Vol 20 No 2 HIGHLIGHTS Spring 2012 2 Jackson County Joint Treatment Court 8 Courts celebrate Law Day 4 Election brings 12 new judges 13 Muni judge takes on truancy 7 Seven longtime judges step down 18 New checklist to help with filing appeals eFiling gains momentum as Milwaukee County comes on board n April 2, Milwaukee County Circuit Court joined 17 2008 under Wis. Stats. § 801.17. Counties began to offer Oother Wisconsin counties now offering eFiling. The eFiling in certain case types (Small Claims, Civil and Milwaukee project includes civil, family and small claims Family) in 2009. Counties may ‘opt in’ to eFiling if the local cases. judges and clerk of circuit court implement the appropriate Now more than two months into the launch, Clerk of procedures. Over the next several years, the number of Circuit Court John Barrett is enthusiastic about the counties in which the circuit court offers eFiling is possibilities that eFiling offers: increased expected to grow. accessibility, convenience and security for eFiling is continually improved as more

a publication of the Wisconsin Judiciary a publication of the Wisconsin litigants, clerks and judges along with potential counties come online, said Jean Bousquet, savings to taxpayers in lower storage costs and Chief Information Officer for the state other related processing costs. court system. Upcoming software In ongoing efforts to publicize eFiling to updates will make eFiling easier for Milwaukee’s legal community, court staff and attorneys. Barrett is spreading the word For example, clerk of through presentations at law circuit court staff can firms, an article in a legal choose where to place file magazine, signage in the courthouse and stamps on the filed documents, press releases. The Clerk’s Office also conducted a and attorneys will have the ability to notarize presentation on May 15 for 168 attorneys, legal staff and documents and select multiple documents to upload at office managers, law students, paralegals and other interested the same time, Bousquet said. parties at Marquette University Law School. A webcast of Some of the improvements were made as a result of the presentation can be viewed online at: http://law- lessons learned as Milwaukee County initiated eFiling. media.marquette.edu/Mediasite/Play/e2902ef9e23f4a229bfcd “All in all, it is going very well from our perspective,” b4a75bbac441d. Bousquet said. “John (Barrett) and his staff are very “As we expected, the use is increasing day by day,” Barrett supportive and work through issues with us. They have said. “We hope more lawyers and self-represented litigants brought a lot of new good ideas to the table. We, in turn, are will look to electronic filing as an easy, convenient and programming a new release of eFiling and making changes secure way of addressing the community’s legal needs with to case management to address these items.” n the court system.” Wisconsin’s eFiling system was developed by the Additional information about eFiling, including an online Consolidated Court Automation Programs (CCAP) after the demonstration, can be found on the court system’s website at Wisconsin Supreme Court approved statutory guidelines in www.wicourts.gov/ecourts/efilecircuit.htm. Supreme Court appoints Dane County wins new law librarian $50,000 grant he Wisconsin Supreme Court has he Dane County Clerk of Circuit Courts Office Tappointed Julie Tessmer to serve as Treceived formal notification this spring that it Wisconsin State Law Librarian. Tessmer has has been selected for a $50,000 grant from the worked at the library since 1982. State Justice Institute. The grant will pay for a Tessmer succeeds Jane Colwin, who project that will help the office to determine how retired in June 2011. Since that time, best to allocate existing Tessmer has held the position on an interim staff and introduce new basis. efficiencies into Tessmer’s extensive professional caseload and workflow experiences include serving as law library processing. Details are still being

The Third Branch consultant in Nigeria and Serbia for the National Center for State Courts. She also worked out, but Clerk has chaired and served on a number of of Circuit Court Carlo Julie Tessmer committees for the Law Librarians Esqueda said the office Association of Wisconsin and the American Association of Law will be partnering with Librarians. the National Center for A member of the United States Navy - Reserves Component, State Courts to perform Tessmer served in Iraq in 2009-10, and is certified as Legalman the study. n Carlo Esqueda www.wicourts.gov through the Naval Justice School. n 2

Spring Director’s column: 2012 New statewide CJCC will value local input

THE THIRD BRANCH By A. John Voelker, Director of State Courts n the last edition of The Third Branch, I wrote about Council and giving us the opportunity to experience the Ieffective criminal justice innovations, concluding as benefits of cooperation at the state level. Our ability to follows: “As we learn more about what works best, we will create a statewide CJCC that is effective is critical because spread the word so courts throughout the state may take there may not be a second chance. Any future effort is advantage of what’s been learned doomed to face critics who argue, “We tried that but it without having to start from didn’t work.” We know it can work; local leaders have scratch.” proven it and have given us the road map for success. Like most things, this is easier said I am a member of the new CJCC, and I know from than done. Learning what works discussions at the initial meeting that local input will be best, communicating it effectively, important and valued. When presented with the opportunity and accomplishing systemic changes to communicate, please take advantage of it. Let us know can be challenging. A primary what has worked in your community, and what can be done reason for this difficulty is that the at the state level to reduce obstacles for change at the local criminal justice system is complex. level. Subcommittees will be established to review certain It includes many interests and issues and will include non-council members, so consider independent agencies that need to volunteering to serve. work together to be effective. The statewide CJCC is new, but we know that the issues it A. John Voelker Creating an environment in which will tackle are entrenched. More than 40 years ago, a final these independent organizations cooperate takes time, but report of the National Commission on the Causes and can result in big dividends. This has been effectively Prevention of Violence, To Establish Justice, to Insure demonstrated by several county criminal justice Domestic Tranquility was published. It noted the following: coordinating councils (CJCC) around the state. In reviewing the operation of Wisconsin CJCCs, the National Center for “This pattern (of increasing crime and violence) State Courts identified six principles that make them suggests the existence of substantial built-in obstacles effective. A CJCC must: to change. The pervasive fragmentation of police, l Identify needs and desires court, and correctional agencies suggests that some l Include the right people catalyst is needed to bring them together. An l Be an independent structure authorized to make assumption that parallel and overlapping public decisions agencies will cooperate efficiently can no longer l Have members willing to collaborate suffice as a substitute for deliberate action to make it l Rely on data and be focused on outcomes happen in real life.” l Have funding to support the work of the CJCC The Governor signed Executive Order 65 on April 9, Let’s use the new CJCC as the catalyst to make positive creating the statewide Criminal Justice Coordinating changes in the criminal justice system. n Making progress on effective justice strategies By Shelly L. Fox, Special Projects Manager, Office of Court Operations 012 is proving to be a banner year for building effective Courts website at the following address: 2justice strategies in Wisconsin. Both inside and outside www.wicourts.gov/courts/programs/docs/ejsreport.pdf. of the court system, progress is occurring on a number of fronts. Here are a few highlights of current efforts. Statewide CJCC gets to work On April 9, Gov. Scott Walker signed Executive Order #63 NCSC report released statewide in Eau Claire, formally creating a statewide Criminal Justice The National Center for State Courts report, Effective Coordinating Council (CJCC). The group has already met Justice Strategies in Wisconsin: An Overview, was unveiled several times and has established four standing to a statewide audience in late April. The report is the result subcommittees on the following topics: Data, Benchmarks, of a joint project of the National Center for State Courts, the Public Outreach and Alternatives to Incarceration. Effective Justice Strategies Subcommittee of the Supreme The new council is a first for Wisconsin and will assist the Court’s Policy and Planning Advisory Committee (PPAC), Governor by directing, collaborating with, and coordinating and the State Justice Institute. the services of state and local governmental agencies and Director of State Courts A. John Voelker prepared a non‐governmental entities in the criminal justice system. As webcast announcing the publication of the report as well as noted in Executive Order # 63, the Council will conduct the formation of the first statewide Criminal Justice planning, research, and evaluation activities regarding the Coordinating Council. The release to judges was followed Wisconsin criminal justice system with the goal of by a series of statewide press releases in early May. A improving the criminal justice system’s policies, operations number of judges served as media contacts to explain and outcomes. Wisconsin’s effective justice strategies (EJS) efforts. The Creation of a statewide CJCC was one of the primary report may be viewed electronically on the Wisconsin see EJS on page 13 3

Spring Jackson County Joint Treatment Court 2012

celebrates six months THE THIRD BRANCH By Judy Luttio, Treatment Court Coordinator, Jackson County Circuit Court une marks the six-month anniversary of a successful Jexperiment in Black River Falls: a treatment court The nuts and bolts of collaboration attached to both the Jackson County Circuit Court and the The Joint Treatment Court is overseen by a team that Ho-Chunk Nation Tribal Court. The Joint Treatment Court includes representatives from both systems. The entire team currently has 19 active members – three of whom are weighs in on each case, but when individual decisions need members of the Ho Chunk tribe. All were convicted of to be made, the individual court where the case originated crimes in the circuit court and given the option to participate makes those decisions. in the Joint Treatment Court. Like other treatment courts across the state, the court is The court was launched on December 28, 2011, when Ho- helping participants to stay sober, achieve reunification with Chunk Nation Interim Chief Judge Amanda Rockman and their children, find opportunities for education and seek Jackson County Circuit Court Judge Thomas E. Lister employment. But beyond the accomplishments in individual presided over the first dual session of the Jackson County cases is the bigger achievement: helping the state judicial Treatment Court and the Healing to Wellness Court system to serve a greater number of offenders while (HTWC). This was an historic day for Jackson County, the extending the Ho Chunk Nation’s sovereignty by offering Healing to Wellness Court and the state of Wisconsin. additional services to its members while providing better The Jackson County Treatment Court has been in solutions to longstanding problems. existence since 2008, and the HTWC began development in The collaboration of the courts addresses the needs of April 2011. The two courts began working together last see Treatment court on page 15 summer. Supreme Court approves new ex parte communication rule n May 22, the Wisconsin OSupreme Court issued an order unanimously adopting a proposed change to the Code of Judicial Conduct to acknowledge the active role of the trial court judge in problem-solving courts program – also called therapeutic or treatment court programs – and to clarify that the judge may take part in meetings and other exchanges of information as part of his/her work on the court without running afoul of the prohibition on ex parte communications. Members of the Wisconsin Supreme Court meet with Supreme Court Commissioner Julie Rich The new language follows to discuss a proposed change to the Code of Judicial Conduct that recognizes the more interactive role of treatment court judges. the American Bar Association national model and reads as follows: Wisconsin counties, targeting a broad range of problems related to mental health, drugs, drunk driving, veterans’ 60.04 (1) (g) 6. A judge may initiate, permit, engage in issues and more. or consider ex parte communications knowingly The court took action after hearing from three of waived by a participant when the judge is assigned to Wisconsin’s experts on therapeutic courts, Judges Kathryn a therapeutic, treatment or problem solving docket in W. Foster, Waukesha County Circuit Court, Elliott M which the judge must assume a more interactive role Levine, La Crosse County Circuit Court, and Lisa K. Stark, with participants, treatment providers, probation Eau Claire County Circuit Court. officers, social workers, prosecutors, defense counsel, In response to a question from Justice David T. Prosser Jr. and others. about other types of treatment courts that might be on the horizon, Levine told the court that the next few years will The rule change will have a broad impact given the likely see expansion of mentor programs, which are already growth of these courts over the last few years. There are frequently offered as part of veteran court programs and are currently 51 problem-solving court programs operating in 40 showing promise in connection to other court programs. n 4

Spring Wisconsin welcomes 13 new judges 2012 Three incumbents lose their seats in April election THE THIRD BRANCH he April 3 election featured contested circuit court races Tin 10 counties, with multiple seats in play in Brown, Hock selected to replace Milwaukee and Racine counties. Three recently appointed Bischel judges lost their races (in Dane, Milwaukee and Racine Assistant U.S. Atty. Tammy Jo counties) while a number of other new appointees were Hock was sworn in on May 18 as elected without opposition. In Brown County’s new Branch 3 addition, Gov. Scott Walker judge. She was appointed to appointed a new judge in Green replace Judge Sue E. Bischel, Bay a month after the election. who retired in February after Here is the rundown. nearly 20 years on the bench.

Prior to becoming a federal Calumet County Circuit Court prosecutor, Hock spent six years Judge Jeffrey S. Froehlich beat as an assistant Brown County Atty. Wayne Fulleylove-Krause by district attorney. She began her a wide margin. Froehlich was law career in private practice in appointed last October to succeed Green Bay. Judge Tammy Jo Hock Judge Donald A. Poppy. A DePere native, Hock earned

her bachelor’s degree from Marquette University and her Dane County Circuit Court, Judge-elect Ellen K. Berz law degree from the UW Law School. She and her Branch 11 husband, Ben, have three children. Assistant State Public Defender

Ellen K. Berz beat Judge Roger A. Atty. Hannah Dugan. The two were running to succeed

Allen, whom Gov. Scott Walker Judge Elsa C. Lamelas. appointed last December to

succeed Judge Daniel R. Moeser. Oneida County Circuit Court, Branch 2

In late May, Walker appointed District Atty. Michael H. Bloom, who finished second in

Berz to the seat so she could begin the primary, beat Atty. John F.

work prior to August 1. O’Melia (brother of Oneida

County’s other circuit court

Kenosha County Circuit Court, judge, Patrick F. O’Melia). This

Branch 2 election was to fill a vacancy

Judge Jason A. Rossell beat Atty. created by Judge Mark A. Judge-elect Carolina Ed Antaramian. Walker appointed Mangerson’s appointment to the Stark Rossell last November to succeed Court of Appeals. Following the

Judge Barbara A. Kluka. election, Gov. Scott Walker

appointed Bloom, allowing him

Manitowoc County Circuit to take the bench prior to Aug. 1. Court, Branch 2

Judge Gary L. Bendix, appointed Portage County Circuit Court,

in October to replace Judge Darryl Branch 1 Judge-elect Thomas B.

W. Deets, won his race against District Atty. Thomas B. Eagon Eagon

Assistant District Atty. Robert beat Corporation Counsel Mike

Dewane. McKenna in the race to succeed

Judge Frederic W. Fleishauer. Menominee-Shawano County

Circuit Court, Branch 2 Racine County Circuit Court

Judge William F. Kussel Jr., Branch 5: Incumbent Judge Judge-elect Lindsey C. appointed last fall to replace Judge Grady Michael E. Nieskes lost his seat.

Thomas G. Grover, defeated Nieskes had been Racine County

challenger David Winter, a district attorney for six years

municipal court judge. when Gov. Scott Walker

appointed him to fill the vacancy

Milwaukee County Circuit created by the death of Judge

Court Dennis Barry. He lost the seat to Judge-elect Michael J. Branch 17: Administrative Law Atty. Michael J. Piontek, a private Piontek Judge Carolina Stark beat Judge practitioner.

Nelson W. Phillips III, whom Gov. Branch 10: In a very close race to replace Judge Richard

Walker appointed last year to J. Kreul, who is retiring at the end of his term (see separate

succeed Judge Francis T. story, page 11), Atty. Timothy D. Boyle beat Municipal

Wasielewski. Judge Mark F. Nielsen. About 60 votes separated the two

Branch 23: Deputy Register in candidates and a recount was conducted that slightly

Probate Lindsey C. Grady beat Judge-elect Michael H. see New judges on page 22 Bloom Appeals. Healso isamemberofthe appointment tothe Courtof judge fornearly 25 yearspriortohis was anOneidaCountyCircuitCourt Third Branch retired lastSeptember( Judge EdwardR.Brunner, who by Gov. Scott Walker tosucceed respectively. District IIIandIV, to seatsontheCourtof Appeals elected withoutoppositionin April J without opposition Appeals judges elected Two of newCourt Eight newjudges electedwithoutopposition the Wisconsin Courtof Appeals, DistrictII). Judge MarkD.Gundrum,whoreplacedDanielP. Anderson on Judge JenniferR.Dorow(appointed2011, elected2012;replaces Waukesha CountyCircuit Court,Branch2 Kennedy) Judge-elect Phillip A. Koss(electedtoreplaceJudgeRobertJ. Walworth CountyCircuit Court,Branch1 Judge Harold V. Froehlich) Judge GregoryB.GillJr. (appointed2011, elected2012;replaces Outagamie CountyCircuit Court, Branch4 replace Judge Thomas R.Cooper) Judge-elect Mark A. Sanders(electedto Branch 28 Milwaukee CountyCircuit Court, Benjamin D.Proctor) elected 2012;replacesChiefJudge Judge JonM. Theisen (appointed2011, Branch 4 Eau Claire CountyCircuit Court, Fiedler) elected 2012;replacesJudgePatrickJ. Judge FrankD.Remington(appointed2011, Dane CountyCircuit Court,Branch8 Judge J.D.McKay) (appointed 2011, elected2012;replaces Branch 6 Warpinski) (elected toreplaceJudgeMark A. Branch 2 Brown CountyCircuit Court elections. Here’s therundown: Gov. Scott Walker alsoenjoyeduncontested April. Fiveothersrecentlyappointedby Walworth countiesfacednooppositionin T Mangerson initiallywasappointed Atty. JoanneF. Kloppenburg were udge Mark A. Mangersonand seats inBrown,Milwaukeeand hree judgecandidatesrunningforopen : JudgeJohnP. Zakowski : Judge-elect Thomas J. Walsh , fall2011). see Mangerson The Mangerson Judge Mark A. n Judge JonM.Theisen Walsh Judge-elect ThomasJ. winter 2012 Appeals ( after 18yearsontheCourtof Margaret J. Vergeront, whoretired unopposed tosucceedJudge year afterthatrace,sheran T. ProsserJr. in April 2011. One unsuccessfully againstJusticeDavid assistant attorneygeneralwhoran on theJudicialCommission. Judicial Conference,andhasserved Committee ofthe Wisconsin Judicial CouncilandtheExecutive Kloppenburg isalongtime Photo credit: Dan Reiland, Eau Claire Leader-Telegram Judge JohnP. Zakowski Judge-elect Phillip A. Koss Sanders Judge-elect Mark A. see ). The Third Branch The Third n , Judge FrankD. Remington Judge GregoryB.Gill Judge JenniferR.Dorow Kloppenburg Judge-elect Joanne F.

THE THIRD BRANCH 2012 Spring 5 6

Spring LEADERSHIP 2012 Municipal judge takes on truancy THE THIRD BRANCH our years ago, Madison Municipal Court Judge Daniel P. case in the traditional model, but the broader group of adults FKoval had an idea for a court that would target kids who who may be involved in the teen’s life. were habitually truant. It started small, at Madison West “Besides the school district truancy support staff member High School, and now has expanded to all four Madison (Alison Brown) and me, there are a number of people who high schools. To date, more than 350 students have gone may participate in the court sessions,” Koval said. “They through the school-based court, and the program appears to include principals, teachers, school social workers, school be working: Of the kids who participated in the 2009-10 nurses, school psychologists, school counselors, any school year, 92 percent have stayed in school. outside-agency staff persons who are dealing with the kids This spring, Koval’s efforts were honored with an on other legal issues, and of course the student and his/her Outstanding Service Award from the Dane County Juvenile parent or guardian.” Court. The recognition acknowledged Koval’s uniquely Koval arrays the participants around a conference table effective approach in the truancy court. He brings together not just the student and the parent and principal, as is the see Leadership on page 13 STOP Grant work includes new ‘bench cards’ and training sessions By Shelly L. Fox, Special Projects Manager, Office of Court Operations n collaboration with service providers and the larger Court, and Atty. Tess Meuer, legal director for the Wisconsin Icommunity, Wisconsin’s STOP Violence Against Women Coalition Against Domestic Violence, will present a session Advisory Committee has made great strides in the last 12 entitled “Restraining Orders: Improving Victim Safety and months toward identifying and promoting best practices to Court Effectiveness” at judicial district training sessions this enhance victim and public safety and increase offender fall. The sessions are designed to include judges as well as responsibility in cases involving domestic violence, sexual staff from the clerks of court offices, and will cover issues assault and stalking. such as domestic violence dynamics specific to the restraining order process, maintaining safety in the Strategic planning courtroom, federal firearm and full faith and credit laws for Under the leadership of the committee chair, Chief Judge restraining orders, and more. Jeffrey A. Kremers, Milwaukee County Circuit Court, the STOP Advisory Committee engaged in strategic planning Training clerks of court last year, identifying the following four strategic areas of The STOP Advisory Committee partnered with the focus for the 2011-14 funding cycle: Wisconsin Coalition Against Sexual Assault to present a l Protective orders series of training sessions on sexual assault issues at the l Courtroom trends and issues (with a focus on 2012 Clerks of Court Institute and the Clerks of Court Staff courthouse safety) Regional Specialty Seminars held this spring. Eighty-seven l Bond, sentencing and probation percent of participants rated the quality of the training l Firearms restriction, surrender & return in cases provided as ‘4’ or ‘5’ on a 1-5 scale. Participant comments involving domestic violence and/or sexual assault. included the following: “Informative. Made me think about The STOP Advisory Committee will focus its efforts on it from another angle”; “Reminder that I should never achieving specified objectives within each strategic area of assume how people react and to treat everyone with focus to ensure that STOP grant funding is applied in an sensitivity.” effective, coordinated manner that achieves successful outcomes for the court system in these areas. National training opportunities One of the primary areas of focus for the STOP Advisory New DV bench tools Committee is providing effective, high-quality training for Chaired by Judge Ellen R. Brostrom, Milwaukee County judges and court commissioners on issues related to Circuit Court, the Domestic Violence Bench Tools domestic violence, sexual assault and stalking. Over the past Subcommittee is working to develop a set of educational eight years, the STOP Advisory Committee has sent more materials for judges that can be used in domestic violence than 100 judges and court commissioners to training trial work. The subcommittee has drafted a series of 12-15 sessions (primarily sponsored by the National Judicial ‘bench cards’ on topics such as protective orders, Crawford Institute on Domestic Violence) on these important issues. evidentiary issues, issues specific to elder and teen dating The STOP Advisory Committee offers scholarships that abuse, and more. The group will work throughout the fully cover the travel costs for judges and court summer to finalize the materials and develop a distribution commissioners to attend these trainings, including reserve plan. Subcommittee members are working with the Office judge coverage. Those interested in attending one of these of Judicial Education to prepare suggested editorial changes national training seminars are asked to contact their district for the current Benchbooks on issues related to domestic court administrator. n violence and sexual assault. Questions and ideas may be directed to Shelly Fox, special 2012 judicial district trainings projects manager, Office of Court Operations, (608) 261- Judge Marshall B. Murray, Milwaukee County Circuit 0684, or [email protected]. on theDaneCountyCircuitCourtinMay. profile JudgeSarahB.O’Brien,whowrappedupherservice Warpinski andJamesE. Welker. Inthenextissue,we’ll Kennedy, RichardJ.Kreul,ElsaC.Lamelas,Mark A. we profilesixofthem:JudgesGlennH.Hartley, RobertJ. live with:regular andsometimesuncomfortable contact what many Wisconsin judgesinsparselypopulatedareas (Lincoln County’s populationis30,000),hehasexperienced of thecommunity. As oneoftwojudges inasmallcounty being aslavetothecalendar,” hesaid. mind onwhatIwanttodothisafternoon, Icandoitwithout day whenhecansethisownschedule. staff, policeofficers andlawyers—helooksforwardtothe he interactedwitheverydayinthecourthouse—including o’clock atnightwaitingforajurytocomeback.” excitement and“adrenalinewhenyou’resittinghereat10 those triedinhiscourt. Adding tothosefactorswasthe and byhisdrivetoalwaysmakethefairestdecisionsfor courtroom totellhimhowhehadhelpedimprovetheirlife by thosewhoapproachedhimonthestreetsoutsidehis sentenced himtolifewithoutthepossibilityofrelease. week. Intheend,manwasconvictedandHartley brought a“hard-fought”jurytrialthatlastedcloseto he wouldreceivefromherlifeinsurancepolicy. That case young sonaccusedofmurderinghismotherforthemoney last year, whenHartleypresidedinhomicideinvolvinga I wastheguymakingobjections.” of hiscareer, herecallsthinking“thiswasaloteasierwhen in vividdetail. As heworkedhiswaythroughthefirstcase Governor isexpectedtoappointareplacement. Lincoln Countyjudge. The in Juneafternearly13yearsasa through 2017;heissteppingdown got,” henoted. what youcaninthetimeyou’ve you learnwhatcananddo he decidedtorunagainin2011. plenty. two termsonthebenchwouldbe on insurancelitigation,hethought private practice,wherehefocused short stay. After a25-yearcareerin Lincoln Countybenchin1999,hewasplanningarather By IanMcCue,CourtInformationIntern Lincoln CountyCircuitCourt Judge GlennH.Hartley J Seven longtimejudgesstepdown Hartley alsolooksforwardtobeing justanothermember “For thefirsttimein13years,if Iwanttochangemy While Hartleywillmissspendingtimewiththosepeople Despite suchdifficult cases,thejudgeremainedmotivated Among themorememorablecasesofhiscareercamelate Hartley stillremembershisfirst-everdecisionasajudge Hartley’s currenttermruns “I kindoflivebythemottothat But aftercompletingtwoterms, When JudgeGlennH.Hartleyfirstranforaspotonthe RETIREMENTS longtime circuitcourtjudgessteppingdown.Inthisissue, udicial retirementscontinuedapacethisspringwithseven Judge GlennH.Hartley said. “That’s averygoodthing.” somebody’s gottosaycompletelybeforeyoureact,”he – somethingheadmitslackedasapracticinglawyer. through thechallengesofnewpursuits. That skillispatience he saidoneimportantwillstickwithhimandhelp Madison, willalsobemorefrequent. to visithisdaughterandgrandson,wholivejustsouthof Oregon tovisithisson,whoiscurrentlyinlawschool. Trips Hartley andhiswife,Barb,areplanningonheadingto summer. extended triptothe West Coastpossibly assoonnext house andonhismotorcycle–whichheplanstotakean enjoying moretimeoutdoorsonthelakeadjacenttohis Courthouse forthefinaltimeasajudge,Hartleyplanson helpful tounderstandingthefactsofcase. places thatplayaroleinthecasesbeforehimissometimes Hartley hasfoundthathisfamiliaritywithmanyofthe more challenging,asmallcommunityalsohasitsbenefits. and knowwheretheyworktheirfamily.” small community, yougenerallyknowwhoeverybodyis Hartley said.“You maybeweren’t bestfriends,butina with manyofthepeoplewhoappearincourt. training program, andlaterthatyear Walworth County Judge DavidM. ReddytraveledtoMichiganattend a and Walworth CountyCircuitCourt county. In August 2011, Kennedy Court hehelpeddevelopinthe remembered fortheOWI Treatment brilliant legalworkonbothsides. may bethemostmemorabledueto where a$35millionverdictwaswon, case resultingfromaninjuryatbirth, over duringthelast24years,acivil memorable caseshehaspresided judges toworkfarmoreefficiently. said hassavedtimeandallowed courthouse overtheyears,whichhe technology systemsthathavebeenintroducedinthe Koss, whowaselectedwithoutoppositionin April. Kennedy willbe Walworth CountyDistrict Atty. Phillip A. the courtstaff andotherclosecolleagues. Succeeding bar association.Hesaidhewouldmissthecamaraderieof Walworth Countyjudges,aswellthestaff andthelocal July, saidithasbeenapleasuretowork withhisfellow during histimeonthebench–“asfarasIknow.” said heisproudofthefactthatmadenoseriousenemies Walworth CountyCircuitCourt Judge RobertJ.Kennedy “I thinkthejobmakesyoubepatientandtolistenwhat Among theskillsHartleyhashonedinhisjudicialcareer, This summerwillbebookedwithfamilyactivities. Once hedoesexitthedoorsofLincolnCounty And whilethesecommunitytiessometimesmakehisjob “You oftenknewthepeoplethatcameinfrontofyou,” But Kennedymaybebest Kennedy saidamongthemany He hasalsoappreciatedthecutting-edgeinformation Kennedy, whowillretireattheendof hiscurrenttermin Walworth CountyCircuitCourtJudgeRobertJ.Kennedy see Retirements Judge RobertJ.Kennedy on page 11

THE THIRD BRANCH 2012 Spring 7 8

Spring 2012 Courts across Wisconsin celebrate Law Day Chief Justice Shirley S. Abrahamson, the Dane

THE THIRD BRANCH County judges, court staff and Bar Association offered a host of concurrent programs that ran for 90 minutes on five floors of the courthouse. The Legal Resource Center arranged free consultations with local lawyers (in both English and Spanish) while Court In Bayfield County, Judge John P. Anderson worked with his staff and of Appeals the local bar association to host a Law Day mock trial, followed by a cookout lunch. Here, Anderson gives participants (members of the Judge Brian local Teen Court) tips on how to conduct themselves in court. A. Blanchard and Dane n May 1, courts across Wisconsin celebrated Law Day County Circuit Oby inviting schoolchildren and other members of the Court Judge Amy community into the courthouse for a variety of activities. A R. Smith gave a number of lawyers and judges also visited local schools. presentation on The 2012 Law Day theme, as set by the American Bar court process and Association, was “No Courts, No Justice, No Freedom.” In Justice Patience Drake Roggensack Court Reporter Ann explains the Supreme Court’s decision- Wisconsin, celebrations invoking that theme took very Albert – along with making process to a packed Hearing different forms. For example: Dane County Room in a post-Law-Day presentation. In Bayfield County, a mock trial included more than 80 Sheriff’s Deputy students from Drummond, South Shore and Washburn high Jim Brigham – spoke on courtroom technology and security. schools. The jury was selected from the student body. Meanwhile, Court Commissioner Janson Hanson and Members of the Juvenile Court Administrator Bayfield County John Bauman talked about Teen Court, with juvenile court programs and help from the Court Commissioner Daniel district attorney and Floeter gave information on public defender, family, small claims and took on the roles of probate. prosecutor, law At the state Capitol, Justice enforcement, Patience Drake Roggensack defendant and met with about 60 fifth-grade defense counsel. students from West Bend who In Dane County, traveled to Madison a few days after a welcome Photo credit: David Rihn after Law Day to learn about ceremony with Official Court Reporter Ann Albert, who works in Branch 15 of the Dane the Supreme Court. County Circuit Court, demonstrates real-time court reporting technology Chief Judge Roggensack conducted an for a Law Day tour group. William Foust and interactive decision-making exercise with the children, and answered many questions about her job and the operation of the court. In Jefferson County, Judge William F. Hue and Clerk of Circuit Court Carla Robinson worked with the Jefferson County Law Day Committee to organize and host two events for students. This year, the events included a ‘shadow day’ with a mock trial for eighth graders as well as a ‘Three Little Pigs’ mock trial for nearly 400 fourth graders. In addition to participating in the mock trial, the fourth graders toured the jail, took part in hands-on demonstrations with the Jefferson County Sheriff’s Department and the Department of Natural Jefferson County Circuit Court Judges William F. Hue and Randy R. Resources, and had time to ask questions of the Koschnick answer questions from fourth grade students at a Law Day judges. event that included a mock trial, a jail tour and demonstrations from the Sheriff’s Department. see Law Day on page 9 9

Law day continued from page 8 Spring 2012 booths were Merrill Municipal Court Judge Merle Sheridan

and Clerk Rita Poyer, and Clerk of Circuit Court Cindy THE THIRD BRANCH Kimmons with Deputy Clerk Diana Petruzates. In Manitowoc County, Judge Patrick L. Willis presided over eight mock trials during three days – a Law Day tradition he began in 2000. A total of nearly 1,000 local second graders rotated through the courtroom to take part in State of Wisconsin v. The Jefferson County Circuit Court Judge Jennifer L. Weston Big Bad Wolf. This year, the shares the bench with an eighth grader during a mock trial program celebrated an that was organized as part of a job-shadow day. important milestone: 10,000 In Lincoln County, Prairie River Middle School in second graders participating Merrill hosted a over the past 12 years. Law Day event Local media provided that featured full coverage of the The Big Bad Wolf, played by R.J. Chief Justice event; Willis explained Skrepenski, sneezes on the witness stand in Shirley S. the goal of the program Manitowoc County Circuit Court while Abrahamson as in an interview with testifying that he did blow the straw house keynote speaker WBAY-TV: “We hope down, but did so unintentionally due to his and included a to give them a feel for allergy to straw. Court Reporter Diane Tesheneck unfurled her umbrella for long list of what a real trial is like, maximum dramatic effect. federal, state and the size of the local officials. courtroom I The event began think they’re in the Field impressed with House, where when they walk students learned in and they about the law and certainly have the courts by an visiting different understanding booths. The of what roles circuit court booth lawyers play, Judge Jay R. Tlusty, District Court featured Administrator Susan Byrnes and Chief Justice what roles Abrahamson and Shirley S. Abrahamson host a special Law Day juries play and Judge R. Jay information booth at a middle school in Merrill. I think it just Tlusty, along with Students stopping at the booth were able to try gives them a The Three Little Pigs (Dawn Steckmesser, Sue Koeppe Court Reporter a few of the video games available on iCivics, a good feel for and Cary Moyer) take offense when they are queried website launched by retired Justice Sandra Leslie Johnson, our court during voir dire on whether they ever eat ham or Day O’Connor in 2009 to promote law-related who worked with system.” He bacon. They participated, along with an exuberant Big learning. Tlusty and District added that the Bad Wolf, in a Law Day mock trial for second graders Court children are in front of Judge Patrick L. Willis, Manitowoc County Administrator Susan Byrnes to demonstrate court reporting generally split on Circuit Court. with a mini-mock trial. Staffing the other two court-related the guilt of the Big Bad Wolf. In Monroe County, a pre-Law-Day event helped teachers from Southside School in Sparta to bring their students’ reading lessons to life. Approximately 60 second- and third-graders along with three teachers visited with Judge Mark L. Goodman. Their visit tied into their reading selection. “We read a story in our reading book called ‘Cardigan Jones,’ which led us into studying our local government and the court system,” said teacher Court Reporter Leslie M. Johnson, Lincoln County Circuit Court, takes Deb MacCallum. She said the story introduced the a break from conducting demos for hundreds of middle school students during a Law Day fair in Merrill. see Law day on page 10 10

Spring Court safety conference offers insider’s view 2012 on security issues in Casey Anthony trial THE THIRD BRANCH By Shelly Cern, PPAC Policy Analyst ore than 120 people, including judges, law degree murder. These sessions provided conference Menforcement, clerks of court, tribal court judges and attendees with an overview of the strategies used to maintain administrators from the courts and various counties, security of the courthouse, court personnel, witnesses, participated in this year’s court defendants and jurors in this high-profile case that Time safety and security conference, Magazine dubbed “the social media trial of the century.” “Maintaining a Safe Courthouse in Stucker discussed specific challenges the trial posed to Uncertain Times,” in March. the Sheriff’s Department and shared lessons learned. The conference was held in Attendees learned about the amount of coordination and Appleton in partnership with Fox proactive thinking required to keep the public, court Valley Technical College’s Criminal employees, the media and others safe during the trial. Other Justice Center for Innovation and the well-attended sessions focused on the topics of perimeter Director of State Courts Office. security, extremist groups in a court setting, victim Chief Justice Shirley S. Abrahamson experience in the courthouse, and precursors to violence. kicked off the conference with Planning is already underway for the next conference opening remarks highlighting court scheduled for March 5-7, 2013 in Appleton. For security in Wisconsin. information on this year’s conference and details about the Major Ron Stucker Among the highlights were two 2013 conference visit the conference website: plenary sessions about handling high profile trials by Major www.fvtc.edu/CSS. n Ron Stucker of Orange County, Florida. Stucker, a 25-year veteran of the Orange County Sheriff’s Office, was involved Questions about PPAC and its subcommittees may be in the Caylee Anthony death investigation and in organizing addressed to Shelly Cern in the Office of Court Operations, courthouse security throughout the trial of Casey Anthony, (608) 266-8861 or [email protected]. Caylee’s mother, who ultimately was acquitted of first-

Law day continued from page 9 Photo Credit Pat Olbert Second- and third-grade students from Southside School in Sparta join Judge Mark L. Goodman on the bench during a pre- Law-Day tour of the Monroe County Courthouse. Each student was allowed to rap the judge’s gavel, which was a highlight of the visit.

students to the words “trial, jury, stand, guilty, honest, and convinced.” The tour also was used to enhance their social studies unit dealing with communities and using maps. During their tour, student sat in the jury box, at counsel tables and in the gallery. Several students were administered an oath and allowed to take the witness stand. Goodman explained his duties and answered many questions, and Court Reporter Jennifer Haltom demonstrated her shorthand machine. In Milwaukee County, Chief Justice Shirley S. Abrahamson joined District One Deputy Chief Judge Maxine A. White, Milwaukee Municipal Court Judge Derek C. Mosley and attorneys Mark Goldstein and Robert Ricigliano Chief Justice Shirley S. Abrahamson (center) meets with for a presentation to 125 students at Maple Dale School in Milwaukee Municipal Court Judge Derek C. Mosley and Fox Point. The fifth-grade students had been studying the District One Deputy Chief Judge Maxine A. White prior to a Law Day celebration with fifth- and sixth-grade students in U.S. Constitution and the three-branch system. n Fox Point. nation’s Civil War battlefields. longstanding interestinCivil War history byvisitingthe returning toprivatepractice.Healsoplanspursuehis the legalfield,whetherbyservingasareservejudgeor Instruction Committee. Convention. HehasservedasamemberoftheJuvenileJury for theIllinoisState SenateandtheIllinoisConstitutional previously workedinprivatepracticeandaslegalcounsel Timothy D.Boyle, who waselectedinaveryclose racethat year careerinprivate practice.Succeedinghimis Atty. retirement endsan18-yearjudicial careerprecededbya32- keep thesanity.” courthouse forthefamiliesinvolved. the adoptions,whereballoonsand cakearebroughtintothe man. said hestilloccasionallyreceiveslettersfromthatyoung other kidsindetentionsang“HappyBirthday”tohim.Kreul the detentionstaff saidwasveryunusual.Heallthe lonely, soonhisbirthdayhebroughthimacake,something juvenile securedetention.Kreulthoughtheseemedvery had turnedhislifearoundandaccomplishedagreatdeal. ran afollow-upstoryontheyoungmanyearslater, andhe of twobarpatrons.Kreulsaid from Milwaukeewasaccusedoftheexecution-stylemurder note. Kreulsaidheremembersonecasewhereayoungman for thatdecision,”Kreulsaid. not-so-happy encounterswhileonthebench. Richard J.Kreulhashadhisshareofjoyousmomentsand told the be asuccess. After justafewmonths,theprogramwasalreadyprovingto enrolled itsfirstfiveparticipantsinthetreatmentcourt. Racine CountyCircuitCourt Judge RichardJ.Kreul Judge RichardJ.Kreul In retirement,Kennedysaidhehopestokeephishandin Kennedy wasfirstelectedtoBranch1in1988.Hehad Kreul willstepdownattheend of histerminJuly. His “We laughincourtalot,”hesaid. “It’s theonlywayto The happiestmomentsforKreulhavebeenpresidingover Another youngmanwhocamebeforeKreulwassentto But notallofthedifficult caseshave endedonanegative “One partytothisdaystillhasatruevendettaagainstme Like alljudges,RacineCountyCircuitCourtJudge “Not asingleoneofourpeoplehasviolated,”Kennedy RETIREMENTS Janesville Gazette bitter. of thepartiesbeingleftvery written, about60pages,andone decisions Kreulsaidhehasever resulted inoneofthelongest abuse accusationswereraised.It very difficult trial,wherechild involved awealthycoupleand presiding inadivorcethat courthouse staff. Kruelwas parties aswellonthe impression itmadeononeofthe of thelength,intensityandlasting judicial careerstandsoutbecause in January. One casefromearlyinhis continued frompage 7 The JournalTimes (Racine) Judge ElsaC.Lamelas Probate LindseyC.Grady, whowonthe April election. Commission. Judges. Shewasalsoamember of theSentencing Committee andtheNationalConference ofState Trial degree fromtheUniversityofMichiganLawSchool. her bachelor’s degreefromDominicanCollegeandherlaw Equal EmploymentOpportunityCommission.Shereceived attorney forMilwaukeeCounty, andasanattorneyforthe U.S. attorney, assistantU.S.attorney, assistantdistrict 23 benchin1993.Shehadpreviouslyservedasadeputy court’s questionsordirections.” English tocommunicatewiththecourtorunderstand necessarily possessasufficient degreeofproficiencyin… the litigants,parties,orwitnesses–donot 2002. “Participantsincourtproceedings–whethertheybe July. Among herlegaciesisthe Wisconsin Court Interpreter impact onthecourtswillbefeltlongafterherretirementin Milwaukee CountyCircuitCourt Judge ElsaC.Lamelas Wisconsin. back intothepracticeoflaw, butnotnecessarilyin driving sportscars.”Hesaidheisalsoconsideringgetting into autocross,whichhedescribedas“controlledmayhem bucket listthatincludesrestoringaboatandgettingback for thetruth. respect. Inthespaceof50years,allthatisgone.” didn’t daretakeoff yoursuitjacket.Itwasasignofhigh conditioning inthecourtrooms,”herecalled.“Butyou personal conversationsduringproceedings. people arenowdressinginthecourtroomandcarryingon courtroom “standsoutlikeasorethumb,”hesaid,withhow respect thepublichasforlaw. The lackofrespectinthe led toarecount. Replacing LamelaswillbeMilwaukee DeputyRegisterin Lamelas alsohasservedontheJudicialEducation A nativeofCuba,LamelaswasappointedtotheBranch Milwaukee CountyCircuitCourtJudgeElsaC.Lamelas’ For retirement,Kreulsaidhehasdevelopedalengthy He saidhealsobelievesthereisagrowinglackofrespect “When Istartedpracticinglaw, wedidn’t haveair Over theyears,Kreulsaidhehasnoticedadecreasein of ethicsforcourtinterpretersin rules hearingtoestablishacode told theSupremeCourtduringa language ofthecourts,”Lamelas courts, [and]Englishisthe chaired from1999-2006. Wisconsin Courts,whichshe Interpreting and Translation inthe and theCommitteetoImprove through theefforts ofLamelas who donotspeakEnglish. to thejusticesystemforpeople Program, whichsafeguardsaccess “Language isthetoolof The programwasdeveloped see Retirements on page 12

THE THIRD BRANCH 2012 Spring 11 12

Spring RETIREMENTS continued from page 11 2012 Judge Mark A. Warpinski this little-known art, Welker belongs to several bookbinding organizations and travels abroad regularly for conventions. THE THIRD BRANCH Brown County Circuit Court “They’re usually bound in colored leather with onlays of What will Brown County Circuit Court Judge Mark A. leather that create designs, and it’s an art form just like Warpinski do upon retiring from the bench when his term painting or drawing or etching,” Welker explained. ends in July? That, Warpinski said, is A Rock County Circuit Court judge for 24 years, Welker “the $64,000 question.” But he is perhaps best known for handling Hobson v. State, a case admits being able to practice law that garnered much attention in the late 1990s. In the case, a with his son, Atty. Ted J. Warpinski, woman named Shonna Hobson was arrested for obstructing who practices law in Green Bay, after she refused to allow police to question her five-year- would be “something special.” old son about a stolen bicycle. She argued that Wisconsin Warpinski was first elected to the residents had a right to refuse an unlawful arrest, and bench in 2000. He said he is proud Welker agreed, dismissing the case. and humbled by the fact that the The Court of Appeals certified the case to the Wisconsin community has trusted him as both a Supreme Court, where the justices unanimously affirmed circuit court judge and a municipal Welker’s decision. It’s a decision he believes had the court judge in Green Bay. greatest impact of any in his career. “They must have thought I was Judge Mark A. Warpinski “No Wisconsin court had ever talked about the question of doing a good job,” he said, “because whether a person has the right to resist a clearly unlawful I always won re-election.” arrest,” Welker said. “That’s a case that will be important in Warpinski said one of the most difficult aspects of the job the development of Wisconsin law.” has been presiding over first-degree homicide cases and Welker, who was first elected in 1988, noted that one of seeing firsthand the impact on all the parties involved. He the most significant changes he has seen in his time on the recalls some especially brutal murders that have been tried bench is the tremendous increase in the number of pro se before him. litigants, that is, those who represent themselves in court. “After viewing all of the forensic evidence in the case, it’s Such cases where rare when he first started as judge, and it’s hard to imagine how people can do that to other people,” he a change that continues to challenge Welker and his said. colleagues across the state. A former associate dean of the Wisconsin Judicial He sees this change as a product of the increasing College, Warpinski has served on the Committee to Improve popularity of televised trials that focus on entertainment Interpretation and Translation in the Wisconsin Courts and rather than real-life court proceedings. as faculty at various judicial education seminars. He said “One of the problems was that there was this proliferation having the opportunity to participate in judicial education of television programs — Judge Judy, Judge Wapner — and has meant a lot to him – and sometimes has posed the what they do is nothing like what actually goes on in a difficult challenge of presenting material to an audience that courtroom,” Welker said. “So then they go to court and if may know more about the subject than the presenter. you advise them that they have the right to a lawyer and in Warpinski was recently elected vice president of the board fact maybe they should get a lawyer, they say, ‘No, why do of directors for the Jackie Nitschke Center for Drug and I need to do that?” Alcohol Rehabilitation in Green Bay, where he served as a As Welker prepares to leave the bench, he suggested that board member for the past 10 years. In 2003, the center his replacement (Court Commissioner Barbara W. McCrory, launched a treatment program that was designed with the who won election to the seat in help of Warpinski and fellow Brown County Circuit Court April) identify a sitting judge to Judge Sue E. Bischel. The program offered free alcohol serve as a role model and a treatment for offenders in the Huber facility, and was able to mentor, as he did when he was serve 460 Huber residents until January 2011, when the new (the Wisconsin court system center lost public funding. Warpinski has been working with regularly pairs new judges with the center and the Brown County Sheriff’s Department to experienced judges to learn the find funding to again be able to offer the program for free. ropes). Replacing Warpinski is Atty. Thomas J. Walsh, who was Though he will miss the elected without opposition in April. presence of those he interacted with every day — a list that Judge James E. Welker includes his office staff and colleagues on the bench — Rock County Circuit Court Judge James E. Welker By: Ian McCue, Court Information Intern Welker is already making While many retiring judges spend newfound time on the retirement plans that extend far beyond bookbinding. golf course or squeezing in extra time outdoors, Judge After enjoying the years he spent as a high school teacher James E. Welker has less conventional plans for retirement. before heading to the UW Law School, the seasoned judge As a “serious, non-professional art bookbinder,” the veteran is eyeing a return to education. Welker is currently talking to judge will dedicate much of his new free time to binding a nearby high school and exploring the idea of teaching a limited edition prints, a way he expresses a lifelong artistic class on the legal system that would last several weeks. talent. “I don’t plan to vegetate,” he said. “I plan to have an n With friends across the globe who share his passion for active life.” sessions areactualcourtproceedingseventhoughthey and adviseseachstudenttheparents/guardiansthat sessions reallyfocusonrestorativejusticepractices.” the charges,” Kovalsaid.“Sotheschool-based court absences soitisveryrarewhenastudentdecidestocontest much morethanthestatutorymandatedfiveunexcused Butthat’s unusual. parents/guardians andtheprosecutor. pretrial conferenceisscheduledwiththestudent,his unless thestudentpleadsnotguiltytocharge, andthena contributing tothetruancyissue,”Kovalsaid. help toalleviatesomeoftheproblems need tobeablefashioncourtordersthatwill the proceedinggivesmeinformationthatI schedules. problems withcertainclassesorclass issues, familyphysicalissuesand there aresubstanceabuseissues,mentalhealth attendance. Often,hesaid,itbecomesclearthat and whatcanbedonetohelpimprove about whatmightbecausingthetruancyissues and askseachtogivehiminformationideas Chief ofPoliceRich Van Boxtel. State PublicDefender Kelli Thompson; andOneidaNation secretary, stateDepartment ofHealthServices; Wisconsin Lutheran MedicalCenter, LaCrosse; DennisSmith, Severson, nutritionandhealtheducation atGunderson owner, RettlerCorporation,Stevens Point;PattiJo state Departmentof Workforce Development;RickRettler, Office ofJustice Assistance; Reggie Newson,secretary, Sheriff MatthewJoski;JohnMurray, executive director, Women’s Community, Inc.,of Wausau; Kewaunee County Council; JaneGrahamJennings,executivedirector, coordinator, MilwaukeeCountyCommunityJustice Portage CountyDistrict Atty. Thomas Eagon; JamesHiller, Children andFamilies;GreenBayPoliceChiefJim Arts; Allison; Eloise Anderson, secretary, stateDepartmentof include: BayfieldCounty Administrator Mark Ableles- Hamblin. Othermembers,besidesFoustand Voelker, Van HollenandDepartmentofCorrections SecretaryGary similar positiveresultsatthestatelevel.” demonstrated thevalueofcollaboration,andIexpect system,” Voelker said.“Thelocal CJCC’s have members inaneffort toimprovethe criminaljustice of State Courts A. John Voelker. C. William Foust,DaneCountyCircuitCourt,andDirector recidivism andmore. funding, alternativestoincarceration,reducingoffender responses toavarietyofcriminaljusticeissues,including helped toachieveefficiencies and coordinated policy legislatively orinsomeotherfashion. These groupshave other stateshavecollaboratingcommitteesorganized Justice Strategies in Wisconsin. As noted inthereport,20 recommendations fromtheNCSCreportonEffective EJS Koval arrivesateachschoolwithcourtfilesandhisrobe, “Most ofthekidswhoarecitedforhabitualtruancyhave Prosecutors generallychoosenottoparticipate The 18-memberCouncilischairedby Atty. GeneralJ.B. “I amlookingforwardtoworkingwithothercouncil The courtsarerepresentedontheCouncilbyChiefJudge LEADERSHIP “Having allthenecessarypartiespresentat continued frompage 2 continued frompage 6 Judge DanielP. Koval [email protected] directed toShelly Foxat(608)261-0684or Questions andrequests foradditional informationmaybe integrating the AIM datawiththeDOCCOMPAS initiative. future usesforthe AIM databaseandpossibilitiesfor information onoffender risksandneeds. Also discussedwere from theproject,includingimproved judicialaccessto Sergo andJaredHoy. Feldman ofCCAP, andDOCrepresentatives MaryKay with CCAP ChiefInformationOfficer JeanBousquet,Mary Milwaukee andPortagecounties)wereinattendance,along (Bayfield, Dane,EauClaire,Iowa,LaCrosse,Marathon, Representatives fromeachoftheeightoriginalpilotsites Lessons Learned” “AIM: LessonsLearned”meeting evaluating PSIreports. types ofCOMPAS informationaremosthelpfulin survey tothecircuitcourtjudgesseekinginputonwhat reports forcriminaloffenders. from theDOC’s COMPAS (riskand needsassessment) EJS Subcommittee. The newPSI reports willincludedata workgroup membersarejudgeswhoalsoserveonthePPAC information foroffenders priortosentencing. Several can usetomoreeffectively evaluate riskandneeds Work GrouptodevelopanewPSIreportformatthatjudges reconvened itsPre-SentenceInvestigation(PSI)Report DOC’s PSIReportworkgroup reconvenes so thereisnoovertimepayinvolved.” jobs,” Kovalsaid.“We holdthecourtduringschoolhours the program. careful managementmeansnoextrafundsareneededtorun of theschoolyear, additionalsessionsareadded–but rooms ateachschoolduringhours. Toward theend and regular-education students. Courtisheldinconference races, equallysplitbetweenthegendersandbothspecial- The groupdiscussedthebenefitsthatcountiesgained In lateMarch,theEJSSubcommitteesponsoredan In earlyMay, theworkgroupdisseminated anelectronic In April, the Wisconsin DepartmentofCorrections(DOC) “The staff fromtheschoolsandIdo thisaspartofour The teensservedbytheprogramareamixedgroup:all from aneedformentalhealthcounselingtoan the schoolyear. Newissuescanrunthegamut circumstances thatmayariseoverthecourseof existing orderstodealwithnewissuesor their progress.” students throughouttheschoolyeartomonitor said, “andthenIdofollow-upsessionswiththe last betweenahalfhourandanhour,” Koval substantial amountofthejudge’s time. held inthehighschool.Eachteengetsa support fromtheschooldistrict. altered classschedule. All ofthisrequires Koval oftenissuesnewordersormodifies “The initialappearancewiththestudentcan wrap-up meetinginMadison. . n “AIM: n

THE THIRD BRANCH 2012 Spring 13 14

Spring Dunn County creates a road map for serving 2012 offenders with co-occurring disorders THE THIRD BRANCH By Shelly L. Fox, Special Projects Manager, Office of Court Operations ffenders with co-occurring mental health and substance 3) Invite local employers to attend the monthly CJCC Oabuse disorders are a familiar presence in Wisconsin meetings, in order to create mutually beneficial courts. In many instances, they become a chronic source of networking opportunities; concern for law enforcement, the courts and local 4) Encourage community service sites to increase the communities. Dunn County decided to evaluate its practices number and complexity of current placement in dealing with this population – and has just released a opportunities, and also encourage additional community report that may hold valuable service agencies to offer placements for criminal justice lessons for all local courts that system participants; work with people who struggle 5) Develop a formal protocol for implementing the with addiction and mental health previous suggestions, as well as Supported Employment, issues. an evidence-based best practice that is focused on Dunn County Circuit Court helping individuals with mental illness (and co- Judge William C. Stewart Jr. occurring called the report “a road map” to disorders) to What the consultants did help the criminal justice system find and keep To evaluate how Dunn County more effectively serve offenders meaningful deals with offenders who have with co-occurring disorders. employment. mental health issues and substance Funded by a $50,000 grant from Stewart abuse problems, the consultants the State of Wisconsin Office of acknowledged that had to identify all the stakeholders Judge William C. Justice Assistance, the evaluation the evaluation and who interact with these individuals Stewart Jr. and report were prepared by two report are just the and size up their operations. This consultants who worked closely with the Dunn County first steps – but process included: Criminal Justice Collaboration Council (DCCJCC). The they represent l Conducting extensive on-site and project examined two primary areas of interest: 1) Evidence- important progress telephone interviews with based practices and co-occurring disorders protocols for the toward systemic treatment providers, community four main behavioral health providers in Dunn County; and improvements. agencies and various stakeholders; 2) employment issues for individuals with co-occurring The DCCJCC will l Visiting behavioral health disorders. now tackle service providers and community “We sought this grant based on our CJCC’s implementation of service agencies; acknowledgement that our criminal justice system has a the report’s l Observing Dunn County’s substantial number of offenders with co-occurring disorders, recommendations treatment-court dockets and team and that our current efforts are inadequate to properly serve by developing a meetings; these individuals,” Stewart said. “This leads to higher than mission statement l Administering three surveys for necessary costs, higher recidivism rates and decreased for the project, treatment providers to gauge staff community safety.” sharing the report attitudes and perceptions of The report begins by listing 22 evidence-based and best with all key evidence-based practices and practices that would, ideally, be instituted by any county- stakeholder groups treatment of clients with co- based service provider that works with individuals with co- and creating a occurring mental health and occurring disorders. The report then evaluates the services step-by-step substance abuse disorders; currently offered by each of the four Dunn County process for l Reviewing existing treatment behavioral health service providers, ultimately concluding moving forward. providers’ policies and procedures that 14 of the recommended 22 practices are currently “Significant for treatment of individuals with provided by the behavioral health service system in Dunn challenges co-occurring disorders; and County. The report recommends that the eight other remain,” Stewart l Designing and conducting a protocols be considered for implementation. said, “but we now workshop in February to help The report also provides several recommendations for have hope and a match employers with former enhancing and improving employment opportunities for viable plan for offenders who have valuable job Dunn County offenders with co-occurring disorders. moving forward in skills. n Evaluators had four suggestions for the DCCJCC on this our efforts to serve topic: these offenders 1) Continue and strengthen current efforts to educate and to promote greater community safety for the residents of and inform the local community regarding the benefits Dunn County.” n of providing employment opportunities for offenders, particularly those with co-occurring disorders; A copy of the report is available at the Dunn County CJCC’s 2) Continue and enhance current efforts to develop a website: www.cjcc.mydunncounty.org/files/2012/01/May-7- database, to be hosted on the DCCJCC website, to Final-Report-1.pdf match offenders with local employers. Treatment court Building thetribal component jobs. needs whileplacingpeopleinto well-paying careertrack benefitting abroadrangeofpeople byhelpingtofillworker desperately inneedofwelders. This isawin-winsituation program, theywillbehiredbylocal businessesthatare Joint Treatment Court.Uponsuccessfulcompletionofthe the eightstudentsinfirstclassareparticipants the CommunityCorrectionsEmploymentProgram.Sevenof River FallsHighSchool,the Western Technical Collegeand through collaborationwithlocalmanufacturers,theBlack Training InstitutehasbeencreatedinBlackRiverFalls community serviceorseekemployment. A Welding Skills A specialfocusonjobskills understanding oftraditionsandculture. more holisticapproachthatstrivestoprovideabetter events likesobrietypow-wows. The Nation’s programisa cultural activitiesthroughtheNative American churchor alcohol use. The HTWChopestoencourage participationin evaluate complianceandrandomchecksfordrug sessions, weeklymeetingswithtreatmentcourtstaff to both courtsundergo aseriesofcounseling andtreatment crimes theirabusehasledthemtocommit.Participantsin individuals astheydealwithalcoholanddrugabusethe the EastCoastandMidwest.Eachteamwasmadeupofa participating, eachwith10members. The teamscamefrom Mary Jane Whitmore, RacinePsychological Services,Inc. LicensedClinicalSocial Worker County CircuitCourt;and Officer Aloysius Nelson;JudgeGeraldP. Ptacek,Racine Sheriff’s Department;RacineCounty Veterans’ Services Martinez; InvestigatorJamesMuller, RacineCounty Services; RacineCounty Assistant District Atty. Maureen Jennifer Madore,KenoshaCountyDepartmentofHuman Mentor CoordinatorJasonLowman;ProgramEvaluator Assistant State PublicDefenderMargaret Johnson; Veterans Corrections Region2 Assistant ChiefBarbHanson; team included,inadditiontomyself,Departmentof (BJA) andtheNationalDrugCourtInstitute(NDCI). The training scholarshipfromtheBureauofJustice Assistance us todevelopaplanforourowncourt. underlying theveteranstreatmentcourt;secondwashelping First waseducationonthemajorconceptsandtheories nation’s firstveteranstreatmentcourtandhadtwofocuses. expected toserveKenosha,Racineand Walworth counties. next stepintheeffort todevelopaveteranstreatmentcourt T By Andrew Graubard,DistrictCourt Administrator veterans treatment court Second Districtcloser toestablishing The HTWCcurrently operatesthroughagrant.Its teamof Participants inthedualcourtarealsorequiredtoperform Our teamwasamongtendevelopmentteams The District Two teamwasabletoparticipatethanksa The intensive,five-daysessionwasheldonthesiteof session inBuffalo, NY, inMay, markinganimportant he SecondJudicialDistrictsentateamtotraining continued frompage 3 Veterans Treatment Courthasnotyetbeenset. implementation datefortheSecondJudicialDistrict’s further collaborationandimplementation. The justice partnersthroughouttheSecondJudicialDistrictfor organizing allthatwaslearnedtopresent tothecriminal meeting andcourtsession. sit inontheBuffalo Veterans Treatment Courtstaffing veterans courtfacilitator. Participantsalsohadachanceto planning itscourtwiththeassistanceofanexperienced out sessionsgaveeachteamanopportunitytoworkon court phasesandidentifyingthetarget population.Break- and courtdevelopmentconsiderationssuchasdefining psychopharmacology, combat-operationalstressreactions sessions focusedonteambuilding,addictionand with asessiondedicatedtodiscussingitsuniquerole.Other veterans’ serviceofficer, andveterans’ mentorcoordinator. community supervisor, lawenforcementofficer, evaluator, coordinator, prosecutor, publicdefender, treatmentprovider, multi-disciplinary groupwhichconsistedofajudge,court [email protected] Administrator Andrew M.Graubard at(262)636-3133or veterans treatment courtproject, contactDistrictCourt For more informationontheSecondJudicialDistrict traditions, cultureandcustomsof theNation. principles ofrestorativejusticethat takeintoaccountthe alcohol orotherdrugs. This programisbasedupon criminal offenders whoaretribalmembersandabuse providing alternativestoprosecution andincarcerationfor operation andfundingoftheHTWCtoassistjudiciaryin judiciary and/orthetreatmentteam. compliance andothermemberstobedeterminedbythe treatment providerstraditionalcourt,socialservices, the following:Legislature,probation,substanceabuse researcher, alawenforcementofficial, and representativesof defender/advocate, atreatmentteamcoordinator, a includes atribalcourtjudge,prosecutor, apublic authorization setsoutthetreatmentteammembership,which Act inMarch2012toauthorizetheHTWC. The sanctions. take offenders throughtheNation’s traditionalcourtand department isfullyoperational,thecourtshouldbeableto Nation’s entirejudicialsystem. When theNation’s police the HTWCistosoonhaveparticipantsgothrough training in Arizona togettheprogramstarted. The goalof enforcement staff andcourtofficials attendedaweek-long approximately 20members,includingsocialworkers,law Since returningto Wisconsin, thedevelopmentteamis The programwasstructuredtoprovideeachdiscipline The tribaljudiciaryprovidedfortheestablishment, The Ho-ChunkNation’s LegislatureamendeditsJudiciary . n n

THE THIRD BRANCH 2012 Spring 15 16

Spring WISCONSIN CONNECTS 2012 International judges elect Bradley to serve THE THIRD BRANCH as North American delegate he International Association of Women Judges (IAWJ), The organization also helps to encourage women to seek Ta non-profit organization with 4,000 members from 103 judgeships. IAWJ meets biennially, bringing together nations around the world, has elected Justice Ann Walsh women judges on every continent. The next meeting will be Bradley to its board held in Tanzania. of directors. Bradley was Bradley will elected to the represent the North Wisconsin American region, Supreme Court in which is comprised 1995 and re-elected of the U.S., Canada in 2005. Prior to and Mexico. joining the The election took Supreme Court, she place in London served for 10 years during the IAWJ in Marathon Biennial County Circuit International Court. Bradley has Conference. Joining been active in a Bradley on the number of national board of directors and international are judges organizations representing Africa, related to the Asia, the justice system. She Caribbean, Europe, is a member of the the Middle East, Board of Directors Latin America and of the International the South Pacific. Judicial Academy “The IAWJ does Justice Ann Walsh Bradley (center) meets with the board of directors of the and has served as a extraordinary work International Association of Women Judges in London. Front and center in the lecturer for both the photo are Judge Eusebia Nicholas Munuo of the Court of Appeals in Tanzania (that across the globe on Academy and the nation’s highest court) and Lady Brenda Hale, a justice of the Supreme Court of the a broad range of United Kingdom. American Bar issues related to Association’s Asia human rights and access to justice,” Bradley said. “I have Law Initiative. She is also an elected member of the been privileged to work with this group, and I am honored American Law Institute and serves on the Federal-State and delighted to have been selected for this leadership role.” Judicial Council. She formerly served as a commissioner The IAWJ trains judges around the world on issues related of the National Conference on Uniform Laws and as chair to domestic violence, human trafficking, property rights and of the Wisconsin Rhodes Scholarship Committee. n HIV/AIDS and other topics that affect women and families. Juvenile court clerks elect new leadership he Wisconsin Juvenile Court Clerks TAssociation is elected a new slate of officers for the 2012-2014 term. They are: Vicki Gilbertson is l President Joy Pecha, Langlade honored at her final County Records l Vice-President Kirsten Bellisle, Management Marinette County Committee meeting. l Treasurer Jody Bartels, Grant County She is retiring after more than 15 years l Secretary Kathy Koback, on the committee Marquette County and 18 years with The new officers replace outgoing the court system. President Vicki Gilbertson, Dane County (who is retiring after 18 years with the court system); Vice-President Joy Pecha, Langlade County; Treasurer Kelly Haag, Waukesha County; and Secretary Jane Kraemer, Washington County. n 17

Database creates quick access to law- Spring 2012 related materials produced in all counties THE THIRD BRANCH By Carol Hassler, Webmaster/Cataloguer, Wisconsin State Law Library

The Wisconsin State Law Library added a new feature to its County Resources database in May. For the first time, searchers can browse forms and guides by topic in addition to browsing by county.

he Wisconsin State Law Library’s (WSLL) County library staff as well as visitors to our website. TResources database, found at: Library staff scoured government and third party http://wilawlibrary.gov/topics/county.php, continues to grow websites, as well as print directories, to pull together and evolve, and has become a one-stop-shop for anyone agency and legal assistance organization information in one looking for county-specific forms, contacts and resources. place. Each county includes a list of law-related agencies, Last month, WSLL rolled out a new feature that allows their websites, and contact phone numbers (agencies browsing by topic for those who wish to view forms and include child support, clerks of court, court commissioners, guides on a given topic from counties across the state. district attorneys, registers in probate, registers of deeds, More than 750 forms and guides published online by and sheriffs’ departments). Legal assistance organizations Wisconsin counties are arranged topically under each for each county are also listed, frequently with information county. Library staff selected individual guides for inclusion on what they provide. on relevant legal topics pages as well. For example, the Some frequently-used guides and forms include: Marriage topic page links to a sample clergy sponsorship l Quit claim deeds from various counties letter from Marinette County and a guide full of useful l Fond du Lac County’s Family Court Handbook marriage FAQs from Burnett County, while the Divorce l Burnett County’s General Information About legal topic page includes links to Dane County annulment Marrying In Wisconsin and Instructions for the Bride, forms, among other guides and forms. Groom and Officiant The database currently includes more than 1,600 records l Dane County’s Notice of Intent to Remove Children and covers all 72 Wisconsin counties. The database contains form and annulment information law-related agency contact information, legal assistance l Filing an Amortization of Debt (Chapter 128) Case organizations, law-related forms and guides published by and Pro Hac Vice guides from Milwaukee County county agencies, and links to court rules, ordinances, and The database is updated semi-annually by library staff. court fees for each county. It was brought online in 2009 as Links are checked weekly using automated link-checking a new resource for the website’s popular Legal Topics software; however, the link checker may not always catch section. problems with links. In addition, library staff may not be The County Resources database was created to serve two made aware of a new guide or form for as much as half a purposes. First, library staff frequently field calls and year. For these reasons, we encourage agency and emails from across the state and wanted to be able to refer organization staff to contact the Webmaster with updates, library users to a single page of contacts and resources. corrections, or additions to the database. Second, forms and guides created by counties have proved The library’s goal for the County Resources database is to to be extremely useful when answering questions – even for provide quick access to county information for legal residents outside of the county that created the document. professionals and pro se litigants, and to facilitate the Storing these links in a central place meant easier access for sharing of information among county agencies. n 18

Spring 2012 New checklist to assist lawyers filing appellate briefs THE THIRD BRANCH new checklist for writing and filing appellate briefs l Electronic brief requirements and appendix Awill help lawyers and litigants who are filing cases in l Citation of unpublished opinions the Wisconsin Supreme Court and Court of Appeals. The Appellate Brief Filing Checklist and a more detailed Both the checklist and the outline are also available on the companion document, the Appellate Practice Checklist Clerk of Supreme Court and Court of Appeals portion of the Outline, are the result of two years of work by an ad hoc Wisconsin court system website at committee of the State Bar of Wisconsin Appellate Practice www.wicourts.gov/courts/offices/clerk.htm. Section. Wisconsin Court of Appeals Chief Staff Atty. Jennifer “I think this is going to be an excellent resource, not only Andrews, Assistant Deputy Clerk Jackie Widing, Clerk of for attorneys who specialize in appellate practice, but for all Supreme Court and Court of Appeals Diane M. Fremgen, attorneys and non-attorney litigants who work on appeals,” Executive Assistant to the Chief Justice Theresa Owens, and said Diane Fremgen, clerk of the Wisconsin Supreme Court Chief Justice Shirley S. Abrahamson assisted in reviewing and Court of Appeals. “Thanks to the committee’s work, the the checklist, which is intended for guidance and should not checklist concisely answers many questions my office now be considered a definitive statement of the rules. receives about the structure and format of appellate briefs.” Appellate Practice Section members who worked on the The Appellate Brief Filing Checklist walks the litigant checklist project include Attys. Timothy Barber, Axley through formatting the brief and the appendix, filing and Brynelson; Dorothy Dey, Beck, Chaet, Bamberger & service, and additional considerations for reply briefs and Polsky; William Gansner, Wisconsin Department of Justice; non-party briefs. G. Michael Halfenger, Foley & Lardner; Ellen Henak, The lengthier Appellate Practice Checklist Outline Wisconsin State Public Defender’s Office; Roberta Heckes, describes in detail the requirements of Wis. Stat. § 809.19. Roberta Heckes Attorney at Law; Anne Berleman Kearney, The outline includes information on: Appellate Consulting Group; Kathryn Keppel, Gimbel, l Covers, captions, table of contents and binding Reilly, Guerin & Brown; Lisa Lawless, Whyte Hirschboeck l Statement of issues for review, oral argument and Dudek; Korey Lundin, Legal Action of Wisconsin; Todd publication Smith and Katherine Stadler, Godfrey & Kahn; Urszula l Case, argument and conclusion Tempska, Law Office of Urszula Tempska; and Nicholas l Signature Zales, Zales Law Office. l Form and length requirements and certification Background on the ad hoc committee and this project is l Appendix and certification available here: l Mailing certification or affidavit www.wicourts.gov/courts/offices/docs/clerkappellatecomm. l Number of paper copies required for filing and pdf. n service PPAC working to identify ways to respond to critical issues By Shelly Cern, PPAC Policy Analyst he PPAC Planning Subcommittee is developing the meeting for consideration and adoption. Also at the August Tbiennial critical issues report and has identified four meeting, PPAC and the Planning Subcommittee will review planning priorities for the 2012-14 biennium: court system the court system’s proposed budget requests and make funding, public confidence, evidence based practices, and recommendations about which proposals should be access to justice. forwarded to the Supreme Court for consideration. To help develop actions that will respond to these four PPAC and the Planning Subcommittee are optimistic that critical issues, the PPAC Planning Subcommittee has efforts such as this to educate and engage the judiciary will queried the judiciary to learn what specific activities judges help make this critical issues process more successful. The would like to see PPAC, the Director of State Courts Office process began last fall with an electronic survey of court and the Supreme Court undertake. system stakeholders and a presentation at the 2011 Meeting This spring, some judicial districts formulated proposals of the Wisconsin Judicial Conference. n for addressing these issues during facilitated discussions during their spring district meetings. In those districts that Those who have not had an opportunity to submit feedback did not meet, members of the Supreme Court Planning and on the critical issues may contact a PPAC representative or Policy Advisory Committee (PPAC) are working with the Shelly Cern [(608) 266-8861 or district court administrator to determine the best method to [email protected]]. A list of current PPAC distribute and collect feedback from judges. members can be found on the court system’s website: The PPAC Planning Subcommittee will present the final www.wicourts.gov/courts/committees/ppacmembers.htm draft of the 2012-14 Critical Issues report at the Aug. 30 19

PEOPLE Spring 2012 eeting mental health population,” Kremers wrote to Clarke.

“Mchallenge” was a Sunday Clarke responded to Bice’s questions about Kremers’ THE THIRD BRANCH opinion column by Chief Justice letter with an e-mail that Bice reprinted: “What’s he Shirley S. Abrahamson in the whining about now?” Kremers should mind his own Milwaukee Journal Sentinel in damned business. He doesn’t know what my job is. I lock May. Abrahamson discussed the criminals up, while Kremers likes to let them go.” broad range of programs at work in the Wisconsin courts to improve “Bayfield County Risk Reduction Court gives offenders how the system responds to people another chance” headlined a story in the Ashland Daily with mental illness. Among the Press in May. The story explained that the treatment court programs she mentioned are program, which opened last year, focuses on offenders who seminars designed to educate have multiple run-ins with the law: repeat drunk drivers, judges on mental health issues; offenders with mental health problems, domestic violence Chief Justice Shirley S. collaborations that bring together Abrahamson perpetrators and other criminal offenders whose offenses are mental health providers with law fueled by drugs and/or alcohol. The enforcement, judges, prosecutors, public defenders and program is run in cooperation with the others who may have contact with mentally ill people in the Red Cliff Tribal Court. Bayfield criminal justice system; and mental health court programs in County Circuit Court Judge John P. Eau Claire and Outagamie counties that are designed to Anderson told the newspaper that the divert certain cases from the criminal docket. court is handling a steady volume of cases, and that the initiative is actively Treatment alternatives and diversion (TAD) programs reducing jail days while improving save money and improve public safety. That was the public safety. conclusion in an April cover story in Wisconsin Counties, “Putting people in jail, unless they the magazine of the Wisconsin Counties Association. The are there for the rest of their lives, article by John Murray, executive director of the doesn’t really solve the problems,” Wisconsin Office of Justice Assistance, quotes a recent cost- Anderson was quoted as saying. benefit analysis by the UW Population Health Institute that “Rarely does it rehabilitate them, Judge John P. Anderson found that every $1 invested in TAD yields benefits of oftentimes, and the evidence shows it, $1.93 in averted incarceration and reduced crime. it just makes things worse. With the process we are using – Separate articles in the magazine highlight the Rock risk reduction – we are using methods that actually work. It County Drug Court program, which has graduated 157 doesn’t mean we are being soft; most of the people who are people since its inception in 2007, the Rock County going through this program are still spending time in jail, Veterans Court program and the Wood County Drug Court but before we let them loose back to society, we give them program, which is in its fifth year of operation. The Wood the tools to help them succeed.” County article, by First Assistant State Public Defender David R. Dickmann, lays out a few important steps to be “Juror photo leads to Tabor mistrial” headlined a story in taken in starting a treatment court program. One of the The Topeka (KS) Capital-Journal that became national news biggest hurdles is finding money to hire a coordinator. and serves as a cautionary tale. The case against Austin “Unfortunately, we did not have any money to pay anyone Tabor, charged with shooting and killing a student on the full- or part-time,” Dickmann wrote. “The Wood County grounds of a local high school, had just begun when the Sheriff’s Department came through for us by offering a jail judge halted proceedings and granted a motion for a staff person (release planner) to work with the court ten mistrial. The problem: A news reporter who was ‘Tweeting’ hours a week. With the rest of the team completely the trial from the courtroom (using Twitter to post brief, comprised of volunteers, our court was started.” regular updates to the newspaper’s website), took a photo on her iPhone that showed members of the jury and “Clarke blows off request to discuss changes in inmate disseminated it. In Kansas, as in Wisconsin, media may not policy” headlined a column by Milwaukee Journal Sentinel show pictures that identify jurors during a case. investigative reporter Daniel Bice on Law Day. Bice reported on an exchange between Justice Patience Drake Chief Judge Jeffrey A. Kremers Roggensack won applause from a and Milwaukee County Sheriff packed auditorium at West Allis David Clarke after Kremers sent Central High School, where she gave Clarke a letter expressing a speech entitled “Poker Chips and a concerns about delays in Green Hat: An Insider’s View of the releasing jail inmates who are Supreme Court.” Roggensack visited scheduled to participate in court- the school in March, serving as guest ordered programs, and delays in speaker at an event organized by the transferring inmates who need to business law class. The justice also make court appearances. spoke to a group of fifth graders from “Taken together, these changes Decorah Elementary School in West in procedure have resulted in an Justice Patience Drake Chief Judge Jeffrey A. artificial increase in the jail see People on page 20 Roggensack Kremers 20

Spring PEOPLE continued from page 19 2012 Bend who visited the Capitol should be done.

THE THIRD BRANCH in May. Roggensack used a decision-making exercise to The First help the children understand Judicial District what justices do, and showed welcomed Julie them where each justice sits Schroeder as when the court is in session. the district administrative Judge John P. Hoffmann, assistant Waupaca County Circuit (DAA), Court, celebrated his replacing Cindy daughter Erin Hoffmann Hapka who Harding’s appointment as retired after Judge John P. Hoffmann vice president for strategic Judge Faye M. Flancher Judge Emily S. Mueller many years in planning at Notre Dame that role. University this spring. Harding is a Schroeder previously worked in the Sheboygan County summa cum laude graduate of Clerk of Circuit Courts Office. “Julie has seamlessly Notre Dame’s business school, and moved into the DAA role and her experience in District 4 a magna cum laude graduate of will be valuable to her in her new Harvard Law School. Her proud role,” said District Court father also earned a degree from Administrator Bruce Harvey. Notre Dame. “She is comfortable offering suggestions for process Chief Judge J. Mac Davis, improvements and is looking Waukesha County Circuit Court, forward to using her skills as we celebrated the college graduation of move into our annual rotation of his youngest child, Ann E. Davis, judges.” Schroeder’s many in May. She graduated cum laude interests include golf and from Tulane University in New Erin Hoffmann Harding cheering for her daughter’s Orleans, majoring in political hockey team. economics with a minor in Spanish. Davis spent a semester in Madrid and summers in Chile and Venezuela during “Reddy proposes county drug Bruce Harvey college, and will be teaching school court plan” was a banner headline in New Orleans through the Teach in the Lake Geneva Regional News in late April. The article for America program. reported on a presentation by Walworth County Circuit Court Judge David M. Reddy, Kenosha County Circuit Court who developed a plan for the Chief Judge Mary K. Wagner and county to maintain its OWI court Racine County Circuit Court Judges and begin a drug court by 2013. Emily S. Mueller and Faye M. Reddy made the presentation to Flancher were featured in the May the Walworth County Criminal edition of She Magazine, a Justice Coordinating Committee publication of the Kenosha News that (CJCC). He outlined the judges’ features stories on women in plan for developing specialty southern Wisconsin. As part of the court programs in the absence of Chief Judge J. Mac article, entitled “Women in Black: Judge Robert J. Kennedy, who Davis Circuit judges enjoy careers in recently retired after helping lead courtroom,” each woman was the effort to create the OWI interviewed about her experiences in the legal profession court. Kennedy had offered to and how these experiences shaped stay on as a volunteer to run the Judge David M. Reddy her career. All three judges OWI court but could not because discussed the importance of the statutes do not permit reserve seizing opportunities despite the judges to work for free. The adversity that women sometimes article indicated he might still experience in the practice of law. play a role in helping to write Through these experiences the grant applications to set up the three women created a strong new drug court. message: be inspired, take opportunities despite adversity, The Eagle Herald in Marinette and by accepting such reported that Chief Judge Donald opportunities in the face of doubt, R. Zuidmulder, Brown County it is possible to do a job not only Circuit Court, and Menominee as it could be done, but as it Chief Judge Mary K. Wagner see People on page 21 Judge Robert J. Kennedy 21

Courts Connecting with Communities Spring 2012 celebrates six months THE THIRD BRANCH ourts Connecting with presenting the idea to local courts and CCommunities (CCC), an bar associations. initiative of the Office of the Chief Abrahamson rolled out CCC last Justice, is celebrating its six-month fall. The program is designed to gather anniversary with three turns on the and share information about successful national stage. CCC will be local outreach programs that can be showcased at the annual meetings replicated across Wisconsin. The of the Conference of Chief Justices centerpiece of the initiative is a toolkit and the Conference of the State for structuring programs that are Court Administrators as well as at proven winners, including drug court the National Center for State tours, brown bag lunches with judges, Courts’ 2012 Civics Education Fair juror appreciation events and town hall slated for July in St. Louis. meetings. n Closer to home, the program is also picking up steam. Chief Justice Chief Justice Shirley S. Abrahamson explains Additional materials continue to be Shirley S. Abrahamson highlighted her Courts Connecting with Communities added to the outreach toolkit. Contact initiative to representatives of 30 county bar the initiative at the 2012 Local Bar associations at the Local Bar Leaders Theresa Owens, executive assistant to Leaders Conference on April 27 at Conference in late April. The initiative was the Chief Justice, at the State Bar Center in Madison, launched six months ago to make it easier for [email protected] or (608) and Atty. Theresa Owens, executive circuit courts and local bar associations to try 261-8297 with information about assistant to the Chief Justice, is public outreach projects. outreach programs in your community. traveling to counties across the state

PEOPLE continued from page 20 County Sheriff Kenny Marks served as keynote speakers at a “Regional Symposium on Reducing Repeat Criminal Offenses.” They spoke about the need to identify ways other than incarceration to address recidivism and improve public safety. “The United States, among all the nations of Chief Judge Donald the world, has the Chippewa County Clerk of Circuit Court Karen J. Hepfler (front row, third from Zuidmulder highest incarceration rate right) became a Fellow of the Institute for Court Management along with a – we have 76 inmates for group of court managers from across the country this spring. every 100,000 people,” Zuidmulder was quoted as partnership among CCAP and the Seventh and Tenth saying. “If punishment were the Olympics, we would be Judicial Districts to pilot web-based regional training. She gold.” directed a group that created live webinars for clerks and Zuidmulder, who started the Brown County Drug Court their staff members as well as for judicial assistants in the program and helped to create the Northeast Wisconsin 25-county region covered by Districts Seven and Ten. The Veterans Treatment Court program, told the group that 80 webinars covered topics in criminal/traffic, civil, jury, percent of the inmates in Wisconsin’s prisons financial and probate. have drug or alcohol addictions or mental health “Based on preliminary results of the issues (or both). He told the crowd that project,” Hepfler said, “it was recommended Wisconsin must do a better job of addressing that the Wisconsin courts expand the use of these challenges that underlie criminal behaviors. webinars to other regions where education needs exist within the state.” Chippewa County Clerk of Circuit Court Karen J. Hepfler was inducted in May at a ceremony in On April 24, District 10 Court Administrator Washington, D.C. as a Fellow of the Institute for Scott Johnson was promoted to colonel in the Court Management after completing a rigorous Wisconsin Air National Guard. He had program that included 12 courses and a master’s- previous held the rank of lieutenant colonel. level independent project. Hepfler is past Johnson is currently commander of the 128 president of the Wisconsin Clerks of Circuit Court Mission Support Group at General Mitchell Association. Scott Johnson International Airport in Milwaukee. n Hepfler’s project involved building a The Third Branch A. JohnVoelker Amanda Todd Tom Sheehan Beth BishopPerrigo Theresa Owens Ian McCue Judy Luttio Carol Hassler Shelly Fox Sara Foster Shelly Cern Samantha Alisankus Sara Foster Tom Sheehan Amanda K.Todd A. JohnVoelker Shirley S. Abrahamson (608) 267-0980 fax [email protected] e-mail (608) 264-6256 phone Madison, WI53701-1688 P.O. Box1688 Court InformationOfficer Amanda Todd and articleideasto: Send questions,comments, court system. interest totheWisconsin Office, providingnewsof Director ofState Courts quarterly publicationofthe The ThirdBranch Sara Foster Vernon CountyCircuitCourt Hon. MichaelJ.Rosborough Graphic Design/Layout Editorial Committee Contributing Writers Associate Editor Co-Editors Director ofState Courts Chief Justice www.wicourts.gov is a Boyle Judge-elect Timothy D. New judges across thestate. stage theplayinvenues money willbesoughtto and additionalgrant interested non-profits, school groupsandother will bemadeavailableto research fortheplay. form thebasisof accessible, andtheywill makes thepaperseasily Recent digitization to in-personvisitors. and wereavailableonly College inKentucky, other papersweredonatedtoBerea now. That’s becauseherdiariesand has remainedlargely outofreachuntil the Wisconsin SupremeCourt,herstory on displayforyearsinthechambersof Justice ShirleyS. Abrahamson. consultation withtheOffice ofChief Director ofState CourtsOffice in the play. Conference Award, willwrite O'Neill Playwrights two-time semi-finalistforthe playwright BettyDiamond, lawyer. Madison Wisconsin's firstwoman of LaviniaGoodell, play baseduponthelife original scriptfora development ofan Council willfundthe Wisconsin Humanities $2,000 grantfromthe first womanlawyer. A Goodell, Wisconsin’s the lifeofLavinia script foraplaybasedupon development ofanoriginal A Grant willcommissionplay Grant The finalizedscript Although Goodell’s portraithasbeen The projectisaninitiativeofthe Humanities Councilwillfundthe $2,000 grantfromthe Wisconsin continued frompage 4 Welker, whoisretiringatthe Hoag toreplaceJudgeJamesE. W. McCrorybeat Atty. Jack Branch 7 Rock CountyCircuit Court, a widevarietyofcases. touted hisexperiencehandling court commissioner, Boyle practitioner andsupplemental narrowed thatmargin. A sole the end ofJune.Both Welker and won adecisivevictory. Hoag intherace, butMcCrory Edward R.Ryan Chief Justice Court CommissionerBarbara Janesville Gazette Lavinia Goodell legislation asthenextstep. With the Supreme Court,sheturnedto not admittedtopracticebeforethe reason tosympatheticfeeling.” impulses, itssubordinationofhard purity, itsdelicacy, itsemotional sensibility, itstendersusceptibility, its womanhood, itsgentlegraces,quick discussing “thepeculiarqualitiesof women werenotsuitedtopracticelaw, development oflaw, women’s rights When Goodelllearnedthatshewas Goodell’s storyistheof and journalism(Goodellwasalsoa endorsed journalist) in Wisconsin. Shewas Justice EdwardG. Ryan saidthat Writing fortheCourt,Chief denied Ms.Goodell’s petition. n admission wasautomatic. In February1876,theCourt a Janesvillelawyerwho,in Ryan dissented. opinion grantingherpetition. June 18theCourtissuedan heard on April 22,1879.On Wisconsin SupremeCourtwas for admissiontothebarof on March22,1877. Harrison Ludingtonsignedit voice voteandGovernor Legislature passeditona bar admissions. The prohibit gender-based denialof a billintroducedthatwould supporters, sheworkedtohave help ofasmallgroupkey separate bar. Customarily, this November 1874,wasretained Court requiredadmissiontoa to representawidowin practice beforetheSupreme probate matter. The case Goodell’s secondapplication Supreme Court. At thetime, presented anovelquestion appealed tothe Wisconsin and Goodelleventually McCrory Judge-elect Barbara W. n

THE THIRD BRANCH 2012 Spring 22