Vol 19 No 4 H I G H L I G H T S Fall 3 Awards 12 Green and gold in judge’s blood 2011 4 Leadership 17 People 7 County drug court sees 50th graduate 23 PPAC update 8 Retirements 30 Court system Web site gets overhaul Supreme Court makes 22nd ‘Wheels’ visit

n Oct. 5, the The effort was OWisconsin apparent to Supreme Court’s onlookers, including 22nd “Justice on one high school Wheels” trip took student who told the the justices to Portage Daily Portage, where they Register that she heard oral argument was surprised to see in three cases. The the justices laughing Court brought in together. a publication of the Wisconsin Judiciary a publication of the Wisconsin standing-room-only Daily Register Portage “It’s more relaxed crowds for all three than you think. cases heard at the There’s a little Columbia County joking,” she said. Administration Justice on Wheels Building and began in 1993 and attended a luncheon may mark its 20th with local officials anniversary in 2013

and the Columbia Photo credit: Jen McCoy/ by rolling out an County Bar Chief Justice Shirley S. Abrahamson presents Rusch Elementary School fifth-grader expanded schedule Association. Elise Kilde with a plaque for her winning essay about civil rights. The award was for visits. Chief Justice presented during the Supreme Court's Justice on Wheels visit to the Columbia Abrahamson Shirley S. County Courthouse in Portage on Oct. 5. presented the idea Abrahamson opened the first oral argument by telling at a recent administrative conference, and Justice David T. attendees that the Court has faced difficulties but is working Prosser Jr. developed a detailed proposal in support of twice- to improve itself in the new term. yearly trips.  Appointments bring ten Reserve judges new judges to the bench step up to help ov. Scott Walker has announced the appointment of one By Susan Byrnes, District Court Administrator, Gnew Court of Appeals judge and nine new circuit court Ninth Judicial District judges in Wisconsin. The circuit court judges’ appointments last eserve judges throughout Wisconsin are being until July 31, 2012. Rrecognized for their efforts in helping to fill temporary vacancies created by a recent spate of Mark D. Gundrum judicial retirements. During the last two years, more than 30 state judges District II Court of Appeals have retired, leaving an unusually high number of Walker appointed Waukesha County Circuit Court Judge Mark judicial vacancies across the state. As a result, reserve D. Gundrum to serve on the District II Court of Appeals, judges have been called on more often and have headquartered in Waukesha. The appointment is effective Nov. responded accordingly, to help get work done. 30 through July 31, 2013. An election The Director of State Courts Office reports that will be held in April 2013. during the first five months of the current fiscal year, “Judge Gundrum will treat the the court system relied on the same amount of reserve citizens of Wisconsin with respect, judge usage that was recorded in all of the previous act fairly and be a blind arbiter of fiscal year. Without the assistance of reserve judges in justice,” Walker said in a statement. many cases, court calendars would have fallen behind “The tremendous amount of support schedule and case-processing times would have The Third Branch from the community coupled with his increased dramatically. outstanding legal education and The use of a reserve judge to fill a judicial vacancy experience make Judge Gundrum a helps maintain productivity and efficiency in the courts, perfect match for the Court of without over-utilizing the remaining sitting judges. Appeals,” Walker said. Although the most recent increase in reserve judge Gundrum was elected to the Judge Mark D. Gundrum see Reserves on page 10 see New judges on page 24 www.wicourts.gov 2

Fall Director’s column: Looking for solutions 2011 By A. John Voelker, Director of State Courts

THE THIRD BRANCH e have many different ways to communicate with What’s worse, no one seemed able to pinpoint a solution Weach other these days: E-mail, text messages, instant at the local level, which indicated to me that a statewide messaging, Facebook postings and Twitter updates, in approach may be necessary. addition to phone calls, faxes, and Turns out, there’s a good reason for this – it’s a complex occasionally snail mail. issue that will take coordinated work from many people, But often, the best way to find out and in all likelihood, several branches of government to what’s really going on is to visit in resolve. In other words, it’s an opportunity for a coordinated person. approach from Madison. I recently joined Chief Judge Scott After writing some letters, making some calls, and making R. Needham, Deputy Chief Judge arrangements to tour the Lab of Hygiene in person, I Molly E. GaleWyrick and District discovered the state’s system of testing blood for evidence Court Administrator Scott Johnson of alcohol or drug use for most suspected OWI cases and for part of their District Ten county- many suspected drugged driving cases is essentially by-county tour, which is conducted overwhelmed. once every two years. The visits In 2010, the OWI workload for the lab consisted of the offer an opportunity for court following, according to the lab: A. John Voelker administrators to meet or reconnect 22,395 specimens, all tested for alcohol with judges and court staff, and to find out what’s 3,271 specimens also tested for drugs happening in each county. 4,312 subpoenas from 70 counties Like the judges, I became reacquainted with people I 298 court appearances, and hadn’t seen for a while and met new people working in the 45,539 miles of travel. courts. I heard about issues affecting the courts and how The workload in the lab has increased significantly over each county approaches problems and finds solutions. the years, especially in drug testing, but the staffing and In Madison, we often do know a lot about what’s going funding are essentially unchanged since 2003. At the same on in the court system, but there’s always more to learn, and time, from 2003 to 2010, the number of positive drug tests this trip turned out to be informative. reported through testing increased from 1,452 to 3,274, As the visits progressed, I heard a recurring concern: respectively. Judges in each county explained that were facing prolonged As a result, the turnaround time has increased, especially delays in cases involving drugged driving – not because of in drug testing. In 2003 the turnaround time for drug testing delays by lawyers or jammed court calendars, but because was 64 days. The turnaround time in 2011, through of delays in processing blood-test evidence at the State Lab of Hygiene. see Director’s column on page 11 Tenth District tour promotes interaction, understanding of local court issues By Scott Johnson, District Court Administrator, Tenth Judicial District nce every two years, the Tenth Judicial District partners as possible and to develop a comprehensive Oleadership team conducts a comprehensive tour of all understanding of issues facing the justice system. 13 counties in the District. This year, Chief Judge Scott R. Needham, St. Croix Each tour lasts five days (this year, Sept. 26-30) and County Circuit Court, Deputy Chief Judge Molly E. includes listening sessions with judges, court reporters, GaleWyrick, Polk County Circuit Court, and I made the circuit court tour, accompanied commissioners, clerks during the first two of court and staff, local days by Director of attorneys, district State Courts A. John attorneys, public Voelker. (See defenders, county Director’s column, corporation counsels, above). county administrators, During the visits, county board judges and members, the sheriff, administrators ask criminal justice counties to discuss coordinating councils The District Ten tour included a meeting in Rusk County with, from left to strategies and processes and others. right, Court Reporter Shannon Golat, Court Commissioner Terry that work well, as well The primary focus of Nussberger, County Board Chair Randy Tatur, Assistant District Atty. Andrea as areas of concern. the tour is to meet or Amidon-Nodolf, District Atty. Mark Kellaher, Corporation Counsel Richard Members of the Sommerfield, Deputy Chief Judge Molly GaleWyrick, Director of State reconnect with as many Courts A. John Voelker, Chief Judge Scott R. Needham and Rusk County staff and justice system Circuit Court Judge Steven P. Anderson. see Tour on page 22 processing petitionsforchangesinSupremeCourtRules Milwaukee. award ceremonytookplaceonNov. 18in at LibertyMutualInsuranceCo. The previously employedasalegalsecretary joined thecourtsystemin2007.Shewas Journal UnsungHeroes Award. Gray as anhonoreefora Wisconsin Law Director ofState Courts,wasrecognized Supreme CourtCommissionersand 2011 CommunityInvolvement Award. September. Shewaspresentedwiththe service attheirannualmeetingin outstanding commitmenttocommunity Association for Women Lawyersforher M. Kuhnmuenchwasrecognizedbythe recognized asunsunghero Court staff member community service Judge honoredfor Sue Gray School, UniversityofVirginia, andfrominfantrytrainingatFortBenning,Ga. September 1966atthePentagon, whereCrookswasstationed after graduatingfromthe Army Judge Advocate General's Commendation MedalfromGen.RobertMcCaw, Army Judge Advocate General.Thephotographinhishandwastaken in who servedthreeyearsactivedutyintheU.S. Army. Crooksispicturedholdingaphotographofhimselfreceivingthe Army Law clerksandotherSupremeCourtstaff gatheredoutside chambersonVeterans DaytohonorJusticeN.PatrickCrooks, Gray assiststhecommissionersin Sue Gray, anexecutivesecretaryfor the Milwaukee CircuitCourtJudgeMary AWARDS ad Tecmisoes office said. “Thecommissioners’ such aprestigious award,”Gray “I amthrilledtobenominatedfor professionalism. andshepersonifies attitude, she hasawonderfulupbeat to improveorstreamlinetasks, sheoftensuggestsways because nominated Grayfortheaward commissioners courts. The assistant tothedirectorofstate and alsoservesasbackuptothe and attorneydisciplinarymatters house. an Association forWomen Lawyersteamthatworkedalldayontheinteriorof of Milwaukee'sHabitat for Humanity100homesproject.Thejudgeswerepart of The homewilleventuallybeownedbyasinglemomwithfourchildren andispart September tohelpbuildaHabitat forHumanityHouseinMilwaukee'scentralcity. worked alongsideotherwomenlawyerswhovolunteeredaSaturday in Milwaukee CountyCircuitCourtJudgesMelFlanaganandMaryM.Kuhnmuench such adynamicgroup.” epitomizes teamwork,anditisverygratifyingtobepartof Portal recognizes advocateemployer Probate MaryLou Mueller. Ozaukee CountyClerkofCircuit CourtandRegisterin recognition ofadvocatingforpeople withdisabilities,”said more than200peoplewithdisabilities inOzaukeeCounty. presented byPortalInc.,anot-for-profit agencythatserves Advocate forPeoplewithDisabilities. The awardwas Probate office wasrecognizedwiththe2011 BestEmployer “This trulyisanawardthatwecan allshareinthe The OzaukeeCountyClerkofCircuitCourt,Registerin 

THE THIRD BRANCH 2011 Fall 3 4

Fall LEADERSHIP 2011 Judge gives Milwaukee Guardianship THE THIRD BRANCH Assistance Project a nudge By Judge Michael J. Dwyer, Milwaukee County Circuit Court he Milwaukee County Guardianship Assistance Project as the assistant dean for public service at Marquette T(GAP) (see accompanying article) is a good example of University Law School. One of his first tasks was to the kind of things judges can accomplish if we are willing to conduct a legal needs assessment in our community. In so get involved and use our influence to improve our system of doing, Dan convened task forces to address the legal needs justice. To be sure, the of non-profits, victims of predatory lending, service accomplishments of the group, members and children with special needs. Dan recruited which helps assist families of Atty. Rock Pledl, who has experience in representing people young adults with profound with disabilities and in the area of special education law, to disabilities, were the results of head a special needs task force. The group identified the many people. My point here is lack of permanent guardianships for young adults with not to claim credit for myself. severe cognitive disabilities in poor families as an area of Rather I want to illustrate that, by critical need. Dan and Rock reached out to me because I virtue of my role as the presiding was then the presiding judge in the Probate Branch of the judge of the Probate Branch of Civil Division in Milwaukee. the Civil Division in Milwaukee Together we agreed to convene a task force to address the County, my willingness to get problem. People and organizations tend to respond involved and stay involved favorably to judicial invitations, so I issued the invitations. Judge Michael J. Dwyer helped the effort in three ways: as We agreed that we wanted the project to address the whole convener; as sustainer of interest, and as recruiter of range of issues in this area, not just the problem of lawyers. These are things that all judges can bring to efforts obtaining guardianship. For that reason, we extended to improve the system. invitations to all the people and groups that we thought GAP got its start in 2007 after Dan Idzikowski was hired see Leadership on page 5 Stakeholders work together to improve Milwaukee County Guardian Assistance Project By Britt Wegner, Director, Milwaukee Bar Association Lawyer Referral and Information Service (LRIS) he need for legal guardianship of an adult often comes Court Judge Michael J. Dwyer. Tas a shock to parents who have children with profound The task force brought together private attorneys, public disabilities. Because their young adult is unable to school officials, social workers, Milwaukee County Division understand information and make choices related to their of Disability Services administrators, corporation counsel, health and finances, or to sign releases, parents assume that and probate court personnel. Together, they designed the they will continue to make those decisions. Guardianship Assistance Project (GAP), through which low- The concept of filing for legal income families could petition for guardianship for their guardianship can sound absurd to children with profound cognitive deficits at low or no cost. a family member who has GAP is modeled on the Children’s Hospital of Wisconsin’s lovingly cared for his or her child Guardianship Clinic. A group of attorneys and Marquette for so many years. Moreover, Law students, provide pro bono legal services to qualifying most parents with a modest families under both programs. income struggle simply to meet GAP is administered on a volunteer basis by Julie their family’s daily needs. Turkoske, a Family Support Specialist at the Southeast When there is a young adult Wisconsin Center for Children and Youth with Special with profound disabilities in the Healthcare Needs. After receiving a referral from the special family, those challenges are needs transition coordinator at a child’s school district, exacerbated. It can become Turkoske screens the case to ensure there is no dispute about overwhelming to think about the need for guardianship and that the proposed guardians Britt Wegner funding to hire an attorney and meet GAP’s income limits. The idea behind the project is to navigate the guardianship create a referral network through local school districts, so process. For this reason, many parents of children with that students who are likely to need a guardian when they profound special needs in Milwaukee County do not pursue reach the age of majority can be identified and brought into guardianship when their young adult turns 18. the process at age 17½, with the goal of eliminating any gap The Milwaukee County Guardianship Task Force has been in legal decision-making authority. working to address this issue since 2009. The Guardianship GAP is designed to assist families whose incomes do not Task Force is directed by Attys. Rock Pledl; Dan exceed 250 percent of the federal poverty level and who Idzikowski, assistant dean for public service at Marquette University Law School; and Milwaukee County Circuit see GAP on page 5 Association’s (MBA) LawyerReferralandInformation reached outtoBritt Wegner, DirectoroftheMilwaukee Bar percentage offamilieswhoneed legalassistance,soDwyer services thatrequiredlegalconsent. be, andthatyoungadultsweremore easilyabletoaccess frightening andcomplexthanthey hadimagineditwould thankful andreportedthattheprocess wasmuchless petition. Parentswhohavereceivedthisassistanceare provide legalcounselandprosecutetheguardianship them withoneoftheprobonocoordinators,whosefirms documentation andpsychologicalreport.Shethenschedules case managersassistthefamilyingatheringrequired percent ofthepovertylevel, Turkoske andothervolunteer with profoundcognitivedeficits.Forfamiliesbelow185 regular patientsofChildren’s HospitalandHealthSystem) need guardianshipofyoungadults(otherthanthosewhoare firm of Whyte HirschboeckDudek hadbeguna wascreated,thelaw to requestsforassistance.BeforeGAP continues tobeverysupportiveofthecourtsandresponsive engaged. with themthroughouttheprocesshashelpedtostay believe thatthefactaprobatejudgehasalsostayed tribute totheircommitmentthepeopletheyserve.I have continuedtoworkontheeffort overthreeyearsisa must dosowithdecliningresources. That thesegroups agencies whoservethetarget families areeagertohelp,but common understandingdifficult. The socialservice school districtsinthecountymaketaskofgaininga the MilwaukeePublicSchoolsandnumberofother and thesocialservicecommitteehasbeenslow. The sizeof disabled populationandpsychologists. worked withthepublicandprivateagenciesserving special educationtransitionplanners;and(3)socialservices education andtrainingworkwiththeschoolsystems meet theneedsofindigentandnear-indigent families;(2) formed: (1)accesstojusticefocusedonfindinglawyers identified. Ultimatelythreeworkingcommitteeswere provide thesegroupswithmoreandbetterinformationwas departments withintheschoolswasnoted,andneedto importance oftransitionalplanningbythespecialeducation on allaspectsoftheproblem,notjustlegalprocess. The invitation toconveneaddresstheproblem. service agenciesthatservethedisabledallrespondedtoour corporate guardians,childadvocacygroups,andsocial Legal Aid SocietyofMilwaukee,privateattorneys, Services Division,theCorporationCounsel’s office, the Special HealthCareNeeds,MilwaukeeCounty’s Disability Wisconsin RegionalCenterforChildrenand Youth with Children’s Hospitalof Wisconsin, The Southeastern districts, theMilwaukeeCounty Transition Advisory Board, of stakeholders.Representativesfromthelocalschool extent. a judge,everyonethatweinvitedgotinvolvedtosome might beinterested.Inpartbecausetheinvitationwasfrom GAP This phaseoftheprojectisable to helponlyasmall The legalcommunityinMilwaukeehasbeenand The progressofboththeeducationandtrainingcommittee The groupreachedconsensusthattheprojectshouldfocus As aresult,webeganourefforts withawidecross-section LEADERSHIP continued frompage 4 continued frompage 4 pro bono presence ofthejudgecanonlyhelp. active involvementofjudgesinterestedinthisarea. The marshaled. All ofthismightwellhappenwithoutthe perseverance andeffort, thesocial serviceresourceswillbe legal communitywillagainrespondtothecall. With called upontoprovidemorehelp. We areconfidentthatthe social serviceagenciesandthelegalcommunitywillbe number offamiliesneedingassistancewillincrease. The need forguardianshipandhowtheprogramsoperate, improve thesituation. As theschoolsbetterunderstand problem andarehopefulthatwithperseverance,wewill psychological evaluations. We continuetoworkonthis problem wehaveencounteredisobtainingtherequired able toprovidefamiliesthatneedhelp. improving theassistancethatsocialserviceagenciesare guardianship process.Progresshasalsobeenmadein connecting theschooltransitioncoordinatorsto guardianship andprogresshasbeenmadeinbetter made ineducatingtheschoolsonsubjectof has beenagreathelptothecourt.Greatstrideshave seldom resolvedinonehearing,sothepresenceoflawyers benefitted. Caseswherepetitionersdonothavelawyersare Those whohavefoundfreeorlow-costrepresentation navigating thecomplexityofguardianshipstatute. represented litigantshaveaparticularlyhardtime who sawtheproblemfromwithinsystem. required tocreatethepanelwasaninquiryfromajudge be madeawareoftheneed.Inthiscaseallthatwas are committedtoservingthelessfortunate,theydoneed Milwaukee lawyershaverepeatedlydemonstratedthatthey of theMilwaukeeBarLawyerReferralService. While call tothemembersofprobatebarandcooperation required forthecreationofmodestmeanspanelwasa Brady volunteeredtomeettheexpandedneed. All thatwas more capacityintheprogram,firmofQuarlesand identifiedtheneedfor Indigents Committee. When GAP through theMilwaukeeBar Association Legal Assistance to guardianship projectwithChildren’s Hospitalof Wisconsin 276-5931 [email protected]. Guardianship Panel,pleasecontact BrittWegner at(414) If youare interested injoining the ModestMeans making thereferral. and languagesspoken,ifapplicable, areconsideredwhen impartial rotation,butgeographical locationoftheattorney cases foraflatfeeof$600.Referralsaremadeonan this uniquepanelhaveagreedtoprosecutetheguardianship MBA’s ModestMeansGuardianshipPanel. The attorneyson Turkoske, anduponqualificationwillbereferredtothe agreed. These families willstillbescreenedby The MBA poverty levelthatsoughtadultguardianships. to assistqualifyingfamiliesup250percentofthefederal Means Panelcouldaccommodateanadditionalpanelwilling Service (LRIS)todeterminewhethertheMBA’s Modest Much workremainstobedone. The mostintractable Much progresshasbeenmadeinthreeyears.Self-  

THE THIRD BRANCH 2011 Fall 5 6

Fall 2011 THE THIRD BRANCH

Chief Justice Shirley S. Abrahamson gave her 2011 State of the Judiciary Address, titled Without Fear or Favor, on Wednesday, Nov. 2 at the Chula Vista Resort in Wisconsin Dells. The Chief Justice’s speech opened the 2011 Meeting of the Wisconsin Judicial Conference and was followed by A. John Voelker’s State of the Director’s Office presentation, The Tipping Point. Nearly 300 judges and state court staff attended the conference, which featured educational sessions on a host of issues affecting judges and the judiciary.

Dane County judges, attorneys learn about dogs By Gail Richardson, District Court Administrator, Fifth Judicial District n Sept. 16, the Dane County Sheriff’s K-9 OUnit provided a demonstration of a drug- sniffing dog search to judges and prosecutors. Deputy Jay O’Neil and “Hunter” showed how specially designed boxes are used in training and how real-life searches are conducted. Licensed contraband was hidden in several places within the courtroom and Hunter quickly and enthusiastically identified each item. Deputy O’Neil and Sgt. Kris Boyd of the Madison Police Department described training, testing and certification procedures. The two agencies train together, and they say all dogs approved by the two departments for use in the field are certified with a training success rate of 96 percent or better. Following the demonstration, Attys. Stephen Hurley, Mark Eisenberg and Assistant District Atty. Matt Moeser presented arguments on either side of the argument for using the results of dog alerts to justify probable cause for a search warrant. Hurley distributed an outline of relevant Dane County Deputy Jay O’Neil, Hunter and Dane County Circuit Judge law. The debate centered on the reliability of Nicholas J. McNamara, following a demonstration on the use of dogs to search for possible evidence. individual dogs and how information about that should be presented to the judge, along with the application measure a dog’s reliability and the science (or lack thereof) for a warrant, in the form of the dog’s success rate. Also of dog scenting capabilities.  discussed were the standards that should be set and used to Eau Claire drug court celebrates 50thgrad celebrates court drug Eau Claire Veterans court announcedonVeteransVeterans Day court of tryingtocopewiththebigquestionslife.” different inappreciatingmybody;I’mdifferent interms a different selfnow. I‘mdifferent inmy attitudes; I’m Iam changing mythinkingandhowIapproachthings. Ihavestartedtobelieveinmyselfthrough better. court, mylifehasturnedcompletelyaroundforthe the audienceheadded“Sincebeingadmittedtodrug Inaddressing maintaining sobrietyformorethanayear. quoted Coyerassaying.wascongratulatedon everyone whowasclosetome,”the I neededsomehelp,wasindespairwithmyselfand turn hislifearound,Coyersaidduringtheceremony. successfully completingdrugcourt. The decisionhelped chance toreducethejailtimesixmonthsby for hissixthdrunkendrivingoffense. Coyeroptedfora sentenced tothreeyearsofprobationandoneyearinjail began drugcourtinNovember2009,afterbeing mothers. court, veteransandatreatmentcourtforsingle use oftreatmentcourts,whichalsoincludeamentalhealth Midwest” foritspioneering becoming a“meccaofthe Eau ClaireCountyis accomplishment; Bradleysaid graduation anextraordinary Claire County. headline: JusticespraiseEau which proclaimedina Leader-Telegram coverage bythe Roggensack, drewfront-page and PatienceDrake WalshBradley Justices Ann Wisconsin SupremeCourt Court JudgeLisaK.Stark. the courtroomofCircuit during aceremony Aug. 24in celebrated its50thgraduate T N overcome service-related issues. help veteransinvolved inthecourtsystem treatment, services,andmentoring designedto supervised andcoordinatedprogram of seven countiesthatcompriseDistrict Eighta Veterans Day. announced inBrownCountyonNov. 11, Court (NEWVTC),whichwasofficially Northeast Wisconsinthe in Veterans Treatment now havetheopportunitytorequestenrollment “I knewIhadtodosomething.couldn’t gotoprison. The ceremonymarkedthegraduationofChrisCoyer, who Roggensack calledthe50th The ceremony, attendedby Brown CountyCircuit CourtJudgeKendall The newcourtoffers eligibleveteransinthe Drug CourtProgram he EauClaireCounty involved inthecriminaljusticesystemwill ortheastern Wisconsin militaryveterans Eau Claire newspaper, Court's 50thgraduate,ChrisCoyer. moment withEauClaireCountyDrugTreatment Justice PatienceDrakeRoggensacksharesalighter Leader-Telegram Judge KendallM. Kelley in JudgeLisaK.Stark's courtroomon Aug. 24. the EauClaireCountyDrugTreatment Courtduringaceremony Justice Ann Walsh Bradleyremarksontheaccomplishments of Stark said. efforts,” people thataretrulysupportiveoftheparticipants’ Justices, hearthemspeak,andrealizethattheyarereal “Everyone wassoimpressedtomeetSupremeCourt  Wisconsin Department of Veterans Affairs, U.S. Department of Veterans Affairs, the Judicial District,Kelleysaid. resource forallcircuitcourtsin the Eighth the newcourtisexpectedtobeavailable asa veterans court. Although locatedinGreenBay, from thatexperiencetohelpdevelopthe County DrugCourtandusedknowledgegained stakeholders. ZuidmulderoverseestheBrown Donald R.Zuidmulderandotherjusticesystem which hehelpeddevelopwithChiefJudge M. Kelleywillpresideoverthenewcourt, Court partnersandstakeholders include: the

Photo credit: Dan Reiland/Eau Claire Leader-Telegram to prison. participants whootherwiseareheaded drug courtrestoreshopefor drug courtsinceitsinception,saidthe treatment professionals. attorneys, correctionsofficials ordrug to theprogrambyprosecutors,defense Candidates fordrugcourtarereferred non-violent felonyoffenses. alcohol whohavebeenconvictedof risk offenders addictedtodrugsor court acceptsmedium-hightohigh- more thanayearofplanning. The participant inOctoberof2004after participants, accepteditsfirst Program, whichnowhas30 drug courtparticipants,Stark said. some publicity, itwasmeaningfulto Court justicesnotonlyhelpeddraw Stark, whohaspresidedoverthe The EauClaireCountyDrugCourt The presenceoftwoSupreme see Veterans court on page 13

Photo credit: Dan Reiland/Eau Claire Leader-Telegram

THE THIRD BRANCH 2011 Fall 7 8

Fall RETIREMENTS 2011 This edition of The Third Branch features six judges who Judge Tim A. Duket

THE THIRD BRANCH have announced their retirements. Margaret J. Vergeront, Court of Appeals, District I; J.D. McKay, Brown County Marinette County Circuit Court Circuit Court; and James E. Welker, Rock County Circuit Judge Tim A. Duket said it has been an honor to serve the Court, have announced that they will retire in coming people of Marinette County and the State of Wisconsin for months. They will be the subjects of future articles. the last 31 years as district attorney and circuit court judge. His last day of work will be Jan. 3, 2012. In his resignation letter to the governor, Duket said he could not imagine a Judge Edward R. Brunner career path that could have provided greater satisfaction. District III Court of Appeals Duket grew up in Marinette and Judge Edward R. Brunner, who received his law degree from UW has been nationally recognized Law School in 1979. for his innovative work in Duket said that his most restorative justice, retired from memorable experience as a judge the District III Court of Appeals was the 90-minute sentencing on Sept. 6. hearing of Scott Johnson for the While serving on the Barron July 31, 2008 sniper-style fatal County Circuit Court, Brunner shootings of three teenagers who was awarded the William H. were enjoying an innocent Rehnquist Award of Judicial afternoon of swimming under a Excellence from the National train bridge near Niagara, Center for State Courts (NCSC) Wisconsin. The mother of one of Judge Tim A. Duket in 2006. The award, which is the victims, 18-year-old Anthony considered one of the most Judge Edward R. Spigarelli, said that Anthony’s college fund was sadly prestigious judicial honors in the Brunner redirected to pay for his casket and funeral. At least 20 law country, was presented to enforcement officers attended. Also present was Calvin Brunner by U.S. Supreme Court Chief Justice John Roberts Trillin, who wrote an article about the case that appeared in in Washington, D.C. the July 2009 edition of The New Yorker magazine. “Judge Brunner’s initiatives such as promoting restorative Duket, 57, says that he’ll miss the daily contact with all justice and improving relations between state and tribal the great people he worked with at the courthouse. Duket’s courts are recognized as national models,” NCSC President post-judicial plans include a focus on health and fitness, Mary Campbell McQueen said in a press release at the time. making a dent in the stacks of books that he’s accumulated “His dedication to community collaboration and outreach is over the years, more travel with his wife, Mary Kay, and recognized not only by his colleagues within the courts but providing more support and assistance to his elderly mother. by the many community and public agency leaders who Additionally, some reserve judging, mediation, teaching, wrote letters in support of his nomination.” and private practice might be in the cards. Brunner first introduced the idea of restorative justice to Barron County in 1998, through community forums. The Barron County Restorative Justice Programs, Inc. was Judge Patrick J. Fiedler launched as a private, non-profit program with Goodwill Dane County Circuit Court Industries. The program promotes community safety by Former Dane County Circuit holding offenders responsible through programs such as Court Judge Patrick J. Fiedler's Victim Offender Conferencing, Victim Impact Panels and retirement was very short-lived. Restorative School Truancy Intervention. They day after he left the bench, The State Bar of Wisconsin also recognized Brunner’s he joined the Axley Brynelson law work with a Lifetime Jurist Achievement Award in 2006. firm as a partner and a member of Brunner was first elected to the Barron County Circuit the Litigation Group. Court in 1988. He won re-election three times before being “It was something that in the elected to the Court of Appeals in 2007. He is a former last several years I recognized in chief judge for the Tenth Judicial District, as well as a myself, that I missed being a former member of the Judicial Education Committee of the lawyer,” Fiedler told the Judicial Conference, Judicial Advisory Committee, Wisconsin State Journal. State/Federal/Tribal Court Forum, and the Drug Court While on the bench, Fiedler said Initiative. Judge Patrick J. Fiedler he appreciated cases where the Prior to serving on the bench, he was the city attorney for lawyers arguing the case were Rice Lake and worked in private practice. He had very good. This, he said, is why he found the many medical previously served as executive director for Youth Services, malpractice cases he presided over so satisfying. Inc. in Ohio. He received his bachelor’s degree from Fiedler’s ability to manage civil trials was recognized Marquette University and his law degree from University of when the American Board of Trial Advocates (ABOTA) Akron School of Law, as well as his E.M.T. responder named him Wisconsin “Judge of the Year” for 2007. certification from Wisconsin Indianhead Technical College. see Retirements on page 9 Fleishauer saidhehashadsomeniceaswellhorrid Office, andacrossthestate. branch, intheDaneCountyCourthouse,Director's education seminars. changes inthelawbyteachingregularlyatcontinuing citizens,” hesaid.Fiedlerhelpedkeepjudgesabreastof by notjustlawyersandjudges,butalsoeveryday he questionedwhattheoverallgameplanmaybe. to seelegislatorstinkerwiththecriminaljusticesystem,and and sonservedsimultaneouslyascircuitcourtjudges. For abrieftimepriortotheelderFiedler’s retirement,father Iowa CountyCircuitCourtfor24yearsbeginningin1972. the sonofJudgeJamesFiedler, whoservedonthebenchin secretary ofthe Wisconsin DepartmentofCorrections.Heis Attorney forthe Western Districtof Wisconsin andas appointment tothebenchin1993,heservedasU.S. County, andworkedinprivatepractice. Priortohis Fiedler servedasanassistantdistrictattorneyfor Waukesha walks outasurvivor.” victim walksintoJudgeFiedler’s courtroomavictim,and coordinator whoparticipatedintheawardnomination:“A Victim/Witness Professionals.Saidonevictim-witness Advocacy Award fromtheassociationof Wisconsin victims inhiscourtroomwonhimthe2008 Victim important tothem.” litigants representedthemselves.“Thesecaseswerevery the smallclaimscasesthathavecomebeforehimwhere involved. occasions, workingthroughcaseswherenolawyerwas of justiceandthedignityjudicialprocess.” members ofthebarhaveconsistentlyadvancedinterest decisive rulingsandcourtesytolitigants,jurors thorough preparation,breadthofknowledgethelaw, saidithonorsonejudgeeachyear“whose ABOTA Portage County CircuitCourt Judge FredericW. Fleishauer Fleishauer Judge FredericW. Portage CountyCircuitCourtJudgeFrederic W. “The courtsystempeoplearefantastic,”hesaid. Fiedler sayshewillmissthepeoplemost,inhis “The criminaljusticesystemneedstobeunderstandable Over his18yearsonthebench,Fiedlersaidhecontinued After graduatingfromMarquetteUniversityLawSchool, Fiedler’s respectfornotonlythelitigantsbutalso “Every caseisimportant,”Fiedlersaid,alsoreferringto Advancing theinterestofjusticealsomeant,onmany RETIREMENTS circuit courtin1981,andwonre- Fleishauer wasfirstelectedtothe Fleishauer retiredonNov. 29. he wouldacceptit. Free Card,”andaskedthejudge if Monopoly game“GetOutofJail jumpsuit andpulledouta inside herorangejail-issued a womantojail,shereached On oneoccasion,aftersentencing experiences whileonthebench. this pastspring. election fivetimes, mostrecently After 30yearsonthebench, In 2008,Fleishauer wasnamed continued frompage 8 plans forhisretirement. farm heowns,Fleishauersaiddoesn’t reallyhaveany Portage County, andworkedinprivate practice. served asdistrictattorneyandassistantfor of theUW-Stevens Point Academy ofLettersandSciences. judge fortheSixthJudicialDistrict,andaformerpresident Criminal JusticeStudy Commission,aformerdeputychief Studies inMontevideo,Uruguay. Heisapast-memberofthe was awardedin1998tolectureattheCenterforJudicial the station. that broughtthemthereinthefirstplace,”Fleishauertold to thatrealization,they’relikelygobackthepatterns their situationandavoidthosedifficulties, untiltheycome patterns andthatdifferent patternscanactuallyimprove program. community. aboutthe InMay, hespoketo WSAW-TV justice andassistanceforoffenders re-enteringthe organization inPortageCountythatpromotesrestorative former presidentofJusticeworks,Ltd.,anon-profit Judge ofthe Year bytheState Barof Wisconsin. Heisa degree fromMarquette University. Sheisaformerchief worked asahighschoolteacher, beforereceivingherlaw Kenosha Countydistrictattorney. Shehadpreviously 1989, afterworkinginprivatepractice andservingas kinds casesshefoundthemostgratifying. cases thatstandoutinher22-year career, andthesearethe and hadonlykepttwocats. To Kluka,thesearethekindsof later totellherthatthewomanhadtakenorderseriously could onlykeeptwocats. The socialworkerwroteheryears ordered thatthewomancouldgobacktoherhome,but keep peopleintheirhomeswheneverpossible.Kluka facilities, asopposedtonow, whenstepsaretakentotry time, Klukasaid,theemphasiswasonplacingindividualsin unfit livingconditions. At the measures topreventhercurrent existing guardianhadnottaken placed inafacilitybecauseher removed fromherhomeand for thewomantohaveher guardianship wasbeingsought new properly carefor. A cats thatshewasunableto at home,alongwithnineor10 older womanwhowasstillliving career. The caseinvolvedan to herearlyoninjudicial letter asocialworkerhadwritten Barbara A. Klukacameacrossa the courthouse,retiredKenoshaCountyCircuitCourtJudge Kenosha CountyCircuitCourt Judge Barbara A. Kluka Ihp ofn u h rdi gi, hesaid. “I hopetofindoutwhoFredisagain,” Aside fromsomemediationworkandworkingthesmall LawSchool,he graduateofUW-Madison andUW A Fleishshauer isapastFulbrightgrantrecipient,whichhe “Until yougivethemanopportunitytoseedifferent Kluka wasfirstelectedtotheKenosha Countybenchin While lookingthroughmaterialsshebroughthomefrom see Judge Barbara A. Kluka Retirements on page 19

THE THIRD BRANCH 2011 Fall 9 10

Fall Reserves continued from front page 2011 usage is due to judicial vacancies, reserve judges also fill in when you sit in for a day or two you are really just filling in

THE THIRD BRANCH at times as a result of medical leave, caseflow congestion for a sitting judge. When you are on an extended and other time conflicts. assignment, you have the opportunity to run the court in the Fortunately, Wisconsin has a manner you think it should be ready pool of competent reserve run.” judges willing and able to serve. Cane appreciates the In all, the reserve judge roster opportunity to serve: “I love it. It includes 90 individuals. is very comfortable to be back Judge Thomas G. Grover, a working with the same panel of retired circuit court judge in judges that I served with before. Shawano-Menominee County, It reminds me of the judicial now fills in three days a week as exchange program of a few years a reserve judge for the vacancy in back. It is like never forgetting his former seat. how to ride a bike, and the court “It is the perfect transition. I staff is always so very gracious, have always enjoyed working as helpful, and courteous.” Reserve Judge Thomas Reserve Judge Neal P. G. Grover a judge, and to be able to do it on After serving 25 years as a a part-time basis with the court District II Court of Appeals judge Nettesheim staff that you know and trust – it was kind of like coming and eight years as a Waukesha County Circuit Court judge, home again.” Grover’s reserve judge assignment will end Reserve Judge Neal P. Nettesheim also fills in as a reserve soon, but he’ll likely be continuing to travel to serve as judge at the circuit court and Court of Appeals. needed in the Ninth Judicial “It has been a really interesting experience. It felt like I District, where he’s been never missed a beat despite working with two new Court of impressed with the treatment he’s Appeals judges. Everyone is just very collegial and able to received. get along with one another,” Nettesheim said. “They are always so kind to He describes his work in the circuit court as a pleasure you, court staff will keep you that is both challenging and refreshing. Despite the informed of local practices, etc., enjoyment of his work, Nettesheim said he would not want and sometimes they even bake to work full-time because he is also is busy with you cookies,” Grover said. arbitration/mediation, serving as a Special Master, and Short-term reserve judge committee work. assignments of a day or two and Like Nettesheim, many reserve judges work in arbitration/ an extended assignment due to mediation after retiring from the bench. Some retired vacancy or medical leave are very judges return to private practice but maintain their judicial different, said Reserve Judge education credits to be able to take occasional court Reserve Judge Thomas Cane Thomas Cane, a former Court of assignments. Appeals and circuit court judge, Reserve judges provide Wisconsin courts with a valuable who has recently covered reserve judge assignments for the service, often on short notice, involving travel in all sorts of circuit court and Court of Appeals. weather. Their service is appreciated, even when it’s not “There is a huge difference. As a reserve trial judge, rewarded with a batch of home-baked cookies. 

The Supreme Court Hearing Room at the State Capitol was recently posted with signs indicating guns and other weapons are not allowed. Counties throughout Wisconsin are adjusting building policies related to weapons as a result of Wisconsin's Concealed Carry Law, which went into effect Nov. 1. solution because Icouldseehowaddressingthis problem enthused aboutbeing partofthediscussionand potential task force–that’s whatIgetforaskingquestions. Iwas search forsolutionslandedmean invitationtoserveonthe solutions. medical examiners,andother expertstolookfor Transportation, thestateDepartment of Administration, Department ofJustice,districtattorneys, Departmentof representatives fromtheLegislature,lawenforcement, The LabofHygienebroughttogetherataskforce years, feelingasiftheirpleasforhelphavenotbeenheard. have beenunsuccessfullyseekingsolutionsforseveral the LabofHygienealsofindthesedelaysunacceptableand implications whentestresultsareunavailable.Officials at unacceptable becauseoftheobviouspublicsafety their primaryworkoftestingsamples. often musttraveltocourttestify, takingtimeawayfrom frequent useoftestresultsincourtalsomeansthatlabstaff consuming andcomplicatedtestingmethods. The more testing requiresmoreexpensiveequipmentandtime- September, is240daysandincreasing. G By BethBishopPerrigo,DeputyDistrictCourt Administrator, FirstJudicialDistrict Week Reporters Court celebrates Wisconsin judges ofsomejudicialdistrictstooktheoccasiontosend who helpedustoobtaintheproclamation.” too. HereferredmetoRep.DonnaSeidel,(D-Wausau) that courtreportersshouldhavetheirownweektocelebrate, celebrate Administrative Assistant Week, andhesuggested Marathon CountyCircuitCourt.Everyyearwewould 2007 atthesuggestionofmyboss,JudgeGregHuber, used Communication Access Real-time Translation (CART). recognize theworkofcourtreportersandtranslatorswho offers anopportunityto event shehelpedestablish Association, saidtheannual Wisconsin CourtReporters president-elect ofthe proclamation. members, accordingtothe now hasnearly400 in 1940with40members;it association wasestablished system anditsusers. The court reporterstothe and recognizedthevalueof Court Reporters Association history ofthe Wisconsin proclamation outlinedthe celebration. Walker’s counties joinedinthe Director’s column My timelyvisittoDistrict10and subsequentfollow-up On Nov. 17,thesearchforsolutionstookadifferent tack. Everyone inthecriminaljusticesystemfindsthisdelay Counties markedtheoccasionindifferent ways.Chief “The Wisconsin CourtReporter Week traditionbeganin Karla M.Sommer, Also contributingtothissituationisthefactthatdrug Reporters Week in Wisconsin, andseveral Wisconsin ov. Scott Walker proclaimedOct.16-22asCourt continued frompage 2 Lyssa Bassett,and KarlaSommer service, fromleft toright:MaryHader, MiriamLeute, KimLentz, During October, MarathonCountyhonoredcourtreportersfortheir court reporter. adding thatsheishonoredandproudtobea Wisconsin that hasrecognizedcourtreporterswithaspecialweek, with apizzalunchforthecourtreporters. single redroseandanoteofappreciation,inMarch celebrated thereporterseachfallforseveralyearswitha caramel appleswithanappreciativenote. The Districthas Marathon Countyjudgegaveherreporteraplant. districts. DaneCountypostedadailypuzzle,incourt- an e-mailofappreciationtoallcourtreportersintheir roads sooner. of casesandingetting drunkordruggeddrivers off the change -thatcouldresult inmoreefficient handling please letmeknow. Ibelievethisisarealopportunityfor operation oftheLabHygiene asitrelatestocourts, difficult environment. game,” butratherinlookingfor practical solutionsina force memberswerenotinterestedinplayingthe“blame for change.Iwasencouragedbythemeetingbecausetask again inJanuarytorefinetheseideasintorecommendations identified forfurtherdiscussion. The taskforcewillmeet table. Bytheendofmeeting,alistideaswas would requireacoordinatedeffort fromeveryoneatthe travel. This maypresentoneareaforimprovement. the needcurrentlyformorethan45,000milesofannual would muchprefertoappearbyvideoconferenceandreduce via videoconferencing. This istrueeventhoughlabanalysts court appearancesbylabstaff in2010,onlynineweremade and productive.Iwasinterestedtolearnthatofthe298 criminal justicesystem. could greatlyimprovetheoperationofcourtsand Sommer saidthatshebelieves Wisconsin istheonlystate BruceHarvey, DistrictOne,gaveallreporters DCA If youhaveideasthatfeelwould improvethe It alsobecamecleartomethatthesolutionsbacklog The discussionatthefirstmeetingwasbothinformative   she said,courtreporters steno. InMarathonCounty, identified alltheitemsin put onaluncheonand reporters inOzaukeeCounty occupants. open toallcourthouse reporters hostedaluncheon Also, onOct (DCA) GailRichardson. District Court Administrator quote, saidFifthJudicial court staff toguessthe reporter language,asking attorneys. Another courthouse staff andlocal breakfast treatsforthe celebrated bybringingin Sommer saidthatcourt . 19, thecourt

THE THIRD BRANCH 2011 Fall 11 12

Fall Zuidmulder ring shines with family history 2011 By Tom Sheehan, Court Information Officer

THE THIRD BRANCH hief Judge Donald R. Zuidmulder isn’t the kind of guy Cyou’d expect to be flashing some “bling-bling,” but he’s now got a piece of jewelry so impressive it would put most hip-hop stars to shame. The Brown County Circuit Court judge is the proud owner – make that very proud owner – of a Green Bay Packers Super Bowl championship ring. He received it not because he caught several of Aaron Rodgers’ passes for touchdowns in Super Bowl XLV, but because he serves on the Packers’ board of directors. Such a ring would be prized by any proud Packer fan, but it has special meaning for Zuidmulder. His father, the late David Zuidmulder, played for the Packers during 1929 through 1931 seasons – the team’s first three championship Judge Donald R. Zuidmulder displays his Green Bay seasons, which were coached by legend Curly Lambeau. Packer Super Bowl ring. Zuidmulder serves on the football While humbled by the experience of being on the board, club's board of directors, and his father, the late David Zuidmulder doesn’t miss a chance to show off his ring when Zuidmulder, played for the Packers during the 1929, 1930 asked. He brought the prized possession to a recent Chief and 1931 seasons. Judges Committee meeting, where just about everyone had a regular contact with many Packer players. chance to try it on. And, he brought it to the Wisconsin After his football career, David Zuidmulder joined the Judicial Conference, where it quickly became a conversation Green Bay Fire Department in 1934 and became its chief in piece. 1955. He retired in 1972, and Green Bay Fire Station No. 6 His father’s playing days were over before Donald was is named in his honor. born in 1942, but the stories and the experience of being the David Zuidmulder encouraged his son to become a son of a Packer player had a strong and lasting influence on lawyer, and after his father’s death, he discovered a letter Zuidmulder, 69. from a priest that indicated his father, too, had aspirations of “I was always in awe of him,” Zuidmulder said. being a lawyer. He recalled his father recounting the now famous 1929 Although he admired his father and many Packer players, victory over the New York Giants at the New York Polo the younger Zuidmulder did not play football. Grounds. The Packers’ 20-6 victory there created a perfect “My father had to just wonder – he threw me a football, record for the season, and left the Giants stunned with the and it hit me in the head,” Zuidmulder joked. only loss of their season. When the Packers returned to Zuidmulder said he quickly accepted the opportunity to Green Bay by train after the game, his father recounted that join the board when he received a phone call making the fans holding torches lined the route all the way from DePere offer in the fall of 2000. to the city limits of Green Bay. “It was a short conversation,” Zuidmulder recalled. The game of football was much different then, and players Many of the club’s 44 board members are from the lacked nearly all of the safety gear they have today. By the business community, and Zuidmulder is the only direct time his father graduated from Green Bay East High School, descendant of a player from his father’s era. Zuidmulder he had already lost most of his teeth to the sport. By the views his role as representing “the public interest” in the time he was done playing football, his nose had been broken club. Other judges and public officials have served in the eight times. Fortunately, the last fracture set the nose back past. In fact, Judge Robert Parins served as president of the into a more natural-looking position than the previous break, Packer Corp. from 1982 until 1989, when Parins was Zuidmulder said. elected honorary chairman of the Packers’ board. During his teen years, Zuidmulder said his father was The main role of the 44-member board of directors is to involved in the Packers’ alumni activities, and he had see Zuidmulder on page 29

David Zuidmulder is shown front row center (and inset) of this 1930 roster photo of the Green Bay Packers. (Photo provided, courtesy of the Nicolet Federated Library System). h udskykfsemno aeMcia.We seta who guideskayakfishermenonLakeMichigan. had beendoing. Therefore Isought outandlocatedaguy fishing thebiglakeforfishisquitedifferent fromwhatI Michigan. ItsoundedlikesomethingIwouldtotry, but upon onlinefishingreportsofkayakfishermeninLake casting luresratherthantrolling. Iamusually morningfishing. in acouplehoursofearly typically catchahalfdozenbass,andsometimesnorthern, primarily BigCedarLakeoverby West Bend,whereIwill inlandlakes(includingLakeMendota),but several (although Ihaveveryseldomdonethat!).usediton hulled andstableenoughtostandupinwhilefishing Ultimate 12byNative Watercraft. Itis12feetlong,double anchor trolleys,etc. stability, alongwithsomespecialtyfeatures likerodholders, to thisdemand. The mainfeatureof fishingkayaksistheir number offishingkayakshavebeendevelopedinresponse fairly fast-growingsportinrecentyears,andagoodly kayak about5yearsago. until acquiringafishing aboatofanykind owned told bytheangler. story behindthephotoas they appear. Belowisthe fish storiesaren’t alwaysas few questions–weknow The Third Branchhada fish, inakayak,atnight, photo ofhimselfwitha Circuit Court,submitteda Bissonnette, DodgeCounty Judge AndrewP. I not onlyimprove theirlivesandhopes soforthin news coveragefrom severaltelevisionstations. expectations isstringentandcompliance ismandatory. program: theobligationtoconform tothecourt’s rulesand held accountablefortheirconduct beforeandduringthe Although thecourtseekstoassist veterans,participantsare community supportwithoutrequiringnewtaxpayerdollars. civilian life.Itisdesignedtorelyonavailableresourcesand improving thesuccessofveteransintheirtransitioninto Tribe ofIndians,andvolunteerveteranmentors. including arepresentativefromtheveteransofOneida Services Department,local Veterans ServiceOrganizations Department ofCorrectionsprofessionals,theHuman Public Defender’s offices, LawEnforcementand representatives fromBrownCounty’s District Attorney’s and By Judge Andrew P. Bissonnette,DodgeCountyCircuitCourt Judge withasalmoninthenight grapples Veterans court ycroiywspqe thispastsummerwhenIcame My curiositywaspiqued I acquiredmykayakfromRutabagainMadison,an Kayak fishinghasbeena Editor’s note: “It’s ourhopethat bygettingthepropertreatment, itwill The Veterans Daylaunchoftheprogram drewtelevision The veteranscourtwillfocusonpublicsafetyand all mylife,butnever afisherman have been When continued frompage 7 Harbor onLaborDay. salmon hecaughtwhilekayakfishinginMilwaukee Judge Andrew P. Bissonnetteproudlydisplaysaking n good,stablekayak! and a harbors... nofancyequipmentisreallyneeded,justabignet realize howaccessiblethekingsalmonareinfall Havingdonethisandseenotherreportssince,I be smoked. back intogoodorderbeforethispicturewastaken. discombobulated, butthentheguidearrivedandputthings top ofmypole,whichwasonpaddle...fairly At theend,Ihadfishinnetonmylap,whichwas endedupbeinga17-poundkingsalmon,myfirst. The fish large netwhich theguidehadprovided. a happy tohave Iwasvery number oftimesmyrodtipwasinthewater. action rodandhadtofightthisguyforseveralminutes...a Iwasusingastandardspinningreelwithmedium on. poles wasbendingbackwardsignificantlyandIhadafish the harborandthenwewouldheadin. and agreedtomakeonelastcirclearoundthenorthendof shut out.Itwasstartingtogetdarkandwemetonthewater Iwas small browntroutduringthefirstcouplehours,but summer. advocateConnie Walker joinedthecommittee this veterans’ Executive Director BrianShoup.RetiredNavyCaptain and and DepartmentofHumanServices Veterans ServiceOfficer JerryPolus; Supervisor JedNeuman;County Department ofCorrectionsField former CountyExecutive Tom Hinz; Steering committeemembersare and developtheregionalcourt. Steering Committeecharteredtoplan year, hechairedtheNEWVTC served intheU.S.Navy. Forthepast became apriorityforKelley, who news. place,” Kelleytold WBAY-TV the communityabetterandsafer their return,butit’s goingtomake The followingdayItooknearly12poundsofsalmonto aminutelater, Isuddenlyrealizedthatoneofmy About Establishing theveteranscourt  trolling motor. Rather, itmeansthatyou kayak doesn’t meanthatyouhavea behind ourkayaks,andtrollingina started toentertheharborspawn. were reportsthatthekingsalmonhad andthere moresheltered) (where itis couldstayintheharbor because we water. However, westillwentout 7footwavesonthebig creating 6to northeast windwasverystrongthatday, The McKinley MarinainMilwaukee. date forLaborDayat4:30p.m.from ustwr pcaua.Hecaughta sunset werespectacular. but nottoobadandtheeveningsky it, the harbor, thewaterhadrollerson Evenin with eachrodinaholder. are constantlypaddlingforafewhours, We eachtrolledacoupleoflures  Zuidmulder Chief JudgeDonaldR.

THE THIRD BRANCH 2011 Fall 13 14

Fall OBITUARIES 2011 Judge Dennis J. Barry Judge Henry B. Buslee THE THIRD BRANCH Racine County Circuit Court Fond du Lac County Circuit Court A memorial service was held Former Fond du Lac County Sept. 25 for Racine County Circuit Court and Reserve Judge Circuit Court Judge Dennis J. Henry B. Buslee passed away on Barry, who died Aug. 18. He was Aug. 5 at the age of 87. 64 years old. Buslee was first appointed to Barry was found dead after the Branch 3 bench in 1979. taking his own life, according to After his retirement in 2002, he the county medical examiner, continued to serve as a reserve The Journal Times of Racine judge until the time of his death. reported. Police found Barry’s According to an obituary, body in Racine’s Lincoln Park Buslee enlisted in the Merchant during a search initiated by a Marines in 1943, serving as a missing-person report. tugboat captain off the coast of Judge Dennis J. Barry Judge Henry B. Buslee Barry was widely recognized France. After his active duty for service to his community, to ended, he served as a lieutenant the criminal justice system and to the courts. colonel in the Army Reserves for over 20 years. In addition to serving on the Branch 5 bench, he was also After graduating from the UW Law School in 1952, involved in Big Brothers, Rotary Club, the Business and Buslee worked as assistant city attorney for Madison, as Professional Coalition at Carthage College, and the Kids well as a radio announcer. First Fund, according to an obituary. “The judge enjoyed the spotlight. From broadcasting, to “Dennis was knee-deep in this community,” Racine Atty. participating in musicals in both Madison and Fond du Lac, Mark Nielsen told the Racine Journal Times. “He flipped most famously playing Harold Hill in The Music Man, pancakes down at (Kiwanis) Pancake Day. I mean he just presenting a case in court or conducting a trial, he was at reveled in that sort of thing.” home on the stage,” an obituary posted on Uecker-Witt One of Barry’s greatest legacies will be his work with the Funeral Home’s Web site read. Wisconsin juvenile justice system. Buslee served as Fond du Lac city attorney and city “Judge Barry was an active, dedicated member of the manager, and worked in private practice before his judiciary, who was generous with his time and talents,” appointment to the circuit court. Chief Justice Shirley S. Abrahamson said in a statement. Aside from performing on the stage and in the courtroom, “Over the years, he served on several statewide committees Buslee’s interests also included golf, cross-country skiing dedicated to improve the justice system’s response to and Ducks Unlimited. He was one of the founders of the juveniles and families. As chair of the Juvenile Justice Study Fond du Lac Ducks Unlimited chapter and served as a Committee in the mid-1990s, he played a key role in master of ceremonies. developing the state’s current juvenile justice code.” Buslee is survived by his wife, Ruth; two sons; four In addition to the Juvenile Justice Study Committee, Barry grandchildren; and six great-grandchildren. He was also served on the Wisconsin Juvenile Justice Commission, preceded in death by his daughter. Supreme Court Special Committee on Gender Neutrality, Judicial Family and Children’s Law Section and the Judicial Judge Richard J. Callaway Legislative Committee. Barry, who served two years in the U.S. Army, received Dane County Circuit Court his law degree from Marquette University. He served as Former Dane County Circuit Court and Reserve Judge assistant district attorney for Kenosha County and worked in Richard Callaway passed away on Sept. 23. He was 84. private practice. He was serving as district attorney for When Callaway retired from the Dane County bench in Racine County when he was appointed to the Racine 2003, he told The Third Branch his favorite of all the County Circuit Court by then-Gov. Lee Sherman Dreyfus in divisions he presided over was civil. “This is probably 1980. He won election in 1981 and re-election in 1987, because I was a civil trial litigator for 30 years,” he said. 1993, 1999, 2005 and this past spring. Outside of the courtroom, Callaway was involved with the “It is accurate to say that (Barry) devoted his legal career Madison chapter of the NAACP. to the protection of the people of his community and the “He was the person behind the scenes who believed in administration of justice in a fair and evenhanded manner,” justice, and helping the underprivileged, underserved, fellow Racine County Circuit Court Judge Eugene people who were not treated fairly,” Frances Huntley- Gasiorkiewicz told the Milwaukee Journal Sentinel. “He Cooper, former president of the Madison chapter of the was an excellent lawyer and an equally excellent judge.” NAACP, told the Wisconsin State Journal. Barry is survived by his wife, Joan, and their two Callaway first took the Dane County bench in 1990. children. While serving on the circuit court, he was a member of the Wisconsin Association of Trial Judges and the Courthouse Space and Security Committee. A graduate of the UW Law see Obituaries on page 15 15

OBITUARIES continued from page 14 Fall 2011 School, he had previously approach to judging. I doubt there are many judges on the

worked as an attorney in private federal bench whose opinions would be more accessible and THE THIRD BRANCH practice and had served in the engaging for the lay reader.” U.S. Navy during World War II. After receiving his law degree from Marquette Law Callaway continued to serve on School in 1967, Evans worked as a law clerk for Wisconsin the bench as a reserve judge after Supreme Court Justice Horace W. Wilkie before serving as his retirement in 2003 and until assistant district attorney for Milwaukee. After working in the time of his death. private practice, he was appointed to the Milwaukee County His son R.J. Callaway told the Circuit Court by then-Gov. Patrick Lucey in 1974. In 1979, State Journal his father’s President Jimmy Carter nominated him for the U.S. District interests, as well as his circle of Court for the Eastern District of Wisconsin, where he served friends, were varied. as chief judge from 1991-95. He was nominated to the “He had friends who were auto federal Court of Appeals bench by President Bill Clinton in Judge Richard J. mechanics, friends who were 1995. In Jan. 2010, he assumed senior status, and served in Callaway physicians, and really enjoyed the that regard until the time of his death. spectrum of humanity,” R.J. told the newspaper. Judge Thomas J. “T.J.” O’Brien Callaway was a private pilot who also enjoyed skiing, golfing and traveling. According to an obituary, his love of St. Croix County Court music manifested in his ownership of the Tiger Lounge in Former St. Croix County Court Judge Thomas J. “T.J.” Madison many years ago. O’Brien passed away on July 28. He was 87. Callaway is survived by his wife, Marilyn; five sons, After serving in the U.S Army from 1943-45 with the grandchildren and great-grandchildren. Signal Corps., O’Brien attended the St. Paul College of Law (now William Mitchell School of Law) Judge Terence T. Evans and received his Juris Doctorate Seventh U.S. Circuit Court of Appeals, in 1947. U.S. District Court O’Brien was appointed to the county bench in 1957 by then- Eastern District of Wisconsin, Gov. Vernon W. Thompson and Milwaukee County Circuit Court served until his retirement in After a long and highly respected judicial career, 7th U.S. 1970. After retiring, he continued Circuit Court of Appeals Judge Terence T. Evans passed to serve as a reserve judge and away on Aug. 10 at the age of 71. worked in private practice. Prior “He will be remembered as a man of great character, to his appointment, he had integrity and accomplishment,” a statement issued by U.S. practiced law in St. Paul and Judge Thomas J. O’Brien Sen. Herb Kohl read. “Judge Hudson, and owned and operated Evans represented the best of an insurance agency. Milwaukee, and he made us Reserve Judge Conrad A. Richards, who served as a St. immensely proud over his many Croix County Circuit Court judge, appeared before O’Brien years in public service.” as a lawyer. He told the Hudson Star-Observer that the “With his rare combination of judge could be tough on new attorneys. an absolute keen intellect and his “But that’s the way you learned and I learned a great deal abundant practical wisdom, he from him,” Richards told the Star-Observer. “He could be was able to pick up on the human tough but he was always fair.” side and to understand the human O’Brien was a former chair of the American Red Cross, side of the law,” 7th U.S. Circuit member of the Knights of Columbus, and a VFW charter Court of Appeals Judge Diane member. He enjoyed model railroads and according to an Sykes, who had served as a law obituary, was very proud of his children’s vocal group, The clerk for Evans, told the Judge Terence T. Evans O’Brien’s. Milwaukee Journal Sentinel. “In St. Croix County Circuit Court Judge Eric J. Lundell that sense, he was one of the very best judges in the knew the judge through seminars they traveled to together. country.” “I always enjoyed being with him. He especially liked Evans was known for his wit and humor, which often talking about the old days. And he was a truly talented made its way into his opinions. storyteller,” Lundell told the Star-Observer. “They do have a distinct style and sensibility – once O’Brien is survived by his wife, Elizabeth; seven children; you’ve read a few, you are not likely to mistake an Evans 21 grandchildren; and five great-grandchildren. He was opinion for that of any of his colleagues,” Assoc. Dean preceded in death by a son. Michael M. O’Hear wrote on the Marquette University Law School Faculty Blog. “The opinions reflect a sharp wit, an see Obituaries on page 27 eye for the telling factual detail, and a commonsensical 16

Fall 2011 Children’s Court Improvement Program update Representing Wisconsin were Judge Shelley Gaylord,

THE THIRD BRANCH Educational Stability Checklist is Available for Judicial Officers Dane County Circuit Court; Secretary Eloise Anderson, Wisconsin Department of Children and Families; Molly By Amber Peterson Jasmer, Waukesha County assistant corporation council; and Michelle Jensen-Goodwin, Wisconsin Children’s Court subcommittee of the Wisconsin Commission on Improvement Program director. AFamilies, Children and the Courts has developed a The conference offered an opportunity for attendees from checklist that highlights key educational questions judicial 20 states to provide information about how their officers should consider before changing a child’s school of commissions on children were structured and how resources origin. The checklist was created to help judges and court are shared. Gaylord and Jensen-Goodwin served as faculty commissioners address the educational challenges faced by members for two of the conference sessions. An action plan children and youth in out-of-home care. (Checklist is was developed at the conclusion of the conference to available at: address how the administration of the Wisconsin www.wicourts.gov/courts/programs/docs/ccipeduchecklist.p Commission on Children, Families and the Courts could be df) This subcommittee, called the Out-of-Home Care and strengthened. Education Subcommittee, is comprised of several child The commission was created in 2007 and is charged with welfare partners and includes representatives from the addressing barriers to safety, permanency, and child and courts, the Department of Children and Families, the family well-being within the judicial, legal and child Department of Public Instruction, and the Public Defender’s welfare systems. The Commission fulfills a funding Office. requirement of the federal Children’s Court Improvement The group developed a series of four main questions for Program grant by demonstrating meaningful, ongoing judicial officers to ask that focus on: a child’s experience at collaboration among courts, child welfare agencies and school; whether a change in placement would require a tribes. change in school; the child’s wishes; and educational issues to address in the court order. By asking these questions, the intent is that judicial officers will gain a better Confidentiality Guidebook Updated understanding of the child’s educational situation and can The Guide to Confidentiality Laws Applicable to CHIPS use that information when determining the most appropriate Proceedings was updated in October 2011 and can be found placement for the child. at: www.wicourts.gov/courts/programs/ccip.htm#3. The idea for creating this checklist began in 2009 when In 1999, the Children’s Court Improvement Program and the representatives from Wisconsin attended the Third National Wisconsin Department of Justice, Children’s Justice Act Judicial Leadership Summit on the Protection of Children in grant co-sponsored the Confidentiality Project. A multi- Austin, Texas. While at the summit, the Wisconsin team disciplinary advisory committee was established and created an Action Plan and specified that one of the steps charged with clarifying confidentiality provisions related to was to create a checklist to ensure that judges and court child in need of protection or services cases in Wisconsin commissioners confront the most pressing concerns for statutes, regulations, and practices. The Guidebook and a children and youth in out-of-home care. client brochure were completed in 2006. There was recently another opportunity for Wisconsin child welfare partners to focus on the educational needs of Juvenile clerks attend advanced children in out-of-home care when the federal Children’s training Bureau and the Department of Education partnered to hold a During the summer, juvenile clerks from across the state two-day conference called Child Welfare, Education and the attended a training session on advanced topics related to key Courts: A Collaboration to Strengthen Educational CCAP (Consolidated Court Automation Programs), case Successes of Children and Youth in Foster Care. The processing, and record-keeping procedures. The half-day conference was held Nov. 3-4 in Arlington, Va. Marathon training was conducted by Kathy Bosben, CCAP senior County Court Commissioner Sandra Marcus, and Bridget business process/system analyst, and Bridget Bauman, a Bauman from the Children’s Court Improvement Program policy analyst in the Children’s Court Improvement Project represented the court system on the Wisconsin team. (CCIP), at the CCAP Training Center in Madison. The Juvenile Clerk Advanced Training was a one-time training Wisconsin Team Attends National opportunity made possible through CCIP grant funds. CCIP Convocation of Commissions received overwhelmingly positive feedback on the training. on Children In particular, participants said they appreciated the interactive format, teamwork displayed by the trainers, and The National Center for State Courts and Casey Family time taken to answer questions.  Programs sponsored the National Leadership Conference of Commissions on Children Sept. 21-23 in Salt Lake City, Utah. that werescheduledfortheday. ceremony involvedareceptionpriortoseveraladoptions the county. together families,courtstaff andadoption advocatesfrom Kerkman toldthe Month. National Adoption first Adoption Dayeventinthecourthousetohonor Circuit Court.Judge 20 yearsearlier, accordingtothenewspaper. of blueSchroederhadselectedduringthelastupdate,over courtroom inthecourthouse,wasrepaintedsameshade condition. Matoska-Mentink, Clerk ofCourt lawsuit waitingtohappen.” places peoplecouldtrip.Itwasa Kenosha News condition,” Schroedertoldthe décor. new draperiestoreplacetheold coat ofpaint,newcarpetingand floor courtroomreceivedanew Bruce E.Schroeder be completedonNov. 20.Judge makeover thatwasscheduledto the KenoshaCountyCircuitCourt the familieswhomakeameaningfuldifference inthelifeof awareness abouttheimportanceofadoptionandtohonor in thecounty, inorderto“urge allcitizenstohelpraise proclamation declaringNovemberNational Adoption Month adopted two-year-old, Samya. adopted. TheKenosha NewsranthisphotoofJudith May, right, who county's first"AdoptionDay"onNov. 4,wheneightchildrenwere Kenosha CountyCircuitCourtJudge ChadG. Kerkmancoordinatedthe PEOPLE Kenosha CountyExecutive Modeled afterasimilareventinMilwaukeeCounty, the “I amjustsothrilledthatmanypeoplearehere,” Nov. 4wasadaytocelebrateinthe Kenosha County The courtroom,whichisconsideredtheceremonial “They wereheldtogetherwithpins,”shetoldthepaper. According toKenoshaCounty “The carpetwasinawful The KenoshaNews . “Therewere Rebecca Kenosha News the draperieswereinnobetter ’s second Chad G. Kerkman reported on Jim Kreuser of theeventthatbrought Schroeder Judge BruceE. coordinated the issued a home. would be10monthsbeforehewasliberatedandreturned camp.It newsletter, hewasfound,andbroughttoaPOW where hetriedtoescapenotice.Eventually, hetellsthe hit theground,justthatfast,”hetoldnewsletter. parachute packopenwithhishands. by escapingthroughtheplane’s hatch,andrippinghis 381st BombardmentGroup,hewasabletomakeitoutalive B-17 co-pilotwasshotdown,butunlikemostofhisfellow the newsletter. The Germany, hetold fighters over from German head-on attack his unitfaceda excitement when found that Energy News. Cooperative Wisconsin Latton toldthe sit-downish,” practice waspretty because thelaw something active would getin thought thatI Force on1942. enlisted inthe Air W. Latton and otheritemsforallofthechildreninattendance. provided personalizedbackpacksfilledwithbooks,games, a childbychoosingtoadopt.” Latton foundhimselfaloneintheGermanfarmland, “The whitesilkofthe‘chutecameuppastmyfaceandI He quickly “I stupidly Retired ColumbiaCountyCircuitCourtJudge Jockey BeingFamily, anadoptionawarenessprogram, Photo credit: Kenosha News/Kevin Poirier Wisconsin Veterans Museum. and othermementoesoftheprisoncamps,to himself andhisfellowPOWs,newspaperclippings scrapbook filledwithwritingsanddrawingsmadeby which wascoveredbythe lights” onthetheater’s marqueebeforetheevent, Contributions.” “Wisconsin Women:Celebrating Their Everest Area SchoolDistrictOralHistoryProject, celebrate abookreleaseofthe22ndeditionD.C. Great Hallindowntown Wausau Oct.26.to Ann WalshBradley the timeshewasgrowingup, newspaperquoted do andcaneverything. Ifwewanttoandif hard wecoulddoanything… And it’s true. Women Abrahamson assaying. Chief Justice The newsletterreportsthatLattondonateda Abrahamson andBradleyhadtheir“namesin There werefewwomeninpositions ofpowerat “But wehadourmothers,whosaid ifweworked was justlookingforalittleexcitementwhenhe Shirley S. Abrahamson made ateamappearanceatthe Wausau DailyHerald see People and Justice Howard on page 18 .

THE THIRD BRANCH 2011 Fall 17 18

Fall PEOPLE continued from page 17 2011 showing an abbreviated description of the charges and juror responsibilities. THE THIRD BRANCH “I watched the jury, and when there was something on the display, they were all actively involved and listening,” Sankovitz said. “When all they could do is listen and not see, I could tell they strained and were not as actively involved,” the Law Journal quoted Sankovitz as saying. Portage County Judge Frederic W. Fleishauer told the Law Journal that he has used PowerPoint presentations to help Photo credit: Wausau Daily Herald Photo credit: Wausau Judge Frederic W. Chief Justice Shirley S. Abrahamson and Justice Ann Walsh illustrate to jurors the elements of Fleishauer Bradley share a light moment during a presentation marking a criminal offense and what they the release of the most recent edition of the oral history should look for. He lets attorneys project, “Wisconsin Women: Celebrating Their Contributions.” on both sides of a case know beforehand to give them a work hard at it, we can do it.” chance to object, Fleishauer said. Abrahamson and Bradley are featured in this edition of Not everyone favors the use of slides to supplement jury the book, a student project published annually. More than 50 instructions. Visuals can divert jurors’ focus from the students interviewed 95 Wisconsin women for this edition, judge’s verbal instructions, former Waukesha County Circuit the Daily Herald reported. Judge Kathleen Stilling said.

The Wisconsin State Journal reported on Oct. 23 that Three Wisconsin judges were featured in a recent circuit courts in Wisconsin are relying more on reserve Wisconsin Law Journal article about a disparity between the judges to hear cases or delaying cases as they wait for numbers of women and men judicial vacancies to be filled. judges in the state. “It’s a little like a school system About 50 percent of the state’s with nothing but substitute teachers, population is female, while just and not the same substitute every 17 percent of judges are female, day,” the State Journal quoted Chief the Law Journal reported. Judge C. William Foust as saying. Court of Appeals Judge Kitty “Cases that need a lot of attention K. Brennan and Milwaukee have to sit and wait for the arrival of County Circuit Court Judges the real judge.” Mary Triggiano and Richard J. Courts around Wisconsin have Sankovitz were quoted in the waited an average of 124 days from article, which ran Oct. 24. the time the governor’s office “That disparity works against solicited applications for open judges’ efforts to provide people a judicial seats until a successor was fair and balanced court,” the Law Judge Kitty K. Brennan announced, according to the Journal wrote, paraphrasing Chief Judge C. William Triggiano. Foust newspaper on that date. “Appearances are everything Two Wisconsin circuit court judges were recognized sometimes… Even though recently in an article by the Wisconsin Law Journal for someone might come in and be in innovations in providing jury instructions. front of judge of a different Milwaukee County Circuit gender or skin color, if they are in Court Judge Richard J. the system, it seems more fair,” Sankovitz used slides to Triggiano was quoted as saying. supplement written and verbal jury instructions. An estimated 500 people, “Rather than just reading 19 including three Supreme Court pages of jury instructions to the justices and other dignitaries, people who would decide if Jesus gathered in the Capitol Rotunda Judge Mary Triggiano Gonzalez was guilty of murder, Nov. 15 for a memorial service in Milwaukee Judge Richard honor of well-known political reporter Dick Wheeler. He Sankovitz mixed in some died Nov. 11, 2011 at the age of 67. visuals,” the Law Journal Wheeler was recognized for nearly 40 years of service in reported. reporting on state government, most recently in his online Sankovitz supplemented his news service, The Wheeler Report. The memorial service Judge Richard J. verbal instructions with slides Sankovitz see People on page 31 Dane CountyCourthouseSpace Committee, Legislative Criminal DefenseIndigent Attorney Appointment Project, committees, boardandprojects, including theDaneCounty the communitythroughmembershiponnumerous commissioner. While onthebench,Moeserfurtherserved assistant districtattorneyandfamilycourt to thebenchin1979,afterservingasaDaneCounty legal issuesinanefficient andcompassionatemanner.” “but whatIenjoyedthemostishelpingpeopleresolvetheir the courtroom.” Wisconsin State JournaloftheretirementDaneCounty own mediationpracticeandtotraveltheworld. ( judge, whileawaitingtheappointmentofherreplacement she saidareall“top-notchpeople.” said. “Andthesameclerksince1994or’95.” to somelong-servingcolleagues. “It hasbeenverysuccessful,”Klukasaid. established andisstaffed byvolunteers. Kenosha County, asmallclaimsmediationprogramwas specialty courts,whichshecalleda“greatthing.”In case. Butthisnegativehasbeenoffset bythegrowthof to managethecaseloadwhilegivingproperattentioneach increase incaseloads,whichcreatedthechallengeoftrying as anassociatedeanoftheJudicialCollege. Advisory Committee(PPAC) PlanningSubcommittee,and Conduct Advisory Committee,PlanningandPolicy member oftheJudicialEducationCommittee, judge fortheSecondJudicialDistrict,andservedasa Dane CountyCircuitCourt Judge DanielR.Moeser Judge DanielR.Moeser see rdaeo WLawSchool,Moeserwasfirstelected graduateofUW A Moeser saidtherearetoomanymemoriestoenumerate, “It’s asadday,” ChiefJudgeC. William Foust toldthe After herretirement,shecontinuedtoserveasareserve She saidshewillalsomisstheotherjudgesandstaff, who “I havehadthesamecourtreporterfor22years,”she When sheretiredon Aug. 31,Klukahadtosaygood-bye While onthebench,Klukasaidshenoticedadistinct RETIREMENTS New judges on page25 looking asenergetic ashedidin shorts insteadofablackrobe,and to-do listathome,in T-shirt and Moeser waswhittlingdownhis Dane Countyhistory, Daniel as thelongest-servingjudgein about Moeserwiththis: Moeser retiredinJune. courthouse Fridayafternoon.” memory walkedoutofthe Moeser. “Decadesofinstitutional Circuit CourtJudgeDanielR. ). Shesaidalsoplanstoopenher “Not evenaweekafterretiring The State Journalleditsstory After 32yearsonthebench. continued frompage 9 put off foryears.” game ofgolfandgenerallystayingbusydoingthingsIhave doing mediationandarbitration“finallyconqueringthe colleagues, Moeserssayshewillkeepbusyinhisretirement computers, etc.”hesaid. correcting typewriters,followedbyfaxmachines, have beenalittlemorelinear. back tosmallerfirms.Butsomechangeshehaswitnessed large firmsspecializinginspecificareasoflaw, andnow evolution ofthepracticelawfromsmallerfirmstovery and formerpresidingjudgeofthecriminaldivision. He isalsoaformerchiefjudgefortheFifthJudicialDistrict and theDaneCounty Task ForceonDrinkingandDriving. Diversion Committee,DaneCountyJuryStudy Committee, Committee oftheJudicialConference,DaneCountyJail Journal County CircuitCourtJudgeFrederic W. Fleishauertoldthe work, youhaveahugevacancytotryandfill,”Portage Court, fromtwotothree. and theincreaseinjudgesPortageCountyCircuit have beentheincreaseofstaff membersintheclerk'soffice Journal of courtsoffice forthepreviousthreeyears.Shetold day, you'veaccomplishedsomething.” Point Journal Fourth JudicialDistrict District Court Administrator, Jerry Lang position twotimes,mostrecentlyinNovember2010. on Sept.2after20years.Flatoff had beenelectedtothe Portage CountyClerkofCourt Bernadette Flatoff Community inOshkosh. County LiteracyCouncilandwiththeEvergreen Retirement is currentlyvolunteeringasatutorforthe Winnebago Selection and Treatment. State-Tribal JusticeForum,andtheSubcommittee onJuror Committee, ChiefJudgesSubcommitteeonChildSupport, Sheboygan, and Winnebago Counties,since1984. which encompassesCalumet,FondduLac,Manitowoc, fortheFourthJudicialDistrict, Lang hadservedasaDCA Patricia CalBakerhasbeenappointed tofillthevacancy. While hemissesthedailyinteractionswithhisstaff and “I rememberhowexcitedwewerewhengotself- Moeser sayshehasnoticedoverthespanofhiscareer “When youlosesomeonewhoisveryexperiencedinher Flatoff wasfirstelectedin1991,afterworkingtheclerk “I lovemyjob;Iwhatdo,”Flatoff toldthe Portage CountyClerkofCourtBernadetteFlatoff retired Lang saidhisretirementplansincludevolunteerwork.He Lang isaformermemberofthe Tribal JusticeForum District Court Administrator JerryLangretiredonJune24. . that thebiggestchangesshehasseenoveryears in August. “Ifyoucanhelponepersononcea Stevens 

THE THIRD BRANCH 2011 Fall 19 20

Fall Wisconsin celebrates juror appreciation 2011 month during September THE THIRD BRANCH Several Wisconsin counties held events during September W. Blanchard and Chief Judge C. William Foust, Dane to recognize jurors for their invaluable service. County Circuit Court, addressed Dane County jurors. Jurors During 2010, more than 67,000 people reported to were thanked for their service with treats, tote bags and Wisconsin courthouses for jury refrigerator magnets, and a duty, and more than 19,000 banner was hung in the served on a trial. courthouse lobby. “Each and every juror plays a Brown County Circuit Court critical role in the justice hosted a press conference that system,” said Supreme Court drew television coverage on Chief Justice Shirley S. Sept. 15, inviting past jurors to Abrahamson. Although jurors talk about their experiences. are appreciated year ‘round, Other counties that organized Juror Appreciation Month some type of activity to mark offers a chance to formally the occasion included: Barron, recognize them, Abrahamson Forest, Iron, Lafayette, said. Langlade, Lincoln, Marathon, The theme of statewide Juror Marinette, Menominee, Oneida, Appreciation Month is “Jurors Price, Rock, and Taylor, Serve Justice; Justice Serves Washington, Waukesha and Us All.” Statewide Juror Waupaca. Judge James C. Babler, Judge Timothy M. Doyle, Clerk of Appreciation Month was Circuit Court Sharon Millermon and Judge James D. In Barron County, officials launched in 2008. The Babbitt (left to right) purchased a banner with personal hung a banner and issued a statewide program builds on funds to thank Barron County jurors for their service. press release noting the the success of a Milwaukee amount of preparation and County juror appreciation program that was established in involvement needed to support the jury trial process: “The 2007. Each Wisconsin county marks the occasion in its own clerk of court monitors the administrative procedures used way. Some county boards approve supporting resolutions, to create a jury list and summons individual jurors for a trial and local court or county officials may make appearances to to make sure the process is fair and efficient and that the personally thank jurors for their service. jurors are made as welcome and as comfortable as possible. In Milwaukee County, Judge Joe Donald, Supervisor The Judges monitor the trial process to ensure that the Willie Johnson, Jr., Milwaukee Clerk of Circuit Courts John jurors are treated with respect, that their time is used wisely, Barrett and former juror Charles Lawler appeared on WISN and they are provided with a clear description of the Radio’s “Inside the County Board” for a segment featuring applicable law.” Juror Appreciation Month. The program was hosted by “No jurors should go without being thanked for their Harold Mester and aired on Sunday, Sept. 4. crucial service to the state and our democracy,” Abrahamson Milwaukee County Jurors summoned during the month of said. Juror Appreciation Month is a chance to recognize September were offered reusable “It Was Fair, I Was There” family members, friends and employers of jurors, who may bags, donuts and other treats, along with opportunities to be inconvenienced when one of their own is called to serve win passes to Milwaukee County venues such as the zoo. on a jury. Banners also were hung on the exterior of the courthouse to “Without jurors our system of justice would not function mark the occasion. properly, and we would not be able to guarantee the In Dane County, District IV Court of Appeals Judge Brian constitutional right to a trial by jury,” Abrahamson said. 

A worker hangs a banner to display during Juror Appreciation Month at the Dane County Courthouse. O the MilwaukeeCounty Jail). County Correctional Facility-Central(formerlyknown as implementation ofUniversalScreening intheMilwaukee in PhaseIIofthegrant.One those initiativeswas in theimplementationofinitiatives developedandadvanced The jurisdictionwillreceiveintensive technicalassistance Evidence-BasedDecisionMakingInitiative. of Corrections’ jurisdictions toadvancePhase IIIoftheNationalInstitute decision points. effort toemployevidence-basedpracticesatkeysystem ispartofanongoing expert inpretrialriskassessment, training, conductedbyMarie VanNostrand, Ph.D.,anational Decision MakingtoPretrialRelease&Detention.” The attended thetrainingsession:“ApplyingEvidence-Based enforcement, victimwitnessandpretrialservicesstaff assistant districtattorneys,publicdefenders,law By BethBishopPerrigo,DeputyDistrictCourt Administrator, FirstJudicialDistrict pretrial release anddetention release pretrial sessionsin Districthoststraining First icni.ArecordingfeaturingallspeakersattheeventisavailableforviewingonWisconsinEye. Wisconsin. A presented aplaquesignedbyallsevenjusticescommendingthelibrary’s 175yearsofexemplaryservicetotheState of Law LibrarianJulieTessmer welcomedeveryoneandintroducedthelibrarystaff, andChiefJusticeShirleyS. Abrahamson Stu Levitan onthecityofMadison’s legalandpolitical“moversshakers”inthe19thearly20thcenturies.InterimSta Sept. 14. About 125invitedguests heardtalks byLarryT. Nixonimportant figuresinWisconsin’s earlylibraryhistoryandby The Wisconsin State LawLibraryculminatedayear-long celebrationofits 175thanniversarywithareceptionatthelibraryon s B included JudgeJamesC.Babler, Assistant District Attorney full teamoftherecommendedprofessionals. The team statutes. the surrenderandcompliancearenotsetforthin surrender ofthosefirearms,butthepracticalproceduresfor restraining ordercases. Wisconsin lawrequiresthe protocols forthesurrenderoffirearmsindomesticabuse Assistance, wasdesignedtoassistcountiesinsettingup The trainingsession,providedbytheOffice ofJustice E Milwaukee Countyrecentlywasselectedasoneofthree Barron Countywastheonlycountyinstatetosenda u a Firearms Surrender Training Session in Weston, Wis. arlier thisyear, ateamfromBarronCountyattended commissioners, MilwaukeeCountyBoardSupervisors, n Sept.27and28,morethan325judges, r r r r e o n n d

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2011. Central whichissettostartthefirst weekofNovember screening intheMilwaukeeCounty CorrectionalFacility- Both toolsarescheduledforpilot testinginuniversal through acollaborativeeffort amongsystemstakeholders. inform andguidepretrialrelease decisions,wascreated study andre-design. The resultingpraxis,atooldesignedto pretrial riskassessmentinstrumentunderwentavalidation screening workplanduringPhaseIIoftheinitiative, developed.” will beusingitandneedtounderstandhowwas pretrial riskassessmentinstrumentincontextforthosewho development oftheMilwaukeeCountypraxisand Jeffrey A. Kremers.“Herpresentationwillputthe the criminaljusticesysteminMilwaukee,”saidChiefJudge VanNostrand providingtrainingtothose ofuswhoworkin t Babler said. of theDepartmentsinvolvedthatthiscanbeasuccess, this seriousproblem.Itisonlywiththecooperationfromall Barron Countydepartmentsarecommittedtoaddressing officers whorespondtothosedomestic abusesituations. ensuring thesafetyofdomesticabusevictimsandpolice put inplace. The firearmssurrender protocoliscrucialto agreed onaprotocolforBarronCounty, whichithopesto Advocate KristyMoran. Sheriff’s DetectiveDaveKuffel, andDomestic Abuse Maureen Boyle, Victim Witness CoordinatorMaryHogan, As aresultofintensivereviewtheoriginaluniversal “We arefortunatetohaveanexpertsuchasDr. Subsequent tothetrainingsession,teamhasmetand r a  i n 

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THE THIRD BRANCH 2011 Fall 21 22

Fall 2011 First District visit includes meetings with chief judge, Milwaukee Bar THE THIRD BRANCH hile in Milwaukee on other community. Wcourt business, Chief Justice Abrahamson also attended a Shirley S. Abrahamson took time meeting of the Executive to meet with Chief Judge Jeffrey A. Committee of the Milwaukee Kremers and to attend the Homicide Review Commission Executive Committee meeting of (MHRC) which featured Kremers the Milwaukee Homicide Review as the guest speaker. He discussed Commission with him and Deputy evidence-based decision making in District Court Administrator Beth the criminal justice system. Bishop Perrigo. Established in January of 2005, the Also, during the visit she met with MHRC is a central component to Kremers, the Chief Justice’s the city of Milwaukee’s violence Executive Assistant, Theresa Owens, During her visit to Milwaukee County, Chief prevention efforts. MHRC was and representatives of the Milwaukee Justice Shirley S. Abrahamson met with the designed to gain a better Bar Association about the “Courts Milwaukee Homicide Review Commission understanding of homicide through Connecting With Communities” members, including, front row: left to right: strategic problem analysis; develop Milwaukee Homicide Review Commission Director project. (See related story, page 23). Mallory O'Brien; E. Marie Broussard, Behavioral innovative and effective responses Abrahamson has introduced a Health Division, Milwaukee County Department of and prevention strategies; and, to coordinated outreach program, Health and Human Services; Nicole Robinson, help focus available prevention and including an outreach toolkit, Associate Researcher for the Milwaukee Homicide intervention resources. planning checklist and descriptions Review Commission. Back row, left to right: The MHRC is comprised of law of successful outreach programs. Housing Authority of the City of Milwaukee Chief enforcement professionals, criminal Owens, along with Court of Public Safety Greg Moore; National Association justice professionals and community Information Officers Amanda Todd of School Safety and Law Enforcement Officers service providers who meet Executive Director James Koleas; and Assistant and Tom Sheehan helped select District Court Administrator Beth Perrigo. regularly to exchange information local outreach programs that have regarding the city’s homicides and, proven successful and included them in a manual to be used in some cases, nonfatal shootings, identifying methods of as a resource for local outreach. The First Judicial District prevention from both public health and criminal justice has a long-standing outreach program but, with the help of perspectives. The MHRC makes recommendations based on the Milwaukee Bar Association, plans to pursue new ideas trends identified through the case review process. Perrigo to increase the courts presence in the Milwaukee-area serves on MHRC Executive Committee. 

Tour continued from page 2 leadership team answered questions and facilitated District,” Needham said. discussions on both immediate and long-term issues – from GaleWyrick said “the scope and size of the district, the practical matters such as budgets and case-flow management extensive knowledge of judges, staff and justice system to recent legislation such as the implications of the recently partners is impressive.” She said she looks forward to approved Concealed Carry Law. Discussions also involved working on the priorities, issues and concerns noted during criminal justice collaboration and the impact of treatment the tour. courts and evidence-based decision making on the courts. Judge William M. Gabler, Eau Claire County Circuit The visits helped improve understanding of the issues Court, said district circuit court judges benefitted from the affecting the courts at the local level, said Needham, who visit by Needham, GaleWyrick and Johnson. made the tour for the first time in his capacity as chief judge. “They wanted to know what we thought. They “The Tenth District is an extremely large district volunteered to be a resource for any challenges we face. comprising 24 percent of the geography of Wisconsin. As They took two weeks out of their busy calendars to help us we are somewhat distant geographically, it is essential that I and other court system employees do a better job of serving and my leadership team spend time directly with our judges the public,” Gabler said. and staff, as well as other critical justice system partners in Judge Steven P. Anderson, Rusk County Circuit Court, their counties.” agreed: “We found it gratifying to know that the judges, The tour includes an extensive agenda and rigorous DCA and director of state courts came and talked with all of timetable, and administrators come back with much more the interested justice system partners. We are pleased that information than they brought to the discussion, Needham (as a group) they are interested in the pressing issues within said. Rusk County and were happy to be included.” “I have conducted the tour both as a deputy chief judge Judge Howard W. Cameron, St. Croix County Circuit and now as a chief judge and am so very impressed with the Court said he appreciated having the opportunity to share creativity, dedication, and determination to positively impact concerns about issues facing judges in the district and the delivery of justice through all 13 counties in the being informed about issues faced by other judges.  A By ShellyCern,PPAC Policy Analyst update quarterly Committee Planning andPolicy Advisory www submitted publiccommentshere: Jan. 11, 2012. You canfindtherulepetitionandany The courthasscheduledapublichearingonthispetitionfor SCR 70.38-70.39,relating tocourtsecurityandfacilities Petition 11-03 conference onNov. 7regardingtheschedulingof Court SecuritySubcommittee submission oftherulepetition. recommendations putforthinthisreportandsupportedthe within specialtycourts.PPAC adoptedthe Court RulePetitionregardingexpartecommunications system. Accompanying thisreportwasaproposedSupreme accountability andopenrecordsinthecriminaljustice confidentiality fortreatmentrecordsandtheneedpublic courts strikeanappropriatebalancebetweentheneedfor court experience. These bestpractices areoffered tohelp of Wisconsin circuitcourtjudgesandclerkswithtreatment parte information.Itwaspreparedbyanadvisorycommittee courts regardingrecord-keeping,confidentiality, andex keeping, Confidentiality&ExParteInformation.” “Wisconsin Treatment Courts:BestPracticesforRecord- from theSpecialtyCourtRecordkeeping Workgroup entitled judiciary throughoutthisprocess. suggestions. PPAC willbeinregularcommunicationthe determine themostappropriatewaytoimplementthese of State Courtstoprocessallofthis informationand will workwithitsPlanningSubcommitteeandtheDirector debriefing sessiontocollectfeedbackfrommembers.PPAC At itsmostrecentmeetinginearlyNovember, PPAC helda committee mightdoitsjobmoreeffectively inthefuture. processes ofPPAC aswellsuggestionsabouthowthe judiciary aboutchangestothestructure,operationsand The 2012CourtSafetyandSecurity Conference, The SupremeCourtheldanopenadministrative This reportrecommendsbestpracticesfortreatment Also atitsNovembermeeting,PPAC receivedareport PPAC collectedasignificantamountoffeedbackfromthe     plenary sessionwiththefollowinggoals: t thisyear’s annualjudicialconference,PPAC hosteda .wicourts.gov/scrules/1 Invite attendeestoreview/adoptarevisedlistof Invite attendeestosuggestimprovementthe Understand andsupportthegoalsofPPAC andthe Understand andappreciatethehistory Wisconsin JudicialBranchtwo-yearpriorities. responsiveness, effectiveness, andefficiency ofPPAC. Branch. advance thestrategicagendaof Wisconsin Judicial processes andtoolsusedbyPPAC toformulateand accomplishments ofPPAC. – In thematterofrepeal andrecreation of 103.htm Rule . www information abouttheconferencemaybefoundhere: and respondingtowitnessintimidation.Moredetailed security/protection, evidenceandsurrenderingofevidence, Featured topicsincludeconcealedcarry, judicial take placeonMarch20-22,2012in Appleton, Wisconsin. “Maintaining aSafeCourthouseinUncertain Times” will of thesubcommitteewill: subcommittee tobeginwork.Specifically, thesecondphase recommendations andauthorizedPhaseIIofthe in Wisconsin. PPAC acceptedthefinalreportand appropriate programmingorinitiativesforimplementation August. PhaseIwasafeasibilitystudytodetermine Phase IfinalreportandrecommendationstoPPAC in Limited ScopeRepresentation Subcommittee www initiatives canbefoundat: Critical IssuesReport conference foruseindraftingthereport. The 2012–14 survey resultsandinformationcollectedatthejudicial conference session. The subcommitteewillbeanalyzing subcommittee onthisprojectandPPAC onthejudicial external stakeholdergroupsinOctobertoassistboththis web-basedsurveywassenttointernaland term priorities. A Critical IssuesReport Planning Subcommittee (608) [email protected]. addressed toShellyCernintheOfficeofCourtOperations, Questions aboutPPAC anditssubcommitteesmaybe www subcommittee’s PhaseIreport,pleasevisit: The PPAC LimitedScopeSubcommitteepresentedthe The subcommitteecontinuesitsefforts onthe2012-14 For moreinformationaboutPhaseIIandtoviewthe Further informationaboutPPAC, itssubcommitteesand     .fvtc.edu/css .wicourts.gov/about/committees/ppac.htm .wicourts.gov/courts/committees/ppac.htm Study anddraftproposedamendments totheRulesof Develop strategiesforstatewideimplementationof Create courtforms;and Collaborate withjusticesystemstakeholdersto and ghostwriting; service, communicationbetweencounselandparty, limited appearancesandwithdrawal,filing expanded scopeoflimitedrepresentation, Professional Conductfor Attorneys addressingan Civil and Appellate ProcedureandRulesof limited scoperepresentation. for judges,courtstaff, andlawyers; identify educationalprogramsandtrainingmaterials can beexpectedinearly2012. to identifythecourtsystemshort- . 

THE THIRD BRANCH 2011 Fall 23 24

Fall New judges continued from front page 2011 Waukesha County bench in 2010. Prior to that, he had General J. B. Van Hollen, and has served on the Wood represented the 84th District in the state Assembly since County Head Start and McMillan Public Library boards, THE THIRD BRANCH 1998. Gundrum received a bachelor’s degree from UW- according to the governor’s office press release. Madison and a Law degree from the UW Law School. He Brazeau is married and has two children. holds the rank of major in the U.S. Army Reserve and has served in the Judge Advocate General Corps since 2000. As Jeffrey S. Froehlich part of his military duties, Gundrum worked with Iraqi judges in helping develop the Rule of Law in that country. Calumet County Circuit Court Jeffrey S. Froehlich is following in his father’s Gary L. Bendix footsteps. He has been appointed Manitowoc County Circuit Court by the governor to the Calumet Judge Gary L. Bendix was County Circuit Court bench appointed by Gov. Walker to the shortly after his father, Judge Manitowoc County Circuit Court, Harold V. Froehlich, retired from Branch 2 bench. Bendix replaces the Outagamie County Circuit Judge Darryl W. Deets, who Court (see The Third Branch, stepped down in June (see The spring 2011). Third Branch, spring 2011). “I want to continue to protect Prior to his appointment, the property rights and the Bendix worked in private practice personal liberties of the citizens and as a supplemental court of Calumet County and the state commissioner for Manitowoc of Wisconsin, continue providing Judge Jeffrey S. Froehlich County. swift and uniform justice Bendix received his bachelor’s whenever possible,” Jeffrey Froehlich told the Appleton Judge Gary L. Bendix degree from UW-Parkside and his Post-Crescent. law degree from UW Law His appointment fills the vacancy created by Judge Donald School. He is a past president of the Manitowoc County Bar A. Poppy’s retirement (see The Third Branch, summer Association and former chair of the Office of Lawyer 2011). Regulation District 4 Investigative Committee. He has also Froehlich had served as assistant district attorney for served on the Manitowoc Circuit Court Advisory Committee Calumet County for more than 10 years. He had previously and the Medical Mediation Panel. served as a public service special prosecutor for Calumet County and a law clerk and court commissioner for Oneida Nicholas J. Brazeau Jr. and Vilas Counties, according to the governor’s press release. He is a graduate of UW-Stevens Point and UW Law Wood County Circuit Court School. Walker appointed Nicholas J. Brazeau Jr. to replace Judge James M. Mason, who retired Gregory B. Gill Jr. from the Wood County bench in Outagamie County Circuit Court June (see The Third Branch, Judge Harold V. Froehlich’s summer 2011). vacant seat on the Outagamie The law may be in the Brazeau County Circuit Court Branch 4 blood. Not only have members of bench has been filled by Gregory his family been practicing law in B. Gill Jr. Wisconsin for more than 100 “My expectation is to come in years, the Marshfield News and be (a judge) who is very fair Herald reports, but his great- and very open-minded,” Gill told grandfather, Theodore Brazeau, the Post-Crescent. “I feel that it’s Judge Nicholas J. has a direct connection to the important that everybody have Brazeau Wood County Circuit Court. their opportunity in the court Mason, the former Wood County system.” Circuit Court Branch 2 judge used to carry Theodore Gill, who graduated from UW- Brazeau’s golf clubs. “I couldn’t have realized as a 13- or Madison and the UW Law Judge Gregory B. Gill Jr. 14-year-old kid that I’d have the opportunity to swear in the School, has worked in private great-grandson of that respected lawyer,” the News Herald practice. He had previously served as assistant district reports quoted Mason as saying at the ceremony. attorney for Outagamie County and as a law clerk for Judge Brazeau has worked in private practice for the past 14 William C. Griesbach of the U.S. District Court in Green years. He is a graduate of UW-Milwaukee and Loyola Bay, according to the governor’s press release. University-Chicago School of Law. Brazeau was appointed to the Wisconsin Crime Victims Council by Attorney see New judges on page 25 Judge NelsonW. Phillips ( created bytheretirementofJudgeFrancis T. Wasielewski Defender Servicesof Wisconsin. a memberoftheBoardFederal LawSchool.Heis law degreefromUW from theUniversityofMichiganandhis practice. and mostrecentlyworkedinprivate district attorneyforMilwaukeeCounty, on page9 the retirementof JudgeBarbara A. Kluka( Kenosha CountyCircuitCourtBranch 2vacancycreatedby Circuit Courts Menominee andShawanoCounty William F. Kussel New judges Kenosha CountyCircuit Court Rossell Jason A. Milwaukee CountyCircuitCourt Nelson W. Phillips III jurisdictions,” Kusseltold to workasafairandimpartialjudgewithinthese Menominee-Shawano CircuitCourtandhavetheprivilege University SchoolofLaw. graduate ofSt. NorbertCollegeand Southwestern Tribal GamingCommission,andaprogramattorney. Heisa Judge William F. Kussel see His appointmentfillsthevacancy Phillips receivedhisbachelor’s degree “Jason Rossell’s extensive experienceasaprosecutor and Jason A. RossellwassworninonNov. 11 tofillthe “I’m veryproudandhumbledtobeappointedthe The Third Branch, The Third ). continued frompage 24 summer 2011 assistant served asan has also Phillips III Nelson W. Circuit Court. County Milwaukee bench inthe the Branch17 chosen totake District of Wisconsin hasbeen Attorney’s Office intheEastern legal counseltotheMenominee that, hewasatribalprosecutor, services forthetribe.Priorto serving asdirectoroflegal past 25years,mostrecently with theMenomineetribefor 2011 ( Thomas G. Grover’s retirement Circuit CourtscreatedbyJudge Menominee andShawanoCounty Kussel tofillthevacancyon The ShawanoLeader see formerprosecutorfortheU.S. A Kussel hadpreviouslyworked Walker appointed William F. The Third Branch, The Third ). ). County Courthouse. Oct. 21ceremonyattheEauClaire Court, whowassworninduringan Theisen, EauClaireCountyCircuit congratulates newJudgeJonM. Justice MichaelJ.Gableman see Retirements . spring J.D. fromtheUniversity ofNorthernIllinoisLaw School. from theUniversity ofPittsburgh, andhis Notre Dame,aMasterofLibrary Science received hisB.A.fromtheUniversity of 2001, andhadwonreelectiontwice. He attorney’s office toaccepttheposition. Chippewa Herald some timeinthefuture,” Theisen toldthe opportunity Iwantedtoadvancetowardat WLawSchool,Sharpworkedasalaw UW and childsupportenforcementattorney. attorney, assistantcorporation counsel the countyasanassistantdistrict since 1993.Hehadpreviouslyserved District Attorney, apositionhehadheld Third Branch, Leineweber retiredonJune30( been filledby W. Andrew Sharp. Judge EdwardE.Leineweber’s seat has Richland CountyCircuitCourt W.Sharp Andrew for theKenoshaCountyCircuitCourt. Association andasaGuardianadLitem president oftheKenoshaCountyBar LawSchool,hehasservedas UW attorney forKenoshaCounty. previously servedasanassistantdistrict worked inprivatepracticeandhad court withfairnessanddignity.” to servehiscommunityandthecircuit confident thatMr. Rossellwillcontinue announcing theappointment.“Iam serve thepeopleofKenosha,” Walker saidinapressrelease in privatepracticemakeshimexceptionallyqualifiedto Theisen waselecteddistrictattorney in After receivinghislawdegreefrom Sharp istheformerRichlandCounty Former RichlandCountyCircuitCourt graduateofUW-Whitewater and A Prior tohisappointment,Rossellhad

Photo credit: Dan Reiland/ summer 2011 Eau Claire Leader-Telegram time Isawitasan my job,butatthesame County districtattorney. served astheChippewa about leavingthedistrict appointment, Theisen Branch, The Third Chief JudgeBenjaminD.Proctor( available bytheretirementofformer County CircuitCourt. The seatwas made Branch 4vacancyontheEauClaire Circuit Court Eau ClaireCounty Jon M.Theisen County CircuitCourt. clerk fortheDodge “I amreallyhappyin Prior tohis Jon M. Theisen wasselectedtofill the ). see The summer 2011 Judge Jason A. Rossell Judge W. Andrew Sharp Judge JonM.Theisen ). see 

Photo credit: Dan Reiland/ THE THIRD BRANCH Eau Claire Leader-Telegram 2011 Fall 25 26

Fall Local courts benefit from federal grants 2011 THE THIRD BRANCH

Judge William J. Domina, who presides over the Waukesha County's Alcohol Treatment Court, will also preside over the county's new drug treatment court. our Wisconsin circuit courts will benefit from Bureau of Milwaukee County Awarded Family FJustice Assistance grants awarded in September. Drug Treatment Court Grant Milwaukee County has been awarded a $650,000 grant Waukesha awarded grant for drug from the Office of Juvenile Justice Delinquency Prevention treatment court (OJJDP) to implement a Family Drug Treatment Court in The Waukesha County Criminal Justice Collaborating Children’s Court. The court is designed to improve timely Council’s (CJCC) June application to fund a drug court has and effective identification, assessment, treatment and, been approved by the U.S. Dept. of Justice Bureau of Justice hopefully, reunification with parents whose substance abuse Assistance. After a three-month planning and start-up period, has resulted in placement of their child in out-of-home care. 75 non-violent adult offenders with a history of drug abuse The targeted group is parents or guardians of children with will be admitted to the program over a three-year period. priority on new emergency detentions in which the child is A CJCC committee on Drug Abuse Trends, chaired by age 12 years or younger. District Atty. Brad Schimel, had been struggling to address “The receipt of this grant is the culmination of the rising opiate abuse in the community. A presentation by collaboration of the Children’s Court staff, Behavioral representatives from Rock County’s drug court spurred the Health Division, District Attorney’s Office, the Bureau of CJCC Executive Committee, including Chief Judge J. Mac Milwaukee Child Welfare and community agencies who Davis, County Executive Dan Vrakas, and County Board have created a plan to assist the targeted families,” said Chairman Jim Dwyer, to push the grant application forward Chief Judge Jeffrey A. Kremers. “This is an opportunity for last spring. CJCC Coordinator Rebecca Luczaj prepared the parents to participate in a voluntary program in which they application, which resulted in a $350,000 award. will enroll in substance abuse treatment, receive recovery Referrals to the drug court will be via state/defense support for health care, housing, education, employment and agreements, including deferred prosecution and plea transportation. I commend both Judge Karen Christenson agreements. Waukesha’s current alcohol treatment court and Liz Finn Gorski for their work on this effort.” Judge William J. Domina will handle the new drug court as The model for the grant has been in development for more well. Selection of a program vendor will take place later than a year. The OJJDP funding will support a full-time this year. project coordinator, drug testing, performance monitoring In addition to starting a drug treatment court, Davis said and evaluation that will allow the Family Drug Treatment Waukesha County will be hosting a January 2012 training Court to become institutionalized in the community. The session sponsored by the Wisconsin Office of Justice grant is for three years, and openings are available for 94 Assistance (OJA) entitled “Research-Based Smarter participants at any one time. Several hundred individuals are Sentencing.” anticipated to be served over the term of the grant. The The program is designed to offer the latest evidence-based grant also includes plans to sustain the treatment court research into sentencing and related criminal justice beyond the three years. activities. After offering the program to a national audience in Philadelphia, more locally accessible venues were sought Grant to help Ashland County this year. The training session will be presented by the Minnesota- establish adult drug court based Carey Group, Inc. and the Justice Management Institute The Ashland County Drug Court Team has been awarded (JMI). Waukesha County will be sending a team of seven or a $349,997 grant that will empower the drug court team to eight people to the training, including judges, district plan and establish an adult drug court that will serve attorneys, public defenders, and state Department of approximately 12-15 participants per year. Prior to applying Corrections representatives. Four other southeastern counties for the grant, the drug court team completed the Drug Court have indicated that they will be sending teams as well. A Planning Initiative Training sponsored by the National similar session is being sponsored in Eau Claire County. see Grants on page 27 27

OBITUARIES continued from page 15 Fall 2011 Judge Richard H. Stafford Carolyn K. Olson

Chippewa County Circuit Court Iowa County Clerk of Court THE THIRD BRANCH Former Chippewa County Gov. Scott Walker issued an executive order for flags to Circuit Court and Reserve be flown at half-staff on Aug. 11 in memory of Iowa County Judge Richard H. Stafford Clerk of Court Carolyn K. Olson. Olson passed away on passed away on Oct. 6 at the Aug. 7 at the age of 59. The order cited her 33 years of age of 83. public service in the state of Wisconsin. Stafford, a lifelong resident Olson worked for the Iowa County Zoning Office, the of Chippewa Falls, received Iowa County Clerk’s Office, the Iowa County Clerk of his bachelor’s degree from Courts Office, and the Iowa County Nurse’s Office. She UW-Madison and his law served as clerk of court for the county from 1983 until her degree from UW Law School. death. After graduating, he served in Olson served on the Planning and Public Advisory the U.S. Army Signal Corps. Committee (PPAC) planning subcommittee, the Committee According to an obituary, he to Improve Interpreting and Translation, and the Legislative liked to claim he had served Committee of the Wisconsin Clerk of Court Association. Judge Richard H. on the Eastern and Western Stafford She is survived by her husband, son, and granddaughter. Fronts – New Jersey and California. Gail L. Walker After his service, he returned to Chippewa Falls and worked in private practice with his father. Clark County Clerk of Court In 1978 he was appointed to the circuit court. After his Clark County Clerk of Court Gail Walker passed away on retirement in 1994, he continued to serve on the bench as a Aug. 19. She was 55 years old. reserve judge for several years. Walker was elected to the clerk position in 2002, and “He was a judge of the people,” Chippewa County Circuit served until the time of her death. She had previously Court Judge Steven R. Cray told The Chippewa Herald. “He worked as a legal secretary in the Clark County district always kept his Chippewa County roots in mind. He was attorney’s office, as well as in banking and at a dental clinic. very modest, and would make fun of himself, but not According to an obituary, she enjoyed vacationing and others.” motorcycle trips, as well as shopping, baking and playing He is survived by his wife, Julie; five children; and nine with her grandchildren. grandchildren. She is survived by her husband, three children, and six grandchildren. 

Grants continued from page 26 Center for Drug Courts in April 2010. Outagamie receives grant for mental Ashland County has experienced a large increase in demand for alcohol and drug treatment over the past several health court years, with prescription drug abuse emerging as an area of Outagamie County received $250,000 for planning and particular concern. The new Drug Court will offer services implementing a “Justice and Mental Health Collaboration based on the seven design features and 10 key components Program.” of drug court recommended by the National Center for The Appleton Post-Crescent newspaper reports the grant Drug Courts, including: culturally appropriate services for will be used to hire a mental health coordinator and to clients, including Native American treatment programs; launch a new court in 2012 to better address non-violent, minimum participation time of 42 weeks for individuals mentally ill offenders. accepted into the program; and comprehensive recovery One of the goals of the two-year program is to reduce resources, including mandatory job training/placement, recidivism by providing proper treatment for people with alcohol and drug treatment, and housing assistance, among mental health issues, according to the Post-Crescent. other things. “The grant requires a $73,000 match, which will be met Participants will be accepted into the program under a with budgeted funds from the clerk of courts, district deferred prosecution/post-adjudication model. All attorney’s and volunteer in offender services offices and appropriate arrestees will be considered for inclusion in the health and human services department, plus additional in- drug court program. Priority will be given to participants kind donations by the Appleton Police Department, who screen positively for drug dependency (as opposed to National Alliance for the Mentally Ill (NAMI) of the Fox abuse), repeat offenders, and offenders who are flagged as Valley and the Wisconsin public defender’s office,” the  being at medium to high risk for recidivism by the newspaper reported. Wisconsin Department of Corrections COMPAS system, an evidence-based risk assessment system that will be coming online in Ashland County by the end of 2011. 28

Fall 2011 Courts Connecting with Communities – Outreach Programs THE THIRD BRANCH By Theresa Owens, Executive Assistant to Chief Justice Shirley S. Abrahamson ourts Connecting with Communities is a project of the project and materials COffice of the Chief Justice designed to gather and share with judges and local information about successful local outreach programs that bar association can be replicated across Wisconsin. representatives in So far, the project includes a “toolkit” of 17 programs that Milwaukee, Dane, help communicate the importance and value of the work of and Dodge Counties. the judicial branch. The project The Wisconsin court system’s commitment to providing encourages public education about the courts is supported by a variety collaboration between of outreach programs at the state level and in counties judges, lawyers, and throughout the state. Many of these initiatives are driven by the public and innovation at the local level, where courts and communities emphasizes

are connecting to develop programs to meet the ever- maintaining a strong Times Daily Watertown changing needs of the people. connection between This project focuses on compiling materials from existing the courts and the outreach programs and developing additional resources to communities they assist with the delivery of outreach programs. serve. Counties have Photo credit: The Courts Connecting with Communities toolkit includes expressed interest in During a demonstration of an inmate materials and resources that have been developed for a using the materials to work-release program, Aaron Ellis, a variety of outreach programs. educate the public supervisor at the Dodge County This project is a work in progress and will continue to be about the work of the Detention Facility, placed an ankle expanded. The toolkit includes a planning checklist and courts and the role of monitoring bracelet on Chief Justice timeline, sample invitations to community leaders and the trial and appellate Shirley S. Abrahamson. Abrahamson justice stakeholders, sample press releases, and a list of courts. was in Dodge County to announce a resources for each program. Information about new outreach initiative. During the visit, local officials took advantage of The programs require different levels of resources, and other outreach the time to share information about many of them can be made simpler or more elaborate as programs and new their own programs. organizers determine which programs will work in their materials are being community. Several of these programs currently exist in added on a regular basis. one or more communities and others are new. Sample programs include town hall meeting, meet your judges, and To date, sample outreach programs include: juror appreciation program. These outreach materials will Juror Appreciation Program (September) be available on the Wisconsin Court System CourtNet. National Hispanic Heritage Month (September 15 – Abrahamson has had the opportunity to share the outreach October 15) Constitution Day (September 17) National American Indian Heritage Month (November) Veterans Day (November 11) National African American History Month (February) National Women’s History Month (March) National Drug Court Month (May) Mental Health Month (May) Law Day (May 1) Town Hall Meeting Brown Bag Lunch with Judges Virtual Courthouse Civil War (2011 is 150-year anniversary) Meet your Circuit / Municipal Courts Courts and the Media Roundtable Discussion Self Help - Access to Justice 

Contact Theresa Owens, executive assistant to the Chief During a recent visit to Dodge County, Chief Justice Shirley S. Justice, at [email protected] or (608) 261- Abrahamson, center, met with, from left to right, Judge Andrew P. 8297 for information about Courts Connecting with Bissonnette, Judge Brian A. Pfitzinger, Dodge County Bar Communities. Association President Katherine Koepsell, and Chief Judge John R. Storck. Sara Ward-Cassady Madison andherlawdegreefromMarquetteLawSchool. Court. Shereceivedherbachelor’s degreefromUW- announced theappointmentofSara Ward-Cassady asdeputy Ward-Cassady nameddeputydirector Foust Chief JudgeC.William Zuidmulder flow ofcases,supervisepersonnel,developbudgets,and professional courtadministrator, chiefjudgesmanagethe Lafayette andRockcounties. Administrative District,whichencompassesDane,Green, and 2010.HeischiefjudgeoftheFifthJudicial to beworkinghis wayintoZuidmulder’s heart–No. 12. number ofhisfather, nowwornbyanotherplayer whohappens the Packersinweeksixthisyear againsttheSt. LouisRams. father’s legacy–a1929“throwback”jerseylikethosewornby he’ll haveoneotherrecentlyacquired itemtohonorhis club, he’llstillhavehisSuperBowl ring,andontopofthat, emeritus status. When boardmembersreachtheageof70,theyareswitchedto Murphy, Zuidmuldersaid. member executivecommittee,headedbyboardpresidentMark act asaliaisonbetweenthepublicandclub’s seven- os ae he fChiefs of Foust namedChief E FACES NEW On Sept.12,DirectorofState Courts A. John Voelker Working asateamwithdeputychiefjudgeand Better yet,hefoundonethatjust happenstomatchthe That’s OKwithZuidmulder. He’ll stillbeinvolvedwiththe Zuidmulder saidheislikelyinhislastyearasadirector. continued frompage 12 in 1998andre-elected2004 appointed in1997.Hewaselected for theMarathonCountyCircuit W County benchsincefirstbeing district. oversee ajudicialadministrative Wisconsin SupremeCourttohelp of whomisselectedbythe the groupof10chiefjudges,each capacity, Foustservesaschairof “chief ofthechiefs.”Inthis Dane CountyCircuitCourt,as Chief JudgeC. William Foust, attorney andcourtcommissioner Marathon Countyandastaff assistant districtattorneyin Lawyer Regulation,andasan investigator fortheOffice of had previouslyworkedasan Court Operationssince2003.She Branch, retired inJune( replaces SherylGervasi,who operations. Ward-Cassady director ofstatecourtsforcourt Foust hasservedontheDane Ward-Cassady hasbeenwith Chief Judgeshaselected isconsin’s Committeeof spring 2011 see The Third ).  Kopp, JulieRich,andDavidRunke. The NewYorker evidence tothecontraryandfretsoverhisunreadpileof Unit ofthestateDepartmentJustice. general intheCriminal Appeals served asanassistantattorney commissioners office afterhaving sectors. Hejoinsthe law inboththeprivateandpublic appointment, Neuserpracticed LawSchool.Priortohis UW Office. Markisagraduateof Supreme CourtCommissioners appointed commissionerinthe new commissioner Supreme Courtgets can serveuptothreetwo-yeartermsonthecommittee. chiefjudge to histhirdtermasDistrictFivechiefjudge. A chief judges. Dodge CountyCircuitCourt,aschairofthecommittee committee. FoustsucceedsChiefJudgeJohnR.Stork, Aug. 12,2011 andrunsuntilasuccessorisnamedbythe chaired from2001to2008. member oftheCriminalBenchbookCommittee,whichhe Coordinated CommunityResponse Task Force.Healsoisa member oftheDaneCountyCriminalJusticeGroupand Court’s criminaldivisionfrom2001to2005.Heisa to 1997andaspresidingjudgeoftheDaneCountyCircuit said. have beenselectedtohelpleadthisdedicatedgroup,”Foust administration ofjusticein Wisconsin courts.I’mproudto importance. meet monthlyasacommitteetoworkonissuesofstatewide Federated Library System). retired in1972.(Photo provided,courtesyoftheNicolet Department in1934 andservedaschieffrom1955 untilhe David Zuidmulder(thirdfromleft) joinedthe GreenBayFire In hissparetime,Markpretendstobehandydespiteall Mark Neuserisanewly In May, the Wisconsin SupremeCourtre-appointedFoust His termaschairofthecommitteechiefjudgesbegan Foust servedasDaneCountyDistrict Attorney from1989 “Chief judgesplayakeyroleinimprovingthe magazines. HejoinscolleaguesNancy Mark Neuser  

THE THIRD BRANCH 2011 Fall 29 30

Fall Portage County joins CCAP, completing 2011 statewide case management program THE THIRD BRANCH ortage County joined the Consolidated Court computer hardware, software, training and call center PAutomation Programs (CCAP) electronic case- support for judges and court staff. The software applications management system on Dec. 5, completing statewide used to manage the circuit court records and other court implementation in each of Wisconsin’s 72 counties. functions are developed in-house by CCAP staff. The The rollout of CCAP began in 1991, when Marathon and system has evolved to include, among other things, juror Iowa counties first joined what was then known as the management tools and a financial management component “Circuit Court Automation Project.” The voluntary program integrated with the case management system. was undertaken to help all circuit courts, regardless of size or Portage County now will be able to take full advantage of local resources use technology to automate what had been those CCAP services and others, such as e-filing and other labor intensive, paper-based processes in the circuit courts. online services with the state now funding the equipment, “While we have long considered CCAP a statewide software and support for the system. system, adding Portage County is the final piece of the Patricia Cal Baker, the newly appointed Portage County project. We determined long ago this was the best approach Clerk of Circuit Court, said that her staff has worked to case management, and that vision has paid off,” said tirelessly with a group of analysts from the state to achieve Director of State Courts A. John Voelker. “Now, more than a total conversion of more than 180,000 files that date back 2,800 judges and court staff rely on CCAP in their daily up to twenty-five years. work routines. It has become the lifeblood of the state court “I am so pleased to be involved in the successful system.” completion of this project, and be able to offer the citizens CCAP initially integrated case file and calendar of Portage County the benefits of this software conversion information, but has evolved into an organization that provides both technology and support services, including see CCAP on page 32 Wisconsin Court system Web site redesigned to improve user experience, appearance By Jean Bousquet, Chief Information Officer

ith a renewed focus on web site users, the Wisconsin part of the redesign: the redesign gathered information from WCourt System unveiled a redesigned usability studies, surveys, feedback from the public, and www.wicourts.gov in mid-September. The goal of the analytics showing how often each page was visited. redesign was to take advantage of new design techniques The self-help law center was completely reorganized and that make navigating the site and finding information about rewritten to help the public find forms, learn about the court system easier and more intuitive. Wisconsin law and court procedures, find legal assistance, An enhanced home page helps guide users to information and provide information on self-representation in some court they need or want and features a “quick links” tab that leads matters. users to the most popular pages, as determined by actual Under the “about the courts” menu, the new “educational visits to pages on the site. resources” section provides teachers, students and others “Quick links” also directs users to specific court with resources and teaching tools about the judicial system. departments and offices, including the Board of Bar The new design also incorporates recent updates about Examiners, Medical Mediation Panels, Office of Lawyer Supreme Court Rules and the rule-making process. Regulation, State Law Library and the Clerk of Supreme Other wicourts.gov sites, including eFiling, the juror Court and Court of Appeals. qualification questionnaire, juror status, juror postponement, First-time users looking to pay fines, view a specific court Wisconsin Circuit Court Access, Supreme Court and Court case, find self-help information, or perform any common of Appeals Access and continuing legal education reporting action can simply select the ‘how do I’ tab from the home for attorneys, are being updated and integrated into the page, where they will be led to the correct Web page. redesign, providing seamless transitions across the Additionally, all online services such as electronic payment, wicourts.gov site. online juror questionnaires and status, electronic case filing, Initial feedback from visitors to the new site has been and attorney continuing legal education reporting are positive and we continue to use what we’ve learned to available from a new eCourts navigation menu. provide the best user experience possible, whether the The revamped site has a new visual design, and the visitor to our site is an experienced attorney, student or first- navigation was reworked to ensure the content is accessible time visitor.  and user-friendly. Input from site visitors was an essential partner, Mike Ellis featured remarksbysenators Patrick Crooks achievement ishavingbeenelectedasajudgesixtimes, Milwaukee County, toldtheLaw Journalhergreatest Judge Answered segmentfeaturedDistrictICourtof Appeals cash wereleftuntouched,”the Associated Pressreported. computers, antiquefurnitureand office. The robewastakenbut broke intotheClerkofCourts straight tothethirdfloorand tapes. recognizable onsurveillance sunglasses, sothepersonisn’t wearing anovercoatand Judge someone wouldwanttherobeof Paitl a judge’s robe.” other valuableitemsandmadeoff withjustasingleitem— into the Ashland CountyCourthouse,“passedupmoneyand presence attheState Capitol,” Abrahamson said. warm, friendlyconversationalist.Iwillmisshimandhis wit. Although knownasahard-nosednewsman,hewas judicial branch,willbemissed,ashissmileandquick his sources.Hiscoverageofstategovernment,includingthe reporter. Heoftenknewmoreaboutwhatwasgoingonthan Shanghai judges visitMadison Chief Justice Curley, whohasalsoservedasacircuit courtjudgefor In September, the Wisconsin LawJournal’s Asked and “Police saythesuspectwent The suspectwasreportedly Ashland PoliceChief The Associated PressreportedNov. 20thatathiefbroke “Dick Wheeler wasthequintessentialCapitolpressroom PEOPLE said itwasn’t clearwhy Patricia S.Curley Robert E.Eaton Gwyn Guenther , R-Neenah,and Wheeler’s daughterandbusiness Shirley S. Abrahamson and continued frompage 18 Ann WalshBradley . John . . Fred Risser Judge RobertE.Eaton and justices , D-Madison,and attended. N. responded trade placeswithforaday, Curley court. three timestothecircuitcourtandappeals  Web site,www.wicourts.gov under“services,forveterans.” and thecourtsystem. and whyitisimportanttoveterans Rock County'sveteranscourtworks, to showhostSteven Walters how first veteranscourtin2009,explained service officer, JohnSolis. Denise Davidson,andcountyveteran county veteranmentorcoordinator, a 30-minuteinterview, alongwith decorated Marineveteran,appearsin Wisconsin Army NationalGuardand veterans courtsin Wisconsin. Legally Speakingshowabout Court, isfeaturedinarecentepisodeofthe WisconsinEye’s Bay Packersticketssheinheritedfromherfather. could notlivewithout:theGreen confessed tooneluxuryitemthatshe appeals courtjudgesuitsher, the often-timessecludedlifeofan great job.” Journal. “Ithinkthatwouldbea book writers,”shetoldtheLaw from musicianstopoliticiansand Public Radio. the showFresh Air onNational When askedwhoshewouldliketo linktotheinterviewispostedoncourtsystem’s A Daley, whoestablishedthestate’s Daley, abrigadiergeneralinthe Deputy ChiefJudge Curley, whotoldthejournalthat “She interviewsallkindsofpeople Wisconsin judges enjoyedandappreciatedthe visit. their homesonSept. 24.BothShanghaiand Nowakowski welcomed thejudgestoadinnerin B. O’BrienandReserveJudgeMichael N. Markson, MaryannSumi,DavidT. Flanagan,Sarah between thetwojusticesystems. JudgesJohnW. and highlightedmanyfascinating differences lunch onSept.22.Conversation was wide-ranging Court judgeshostedtheShanghai judgesatapizza William Foustaddressedthem.DaneCountyCircuit Dane CountyonSept.19,whenChiefJudgeC. special Juror Appreciation orientation programin The visitingjudgeswerewelcomedaspart ofthe County CircuitCourtJudgesandobservingcourt. Appeals andspentseveraldaysmeetingwithDane Wisconsin SupremeCourt,DistrictIVCourtof American courtsystemandtheyvisitedthe classes atthelawschooltobetterunderstand the Studies program,theChinesejudgesparticipated in Sept. 26.SponsoredthroughtheUWEast Asian Shanghai visitedMadisonfromSept.16through Twenty judgesfromthePeople’s HighCourtof Terry Gross James P. Daley , whohosts , RockCountyCircuit Judge PatriciaS.Curley Judge JamesP. Daley

THE THIRD BRANCH 2011 Fall 31 The Third Branch Britt Wegner A. JohnVoelker Amanda Todd Tom Sheehan Gail Richardson Amber Peterson Beth BishopPerrigo Theresa Owens Scott Johnson Sara Foster Hon. MichaelJ.Dwyer Shelly Cern Susan Byrnes Jean Bousquet 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 Vernon CountyCircuitCourt Hon. MichaelJ.Rosborough Editorial Committee www.wicourts.gov is a Michigan counterparts with jointconference sponsors State-Tribal Justice Forum O statutory provisionsandcaselawinboth comparing andcontrastingtherelevant courts inboth Wisconsin andMichigan, tribal andjointstate-tribalspecialty Welfare Act, andthedevelopment of and implementationoftheIndianChild courts totribalcourts,statecodification discretionary transferofcasesfromstate faith andcreditorcomity, the conference.” and thisledtoplanningforthe from ourMichigancolleaguesaswell, there couldbevaluablethingstolearn Justice Forumfunctions. We thought learn moreabouthowtheState-Tribal in Wisconsin andexpressedadesireto between thestatecourtsandtribal of cooperationandcommunication conference wereimpressedbythelevel Circuit CourtJudge. Nielsen, forumchairand Vilas County October of2010,”saidJudgeNeal A. Ground from aMidwest from bothsystems. included asessionforclerksofcourt Wisconsin andMichigan,also state andtribalcourtjudgesfromboth conference wasattendedbythirty-seven Conference CenternearGreenBay. The the OneidaNation’s RadissonHotel& and tribalcourts. regarding therelationshipbetweenstate explore issuesofmutualconcern state andtribaljudgesfromMichiganto sponsored atwo-dayconferencewith and otherjustice systempartnersin with thePortage Countydistrictattorney to workingonelectronic dataexchanges the statecourtsystem.“We lookforward Bousquet, chiefinformationofficer for continue workingtogether, said Jean both stateandlocalstaff whowill without thehardworkanddedication of information,” Bakersaid. greater accessbythepublictoourcourt ways forcourtfiles,aswellallow provide greatersecurityinavarietyof of ourfiles. We willnowbeableto CCAP The conferenceexploredissuesoffull “The Michiganjudgesatthat “The genesisofthisconferencecame BridgetoCooperation A The projectcouldnothavehappened State-Tribal JusticeForum n July28-29,2011, the Wisconsin conference heldinMichigan continued frompage 30 Walking onCommon was heldat systems. cooperation amongtribalandstatecourt sustain communication,educationand given ageneralcharge topromoteand State Courts.Itwasformedin2005 and and apolicyanalystfromtheDirectorof Bar of Wisconsin’s IndianLawSection, from thestateLegislatureandState judges thatalsoincludesrepresentatives Forum isagroupofstateandtribalcourt conference possible. invaluable assistanceinmakingthe Director ofState Courtsoffice fortheir tribal judge)andtoShellyCernofthe College (alsoaStockbridge-Munsee to DaveRaaschofFox Valley Technical Valley Technical College.Specialthanks coordination wasprovidedbyFox of Justice Assistance, andconference College throughagrantfromtheBureau a contributionfromtheNationalJudicial the conference.” warm andwelcominghoststhroughout Oneida people. They were,asalways, very interestingoralhistoryofthe featuring aNative American feastanda Oneida Nationhostedaculturalnight the participants. The judgesofthe and avaluablelearningexperiencefor believed theconferencewassuccessful evaluations indicatethateveryone friendships,” saidNielsen.“Ourprogram another andmadevaluableprofessional issues. four attorneysspecializinginIndianlaw eight clerksofcourt,aprofessorand court administratorsandpolicyanalysts, the conferencewasattendedbyeleven jurisdictions. Inadditiontothejudges, accurate andcomplete. the localPortage countysystemis works toensure the dataconvertedfrom next severalmonths,aftercourt staff withinthe become availableon WCCA Circuit Courtcaseinformationwill Access (WCCA).PortageCounty known as Wisconsin CircuitCourt CCAP’s onlinepublicrecordsprogram public maybemorefamiliarwith provides,thegeneral advantages CCAP judges havelongbeenfamiliarwiththe coming months.” The Wisconsin State-Tribal Justice The conferencewasmadepossibleby “We learnedagreatdealfromone Although circuitcourtclerksand  

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