ALRC subcommittee delays Fusion Smoke and Spirits revocation hearing, requires physician letter from absent lawyer

The Alcohol License Review Committee subcommittee in Madison postponed the revocation hearing for Fusion Smoke and Spirits after the applicant's attorney failed to appear and the committee split on whether to proceed without counsel. The panel rescheduled the hearing for April 9 at 5:00 p.m., ordered a physician's letter from the absent attorney and recorded that the hearing will proceed regardless of whether the applicant is represented.

Assistant City Attorney Jennifer Zillowy told the subcommittee she suspected the absence might be deliberate and said the city had witnesses ready to testify: "I really don't think it's unreasonable to think that this is on purpose on Delhae's part," she said, adding the city had off‑duty police officers, a sheriff's detective, a Department of Revenue agent and a Dane County Task Force detective prepared to appear.

Jacob McRoberts, the applicant, said he had tried repeatedly to reach his lawyer and that the attorney had told him earlier that day he was experiencing vertigo: "I have called him 11 times. I spoke with him last at 9AM. He said he had vertigo," McRoberts said, urging the subcommittee not to proceed without counsel he said was central to his defense.

The panel debated whether the absence of counsel required delay. Attorney McReynolds noted this is a civil revocation matter rather than a criminal proceeding and told the subcommittee that there is no right to an appointed lawyer in this forum. He also said some medical documentation had been submitted earlier: "He did send me an email with several attachments which were generally discharge instructions or after‑visit summaries regarding medical issues," McReynolds said, adding he could not assess the medical records himself but that they showed medical visits on the dates the attorney reported.

Members split on whether to go forward that day. Alder Figueroa Cole moved to proceed with the hearing; after discussion the motion failed on a roll call vote (recorded as 1 yes, 2 no). The subcommittee then considered how to proceed and, after a brief recess to confer on scheduling, voted unanimously to reschedule the hearing to April 9 at 5:00 p.m.

The subcommittee also voted unanimously to require Attorney Delhae to provide a letter from a physician confirming that he had a medical condition on the day of the hearing that prevented him from appearing or communicating with his client, and recorded a separate unanimous motion that the hearing on April 9 will go forward whether or not Mr. McRoberts is represented.

Attorney McReynolds told the panel that earlier materials sent by the attorney included dated medical visit summaries but lacked a treating physician's statement about the inability to attend that specific day; Assistant City Attorney Zillowy said she wanted a physician's letter rather than generic discharge paperwork.

The committee closed by thanking city staff and witnesses for attending and adjourning. The rescheduled hearing is set for April 9 at 5:00 p.m.; the subcommittee ordered that a physician's letter be provided by Attorney Delhae explaining his absence and noted the hearing will proceed on the new date whether or not Mr. McRoberts has counsel.