Vol 17 No 3 H I G H L I G H T S Summer 5Awards 12 Evidence-based practice training 2009 6 Rare-language training grant 13 Wisconsin Connects 8 Obituaries 14 New judges 9 People 15 Judicial Council bill signed into law Budget affects court finances, policy By Deborah Brescoll, Budget and Policy Officer

overnor Jim Doyle signed into law, as 2009 Wisconsin z Require the Chief Justice of the Supreme Court, acting GAct 28, the 2009-11 biennial budget bill on June 29. as the administrative head of the judicial system, to Except where otherwise specifically provided, Act 28 became take actions during the 2009-11 biennium to ensure that effective on July 1. The budget act covers state expenditures $7.4 million be lapsed to from July 1, 2009 through June 30, 2011. the state’s general fund Other budget stories: The governor made more than 80 partial vetoes in signing over the biennium from z Director’s Column – the act, including several affecting the courts. The Legislature any of the courts’ general page 2 may override any veto with a two-thirds vote of members fund appropriations z Sentencing changes present in each house. A budget override has not been adopted (these include the three a publication of the Wisconsin Judiciary a publication of the Wisconsin – page 2 since the 1980s. levels of court, the z Effect on Justice Act 28 contained significant changes to sentencing laws, Director of State Courts Reinvestment which are summarized in a separate article. Additional court- Office, and the Wisconsin Initiative – page 3 related provisions in Act 28 include the following: State Law Library) or z Delete 1 percent from every court appropriation, transferred from any including appropriations for payments to counties court appropriations funded from non-tax revenue under the circuit court support and guardian ad litem sources, such as surcharge revenues. The lapse and payment programs and court interpreter transfer amounts are attributable to forgoing the 2- reimbursements. see Budget on page 18 CCAP expands electronic case filing initiative By Jean Bousquet, Chief Information Officer he Wisconsin Court System is ready to roll out participating in an Telectronic case filing (eFiling) to all Wisconsin circuit eFiling pilot program courts using Consolidated Court Automation Programs for small claims money (CCAP) case management. judgment cases. The On May 1, 2008, the Wisconsin Supreme Court approved pilot program was a rule setting out the procedures for filing circuit court cases extremely valuable for electronically, codified as Wis. Stat. section 801.17. Over assessing the viability of the next few years, eFiling will become available county by eFiling in Wisconsin county as clerks of circuit court and judges implement the circuit courts and to eFiling launched for appellate new procedures. make sure the eFiling courts - page 11 system worked for the Background courts and litigants. Enhancements to both the CCAP case In 2005, Washington and Kenosha counties began see eFiling on page 18 Video visits to link parents, juveniles $1,494 grant from the state at the state’s three state juvenile AOffice of Justice Assistance will institutions – Ethan Allen School in help Dane County Juvenile Court Wales, Lincoln Hills in Irma, and launch a program using Southern Oaks in Union Grove. videoconferencing technology to “Kids who stay connected with their make it easier for parents to stay in families while they are incarcerated touch with their incarcerated children. have a better chance of not repeating a The grant will help purchase crime,” said Dane County Circuit videoconferencing equipment to be Court Judge John Albert, who serves as The Third Branch located at the Juvenile Reception the county’s presiding juvenile judge. Center in the City-County Building in Video visits are no substitute for downtown Madison. Parents who personal visits, but some families are Dane County Juvenile Court Administrator have children incarcerated in state unable to travel to Wales, for John Bauman is helping establish a program juvenile facilities elsewhere in the example, because of limited that will allow juveniles incarcerated in the state can come to the center to be transportation options or child-care state facilities to participate in “video visits” “connected” by video with them. with parents who are unable to travel. see Video on page 20 www.wicourts.gov Similar equipment already is available 2

Summer 2009 Director’s column: State budget creates

THE THIRD BRANCH challenging environment he smoke is starting to clear from a state budget possible to our personnel and as least disruptive to the Tdescribed in varying terms by some as “unprecedented,” operations. As an employer it is very difficult to require “secretly crafted,” “painful,” “responsible,” and “extremely dedicated staff to in essence take a pay cut. difficult.” No matter your opinion on the contents or how The non-fiscal law changes in the budget will also require the process was managed, at least we can say the 2009-11 significant effort to ensure the court system is in state budget was timely. This is the first time it has been compliance. The most significant of these changes involves completed prior to July 1 since 1977. sentencing practices. At one time or another, the budget With the signing of the budget on contained a variety of provisions regarding sentencing. In June 29, 2009, our efforts move from the end, the governor vetoed or partially vetoed a number of communication with the other these provisions. (see story, page 2) branches of government to Thankfully, some of the sentencing provisions include a implementation. While navigating delayed effective date of October 1. This delayed date, the political process of the budget is which we were advocating, will allow us to put together a always filled with surprises and plan of action to communicate with and educate judges and challenges, the responsibility of court personnel on these changes. We are now in the process operating the court system effectively of sorting out these provisions. within the new budget will be more In the coming months we will look at different methods to challenging than ever. The challenges communicate these changes including bulletins, webcasting, result from both the fiscal and policy and educational sessions at upcoming programs. A. John Voelker items included in the final package. Unfortunately, I think implementation will be challenging. Throughout the process, we had However, the one thing that I have learned throughout my continual, and I believe productive, communication with the years in the court system, and reinforced since becoming other branches to moderate the effect on the court system. director, is that even during the most challenging of The fiscal effects include a $7.4 million reduction in the circumstances, judges and non-judicial personnel alike court system budget. This cut will require all of us to be as respond with a problem-solving attitude. sensitive as ever about controlling expenses. It will also It reminds me of a quote from inventor David Sarnoff, who require us to deal with the issues associated with furloughs said, “The will to persevere is often the difference between of non-judicial personnel. failure and success.” While dealing with the consequences of There is no doubt that mandatory furloughs on top of the economic downturn may be one of the system’s biggest rescinded pay raises put significant financial strain on our challenges in a number of years, I expect we will be employees. Furloughs also put significant operational strains successful in addressing the challenges that lie ahead. on the system. Non-judicial personnel throughout the In the meantime, I am hopeful that the few positive system, either in Madison or in each of the counties, are financial indicators that have been identified in recent critical to the court’s fulfilling its responsibilities. We will weeks are a sign that the next biennial budget will not be strive to ensure any approach to furloughs is as fair as as painful. „ New budget changes sentencing practices By Nancy Rottier, Legislative Liaison and Deborah Brescoll, Budget and Policy Officer he new state budget, 2009 Act 28, includes changes in The budget introduces a new concept called Positive Tsentencing practices that go well beyond the early release Adjustment Time that allows DOC to give credit for provisions that received most of the media attention during days served without rule violations and in compliance the five months the budget was under consideration. Most of with the inmate’s programming. DOC is required to the provisions will become effective on October 1. perform an objective risk assessment to determine the Gov. Jim Doyle made several vetoes affecting sentencing inmate’s risk of reoffending, and then allocate resources proposals of the Special Committee on Justice Reinvestment to match the risk each inmate poses with appropriate Initiative Oversight (JRIO). (See story, page 3) and effective programming. Proposed as an effort to give inmates more incentives for Inmates are eligible for sentence adjustment and may earn good behavior and to reduce costs for the state Department credit for varying numbers of days, depending on the of Corrections (DOC), the changes give greater authority to seriousness of the crime committed. If the ERRC adjusts an the DOC to manage the inmate population and affect inmate inmate’s sentence for early release, it adds the days of release dates. reduced confinement to the term of extended supervision Under the new budget, the Earned Release Review (ES), so that the total length of the bifurcated sentence Commission (ERRC) replaces the Parole Commission and is remains the same. (See list on page 8 for additional given enhanced duties and responsibilities. The ERRC will information on Positive Adjustment Time). have the authority that now resides with the sentencing court In addition, Act 28 will now allow the ERRC, rather than to adjust a sentence of an inmate who has served 75 percent the sentencing court, to consider a petition to reduce a of a term of confinement for Class F to I felonies, or 85 percent of the term for Class C to E felonies. see Sentencing on page 3 3

Summer Vetoes revise Justice Reinvestment proposals 2009 ov. Jim Doyle used his veto pen to strike from the treatment.

G2009-11 state budget several provisions recommended Doyle said in his veto message that he partially vetoed THE THIRD BRANCH for approval by the Legislative Council’s Special Committee this provision because he objects to the “one-size-fits-all” on Justice Reinvestment Oversight. approach. “Placing an arbitrary maximum term of re- The committee was responsible for collecting reports confinement on offenders who are revoked from their from the Council of State Government’s Justice Center, extended supervision and then allowing the department to which gathered extensive data on Wisconsin’s corrections deviate from the maximum when they determine a person and criminal justice systems as part of the Justice poses a substantial risk is problematic from a due process Reinvestment Initiative. point of view and could result in multiple petitions filed The committee met seven times during the first half of against the reviewing authority,” Doyle wrote. 2009 and introduced four pieces of legislation. Each item Doyle maintained language that requires the “reviewing was modified to some extent during the budget process but authority and not the sentencing court” to determine the remained largely intact until the vetoes. period of re-confinement. Here’s a list of the initial proposals, along with proposal Recidivism, WLC: 0427/3 - makes appropriations for numbers and brief summaries, provided by the Wisconsin community-based mental health services, a transitional Legislative Council. A brief description of the governor’s employment program, and community services to reduce veto action follows each item. recidivism for persons on supervision. In addition, the draft Extended supervision, WLC: 0425/3 - provides that a sets a goal of reducing recidivism by 25 percent by 2011. court may not order a term of extended supervision that The draft requires DOC to create community services to exceeds 75 percent of the term of confinement in prison. reduce recidivism, to track the effectiveness of these This limitation does not apply to a person who has been services, and to report annually to the governor, the convicted of a Class A, B, or C felony or a sex offense. Legislature, and the director of state courts on the services Doyle said in his veto message that he vetoed “this provided and the progress towards reducing recidivism. provision due to the possible unintended consequences of Doyle said in his veto message that he partially vetoed creating a cap on extended supervision sentences…” The this proposal to remove language that set a numerical goal governor maintained language “for shortening extended of reducing recidivism in the time frame recommended supervision sentences, through the ability of the Department because “this is an arbitrary figure that will be hard to of Corrections to discharge a person from supervision after measure in the short time prescribed in the language using two years. This release creates an incentive for an offender accepted best practices for measuring recidivism rates.” The to comply with the rules of their supervision and earn effect of the partial veto, according to the governor, is to discharge through rehabilitation, which better protects require the DOC to reduce the recidivism rate by fiscal year public safety.” 2010-11. Reconfinement, WLC: 0426/3 - provides that, when a Risk Reduction, WLC: 0428/3 - permits a court to order person’s extended supervision or parole is revoked, the a risk reduction sentence for a person who agrees to person must be confined in prison for six months. The participate in an assessment of the person’s criminogenic Department of Corrections (DOC) may extend that needs and risk of re-offending and any programming or confinement time by not more than 90 days for rule violations or failure to participate in programming or see Reinvestment on page 20

Sentencing continued from page 2 sentence for an inmate with an extraordinary health Both the Challenge Incarceration Program and the Earned condition, such as advanced age, infirmity, disability or a Release Program are being expanded under Act 28. For the need for medical treatment or services not available within Challenge Incarceration Program, DOC is to use an a correctional institution. evidence-based assessment tool to determine treatment Inmates incarcerated for a misdemeanor or nonviolent needs of inmates related to his or her criminal behavior. Class F to I felony (except for sex offenders) will also be DOC is allowed an expanded list of treatment options. The allowed to petition DOC for early release to ES if they are Earned Release Program, which was created in 2004 to help within 12 months of the end of their confinement time. DOC address demand for alcohol and drug treatment among non- is to promulgate rules for determining whether bifurcated violent offenders, will now allow DOC to develop new sentences should be modified under this provision. tracks within existing rehabilitation programs to address For misdemeanants placed on probation, Act 28 gives needs that are directly related to an inmate’s criminal DOC the authority to modify a person’s period of probation behavior, even if those needs are not completely related to and discharge the person from probation if the person has substance abuse. completed 50 percent of the probation term. The Legislature accepted two recommendations offered by Reconfinement hearings for revocations of ES are also the court system to streamline sentencing hearings and to changed, with administrative decisions replacing circuit clarify the issue of sentencing guidelines. Act 28 deletes the court hearings. The administrative agency making the statutory requirement for the sentencing court to orally determination on the length of reconfinement will be the explain the bifurcated sentence, including the requirement to Division of Hearing and Appeals in the Department of read the Extended Confinement, or “bad time” provisions. It Administration, upon proper notice and hearing, or the DOC, if a hearing is waived. see Sentencing on page 8 4

Summer 2009 Court programs for veterans move forward By Amanda Todd, Court Information Officer

THE THIRD BRANCH ore than 100 people at sites in Madison, Milwaukee Mand Tomah participated in a late June conference designed to help justice system partners develop plans for building specialty court programs for veterans. Leave No One Behind: Veterans in the Criminal Justice System brought together judges, prosecutors, public defenders, treatment providers and county veterans services officers from across the state. Some jurisdictions are just beginning to explore the issues related to veterans in court; others are poised to launch specialty programs for veterans in the next six months. Counties that may begin programs in 2009 or early 2010 include the Chippewa Valley (Chippewa, Dunn and Eau Claire counties), the Juneau County region, La Crosse County, Milwaukee County and Rock County. “We are doing this, number one, because we owe it to the veterans,” said Chief Judge Benjamin D. Proctor, Eau Claire County Circuit Court, “and number two, because this is a unique population that requires a Participating in a conference on veterans in the criminal justice system in June are, from left, Steve House, case manager at the different approach.” Veterans Assistance Program at the Wisconsin Veterans home in Proctor and his colleague, Judge Lisa K. Stark, who Waupaca County; Judge Todd W. Bjerke, La Crosse; Chief Judge also participated in the conference, have been leaders in Benjamin D. Proctor, Eau Claire; Deputy Chief Judge James P. the movement to develop specialty court programs. The Daley, Rock County; Judge Elliott M. Levine, La Crosse; District Atty. Eau Claire judges now oversee programs for drug Scott H. Southworth, Juneau County; and District Atty. John T. offenders, people with mental illness and single mothers. Chisholm, Milwaukee County. “We know this can work because we have been Leave No One Behind: Veterans in the Criminal Justice successful with our other efforts,” he said. System was sponsored by the Wisconsin Public Defender, Judge James P. Daley, Rock County Circuit Court, also Department of Corrections, Department of Justice, Veterans’ believes strongly in the need for specialty court programs Administration, Department of Veterans’Affairs, and the for veterans – so strongly that he is leading the effort to Wisconsin court system. open the first such program in Wisconsin. Daley has already organized a mentor-training program slated for late July, and VA appoints justice outreach specialist he hopes to begin handling cases in August. All Veterans Administration (VA) medical centers recently Also working to develop specialty court programs are were authorized to add a new position, veteran justice judges, state public defenders and district attorneys in outreach specialist (VJOS), to their staffs. The Milwaukee VA Juneau County (home to a large veteran population), La already has announced its appointee: Jacqueline D. Bethany, Crosse and Milwaukee. Ph.D. Bethany can be reached at (414) 384-2000 x41246. „

Wisconsin Supreme Court Justice Patience Drake Roggensack, pictured here with Chief Judge William D. Dyke, Iowa County Circuit Court, was among invited dignitaries during the Iowa County Courthouse Sesquicentennial Celebration held June 13 in Dodgeville. The event featured courthouse tours, displays, food, music, giveaways and horse and wagon rides. education, andapilotproject. services, mechanismsforinformationsharing,trainingand including availabilityandaccessibilityofresources structure thatworkswiththecriminaljusticesystem, addressing mentalhealthissuesinthecriminaljusticesystem. judicial branchesofgovernment. Wisconsin, stateagencies,andtheexecutive,legislative district attorneysandpublicdefenders,theState Barof including: lawenforcement,serviceproviders,consumers, task forceconsistingofparticipantswithdiverseexpertise, the issue. stakeholders todevelopeffective strategiestoaddress people withmentalillness. aimed atimprovingthecriminaljusticesystem’s responseto State Governmentstoparticipatein thisproject,whichis Health LeadershipInitiative. Shirley S. Abrahamson toreceiveits2009Outstanding Illness (NAMI)haschosenSupremeCourtChiefJustice Wasielewski hasserved onthe awards presentation inMay6. Advocates (ABOTA) atan American Boardof Trial Wisconsin chapterofthe Judge ofthe Year bythe Wasielewski wasnamed Trial Court JudgeFrancis T. the Year Judgeof ABOTA Wasielewski named health initiative Abrahamson honoredformental- Alliance onMentalIllness. Wisconsin branchoftheNational addresses agatheringofthe Justice ShirleyS. Abrahamson Wisconsin Supreme CourtChief AWARDS The groupisexpectedtoexaminewaysstrengthenthe The taskforcewilldevelopandpromoteaplanfor steeringcommitteeisplanningameetingofstatewide A As partoftheinitiative, Abrahamson willconvenekey Wisconsin isoneoffourstatesselectedbytheCouncil The Wisconsin branchoftheNational Alliance onMental Milwaukee CountyCircuit training specialistfor Lowenberg, advocacyand prisons,” saidJennifer Wisconsin jailsand with mentalillnessesin issues involvingpersons understanding ofthe and compassionate Abrahamson hasaclear mental illness. lives ofthoseaffected by her efforts toimprovethe Government Awardfor Leadership in Criminal JusticeMental on theChiefJustices’ Abrahamson’s leadership award, Lowenberg cited NAMI Wisconsin. Wasielewski Judge FrancisT. “Chief Justice In presentingthe Journal few interceptionsalongtheway.” break therecordfortouchdownpasses,butalsomorethana Brett Favre;he’s hadalotoftimeto the committed reversibleerror,” hetold appeal, andhavesometimes during whichI’vebeenaffirmed on to thecommunity. the RacineCountyCircuitCourtand recognized forhiscommitmentto from 1990-97.Simanekwas judge fortheSecondJudicialDistrict bench since1980,servedaschief has beenontheRacineCounty Achievement Award. Simanek,who Simanek withaLifetime Circuit CourtJudgeStephen A. Achievement Award Simanek receivesLifetime been amemberof NALSsince2005. the SupremeCourt CommissionersOffice fortwo years, has certification, andnetworking.Schade, whohasworkedfor professionals througheducation, professionaldevelopment, provides supporttoitsnationwide membershipoflegal NALS, theassociationforlegal professionals. NALS the localchapteroftri-level national organization, director. The LegalPersonnelofSouth Central Wisconsin is Schade wasalsoinstalledforasecondtermasmembership Edgewater HotelinMadison.Duringtheeveningevent, Wisconsin’s Memberofthe Year Award onMay13,atthe Sonja SchadereceivedtheLegalPersonnelofSouthCentral ‘Member ofthe Year’ Legal assistant recognizedas information onfreeandlow-costlegalresources. Abrahamson, aswelllaw-relatedactivitiesand column bySupremeCourtChiefJusticeShirleyS. speak tostudentsonLawDay. The insertincludeda conjunction withclassroomvisitsfromlocalattorneyswho Valley barassociations,wasdesignedtobeusedin Law Dayin2008. The insert,created alongwithotherFox Exceptional Achievement foranewspaperinsertcreated Winnebago CountyBar Association withan Award of Law Dayinsertreceivespraise trial at ABOTA’s annualtrialseminar. Kirk. The awardrecipientservesasthejudgeinmock Crooks and Waupaca CountyCircuit CourtJudgePhilipM. award include Wisconsin SupremeCourtJusticeN.Patrick preservation oftheciviljurytrial.Previousrecipients appointment in1983. Milwaukee CountyCircuitCourtbenchsincehis Simanek waspresentedwiththeawardat “Twenty-nine yearsisalongtime, The Supreme CourtCommissionersOffice legalassistant The State Barof Wisconsin hasrecognizedthe Established in1957, ABOTA’s primarygoalisthe Law Journal Wisconsin LawJournal ’s annualLeadersinLawluncheonMay. . “It’s kindoflike has honoredRacineCounty „ Simanek Judge Stephen A. Law

THE THIRD BRANCH 2009 Summer 5 6

Summer 2009 Ozaukee County Bar honored

THE THIRD BRANCH for Family Law Center he Ozaukee County Bar Association has won an Award thereby improving the overall efficiency of court operations, Tof Achievement from the State Bar of Wisconsin for a said Atty. Donald Roy Fraker. project completed last year that could become a statewide Fraker praised county officials, including Ozaukee County model for helping pro se Circuit Court Commissioner Darcy McManus, who wrote litigants, or people who represent the grant application and oversees the volunteer attorneys. themselves in court. An estimated 150 or more individuals are expected benefit The award honoring the Family from the initiative this year. Clerk of Circuit Courts Jeffrey Law Center was presented during Schmidt and Technology Resources Director John Buhler the Local Bar Grant Competition were also instrumental in making the project a reality, the Awards at the 2009 Wisconsin State Bar noted in announcing the award. Bar Leaders’ Conference on April “This award recognizes the ability and willingness of 24 at the State Bar Center in attorneys in the Ozaukee County Bar Association to address Madison. needs of their neighbors in Ozaukee County while promoting The State Bar noted that a positive image of lawyers who care about their state and Ozaukee County Bar members community,” said Atty. Ben Brantmeier, chair of the Local have volunteered their services at Bar Grant Competition Subcommittee. free legal clinics for self- Darcy McManus Each year, local and specialty bar associations develop represented individuals. Last public service projects with the help of the State Bar’s local year, the group installed a computer at the Ozaukee County bar grants. Whether the project is a community program, Courthouse to help pro se litigants, who typically had to video, publication, or special conference, bar associations complete forms by hand – a situation that sometimes can use funds from the State Bar Local Bar Grant created challenges for both litigants and court staff. Competition Committee to address important community The self-help center is expected to reduce the number of issues and needs. „ incomplete and difficult-to-read, handwritten documents,

Schanker selected as 2009 Henry Toll Fellow isconsin Supreme Court Clerk David Schanker is one conducting legal research, communicating with interested Wof 40 emerging state leaders from across the nation parties, and making recommendations to the Court, selected for the prestigious Toll Fellowship Program to be Abrahamson wrote in her nomination letter. The held in Lexington, Ky. Sept. 12-17. nomination was endorsed by Justice David T. Prosser and The annual week-long seminar, Director of State Courts A. John Voelker. sponsored by the Council of Applicants for this year’s program included leaders from State Governments (CSG), is each branch of government in 40 states and two U.S. named in honor of Henry Toll, a territories. Past Toll Fellowship graduates include governors, Colorado senator who founded U.S. senators and members of Congress, as well as leaders the Council in 1933. The in state government. Among past winners from Wisconsin: program seeks to develop the Director of State Courts A. John Voelker, Rep. Marlin next generation of leaders from Schneider, D-Wisconsin Rapids; Sen. Dale Schultz, R- each branch of state government. Richland Center; Rep. Pat Strachota, R-West Bend; former “This is great news for Rep. Sue Jeskewitz; former Sen. Brian Rude; and former Wisconsin. David has State Treasurer Cate Zeuske. demonstrated his leadership The focus of this year’s program is on trends analysis, abilities in working with the policy development, media and constituent relations, and David R. Schanker Supreme Court, and it’s great to leadership and institutional changes. The program gives see his efforts recognized at the leaders perspectives they would not ordinarily obtain during national level,” said Supreme Court Chief Justice Shirley S. the course of their regular governmental service. Abrahamson. CSG is a multi-branch organization, forecasting policy As clerk, Schanker has taken on the added trends for the community of states, commonwealths and responsibility of assisting the Court in evaluating territories on a national and regional basis. „ petitions for changes to Supreme Court Rules by the stateDepartmentof Workforce Development’s Bureauof and obtainpracticeinmockhearings. for participantswhowanttoimprovetheirinterpretingskills Court InterpreterProgram. The focusofthetrainingwillbe follow-up tothetwo-dayorientationregularlyoffered bythe qualified interpreter,” Capatisaid. have setmattersoverbecauseofaninabilitytolocatea in interpretersfromotherstatesatconsiderableexpenseor problematic forcourts.Onoccasion,thecourtshavebrought interpreters forlesscommonlanguageshasbeen 40 different languages.Locatingtrained andqualified languages, Capatisaid. accommodate anincreasingdemandforinterpretersofrare one ofthelatestefforts thatwillhelp thecourtsystem Program ManagerCarmel A. Capati. The workshopisjust session tobeheldduringSeptember, saidCourtInterpreter of courtinterpreterswhospecializeinrarelanguages. youth educationprogramaboutshoplifting,arestitution court. The program,whichoffers familyconferencing,a offenders, whoarereferredtotheprogrambyjuvenile coordinators, toldtheState Bar, whichannouncedtheaward. stakeholders,” Atty. Anza D’Antoni,oneoftheproject behavior throughacooperativeprocessthatincludesallthe that emphasizesrepairingtheharmcausedbycriminal (MCRJP) waslaunchedfiveyearsagobasedonatheory Grant competitionprojectoffered throughtheState Bar. Program. Marathon CountyRestorativeJustice to provideinformationonthe Achievement with an Award ofExceptional honored bytheState Barof Wisconsin discussion which addressednotonlylocalpartnerships and participated inthis half-daysession.Participants engagedin than 20representatives frombothstateandtribal courts cooperation. The eventwasheldin Trego onMay29.More designed topromotecommunication, collaboration,and Technical Collegeheldanothercrackerbarrelconversation, T training rare-language Law Foundation tosupport grant T I By ShellyCyrulik,Policy Analyst, OfficeofCourtOperations conversationDistrict 10holdscracker barrel Web siteenhancesrestorative justiceprogram During June,theDirectorofState Courtspartneredwith The workshop,whichislimitedto16participants,a “In 2007and2008,thecourtusedinterpretersofatleast The fundingwillbeusedforatwo-and-a-halfdaytraining Currently, theMarathoninitiativeonlyhandlesjuvenile “The MarathonCountyRestorativeJusticeProgram The Web sitewascreatedlastyearthrough theLocalBar Wisconsin Tribal Judges Association, andFox Valley n partnershipwiththeState-Tribal JusticeForum,the grant totheDirectorofState Courts Office fortraining he Wisconsin LawFoundationhasawardeda$2,000 Association (MCBA)hasbeen he MarathonCountyBar for creatinga Web site [email protected] or(608)266-8635. For more information,contactCarmelCapatiat requests,” saidCapati. whole isexperiencinganincreaseinrarerlanguages language needsforinterpretation,thecourtsystemasa Capati said. most courtsaroundthestaterelyoninterpretersregularly, language andotherculturalbarriers. To ensureequalaccess, countries appearingincircuitcourtproceedingswith result, therearemorefamiliesandindividualsfromother increased 30.1percent,from193,751to252,150. As a and 2007,theforeign-bornpopulationin Wisconsin totaling $6,000forthistraining. Program (CCIP)andthe Wisconsin Asian Bar Association, training, alongwiththeChildren’s CourtImprovement BMRLS hasoffered financialassistance againforthis attend trainingsessionsforcourtinterpreters.DWD- languages suchas Arabic, Russian,Somali,andBurmeseto which providedscholarshipsforindividualsfluentin Migrant, RefugeeandLaborServices(DWD-BMRLS), The Web sitecanbefoundat:www.mcrjp.org. benefit fromtheprogram. Web sitehasbeenbeneficialinreachingthosewhocould foundations throughthe Victim-Assistance Trust Fund. donations madebyareabusinesses,civicgroupsand state Office ofJustice Assistance, aswellthrough Marathon CountyDepartmentofSocialServicesandthe Society of Wisconsin. The programisfundedthroughthe Department ofSocialServicesandChildren’s Service drug-related charges, wascreatedbytheMarathonCounty project, andaprogramforyouthfacingalcoholorother Analyst at For more information pleasecontactShellyCyrulik, Policy for Wednesday Sept.30inCrandon. improve communicationbetween stateandtribalcourts. statewide toassistinrelationship-building andthatcould collaborations, butalsoefforts thatcouldbeemployed “While Spanishrepresentsabout80percentofthecourts’ According totheMigrationPolicyInstitute,between2000 In acceptingtheaward, Atty. Alan Hougumsaidthe The 9thDistrictcrackerbarrelconversation isscheduled michelle.cyr ulik@wicour „ „ ts.gov „ r(0)266-8861 or (608) .

THE THIRD BRANCH 2009 Summer 7 8

Summer OBITUARIES 2009 Judge Edwin C. Stephan served as district attorney for Door County from 1959-64.

THE THIRD BRANCH Stephan was a member of the Knights of Columbus, Door County and Circuit Court Kiwanis, the Door-Kewaunee Bar Association, where he had Former Door County and Circuit Court Judge Edwin C. served as president, and the State Bar of Wisconsin. Stephan passed away on June 10, at the age of 87. According to an obituary, he enjoyed golfing, bowling and Stephan was elected to the bench in 1968 and served for playing bridge. 20 years. After his retirement, he continued to serve as a Stephan is survived by his wife, Joanna; three children, reserve judge for 10 years. Susan, Greg, and Mary; seven grandchildren; eight great- Born in Sturgeon Bay, Stephan received his law degree grandchildren; and one brother. from UW Law School in 1948. From 1944-46, he served in the U.S. Navy as postmaster aboard the ship Presaido. He see Obituaries on page 17 Newspaper gets scoop on judge’s sister resident Barack Obama enjoyed a Wisconsin delicacy on PJune 20, thanks to Wisconsin native Liz Davis, sister of Waukesha County Circuit Court Judge J. Mac Davis. Obama brought his daughters, Malia and Sasha, to Davis’ custard shop, the Dairy Godmother, in Alexandria, Va., the Milwaukee Journal Sentinel reported. Davis told the Journal Sentinel that she was informed by the Secret Service of the visit five minutes before the president’s arrival. “The shop was full of customers. They clapped a little bit, everybody just looked really pleased,” she said. Davis’ shop offers other Wisconsin favorites, including Milwaukee-brewed Sprecher root beer and Klement’s brats. Obama stuck with the custard, ordering vanilla with hot fudge and almonds. Davis also gave the president some frozen dogs treats for the first dog, Bo. Obama is not the first president Davis has met. As the daughter of late Wisconsin congressman Glenn Davis, she had the opportunity to meet Lyndon Johnson, Richard Nixon, and Gerald Ford.

How did the president’s visit affect business? “We got a Photo credit: Daniel Schofield lot of people we’ve never seen before, who wanted to sit in the same chair (that Obama used) and eat the same sundae,” President Obama and his daughters place their order at the Dairy Godmother custard shop. Owner Liz Davis is the sister Davis told reporter Craig Gilbert of the Journal Sentinel. of Judge J. Mac Davis, Waukesha County Circuit Court. Sentencing Positive Adjustment Time rules continued from page 3 z For inmates sentenced for a when the inmate has served his or her also deletes statutory misdemeanor or nonviolent Class F to I term of confinement minus positive language requiring the court felony who do not pose a high risk of adjustment time he or she has earned. to consider sentencing reoffending (except for certain sex z For inmates sentenced for a Class F to guidelines adopted by the offenders and persons who committed a I felony that is a violent offense, one Sentencing Commission or prior violent offense), one day of day of positive adjustment time for to consider any applicable positive adjustment time for every two every three days of compliance. The temporary sentencing days of compliance with prison rules inmate may petition the ERRC for guidelines adopted by the and assigned duties. DOC must release release to ES when the inmate has 1997 Criminal Penalties these inmates when they have served served his or her term of confinement Study Committee. the confinement portion of their minus positive adjustment time he or The Director of State bifurcated sentence less positive she has earned. Courts’ Office will be adjustment time; z For inmates sentenced for a Class C working with the Office of z For inmates sentenced for a to E felony (excluding certain sex Judicial Education and with misdemeanor or nonviolent Class F to I offenders), one day of positive judges who have been felony who pose a high risk of adjustment time for every 5.7 days of actively involved in reoffending (except for certain sex compliance. The inmate may petition legislation and JRIO to offenders and persons who committed a the ERRC for release to ES when the develop more extensive prior violent offense), one day of inmate has served his or her term of educational materials about positive adjustment time for every three confinement minus positive adjustment these sentencing changes. „ days of compliance. The inmate may time he or she has earned. „ petition the ERRC for release to ES C. Desai Crabb District openingcreatedbythedecisionofJudge commission's listofsixrecommendationsforthe Western Meyer Crosse CountyCircuitCourtandMadison Atty. the commissionincludedJudge number ofthecandidates.Otherfinalistsrecommendedby Federal NominatingCommission,whichintervieweda created bytheretirementofJudge U.S. DistrictCourtforthe Western Districtof Wisconsin President Obamaforconsiderationtofillthevacancyon Butler, Jr. names offormer Wisconsin SupremeCourtJustice told the wait togetinside. outside thecourthouse,reportingthattheywerenotgoingto she receivednumerouscallsfromjurorsstandinginline headaches forcourtstaff, the morning, butthechangeprovidedsomeearlymorning 30 minuteslaterthanusual. Walker county employees. by longlines,duetoa35-hourworkweekimposedonmost visitors totheMilwaukeeCountyCourthouseweregreeted Marquette LawSchoolgraduate presided. and severalsurroundingcounties. Judge Milwaukee attention in media generated The case encounter. bitten inthe dog was off-leash leashed. The which were down dogs, chased dog that off-leash defendants ( located inMilwaukeeCounty, featuredtwounusual deadline for submitted finalnamesforCrabb’s seatasofpublication the who hasfollowedinherfatherand grandfather’s footsteps, is MilwaukeeCounty CircuitCourtJudge Her grandfather, The The fourfinalistsforShabaz’s seatalsoappearonthe U.S. Sens. Fourteen individualssubmittedapplicationstothe “It tookpeoplewelloveranhourtogetin,”Schumann Jury ServicesCoordinator An arbitratorthrewout Walker’s mandatelaterinthe The linesformedasaresultofCountyExecutive Law isintheCimplfamilyblood. Justaskrecent hearingearlierthisyearinSt. FrancisMunicipalCourt, A PEOPLE Wisconsin LawJournal Wisconsin LawJournal . to takeseniorstatus.Roundingoutthatlistare ’s mandate,whichmeantcourthousedoorsopened Law Journal and and Madison Atty. see accompanyingphoto The Third Branch. Herb Kohl David E.Jones Francis Municipal Court earlier thisyear. Two dogsappearedduringproceedingsinSt.

Richard F. Cimpl Photo credit - Allen Fredrickson . and reports. Cimpl-Weimer’s father Lori Watson-Schumann Russ Feingold Law Journal . KohlandFeingoldhadnot William M.Conley reported onJune29that Allison E.Cimpl-Weimer Ramona A. Gonzalez Ramona A. John Shabaz , hasbeenpracticing law ). The caseinvolvedan ee C.Hemmer Peter Dennis R.Cimpl reported. submitted the . Stephen J. Barbara to Louis B. Scott said Anuj , La , . burn, hetold eggs movingsotheywon’t scrambled egg?Keepingthe Beer’s secretfortheperfect attended theevent. What’s eggs forthe5,000dinerswho Davis volunteers, includingRep. worked alongsideother on theFarmMay30.Beer annual GreenCountyBreakfast volunteered asacookforthe his gavelforaspatulawhenhe reopened onMay 14,andall be cancelled. The courthouse scheduled courtappearancesto following day, causingall courthouse remainedclosedthe Telegram fire inthebuilding, evacuated onMay12duetoa County Courthousewere the MilwaukeeChildren’s CourtCenterandintheU.S. Court Judge Journal Wisconsin Law Law bythe Leader inthe been named attorneys have the family. up fordebatein the benchisstill father’s pathto follow inher Whether shewill the my goal,”shetold has alwaysbeen on trial,sothis house, wewouldplaycourtwithSesameStreet characters career pathwouldbefromanearlyage.“Insteadofplaying for almost60years. Weimer-Cimpl saidsheknewwhather Joseph R.Wall Employees attheEauClaire Two Wisconsin Law Journal , R-Oregon,toscramble . Attorney andformerMilwaukeeCountyCircuit reported. The Joseph R. Wall The Monroe Times . Law isafamilytraditionfortheCimpls. Leader- Judge Journal what happened,”shetoldthe system andnotreallyunderstand many peoplecangothroughthe past 18years.“It’s amazinghow defending herclientsoverthe education teachertoassistherin Public Defender trafficking cases. Assistant State public corruptionandhuman currently workstoprosecute Attorney’s Office, wherehe used herbackgroundasaspecial Brett Green CountyCircuitCourt was nominatedforhisworkin . James R.Beer year. used atthebreakfastevery Farm. About 21,000eggsare County Breakfastonthe eggs SaturdayattheGreen hand atmakingscrambled Judge JamesBeerstrieshis Green CountyCircuitCourt . see People Ellen Henak traded in on page 16 Law has

Photo credit: The Monroe Times

Photo credit: Wisconsin Law Journal THE THIRD BRANCH 2009 Summer 9 10

Summer Five district chief judges reappointed 2009 THE THIRD BRANCH

Chief Judge Jeffrey A. Chief Judge Darryl W. Chief Judge C. William Chief Judge William D. Chief Judge Benjamin Kremers Deets Foust Dyke D. Proctor he Wisconsin Supreme Court has re-appointed five Croix, Sawyer, and Washburn counties): Benjamin D. Tcircuit court judges to continue serving as chief judges Proctor, Eau Claire County of their respective judicial administrative districts: The chief judges begin their new terms on Aug. 1. They District 1 (Milwaukee County): Jeffrey A. Kremers, are eligible to serve a maximum of six years in this Milwaukee County leadership role. District 4 (Calumet, Fond du Lac, Manitowoc, Wisconsin is divided into 10 districts for purposes of Sheboygan, and Winnebago counties): Darryl W. administering the state court system. Each district has a Deets, Manitowoc County management team consisting of a chief judge, a deputy chief District 5 (Dane, Green, Lafayette, and Rock judge, and a district court administrator. Chief judges counties): C. William Foust, Dane County manage the flow of cases, supervise personnel, develop District 7 (Buffalo, Crawford, Grant, Iowa, Jackson, budgets, and meet monthly as a committee to work on issues La Crosse, Monroe, Pepin, Pierce, Richland, of statewide importance. With the exception of Milwaukee, Trempealeau, and Vernon counties): William D. Dyke, where the chief judge is a full-time administrator, chief Iowa County judges and their deputies maintain court calendars in District 10 (Ashland, Barron, Bayfield, Burnett, addition to handling administrative matters. „ Chippewa, Douglas, Dunn, Eau Claire, Polk, Rusk, St. Judicial assistant wins big on ‘Jeopardy!’ ngrid Nelson, judicial assistant to Supreme Court Chief IJustice Shirley S. Abrahamson, did the court system proud with her showing on “Jeopardy!” in June. In her first game, she defeated a two-time champion and came away with $17,601. Defending her title, she won again and added $10,201 to her winnings. Things didn’t go as well in the third game, though; despite a valiant effort to come from behind late in the game, she ended up finishing second by just $999. “It’s still a little surreal for me to realize I’ve actually been on ‘Jeopardy!’” Nelson said. “I had such a great time at the taping and met a lot of really fun people.” Check out Ingrid’s post on the “Jeopardy!” Winners’ Blog at: http://www.jeopardy.com/winnersblog.php?view=archive&week =2009-06-22 for all the details on qualifying for the show, backstage jitters, and reflections on the “Jeopardy!”

experience. „ Productions, Inc Photo courtesy of Jeopardy! RETIREMENTS Ricki Briggs attempted homicide after shooting six deer hunters. Briggs said it was an interesting experience having to select jurors Sawyer County Clerk of Court from Madison, since there was concern regarding the amount After serving nine years as clerk of court for Sawyer of pretrial coverage in Sawyer County, where the trial took County, Ricki Briggs retired in April. Prior to her place. appointment to the Clerk’s Office in 2000 by Sawyer Briggs said she will miss her co-workers and the people County Circuit Court Judge Normal L. Yackel, Briggs she had contact with while serving in the clerk’s office. Her served as a judicial assistant since 1982. plans include gardening and chauffeuring her grandsons. She Briggs said serving as the clerk of court during the Chai said she may eventually look for part-time work, but so far Vang trial was a learning experience. Vang was charged in she has not been bored and has enjoyed the opportunity to 2005 with six counts of homicide and three counts of spend time outdoors. „ 11

Summer 2009 Appellate eFiling comes to Wisconsin he Wisconsin Members of the public Supreme Court and can view eFiled briefs by THE THIRD BRANCH T Court of Appeals is linking to the documents receiving briefs, no-merit through the Supreme Court reports, petitions for and Court of Appeals Case review, and appendices in Access Web site. electronic form, thanks to Wisconsin’s eFiling a collaborative effort system is available to between CCAP, the attorneys and self- appellate courts, and the represented litigants who office of the Clerk of the want to file documents Supreme Court and Court electronically through the of Appeals. court Web site, The project, which has www.wicourts.gov. been nearly two years in Wisconsin's eFiling development, took several system is available to steps to implement: the attorneys and self- drafting and adoption of represented litigants who new procedural rules to want to file documents govern appellate eFiling; the adaptation of CCAP’s circuit electronically through the court Web site, www.wicourts.gov. court eFiling system to the appellate courts; the Users need to select the “Appellate court eFiling” button modification of the SCCA case management system to on the right side of the screen, follow the link to “Go to the accommodate electronic documents; and the appellate court eFiling Web site,” then “Create an account,” implementation of new clerk’s office procedures. It has and follow the directions. An attorney needs to register only been a sustained effort, culminating in the activation of the once to use the eFiling system in the circuit court and new system on July 1, the effective date of the new rules. appellate courts or to use the continuing legal education Under the new rules, the filing of an electronic copy of all (CLE) reporting system. briefs, no-merit reports, and petitions for review (and During the first half of 2009, Supreme Court Clerk David responses) is mandatory for attorneys and optional for the Schanker gave presentations on the eFiling system and the self-represented. Electronic versions of appendices to these new appellate rules to bar associations, the Department of documents may be submitted to the court, but will not be Justice, the State Public Defender, and the Wisconsin Legal required. Assistants Association (in Milwaukee and Madison). He also Once submitted and accepted for filing, eFiled documents presented a “Webinar” on appellate eFiling through the State will be available on-line to judges, court staff, the parties Bar of Wisconsin on July 9. Instructional materials is also and/or their attorneys, and, in the case of briefs, to the available on the courts’ Web site. „ general public. Appendices will not be available online. Online payment of court fees grows nline payment is off to an excellent start, as on circuit court cases. Those debtors use the WCCA Web site Oparticipating circuit courts have collected $815,912 to make payment online using a credit card or electronic since Consolidated Court Automation Programs (CCAP) debit from a checking account. added the ability to pay fines, forfeitures, and other debts via The electronic payment automatically updates the CCAP the popular Wisconsin Circuit Court Access (WCCA) Web case management system and the WCCA Web site. This site. improves court efficiency, as circuit court clerk staff does not CCAP began piloting the electronic payment program for need to perform any additional data entry to the case record. outstanding receivables with Kenosha and Washington Circuit court staff reconcile electronic payments received counties in 2007 as part of the eFiling pilot. Since then an with their bank statements. additional 25 counties are participating in the ePayment Looking to the future, CCAP is working with the program. From January to June this year, participating Department of Administration and US Bank to enable the circuit courts collected over $454,490 from the ePayment use of VISA credit cards. Currently the system is limited to system. MasterCard for credit card transactions. Collections should Interest is growing as budgets continue to shrink. Another continue to grow when users are given a choice of credit six counties have completed the paperwork US Bank requires cards to complete their financial transactions. The ePayment to participate in the ePayment program and two counties program provides a mechanism for the public to settle any have started the process or plan to start soon. outstanding debt with the circuit courts without requiring a CCAP created the integrated online payment system trip to the court house or sending a check in the mail. through a partnership with US Bank, the state of Wisconsin’s Payment can be made 24 hours a day, seven days a week. credit card vendor, and the Department of Administration. For courts, credit card payments reduce additional data entry Counties that choose to accept payment via WCCA collect and the number of checks that are returned for insufficient unpaid fees, fines, and forfeitures from debtors owing money funds. „ 12

Summer MILESTONE 2009

THE THIRD BRANCH Judge celebrates 50 years on the bench ormer Buffalo/Pepin County Circuit Court Judge Gary probate. He has also continued to FB. Schlosstein celebrated a milestone last year – serving do mediation work. 50 years as a judge and reserve judge. Schlosstein has stayed busy off Schlosstein was appointed to the Buffalo County bench in the bench, too. He was an 1958, after the retirement of Judge G. L. Pattison. He won organizer of the Buffalo County election to his first full term the following year. In 1974, Historical Society and currently Buffalo and Pepin counties were combined to create one holds the position of county judicial district, and Schlosstein served as judge for both historian. He has created and counties until his retirement in 1990. funded a grant foundation that During his time on the circuit court bench, Schlosstein funds projects within Buffalo was a member of several judicial committees, including the County. His interest in collecting Judicial Council, the Board of Juvenile Judges, and the ancient arms and armor has led to Judicial Education Committee. He has also served as an the formation of Castlerock Judge Gary B. editor of the Wisconsin Benchbook and as an instructor for Museum, which is located across Schlosstein the Judicial College. the street from the Buffalo County Since his retirement, he has continued to serve on the Courthouse. The museum houses Schlosstein’s extensive bench as a reserve judge as well as court commissioner for collection of European arms and armor dating from Roman Buffalo County, where he handles traffic, small claims, and times to the American Revolution. „

District trainings offered on evidence-based practices and substance use By Erin Slattengren, Office of Court Operations his fall, each judicial district will offer a one-day training necessary discussions to generate ideas and problem-solve Tworkshop titled Stop the Revolving Door: Evidence- on the local level. In addition to judges, local “teams” of Based Responses to Drug and Alcohol Use. The training is justice system and child welfare professionals will be invited made possible by JEHT Foundation and Children’s Court to participate. Improvement Program funding. Faculty members will The trainings will take place on the following dates and at include Dr. Richard Brown of the University of Wisconsin the following locations: Department of Family Medicine, an innovative teacher and District 9, Tuesday, Aug. 25, Northcentral Technical expert on substance use and effective interventions; Judge College, Wausau Michael J. Rosborough, Vernon County; Judge Lisa K. Stark, District 10, Thursday, Aug. 27, Heartwood Conference Eau Claire County; Judge Mary Triggiano,Milwaukee Center, Trego County and Donna Muller, Wisconsin Department of District 7, Thursday, Sept. 10, House on the Rock Corrections field supervisor. Resort, Spring Green Participants of this workshop will discuss and learn the District 5, Friday, Sept. 11, Holiday Inn Hotel & following: Suites, Madison z The continuum of substance use, and the causes of District 8, Monday, Sept. 14, Stone Harbor Resort, substance use disorders. Sturgeon Bay z How to assess a substance-using individual’s risk to District 4, Tuesday, Sept. 15, Holiday Inn, Manitowoc children, families, or communities in terms of abuse, District 3, Wednesday, Sept. 16, Marriott Milwaukee neglect, violence and other crime. West, Waukesha z How to identify research-based treatment strategies District 6, Thursday, Sept. 17, Wilderness Territory, and options, their possible advantages and Wisconsin Dells disadvantages for various individuals, and their District 2, Thursday, Oct. 8, Kenosha Civil War availability in your community. Museum, Kenosha z How to apply research in targeting available criminal District 1, Friday, Oct. 9, Wisconsin Club, Inc., justice and treatment resources to optimize outcomes. Milwaukee „ z How to collaborate with justice system and community partners to provide evidence-based programs and For more information, contact Erin Slattengren, special services. projects manager, at [email protected] or z How to advocate for the expansion of evidence-based Michelle Jensen Goodwin, Children’s Court Improvement resources in your community. Program director, at michelle.jensen- Collaboration among justice system and child welfare [email protected]. professionals, as well as other community partners, is necessary to optimize outcomes and understand local resources. The workshop will be focused on fostering J assigned to Wisconsin. Honolulu. Gao Yudong wastheonlydelegationmember dispersed todifferent statesfollowingaone-weekstayin lawyers; thegroupbeganitsU.S. visitinHawaiiand other justicesandstaff. in the Wisconsin SupremeCourt, andintroducedhertothe and Senate,permittedhertositinchairbehindthebench Annette KingslandZieglergaveheratourofthe Assembly judgeship candidates. she hadanopportunitytositinoninterviewswith Circuit CourtandDaneCountyCourt,where visited MilwaukeeChildren’s Court,MilwaukeeCounty Trial Lawyers. an exchangeprogramthroughthe American Academy of Beijing, visitedMadisonandMilwaukeeinMayaspartof state trainingprogramfocusingontheroleofcourtsin funds. training programsthankstoSTOP Cases Cases Institute’s and courtcommissionershaveattendedtheNationalJudicial addressing domesticviolence. specifically toaddressthecourt’s uniquechallengesin training onbestpracticesinasettingthatisgeared other courtpersonneltoparticipateinin-stateandnational funding forjudges,courtcommissioners,clerksofand funds. topics andthebestuseofSTOP advises thedirectorofstatecourtsonpossibletraining district attorney, adistrictcourtadministratorandothers, court commissioner, aclerkofcourt,publicdefender, a disciplinary groupofcourtprofessionals,includingjudges,a domestic violenceand/orsexualassaultareprevalent. court systemtoimprovepracticeswhenissuesof funding, helpsprovidetrainingopportunitieswithinthe by the Wisconsin Office ofJustice Assistance. from theOffice of Violence Against Women, administered Beijing lawyer visits Wisconsin courts Beijing lawyer visitsWisconsin S By ErinSlattengren,OfficeofCourtOperations practices improve court to STOP provides Grant opportunities ICNI CONNECTS WISCONSIN Gao Yudong waspartofadelegationnineChinese Gao Yudong alsovisitedtheCapitol, whereJustice During hertwo-weekstayin Wisconsin, Gao Yudong Additionally, in2006,theDirector’s Office heldanin- Over thelastfouryears,morethan35 Wisconsin judges fundshaveallowedtheDirector’s Office toprovide STOP Grant Advisory Committee,amulti- The STOP “Services, Training, Officers, Prosecutors,”orSTOP legislation forthecountry’s Legislative Affairs Office in ane Gao Yudong, aChineselawyerwhodrafts received federalDepartmentofJusticegrantfunding ince 2004,theDirectorofState CourtsOffice has , and , Continuing JudicialSkillsinDomesticViolence Enhancing JudicialSkillsinDomesticViolence Enhancing JudicialSkillsinElder Abuse Cases „ [email protected]. Slattengren at(608)261-0684or Grant,contactErin For informationabouttheSTOP order practicesinthecourts. funds toassistwithaprojectinassessinglocalrestraining better servethesepopulations. We havealsousedSTOP standard restrainingorderformsintoSpanishandHmongto technical projectsincludingtranslationofsomeour members, andcourthousepersonnel. maintain asafeenvironmentforcourtusers,community learning howtomaximizeresourcesenhanceand critical. environment forthepublic,employees,andofficials is safety asapriority. Ensuringasafeandsecurecourthouse security. Courtstaff andcourtusersidentifiedcourthouse conduct astate-levelconferenceoncourtsafetyand partner withFox Valley Technical CollegelastMarchto members. was taughtbybothjudicial-andvictim-specialistfaculty and courtcommissionerstookpartinthistraining,which cases andcourtroomprocesses. Approximately 150judges Another trainingseriesin2008focusedonsexualassault and courtpersonnelinalljudicialdistricts Wisconsin. domestic violencecasesthatservedmorethan130judges included twoweeksinWisconsin. Annette KingslandZieglerduring anexchangeprogramthat Jane Gao Yudong, aBeijinglawyer, visited withJustice We havealsobeenabletofocussomeefforts onmore The conferencewasdesignedforthoseinterestedin fundingalsohelpedallowtheDirector’s Office to STOP „

THE THIRD BRANCH 2009 Summer 13 14

Summer Six new circuit court judges appointed 2009 ov. Jim Doyle has appointed six new the vacancy on the Branch 5 bench created by

THE THIRD BRANCH Gjudges to fill vacancies in circuit courts, Judge Diane M. Nicks’ retirement (see The including three in Dane County and three who Third Branch, spring 2009). McNamara were elected to the circuit court in April (see received his law degree from the UW Law The Third Branch, spring 2009). School and has worked as a private practice The early appointent of the newly elected attorney. judges will allow them to take the bench earlier “It will be an honor to be a part of a court that than the otherwise scheduled start date, Aug. 1. demonstrates respect for the law and sincere On July 8, 2009, Doyle appointed three new compassion for all who appear,” McNamara judges to fill vacancies on the Dane County said in a press bench. release. z Peter C. Anderson z The Branch 4 will serve in Branch vacancy created by Nicholas J. McNamara 17. Since 2001, he the retirement of has served as an administrative Judge Steven D. Ebert (see The law judge with the Division of Third Branch, winter 2009) will Hearings and Appeals. Anderson be filled by Amy R. Smith. received his law degree from Smith, who received her law Harvard Law School. He will be degree from UW Law School, filling the vacancy created by the has served as the deputy retirement of Judge James L. secretary for the Wisconsin Martin (see The Third Branch, Department of Corrections for spring 2009). the past two years. She Amy R. Smith zNicholas J. McNamara will fill Peter C. Anderson see New judges on page 17 Roundtable talks with media help keep judges in the loop id you know that many print reporters are now including shrinking staffing levels, growing Web presence Dvideotaping court proceedings for use on the Web? That and the advent of blogging and Twitter. bloggers, in some jurisdictions, are being admitted to court Judge-journalist meetings have already been held in hearings as journalists? That subscription-based Web sites Wausau, Kenosha, and Madison. Another is planned for Eau aimed at lawyers are offering on-demand video of court Claire in July. Court Information Officer Amanda K. Todd is proceedings in “high-stakes” civil cases? working with chief judges and district court administrators Profound changes are taking place in the media, and the to plan these events. Director of State Courts Office is responding with a project While meetings have been held in the past as needed, this to bring together judges and journalists in each of marks the first organized, statewide effort to bring judges Wisconsin’s 10 judicial districts to open lines of together with the media for discussions about coverage of communication. The project aims to help judges make sense the courts. „ of changes that might have an impact on the courts, New juvenile court clerks orientation offered ew juvenile court clerks with three years or less of Kathy Powell, juvenile court clerk from Jackson County Nexperience went through an orientation program as part who served on the committee and also as a mentor, said, of a new addition to the annual Wisconsin Juvenile Court “This was a great idea. I am pleased to be a mentor; it was Clerks’ Association (WJCCA) conference April 22-24. others mentoring me that put me on the fast track to learning WJCCA partnered with the Children’s Court Improvement my duties.” Program to host the annual conference. The planning Evaluations indicated all of the participants either agreed committee developed a two-hour program to introduce and or strongly agreed that they knew where to find the pair new clerks with more experienced clerk-mentors. resources available to help them do their job after The program provided an opportunity for clerks to share participating in the orientation. Additionally, 95 percent of their knowledge and expertise on frequently asked questions attendees agreed or strongly agreed that they received and for clerks and mentors to get to know each other. A information that was new to them from the program. binder of materials and resources to assist the new clerks Next year’s WJCCA conference will be held at the was shared with all orientation attendees. Crowne Plaza Milwaukee in Wauwatosa on April 21-23, Jamie Kleutsch, Taylor County, who began in her role 2010. The conference will include an orientation session June 2007, said she was looking forward to having an and will also provide an opportunity for participants to experienced clerk as a resource she could turn to when in an observe in Children’s Court. „ unfamiliar situation. or amendingthependingpetitionsupplementalpetition, requires thepersontofileanoticeaffirming, withdrawing, response toatimelymotionforreconsideration,thebill Supreme Courtbeforetheof Appeals issueda a personfiledpetitionorsupplementalinthe timely motionforreconsiderationofitsdecisionororder. If Court untilaftertheof Appeals issuesaresponseto filing ofapetitionorsupplementalintheSupreme courts andlitigants. promote efficiency for Supreme Courtto review inthe Wisconsin and apetitionfor the Courtof Appeals for reconsiderationin the filingofamotion procedures relatedto clarifies theappellate Bill 122) Act 25–(Assembly below: Bureau, areprovided Legislative Reference Office andthe by theGovernor’s information provided bills, basedon procedural changes. important appellate Sun PrairieandSen.Lena Taylor, D-Milwaukee,make the Council. The bills,introducedbyRep.GaryHebl,D- and SupremeCourtjustices,includingseveralwhoserveon Capitol onJune19. The ceremonywasattendedbyjudges Doyle duringaceremonyinthe Assembly Parloratthe T Governor signsJudicial Councilbillsintolaw June 9. the SupremeCourt HearingRoomonMay18.UW LawSchoolswearing-inceremonies wereheldintheHearingRoom on Supreme CourtJustice DavidT. Prosserswearsinone offivegroups ofMarquette LawSchoolgraduatesduring ceremoniesin This billprohibitsthe Summaries ofthe Judicial CouncilweresignedintolawbyGov. Jim hree billsrequestedforintroductionbythe Wisconsin amends and Court; andGregWeber (designatedbyattorneygeneral). District ICourtof Appeals; JudgeMaxine A. White,MilwaukeeCountyCircuit Stephens, designatedbythestate publicdefender;JudgePatriciaS.Curley, Behind thegovernor, fromleft toright,areJudicial CouncilmembersMarla On June19,Gov. JimDoylesignedthreebills addressingappellateprocedure. notwithstanding thefactthatfinaljudgmentororder juvenile uponreview or amotionchallengingadmissibilityofthestatement the reviewofordersdenyingamotiontosuppressevidence admission ofguiltoranocontestplea. This billalsopermits the factthatfinaljudgmentororderwasenteredonan an appealfromafinaljudgmentororder, notwithstanding commitment assexuallyviolentpersonsorduetomental delinquent, protectiveservices,personssubjectto involving children(Children’s Code),juvenilesallegedtobe integrated appellateproceduresforcriminalcasesand Act 26–(AssemblyBill123) within 14daysaftertheCourtof Appeals decision. from afinaljudgmentororder, see clarifies andestablishes Judicial Council defendant aspartof statement ofa admissibility ofa motion challenging evidence ora to suppress denying amotion review ofanorder on appeal. evidentiary rulings challenge certain contest pleacan a guiltyorno defendants entering 124) (Assembly Bill Act 27– disease ordefect. reason ofmental found notguiltyby abuse, andpersons health ordrug This billpermits clarifies when on page 21

THE THIRD BRANCH 2009 Summer 15 16

Summer PPAC meets with Supreme Court, sets priorities 2009 By Shelly Cyrulik, PPAC Policy Analyst he Planning and Policy Advisory Committee (PPAC) z Sentencing alternatives and strategies to reduce THE THIRD BRANCH Theld a joint meeting with its planning subcommittee and recidivism the Supreme Court during April. Attendees heard updates z Assistance to self-represented litigants from PPAC subcommittees and court staff on the budget and pending legislation. Judicial Appointment and Selection PPAC broke into workgroups for a facilitated session by This process is a result of the recently approved enhanced the PPAC planning subcommittee. Workgroups were strategic planning process that was adopted by PPAC last charged with identifying objectives and key action steps for year. PPAC planning is in the process of drafting a each of the four critical issues facing the Wisconsin Court document which will summarize and catalogue this work. System in the 2008-2010 biennium: This document will be presented to PPAC in August and z Improvement of court system funding structure see PPAC on page 21

PEOPLE continued from page 9

cancelled appearances were rescheduled. The fire was in a 5-4 decision, said the Constitution required caused by a transformer in the electrical vault. Xcel Energy disqualification when an interested party’s spending had a cut off power to the building and the Eau Claire Fire ‘disproportionate influence’ in a case that was ‘pending or Department was able to extinguish the fire. District Ten imminent,’” The Times reported. Court Administrator Scott Johnson said Xcel Energy was Four dissenting justices, led by Chief Justice John G. highly praised for their immediate response, as were fire and Roberts, Jr., predicted that the decision would generate a emergency crews. Johnson said there was no permanent flood of groundless recusal motions and undermine damage to any area. confidence in the judiciary, The Times reported. Madison’s weekly newspapers, Isthmus and 77Square, In its petition, the League of Women Voters asks the report that playwright David Schanker (we know him as Wisconsin Supreme Court, in part, “to adopt rules for Wisconsin Supreme Court Clerk David Schanker) was recusal when a party in an action or the lawyers in an action selected as one of three finalists for Wisconsin Wrights, a has previously made a campaign contribution or spent program that fosters the development of new works by money on a media campaign relating to a judicial election Wisconsin playwrights. for a judge who is presiding in the case.” As part of the honor, Wisconsin Wrights staged a public The Wisconsin Realtors Association, Inc. asks the reading of Schanker’s play. “Kiritsis” was performed in Wisconsin Supreme Court to “amend the Code of Judicial Madison on June 4. The reading was intended to help further Conduct to provide that the receipt of a lawful campaign develop the play, Schanker said. contribution by a judicial campaign or an endorsement of a As described by Wisconsin Wrights, “Kiritsis” tells the candidate does not, by itself, warrant judicial recusal.” true story of a small-time real estate developer who, in 1977, The Wisconsin Supreme Court will hold public hearings abducted the mortgage broker who foreclosed on the on the rules petitions this fall. „ property where he had hoped to build a strip mall. Anthony Kiritsis held his hostage for three days, venting his frustration on live radio and ultimately on television. The play explores the relationship between the two men – one volatile and anti-religious, the other conservative and devout – in the pressure cooker of the hostage situation. Schanker, who attended Indiana Law School and worked as deputy chief clerk for the Indiana Supreme Court, said he always wondered what happened during those three days. Two diverging rules petitions pending before the Wisconsin Supreme Court received prominent media attention after the release of a 5-4 decision by the U.S. Supreme Court on June 8. Wisconsin Law Journal The New York Times and Milwaukee Journal Sentinel were among media outlets to mention petitions filed in Wisconsin by the League of Women Voters and the Wisconsin Realtors Association after the U.S. Supreme Court ruled for the first time in Caperton v. A. T. Massey Photo credit: Coal Co. that the Constitution can require an elected judge Nancy Rottier, legislative liaison for the Director of State to step aside in a particular case based on campaign Courts, poses with her son Evan Goyke, a Marquette Law spending in state judicial races. School graduate, after an admission ceremony held in the “The decision… ordered the chief justice of the West Supreme Court Hearing Room May 18. Evan’s father and Virginia Supreme Court to recuse himself from a $50 Nancy’s husband, Gary Goyke, also attended the ceremony, which was one of five held that day involving 151 Marquette million case against a coal company whose chief executive Law School graduates. Evan’s aunt and godmother, Annette had spent $3 million to elect him,” The Times reported. Smith, works in the Clerk of Courts Office for the Supreme “Justice Anthony M. Kennedy, writing for the majority Court and Court of Appeals. online. previously availableonlyinprintformhavebeenposted New judges I systemhandoutsavailable ononline Court appointed FondduLacdistrictattorneyin1950.In1962,he LawSchool. the UW Army SignalCorp.In1949,hereceivedhislawdegreefrom Oshkosh in1939. After graduating,heservedintheU.S. F. McEsseypassedawayonJuly12.Hewas88. Fond duLacCountyCircuitCourt Judge EugeneF. McEssey on thefollowingtopics: programs ofthecourts.Handoutsareavailablefordownload recent activitiesofthedepartments,offices, initiativesand several informationalhandoutsdetailingthefunctionsand County. HertermbeganJune1. 22 yearsasdistrictattorneyforOzaukee fall 2008 retired inFebruary( The courtsystem’s Web site, Branch 1seatwillbefilledbyJill N. z McEssey workedinprivatepracticeuntilhewas McEssey receivedhisbachelor'sdegreefromUW- Former FondduLacCountyCircuitCourtJudgeEugene system moreeasilyaccessible,avarietyofhandouts n aneffort tomakeinformationaboutthe Wisconsin court OBITUARIES Judge SandyWilliams The MarathonCountyCircuitCourt, Interbranch communication:the Wisconsin plan How acasegetstheSupremeCourt Court systemexpenditures Court of Appeals Consolidated Courts Automation Services(CCAP) Clerk ofSupremeCourtand Appeals Clerk ofCircuitCourts Circuit courts Board ofBarExaminers Administrative structureofthecourts ). Williams hadpreviouslyservedfor continued frompage 14 see continued frompage 8 The Third Branch, The Third Branch 3vacancy Circuit Court Ozaukee County will fillthe z Natural Resources Wisconsin Departmentof Department ofJustice,andthe Office, the Wisconsin County District Attorney’s previously workedintheDane McCormack, who Judge JosephD. retirement of created bythe www Sandy Williams .wicourts.gov Judge JillN.Falstad , offers grandchildren. Jr., David,Dennis,Paul,andKathleen;three Unlimited. of Columbus, American Legion,Eagles Aerie, andDucks reserve judge. 1986. Followinghisretirement,hecontinuedtoserveasa became ajudgeforFondduLacCounty, andserveduntil www.wicourts.gov/news/mediaresource.htm. The handoutscanbefoundunderresources formediaat: He issurvivedbyhiswife,Marion;fivechildren,Eugene According toanobituary, hewasamemberoftheKnights 2008 Branch, The Third L. Bainin August 2008( former ChiefJudgeDorothy created byresignationof Falstad. The vacancywas Wisconsin State LawLibrary Teaching tools Supreme Courthistory Supreme Court State BarBoardofGovernors State/federal judicialsystems Seal oftheSupremeCourt Public outreachandeducation Planning andPolicy Advisory Committee(PPAC) Office ofLawyerRegulation Municipal courts Jury service Judicial systemoverview Judicial education Judicial Conference ). Flastad,whoseterm Chippewa Countyfor12years. since 1994. Marathon County attorney for served asdistrict began July6, and servedasacourtcommissioner for Isaacson practicedlawinCadott for30years Sazama ( created bytheretirementofJudge Thomas J. fill thevacancy serving onJuly1to Isaacson willbegin County, JamesM. z In Chippewa „ see summer The Third Branch, The Third see Isaacson Judge JamesM. „ fall 2008 ).

THE THIRD BRANCH 2009 Summer 17 18

Summer Budget continued from front page 2009 percent general wage adjustment, furloughs of non- (TAD) programs that provide alternatives to judicial employees, and additional across-the-board prosecution and incarceration for criminal offenders, THE THIRD BRANCH reductions. excluding violent offenders, who abuse alcohol or z Provide additional county interpreter reimbursement other drugs. funds to reflect increased demand for court interpreter z Expand the eligibility for court record expungement to services, and increase the state reimbursement to include first-time non-violent Class H to I felonies, counties for court interpreter mileage from 20 cents with certain exceptions, and to increase the age limit per mile to the state mileage reimbursement rate (set at to apply to individuals up to 25 years of age. 48.5 cents per mile for 2009-11). z Provide certain protections to tenants in foreclosure- z Provide non-statutory authority for a two-year court related evictions and provide that tenants without a interpreter pilot in which the District Seven Court lien or ownership interest in the property may not be Administrator’s Office would coordinate, schedule and named as parties in foreclosure actions. pay for court interpreter services within the district to z Require domestic partners to be treated in the same begin September 1. manner as spouses with respect to all pension benefits z Provide a two-year extension to a project auditor provided to public employees who are covered under position provided in 2007 Act 20, the 2007-09 biennial the Wisconsin Retirement System and all other budget act, to institute a standardized program for benefits provided to state employees. recording, reporting, and auditing the revenues and Court employees have received a more detailed summary expenditures of Wisconsin’s circuit courts. of the Act as an administrative bulletin. „ z Convert a project assistant litigation counsel position in the Office of Lawyer Regulation (OLR) into a permanent position. z Increase a number of surcharges imposed on fines or forfeitures to provide revenues for executive branch programs, indigent civil legal services, and grants to counties for the treatment alternatives and diversion

eFiling continued from front page management and eFiling systems were made based upon notices and documents. feedback from Washington and Kenosha counties and the Kristine Deiss, Washington electronic filers. The pilot program demonstrated that County Clerk of Circuit Court, eFiling can generate savings in court resources and can be has been participating in the simple and intuitive for attorneys and other filers to use. eFiling project since 2005. “The system is very user- Current status friendly from our perspective. Since the rule took effect, the system has been enhanced The ability of the system to to allow eFiling for family, small claims and most civil case automatically populate data from types in participating counties. Taylor and Clark counties the eFiled documents into our are accepting electronic case filings for all three case types, case management system is and Washington County has expanded its use to include civil wonderful,” Deiss said. and small claims cases. Barron and Ozaukee counties plan While staff must scan any to enable eFiling for small claims filings in the near future. paper documents, creating an all- Jean Bousquet Interest continues to grow; additional counties have electronic file generates savings expressed interest in eFiling and preliminary discussions are of time and money as paper files no longer need to be planned with CCAP staff. opened, checked out, and maintained. “The civil clerk, the accounting supervisor, the judicial Benefits to the courts assistant, and the judge can all access an electronic file for The eFiling system works in the same fashion as information at the same time. Staff can easily bring the case electronic citations. Once an electronic filer initiates a case up and review all documents on their computer monitor, or in a participating county, the filing is held for clerk review. quickly print a copy when requested,” Deiss said. After the clerk reviews and accepts the filing, a case is Clerks also have the option of maintaining a paper file for automatically created based on the information provided by eFiled cases, but are not required to do so. All electronic the filer. Notices are generated and sent to the parties by e- documents are available to view or print from the CCAP mail and filing fees are paid by credit card and automatically case management system. Judges will see benefits in a applied to the case. While personal service is accomplished future CCAP software release as all PDF documents, as usual, subsequent documents are exchanged through the including scanned documents, will be text searchable. eFiling system. Clark County began offering eFiling in March 2009, and Participating counties have seen a reduction in the amount although only ten cases have been electronically filed, the of data entry and other paper-based tasks for eFiled cases. benefits are apparent,” said Clerk of Court Gail Walker, Court staff no longer needs to enter the filing information into the case management system, handle fees, or mail see eFiling on page 19 eFiling, andthereismuchtoconsider. EFilingrequires Each countywilldeterminewhen itisreadytobegin courthouse. publicaccesscomputersinthe documents onCCAP Web site. The publiccanstillseenon-confidential much caseinformationshouldbedisplayedonthecourt Oversight Committeepolicydecisiontoconsiderhow Court Access (WCCA) Web site. This reflectsa WCCA Documents arenotavailablefromthe Wisconsin Circuit attorneys andself-representedlitigantsineachcase. staff. presentations andtrainingsessionswithlocalattorneys staff isavailablefor the eFilingsystem,CCAP demonstration. Additionally, whenacountyimplements technical requirementsforfilingandanonline instructions, answerstofrequentlyaskedquestions, signatures andfilingfeesarepaidwithacreditcard. is availableonline.Pleadingsaresignedusingelectronic is filedbyotherpartiesorthecourt,indicatingdocument timely e-mailmessageswheneveranewdocumentororder services canbedramaticallyreduced. The systemprovides efficient filingprocess,asprinting, postageandcourier a day, sevendaysaweek. The systemdeliversaquickcost- access totheirelectroniccourtfilesanddocuments24hours increased accesstocasefilesanddocuments.Litigantshave documents. Registeredusersassociatedwithcaseshave eCourts account,theyarereadytobeginfilingandreceiving system intuitiveandeasytouse.Oncefilersregisterforan throughout theyear. will beenabledforelectronicsignaturesinsoftwarereleases civil, smallclaimsandfamilycases. Additional documents Currently, thisincludesallCCAP-generated documentsfor computers, theycanelectronicallysignthemaswell. Specific documentscanbeprintedasneeded. computersastheyheareachcase. documents ontheirCCAP Walker said. benefits ofeFiling. so theytoowouldseetheconvenienceandsignificant saying shewishesmoreattorneyswouldgiveeFilingatry terminals,” Walkeradded. orthepublicthroughouraccess filing parties, bythecourtand conveniently viewedthroughCCAP need tosearchforthefile. The entirecasecanbe said. “Whenaccesstothecaseisrequired,wenolonger time spentpreparingapaperfileiseliminated,” Walker Clark County. eFiling Circuit courtsvoluntarilyparticipate ineFilingasdofilers. Access toelectronicdocumentsislimitedthe The eFiling Web siteprovidesnewuserswith Feedback sofarhasbeenpositive,asusersfindtheeFiling Not onlycancourtofficials viewdocumentsontheir In court,judgesandcourtcommissionerscanview “More eFiledcasesmeanmoresavingsforallofus,” Walker hopeseFilingcatchesonamongattorneys, “Very littledataentryisrequiredonourpartandthe When willeFilingbecomeavailable? continued frompage 18 eeisfrfilers Benefits for [email protected] customerservicesmanager, Andrea Olson,CCAP questionsaboutimplementationofeFiling,call For CCAP [email protected] Vandercook intheOfficeofCourt Operations, For legalquestionsaboutthenewrules,pleasecallMarcia http://wicourts.gov/services/attorney/electronicfile.htm Court system Web site: what theyaremissing,” Awen said. who havenotyetregisteredforeFiling,theydoknow Forthose membersofthebar eventually comeon-line. physically delivered. effective andeasytouse,compared tohavingdocuments ( appellate courts. These rulesbecameeffective onJuly1. merit reports,petitionsforreviewandresponsesthe rules requiremandatoryeFilingforappellatebriefs,no- Exposure willincreasestatewideasnewappellatecourt experience withthesysteminparticipatingcounties. institutional casemanagementsystems. district attorneys,thepublicdefenderandotherlarge cases willtakelongerasitrequiredatasharingwith additional casetypes.Expansiontocriminalandjuvenile planstoexpandeFiling and familycases,CCAP electronic files. reorganization againstthelonger-term efficiencies of the front-endcostofstaffing, scanningandoffice are scannedastheyreceived.Clerkswillneedtobalance so countiesmustprovidestaffing toensurepaperpleadings scanning ofpaperdocumentstocreateafullyelectronicfile, www Committee report: www Introductory videoforfilers: on Courtnet. Introductory videoforjudgesandcourtstaff canbefound =pdf&seqNo=32596 www eSignature rule,SCR70.42: =pdf&seqNo=32597 www eFiling rule, Wis. Stats. §801.17: See story, page11 “I cannotwaitforthedaywhenothercounties Milwaukee Atty. Thomas Awen saidthesystemiscost- Interest ineFilingislikelytogrowasmoreattorneysgain While eFilingiscurrentlyavailableforcivil,smallclaims .wicourts.gov/services/public/docs/efileproposed.pdf .wicourts.gov/services/attorney/electronicfile.htm .wicourts.gov/sc/rulhear/DisplayDocument.pdf?content .wicourts.gov/sc/rulhear/DisplayDocument.pdf?content Where canIlearnmore? ) 68 264-6908. , (608) , (608)267-7335. „

THE THIRD BRANCH 2009 Summer 19 20

Summer Reinvestment continued from page 3 2009 treatment required by DOC to address the person’s risk and inmate that is designed to reduce the risk of reoffending and needs. If the person successfully completes the risk allows for flexibility to modify the plan as needed.” THE THIRD BRANCH reduction sentence, DOC must release the person after he or Wisconsin is one of eight states selected to participate in she has served 75 percent of the term of confinement in the Justice Reinvestment Initiative, which aims to reduce prison ordered under the sentence. spending on corrections and to increase public safety Doyle said in his veto message that he partially vetoed through effective, data-driven strategies. provisions to eliminate the specification of details related to Members of the oversight committee included legislators, modifying program plans “because it unnecessarily limits the judges, prosecutors, the director of state courts, the state department’s ability to modify an inmate’s plan.” Doyle said public defender, corrections officials, representatives from his veto “preserves the intent of the provision to direct the law enforcement agencies and a treatment provider. „ department (corrections) to develop a program plan for the

Video continued from front page demands, Albert said. forward to seeing the results from the Dane County pilot If successful, the Dane County program could serve as a project, and taking full advantage of this technology,” model for other counties, where videoconferencing Abrahamson added. equipment often is already available. Juvenile Court and state Corrections officials are still The Dane County project, which is expected to be working on procedures to implement the program, which launched later this year when equipment has been delivered, should be up and running later in the year, Bauman said. is a joint effort by the Dane County Juvenile Court, the state The Dane County Juvenile Court anticipates making space Department of Corrections, and the state court system. available for parents to conduct video visits, roughly The idea for the video visits program stemmed from a between 8 a.m. and 10 p.m., Monday through Friday. Video discussion at the Dane County Juvenile Court’s award visit hours may vary, depending on schedules and the ceremony earlier this year, said John Bauman, Dane County availability of staff at each correctional program and video juvenile court administrator. visit site. In remarks made during the ceremony, Rhonda Voigt, Juvenile Reception Center staff will help coordinate the Dane County Human Services liaison to the state program. Bauman predicted the service may initially be Department of Corrections, discussed the importance of used a few times a week. Dane County typically has family contact for incarcerated juveniles, and how much between 40-50 youth in Corrections facilities at any given difficulty some parents face in arranging visits. time, Bauman said. After hearing Voigt’s remarks, Wisconsin Supreme Court Studies show that juveniles make better progress and have Chief Justice Shirley S. Abrahamson – the keynote speaker fewer behavior issues while in institutions if they have – suggested the idea of using videoconferencing equipment regular contact with their parents or guardians, Bauman said. already in place at many courthouses and other facilities “By utilizing this technology, the hope is that more throughout the state. minority and other parents will have the ability to visit “The video visits program is an attractive proposition, with their children and institution staff, more frequently, not only because it should help reduce recidivism, but also and will help the juveniles do better and shorten their because it should be affordable to implement,” length of time in the correctional placement,” Bauman Abrahamson said. “The Wisconsin court system is looking wrote in the grant application. „

On March 15, justices of the Wisconsin Supreme Court judged the 2009 Mock Trial Finals sponsored by the State Bar of Wisconsin. Xavier High School students represented the plaintiff and Shorewood High School presented the defense in Lee Jones, et al. v. Badger Aeromechanical Corp. Xavier placed first in the statewide competition and went on to place 21st in national competition held in Atlanta in May. The Third Branch A. JohnVoelker Ann Zimmerman Amanda Todd Erin Slattengren Tom Sheehan Nancy Rottier Sara Foster Shelley Cyrulik Jean Bousquet Deborah Brescoll Contributing Writers Sara Foster Associate Editor Amanda K.Todd Tom Sheehan Co-Editors A. JohnVoelker Director ofState Courts Shirley S. Abrahamson Chief Justice (608) 267-0980 fax [email protected] e-mail (608) 261-6640 phone Madison, WI53701-1688 P.O. Box1688 Court InformationOfficer Tom Sheehan and articleideasto: Send questions,comments, court system. interest totheWisconsin Office, providingnewsof Director ofState Courts quarterly publicationofthe The ThirdBranch Sara Foster Graphic Design/Layout Court Iowa CountyClerkofCircuit Carolyn Olson Vernon CountyCircuitCourt Hon. MichaelJ.Rosborough Editorial Committee www.wicourts.gov is a PPAC Edward E.Leineweber, Richland Kenosha CountyCircuitCourt;Judge Appeals; ChiefJudgeMaryK. Wagner, Patricia S.Curley, DistrictICourtof Wisconsin SupremeCourt;Judge include: Justice Ann Walsh Bradley, juveniles allegedtobedelinquent. petition filedincasesinvolving or anadmissiontotheallegationsofa was entereduponapleaofnocontest Judicial Council system’s prioritiesforthenextbudget and otherstoestablishthecourt of court,districtcourtadministrators judiciary, courtcommissioners,clerks internal stakeholdersincludingthe soliciting inputfromthecourtsystem’s the planningsubcommitteewillbe other sources. This summerandfall, National CenterforState Courtsand biennium byreviewingresearchthe issues reportforthe2010-2012 on thedevelopmentofcritical subcommittee recentlybeganitswork planning functionofPPAC. The subcommittee carriesoutthestrategic Appeals DistrictIV. Margaret J. Vergeront, Courtof Appeals DistrictIIreplacedJudge and JudgeLisaS.Neubauer, Courtof Judge JamesEvenson,SaukCounty Rosborough, Vernon Countyreplaced this year. JudgeMichaelJ. welcomed twonewmembersearlier PPAC PlanningSubcommittee activities. PPAC andPPAC subcommittee matters. Belowisanupdateofrecent expeditious handlingofjudicial structure ofthecourtsystemand planning initiatives,theadministrative and thedirectorofstatecourtson put forwardbyPPAC. and implementtherecommendations is thedirector’s responsibilitytoadopt PPAC servesinanadvisorycapacity, it courts forfurtherconsideration. As then submittedtothedirectorofstate Judicial membersoftheCouncil Created in2001,theplanning The planningsubcommittee PPAC advisestheSupremeCourt continued frompage 16 continued frompage 15 Council fortheirworkonthebills. D-Madison; alongwiththeJudicial Taylor, D-Milwaukee,andFredRisser, Staskunas, D-West Allis; Sens.Lena Hebl, D-SunPrairie,and Anthony Circuit Court. Maxine A. White, MilwaukeeCounty County CircuitCourt;andJudge [email protected]. Operations at(608)266-8861or Shelly CyrulikintheOfficeofCourt subcommittees maybedirected to Questions aboutPPAC andits „ current ruletobringthemupdate. collection processsectionswithinthe modify thesecurity, facility, anddata subcommittee isworkingtoreviseand an existingone.Movingforward,the build anewcourthouseortoremodel working withcountiestoeither influence thedesignprocesswhen standards setforthinSCR70.39 panel ofarchitectstodiscusshowthe survey andwasverywellattended. results ofthe“State ofSecurity” breakout sessionfocuseduponthe held inGreenBayonMarch4-6. The Court SafetyandSecurityConference District, ledabreakoutsessionatthe administrator fortheFirstJudicial Perrigo, deputydistrictcourt Dennis J.Mleziva,andBethBishop Subcommittee membersBohren,Judge standards assetforthinSCR70.39. to examinecourtfacilityandsecurity Dane CountyCircuitCourt,continues Court, andJudgeSarahB.O’Brien, Bohren, Waukesha CountyCircuit co-chaired byJudgeMichaelO. PPAC CourtSecuritySubcommittee November. a sessionattheJudicialConferencein cycle. Partofthisprocesswillinclude Gov. DoylethankedReps.Gary Recently thesubcommitteehosteda The CourtSecuritySubcommittee „

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