election, when Milwauke voters will decide who should be the city attorney.

Spencer told FOX6 he hasn't decided if he'll run for reelection in April 2024. "I hope I'm alive in a year. I deal with these issues one day at a time and as they're presented, so I have not looked or thought about what the future brings next year or past Thanksgiving and Christmas."

A Common Council committee will review the report next week.