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The Third Branch, Summer 2009

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The Third Branch, Summer 2009 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).
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