MessengerSpring 2013 z Volume 1

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MMarcharch 111-22,1-22, 20132013

PERMIT NO. 3207 NO. PERMIT

MILWAUKEE, WI MILWAUKEE, Milwaukee, WI 53202-3746 WI Milwaukee,

PAID

424 E. Wells St. Wells E. 424

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Milwaukee Bar Association Bar Milwaukee

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Messenger 1

Regular Features Contents

4 Letter From the Editor Spring 2013 • Volume 1 5 Volunteer Spotlight In This Issue: 5 Member News

6 Message From the President 5 Needed: Law Day Volunteers

7 CLE Calendar 8 March of Dimes Addresses Problem of Babies Born Too Soon and Too Small in Wisconsin by Attorney Jennifer Peterson, Media Counsel & Deputy General Counsel, Journal 8 New Members Communications, Inc.

11 Th e Reel Law 9 Adventures in Professional Self-Improvement: the Destination CLE by Attorney Douglas H. Frazer, DeWitt Ross & Stevens

Be Part of the Messenger 10 Th e Role of a Special Master in Complex Civil Litigation Please send your articles, editorials, by Honorable Michael J. Skwierawski, Milwaukee County Circuit Court (Retired) or anecdotes to [email protected] or mail them to Editor, Milwaukee 12 Judges Night 2013 Bar Association, 424 East Wells Street, Milwaukee, WI 53202. We look forward 14 Photo ID Status Update: Injunctions Continue for 2013 Spring Elections to hearing from you! by Attorney Richard Saks, Hawks Quindel

If you would like to participate, we 15 Act 10: What Was, What Is, and What (Maybe) Is to Come have seats available on the Messenger by Paul Jonas, Marquette University Law School (Candidate for J.D., 2013) Committee. Please contact James Temmer, [email protected]. 17 Ahead of Her Time: Wisconsin Legal Pioneer Charlotte Bleistein Championed Precursor to Milwaukee Justice Center by Attorney Hannah C. Dugan

18 Th e Turtle Arrives by Honorable Richard J. Sankovitz, Milwaukee County Circuit Court

18 MBA Seeks Candidates for Offi ce and Award Nominations

18 Milwaukee Justice Center Build-Out Gets Underway Th e MBA Messenger is published by Justin Metzger, Milwaukee Justice Center quarterly by the Milwaukee Bar Association, Inc., 424 East Wells Street, 19 Helping Our Heroes: the Promise of Milwaukee’s Veteran’s Treatment Initiative Milwaukee, Wisconsin 53202. by Attorney J.C. Moore, Attorney Supervisor, State Public Defender, Milwaukee Trial Offi ce; Telephone: 414-274-6760 Attorney Jeff rey J. Altenburg, Deputy District Attorney, Milwaukee County District Attorney’s E-mail: [email protected] Offi ce; and Honorable Glenn H. Yamahiro, Milwaukee County Circuit Court Th e opinions stated herein are not necessarily those of the Milwaukee Bar 20 MBA Memorial Service Association, Inc., or any of its directors, offi cers, or employees. Th e information 20 MBA Hosts Judicial Forums for Supreme Court and Circuit Court Primaries presented in this publication should not be construed as formal legal advice 20 Th ird Annual MBA Girl Scout Workshop or the formation of a lawyer-client relationship. All manuscripts submitted 23 Succession Planning: for Whom the Bell Tolls will be reviewed for possible publication. by Michael Moore, Moore’s Law Th e editors reserve the right to edit all material for style and length. Advertising and general information concerning this publication are available from Britt Wegner, telephone 414-276-5931.

Messenger 3 MBA Board of Letter From the Editor Directors and Staff instead of three, as well as an outsized fi rst Charles H. Barr, President letter, at the beginning of some articles—you Beth E. Hanan, President-Elect know, like a real magazine, the kind people actually read. If all this letting down of hair David G. Peterson, Vice President doesn’t exactly rock your world, we hope it Patricia A. Hintz, Secretary/Treasurer doesn’t off end you overmuch, either. Michael J. Cohen, Past President Stylistic and photographic conceits aside, the Messenger delivers plenty of content this Directors time. We have updates on how the courts Shannon A. Allen have responded to two hot-button pieces of Friebert, Finerty & St. John Wisconsin legislation: Act 10, which limits the collective bargaining rights of most public Marcia F. Drame employees; and Act 23, the voter identifi cation Northwestern Mutual law. We learn about the Milwaukee County Honorable Timothy G. Dugan Veterans’ Treatment Initiative, a progressive, Milwaukee County Circuit Court court-based program to address the unique Th omas M. Hruz needs of veterans involved in the criminal Meissner, Tierney, Fisher & Nichols justice system. Former Chief Judge Mike Skwierawski describes the benefi ts of a special Maria L. Kreiter Charles Barr, Editor master in complex civil cases. Godfrey & Kahn kay, look, even I tire of seeing the same As for our regular contributors, it’s all hands Susan E. Lovern faux-lawyerly photo every time I read on deck. Resident legal historian Hannah von Briesen & Roper Othe galley proof for this column. I can Dugan writes about the Voluntary Defenders Th omas H. Reed only imagine that goes tenfold for you, dear Program, an early precursor of the Milwaukee State Public Defender, Milwaukee Criminal readers. Ergo, I combed our vast archives and Justice Center, and the pioneering attorney Trial Offi ce came up with something diff erent. It’s still who helped get the program off the ground. me—alas, some things never change—but in a Judge Rick Sankovitz extols the virtues of Honorable Maxine Aldridge White slightly diff erent pose: to-wit (or, should I say, electronic fi ling, which has fi nally come to the Milwaukee County Circuit Court to-half-wit), scientifi cally testing the bounce Milwaukee County Circuit Court. Doug Frazer Andrew J. Wronski factor of a particular variety of Florida turf shows us how to get the most bang for our Foley & Lardner known as “right fi eld.” Th e plausible point CLE buck on the road. And cinematic guru of the pictured pratfall is to evoke the image Fran Deisinger uncovers yet another classic MBA Staff of spring, which is right around the corner. courtroom drama in Th e Reel Law. Although here in Cheeseland that can be James D. Temmer, Executive Director one hell of a long corner. Nevertheless, hope We hope you enjoy this edition of the Messenger. As long as you’re stuck indoors Katy Borowski, Director of Projects springs eternal, as they say, even as we wait eternally for spring actually to arrive. waiting for spring, why not drop us a line, or Sabrina Nunley, Director of Continuing an article? Anyway, as you gaze wistfully out Legal Education Since spring is a time of renewal, the the window at some sullen “wintry mix,” take Dorothy Protz, Accountant Messenger has indulged in a modest stylistic heart: somewhere, thousands of miles away, pitchers and catchers have reported. (And yes, Molly Staab, Offi ce Manager facelift . Gone is right-hand justifi cation, and in its place is the “ragged right.” No, that doesn’t I caught the ball.) Britt Wegner, Director, Lawyer Referral & refer to the Tea Party. It refers to the right- —C.B. Information Service Photo courtesy of Jeff Whitney, Jeff Whitney hand side of a typeset column. Th e right-hand Photography, wwwjeff whitneyphotography.com. justifi cation refl ected the implicit assumption Milwaukee Justice Center Staff that our readers are, in the main, orderly left -brained thinkers rather than bohemian Calendar of Events Dawn Caldart, Executive Director artistes. Last year, however, we resolved to test April 25 Mary Ferwerda, Legal Volunteer Supervisor this theory with a broad-ranging, statistically EDWBA Annual Meeting Ayame Metzger, Legal Director valid survey. As it turned out—such is the fate of so many resolutions—our survey May 3 population totaled two: my wife and my Memorial Service Contact Information ex-law partner, which, incidentally, is better Milwaukee Bar Association, Inc. May 4 than the other way around. Lo and behold, Law Day 424 East Wells Street both these highly analytical lawyers favored Milwaukee, WI 53202 the ragged right. So there you have it. We also June 11 Phone: 414-274-6760 switched the font style to something a little MBA Annual Meeting Fax: 414-274-6765 less buttoned up, and reduced the font size. www.milwbar.org August 6 And you might see two columns or even one, MBA Golf Outing

4 Spring 2013 important aspect of this volunteer program is that it gives clients an understanding of the Volunteer Spotlight legal issues relevant in their cases and a sense of relief that they will enter the big, foreboding Jan Bruce Eder guardianship, name change, and other topics courthouse and courtroom with a new-found as they arise. sense of confi dence.” an Eder retired June 1, 2012, aft er a distinguished career of more than 22 Jan fi nds his volunteer work at the MJC “very On January 24, the Judiciary, Safety and Jyears as Legal Counsel with Milwaukee rewarding aft er every consultation, especially General Services Committee of the Milwaukee County Child Support Services. Jan’s special receiving the ‘thank you’s’ from the clients County Board of Supervisors specially area of concentration was probate-related child and knowing I’ve assisted them. It’s not only recognized Jan, not only for his decades of support issues. the legal advice that is important to them; it’s service at County Child Support Services, but also telling them what to expect, helping them also for his volunteer work at the Milwaukee His desk chair at CSS was still warm when he navigate the system, and putting the fi nishing Justice Center. To that accolade, the MBA adds began volunteering at the Milwaukee Justice touches on their legal documents.” its commendation to Jan for continuing to Center. Jan is there every Th ursday and Friday embody the spirit of public service. aft ernoon assisting low-income Milwaukee Jan notes that a client meeting at the MJC County residents, principally with family law “can run the whole gamut of emotions, from issues. He also covers civil procedure, probate, Kleenex to a laugh.” He believes “the most

Richard W. Donner – Real Estate Practice (Milwaukee offi ce) Member News Rebecca E. Greene – Employee Benefi ts Practice (Milwaukee offi ce) Beck, Chaet, Bamberger & Polsky announced the promotion of Robert W. Habich – Real Estate Christopher “CJ” Murray to shareholder. His practice focuses on Practice (Waukesha offi ce) receiverships, creditor/debtor law, business law, and litigation. Jessica King – Trusts and Estates and International Practices Kyle B. Flanagan Christopher J. Kriva (Milwaukee offi ce) Hupy and Abraham announced that Brandon Derry, Adam R. Konrad – Business Law, of the fi rm’s Madison offi ce has become a shareholder. International, and Tax Practices (Milwaukee offi ce) Justin F. Oeth – Real Estate Practice (Madison offi ce) Th e fi rm also announced the addition of two new attorneys: Kyle B. Quarles & Brady Flanagan in the Business Law Practice, and Christopher J. Kriva in the announced that Health Care Practice. Brandon Derry Noelle A. Bobbe has joined the fi rm as an associate in the Real von Briesen & Roper announced the addition of six attorneys. Th ey are: Estate Practice Group, and that Julie A. Bernard; Patrick J. Bodden; William (Bill) O. Jackson; Brian Tonya Vachirasomboon has joined W. Sammons; Mark E. Schmidt; and Louis E. Wahl, IV. the fi rm as an associate in the Corporate Services Group, both in Tonya Vachirasomboon Noelle A. Bobbe the fi rm’s Milwaukee offi ce.

Needed: Law Day Volunteers Law Day 2013 is right around the corner and the Milwaukee Bar Association is seeking volunteers for the free walk-in legal clinics. On Saturday, May 4th, four Milwaukee-area libraries will host the free clinics, which off er a one-on-one meeting with an attorney to any interested member of the public. Th ese meetings will provide information and referrals appropriate for each individual’s legal Jeremy R. Bridge Richard W. Donner Rebecca E. Greene Robert W. Habich situation. We are currently seeking volunteers from 1:00 – 4:00 p.m. Reinhart Boerner at the following locations: Van Deuren Central Library • 814 West Wisconsin Avenue announced seven Bay View Library • 2566 South Kinnickinnic Avenue new shareholders. Center Street Library • 2727 West Fond du Lac Avenue Th ey are: Atkinson Library • 1960 West Atkinson Avenue Jeremy R. Bridge – Intellectual Please contact Britt Wegner at 414-276-5931 or bwegner@milwbar. Jessica King Adam R. Konrad Justin F. Oeth Property Practice org if you are interested in participating. (Rockford offi ce) Messenger 5 Message From the President

Attorney Charles H. Barr he Second Annual Milwaukee Justice have a fundamental right to access the justice system even if they cannot Center Campaign kicks off March 11 aff ord an attorney and cannot obtain legal aid. We need to reaffi rm that T and runs through March 22. As many of commitment this year. you know, the MJC dispenses basic, practical A charitable contribution to the MJC funds a project that has a track guidance to Milwaukee County residents who record of success and a rapidly growing impact in improving the must navigate the civil legal system without delivery of justice in our community. Under the leadership of Executive an attorney because they cannot aff ord one Director Dawn Caldart and Legal Director Ayame Metzger, the MJC has and cannot obtain publicly-funded legal aid. already established itself as a vital component of Milwaukee County’s Th e MJC was conceived in honor of the MBA’s civil justice system. Sesquicentennial in 2008, and is our signature public service project. Th ere is more to it, however, than backing a winner. We all took an oath to serve the cause of justice, and we do so by serving our clients. Th e MJC serves a pressing community need. Many thousands who Underlying that oath is the principle that all individuals—not just those don’t qualify under the economic guidelines for legal aid nonetheless served by private and legal aid attorneys—deserve meaningful access to can’t begin to aff ord private counsel. And due to the severe budgetary justice. A gift to the Milwaukee Justice Center thus complements and pressures on our legal aid organizations, more than 80% of those eligible affi rms what we do professionally every day. It completes the circle by for free legal services can’t actually obtain them. Th e statistics in recent ensuring that the many whom we cannot serve nonetheless have a years illustrate a fl ood of pro se litigants that has yet to reach high- small but essential measure of assistance in the daunting task of water mark. Th e overwhelming majority of pro se litigants cannot be representing themselves. expected to, and in fact does not, understand the fundamentals of the legal system or even how to complete the basic paperwork that unlocks When the campaign leader in your offi ce solicits your contribution to the courtroom door. Simply put, justice is harder to come by in a case the MJC campaign in the next two weeks, please respond as generously with pro se litigants than in a comparable case where all parties have the as your personal circumstances permit. On behalf of the MBA’s Board benefi t of competent counsel—and there are a lot more pro se litigants of Directors, I thank you. than most people realize. Th ey need someone at least to point them in —C.B. the right direction. Th e MJC does just that—and it works. In 2011, the second full year of the MJC’s existence, the American Bar Association honored it with its inaugural Partnerships for Success Award. In 2012, the MJC served 10,659 clients, a whopping 32% increase over 2011. Th ese clients benefi ted from the eff orts of 347 volunteers (including 136 attorneys) who devoted 8,836 hours of pro bono service—17% more than the previous year. Late last year the County Board of Supervisors, recognizing the project’s increasingly signifi cant role in improving access to justice for pro se litigants, allocated the space and funds to construct a permanent home for the MJC in Room G-9 of the Courthouse. Th e MJC has grown from operating a few hours per week at its inception to a full fi ve-day per week operation. And soon there will be a mobile MJC and Marquette Volunteer Legal Clinic once a month in Milwaukee’s economically depressed neighborhoods where some residents have trouble getting downtown. Milwaukee County and Marquette University Law School have partnered with the MBA on this project, and they are superb partners indeed. Th e County provides the facilities and employs the Executive Director of the MJC, while the Law School, through its Volunteer Legal Clinic, supplies dedicated law students who are crucial components of the teams that deliver much-needed practical guidance to pro se litigants. Beyond those invaluable contributions, the MJC depends solely on the membership of the MBA for the funds it needs to operate. It runs pretty lean: about $80,000 per year. It gets great bang for the buck. Th e fact remains, however, that the MJC needs those funds to continue its work. Th ere is no endowment, no trust fund, no alternative source of funding. It is up to the members of this organization to enable the MJC to perpetuate its success. Th at is why the MBA Foundation, our charitable arm, conducts an annual campaign for the Milwaukee Justice Center. In last year’s inaugural campaign, MBA members demonstrated a strong commitment to the MJC’s bedrock premise that unrepresented persons 6 Spring 2013 March 22, 2013 of Letters of Intent and Asset Purchase MBA Presents Agreements, and the oft -unintended transfer CLE Th e Probate Process From Start to Finish of bargaining power before counsel is even Taking the First Step: Filing an Estate in involved. Hopefully you will come away Probate Court / Understanding the Role from the presentation with a number of Calendar practical pointers with respect to anticipating of the Personal Representative in Probate / March — June 2013 Managing the Inventory / Administering the and addressing issues arising in most M&A Estate Eff ectively / Maintaining an Ethical transactions. Balance in Probate Practice / Determining Presenter: Steve Glaser, Glaser Business Law March 12, 2013 if Spouse’s Elective Share Is a Reasonable Noon – 12:30 (Lunch/Registration) Health Law Section Option / Uncovering the Laws of Intestacy and 12:30 – 1:30 (Presentation) Current Issues for Tax-Exempt Entities How Th ey May Apply / Litigating the Case 1.0 CLE credit Th is seminar will address some of the in Probate Court / Putting the Case to Rest: critical issues for tax-exempt health care Closing the Estate April 4, 2013 organizations, including new requirements Presenters: Th omas J. Kroll, Th omas J. Kroll MBA Bench/Bar Court of Appeals under health reform and continuing Attorney at Law; F. Brian McElligott, Law Committee compliance issues. Topics will include new Offi ces of Attorney F. Brian McElligott View From the Bench: a Roundtable requirements under Section 501(r) of the 8:30 - 9:00 a.m. (Continental Breakfast/ Discussion Internal Revenue Code, Wisconsin property Registration) Th e Court of Appeals Judges will discuss current tax issues for exempt entities, and complying 9:00 - 11:45 (Presentation) appeal issues aff ecting the bench and bar. with the rebuttable presumption framework 11:45 - 12:30 (Lunch will be provided) Presenters: Hon. Kitty K. Brennan, Wisconsin for executive compensation. 12:30 - 4:00 (Presentation) Court of Appeals, District I; Hon. Patricia S. Presenters: David J. Edquist and Bill O. 8.0 pre-approved CLE credits including 1.0 Curley, Wisconsin Court of Appeals, District Jackson, von Briesen & Roper ethics credit I; Hon. Joan F. Kessler, Wisconsin Court of Noon – 12:30 (Lunch/Registration) Appeals, District I 12:30 – 1:30 (Presentation) March 26, 2013 Noon – 12:30 (Lunch/Registration) 1.0 CLE credit Elder Law Section 12:30 – 1:30 (Presentation) Public Benefi ts You Should Know 1.0 CLE credit March 14, 2013 Disabled Adult Child, MAPP, Children’s MBA Presents Waivers, and Medicare Savings Programs April 10, 2013 Basic Primer on Wisconsin’s New Concealed Presenter: Heather B. Poster, Becker, Hickey ADR Section Carry Law & Poster Pre-Litigation Mediation Discussion of CCW, self defense and the Castle Noon – 12:30 (Lunch/Registration) Presenter: William E. Hartgering, JAMS Neutral Doctrine 12:30 – 1:30 (Presentation) Noon – 12:30 (Lunch/Registration) Presenter: Patrick J. Anderson, Kenosha 1.0 CLE credit 12:30 – 1:30 (Presentation) County District Attorney’s Offi ce 1.0 CLE credit Noon – 12:30 (Lunch/Registration) March 27, 2013 Labor & Employment Section 12:30 – 1:30 (Presentation) April 17, 2013 1.0 CLE credit Social Media in the Workplace: the Latest on Friending, Tweeting, and Connecting Environmental Law Section Hazardous Waste Identifi cation March 18, 2013 on the Job and Characterization: a Primer for Real Property Section Th e collision of social media with labor Environmental Attorneys Top 10 Provisions in an AIA Construction and employment law is a hot topic for Federal and state hazardous waste regulations Contract that an Owner Would Want to practitioners. Social media can impact all can be complex and confusing, and the Change areas of employment, from hiring and fi ring penalties for mishandling such wastes can Presenter: Donald A. Schoenfeld, von Briesen to handbook policies and investigations. be signifi cant. Th is seminar will present & Roper Th is seminar will present the latest cases, information on how hazardous waste is Noon – 12:30 (Lunch/Registration) administrative agency developments, and laws regulated; the categories of hazardous waste; 12:30 – 1:30 (Presentation) aff ecting social media in the workplace. and how they should be properly identifi ed, 1.0 CLE credit Presenter: Jesse R. Dill, Arnstein & Lehr Noon – 12:30 (Lunch/Registration) labeled, stored, transported, and disposed March 21, 2013 12:30 – 1:30 (Presentation) of. Th is will be a valuable seminar for Taxation Section 1.0 CLE credit environmental attorneys who have clients Circular 230 Refresher and Update that generate hazardous wastes as part of their An update on hot IRS tax practice and March 28, 2013 operations. procedure issues with a focus on recent Corporate Banking & Business Section Presenter: Clark Schreiner, CHMM, Brenntag changes to IRS Circular 230 and their impact Tips and Traps: Letters of Intent and Asset Great Lakes, LLC on the tax practitioner Purchase Agreements Noon – 12:30 (Lunch/Registration) Presenter: Michael Goller, Reinhart Boerner Learn about the many traps faced by 12:30 – 1:30 (Presentation) Van Deuren buyers, sellers, and their legal counsel when 1.0 CLE credit Noon – 12:30 (Lunch/Registration) draft ing Letters of Intent and Asset Purchase 12:30 – 1:30 (Presentation) Agreements, and how to position yourself 1.0 CLE ethics credit and your client to get the deal done. Th is seminar will address legal and non-legal aspects of the negotiation and preparation continued page 16 Messenger 7 March of Dimes Addresses Welcome Problem of Babies Born New MBA Members! Too Soon and Too Small in Wisconsin Th omas A. Bausch, Godfrey & Kahn Attorney Jennifer Peterson, Media Counsel & Deputy General Counsel, Journal Communications, Inc. Noelle A. Bobbe, Quarles & Brady In an average week in Wisconsin, more than 150 Several Milwaukee area lawyers are graciously Scott Brunner, Meissner Tierney Fisher & Nichols babies are born prematurely. Th is means that hosting this opportunity for our legal Patrick J. Cannon, von Briesen & Roper approximately ten percent of all babies are born community to come together in support of Michael Carter, Gass Weber Mullins too soon and too small. As the proud mother of stronger, healthier babies: Cinthia Christensen Lindsey W. Davis, Quarles & Brady two babies, each born aft er three months of bed (Children’s Hospital of Wisconsin), Kelly M. Dodd, Staff ord Rosenbaum rest, I am thankful for the research, support, and Krisstina L. Ebner (Godfrey & Kahn), Tony Adam Essman, O’Dess & Associates care that helped them arrive healthy. Machi (retired Milwaukee County Court Matthew Fisher, Meissner Tierney Fisher Commissioner), Lori S. Meddings (Michael, Th e March of Dimes is working to improve the & Nichols Best & Friedrich), State Senator Lena Taylor, health of babies by preventing birth defects, David Alan Frank, II, Alex Flynn & Associates and myself. Carlos Gamino, Gamino Law Offi ces premature birth, and infant mortality. Th at Tedia Gamino, Gamino Law Offi ces foundation has committed to a multi-year Th e March of Dimes is proud to be the only James Goldschmidt, Quarles & Brady national prematurity research, awareness, nonprofi t that fulfi lled its initial mission of Leah R. Harrand, Reinhart Boerner Van Deuren and education campaign. Th e fact is that eradicating polio. Over the past 75 years, Christopher Hartley, Hartley Pecora Law Offi ces we don’t yet understand all the factors that the March of Dimes has made tremendous M. Rhett Holland, Michael Best & Friedrich contribute to preterm birth. We must continue medical advances and today provides $100 Gabriel W. Houghton, Gabriel Houghton Law to make progress in research to identify million annually in active research grants Jeff rey S. Hynes, Jeff rey S. Hynes & Associates causes and prevention strategies, and to throughout the U.S. and in a dozen countries William O. Jackson, von Briesen & Roper develop intervention and quality improvement worldwide, including $1.8 million right here Christopher Janson, Moertl, Wilkins & Campbell initiatives to improve outcomes. in Wisconsin. Peter J. Kaiser, Quarles & Brady You can help us fi ght for preemies at Christopher J. Kriva, Reinhart Boerner Van Please join us for Milwaukee’s Barristers for Milwaukee’s inaugural Barristers for Babies Deuren Babies Luncheon: Luncheon on Wednesday, March 13 at the Christopher R. Liro, Andrus, Sceales, Starke Wednesday, March 13, 2013 Pfi ster. Our lunch event will provide you & Sawall 11:45 a.m. – 1:30 p.m. the chance to learn about the mission of the Rebeca M. Lopez, Godfrey & Kahn Th e Pfi ster March of Dimes; the foundation’s needs; and James R. Lowe, Whyte Hirschboeck Dudek 424 East Wisconsin Ave, Milwaukee, WI 53202 Milwaukee’s premier walking event, March for Alexis Lundgren, Michael Best & Friedrich A plated lunch will be served. Babies. You’ll have the opportunity to show Mark D. Malloy, Meissner Tierney Fisher Please RSVP to your support by committing to a Revenue & Nichols [email protected]. Leadership position, creating a walking team Jacob Manian, Fox, O’Neill & Shannon in your organization, or through a donation of Michael S. Mather, Godfrey & Kahn any amount. Emily L. Mitchell, Reinhart Boerner Van Deuren Nathan J. Neuberger, Reinhart Boerner Van Deuren Steven B. Oyler, Reinhart Boerner Van Deuren Carlos Pastrana-Torres, Michael Best & Friedrich Shannon Pitsch, Godfrey & Kahn Leroy Ramos, O’Dess & Associates Mindy F. Rice, Reinhart Boerner Van Deuren Alexandra G. Robbins, Simpson & Deardorff Amy Rogan-Mehta, Reinhart Boerner Van Deuren Brian Sammons, von Briesen & Roper Robert W. Sanders, Whyte Hirschboeck Dudek Gregory J. Sell, Davis & Kuelthau Robert J. Shepard, Godfrey & Kahn Robert Snyder, Snyder & Ek Jonathan Stone, Quarles & Brady Changxia (Walter) Sun, Quarles & Brady Danny S. Tang, Godfrey & Kahn Gregory Tears, Michael Best & Friedrich David J. Trautschold, Michael Best & Friedrich Zachary Watters, Michael Best & Friedrich Adam N. Ziebell, Godfrey & Kahn

8 Spring 2013 Adventures in Professional Self-Improvement: the Destination CLE Attorney Douglas H. Frazer, DeWitt Ross & Stevens

had a dream. I awoke from it in a cold sweat. In the dream, I had died. But that was not the bad I part of the dream. Th e bad part involved my continuing legal education (CLE) account.

Permit me to explain. Aft er joining the fi rm it took me several years to fi gure this out, but the fi rm assigns shareholders a dedicated CLE account. Our individual earnings are put in this account: $1,500 Douglas H. Frazer per year. Th is is done on a non-discretionary basis. Shareholders may make disbursements from Mount Washington Hotel, NH (site of the Bretton Woods monetary and fi nancial this account only for bar dues and CLE. Because I get CLE credits for conference, 1944) writing—sadly not for this column—and generally have many carry- over hours for each reporting period, I need few CLE coursework Roosevelt summer home at Campobello, Acadia National Park, Bangor, credits. One day I discovered a substantial balance in my CLE account. Lewiston, Brunswick, Freeport, Kennebunkport, and Portland.

Th us, the nightmare. I had died, and my CLE account had escheated to Th e Alaska Bar Association’s Annual Meeting rotates between the fi rm. Anchorage and Fairbanks. In May of 2011, I fl ew to Anchorage and drove to Fairbanks with brief stops in Wasilla and Denali National Clearly, I needed a plan. Destination CLEs are hardly a new thing. We Park. At the annual meeting, I got ethics credit and breakfast, listening get brochures and solicitations for them all the time. So I got out my to former Bush Department of Justice offi cial (now law professor) Rand-McNally. I had six states still to visit, and many interesting places John Yoo speak about legal issues arising from enhanced interrogation appeared to be a short drive from cities likely to host a course I might techniques—including a video of several water boarding sessions. I also take. I even resolved to make use of the time in the car by listening to had the honor of joining a table of extremely welcoming state court law-related audio books. judges, including Alaska Supreme Court Justice Craig Stowers.

I started with Kentucky. Aft erwards, I followed the Alaska Pipeline to Valdez, doubled back and I found a suitable CLE continued on to Palmer, and then to Seward and Homer in the Kenai course in Louisville Peninsula. (estate planning) on a Friday in May. I attended, I listened, I left . Louisville is home to Louis Brandeis, Mohammad Ali, and is the UPS air hub. Mammoth Cave National Park, several hours to the south, was impressive. Th e cave system is immense. Th en north along the Abraham Lincoln birthplace and boyhood site trail. He really did City Hall, Wasilla, Alaska come from the sticks. New Hampshire State House, Concord Th en up to the state’s By 2012, I was down to North Dakota. Th e CLE pickings are slim up très petite capital, there, so I drove to a course in Minneapolis concerning foster child Frankfort, over to Lexington, and north to Cincinnati. Jerry Springer, a placement and visitation. Th en on to St. John’s College outside of St. Northwestern University Law School graduate, used to be mayor there. Cloud, Fargo, Great Falls, Winnipeg, International Falls, Th under Bay, Sioux St. Marie, and back down through Marinette and Green Bay. In 2009, I fl ew into Mobile, Alabama, detoured into Mississippi, and found my course (municipal contracts) at a hotel on Orange Beach So now it’s on to Puerto Rico and the U.S. territories. If you hear of CLE on the Gulf Shores coast. Th en east into the Florida Panhandle, opportunities in these or other out-of-the-way locations, let me know. to Tallahassee, and up to Atlanta. On the return, I hit Talladega, Of course, I’d consider remaining in Wisconsin if the right opportunity Birmingham, and Montgomery. turns up. Elkhart Lake, I’m told, is great during the summer.

In 2010, my CLE account took me to Concord, New Hampshire for Douglas H. Frazer, Northwestern 1985, is a shareholder in the Metro an ethics course involving environmental issues. I continued north to Milwaukee offi ce of DeWitt Ross & Stevens. He focuses his practice on tax Mount Washington, east to Waterville, Maine and on to the Franklin litigation and controversy. Messenger 9 The Role of a Special Master in Complex Civil Litigation Honorable Michael J. Skwierawski, Milwaukee County Circuit Court (Retired)

n the past ten years, the state trial courts in Wisconsin have in the management of the case. Th e well-established principles of eff ective appointed special masters in an ever-increasing number of cases. case management for judges should guide the work of a special master: ITh e combination of more time-consuming, complex, and oft en • Early control of the case should be established; contentious discovery and the decreasing availability of circuit court • Each case should be continuously monitored; judges has driven lawyers to seek the additional accessibility, fl exibility, • Clear policies on adjournments should be enforced; and timeliness that a special master can bring to the pretrial discovery • Deadlines should be tailored to the needs of the case; process. • Attorneys’ schedules should be reasonably accommodated; • Opportunities for settlement should be maximized; and Basis for the appointment • Attorneys should be reasonably assured that events will occur as Th e most common use of a special master in Wisconsin involves the scheduled. facilitation of pretrial discovery, assisting the parties and the court in narrowing the issues, expediting the discovery process, keeping the Th e scope of tasks and responsibilities to be carried out by a special case moving, and getting it ready for trial. Although this function is master can cover all areas faced by courts, and should be set forth in not explicitly authorized by the referee statute, Wis. Stat. § 805.06, the at least general terms in the order appointing the special master. Even statute grants the court broad discretion to appoint a facilitative special general orders will require a special master to: master for discovery. • Review traditional answers to interrogatories, answers to requests for admissions, and objections; Use of a special master has been further validated in a number of • Review objections to privilege logs and claims of inadvertent waiver reported Wisconsin appellate decisions. Nineteen cases discuss the of privilege; position in terms such as the “special master for discovery,” the “special • Manage disputes concerning electronic discovery, retrieval, master,” the “discovery master,” the “referee,” and the “discovery referee.” translation, privilege claims, and cost allocation; Although no Wisconsin decision directly addresses the legal basis for • Hear and decide motions regarding the scope of discovery of the appointment of a special master, many cases directly analyze the experts; decisions made by special masters. Th ose decisions are either criticized or • Hear and decide motions for sanctions related to discovery; supported, but never overturned as the result of a lack of legal authority • Hear any other pretrial motions assigned by the trial court; for the appointment. Th us, the appellate courts in Wisconsin have tacitly • Review and decide spoliation motions; approved the use of a special master for general discovery purposes. • Develop case management orders with counsel; • Assist parties and counsel in narrowing issues for discovery and, In addition, the Wisconsin Supreme Court adopted several amendments ultimately, trial; to Wisconsin’s discovery rules relating to discovery of electronically • Be available for telephone conferences and rulings during stored information, eff ective January 1, 2011. Sec. 804.01(2)(e)1.f was depositions to keep the case moving; created to encourage the attorneys and parties to discuss: • Review and decide discovery issues with non-parties; and In cases involving protracted actions, complex issues, or • Review and narrow witness lists with counsel. multiple parties, the utility of the appointment by the court of a referee under s. 805.06 … to supervise or inform the court on A copy of a comprehensive sample order appointing a special master any aspect of discovery of electronically stored information. can be obtained by contacting the author at [email protected].

Th is is clear authority, approval, and encouragement for the use of Other considerations special masters for general discovery purposes in appropriate cases, As for the timing of the appointment, attorneys and judges agree that with primary reliance on the referee statute. if a special master is necessary, the order should be issued as early as possible, perhaps at the fi rst scheduling conference. To be consistent with §§ 804.01(2)(e)1.f and 805.06, the appointment should be made when the issues are complicated or, in the language of Should attorneys ever ask for a special master? Yes, particularly if § 805.06(2), upon “a showing that some exceptional condition requires attorneys know the case is extremely complex and problems are likely. it.” Under this generous umbrella, courts in Wisconsin have appointed As pointed out above, the supreme court’s rule encourages attorneys to special masters in recent cases involving: construction disputes, discuss this issue at an early discovery conference. While the decision on shareholder-based lawsuits, class actions, environmental litigation such whether and whom to appoint as special master is vested in the judge, it as landfi ll pollution, insurance coverage litigation including duty-to- is very likely that the judge will consider suggestions made by counsel. defend cases, commercial disputes with large numbers of electronically stored documents, estate claims, divorce and family disputes Should the special master hear and decide dispositive motions or motions (concerning either custody or property), asbestos litigation, palimony in limine? No, unless specifi cally requested to do so by the trial judge. claims, easement disputes, foreclosure-related claims for insurance coverage, insurance coverage for sexual abuse claims, litigation with Th ere is a potential drawback to a special master: less face time between little or no cooperation between counsel; and in a few unusual cases, the judge and attorneys. A special master needs to keep the case moving supervision of a church election, and the closing of a choice school with forward and keep the judge regularly informed with status reports; and, the placement of all students in new schools. in some complicated cases, the special master may need to attend status conferences with the judge and attorneys to assist in planning the next Case management responsibilities phase of discovery. continued page 22 A special master must stand in the shoes of the judge and take an active role 10 Spring 2013 The Reel Law Attorney Fran Deisinger, Reinhart Boerner Van Deuren

Witness for the Prosecution Among his hospital discharge orders is that forensic evidence of the time of her death. Th e Directed by Billy Wilder Sir Wilfrid take no criminal cases, lest the state of her bedroom, moreover, suggests a 1957; 116 min. excitement be too much for him. When he burglary. Vole’s trump card, he believes, is that arrives home, his secretary tells him about the his wife Christine (Marlene Dietrich—this is n post-war Hollywood, few directors were mundane insurance disputes and real estate truly an all-star cast) will give him an alibi by more sure-handed than Billy Wilder. His controversies that he has lined up for him. Sir confi rming that he was home too early to have Ifi lms could be emotional without being Wilfrid groans at the pabulum. But in good committed the crime. maudlin (Th e Apartment), slapstick without stage play fashion, the doorbell rings and in being witless (Gentlemen Prefer Blondes), walks a solicitor with a client—Leonard Vole, Th e police arrive to arrest Vole, but shortly or dramatic without being overwrought played by Tyrone Power. Vole is about to be aft er he is taken away, Christine visits Sir (Stalag 17). His take on the courtroom arrested for the murder of a wealthy widow Wilfrid. Her aff ect astounds him. She is not drama is 1957’s Witness for the Prosecution, with whom he has been spending time—we the hysterical wife he expects, but a calculating from his own screenplay based on Agatha see the meeting in fl ashback as Vole tells the German war bride who tells him coldly that Christie’s stage play. Witness begins with the story—and the solicitor thinks it is a job for Sir she will say Vole was home early because that homecoming from a hospital stay of celebrated Wilfrid. At fi rst, Miss Plimsoll wins the battle, is what Vole wants her to say. Suspicious, and London barrister Sir Wilfrid Robarts, played with Sir Wilfrid calling in another barrister to convinced she would make a terrible witness, by the estimable Charles Laughton. He is take the job. But his resolve to follow doctor’s Sir Wilfrid tells her that her testimony will be accompanied by his fussy, bossy nurse, Miss orders begins to crumble as his nurse describes, incredible because of her relationship with Plimsoll, played by Elsa Lanchester, who at with obvious delight, the bedtime regimen Vole and the fact that he rescued her from the time of this fi lm had been married to she has in store for him. And when the new the post-war rubble. Despite Vole’s pleas, he Laughton for nearly 30 years. Th e comic cat barrister discovers that the murdered widow decides not to call her for the defense. and mouse between Sir Wilfrid and Miss had recently changed her will and left Vole Th e fi lm moves to Vole’s trial at the Old Bailey. Plimsoll throughout the fi lm no doubt refl ects 88,000 pounds, Sir Wilfrid takes over the case. Th is is a delight for the American viewer and their long intimacy. When Sir Wilfrid says, lawyer. It is more auditorium than courtroom, “Oh shut up!” to one of Miss Plimsoll’s many Vole insists that while he had visited the widow with the defendant in the dock, the Lord Justice orders (“No cigars!” “Take your pill!” “No on the day of her murder (and coincidentally, on a highly elevated bench, the barristers in excitement!”), Laughton bellows the rejoinder her housekeeper’s day off ), he left her house continued page 21 with genuine relish. much too early to have killed her based on the

Messenger 11 Judges Night 20

Milwaukee County Circuit Court Judges David Hansher, Timothy Dugan, William Pocan, Jeff rey Wagner, and Marshall Murray with U.S. District Court Judge Lynn Adelman. S

S Milwaukee County Circuit Court Judges Lindsey Grady and Ellen Brostrom

Steven DeVougas of Hinshaw & Culbertson and Milwaukee County S Circuit Court Judge Carolina Stark

12 Spring 2013 013

All photos courtesy of Kevin Harnack at Wisconsin Law Journal

Guests enjoy good food and good conversation. S

Please join us in thanking our sponsors Event Sponsors

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Music Sponsor Fazio National Milwaukee County Circuit Court Judge Rebecca Dallet and S Katie Perhach of Quarles & Brady Printing Sponsor

Messenger 13 Photo ID Status Update: Injunctions Continue for 2013 Spring Elections Attorney Richard Saks, Hawks Quindel

isconsin’s photo ID law, 2011 Wisconsin Act 23, will remain Th e case is now pending in District II of the Court of Appeals, aft er the enjoined for our upcoming 2013 spring primary and general Wisconsin Supreme Court on January 14, 2013, denied for the third Welections. time the state defendants’ petition to bypass. In a separate case brought by the League of Women Voters and the President of its Wisconsin A little more than a year ago, the Milwaukee Branch of the NAACP, Election Network, Judge Richard Niess granted summary judgment to Voces de la Frontera, and twelve individual plaintiff s initiated a the plaintiff s on March 12, 2012, holding that the photo ID requirement challenge to the photo ID law as unduly burdensome to the right to is an unconstitutional condition of voting that violates Art. III, Sec. vote under Article III, Sec. 1 of the Wisconsin Constitution. In seeking 2 of the state constitution. Th e state defendants’ appeal is pending preliminary injunctive relief, the plaintiff s claimed that the photo ID in District IV. Two other federal cases—Frank v. Walker and Jones v. requirement disenfranchised substantial numbers of voters who lacked Deininger—implicate claims under the federal constitution and Section the types of photo ID required under Act 23. At the time, the only study 2 of the Voting Rights Act of 1965, but have been indefi nitely postponed addressing possession rates of Department of Motor Vehicle-issued pending the outcome of the two state cases. Signifi cant pleadings and photo IDs among the electorate had been performed in 2005 by UWM court documents are available for all four cases on the Moritz election Professor John Pawasarat, who found that 53% of all African-American law website, http://moritzlaw.osu.edu/electionlaw/litigation/index.php. adults living in Milwaukee County did not have a valid driver’s license, and that among young adults (aged 18-24), 74% lacked a driver’s license. At trial last April, the NAACP/Voces case presented a factually Th e Pawasarat study is available at: http://www4.uwm.edu/eti/barriers/ detailed challenge and established that the photo ID law is so unduly DriversLicense.pdf. Th e plaintiff s also presented undisputed evidence burdensome that it is tantamount to a denial of the right to vote. Th e about the fi nancial costs and time-consuming burdens encountered by court received evidence from 33 voters who encountered myriad dozens of predominantly minority voters who attempted to navigate obstacles and costs in attempting to obtain their DMV-issued photo IDs various government offi ces to procure a photo ID acceptable under in order to vote. Also, Professor Mayer performed statistical matches of Act 23. On March 6, 2012, Dane County Circuit Judge David Flanagan government databases that quantifi ed the number of qualifi ed electors temporarily enjoined the photo ID provisions, citing the Pawasarat who lack photo ID. In its July 17 decision, the court made fi ndings study, the affi davits of forty voters who encountered various burdens in in three key areas. First, approximately 333,276 qualifi ed electors attempting to comply with the law, and testimony from UW Political (about 9% of the electorate) in Wisconsin—including large numbers Science Professor Kenneth Mayer about the de minimis impact the of minority, disabled, and elderly voters—currently lack an acceptable photo ID requirement would have in deterring vote fraud. Th e case photo ID. Second, procuring an acceptable photo ID, especially for went to a week-long trial in April, and Judge Flanagan granted a indigent voters, involves a signifi cant expenditure of money and can be permanent injunction on July 17. continued page 22

14 Spring 2013 Act 10: What Was, What Is, and What (Maybe) Is to Come Paul Jonas, Marquette University Law School (Candidate for J.D., 2013)

Introduction The Known Knowns foreboding category is the resolution on When I was asked to write an article for the To begin with, we have several defi nitive appeal of pending issues related to Article XI, Messenger about Act 10, the 2011 Wisconsin judicial rulings on Act 10’s passage and sec. 3(1), the Home Rule Amendment to the law limiting collective bargaining rights for substance, “known knowns,” if you will. For Wisconsin Constitution; to claims that Act 10 most public employees, my original mandate example, the Wisconsin Supreme Court held violates employees’ right to contract under the was to write a “retrospective” story about in June 2011 that the now-famous committee Wisconsin and U.S. Constitutions; and to equal the Act’s passage and eff ect. Writing a purely meeting in the Senate parlor on the evening protection concerns about distinctions between “retrospective” story about Act 10 in the of March 9, 2011—where Republicans passed union and non-union employees. In September spring of 2013, however, is somewhat like a stripped-down version of Act 10 while all 2012, Dane County Circuit Judge Juan Colas writing a retrospective story about a football 14 Democratic Senators enjoyed an extended, ruled that Act 10 violates Home Rule, which game at the end of the third quarter, since quorum-preventing vacation in scenic northern guarantees that municipalities can “determine we don’t know exactly how the “game” of Act Illinois2—was convened consistently with the their local aff airs and government” subject to 10 will end. In the words of former Defense requirements of Wisconsin’s open meetings law limitations by laws of “statewide concern.” Secretary Don Rumsfeld, there remain with and the Wisconsin Constitution.3 In so holding, regard to Act 10 known unknowns—i.e., the court made clear that a judge may not Specifi cally, Judge Colas held unconstitutional things we know we do not know; and probably interfere in the lawmaking process by enjoining Act 10’s prohibition of the City of Milwaukee’s a few unknown unknowns, things we don’t publication of an act of the Legislature, as Dane continued payment of the employee share know we don’t know or, alternatively, things County Circuit Court Judge Maryann Sumi had of contributions to the City of Milwaukee we think we know but really don’t.1 Confused done initially.4 Th e court also held that it would Employee Retirement System.8 Judge Colas yet? If so, good. You are now ready to wade not enforce a purely statutory rule of procedure also ruled that Act 10 unconstitutionally into the turbid waters of the hotly debated (of which the open meetings law is one) against impairs the rights of the City of Milwaukee legislation that is Act 10. the Legislature when evaluating the validity of a and its employees to contract for legislative act.5 As a result, the process by which compensation.9 Th ough technically this What Is Act 10? Act 10 moved through the Legislature and was pertains only to the City of Milwaukee, a I am confi dent that as informed Wisconsin signed by Governor Scott Walker was validated, union-friendly ruling on this issue by the citizens and attorneys, nearly all Messenger and Act 10 went into eff ect shortly thereaft er. Wisconsin Supreme Court could have a ripple readers are familiar in a general sense with the eff ect that would alter, if not do away with, key basic provisions of Act 10 and the controversy In January 2013, the U.S. Court of Appeals structural reforms of Act 10. surrounding its passage and implementation. for the Seventh Circuit held that distinctions Th at said, by way of refresher for those who between public safety workers and virtually all Judge Colas also ruled that Act 10 violates might have only a passing familiarity with the other public employees with regard to collective union members’ rights of free speech, specifi cs of Act 10, the following provisions bargaining rights, union recertifi cation association, and equal protection under the comprise the heart of the most controversial requirements, and automatic payroll deduction Wisconsin Constitution and, possibly, the 10 parts of the law. Act 10 (a) restricts collective of dues are supported by a suffi ciently rational U.S. Constitution. Th is aspect of Judge bargaining by all municipal, state, and UW basis to survive ordinary scrutiny under the Colas’ ruling is distinguishable from the System employees not classifi ed as public Equal Protection Clause.6 Th e Seventh Circuit Seventh Circuit’s in that the Seventh Circuit safety employees (i.e., other than police and also held, over a dissent, that the anti-dues considered the Act’s public safety/other public fi refi ghters) to bargaining only over base wages, collection provision of Act 10—whereby union employee distinction, while Judge Colas’ with wage increases not to exceed the change dues are no longer automatically deducted from decision considered the union/non-union in the consumer price index; (b) requires the paychecks of public employees other than classifi cations drawn by Act 10. Th at said, the annual public union recertifi cation by majority public safety employees—is consistent with the constitutional issues in play are similar. Th e vote of all union members; (c) prohibits First Amendment speech and association rights Wisconsin Supreme Court has consistently salary deductions for labor organization dues of union members whose dues are no longer held that, with limited exceptions, the rights and allows employees in unionized public automatically withheld.7 Barring a rehearing of speech, association, and equal protection workplaces to refrain from paying dues if en banc or a successful petition for certiorari enshrined in the Wisconsin Constitution they so choose; (d) prohibits public sector to the U.S. Supreme Court—neither of which mirror those of the First and Fourteenth 11 employers, and the City of Milwaukee in appears likely according to the law professors Amendments to the U.S. Constitution. particular, from paying any portion of an with whom I’ve spoken at Marquette—the Th ough not binding on Wisconsin courts, employee’s share of required contributions Seventh Circuit ruling probably puts to rest the the Seventh Circuit’s opinion on the into the Wisconsin Retirement System or the federal constitutional issues surrounding the constitutionality of Act 10 under the First Milwaukee Employees Retirement System; public safety/other public employee distinction and Fourteenth Amendment will be highly and (e) limits public employer contributions in Act 10. persuasive in the appeal of Judge Colas’ ruling toward employee health care premiums to and, in my opinion, will probably carry the 88% of the average premium cost for the least The Known Unknowns day in the court of appeals, as well as the expensive available plan. Even aft er the Seventh Circuit’s recent Wisconsin Supreme Court should that court ruling, the Act 10 picture remains blurry. agree to hear the case.12 Armed with a basic understanding of Act 10, We have moved into the murky world of the we can begin to explore where we as a state “known unknowns,” those critical but as-yet Speaking of the Wisconsin Supreme Court, have been with Act 10, where we are today, unanswered questions, resolution of which there is, of course, an election scheduled where we might be going, and what it all means. will signifi cantly impact the implementation for April 2013. Justice Pat Roggensack, a and long-term vitality of Act 10. First in this continued page 16 Messenger 15 Act 10 continued from p. 15 specifi city. Foremost in this category, I think, Governor Walker’s prospects for re-election in generally conservative jurist who voted with is the presumption that recent redistricting 2014 are anyone’s guess. Admittedly, they do the majority in 2011 to uphold Act 10, will changes and Governor Walker’s solid victory not directly show how many people voted for face a challenge from a candidate who, the in the June 2012 recall election show that Governor Walker out of opposition to the recall conventional wisdom would suggest, will the current Republican dominance of state rather than support for the Governor’s policies, be less sympathetic to Act 10 than Justice government will continue for the foreseeable nor do they shed light on how recall opponents Roggensack if elected. If Justice Roggensack future, or at least long enough to allow the might vote next time around. It is undeniable, is defeated in April, and if the reconstituted reforms of Act 10 to become fully and fi rmly though, that general antipathy toward the recall Supreme Court were subsequently to strike entrenched. While I think this is the most likely itself was a major issue working in Governor down portions of Act 10 to which challenges scenario, there are reasons to think that a swing Walker’s favor in 2012. Th at issue will not be on are still pending, it seems possible that the toward Democratic control of the Governor’s the table in 2014. statute’s opponents may attempt to relitigate offi ce or the Legislature, or both, is not totally Likewise, it is a fact that Wisconsin elected Act 10 in its entirety, res judicata be damned. out of the question in the near future. Governor Walker twice and conservative Th e future political makeup of the notoriously As for Governor Walker’s future, it is worth Senator Ron Johnson once in a period of less divided Wisconsin Supreme Court is therefore noting that according to one exit poll taken than two years, then immediately turned a full another signifi cant “known unknown” during the 2012 recall election, fully 70% 180 degrees and elected Tammy Baldwin, an that will probably impact resolution of the of those polled felt that recall elections are unabashed liberal, to the U.S. Senate. Th ose of remaining legal challenges to Act 10. appropriate only in cases of offi cial misconduct you more politically savvy than I can probably The Unknown Unknowns in offi ce or never at all.13 In other words, 70% of list good reasons why this schizophrenic Finally, there is the most shadowy category the electorate, at least according to one poll, was electoral behavior makes sense. of all: the “unknown unknowns.” In speaking philosophically opposed to the recall itself, yet You might add, and I would concede, that of unknown unknowns, I refer to things we Governor Walker won by only seven per cent. statewide electoral behavior tells us relatively think we know but really don’t, not to things Th erefore, while Governor Walker’s win was little about the future behavior of voters within we don’t know we don’t know—the latter comfortable, it was perhaps surprisingly narrow the individual Senate and Assembly districts being potentially signifi cant but, by defi nition, given overwhelming opposition to the recall election. Th e implications of these numbers to that decide who will control the Legislature. impossible to write about with any degree of continued page 21

CLE continued from p. 7 April 18, 2013 May 17, 2013 June 27, 2013 MBA Presents Family Law Section and MBA Guardian ad MBA Presents May It Please the Court: Eff ective Case Litem Subcommittee of the MBA Bench/ Drafi ng Eff ective Wills and Trusts Presentation at Trial Bar Family Law Committee Fundamental Principles of Will Draft ing / Presenters: Th omas E. Brown, Gimbel, Reilly, Twelft h Annual GAL Update Using Living Trusts and Powers of Attorney Guerin & Brown; Alex Flynn, Alex Flynn & Presenters: TBA (Judges/Attorneys/GALs) as Estate Planning Tools / Basic Tax Associates; Martin E. Kohler, Kohler & Hart; Marquette Law School, Eckstein Hall, Room 246 Considerations—What You Need to Know in John E. Machulak, Machulak, Robertson & 12:30 - 1:00 p.m. (Registration/Lunch) Order to Choose the Appropriate Plan / Ethics Sodos 1:00 - 4:00 (Program) and Estate Planning / Planning Methods to 8:30 - 9:00 a.m. (Registration/Continental/ 3.0 CLE/GAL credits Control Medical Treatment Breakfast) Presenters: Sarah N. Ehrhardt, Michael Best & 9:00 - 4:15 (Presentation) June 19, 2013 Friedrich; Elizabeth Ruthmansdorfer, Moertl, 12:30 - 1:00 (Lunch will be provided) Environmental Law Section Wilkins & Campbell; Stephen A. Lasky, 8.0 CLE credits including 1.0 CLE ethics credit Wisconsin Th reatened and Endangered Moertl, Wilkins & Campbell Review agenda at www.milwbar.org, Species: Updates and Site Planning 8:30 - 9:00 a.m. (Registration/Continental continuing legal education Considerations Breakfast) Discussion of the Wisconsin’s endangered 9:00 - 4:00 (Presentation) April 26, 2013 species law, highlighting the current state- 11:45 - 12:15 (Lunch will be provided) Family Law Section listed species and those species being 7.0 CLE credits including 1.0 CLE ethics credit Milwaukee Family Court Judges—Live and proposed for listing and delisting, planning Review agenda at www.milwbar.org, in Concert! considerations when threatened and continuing legal education Th e Milwaukee Family Court Judges discuss endangered species and habitats come into areas of family law practice, including advice play, and assessment methods required by on how best to present issues to the court. regulatory agencies Presenters: Honorable Maxine White; Presenter: Heather Patti, Professional Wetland Honorable Carl Ashley; Honorable Frederick Scientist, R.A. Smith National, Inc. Rosa; Honorable Marshall B. Murray; Noon – 12:30 (Lunch/Registration) Honorable William Sosnay; Commissioner 12:30 – 1:30 (Presentation) Ana Berrios-Schroeder; Commissioner Sandy 1.0 CLE credit Grady 12:30 - 1:00 p.m. (Registration) No Lunch 1:00 - 4:00 (Presentation) 4:00 - 5:00 (Reception—hors d’oeuvres and wine) 3.0 CLE credits 16 Spring 2013 Ahead of Her Time: Wisconsin Legal Pioneer Charlotte Bleistein Championed Precursor to Milwaukee Justice Center Attorney Hannah C. Dugan of non-indigent defendants to private counsel and instead required referral to the Milwaukee Bar Association or the Legal Aid Society, each of which used the MBA’s Bar Referral Panel. Th e rules specifi cally provided that “in those purely sociological cases of drunkenness and family disputes, the Voluntary Defender is relieved of participating.”5

Th e Voluntary Defenders diff erentiated itself explicitly Charlotte from attorneys who were paid. Th e rules clearly stated that Bleistein Defenders were not to be compensated and that the clients could not later retain the volunteer for remuneration. Th e design, rules, defi nitions, and promotion of the program distinguished it from defender appointments by the court pursuant to decades-old state case law, in which counsel received remuneration. To defl ect private attorneys’ criticism of incursion on their client base, the bar emphasized that the Voluntary Defender Program “is only to aid indigents and not to provide free legal service for all people or to encroach upon criminal business of practicing lawyers.” he Milwaukee Justice Center, which the MBA co-founded and co-sponsors, has a historical precedent from half a century ago: In 1966, aft er state law made appointment of counsel mandatory in felony Tthe Voluntary Defenders Program. And Charlotte Bleistein, the cases and the local bar adopted the “Milwaukee Plan—Legal Services,” second longest-standing female bar member in Wisconsin today, served the Voluntary Defender Program changed dramatically. Appearances in the dual roles of the program’s original female volunteer and its in the morning court session continued on a pro bono basis, but enduring champion. appearances during the aft ernoon session (for continued cases or those cases requiring additional appearances) were compensated. Every Charlotte graduated from Washington University Law School in 1939 compensated session, however, required the attorney to undertake a and was admitted to the Missouri bar.1 In 1949, aft er attending Marquette continued page 22 University Law School, she gained admission to the Wisconsin bar, and has been active in Milwaukee and its legal practice ever since. A valued part of Charlotte’s practice and pro bono service over the years is her early and loyal commitment as a Voluntary Defender.

The Voluntary Defenders Program: a Brief Description Th e pilot project, launched in 1957, was the fi rst of its kind in the nation. Its primary goal was to provide free in-court representation every morning for indigents in Milwaukee County misdemeanor cases. It later expanded its mission to felony cases and Children’s Court matters. Th e secondary goal was to “relieve the court of defending as well as sitting [in] judgment of indigents, thereby aiding in the administration of justice and preserving judicial impartiality.” Th e Milwaukee Junior Bar Association,2 the Legal Aid Society, and the circuit court designed and operated the project according to a well-constructed set of rules and a high level of cooperation.3 Th e Legal Aid Society coordinated the Voluntary Defender assignments, and maintained an on-call list for emergency assignments when a volunteer did not appear or had a client confl ict.

A Voluntary Defender would appear in Branch 1 (later also Branch 4) on the assigned day, introduce himself or herself to the judge and the staff , and then take a seat to the left in the front of the courtroom. Th e court clerk identifi ed unrepresented persons and gave their case jackets to the Voluntary Defender, who, in turn, interviewed the defendants for indigence. Indigence evaluations included assessing earned income, size of family, and unusual debts.4 Th e defendant was advised of the right to retain counsel and other basic constitutional rights, as well as of potential motions for dismissal. In misdemeanors, the Voluntary Defender, on the indigent person’s behalf, could request an adjournment or proceed immediately to trial if the defense was basic and appeared to be dispositive. Th e program rules precluded referral Messenger 17 In this day and age, you wouldn’t think of The Turtle Arrives spending the money on printing and postage if Honorable Richard J. Sankovitz, Milwaukee County Circuit Court you could e-mail a PDF right from your desk, isitors to the Th e same ease, effi ciency, and economy right? When was the last time you fi led your United States of doing business in federal district and taxes in hard copy? Or your CLE credits? Supreme Court bankruptcy courts and the Wisconsin V Check out the ten-minute tutorial on the building will notice appellate courts—you’ve been eFiling for years, Wisconsin Supreme Court’s website, wicourts. that turtles fi gure right?—is now available as well to practitioners gov/services/attorney/electronicfi le, and see how prominently in its handling cases in the circuit court. easy it is to eFile. You’ll see it works pretty much ornamentation. One like eFiling in other courts where you practice. is carved into the east CCAP, which has developed one of the more sophisticated and dependable court pediment, fl anking If you fi le your CLE credits electronically, information technology platforms in the Moses and other you are already registered to use the system. nation, has been perfecting our system for lawgivers. Turtles also Beyond that is a mere $5.00-per-case fee, years, operating pilot programs in counties support the lampposts in the plaza of the which is probably less than you will spend the across the state. Last fall it rolled out the court and in all the interior courtyards. Th ey next time you need to make a last-minute dash program here in Milwaukee, and it is starting symbolize the longevity and stability of the to the courthouse to fi le on time. And John to catch on. law, and its slow and steady progress. Barrett, our Clerk of Court, is even willing to scan in cases already on fi le, assuming that the It’s hard to be a turtle in the 21st Century, More than 250 cases have been fi led existing fi lings are not too voluminous. though, when it seems like the hares are electronically in a wide variety of disciplines. Some high-volume fi lers are beginning to fi le having all the fun with their iPhone 5s and Hares have been asking us turtles for 15 years all of their cases electronically. fi ber optics and apps and what not. or more when electronic fi ling would come to the circuit courts. Th anks for your patience— Th e consolation, of course, is that when the I had the pleasure recently in two cases and now, hares, it’s time to get back in the race! courts get into the technology race, we apply to prepare for motion hearings where all ourselves slowly and steadily and we produce the materials were fi led electronically and winning results, products that are rock-solid therefore available to me with just a few clicks. stable and dependable. Everything was in order, the documents were searchable, and I could cut and paste parts of And so we are quite pleased to let people the briefs into my decision and plug citations know (if they didn’t already get the news on into Westlaw. I didn’t spill coff ee on any of Instagram or some Google Alert or something) it. Counsel tell me that they like having their that electronic fi ling is now up and running documents in one place, easy to fi nd, and they in the Civil and Family Divisions of the receive immediate notice when anything is Milwaukee County Circuit Court. fi led and when orders are entered.

MBA Seeks Candidates for Milwaukee Justice Center Offi ce and Award Build-Out Gets Underway Nominations Justin Metzger, Milwaukee Justice Center Th e MBA invites you to consider running for one of the three seats on the Board of Directors he Milwaukee Justice Center has begun the fi rst phase of its 2013 expansion project. In that are up for election this spring. We also seek February, the MJC combined both its Family Law Clinic and Brief Legal Advice and candidates for the offi ce of Vice-President, which TReferral Clinic in the newly-vacated space behind the self-help desk in Room G9 of the succeeds to the offi ces of President-Elect and Milwaukee County Courthouse. President over a three-year period. Serving on Th e move gives the Brief Legal Advice and Referral Clinic a permanent footprint in the courthouse, the MBA Board or as an offi cer is a professionally while expanding both clinics’ maximum capacity from four client workstations to seven. enriching and rewarding experience, and the “Th e new area has created a great new workspace,” MJC Legal Director Ayame Metzger said. “It MBA has an experienced and talented staff with provides a more confi dential and comfortable environment for both clients and volunteers.” which it is a pleasure to work. “It’s better for everyone because clients and volunteers are not on top of each other,” MJC Th e MBA is also calling for nominations for Executive Director Dawn R. Caldart added. “I’ve had volunteer attorneys tell me that it’s nicer its Distinguished Service, Lawyer of the Year, not only to have the additional space to work with, but also to have a more professional-looking Lifetime Achievement, and Public Service environment in which to assist clients.” Awards. Th ese awards are bestowed at our annual meeting in June. Additionally, the Family Law Clinic has gone digital, with help from the Milwaukee County Courthouse IT department. Th is allows volunteers to help clients present professionally-typed Please contact MBA Executive Director Jim forms to the courts, instead of more diffi cult-to-read handwritten forms. Th e result should be Temmer (414-276-5934, jtemmer@milwbar. greater clarity and effi ciency in hearings. org) as soon as possible if you would like to Th e expanded fl oor space and digital conversion also allows MJC staff ers to better plan for the throw your hat into the ring, to make award full build-out of the fi nal clinic, which is expected to be complete in the fourth quarter of 2013. nominations, or with questions about either. Both Metzger and Caldart are pleased with how things are working out so far. 18 Spring 2013 Helping Our Heroes: the Promise of Milwaukee’s Veteran’s Treatment Initiative Attorney J.C. Moore, Attorney Supervisor, State Public Defender, Milwaukee Trial Offi ce; Attorney Jeff rey J. Altenburg, Deputy District Attorney, Milwaukee County District Attorney’s Offi ce; and Honorable Glenn H. Yamahiro, Milwaukee County Circuit Court

rom the battles of antiquity to Vietnam, veterans’ courts are a relative newcomer a program of 12-18 months duration, more returning warriors have always dealt to the justice system, having originated in frequent court appearances, and intensive Fwith scars both seen and unseen. 2008, their numbers have quickly grown to monitoring by JusticePoint. Veterans convicted Veterans of the most recent wars in Iraq and over 100 programs nationwide with another of misdemeanor drunk driving participate Afghanistan are no exception. A report from 100 planned.10 Wisconsin alone has eleven in the VTI while on probation with the the U.S. Department of Veterans Aff airs found programs spanning 28 counties.11 State Division of Community Corrections. that over 250,000 of these vets were treated for Successful completion allows the veterans to Post-Traumatic Stress Disorder.1 Th is is oft en Th e Milwaukee County Veterans’ Treatment serve less jail time and terminate probation complicated by a common injury in these Initiative (VTI) began in late 2009 as a early. Finally, program effi cacy is determined wars, which mimics the symptoms of PTSD: collaborative eff ort between the State Public by UW-Milwaukee. traumatic brain injury caused by explosive Defender, the Milwaukee County District concussions.2 Veterans with these conditions Attorney, the VA, and other veterans While each member has a critical role, the oft en self-medicate with drugs and alcohol. Th e organizations such as the Center for Veterans key to the VTI’s success is its collaborative VA estimates that 20% of veterans with PTSD Issues (CVI) and Dryhootch LLC. It consisted approach, interaction with the veteran, and the also have a substance abuse disorder.3 Th ey of an ad hoc framework facilitating early strong desire to help our community’s heroes. may alienate friends and family and drift into identifi cation of low-risk justice-involved For more information on the VTI, contact homelessness. On any given night, as many as veterans and mandatory treatment. Successful Abby Ziebell at [email protected]. 200,000 veterans are homeless.4 In the end, they completion was rewarded with a favorable case 1Epidemiology Program, Post-Deployment Health Group, Offi ce may feel unable to cope, and tragically turn to disposition or dismissal. Later, the program of Public Health, Veterans Health Administration, Department gained additional team members who could of Veterans Aff airs, “Report on VA Facility Specifi c Operation suicide. In 2012, veterans did so at the staggering Enduring Freedom (OEF), Operation Iraqi Freedom (OIF), and rate of one attempt every 80 minutes.5 provide more intensive services, and a judge Operation New Dawn (OND) Veterans Coded with Potential PTSD - Revised” (2012). who could provide direct oversight. Finally, in 2E. Lanier Summerall, M. M., “Traumatic Brain Injury and PTSD,” Given the infl uences of substance abuse, 2012, a grant from the National Drug Court National Center for PTSD (December 20, 2011). Retrieved January 31, 2013, from United States Department of Veterans Aff airs: http:// violence, and mental illness, veterans fi nd Institute allowed the team to train for and plan www.ptsd.va.gov/professional/pages/traumatic-brain-injury-ptsd. asp. themselves in the criminal justice system at the current VTI. 3“PTSD and Substance Abuse in Veterans” (April 3, 2012). Retrieved disturbing rates. While only seven percent January 31, 2013, from U.S. Department of Veterans Aff airs: http:// Currently, the VTI involves a number of www.ptsd.va.gov/public/pages/ptsd_substance_abuse_veterans.asp. of the U.S. population has ever served in the 4Homeless Veterans Fact Sheet, National Coalition for the Homeless, military and less than one percent has served diff erent tracks designed for veterans with September 2009. 5Berglass, D. M., “Losing the Battle, Th e Challenge of Military over the last 10 years, nearly ten percent of varying levels of risk and need. It is included Suicide,” Center for a New American Security (2011). within Milwaukee County’s larger early 6National Prisoners Statistics Program, Bureau of Justice Statistics all persons incarcerated during those years (2007). were veterans.6 Th ings are no diff erent in our intervention system that assesses all non- 7National Center for Veterans Analysis and Statistics (February 8, 2013). Retrieved February 9, 2013, from U. S. Department of community. 53,000 veterans live in Milwaukee violent off enders and, when appropriate, Veterans Aff airs: http://www.va.gov/vetdata/. 8 7 swift ly links them with services and programs Data provided by Milwaukee County Sheriff ’s Department. County—over 5% of its population. While no 9“Justice for Vets. Th e Ten Key Components of Veterans Treatment data exists tracking the number of Milwaukee’s to reduce recidivism and enhance public Court,” Th e National Clearinghouse for Veterans Treatment Courts at the National Association of Drug Court Professionals. justice-involved veterans, over the last three safety. Veterans who are booked into the jail 10“National Drug Court Institute. Th e History.” Retrieved January and charged with a crime are evaluated by 31, 2012 from Justice for Vets: http://www.justiceforvets.org/vtc- years nearly 2,200 persons booked into the history. County Jail reported military service.8 JusticePoint Inc., a pretrial monitoring agency. 11“For Veterans” (January 7, 2013). Retrieved January 31, 2013, from Wisconsin Court System: http://www.wicourts.gov/services/veteran/ JusticePoint identifi es needs and determines index.htm. Justice-involved veterans present a dilemma military service history, which is provided for our system: how to hold veterans to the court at the very fi rst appearance. VA accountable for criminal conduct while at eligibility and access to services is evaluated Mission the same time recognizing that the eff ects early in the process and relayed to defense Statement of military service may be at its core. A counsel by the Public Defender. Treatment Established in 1858, the mission of nation that collectively asks veterans to referrals are made to the VA or, if the veteran the Milwaukee Bar Association is to serve the interests of the lawyers, put themselves in harm’s way cannot in is ineligible for VA services, to Milwaukee judges and the people of Milwaukee good conscience ignore the consequences. County Behavioral Health through CVI. County by working to: Fortunately, help has emerged in the form of Dryhootch provides a team of veteran mentors • Promote the professional interests of the local veterans’ treatment courts. Th ese evidence- who give critical guidance and encouragement bench and bar based programs are based on the research- outside of the courtroom. A Milwaukee police • Encourage collegiality, public service and validated drug treatment court model that liaison addresses warrants for non-compliance professionalism on the part of the lawyers of relies on treatment, court monitoring, and an or other police contact, and also monitors Southeastern Wisconsin established system of sanctions and incentives compliance when court is not in session. • Improve access to justice for those living and to reward participants for success and hold working in Milwaukee County Lower-risk veterans follow a track similar to them accountable for setbacks. Contrary • Support the courts of Milwaukee County in to the typical adversarial approach, the that already discussed. Higher-risk veterans the administration of justice with entrenched addiction or mental health parties and judge work collaboratively with • Increase public awareness of the crucial role treatment providers and case managers to needs participate in the veterans’ track of the that the law plays in the lives of the people of address participants’ diverse needs.9 While Milwaukee County Drug Treatment Court: Milwaukee County. Messenger 19 MBA Memorial MBA Hosts Judicial Forums Service for Supreme Court and Circuit he MBA will host its annual Memorial Court Primaries Service on Friday, May 3, at noon in TRoom 500 of the Milwaukee County he Milwaukee Bar Association hosted two judicial forums prior to the statewide primary Courthouse. Chief Judge Jeff rey A. Kremers elections. Wisconsin Supreme Court candidates—Attorney Ed Fallone, Attorney Vince will preside. Below is a list of attorneys and TMegna, and the Honorable Pat Roggensack—squared off on February 7 in a forum judges who will be honored at the service. If moderated by the Honorable John DiMotto. More than 60 MBA members, many members of the you know of others who should be included on press, and several television cameras were in attendance. the list, please contact Katy Borowski at 414- 276-5933 or [email protected]. Th e February 6 forum for Milwaukee County Circuit Paul M. Barnes Court Branch 45 featured Ronald G. Bernoski the Honorable Rebecca James E. “Jim” Boren Bradley, Attorney Janet Peter N. Brusky Protasiewicz, and Attorney Donald Buzard Gil Urfer. Marquette Anthony D. Cadden University Law School John Louis “Jack” Coff ey Professor (and former Philip W. Croen MBA President) Dan Th omas J. Curran Blinka served as moderator. Patience RoggensackSS Edward Fallone Tom Dallmann Approximately 70 people Frederick Andrew Eckl attended this event. Eugene J. Hayman Frank J. Holton Please watch your mailbox for the MBA Judicial Poll to be Neil L. Krueger mailed out as soon as the fi nal candidates are selected. David Lerman John B. McCarthy Jr. Th omas J. Mueller Sheldon Rapkin Verne R. Read Th omas J. Rooney John F. “Jack” Savage Vincent Megna S James H. Schaefer William G. “Bill” Schuett Jr.

John C. Shabaz S Circuit Court Branch 45 candidates Jerry Statkus Rebecca Bradley, Janet Protasiewicz, Donald E. Tewes and Gil Urfer Gerald N. Th eis Slack Ulrich All photos courtesy of Judge Charles F. Kahn. Philip Lee Wettengel Third Annual MBA Girl Scout Workshop On Saturday, February 16, 39 Girl Scouts and 12 Troop Leaders gathered at the MBA for the third annual Girl Scout workshop. Volunteer attorneys discussed a variety of legal topics, including the process of becoming a lawyer and potential legal careers, DNA and polygraph information, and what things minors can do that might get their parents in legal trouble. Aft er the presentations, the girls rehearsed and conducted a mock trial from start to fi nish, complete with opening statements, witnesses, and a jury ruling. Th ank you very much to the attorneys and police offi cer who generously donated their time to make this event possible: Hannah Dugan Summer Murshid Tom Reed Evangeline Scoptur Evan Goyke Offi cer Kathy Schult

20 Spring 2013 Th e Pro Bono Corner is a regular feature spotlighting organizations throughout the Milwaukee area that need pro bono attorneys. More Pro Bono Corner organizations looking for attorney volunteers are listed in the MBA’s Pro Bono Opportunities Guide, at www.milwbar.org. criminal misdemeanor matters in counties fi ve new agencies. Th e CEO and attorneys Nonprofi t Legal Services of throughout southeastern Wisconsin. that manage each agency provide monthly Southeastern Wisconsin, Inc. reports to the boards, and board members Contact: Joe Neterval Last July, Neterval incorporated fi ve new will meet quarterly. Additional volunteer Offi ce: P.O. Box 757 non-profi t legal services agencies. NLS of SE- opportunities may arise as the boards develop Milwaukee, WI 53201 WI became a referral and case management and implement a three-year operational plan Phone: 414-435-0636 or 414-839-8899 agency for the new organizations: NLS- to train additional staff and acquire funds Email: [email protected] Central, North, South, East, and West. Th is necessary to subsidize this project. Neterval multi-agency structure seeks to avoid confl icts envisions that the board presidents and agency onprofi t Legal Services of Southeastern of interest in cases that involve two or more directors at the fi ve agencies will comprise Wisconsin, Inc. (NLS of SE-WI) low-income parties in need of counsel. It the board of directors of NLS of SE-WI, and Nis seeking volunteers to assist in also provides a uniform access point and will oversee the referral and case management developing its new multi-agency delivery eligibility guidelines for low-income residents agreement with the participating agencies. model. seeking inexpensive legal services. Th e new agencies all serve Milwaukee County, and In addition to recruiting board members, NLS In 2004, MBA member Joe Neterval founded share coverage of Waukesha, Walworth, of SE-WI is interested in speaking to attorneys Joe’s Nonprofi t Legal Services, Inc. Neterval Racine, Kenosha, Ozaukee, Washington, and and non-attorneys about helping to establish previously had founded Centro Legal, a Jeff erson Counties. Neterval hopes to expand the new agencies. Moreover, the group seeks sliding-scale law fi rm mainly serving low- the agencies’ substantive focus to include panel attorneys in all of its practice areas to income clients, and saw a need for additional immigration, consumer law, and other issues provide limited appearances or participate in providers of cost-eff ective, aff ordable legal facing low-income clients. reduced-fee representation. services. Joe’s Nonprofi t Legal Services evolved into NLS of SE-WI, which has taken NLS of SE-WI is looking for volunteers to on various family law, small claims, traffi c, and serve on the boards of directors at each of the

Reel Law continued from p. 11 pill and a thermos of cocoa supplied by killing the widow! Except to say that Sir full wigged and robed regalia at their tables, a Miss Plimsoll, who is watching anxiously Wilfrid wins acquittal for Vole, I won’t say full audience in the balcony hovering over the from the balcony. Of course, Sir Wilfrid has more about the plot, as this is a typical Christie proceedings, and the witnesses sequestered covertly substituted a thermos of brandy, and twister, and you’ll enjoy it all the more when behind glass in an adjacent room, summoned aft er taking sustenance immediately regains you watch it. when called to testify by a succession of bailiff s the advantage over the witness with a little And you should watch it! Th is movie has it like pageboys at a grand hotel. Pomp and courtroom trickery. all. Fine writing, a fun plot, deft direction, circumstance, indeed! Th e remainder of the plot turns on the wonderful English character actors (the In court, Sir Wilfrid, the prosecutor, the Lord surprise last witness for the prosecution— old housekeeper nearly steals the show), Justice, and the witnesses spar robustly, with Christine Vole! Sir Wilfrid, astounded by her and fascinating settings, especially to our counsel never failing to add “my learned appearance, objects on the basis of spousal American eyes. All that and the bulldog-faced colleague” to every jab between them. Th ere privilege, but Christine testifi es she was Laughton, matinee idol Power, and femme is a wonderful example of the “never ask a already a married woman in Germany when fatale Dietrich starring in the same movie. question you don’t know the answer to” trope Vole “married” her, and therefore is not really Th ey don’t make them like this anymore. in which the housekeeper skewers Sir Wilfrid, his wife. Th e Lord Justice allows the testimony, leaving him clutching for a nitroglycerin and Christine then testifi es that Vole admitted

Act 10 continued from p. 16 I merely suggest that the seemingly wild Rumsfeld knew, and the rest of us have 10Id. 11See, e.g., County of Kenosha v. C & S Mgmt., Inc., 223 Wis. 2d 373, turn in statewide political sentiment that has discovered in due course, nothing in politics 388, 588 N.W.2d 236, 244 (1999), holding that Article I, § 3 of the produced Wisconsin’s current delegation to or in life is guaranteed. Wisconsin Constitution guarantees the same freedom of speech rights as the First Amendment to the United States Constitution. the U.S. Senate should give pause to those 12 1Secretary Rumsfeld Press Conference at NATO Headquarters, Brussels, Other pending litigation regarding Act 10 includes Wisconsin who think that redistricting or simple political Belgium (June 6, 2002) at http://www.defense.gov/transcripts/transcript. Law Enforcement Association v. Walker, 2012CV004474 (Dane Cty. inertia have placed control of either or both aspx?transcriptid=3490 (viewed February 21, 2013). Cir. Ct.), alleging violations of some association members’ speech, 2“In Illinois, Wisconsin Senate Democrats Vow Unity,” Milwaukee associational, and equal protection rights under the Wisconsin chambers of the state Legislature beyond the Journal-Sentinel (Feb. 11, 2011). Constitution; and Laborers Local 236 v. Walker, 2012CV462 (U.S. reach of the Democrats, current Republican 3State ex rel. Ozanne v. Fitzgerald, 2011 WI 43, ¶ 21, 334 Wis. 2d Dist. Ct., W.D. Wis.), alleging violations of union members’ state 70, 798 N.W.2d 436, reh’g denied, 2012 WI 82, 342 Wis. 2d 396, 818 and federal speech, associational, and equal protection rights. Th e majorities in both chambers notwithstanding. N.W.2d 850, superseded, 2012 WI 82, 822 N.W.2d 67. allegations in these cases generally mirror those in MTI v. Walker, 4Id. at ¶ 9. supra n.8, and I believe they will receive similar judicial treatment. To be sure, I don’t think it likely that the 13 5 “Wisconsin Recall Exit Polls: How Diff erent Groups Voted,” Democrats will regain legislative majorities Id. at ¶¶ 11-13. 6Wisconsin Educ. Ass’n Council v. Walker, 2013 WL 203532, 14-15 New York Times (June 5, 2012) at http://www.nytimes.com/ suffi cient to push through legislation repealing (7th Cir. Jan. 18, 2013). interactive/2012/06/05/us/politics/wisconsin-recall-exit-polls.html or altering Act 10 any time soon. On the 7Id. at 10. (viewed February 21, 2013). 8Madison Teachers, Inc. v. Walker, 2012 WL 4041495 (Wis. Cir. Ct. other hand, Wisconsin voters have proven Sept. 14, 2012). to be nothing if not unpredictable. As Don 9Id. Messenger 21 Photo ID continued from p. 14 Bleistein continued from p. 17 practice I would rather build another house than do housework.’”6 unduly time-consuming. Th ird, no meaningful “free” session. By means of such balancing, voter fraud would be deterred by the photo the program avoided over-litigation at public Charlotte represented clients in a variety of ID requirement, and therefore the prospect expense. cases. Her MBA Lawyer Referral Service of such fraud does not warrant or justify the registration forms from the second half signifi cant burdens, as “serious recent eff orts One Woman’s Work of the 20th Century refl ect legal work in to investigate voter fraud have found nothing Charlotte Bleistein was one of the fi rst collections, patents, domestic relations, real that Act 23 would have prevented.” attorneys and the fi rst female attorney property, probate, unemployment, worker’s to participate in the Voluntary Defender compensation, personal injury, and other Across the nation, approximately 31 states Program. In a fi le she kept, Charlotte wrote torts—and refl ect that she assisted German- have some type of voting ID requirement. that to her, “the plan had the purpose of speaking clients in their native language. Over Fift een of these states have a photo ID awakening the public, through the leadership the years, Charlotte has been active in Girl requirement, but nearly all permit some of the attorneys, to the social and legal Scouts and a member of the state and local bar type of fail-safe voting option for voters who problems existing in the courts and the associations, Turners International, United cannot produce the required ID. For example, necessity for affi rmative action in the solution World Federalists, and Greendale community Indiana’s photo ID requirement, approved by of various problems.” organizations. She successfully ran and served the U.S Supreme Court in Crawford v. Marion two terms as Greendale Trustee (1953, 1956), County Election Bd., 553 U.S. 181 (2008), Charlotte continued her twice-monthly leading the vote totals against two fi elds of permits electors lacking a photo ID to vote by assignments from 1957 to 1970. She male candidates. Her campaign charge: “Vote affi davit. Th e Wisconsin photo ID requirement noted that the “usual case involved check for the candidate with the woman’s viewpoint is the most stringent such law in the nation, as forgery, burglary, perverts, contributing to and the Lawyer’s training and experience.”7 a voter appearing at the polls without one of delinquency, shoplift ing, battery, carrying a few prescribed forms of photo ID is required concealed weapon, resisting or obstructing an Charlotte Bleistein’s 74 years of serving her to vote by provisional ballot, which can only offi cer, disorderly conduct, and [sic] forgery.” community with “the woman’s viewpoint and be cured by producing an Act 23-prescribed She interviewed up to seven defendants the Lawyer’s training and experience” serve as photo ID in the local clerk’s offi ce within three each morning and usually represented one a monumental inspiration to members of the days. Th e Wisconsin law is strikingly similar or more of them. She never sought nor bar and current volunteers at the Milwaukee to the Texas photo ID law that was enjoined by received payment for these cases, even aft er Justice Center. a three-judge panel last summer under Section the Milwaukee Plan went into eff ect and the 1Charlotte was not included as one of the fi rst 150 women who were 5 of the Voting Rights Act. Issues that will be Public Defender system was initiated. She admitted to the practice of law in Wisconsin. Due to her admission recalled, however, “that Judge [Robert] Hansen ten years earlier in Missouri, however, she can be counted as one of addressed on appeal of the NAACP/Voces the fi rst 150 women residents of Wisconsin who practiced law. See case will almost certainly turn on whether usually managed to appoint [a Voluntary Pioneers in the Law: the First 150 Women (State Bar of Wisconsin 1998). the Crawford case controls the outcome in Defender] to be Guardian ad Litem for an 2Th e Milwaukee Young Lawyers Association derives from the MJBA. alleged incompetent, which then involved 3Th e Voluntary Defenders continued to serve even aft er the dictates Wisconsin, and whether a state constitutional of Gideon formalized indigent defense in Wisconsin. In the late challenge to a photo ID requirement for an appointment at the Mental Hospital 1960s and early 1970s, under the paid Public Defender system, attorneys initially received payment of $5.00, which was gradually voting should be subject to heightened judicial to interview our individuals and then to increased to $10.00. scrutiny in determining whether the burdens represent them at their court hearings for 4Individuals making less than $2,400 and married persons who earned less than $2,900 a year (with a sliding income schedule for imposed on the right to vote are warranted. which we were paid.” each additional family member) were income-eligible for the free assistance. 5Demet, Francis J., “Th e Voluntary Defender Plan in Milwaukee Th e author is attorney for the plaintiff s in A Leading Lawyer County,” Th e MBA Gavel, Vol. 19, No. 2 (Winter 1958); Demet, March is Women’s History Month, so it Margadette M., “Legal Services for Urban Needs: Implementation NAACP, et al. v. Walker. of the Economic Opportunity Act of 1964,” Th e MBA Gavel, Vol. seems appropriate to include some additional 27, No.1 (June 1966); Randall, William, “Th e Voluntary Defender Program,” Th e MBA Gavel, Vol. 23, No. 4 (March 1963). biography of a leading woman of the MBA. As 6“Remodeling Is On the Rise,” Milwaukee Journal (Sunday, May a student, Charlotte distinguished herself as a 17, 1953). Th e article includes several pictures, including one of Charlotte sawing metal with her left hand, the caption explaining Special Master continued from p. 11 member of the law review staff s at both of her that “Mrs. Bleistein is ambidextrous.” Does a special master add another layer of 7“Candidates in Local Elections List Qualifi cation, Programs,” Th e law schools. Upon graduation, she obtained Tri-Town News, (Hales Corners, Th ursday, April 2, 1953); “Krueger, court process and expense? Th e vast majority employment with the National Labor Relations Bleistein Surges Victors in Voting,” ibid. (Th ursday, April 9, 1953); campaign letter to “Fellow-Greenlanders” from Charlotte A. of rulings and decisions by special masters are Board as a review attorney, the Board’s fi rst Bleistein, Spring Election 1956. not appealed to the court. A special master female fi eld examiner, and then as a fi eld tries to cut through litigation “red tape,” gets attorney. Initially her law and insurance offi ce issues to resolution quickly and effi ciently, and were in her home in Greendale—a home she ultimately reduces the parties’ litigation costs. literally built with the help of a neighbor who happened Conclusion to be an architectural Accurate Process Service Service Anywhere in WI/Or the USA If a case in which you are involved is engineer. A lengthy article Member Better Business Bureau complicated and will require more of a court’s in the Milwaukee Journal time than the judge might be able to give you, Real Estate and Building Patrick E. Doyle you might want to discuss the appointment of Section featuring Charlotte a special master with all counsel and take it up and her new home declared: PO Box 1414 (Mailing Address) with the court. It is an authorized and accepted “Lady Builds a New Home.” Milwaukee, WI 53201-1414 way to deal effi ciently with complex cases. Charlotte admitted to the Retired Milwaukee Police Dept. reporter “that she prefers 414-610-6404 Cell to practice law but that in [email protected] accurateprocessservice.com any event ‘if I had no law 22 Spring 2013 Avoid an AUDIT of Your Firm and Business Partners!

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