"Brady attorneys Jonathan Lowy and Alla Lefkowitz are not licensed to practice law in Wisconsin, but were allowed to join both cases —as they have in cases across the country litigated by Brady. Milwaukee attorney Patrick Dunphy also represents the officers and former officers. The permission that allows an out-of-state attorney on a case can be rescinded, and the attorneys for Badger Guns and Badger Outdoors are seeking a court order withdrawing the permission.

"The Brady Center's conduct is inexcusable," Brookfield attorney Wendy Gunderson wrote in a brief filed earlier this month. "Attorneys appearing before Wisconsin courts are here as a matter of privilege and charged with knowing the rules. The privilege has been abused, seriously affecting not only these two cases but countless others." Gunderson's filing says that Brady posted information in the Norberg-Kunisch case that Conen had ruled inadmissible on its website and social media accounts and included it in emails to supporters. According to the filing, the material posted included "inadmissible firearms trace evidence," "evidence related to Badger Gun's federal firearms license," and "references to alleged violations of law by Badger Guns." Printouts of the postings and email were sealed in an envelope in the file and not accessible to the public.