Vol 12 No 4 H I G H L I G H T S Fall 3 Supreme Court adopts new code 9 Milwaukee, Racine groups plan Glover landmarks 2004 governing judicial elections 11 Retirements 4 First look at sentencing worksheets 13 Planning for national tribal conference is underway 5 New Faces 17 People

Statewide divorce Grant will help residents of northwestern forms in the works for Wisconsin navigate court system pro se litigants n ambitious proposal to help St. Paul, funds projects that promote or six months, a small group has Aresidents of northwestern economic and social justice with a Fbeen quietly at work on an initia- Wisconsin who are involved in court focus on Minnesota, North Dakota, and tive that could change the way proceedings and cannot afford – or Wisconsin. This project targets Wisconsin addresses the needs of choose not to hire – a lawyer, will residents of the 13 northwestern litigants who represent themselves in move forward thanks to a nearly Wisconsin counties that comprise the divorce matters. The group hopes to $150,000 grant. The grant recipient, Tenth Judicial District, including: unveil new, non-mandatory, statewide Wisconsin Judicare, has been providing Ashland, Barron, Bayfield, Burnett, forms for these pro se litigants in the

a publication of the Wisconsin Judiciary a publication of the Wisconsin legal services to low-income people Chippewa, Douglas, Dunn, Eau Claire, first quarter of 2005. involved in non-criminal legal matters Polk, Rusk, St. Croix, Sawyer, and The forms will be available online such as child-custody disputes and Washburn. This large, primarily rural and in hard copy, and are being small-claims cases in the northern half area of the state is home to approxi- developed with the assistance of the of Wisconsin for nearly 40 years. mately 496,500 people, 45,766 of Consolidated Court Automation “We are elated by this news, and are whom were recorded as below the Programs (CCAP). The Records grateful to the Otto Bremer Foundation federal poverty guidelines in the 2000 Management Committee is intending to for funding the proposal,” said Census. review the forms that are developed, Wisconsin Judicare Executive Director The grant will fund a two-year but the forms will not be mandatory Rosemary R. Elbert. “It may truly be project employee who will work for forms under Supreme Court Rules said that tens of thousands of Judicare to develop and implement a Chapter 70. They will, however, be Wisconsin residents will benefit from plan for improving access to the courts accepted in all counties and will be the this effort.” in northwestern Wisconsin. The project only divorce forms available through Tim O’Brien, a New Richmond is expected to focus on standardizing the Office of the Clerk of Circuit Court attorney who chairs a court-sponsored court rules and procedures among the in each county. effort to improve services for self- counties, making simplified forms and As all judges, family court commis- represented litigants, agreed. “The court plain-English instructions available, sioners, and clerks of circuit court are system, State Bar of Wisconsin, local training court staff, clerks, and judges aware, the number of pro se family bar associations and individual lawyers to improve how they communicate with court matters continues to rise, not have been working on these issues for people who are representing themselves only in our most populous counties, several years. The Bremer Foundation in court, and undertaking a major but also throughout Wisconsin. This grant will help us do even more to public outreach campaign. serve northwest Wisconsin.” With a majority of litigants in some see Forms on page 7 The Bremer Foundation, based in see Grant on page 7 The new look of the Supreme Court The Third Branch

The Wisconsin Supreme Court sat for its official portrait in September, recording Justice Louis B. Butler’s arrival as number seven. As the newest member of the Court, Butler has a number of special duties. By tradition, number seven pours coffee and answers the door when the Court is in conference, and tracks down justices who do not appear after the marshal calls the group www.wicourts.gov together. Butler’s arrival relieves Justice Patience Drake Roggensack of these duties. 2

Fall Director’s column: Interpreter program a sound investment 2004 n a gloomy Friday in November, as I was working my than providing trained and certified language interpreters in

THE THIRD BRANCH Oway through a stack of memos, reports, mail, and other our courts. assorted paperwork, I received a welcome interruption: the And Spanish is just the start. The litigants walking news that Marcia Vandercook in the Office of Court through the doors of our courthouses each day also speak Operations and District Five Court Administrator Arabic, Bosnian, Hmong, Khmer, Polish, Somali, and scores Gail Richardson had been selected to receive the of other languages. Wisconsin Hispanic Lawyers Association’s Rosa Sometimes it’s hard to spot the progress on the issues we Blanca Award for their efforts to build – from face in the administration of the courts. We work hard on scratch – a program to train and certify court inter- difficult issues and they can take time to resolve. The court preters. It is always nice when court personnel are interpreters project is one of those satisfying efforts that recognized for their efforts in making a difference yield prompt and demonstrable results, and those results for the individuals who use our system. testify to hard work and diligence of all of those who have Ms. Vandercook has been instrumental in the contributed to the program from the beginning. implementation of the program while Ms. Just look at their accomplishments: The Committee to Richardson was an early supporter of training and Improve Interpreting and Translation in the Wisconsin certification for interpreters who worked for years Courts was convened in October 1999; it issued its report A. John Voelker to help educate judges and others about the and recommendations a year later; it convinced the Supreme complexity involved in the process of interpretation. Court to adopt an ethics code for court interpreters; it The work of Ms. Vandercook, Ms. Richardson, Carmel designed an orientation and a certification process; it Capati, Judge Elsa C. Lamelas and the many judges, clerks developed a roster of court interpreters for use by judges, of court, lawyers, and others who have contributed time and law enforcement, and others; and when Wisconsin’s fiscal effort to building our court interpreter training and certifica- crisis doomed a proposal for state funding, it secured – with tion program also has caught the eye of the State Bar of the help of U.S. Senator Herb Kohl – a $250,000 federal Wisconsin. The interpreter program is one of a number of grant to fund an interpreter coordinator. Carmel Capati was initiatives currently under consideration for use in the State hired in that position and is moving the program forward. Bar of Wisconsin’s “Wisconsin Lawyers Make a This past May – less than five years after we began to Difference” campaign, which includes print ads, TV spots, look at this issue – the first group of trained and certified and billboards. court interpreters was sworn in. I could not say it better than Publicizing the need to ensure qualified, trained court Judge Lamelas did when she wrote in the award nomina- interpreters is critical at a time when we hope to make our tion: “These two persons have diligently pursued making a successful program permanent with a budget request for reality of access to the courts by non-English speakers…. $65,100 in fiscal year 2005-06 and $121,900 in fiscal year Our committee has helped bring Wisconsin out of the dark 2006-07. The one-time federal grant that is funding the ages.” program will end on Dec. 31, 2005. It is difficult to quantify the value of preserving access to The Rosa Blanca Award is reserved for individuals who justice and I have no yardstick to measure the effect that have demonstrated leadership on legal issues of importance qualified, trained interpreters have on each individual case. to the Hispanic community. When we consider that, in 1990, But the judges, attorneys, victims, defendants, witnesses and according to U.S. Census Bureau data, Spanish was the others who see the results of this effort every day know its primary language in 75,931 Wisconsin homes, and in 2000 value. They know that this program makes a difference, and it was the primary language in 168,778 homes, it becomes that making the language of the courts understandable to all difficult to imagine a legal issue of greater importance to the is, indeed, a sound investment. „ Hispanic community – and to all who care about justice –

National Center for State Courts simplifies court performance measures by Chief Justice Shirley S. Abrahamson President, Conference of Chief Justices Chair, board of directors, National Center for State Courts mproving the public’s trust and confidence in our justice In January 2005, the National Center for State Courts will Isystem presents numerous challenges. One is identifying release CourtTools – Measures of Court Performance, which the responsibilities for which courts can, and should, be held outlines 10 court performance measures and guides court accountable. managers on their use. This new measurement system, in Our independent judiciary has a responsibility to operate the works for more than 18 months, is designed to help efficiently and effectively. One tool for responsible court improve the administration of justice. It offers court administration is a balanced and practical set of court managers a few core measures that are said to be practical performance measures to enhance the judiciary’s ability to and provide a balanced perspective on court operations. manage the court system. CourtTools is billed as a flexible system for improving court State and local courts have long needed a realistic set of operations, not a method for evaluating judicial perform- court performance measures that are practical to implement. ance. see NCSC on page 21 these areas.InMarch1997,theCourtappointed judicial office wasleftintact pendinganin-depthanalysisof activity ofjudgesandcampaignconductcandidatesfor the 1968CodeofJudicialEthicsthatgovernedpolitical Conduct wentintoeffect on January1,1997,theportionof deliberation onthisissue. When theCodeofJudicial the SupremeCourtorder. several keyissues. Their dissentsencompasspages12-26of with manyofthechangesbutpartedmajorityon Patience DrakeRoggensack,andLouisB.ButlerJr. agreed Bradley, andN.PatrickCrooks.JusticesDavidProsserJr., S. Abrahamson andJusticesJonP. Wilcox, Ann Walsh politics. Voting forthenewrulewereChiefJusticeShirley participationinpartisan campaign ethicsandjudges’ and Ethics,whichtheCourtappointedtoexaminejudicial recommendation oftheCommissiononJudicialElections for judicialoffice. The rulegoesintoeffect Jan.1,2005. T adoptsnew codegoverning judicialelections Court Supreme The Court’s voteendsaseven-yearprocessofstudyand The Courtvoted4-3toadopttherevised guide thecampaignactivityofjudgesandcandidates he Wisconsin SupremeCourthasadoptedanewruleto 1. The rulesprohibitcampaignrhetoricthatcommits Campaign Content 6. Nospecialruleswillgoverntheuseofjudicial 5. Nonewrulewillsetthetimingofjudicial 4. Specialrulesondisqualificationorrecusalwillnot 3. Membershiponcampaigncommitteesorthe 2. Campaigncommitteesmaysolicitandaccept 1. Judges,judges-elect,andnon-incumbent Campaign Finance noeve fthenewrule An overview of with respecttoparticularcases, controversies, or or appearstocommitacandidate forjudicialoffice campaign funds. campaign fundraising. be imposed. not berestricted. choice ofcampaignconsultantsormanagerswill election issought. litigants withmattersbeforethecourttowhich not knowinglybesolicitedoracceptedfrom lawyers andothercontributors.Contributionsmay lawful contributionstojudicialcampaignsfrom contributions. from personallysolicitingoracceptingcampaign candidates forjudicialoffice willbeprohibited 1. Judges,candidatesforjudicialoffice (including PoliticalActivities Other 3. Nospecialrulewillcontrolcampaignspeechabout 2. The rulesgoverning judicialelectionsexplicitly whether suchspeechisacceptable. discussion ofpastcases.Inreality, theruleissilenton Justice William A. Bablitchassayingthenewrulepermits Journal Sentinel issue, anddebateditatseveralconferences The to commentontheproposal,heldapublichearing June 4,1999,andtheCourtthengavejudgesanopportunity number ofadditionalquestionsandissuestoaddress. electing judges. The CourtthengavetheCommissiona campaign issuesthatarisefrom Wisconsin’s systemfor submitted aninitialreportthatidentifiedthepoliticaland served asreporter. InOctober1997,theCommission Charles D.Clausen,MarquetteUniversityLawSchool, Seventh Circuit,chairedtheCommission,andProfessor Circuit Judge Thomas E.Fairchild,U.S.Courtof Appeals conduct andsubmitrecommendationsforanewrule.Senior Commission tostudypoliticalactivityandcampaign 07.PDF. The newruleisavailableat The CommissionfiledthisfinalreportwiththeCourton affiliation. that requireshim/hertohaveapartisan political election tothebenchandwhoholds apublicoffice individual whoisacandidatefor appointmentor candidate. These prohibitionsdonotapplytoan party duringthetermofoffice orwhena active participationintheaffairs ofapolitical office orwhenacandidatejudge-elect;and leadership ofapoliticalpartyduringtheterm when acandidateorjudge-elect;office holdingor in apoliticalpartyduringthetermofoffice or judges-elect willbeprohibitedfrommembership those seekingappointmenttothebench),and appellate court. decisions ofasittingjudgeoran the American adversarialsystem. respect totheproperroleofjudgesandlawyersin knowingly likelytoconfusetheelectoratewith rhetoric thatisknowinglymisleadingor prohibit misrepresentationsbycandidatesand practices andpoliciesisnotrestricted. rhetoric concerningcourtrulesoradministrative issues likelytocomebeforethecourt.Campaign reported onthechange,quotingformer www.wicourts.gov/sc/sc_rules/00- „ Milwaukee

THE THIRD BRANCH 2004 Fall 3 4

Fall First look at sentencing worksheets shows mid-range sentences 2004 by Jim Pingel, deputy director Wisconsin Sentencing Commission

THE THIRD BRANCH preliminary analysis of the data submitted on Asentencing worksheets between February 2003 50.00% and June 2004 shows that judges are handing down 45.00% 40.00% mid-range sentences for the most frequent offenses. 35.00% The worksheets and notes, which were 30.00% developed by the Criminal Penalties Study 25.00% Committee, were put into place as temporary 20.00% advisory sentencing guidelines by 2001 Act 109. 15.00% Worksheets for 11 crimes were developed and put 10.00% into use for offenses committed on or after Feb. 1, 5.00% 0.00% 2003.

By June 1, 2004, the Sentencing Commission Age Other had received 835 worksheets for close to a full year Dep. AlcoholPerf. On Bail Previous Acts Mental Health MH TreatmentAE Treatment of cases. Based on prison admissions and new Drug Treatment Dep. Cont. Subs Phys. Condition probation cases provided by the Department of Employment Hist. Corrections, the Commission estimates roughly a Figure 2 40 percent response rate, quite remarkable given that the space to enter the offender’s date of birth, commission staff worksheets took effect nearly a year before the Commission was able to calculate age at the time of sentencing. The age was staffed. Although this data set is sufficiently large to range of the distribution is 15 to 68 years old, with a mean generate meaningful results, it is not a randomly selected age of 27.5 years for all offenses. Eighteen-year-olds sample or the total universe of cases from the period. constitute the largest group, followed by 19-year-olds. The Therefore, any statistical conclusions are suggestive rather frequency by which individual ages are present on the sheets than definitive at gradually declines thereafter. Forty percent of all offenders Risk Assessment this time. are in their 20s. Figure 1 lists Lesser Medium High Figure 3 presents the average age of offender by the 11 the percentages of offenses for which worksheets are submitted. First-degree worksheets placed Mitigated 12.6% 10.6% 4.4% sexual assault and first-degree sexual assault of a child were in each grid box committed by the oldest offenders on average, 36.3 and 34.7 for the 835 Intermediate 14.5% 27.2% 13.4% respectively. The youngest average offenders were worksheets committing robberies, at an average age of 24.7, followed returned to the Agravated 6.1% 6.5% 4.7% by drug crimes and armed robbery.

Offense Severity Commission by Age is also listed in the risk assessment section as a June 1, 2004. Over Figure 1p0 factor that may affect determination of the offender’s risk to one-quarter of all public safety. Not surprisingly, age is most often checked as sentences are placed in the middle cell, which is moderate a risk-assessment factor for offenders either under 21 or risk, medium offense severity. The lower-risk and mitigated- over 40. Future analysis will investigate the circumstances offense categories are slightly more prevalent than under which age is a mitigating or an aggravating factor in aggravated or high-risk determinations. sentencing decisions. Which factors are checked most often? The future The worksheets give the Sentencing Commission several As this article goes to press, the commission is pieces of information on how felony cases differ from one developing permanent advisory guidelines in line with its another. We can break out which factors, if any, are legislative mandate, and will request reaction from judges consistently associated with cases falling in specific cells of statewide before the new guidelines go into effect. „ the grid in Figure 1, and then provide information back to judges statewide about what characteristics are important Joe Fontaine, a research intern at the Sentencing determinants of sentences. Commission, contributed to this report. The “Risk Assessment Evaluation” Average Age by Offense section of the worksheets lists 11 factors Avg. Age # of Offenders that may be relevant to judges in Robbery 24.7 56 determining the offender’s potential Possession with intent to delivery marijuana < 200 grams 25.0 41 Armed Robbery 25.6 113 future risk to public safety. Figure 2 Possession with intent to delivery cocaine <5 grams 26.4 75 shows that “Age” was checked most Burglary 26.8 247 often, followed by “Previous Acts” and 2nd Deg. Sexual Assault of a Child 27.3 51 2nd Deg. Sexual Assault 29.4 9 “Dependence on Controlled Substances.” Forgery/Uttering 30.3 152 Theft < $10,000 32.3 12 A closer look at age as a factor 1st Deg. Sexual Assault of a Child 34.7 33 1st Deg. Sexual Assault 36.3 3 Since the worksheet also includes a Figure 3 Dane CountyCircuitCourt Judge RichardG. Niess newjudges Doyle three appoints Outagamie CountyCircuitCourt Judge BradleyJ.Priebe Biographical sketchesofthethreenewappointeesfollow. Schuh wholosttheelection–arestillonbench. the Courtof Appeals, DistrictIV. Dane CountyCircuitCourtJudgePaulB.Higginbothamto Louis B.ButlerJr. tothe Wisconsin SupremeCourtand Doyle appointedMilwaukeeCountyCircuitCourtJudge County; andScottC. Woldt, Winnebago County. Inaddition, Yamahiro, MilwaukeeCounty;DennisC.Schuh,Juneau County; FrederickC.Rosa,Mary Triggiano, andGlennH. James L.Martin,DaneCounty;Neal A. NielsenIII, Vilas nearly twoyearsare:JamesC.Babler, BarronCounty; eight circuitcourtjudgesappointedbyDoyleinhisfirst and PaulR. Van Grunsven,MilwaukeeCounty. The other Niess, DaneCounty;BradleyJ.Priebe,Outagamie in thefirsthalfofhistermto13. fall, bringingthetotalnumberofjudicialappointmentsmade years onthebench. James T. Bayorgeon, whoretiredfromBranch1 after21 County CircuitCourtonSeptember 28.HesucceedsJudge couple hasthreeteenagechildren. hockey programs.HeismarriedtoLaurieElwell. The for the YMCA, andhasservedasaboardmemberonyouth income elderlyanddisabled,hascoachedyouthbasketball Inc., anon-profitcorporationprovidingservicestothelow investigator fortheOffice ofLawyerRegulation. Bauer anditspredecessors.Healsohasservedasaspecial the MadisonlawfirmofCoyne,Niess,Schultz,Becker& Since 1978,hehasbeenanassociateandshareholderwith law degreefromDukeUniversitySchoolofLawin1978. malpractice andpersonalinjuryclaims. municipal liabilityandcivilrights,insurance,professional cases inboth Wisconsin stateandfederalcourtsinvolving Judge RichardG. Niess E FACES NEW All oftheDoyleappointees–withexception 1975graduateofDartmouthCollege,Niessearned his A The newappointeestothecircuitcourtareRichardG. Gov. JimDoyleappointedthreecircuitcourtjudgesthis Priebe wassworn inonOctober18.Hewillseek election Judge BradleyJ.Priebewasappointed totheOutagamie Niess recentlyservedaspresidentofIndependentLiving, is anexperiencedciviland College of Trial Lawyers,Niess years onthebench. Nichol whoretiredafter16 Niess succeedsJudgeGeraldC. Court JudgeJamesFiedler. retired IowaCountyCircuit sworn inonNovember12by appellate triallawyer, handling fellowofthe American A Judge RichardG. Niesswas Court Milwaukee CountyCircuit Judge PaulR.Van Grunsven District Six administrator pinchhits inJudicial CCAP laws inhealthlawfromDePaulUniversityLawSchool. degree fromMarquetteLawSchoolin1986,andamasterof and chemistryfromMarquetteUniversityin1983,hislaw Lawyer Regulation. of theSpecialPreliminaryReviewPanelOffice of public service.Priortotakingthebench,heservedaschair provider liabilityandtheissuesthatarisefrom at MarquetteLawSchool,teachingcoursesonhealthcare Kasdorf, Lewis&Swietlik.Healsoisanadjunctprofessor of theHealthLawSectionatMilwaukeelawfirm appointed tothe Wisconsin SupremeCourtin August. Van GrunsvensucceedsJusticeLouisB.ButlerJr., whowas Bayside toBranch9oftheMilwaukeeCountyCircuitCourt. announced theappointmentofPaulR. Van Grunsvenof June 30,2005. current role. background, hesaid,hasbeeninvaluable tohiminhis operation ofthecourtsandmeet judgesandcourtstaff. This him anopportunitytolearnabout the him toeverycountyinthestate, giving worktook management position.CCAP (CCAP) andprogressedintoa Consolidated Court Automation Programs computer supportanalystatthe Circuit CourtOffice, Semmannbecamea career intheDaneCountyClerkof year vacancy. parts ofDistrictSixduringanearlytwo- Murphy, amongothers–whohadcovered district courtadministrators–ScottJohnsonandKathleen Waushara, and Wood counties. Dodge, GreenLake,Juneau,Marquette,Portage,Sauk, Stevens Pointandencompasses Adams, Clark,Columbia, administrator forDistrictSix,whichisheadquarteredin system, hasbeentemporarilyassignedasdistrictcourt Appleton withtheirtwosons. Law School. is a1994graduateof Temple University the Universityof Wisconsin-Oshkosh and Winnebago counties. year careerinthelawasaprosecutorOutagamieand to afull,six-yeartermin April 2005.Hehasspenthis10- At thetimeofhisappointment, Van Grunsvenwaschair An Appleton native,hegraduatedfrom Van Grunsvenreceivedhisbachelor’s degreeinbiology On Oct.26,Gov. JimDoyle Semmann willwork inthetemporaryassignment through Having begunhisjusticesystem Semmann steppedintotherolein August torelievethe Steve Semmann, an11-year employeeofthecourt He andhiswife,Renee,livein „ Steve Semmann Judge BradleyJ.Priebe

THE THIRD BRANCH 2004 Fall 5 6

Fall Voters select seven new clerks of court 2004 n counties large and small across the state, voters went to run for a seat in the state Assembly, which she won (see

THE THIRD BRANCH Ithe polls in November to choose successors for retiring separate story, page 7), a Marathon County Sheriff’s clerks of court and to weigh in on challenges to incumbent Department administrator prevailed over an accountant who clerks. None of the four incumbents who faced opposition currently works in the Clerk’s (in Brown, Dane, Jefferson, and St. Croix counties) was Office. Democrat Diane L. unseated. Seven new clerks were selected to fill open seats. Sennholz won 31,403 votes to Here is the rundown: Republican David Drozd’s 29,112. In Brown County, Paul Janquart turned back a challenge from political newcomer In Outagamie County, Lonnie Ted Keneklis, winning 69,763 votes to Wolf prevailed in a recount of Keneklis’ 44,047. Janquart, a Democrat, has votes cast in a tight three-way held the clerk’s post since the judges Republican primary, leaving him appointed him in 1997 to fill a vacancy. unopposed in the November Diane L. Sennholz Prior to becoming clerk of court, he served election. Wolf has served as for 22 years as city clerk for Green Bay for financial operations manager of 22 years. the Outagamie County Clerk of Circuit Court Office for the past Paul Janquart In Dane County, Judith Coleman faced 20 years. Wolf said he decided to the first election challenge in her 15-year run because he hoped to continue career as clerk and prevailed easily over the excellent service that has been Robert Syring in the September primary, provided by Ruth Janssen, who is winning 65 percent of the vote. Syring, a retiring after 30 years as clerk of county social worker and president of the court. social workers’ union, told the media that he Lonnie Wolf challenged Coleman because she asked the In Pierce County, where county board for a raise. Coleman, a Clerk of Circuit Court Beverly Democrat, had no Republican opponent in Lucente-Berg is retiring after 28 the general election. She has held her years (see separate story, page Judith Coleman position since she was appointed in 1990. 12), Chief Deputy Clerk Margaret “Peg” Feuerhelm, who has In Iron County, where Clerk of Circuit Court Virginia worked in the office for 21 years, Giacomino plans to retire in early January after 16 years on ran unopposed as a Democrat. the job, Democrat Karen Ransanici, who has worked as a legal secretary at a firm in Ironwood, Michigan, for 11 In Polk County, where Clerk years, beat Republican Amy Fredericks, a part-time of Circuit Court Melvin Madsen bookkeeper, by 2,421 votes to 1,319. has been on the job since 1976 Margaret “Peg” (he is retiring to run his “Do Feuerhelm In Jefferson County, Kenneth Schopen beat challenger Nothing Campground” located on the Apple River), Chief Jeffrey Rammelt in the general election by 28,826 to 15,118. Deputy Clerk Lois Huff prevailed over Deputy Clerk Diane Schopen, a Republican who has been clerk for over 35 Taxdahl by a vote of 11,527 to 10,699. Huff has been chief years, said he believes his office is user friendly and has an deputy for nearly 10 years. excellent working relationship with Jefferson County’s judges and other county agencies. In Price County, where Clerk of Circuit Court Louise Lindsay is retiring after 23 years on the job, Chris Cress – In Manitowoc County, where the retirement of Clerk of who said she had been searching for a new challenge after Circuit Court Joe Bauknecht – who served working for 20 years as a legal secretary – was elected to for eight years – left an open seat, a the clerk’s post. Cress won 5,098 votes to opponent Mary Manitowoc law firm manager prevailed over Willett’s 3,172. the owner of a local landscaping service. Lynn Zigmunt has been managing Kummer, In St. Croix County, Lori Meyer, who has served as Lambert & Fox law firm for more than 20 clerk for 12 years, defeated Marion Standaert, her deputy of years. Her opponent, Brian Johnson, owns four years. Meyer won 23,407 votes to Standaert’s 16,213. Greenpro Lawn and Landscape. Zigmunt Prior to becoming the clerk of circuit court, Meyer worked garnered 23,785 votes to Johnson’s 17,595. as a legal assistant, office manager, and child support caseworker. “I continue to learn from our court system,” she In Marathon County, where Clerk of said. “The excellent people who work within it, and the Lynn Zigmunt Circuit Court Donna Seidel stepped down to needs and desires of the people of St. Croix County.” „ Forms online andin-personassistancefor assistance (asin Waukesha County). (as inJudicialDistricts9and10)toprovidingonline County), todevelopingdistrict-wide from providingplain-Englishforms(asinMilwaukee litigants whoappearunrepresentedinfamilymatters, that willbeatoppriorityoverthenexttwoyears. Wisconsin CourtSystem,”asoneoffourcriticalissues (PPAC), “CriticalIssues: An OperationalPlanforthe Court’s PlanningandPolicy Advisory Committee trend wasidentifiedintherecentreportbySupreme establish astatewide executive assistanttothechiefjustice,assigningherleadataskforce Abrahamson appointedformerState LawLibrarianMarciaKoslovastemporary is workingtocreate western countiesthatcompriseDistrict10. With thisinformation,thecommittee state, includingDane,Milwaukee,and Waukesha countiesandthe13north- assisted Koslovinreviewingtheformscurrentlyprovidedmanyareasof gathered in April todiscusstheconceptofstatewideforms. The sub-group Edward F. Vlack III. Program Coordinator Tera Nehring,andSt. CroixCountyCircuitCourtJudge Taylor CountyCircuitCourtJudgeGaryL.Carlson, Waukesha CountySelf-Help members are:MilwaukeeCountyFamilyCourtCommissionerMichaelJ.Bruch, counties todetermine whatwasalreadybeingoffered and are representing themselves. The groupthen surveyedthe13 national conference onimprovingservicestolitigants who administrators, clerksofcourt,and others,participatedina of District10judges,courtcommissioners, attorneys,court Represented LitigantsInitiative. The committee,composed appointed acommitteetosteerthe Tenth DistrictSelf- without attorneys.In2000,Chief JudgeEdwardR.Brunner District 10courtstoimproveaccessjusticeforpeople themselves in2003. filed innorthwestern Wisconsin, 23,162litigants represented came tocourtwithoutanattorney. Insmallclaimscases (5,049) and59percentoflitigantsincivilcases(7,120) district’s 13counties,64percentoflitigantsinfamilycases word outaboutavailablehelpiscritical.Lastyear, inthe types ofcasesproceedingwithoutanattorney, gettingthe Grant Marcia Koslov The four-member workingsub-groupwasformedfromalarger group that Underscoring thepressingneedforstatewide Many countiesalreadyhavetakenstepstoassist The projectwillcomplementafive-yeareffort bythe continued frompage 1 continued frompage 1 pro se pro se „ family courtformsforusethroughout Wisconsin. The assistance programforfamilycourtlitigants. Judge GaryL.Carlson pro se pro se litigants, ChiefJusticeShirleyS. initiatives Tera Nehring Edward F. VlackIII Judge toward helpingus liveuptothatresponsibility.” to justice. This Judicareprojectwillgoalongway playing fieldsothatallpeoplehave thesameaccess said. “We havearesponsibility toensurealevel of peoplegoingtocourtwithout alawyer,” Brunner efforts. “Everyyear, weseeanincreaseinthenumber Administrator GreggMooreandothersonthese students andfacultyhelplitigantsfilloutforms. Department, whichrunsaresourcecenterwhere erated withaneffort oftheUW-Superior LegalStudies ular piecesofaperson’s case,andthedistricthascoop- attorneys whoarewillingtoprovidehelpwithpartic- worked onsimplifyingformsanddevelopingrostersoflocal what couldbeimproved.Sincethen,thecountieshave Brunner hasworkedcloselywithDistrictCourt race forrace Assembly wins Marathon clerk A 1988. District 85asaDemocratsince on April 6.Hehadrepresented to theMarathonCountyCircuitCourt vacant sinceGregHuberwaselected Office. County District Attorney’s an investigatorfortheMarathon Department; shelaterbecame officers atthe Wausau Police one ofthefirstfemalepolice won theclerk’s seat,Seidelwas Programs (CCAP).Beforeshe Consolidated Court Automation volunteering tohelppilotthe embrace courtautomation, separate story, page6 Sheriff’s Department( supervisor intheMarathonCounty Diane Sennholz,anadministrative Elected toreplaceSeidelasclerkwas in MarathonCountysince1989. Seidel hasbeenclerkofcircuitcourt a tremendouslyexcitingcampaign.” Herald hard,” Seideltoldthe Marathon CountyBoard. Schofield andamemberofthe candidate SarahKamke,mayorof Democrat, beatingRepublican City of Wausau. Sheranasa elected tothestate Assembly fromthe Seidel becamethefirstwomanever in anewcapacity. OnNovember2, serve thepublicinMarathonCounty The state Assembly seathasbeen Seidel wasamongthefirstto “My goalwastosimplywork circuit court,DonnaSeidelwill fter nearly16yearsasclerkof „ on electionnight.“Ithasbeen Wausau Daily ). see „ Judge EdwardR.Brunner Rep.-elect DonnaSeidel

THE THIRD BRANCH 2004 Fall 7 8

Fall AWARDS 2004 Opperman Award goes to Chief THE THIRD BRANCH Chief Justice Shirley S. Abrahamson, now in her fourth decade on the Wisconsin Supreme Court, accepted the American Judicature Society’s (AJS) highest honor, the Dwight D. Opperman Award for Judicial Excellence, in a September ceremony at the Executive Residence in Maple Bluff. The honor came with a $5,000 honorarium, which Abrahamson donated to the court system for a future public outreach project. The award is reserved for trial and appellate judges who have had at least 10 years of judicial service and whose written The chief justice addressed a standing-room-only crowd at opinions “make clear that bench, bar and the Executive Residence in Maple Bluff. All six of her colleagues on the Supreme Court attended the evening community alike would willingly entrust that ceremony and then returned to the Capitol to prepare for an judge with the most complex cases of the emergency hearing held the following morning to determine most far-reaching import,” AJS said. whether Ralph Nader would be allowed on the Wisconsin Also celebrated at the ceremony were two ballot (he was). In the foreground is Judge Ramona A. awards bestowed earlier this year upon the Gonzalez, La Crosse County Circuit Court. Supreme Court and its members. Justice Ann becoming a judge, was a partner in the Madison law firm of Walsh Bradley won the AJS Herbert Harley La Follette, Godfrey & Kahn. For a brief time, Abrahamson Award for her “outstanding efforts and and Bartell worked together at the firm. contributions that [have resulted] in Bartell always has been active both within the court substantial, long-term improvements the In accepting the award, Chief system and in her community. She serves as an associate Justice Shirley S. Abrahamson justice system,” and the Wisconsin Supreme dean of the Wisconsin Judicial College and as an editor of shared some little-known facts Court won an AJS Special Merit Citation for the Wisconsin Benchbook. She has been president of the about Dwight D. Opperman, the its history-related outreach programs. Madison Downtown Rotary Club (she was the first woman publisher-philanthropist for whom Delaware Supreme Court Justice Randy J. Rotarian in Wisconsin), chair of the United Way board of the award is named. Opperman’s Holland said Abrahamson was the first business, she said, was the directors, and a volunteer for Meals on Wheels and Habitat cleverly named “Lloyd Wells committee’s unanimous choice despite the for Humanity. Orchestra” that toured the Midwest large group of distinguished nominees. “We and that Opperman – at age 16 – were very impressed by her work on the Court National award honors White’s hoped would be confused with the and by her efforts to promote public trust and “Lawrence Welk Orchestra.” ‘Portraits’ project confidence in the rule of law both nationally Judge Maxine Aldridge White, who has served for 12 and internationally,” he said. “The committee years on the Milwaukee County Circuit Court, received the felt strongly that we could not have a better start for this National Association of Women Judges’ Mattie Belle Davis award. Her selection sets a very high standard.” Award. The award was presented at an October 9 ceremony in Indianapolis. Bartell receives Melli Award Mattie Belle Davis was the Judge Angela B. Bartell, who has served as a Dane first woman judge to sit in the County Circuit Court judge since 1978 and became the first Dade County (Florida) female chief judge ever to serve the Fifth Judicial District Metropolitan Court. (Dane, Green, Lafayette, and Rock counties) in 1982, White was honored for her received the Marygold Shire Melli Achievement Award in a organization of “The Whole ceremony on November 4. Tapestry,” a project to produce, Melli is Voss-Bascom professor of law emerita at the frame, and hang portraits of UW Law School. She is nationally known for her Wisconsin’s past women judges in work in areas of the law involving families and the courthouses where they children. served. The portraits were Judge One of the lawyers who nominated Bartell for the unveiled in a Milwaukee County Maxine Aldridge White award wrote, “Judge Bartell’s keen intelligence, sense Courthouse ceremony that of fairness, and deftness in dispute mediation make attracted several hundred people last March and now are dealings with her court a pleasure and always ensure a being distributed to the proper courthouses for hanging. balanced, well-reasoned decision for all the parties.” The NAWJ is working with White to develop a manual Like Chief Justice Shirley S. Abrahamson, who for replicating the project around the country and several also was honored with an award this fall, Bartell states already have announced their intention to pursue it. „ Judge Angela B. Bartell graduated first in her law school class and, prior to Milwaukee, Racine groups planGlover Racinegroups landmarks Milwaukee, O Gonis, amuseum exhibitdesigner of theGloverstory,” saidGeorge commensurate withthesignificance give Milwaukeealandmarkto in theCityofMilwaukeetofinally community andculturalorganizations battles. Glover rescueandtheensuingcourt to markthesesquicentennialof Racine areworkingonseveralefforts works. GroupsinMilwaukeeand Cathedral Square. with aplaqueinMilwaukee’s Jackson and Walter MacDonald;and book draftedbyhistoriansRuby West Wisconsin SupremeCourt;witha documentary developedbythe with anoriginalplayand been markedinanumberofways– That momentinthestate’s historyhas states toreturnslavestheirowners–unconstitutional. declared theFugitiveSlave Act –whichrequirednorthern the onlycourtoflastresortinnationtohaveofficially Less thanayearlater, theCivil War began. but thestatecourt,in1860,refusedtofilethatmandate. Court soonorderedthestatecourttoupholdfederallaw, guilty inthefederaldistrictcourt–freed. The U.S.Supreme unconstitutional andorderedBooth–whohadbeenfound Wisconsin SupremeCourtdeclaredtheFugitiveSlave Act and federalcourtsbetween18541860.In1855,the was spiritedawaytoCanada. jail doorandfreeGlover, who battering ramtobreakdownthe months earlier. They useditasa officially dedicatedjustafew seven yearsofwork,hadbeen John’s Cathedral,which,after over fromconstructiononSt. wooden beamapparentlyleft members ofthemobfounda outraged. Wisconsin abolitionistswere his returntotheplantation,and marshals thepreviousnight.Preparationswereunderwayfor in aRacinesawmill,Gloverhadbeenarrestedbyfederal An escapeefromaMissouriplantationwhohadfoundwork Square) toprotestthejailingoffugitiveslaveJoshuaGlover. Milwaukee’s CourthouseSquare(nowknownasCathedral EERTN CEST JUSTICE TO ACCESS CELEBRATING The Wisconsin SupremeCourtisbelievedtohavebeen The courtcaseinvolvingBoothunfoldedinboththestate “We havebroughttogether Now, somethingelseisinthe During theprotest,several Sherman Boothralliedagroupof5,000in n March11, 1854,abolitionistnewspaperpublisher Joshua Glover Milwaukee’s CathedralSquare Sherman Booth underground-railroad andabolition sitesinRacine. Underground RailroadHeritage Trail thatwouldlink20-25 organizers hopetousethisaspart of aRacineCounty national underground-railroad tour, andtheRacine Square recentlywasdesignatedasanofficial stoponthe Glover. The SixthStreet HistoricDistrict’s Monument focused onenhancingthesitesincountythathonor directed toGeorgeGonisat(414)444-9911. Questions abouttheMilwaukeeandRacineprojects maybe this importantstory. displayed doesnotcontainthedetailnecessarytoconvey Randy Prasse,believesthatthesmallplaquecurrently ground.” The committee,co-chairedby Albert Brownand Neighborhood Association. “Thisisnationallyhallowed Commemoration Committee,aprojectoftheEast Town who isamemberoftheJoshuaGloverSesquicentennial he said. Photo credit:EastTown Neighborhood we’ll seewhatisproposed,” through thewholesquare– an exhibitthatthreadsitsway could beastatue,it in placespring2006.“It and hopestohaveamonument from artistsaroundthenation currently seekingproposals moment ever,” Gonissaid. this was Wisconsin’s finest In Racine,theeffort is The Milwaukeegroupis “It maytrulybesaidthat Association

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Fall Online jury questionnaires are a hit 2004 program that permits potential jurors to fill out and online out of 3,643 possible jurors,” said Diana Miller, Eau

THE THIRD BRANCH Asubmit jury questionnaires electronically appears to be a Claire County. “The ease of entering the electronic hit. In the first seven months of the program, more than questionnaire onto the jury management system is fantastic: 10,400 questionnaires were submitted via the Internet in the you press a button and it’s done! This is a tremendous 33 counties that are offering this service. timesaver.” The Consolidated Court Automation Programs (CCAP) Eau Claire is one of eleven counties that also recently recently modified the program to allow each county to tailor began using bar coding in the jury applications. Chippewa, individual questions. Columbia, Dunn, Kenosha, La Crosse, Milwaukee, Rock, Involved in the program are: Brown, Chippewa, Clark, Sawyer, Trempealeau, and Washington counties also are Columbia, Crawford, Dodge, Door, Douglas, Dunn, Eau using this new function. Claire, Fond du Lac, Iron, Jackson, Jefferson, Juneau, Bar coding allows jury clerks to quickly check in jurors Kenosha, La Crosse, Lincoln, Manitowoc, Marathon, without having to key information into the jury management Marinette, Milwaukee, Oconto, Outagamie, Pepin, Rock, application. The clerk’s office pulls up a screen, adds the Sawyer, Trempealeau, Walworth, Washburn, Waukesha, activity they want to docket, and then scans each juror’s bar Winnebago, and Wood counties. The bulk of the electronic code. The activity is then docketed for all the jurors who questionnaires were filed in Milwaukee County (5,427) and have been scanned. Brown County (1,538), but even clerks of court in counties “This simplifies the process and save us lots of time,” where the electronic service was not frequently chosen are Miller reported. sold on the approach. Bar coding also is used to process all paper questionnaires “We had 113 people fill out the qualifying questionnaire that the jury clerks receive. „

Chief Judge Sullivan presents first-ever “State of A guide to the the Milwaukee Courts” Servicemembers n October 27, Chief Judge Michael P. Sullivan presented the inaugural “State of Civil Relief Act the Milwaukee Courts” address to a gathering of several hundred lawyers and O or courts that are encountering judges at the Milwaukee Club. Sullivan equated his position to that of the chief executive officer of a mid-size corporation. Fparties who are on active duty “I set priorities and give a perspective on justice-related issues,” he said. “The top in the armed forces, a new priority is keeping access to justice open for the public.” American Bar Association (ABA) Sullivan spoke one day before he was due to appear before the Milwaukee County guide highlights the impact of Board’s Finance Committee to discuss the courts’ budget, and he gave the audience a military service on civil litigation, primer on court funding. financial obligations, mortgages, Under the law, Wisconsin’s 72 counties are responsible for the cost of court leases, and other matters. The services not covered by the state. The state pays the salaries, fringe benefits and travel guide provides a checklist for expenses of judges and reserve judges and their court reporters. The counties pick up judges and information on how to the remaining costs associated with circuit court operation – maintaining the use the Web to verify whether a courthouse, operating the Office of the Clerk of Circuit Court, ensuring that the party is a member of the armed building is safe and secure, providing videoconferencing, legal research tools, office services. supplies and equipment, The guide’s focus is the funding the costs of court- Servicemembers Civil Relief Act appointed attorneys and (SCRA). The SCRA was enacted witnesses, court-ordered in 2003 and updates the Soldiers medical and psychological and Sailors Civil Relief Act passed exams, court interpreters, at the start of World War II. The jurors and more. SCRA covers soldiers on active Sullivan noted that duty as well as reservists and budget cuts have required members of the National Guard judges and court staff to who have been called to active take out their own trash and duty. „ have eliminated regular Judge Timothy G. Dugan, presiding judge in Milwaukee’s Felony Division, cleaning of the courtrooms, The ABA guide is available on the responds to a question as part of a panel discussing the operation of but he said there was also American Bar Association’s Milwaukee’s courts. To the left of Dugan is Judge Thomas P. Donegan, presiding judge in the Children’s Court Division; on the right is Judge Daniel L. Konkol, good news: the Milwaukee Website: who presides over the Misdemeanor Division, which, he noted, has been hit courts made it through last www.abanet.org/family/military/scraj hard by the Legislature’s decision to criminalize operating after revocation. year without layoffs and udgesguidecklist.pdf. Milwaukee County now devotes one full branch to OAR cases – and that branch without shortening the work has 8,500 OAR matters pending. week. „ Jeske on65thbirthday willretire younger, probationers. With aratioofabout onevolunteerto effort thatstandsashisproudestaccomplishment. Volunteers inProbation (VIP)programinthecounty, an friendly, diplomaticmanneralsohelpedhimtocreatea excellent relationshipwiththeOconto CountyBoard.His branches ofgovernmenthasbeen thebedrockofhis and JudgeRichardD.DelForge waselected. current reporterisSusanL.Mittelstaedt. eventually resigntostayathomewithherchildren.Jeske’s was terrific.Idon’t knowhowsheputupwithit.” microwave andgetbackoutonthebench.Mycourtreporter recalled. “Itwasjustenoughtimetoheatupamealinthe county, andtheworkloadwasheavy. prior tothestartofjudicialterm.Itwasaone-judge Gov. Tommy G. Thompson sothathecouldbeginwork they’re readyforarealchallenge. driveway, thenamileaway, thenfivemiles,andsoon,until which aretheracingvariety. their 50-acrepropertywith200homingpigeons–manyof close tohomeinretirement;heandhiswife,Joan,share trout fishinginMontanaeachyear, heanticipatessticking announced candidateforthepost. seek electiontotheBranch1judgeship.Heisonly member ofthe Wisconsin judiciarywhoracespigeonsinhis Atty. MichaelT. Judge Judge LarryL.Jeske RETIREMENTS VIPs helptosupervise andmentornon-violent,mostly With theexceptionofmonthJeskeintendstospend Jeske’s abilitytoworkcooperativelywiththeother In 1998,asecondbranchwasaddedinOcontoCounty His courtreporteratthetime,Stephanie Schreiber, did “We’d takeaseven-minutebreakatnoon,”Jeske “What youdothenis,getthebirdstogetherandput He trainsthembytakingdowntotheendof Judge LarryL.Jeske,believedtobetheonlycurrent Judge John Wiebusch, whohad Elected in1993toreplace when hefirsttookthebench. as wellhislegaltraining pigeons mayhaveservedhim all bebackinmybarn.” explained. “Bynightfall,they’ll Topeka, Kansas,”Jeske them outto…SouthDakotaor them inatruck,andyoutake who practiceslawwithJudge& T.Judge, Judge.” Atty.Michael Wisconsin itsfirst“Judge 65th birthday. which alsohappenstobehis of histerm, Aug. 1,2005, County CircuitCourtattheend he willretirefromtheOconto spare time,hasannouncedthat Jeske thenwasappointedby retired severalmonthsearlier, announced thisfallthathewill Krzewinski inOconto, Jeske’s experienceherding Jeske’s retirementmaygive career ends32-year judicial McCormick Legislature, togo tohiswife’s aid. The bailiff, Richard J. longtime deputy sheriff whohadservedwithhimin thestate knew thekeyshadbeenlostsohe askedhisbailiff, a they workedverywell. not work,shehadsnappedthem on–onlytodiscoverthat panic, lookingforthekeystoan oldpairofhandcuffs. day thejudge’s wife,MaryJo,calledhiscourtina Sentinel Shabaz (nowaFederalDistrictCourtjudge). an OutagamieCountyCircuitCourtjudge)andJohnC. Jon P. Wilcox (nowajustice),Harold V. Froehlich(now and acrosstheaislefromseveralmorefamiliarfaces: future-Gov. Anthony S.Earland Atty. Lloyd A. Barbee served asaDemocratfrom1960to1972. representative inthe Wisconsin Assembly, wherehe McCormick beganhiscareerinpublicserviceasa Flynn. challenge byformer Wisconsin LieutenantGov. James T. recently in1999whenhesuccessfullyfoughtbacka 1972. HewonsixsubsequentelectionstoBranch19,most Gov. PatrickLuceyappointed McCormicktothebenchin Gov. JimDoyleisexpectedto appointasuccessor. intended totakevacationfrom Thanksgiving untilthatdate. that hewouldretireeffective Jan.3,2005,andthathe currently onthebenchinMilwaukeeCounty, announced judge,” hesaid.“Thisisanamazinggroupofpeople.” he wouldmissmost. at judicialeducationsessionsisapartofthejobJeskesaid ideas withcolleaguesaroundthestateandcomingtogether County program,whichalsowasstartedbyjudges.Sharing because thesepeoplemaycontinuetocomebeforeme.” but I’mabletostayatacertaindistance,whichisimportant questions andexplaintheprogramfornewvolunteers– involved –Iattendmeetingseverymonthorsoandanswer the VIPs afterhearingJeskespeakataKiwanismeeting. Don LaFortune,alocalrealestateagencyownerwhojoined skills. At thecoreofprogramis Volunteer Coordinator money, findwork,shop,andnumerousotherbasiclife models, teachingyoungoffenders howtobudgettheir these volunteershavecollected.” restitution andcourtcosts,”Jeskesaid.“It’s amazingwhat management courses–andtheybugthemtopaytheir andanger they gettheircounseling– AODA the timetooffer tolow-riskprobationers.“Theymakesure on supervisionthatprobationofficers generallydonothave 10 offenders, the VIPs areabletoprovidethekindofhands- 1951graduateofMarquetteUniversityLaw School, A To showtheir four-year-old grandsonthatthecuffs did McCormick, whowasinthemiddle ofacriminaltrial, McCormick reminiscedwith In theLegislature,McCormickworkedalongside Judge JohnE.McCormick,thelongest-servingjudge “It hasjustbeenamostpleasantexperiencebeing ontheOutagamie Jeske modeledtheOcontoCounty VIP “He’s justarealgo-getter,” Jeskesaid.“AndIamstill Jeske saidthevolunteersalsoarefriendsandrole columnist BillJanzafewyearsagoaboutthe see Milwaukee Journal Retirements on page 12 John E.McCormick Judge

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THE THIRD BRANCH by KerryConnelly, districtcourtadministrator cases Kenosha tofamily newapproach considers spanned four decades career Lucente Berg’s court available tocommentonhisplansforretirement. drilled thecuffs open. called herdaughtertodrivealocksmithwhopromptly whispered. ButMaryJowaswastingnomoretime;she when Lynch returned.“Tell hertocutoff herarm,”he Lynch, triedeverythingbutthecuffs wouldnotbudge. year ( the year. LucenteBerg isoneofsevenclerksretiringthis courthouse employees–whenshestepsdownattheendof she wouldmissthepeople–litigants,herstaff, the the peoplewhowalkthroughcourthousedoors.Shesaid thicker, butsheneverhaslosthersenseofresponsibilityto jig inthebackhallway. everything hecouldtocheerherup–includingdancinga McEwen wassoconcernedabouttheyoungclerkthathedid so noonewouldseemecrying.” case andIwasintears,”sherecalled.“Itryingtohide removed fromhishome. court foramatterinvolvingjuvenilewhowasbeing Pierce CountyCourthousein1976whenshewascalledinto idea howautomationhaschangedouroffice forthebetter.” weren’t herewheneverythingwas doneonpaperhaveno to thepublic. enabled LucenteBerg tocontinue providingqualityservice Consolidated Court Automation Programs(CCAP)have child supportfunctionandautomatingthroughthe but thestaffing levelhasremained constant.Givingupthe shows quickerresults thanthetraditionalsystem because year inCHIPS(child abuse/neglect)casesandgenerally outcomes. The programconductsabout50mediations per October 1998andthejudgesare verypleasedwiththe with thefamily. numerous socialserviceagencies thatmightbeworking in placebetweenfamilymembers andthepotentially Mediation isusedandservice-provisionagreementsareput family inonecourt,sothatjudgeseesthefullpicture. promotes groupingthecasesinvolvingmembersofone how thecourtshandletroubledfamilies. The model The unifiedfamilycourtmodelwasdesignedtoimprove that willexploreopeningaunifiedfamilycourtinKenosha. A RETIREMENTS When thehearingconcluded,then-Judge William The office’s workloadhasgrownsteadilyovertheyears, McCormick, whoiswidowedwithninechildren,wasnot Still onthebench,judgethoughtofanothersolution Over theyears,LucenteBerg’s skinhasgrownabit “He wasagreatman,”shesaid. “That wasthefirsttimeIwentintocourtonajuvenile Beverly LucenteBerg wasabrandnewclerkatthe CA issowonderful,”shesaid.“Thepeoplewho “CCAP La CrosseCountyopenedaunified familycourtin membership listandamissionfornewcommittee Kenosha CountyCircuitCourtjudgeisdevelopinga see The Third Branch The Third , summer2004 continued frompage 11 ). story, page6 deputy clerkwhoranunopposedfortheoffice ( grandchildren thisspring. three grandchildren,andareexpectingtwoadditional community of Alma. live ontheirhouseboatthatismooredintheBuffalo County They plantoreturn Wisconsin inthesummersandwill interesting”) untiltheyfindahomeonFlorida’s gulfshore. home andarelivinginatrailer(“that’s beensomewhat eighth-grade Englishandalsoisretiring–havesoldtheir new sort:sheandherhusband,KirbyBerg –whoteaches the DepartmentofEmergency Management. claimed bythepersonwhohadforgotten it:thedirectorof while, Igotworried.” staff noticedabriefcaseinthe courthouseelevator. office. reception areasothatnoonecouldgetintooroutofthe from aseizureatherfrontcounter, blockingoff thesmall woman whohadjustbeenbroughtupfromthejailcollapsed It wasn’t longbeforeshereturnedtotheclerk’s office. just once,brieflyagreeingtoserveasthecounty’s treasurer. very difficult knowingwheretodrawtheline.” without alawyerandtheywantourhelp,”shesaid.“It’s which Berg describedasincreasinglycomplex. been withtheoffice for35years,handlessmallclaims, Berg, isretiringattheendofyear. Stewart, whohas days beforecomputerizationisSallyStewart, who,like office whohasbeenaroundlongenoughtorememberthe Deschutes County delegation(acircuitcourtjudge, acourt discussion sessions overatwo-dayperiodwiththe Kenosha totalkabouttheiroperation. saw thattheyinvitedstaff fromDeschutesCountytovisit supervisor RonaldRogers,wasso impressedbywhatthey Clerk ofCircuitCourtGailGentz; andsocialwork group, whichincludedDistrict Attorney RobertJambois; the operationsofDeschutesCountyFamilyCourt. The Mary K. Wagner ledadelegationtoBend,Oregonview unified familycourtinlate2003,whenDeputyChiefJudge scheduling conferencesevery60days. The judgestayscloselyconnectedwiththefamily, the parentsareeagertodoworktheyhaveagreeddo. Another memorableday, post-9/11, LucenteBerg andher The couplehasablendedfamilyoffivegrownchildren, Lucente Berg notedthattheoneotherpersonin Replacing LucenteBerg isMargaret “Peg”Feuerhelm,a Lucente Berg saidsheisreadynow foradventuresofa She finallycalledthesheriff andthebriefcasesoonwas “It justwentupanddownallday,” shesaid.“Aftera On oneparticularlymemorableday, sherecalled,alarge “I missedtheexcitement,”shesaid. In her28yearsintheoffice, LucenteBerg triedto leave “People cometothecounterandthey’reproceeding That visitoccurredthissummer, andincludedaseriesof Kenosha Countytookitsfirst,criticalsteptowarda ). „ see Unified see separate on page 22 Justice ShirleyS. Abrahamson ispresident. A Conference ofChiefJustices,which convened inMarch1999. tribal forumsincluding Wisconsin’s, whichwas drawing ontheworkandexperienceofmany justice systemwillparticipateintheprogram, divisive litigation. reduce orforestallunnecessary, duplicative,and comity, mitigateintersystemconflicts,and develop solutionsthatwillfosterrespectand and serviceagencies. The objectiveisto three courtsystems,lawenforcementpersonnel, communication andunderstandingamongthe and provideaforumfordiscussionofstrategiesbuilding Justice National ConferenceofChiefJustices.j representatives oftheU.S. Department ofJustice,theNationalCenterforState Courts, theNationalJudicialCollege,and the threecourtsystems;experts fromFoxValley Technical College’s CriminalJusticeCenterforInnovation; and symposium onfederal-state-tribal courtrelations.Theplanninggroupincludesjudges,lawyers,andadministratorsfrom the American Bar Association JudicialDivision, addressesthefirstmeetingoforganizersforinauguralnational Judge CharlesCloud,aretiredstate courtjudgewhohasbeenselectedtochairtheTribal Courts Council,anewcommitteeof The symposiumistentativelysetforfall2005. tribal courtrelationstobeheldonlandinGreenBay. P Supreme Court rules hearingsgolive rules Court Supreme proposed changes totherulesthatgoverncourts andthe (wicourts.gov) for twoyears. available liveandinanarchiveon the Web site from the Web. each proceedingwillthenbekept inanarchiveaccessible live beginningwiththeOctober 27 ruleshearing.Shesaid Cornelia Clarksaidaudiooftheproceedingsareavailable on theInternet.SupremeCourt/Courtof Appeals Clerk Planning for national tribalconference isunderway T cross-sectionofpeoplewhoworkinthe A The symposiumisaprojectoftheNational Titled Audio fromSupremeCourtoral argument hasbeen The Courtregularly takestestimonyanddebates a first-evernationalsymposiumonfederal,state,and lanning meetingsthisfallarelayingthegroundworkfor October whenitmadeitsruleshearingsavailablelive he Wisconsin SupremeCourthit anothermilestonein , thesymposiumwillhighlightcollaborationefforts Walking onCommonGround: PathwaystoEqual break inthesession. Chief Justice Abrahamson chats withplanninggroupparticipants duringa Technical Collegeisorganizing theevent. Assistance willfundthismajornationalsession.Fox Valley grant fromtheU.S.DepartmentofJusticeBureau www.WalkingOnCommonGround.org. For moreinformationonthesymposium,visit format. office alsoismakingavailabletherulespetitionsinPDF expanded toincludetwocourtcommissioners. Court PlanningandPolicy Advisory Committeeshouldbe regulated andwhetherthemembershipofSupreme focused onwhetherparalegalsshouldbelicensedand practice oflawin Wisconsin. The October27hearings www.wicourts.gov/supreme/petitions_audio.htm The ruleshearing livelinkandarchivescanbefound at: In additiontoanaudioarchiveof thehearings,Clark's „ Photo credit:CourtCommissionerJulie A. Rich Photo credit:KathleenSitter, Legislative „ Reference Bureau

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THE THIRD BRANCH Waukesha CourtSelf-HelpCenter Inner-City SchoolsPartnership Chief JudgeKathrynW. Foster ae fleadership Faces of I Restorative JusticeProgram Judge DennisG. Montabon LEADERSHIP faces ofthosewhomwehavehighlightedoverthelastthreeyears. We hopetheycontinuetoinspireyouashaveus. n 2001,webegantohighlighttheleadershipefforts ofjudgesandotherswhoworkinourcourtsystem.Belowarethe Unified FamilyCourt Milwaukee County Judge Carl Ashley Judge LisaK.Stark Waukesha County Eau ClaireCounty La CrosseCounty Security Training Program Judge DaleT. Pasell Unified FamilyCourt Wisconsin Courthouse La CrosseCounty Court ReporterRecruitmentEffort A. JohnVoelker Tribal CourtJurisdictionProtocols Chief JudgeEdwardR.Brunner Statewide Judge William M.Gabler Eau ClaireCounty Barron County Inner-City SchoolsPartnership Judge JohnJ.Perlich La CrosseCounty Judge Jeffrey A. Wagner Drug Court Milwaukee County Foster HomeConversionProject Judge ChristopherR.Foley Judge GeraldW. Laabs Children intheMiddle Jackson County Milwaukee County Small-Claims Video Milwaukee County Jon W. Sanfilippo Judge Maxine A. White Milwaukee County Color ofJustice Wisconsin courts Wisconsin Chinesejudgesvisit Russian, including JeanBousquet,SherylGervasi,DavidHass,Pam meetings forherwithanumberofcourtadministrators, District Court Administrator GailRichardsonsetup the rolesofvariousplayersinjuvenilecourt. a JuvenileDivisionmeetingthatincludeddiscussionof the invitationofPresidingJudgeSarahB.O’Brien,attended has watchedanumberofcourtproceedingsandrecently, at Chief JudgeMichaelN.NowakowskiinDaneCounty. Cao thatmatchedherwith exchange programthroughtheUW Abrahamson, whohastaughtinRussia. to Madison,wheretheymetwithChiefJusticeShirleyS. Milwaukee CountyCircuitCourtjudges. They thentraveled courts inMilwaukeeandsatonthebenchwithseveral to meettheircounterpartsintheU.S. emerging leadersinRussia’s federalandlocalgovernments undertaken directlybytheCongress,isdesignedtobring program administeredbytheU.S.Congress. September throughtheOpen World Program,anexchange Court thisfall. circuit courtsin Wisconsin aswellthestateSupreme a behind-the-scenes tourofSupremeCourtchambers. Justice N.Patrick CrooksgaveJudgeRebeccaCao ofChina of RussianswhowerevisitingtheWisconsin courts. Chief JusticeShirleyS. Abrahamson metwithadelegation ICNI CONNECTS WISCONSIN The Chinesejudge,RebeccaCao,isparticipatinginan The visitingjudgesfirstvisitedthestateandfederal The program,whichistheonlyexchangeeffort The Russians,alongwithtwointerpreters,visitedin Because ofCao’s interestinjudicialadministration, Five RussianjudgesandajudgefromChinavisited ethical conduct. ethical issuesfacedbyjudgesandsanctionsforimproper members ofjudicialconductcommissions,highlighting trouble whentheappropriatecasedoesarise,”Petersonsaid. concern thatthepledgesandpromisesclausecouldbein numberofspeakersexpressed not beforethecourt,“A on theconstitutionalityofthatclausebecausewas deciding casesacertainway. prohibits judicialcandidatesfromcommittingthemselvesto close cousin”–thepledgesandpromisesclausethat have suchaclause,itdoeswhatPetersoncalled“a legal andpoliticalissues. While Wisconsin doesnot elections fromannouncingtheirviewsondisputed codesthatprohibited candidatesforjudicial states’ session formedia,andsatinonachiefjudgesmeeting. spent timeattheSupremeCourttoobserveanorientation with ClerkofCircuitCourtJudyColeman,DaneCounty, Radloff, NancyRottier, and Amanda Todd. Caoalsomet Minnesota v Peterson attends ethicsconference standards onnational works jury Barland said. the U.S.SupremeCourtdecisioninRepublicanPartyof appointee tothe Wisconsin JudicialCommission. on JudicialConductandEthics.Petersonisarecent conference, whichwasoffered bytheNationalCollege District III,wonascholarshiptoattendtheOctober recent ethicsconferenceheldinChicago. Supreme Courtdecisionwasamongthehighlightsofa deliberating for more thansixhours. unanimous incivil casesunlessthejuryhasbeen comprised of12membersandthat verdictsshouldbe controversial suggestionsarethat mostjuriesshouldbe civil casesduringthecourseof case. The most taking, askingquestions,andpermitting thejurytodiscuss be significant”andwillinclude encouragement ofnote was amajortask.Barlandreported that“Thechangeswill cuts wasworsethanin Wisconsin.” most recentbudget.FromwhatIheardtheimpactof reported. “TheCaliforniajudiciarywasseverelyhurtbythe travel tab.Barlandtraveledonhisowndime. conference indicatedthattheirstateswouldpickupthe budget constraints. armload ofworkandaperspectiveontheeffects ofstate returned fromtheannualmeetingin Atlanta withan Judges (NCSTJ),ReserveJudge Thomas H.Barland livelydiscussionoftheimplicationsa2002U.S. A As adelegatetotheNationalConferenceofState Trial The NationalCollegeprogramwasdesignedfor While theWhite White “One ofthemostinterestingdiscussionsconcerned Judge Gregory A. Peterson,Courtof Appeals Revising the American Bar Association JuryStandards “Everyone complainedofbudgetcutbacks,”he Barland saidthatnoneofthe45judgeswhoattended ruled unconstitutionaltheclauseinmany . White [536 U.S.765(2002)],”Peterson court specificallysaiditwasnotruling „ Gregory A. Peterson Gregory A. Judge

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Fall PEOPLE 2004 “Malloy won’t judge merits of substitutions” headlined a National Association for the Advancement of Colored THE THIRD BRANCH column in the September 4 edition of the Milwaukee Journal People (NAACP). The magazine began publishing in 1910 Sentinel. Columnist Mike Nichols noted that Judge Paul V. with the African-American scholar Malloy received 32 substitution requests in the first six W.E.B. DuBois at the helm. He months of 2004. This compared to three for Judge Joseph stayed for 24 years, building a D. McCormack and none for Judge Tom R. Wolfgram. journal with an international Malloy declined to speculate for the newspaper about why reputation for excellence. he attracts more substitution requests, except to note that he The Clerk of Circuit Court handles a high-volume criminal calendar. Attorneys praised Office in Outagamie County was his intellect and demeanor. Nichols also noted that Judge recognized by The Post-Crescent Michael O. Bohren, Waukesha County Circuit Court, (Appleton) for its participation in a attracted 59 substitution requests in the same six-month pilot project to make filling out period. Tabulating substitution requests is a favorite activity juror questionnaires easier and Justice Louis B. Butler Jr. of journalists, but past coverage often has focused on faster by giving the potential Milwaukee County Circuit Court, where judges like Ralph jurors access to them online. “I anticipated at first we would Adam Fine – who is now on the Wisconsin Court get maybe 5 to 10 percent taking advantage of it, but this of Appeals – and Diane S. Sykes – now on the past month it was 29 percent,” said Clerk of Circuit Court Seventh Circuit Court of Appeals – once attracted Ruth Janssen (see separate story, page 6). scores of substitution requests. Racine is the first county in the state to use the Secure An acid-tongued order from the U.S. District Continuous Remote Alcohol Monitor, an ankle bracelet used Court for the Western District of Texas caught the to monitor the blood-alcohol level of people who have been eye of Judge John R. Race, Walworth County arrested for drunk driving. The Racine County Circuit Court Circuit Court. Race passed along a copy of the judges told the Milwaukee Journal Sentinel that the devices order, which was written by Judge Sam Sparks, an would likely be ordered for people appointee of President George Bush Sr. Chastising who are third- or fourth-time Judge John R. Race the lawyers for both parties, Sparks lamented that, offenders. “When the undersigned accepted the appointment Judge William D. Dyke, Iowa from the President of the United States of the position now County Circuit Court, is credited held, he was ready to face the daily practice of law in with launching the successful federal courts with presumably competent lawyers. No one program Road Crew, which is warned the undersigned that in many instances his reducing drunk driving. The responsibility would be the same as a person who supervised program charges $5 to $10 for rides kindergarten….” to and from bars using older-model Sparks, who is known for inserting original rhymes into limousines – which have proved Judge William D. Dyke his opinions, ended the order by warning the lawyers that, if more popular than the vans that they did not improve their conduct, he might require the initially were offered. A $300,000 federal grant from the parties to hire new counsel. “The Court,” he wrote, “simply National Traffic Safety Administration put the wheels under wants to scream to these lawyers, ‘Get a life’ or ‘Do you Road Crew, and the program now is self-supporting. have any other cases?’” A tiny publication produced by an Appleton-area Chief Judges Michael J. Rosborough, Vernon plumber reminded Justice David Prosser Jr. and Judge County Circuit Court, and Michael P. Sullivan, Harold V. Froehlich of their days together in Washington, Milwaukee County Circuit Court, joined Justice D.C. Froehlich was a member of David Prosser Jr. to participate in a discussion Congress and Prosser was his top and workshop entitled, “Funding Circuit Courts in aide in 1973 when the nation was Wisconsin” at the September annual conference of feeling the pinch of a number of the Wisconsin Counties Association in Milwaukee. shortages. “The paper industry was Milwaukee County Board Vice Chair Richard D. particularly distressed about the Nyklewicz served as moderator. shortage of pulp,” Prosser recalled. Prosser also administered the oath of office to “It was being shipped to Canada the new president of the Wisconsin Counties because of the price controls here in Justice David Prosser Jr. Association, Joseph Maehl, at the annual banquet. the U.S.” Pulp, of course, is a key Maehl is a longtime ingredient in toilet paper and it Judge Harold V. Froehlich Winnebago County Board supervisor; he succeeded James wasn’t long before Prosser, having heard some toilet-paper- Ehrsam of La Crosse County. related concerns on the Hill, penned a press release that The historic appointment of Justice Louis B. Butler Jr. raised the specter of a t.p. shortage. “I believe I wrote, ‘A to the Wisconsin Supreme Court will be noted in an toilet paper shortage is a problem that will touch every upcoming edition of The Crisis, the national magazine of the see People on page 18 banquet. keynote speaker atElCentro’s secondannual Waukesha CountyCircuitCourt. Ramirezwas poses withJudgeRalphM.Ramirez of El CentrooftheHispanic CommunityinBeloit, Betty Villalobos-Hallmann, executivedirector of Judge DaleT. Pasell Allan “Pat”Torhorst Judge first timethatI’veseenthevictim’s pointofview,” one a lastingimpressiononthoserequiredtoattend.“Itwasthe courtroom. Torhorst technology, reported surfaces, andinstallingwiringtosupportmodern reconfiguration ofthejudge’s bench,refinishingthewood included installationofnewfloorsandceiling, the timetobeheardgoesalongwaytowardimproving each casethetimeandattentionitdeserves.Givingpeople volume ofsmallclaimscaseschallengesthejudgestogive them. Pasellalsotoldthe claims courttobesurereadalloftheinformationgiven comment. The “shortage”storysoonfounditswayinto sensation, withmediaoutletshoundingFroehlichfor American,’” herecalled. The releasecausedanational PEOPLE The Victim ImpactPanel(VIP)inDodgeCountyhasleft is thefirstjudgetousenewlyremodeled continued frompage 17 The JournalTimes La Crosse Tribune made useofaninterviewwiththe Crosse CountyCircuitCourt, paper shortageareality. supermarkets, makingthetoilet consumers cleanedoutthe day, 20millionrampaging monologue and,thefollowing Johnny Carson’s who arebeingsuedinsmall La Crosse Tribune cases areheardintheRacine strong astheythought,”hesaid. about ortheirclaimwasn’t as area oflawtheydidn’t think it becauseit’s eitherregardingan a rulingandthey’resurprisedby into courtandthejudgewillmake “Oftentimes, peoplewillcome outcome, hetoldthenewspaper. months ofwork. The renovation formally reopenedafterseven County Courthousehasbeen Judge The courtroomwherefamily Dale T.Pasell . Judge Tonight Show that thehigh to urge people have victims The panels since March. program VIP drivers tothe Allan “Pat” repeat drunk been sending judges have Circuit Court County Dodge Dam). The (Beaver Daily Citizen told the defendant , La member drugcourttreatmentteam, whichhasspentmore treatment court.Stark isamemberofthecounty’s nine- middle ofOctoberwhenthecounty openeditsfirstdrug made headlinesinthe Impact Panel. The business, Waupaca Countyinaugurated itsown Victim created. the resourcesuntilarestorativejusticedirectorpositionwas John R.Storck Judges address theoffenders anddiscusstheirpersonalexperiences. Wlawgraduates. UW Wisconsin –GreenBayandatthe10-yearreunionof1994 Law SchoolandgavespeechesattheUniversityof Crooks alsorecentlylecturedonthesametopicatUW Federalism” totheschool’s FederalistSociety. Importance ofState ConstitutionsinaSystemof Notre Dame,todeliveraspeechentitled,“The who returnedtohisalmamater, The LawSchoolat of the Wisconsin Association ofSchoolBoards. of-Life Issues,”andaddressedtheannualconference Hospital on“Wisconsin CourtCasesInvolvingEnd- Bay, presentedataconference atMadison’s Meriter Wisconsin CountyCode Administrators inGreen was keynotespeakeratthefallconferenceof conference forState PublicDefendersin Milwaukee, independent judiciary;shethenaddressedtheannual Whitewater, whereshespokeontheimportanceofan Student Government Week attheUniversity of Wisconsin – on citizenshipandeducation;inOctober, sheparticipatedin Public Instruction’s annualconferenceinMadison,speaking superintendents, teachers,andstudentsattheDepartmentof September 23,sheaddressed250school demand onthespeakingcircuitthisfall.On saying. “It’s yourcommunity–youareresponsible.” initiative,” the law enforcement,andsocialservices.“Take the community’s problemsinthehandsofgovernment, He toldtheaudienceofabout200nottoleave still oneofaveryfew–Hispanicjudgesinthestate. first language,Ramirezwasoneofthe–andis son ofmigrantworkerswhospokeSpanishastheir Hispanic Community’s secondannualbanquet. The Ramirez the courthouse. washeldinthebasementof start theprogram. The first VIP corrections workers;andMothers Against DrunkDrivingto enforcement; socialservicesrepresentatives;community joined withlocaldefenseattorneysandprosecutors;law Raymond S.Huber Also indemandisJustice Waukesha CountyCircuitCourtJudge ormnh fe h og onyVPopenedfor Four monthsaftertheDodgeCounty VIP Judge Justice Andrew P. Bissonnette was thekeynotespeakeratElCentroof Lisa K.Stark Ann WalshBradley Beloit DailyNews had longchampioned VIPs butdidnothave Iola Herald and ClerkofCircuitCourt Eau Claire Leader-Telegram , EauClaireCountyCircuitCourt, N. PatrickCrooks reported thatJudge , has beeninhigh Daniel W.Klossner quoted himas see People Ralph M. Terrie Tews , on page 19 in the , and Justice N.PatrickCrooks Judge LisaK.Stark

THE THIRD BRANCH 2004 Fall 17 18

Summer PEOPLE continued from page 18 2004 than a year setting up the court. “It’s not a get-out-of-jail- he discovered that he’d been assigned to walk with Woods THE THIRD BRANCH free card,” Stark said. “It’s not an easy program. It’s for Saturday’s and Sunday’s rounds. Ehlers called the intensive supervision.” Stark said the drug court treatment experience “awesome” and noted that Woods took the time team will consist of two judges, two corrections officials, a to shake his hand and introduce himself, and each day gave prosecutor, a public defender and three treatment him a Nike ball that he had marked for play. „ experts/social workers. The team will evaluate each applicant for the program and will closely monitor the progress of those who are accepted. A Kenosha attorney’s name was listed on a newspaper ad urging the public to turn out for an unusual memorial service for a man and woman who were killed when a man who was leading police on a high-speed chase crashed into the back of their vehicle. The memorial was held on the courthouse steps immediately prior to the defendant’s sentencing hearing. In Judge D. Todd Ehlers addition to urging anyone who had ever been the victim of a crime to attend, the ad listed the name of the sentencing judge and the time and place of the sentencing hearing. “Golfing with Tiger,” a story in the Door County Advocate, revealed that Judge D. Todd Ehlers’ golf stories no longer begin with his hole-in-one (1991, Celebrating their successful completion of an intense, three-day Alpine, Egg Harbor, No. 6 Red, 136 yards, 9 iron). workshop on domestic violence issues (at which Wisconsin reportedly Now, he’ll tell you first about walking Whistling Straits had the largest and most vocal team), Judges Ralph M. Ramirez, with Tiger Woods for two days during the PGA Waukesha County; Maxine A. White, Milwaukee County; Andrew P. Bissonnette, Dodge County; Faye M. Flancher, Racine County; and championship. Ehlers volunteered as a walking scorer, Milwaukee Judges William W. Brash III, and William Sosnay strike a meaning that he would be assigned to a group of golfers pose atop the steps to the Philadelphia Museum of Art that was and keep track of their game, stroke by stroke, and enter immortalized by Sly Stallone in Rocky. This group was part of a the information on a computer that would flash the contingent of 13 Wisconsin judges who traveled to Philadelphia on a numbers via satellite to the leader board, to the news federal grant to participate in Enhancing Judicial Skills in Domestic Violence Cases, an October program of the National Conference of media, and to the Internet. These numbers are tallied Juvenile and Family Court Judges. Not pictured, but participating in against the official scores kept by the golfers. Ehlers the workshop, were Judges Patrick M. Brady, Marathon County; John had no assignment for the first day of the tournament A. Damon, Trempealeau County; Philip M. Kirk, Waupaca County; and the second day he was assigned to Nick Faldo, James L. Martin, Dane County; Dennis G. Montabon, La Crosse Charles Howell, and Michael Campbell. That night, County; Scott R. Needham, St. Croix County; and Donald A. Poppy, Calumet County.

OBITUARY

Judge James A. Martineau Marinette County Circuit Court Judge James A. Martineau, replaced him, Charles D. Heath, who served until 2001 and who served for 12 years in now is a reserve judge. Marinette and surrounding Martineau received his law degree from the UW Law counties as a circuit judge, died School in 1931. He married, moved to Oconto, and October 19 in Marinette. He practiced law. During World War II, he entered the U.S. was 98. Navy, serving in tough campaigns in the Pacific, including Martineau was elected in the Battle of Okinawa. When he returned, he became active 1965 and reelected until 1971. in the American Legion and was made the Wisconsin He served until 1977, when he Legion’s state commander. He served on the state Veterans reached age 70, which was then Affairs Committee, and was appointed by Gov. Gaylord Judge the mandatory retirement age Nelson to the Governor’s Blue Ribbon Tax Advisory Panel. James A. Martineau for judges. The year he retired, Martineau’s wife, Louise, preceded him in death, as did the provision of the 1955 constitutional amendment that set his son, Ted, and three grandchildren. Surviving him are two the retirement age was removed. Martineau served as a sons and a daughter, 10 grandchildren, and 11 great- reserve judge until 1986, often filling in for the judge who grandchildren. „ no legitimateplacetospendthatmoney.” legitimate placetospendpublicmoney,” hesaid,“thereis is necessary. “Ifthecriminaljusticesystemisnota worthwhile efforts tosafeguardagainstwrongfulconvictions Gundrum, afiscalconservative,agreedthatfunding enforcement tooleverforceddownourthroats.”) that oneMinnesotapoliceofficer labeled“thebestlaw mandated theaudiotapingofallpoliceinterviews,amove learned thattheMinnesotaSupremeCourt10yearsago to seeallpoliceinterrogationsvideotaped(participants professors fromthe Wisconsin InnocenceProjectwouldlike standards forstatepublicdefenderrepresentation.Law Judges andmanyotherswouldliketoseerevisedincome charged ratherthanwaituntil thetrialisreadytobegin. analysisbeforeapersonis attorneys wouldliketoseeDNA associated withimprovingthesystem.Forexample,district its reportandrecommendationsthiswinter. Judiciary Committee. The task forceisexpectedtorelease Berlin), isanattorneywhoalsochairsthe Assembly Court. The taskforcechair, Rep.MarkGundrum(R-New Court, andRandyR.Koschnick,Jefferson CountyCircuit W. Fleishauer, PortageCountyCircuit representatives includingJudgesFrederic a cross-sectionofjusticesystem did notcommit. 17 yearsinprisonforasexualassaulthe man whowasexoneratedafterspending response tothewrongfulconvictionofa work ofthe Avery Task Force,formedin Office. Showcasedatthesessionwas Midwest Council ofState Governments’ the Office ofJudicialEducationandthe sponsored thesessionincooperationwith wrongful convictions. about whatcanbedonetoprevent 200 peopleandsparkedalivelydebate convention hallwithanaudienceofabout A hundred judges, lawyers, andlegislators. preventing wrongful convictions,drewacrowdof several Addressing InjusticesintheJustice System Addressing Injustices Addressing The Avery Task Forceiscomprised of The JointLegislativeCouncil Much ofthedebateatseminarfocusedoncosts the JusticeSystem fall seminar, Addressing Injusticesin , packeda makes powerful points „ , aseminaron a numberofjudgesfoundtroubling. Wisconsin’s crimelabis“prettygood”–anobservationthat at New York’s Yeshiva University, toldthegroupthat Project andprofessoroflawattheCardozoSchoolLaw Atty. BarryC.Scheck,co-directoroftheNational Innocence Milwaukee County CircuitCourt. Court of Appeals, DistrictIV; andJudgeJeanW. DiMotto, Justice LouisB.ButlerJr.; JudgePaulB.Higginbotham, systems tosafeguardagainstmistaken identity. Fromleft, The threelevelsofcourtlistento thecaseforimplementing

THE THIRD BRANCH 2004 Fall 19 20

Summer Supreme Court hosts reporters 2004 udges are retiring and judicial compensation THE THIRD BRANCH Jdoesn’t seem to increase; will this lead to a ‘brain drain’? Why don’t the justices give reasons when they recuse? Is there a need for legislation that would require, in the event of a recusal, adding a temporary justice to avoid tie votes? Four Supreme Court justices and the chief judge of the Wisconsin Court of Appeals fielded these questions and many more as part of a three-hour orientation for reporters held on October 13. This was the fourth orientation that has been offered in the last eight years; it brought in eight reporters from TV, radio, and print. In response to a question from Steve Walters, a 16-year veteran of the Capitol Press Corps, Chief Justice Shirley S. Abrahamson expressed concern that looming retirements of many experienced judges may cause problems if the courts are unable to attract high-quality jurists due to the relatively low pay. Wisconsin judges are the lowest paid in the Midwest. The chief justice also explained, in response to questions, that a law requiring the addition of a judge when a justice recuses him/herself might be a solution in search of a problem. Although the Court reached Justice Ann Walsh Bradley leads Shawn Johnson, Wisconsin Public tie votes in several cases when Justice Diane S. Sykes Radio’s state government reporter, and Jenny Price of the Associated recused herself because of her pending confirmation Press on a tour of chambers as part of the Supreme Court media to the U.S. Court of Appeals, tie votes are, overall, orientation. Here, she explained the chief justice’s need for two unusual. desks. Chief Judge Tom Cane explained how caseloads Web site, Justices Jon P. Wilcox, Ann Walsh Bradley, and N. are equalized among the four appellate districts and Patrick Crooks gave tours of the chambers area. discussed how the publications committee decides which The morning ended with a tour of the Office of Lawyer decisions merit publication. Regulation, where Deputy Director John O’Connell After Court Information Officer Amanda K. Todd explained the workings of the system and fielded a half- conducted a tour of resources available on the court system hour of questions from reporters. „

Chief Judge Tom Cane, Wisconsin Court of Appeals, District III, explains to journalists that, on occasion, two districts of the Court of Appeals issue opinions that conflict with one another. ˆ and useeachmeasure. clear andspecificinstructionsonhowtocalculate,interpret, complexity. Somecomplainedthatthestandardslacked were overwhelmedbytheirsheernumberand the 1990workwereamajoraccomplishment,manycourts area ofjudicialadministration. Although the68standardsin administrators, anelectedclerkofcourt,andscholarsinthe 12-member commissionofstateandlocaljudges,court Standards publishedin1990afterthreeyearsofworkbya ˆ ˆ ˆ NCSC The 10CourtTools: CourtTools buildsonthe Trial CourtPerformance Are feasibleandpractical. Are outcomefocused;and Follow thefundamentalmissionandvisionofcourts Provide anecessaryandimportantbalancedperspective; efficient caseadministration,andfairnessequality; in theareasofaccessandpublicservice,prompt ˆ ˆ ˆ ˆ ˆ ˆ The 10CourtTools The Access andFairness Clearance Rates Time toDisposition Age of Active PendingCaseload Trial DateCertainty Reliability andIntegrityofCase Files respect. customers intermsoffairness,equality, and the court’s accessibilityanditstreatmentof as apercentageofthenumberincomingcases. frames. disposed, orconcluded)withinestablishedtime disposed orotherwiseconcluded(i.e.,resolved, filing untiltimeofmeasurement. measured astheaveragenumberofdaysfrom age ofactivecasespendingbeforethecourt, before theyareheard. times casesscheduledfortrialsarerescheduled percentage offilesthatcanberetrieved within continued frompage 2 – The numberofoutgoingcases – The percentageofcases – Ratingsofcourtuserson – The averagenumberof – The average – The – The ˆ ˆ ˆ ˆ adapted tofityourcourt’s needs. reviewing CourtTools todeterminewhetheritcanbe impartial justicetothepublic.Ihopeyouwilljoinmein pendence thejudicialbranchneedstodeliverfairand administration ofjusticeiscriticaltomaintainingtheinde- impact thatresourceshaveonacourt’s performance. jury utilization,thestrengthofacourt’s workforce,andthe ment, clericaloperations,theenforcementofcourtorders, fairness andintegrityofcourtprocesses,caseflowmanage- that mayhelptoassessthepublic’s accesstojustice,the the publicandprivatesectors. The resultisasetofmeasures other successfulperformancemeasurementsystemsusedin Court PerformanceStandards withrelevantconceptsfrom to integratethemajorperformanceareasdefinedby Trial www.ncsconline.org. CourtTools willbeavailableinJanuary2005at Collection ofMonetaryPenalties otprCase Cost per Court WorkforceStrength Effective useofJurors Being responsiveandaccountablefortheefficient In designingCourtTools, theNationalCenterattempted lished standardsforcompletenessandaccuracy. established timestandards,andthatmeetestab- a singlecase,bythecasetype. satisfaction. levels ofefficiency, effectiveness, andcustomer workplace surveyquestionsassociatedwithhigh court employeesrespondingpositivelyon which prospectivejurorsareused. jurors available.Juryutilizationistherateat percentage ofthetotalnumberprospective qualified andreporttoserve,expressedasa number ofcitizensselectedforjurydutywhoare court. fines, fees,restitutionandcostsorderedbya timelines, expressedasapercentageoftotal collected anddistributedwithinestablished – The averagecostforprocessing – Juryyieldisthe – The percentageof „ – Payments

THE THIRD BRANCH 2004 Fall 21 The Third Branch (608) 267-0980 fax [email protected] e-mail (608) 264-6256 phone Madison, WI53701-1688 P.O. Box1688 Court InformationOfficer Amanda K.Todd and articleideasto: Send questions,comments, court system. interest totheWisconsin Office, providingnewsof Director ofState Courts quarterly publicationofthe The ThirdBranch C. ColleenFlesher Graphic Design/Layout Court Iowa CountyClerkofCircuit Carolyn Olson District TenCourt Administrator Gregg T. Moore Vernon CountyCircuitCourt Hon. MichaelJ.Rosborough Editorial Committee A. JohnVoelker Jim Pingel Tina Nodolf Kerry Connelly Shirley S. Abrahamson Contributing Writers C. ColleenFlesher Associate Editor Amanda K.Todd Editor A. JohnVoelker Director ofState Courts Shirley S. Abrahamson Chief Justice www.wicourts.gov is a human race. Every timeIseeanadultonabicyclenolongerdespairforthefuture ofthe longway home The Unified area nearthecourthouseonadarkNovember of Hoffmann’s accidentsoccurredinawooded serious, theaccidentshaveleftafewscars.One themselves.” who haven’t gotthegutsto bite people loath peoplewhokeepdogs. They arecowards Strindberg, aSwedishplaywrightwhosaid,“I well-known quotefromcyclist August have requiredstitches.” The commentevokesa usually getbitbyadogonceyear, butnobites the wayhometoaddmiles. a consistentroutetowork,andthenvariesiton celebrated amilestone:60,000miles.Hefollows miles onthebikeeveryweek;thisfall,he between MayandSeptember, puttingabout160 hour experience.Hebikestoworkeveryday absolutely morerelaxingthantheaveragerush- J operate inKenosha. questions about how aunifiedcourtmight Kenosha juvenile andfamilycourt,answered their court,discussedobservations ofthe was abletoexplainhowtheyprocess casesin and interestedmembersofthepublic. enforcement officers, courtstaff, electedofficials, judges, attorneys,socialworkers,law The finalsessionbroughttogetheragroupof60 with thejuvenileandfamilycourtsinKenosha. and 11 professionalgroupsthatregularlywork administrator, andajuvenilejusticeconsultant) While thedogincidentshavenotbeen “I’ve hadacouplecrashes,”hesaid,“andI During thesemeetings,theDeschutes staff commute ispossiblymorehazardousand udge JohnP. Hoffmann’s 50-minutedaily continued frompage 12 and viewthebeautiful Wisconsin countryside.” four yearsago).Ienjoybeingabletobeoutdoors run anymoreduetomyhips(Ihadonereplaced relaxation andfitness,”hesaid.“I’mnotableto keep himdownforlong. it. That accidentalsowrecked hisbike,butdidn’t was wearingahelmet–andtheaccidentcracked not wearingahelmet.”Hoffmann, fortunately, hospitalized withaconcussion,”hesaid.“Hewas bike andHoffmann hithimbroadside.“Hewas a youngboycameoutofblinddrivewayon before meacoupleoftimes.” life passbeforehiseyessincehehadappeared old driverrealizedwhohehadhitIcouldseehis had notseen)andstruckme. When the18-year- car keptturning(intoadrivewaythatHoffmann Hoffmann recalled.“Ikeptveeringrightbutthe carturnedleftintomypath,” evening. “A a grantfromthe State JusticeInstitute. sponsoring theconsultants werepaidforthrough unified familycourtinKenosha County. a committeetoexploretheestablishment ofa Wagner announcedthatshewouldbeestablishing families. At theconclusionofmeeting, to improvingserviceschildrenandtheir services andthereisacounty-widecommitment research-based services,thereisacontinuumof were verypositive.Kenoshahasawealthof Another, moreseriousaccidentoccurredwhen The visittoDeshutesCountyand thecostsof The observationsmadebytheDeshutesstaff “I enjoybikingfortherecreationand at 6:30. generally beginshismorningcommute Judge JohnP. Hoffmann,who District Atty. Vicke Taggatz trackdown Clintonville policehelped Assistant taken fromasquadcarafter the find thejudge.Thisphotographwas the morning,theyknowjustwhereto need asearchwarrantsignedearlyin When Waupaca Countyprosecutors -H.G. Wells „ „