Spring 2012 Volume 1

The First Annual Justice

Center Campaign

PERMIT NO. 3207 NO. PERMIT

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

PAID

424 E. Wells St. Wells E. 424

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Milwaukee Bar Association Bar Milwaukee PRSRT STD PRSRT

Messenger 1

Regular Features Contents 4 Letter From the Editor Spring 2012 • Volume 1 5 Member News 5 New Members In This Issue: 6 Message From the President 5 Milwaukee Justice Center Expands Hours of Operation 6 Volunteer Spotlight 7 CLE Calendar 8 MBA Memorial Service

11 The Reel Law 8 In a Time of Ever Shrinking Resources for Those in Need, the Milwaukee Justice Center Bucks the Trend by Honorable Carl Ashley, Chair, MBA Community Relations Committee

9 Hizzoner, Esq.: Milwaukee Attorneys Who Have Served as Mayor by Attorney Hannah C. Dugan Be Part of the Messenger Please send your articles, editorials, or 10 Recall in : a Historical Perspective anecdotes to [email protected] or by Attorney Ann S. Jacobs, Domnitz & Skemp mail them to Editor, Milwaukee Bar Association, 424 East Wells Street, 12 Judges Night 2012 / MBA Judicial Forum Milwaukee, WI 53202. We look forward to hearing from you! 14 MBA Seeks Nominations for Annual Awards

If you would like to participate on the 15 The Honorable Patrick T. Sheedy: an Appreciation Messenger Committee, we have seats by Victor Manian, Reserve Circuit Judge available. Please contact James Temmer, [email protected]. 16 Reconstructed and Possibly Imagined Minutes of Special Meeting of Weed Commission (a single member governmental unit) by Attorney Douglas H. Frazer, DeWitt Ross & Stevens

17 Out of Sight, Out of Mind – Not Out of Pocket Mission The MBA Messenger is published by Attorneys Steven J. Teplinsky Statement quarterly by the Milwaukee Bar and Mitchell W. Quick, Michael Best Established in 1858, the mission of the Milwaukee Association, Inc., 424 East Wells Street, & Friedrich Bar Association is to serve the interests of the Milwaukee, Wisconsin 53202. lawyers, judges and the people of Milwaukee Telephone: 414-274-6760 19 The Honorable Dale E. Ihlenfeldt: County by working to: E-mail: [email protected] a Common Touch • Promote the professional interests of the by Honorable James E. Shapiro, U.S. local bench and bar The opinions stated herein are not Bankruptcy Judge • Encourage collegiality, public service necessarily those of the Milwaukee and professionalism on the part of the Bar Association, Inc., or any of its 20 Comprehensive Driver Cell Phone lawyers of Southeastern Wisconsin directors, officers, or employees. The Ban Unlikely • Improve access to justice for those living information presented in this publication by Attorneys Catherine A. La Fleur and working in Milwaukee County should not be construed to be and Colin J. Casper • Support the courts of Milwaukee County formal legal advice or the formation in the administration of justice of a lawyer-client relationship. All 21 MBA Judicial Poll — 2012 manuscripts submitted will be reviewed and for possible publication. The editors • Increase public reserve the right to edit all material for awareness of the style and length. Advertising and general crucial role that information concerning this publication the law plays in the lives of are available from Britt Wegner, the people of telephone 414-276-5931. Milwaukee County.

Messenger 3 MBA Board of Letter From the Editor Directors and Staff The Milwaukee Justice of the MJC depends on the financial support Michael J. Cohen, President Center is the MBA’s of the lawyers who live and practice in our signature community community. Most of us don’t particularly Charles H. Barr, President-Elect service project. The enjoy asking for charitable contributions, Beth E. Hanan, Vice President MBA Foundation, and I’m no exception. I’d much rather wax Patricia A. Hintz, Secretary/Treasurer charitable arm of the poetic or droll in this space (or, to be more MBA, will conduct precise, imagine I’m doing so) about any Directors t h e F i r s t A n n u a l number of other subjects. The business Paul E. Benson Milwaukee Justice at hand, however, is simply too urgent to Michael Best & Friedrich Charles Barr, Editor Center Campaign ignore. This can’t wait until next year. Marcia F. Drame March 19-30, under the rubric of “Access to Therefore, I join President Mike Cohen (see Northwestern Mutual Justice for All.” In this issue of the Messenger (page 8), Milwaukee Circuit Court Judge page 6) and the MBA Board of Directors in Honorable Timothy G. Dugan Carl Ashley succinctly describes the MJC’s appealing for your contribution to the MJC Milwaukee County Circuit Court mission, why our community needs the Campaign in an amount appropriate to your Maria L. Kreiter MJC, and how it is addressing that need. The personal circumstances. Donating couldn’t Godfrey & Kahn campaign materials you’ll receive, as well as be easier. No pledges are involved. Simply go Susan E. Lovern the MJC’s website cited in Judge Ashley’s to www.milwbar.org, click on “Milwaukee von Briesen & Roper article, provide more details. Justice Center,” and use your credit card; or send a check to the MBA Foundation, David G. Peterson As Judge Ashley notes, many thousands who Inc., 424 East Wells Street, Milwaukee, WI Reinhart Boerner Van Deuren don’t qualify under the economic guidelines 53202. Please give not just to support the Thomas H. Reed for legal aid nonetheless can’t begin to most important MBA project of our times, State Public Defender, Milwaukee afford private counsel. And due to the but also to reaffirm the most fundamental Criminal Trial Office severe budgetary pressures on our legal aid premise of our profession: that everyone Honorable Maxine Aldridge White organizations, more than 80% of those eligible deserves meaningful access to justice, Milwaukee County Circuit Court for free legal services can’t actually obtain regardless of economic circumstances. Andrew J. Wronski them. One or both parties appear without Foley & Lardner legal representation in five of six divorce This spring edition of the Messenger has a cases. In paternity, support, and maintenance little bit of everything. Mindful of current MBA Staff actions, 99% of the cases proceed with at least events, we have a brief history of recall James D. Temmer, Executive Director one of the affected persons unrepresented. elections in Wisconsin, and an appraisal of the National Transportation Safety Board’s Katy Borowski, Director of Projects The recent State Bar of Wisconsin Access to Justice Survey found that more than 30,000 recommended ban of all driver cell phone Sabrina Nunley, Director of Continuing economically disadvantaged Milwaukee use. Our “hard law” article—courtesy of Legal Education families face at least two serious legal Michael Best, as always—analyzes a recent Dorothy Protz, Accountant problems every year, and 80% of them do so Seventh Circuit decision on employer Molly Staab, Communication Specialist without any legal help. liability for overtime work. Hannah Dugan, our resident legal historian, reviews the Britt Wegner, Director, Lawyer These are the folks who turn to the MJC for lawyers who have served as mayors of Referral & Information Service help navigating the legal maze. Although it Milwaukee. We have fond remembrances of Yvonne Wittlieff, Office Manager has been in operation less than three years, two long-serving judges, Patrick Sheedy and the MJC has already made significant inroads Dale Ihlenfeldt, who have left us. We reveal MJC Staff on the pro se epidemic, and with expanded the results of the MBA’s Judicial Poll. And, Dawn Caldart, Executive Director hours in 2012 (see page 5), we can expect on the lighter side, regular contributor Doug Ayame Metzger, Legal Director an even more positive impact going forward. Frazier illuminates the solemn proceedings Based on 2011 performance, for every dollar of an obscure, albeit peculiarly efficient, Contact Information spent on the MJC by the MBA Foundation municipal agency. Milwaukee Bar Association, Inc. the community received more than eight 424 East Wells Street dollars of value in the form of volunteer We hope you enjoy this issue of the Milwaukee, WI 53202 legal assistance. On a national level, this Messenger, and we thank you for ignoring Phone: 414-274-6760 impact has not gone unnoticed: the MJC was the press of business long enough to peruse Fax: 414-274-6765 honored with the inaugural Partnerships for our humble publication. We close on the www.milwbar.org Success Award at the 2011 American Bar optimistic note we’ve sounded in every Association Annual Meeting. spring edition since our “glossy” era began: somewhere, thousands of miles away, Notwithstanding its success, however, the pitchers and catchers have reported. truth is that the MJC’s continued existence — C.B. is far from a sure thing. Simply put, survival 4 Spring 2012 Welcome New MBA Members! Member Nicholas Anderson, Quarles & Brady Travis S. Laird, Godfrey & Kahn Jeffrey M. Barrett, Michael Best & Molly Lawson, Michael Best & Friedrich News Friedrich M. Scott LeBlanc, Godfrey & Kahn Ricky C. Benjamin, Whyte Hirschboeck Timothy T. Lecher, Reinhart Boerner Van Dudek Deuren Reinhart Boerner Van Deuren Danielle M. Bergner, Michael Best & Brian J. N. Marstall, Michael Best & announced the addition of shareholder Martin Friedrich Friedrich P. Tierney to the firm’s Michael L. Bohn, Whyte Hirschboeck Geoffrey Misfeldt, Kohler & Hart Employee Benefits Practice. Dudek Jeffrey A. Morris, Reinhart Boerner Van The firm also announced James M. Burrows, Reinhart Boerner Van Deuren the addition of Kenny W. Deuren Daniel C.W. Narvey, Godfrey & Kahn Hoeschen to its Intellectual Martin P. Tierney Thomas G. Cannon, Legal Aid Society of J. Bushnell Nielsen, Reinhart Boerner Van P r o p e r t y Milwaukee Deuren Practice, and Douglas J. Carroll Jr., Carroll Law Firm Chris Nickels, Quarles & Brady a s s o c i a t e Bryan Cecil, Hansen Reiderer Dickinson Steven A. Nigh, Michael Best & Friedrich Matthew S. Crueger Andrew J. Paprocki, Michael Best & Vanderpool to Jennifer Collins Friedrich its Health Care Margaret Daun, City of Milwaukee Jared M. Potter, Stafford Rosenbaum Practice. Toni Leann Davidson, Balancing the Steven L. Ritt, Michael Best & Friedrich Kenny W. Hoeschen Matthew S. Scales of Justice Joshua Chad Rittberg, Gray & Associates Vanderpool Erica Jeung Dickey, Michael Best & Kelly R. Rourke, Michael Best & Friedrich Friedrich James M. Schleicher, Michael Best & R e i n h a r t John Dodds, John F. Dodds & Associates Friedrich B o e r n e r Andrea J. Fowler, Quarles & Brady Douglas E. Selky, Michael Best & Friedrich Van Deuren Benjamin Glicksman, Kravit, Hovel & Joan M. Shepard, Nistler Law Office named four Krawczyk Timothy C. Smith, Godfrey & Kahn shareholders. Brandon R. Gutschow, Quarles & Brady Richard W. Silverthorn, Whyte Lisa Nester Alexander B. Handelsman, Reinhart Hirschboeck Dudek Kass is a member of Boerner Van Deuren Benjamin E. Swoboda, Michael Best & Lisa Nester Kass Rebecca Frihart Thomas Hart, Quarles & Brady Friedrich t h e f i r m ’s Kennedy Laura A. Hawkins, Godfrey & Kahn Guy R. Temple, Reinhart Boerner Van Litigation and Brian W. Jacobs, Michael Best & Friedrich Deuren I n t e l l e c t u a l Lindsey M. Johnson, Whyte Hirschboeck Leah R. Thomas, Mastantuono Law Offices P r o p e r t y Dudek John K. Tokarz, Reinhart Boerner Van P r a c t i c e s ; R e b e c c a Timothy J. Kamke, Reinhart Boerner Van Deuren F r i h a r t Deuren Michelle M. Wagner, Michael Best & Kennedy of Christophe E. King, Michael Best & Friedrich Friedrich its Litigation Michael R. Knoeller Kathryn West, Whyte Hirschboeck Dudek Joseph W. Voiland Nathan J. Wautier Practice and Laura Konkel, Michael Best & Friedrich Peter J. Wyant, Reinhart Boerner Van Deuren Product Liability and Safety Service Practice; Joseph W. Voiland of its Litigation, Employee Benefits, and Government Relations Practices; and Nathan J. Wautier of its Real Estate and Institutional Milwaukee Justice Center Investor Services Practices.

Expands Hours of Operation Congratulations On January 30, the Milwaukee Justice Center law forms assistance are available in Room to the Law Office of substantially expanded its hours of service to 106 of the Courthouse from 2:00 – 4:00 Robert A. Levine unrepresented litigants. Family law forms p.m. on Thursdays and Fridays. Hours and assistance is now available in Room G-9 service information is also available on the for submitting the largest of the Milwaukee County Courthouse on MJC website, www.milwaukeejusticecenter. LRIS check for case percentage Monday through Wednesday from 8:30 com. Over 211 people were helped during fees in 2011! a.m. – 12:00 noon and 1:00 – 4:00 p.m.; the Center’s first week of expanded hours, Keep up the great work, and on Thursday and Friday from 8:30 a.m. compared with 97 the previous week. panel members! – 12:00 noon. Brief legal advice and family Messenger 5 Message From the President Volunteer Attorney Michael J. Cohen, Meissner Tierney Fisher & Nichols Spotlight One of the most judiciary in Milwaukee County and will be enjoyable events of the in good hands for years to come. Kashoua Yang year is Judge’s Night. Attorney Kashoua Yang is This year’s event was We are in the process of launching our an associate with Hawks no exception. Thanks first annual fundraising campaign for the Quindel, located in the in part to cooperative Milwaukee Justice Center (“MJC”). The historic Third Ward. Her weather, the turnout campaign will run during the last two weeks areas of practice include was once again in March. We are employing the “United family law, worker’s exceptional, with over Way Model” of calling on a leader in each compensation, and social 370 in attendance, firm to serve as a point person to solicit security disability. including 56 judges. donations from other members of the firm. As lawyers, it is all too easy to get caught We are recommending a $150 per lawyer K a s h o u a h a s performed a wide range up in the day-to-day fights of our adversarial donation, or whatever individuals can afford. of volunteer work for the MBA. She has system and forget that one of the great As you have read and heard over the last submitted several questions and answers attributes of our profession is collegiality. several years, the MJC is clearly meeting a to the MBA’s Ask-A-Lawyer blog through Mary Wortley Montague, an English author need, serving over 8,000 clients per year, and Milwaukee Magazine, given presentations from the late 1600s, once stated, “Civility doing great things. For more information on to various audiences through the MBA’s costs nothing and buys everything.” One of the MJC, please see Judge Ashley’s article, Speaker’s Bureau, and accepted cases the things I enjoy most about Judge’s Night “In a Time of Ever Shrinking Resources through the LRIS Modest Means Panel. is that it provides an excellent opportunity for Those in Need, the Milwaukee Justice for us to take off our armor; have a drink and Center Bucks the Trend,” in this issue; Kashoua believes education is the most a laugh with opposing counsel, past, present, and visit http://milwaukee.gov/MJC. The important aspect of the volunteer programs and future; and mingle casually with judges comments we hear from the many volunteers in which she has participated. It is important before whom we have the great honor to engaged in this project are consistent: the to her that individuals understand their rights appear to argue our clients’ causes. It gives MJC is making a substantial difference. I and make informed decisions. She strongly us all, bench and bar, an opportunity to meet really cannot say enough good things about disagrees with the proverbial saying, “What new people, build relationships, and see and this program. The problem is that we only you don’t know can’t hurt you,” especially be seen in a slightly different light. I strongly have the funds to operate for a few more when it comes to legal rights. Therefore, believe these types of social interactions years, and need greater financial support to Kashoua considers the efforts of legal clinics greatly enrich us as lawyers and strengthen make this worthwhile project sustainable and volunteer legal programs important, the bonds of our fine profession. Thanks again in the long term. Please join me and your because they represent an opportunity to to Katy Borowski and the rest of the MBA colleagues in your firm and the bar in making educate the public about its rights. staff for their fine work in making this event a modest individual financial commitment a success again this year. The food, music, that will have truly lasting results. Thank you In addition to her work with the MBA, venue, and, of course, the conversation, were in advance for your support of the MJC! Kashoua tries to contribute where she is all truly first rate, as usual. most needed, while balancing the demands Our winter has been remarkably mild, of family and work. Much of her volunteer I had an opportunity to take in the Judicial and spring is around the corner. Enjoy the work is on an ad hoc basis. There are some Forum on February 1 at the MBA for the progressively warmer weather and we will volunteer programs, however, in which candidates seeking election to Milwaukee see you at the Annual Meeting in June. Kashoua routinely participates. One example County Circuit Court Branches 17, 23, and is pro bono representation in divorce and 28. Given the current political environment other family law matters. She also volunteers in our state and the nation, it was refreshing as a mentor to high school students, and to witness candidates (who are non- as a lawyer at Voces de la Frontera’s legal partisan) discussing issues and platforms clinic. Most recently, Kashoua has been Upcoming Events: volunteering at the Milwaukee Justice in a professional and civil manner without resorting to ad hominem personal attacks Center. Additionally, she is in the process of and backbiting. Congratulations to all of the Law Day May 1 working with Hmong leaders in Milwaukee candidates—Christopher Lipscomb, Judge to establish a legal clinic for the Hmong community. Nelson Phillips, Carolina Stark, Hannah May 4 Dugan, Lindsey Grady, and Mark Sanders— Memorial Service for their fine presentations. I left that event For her energetic and varied contributions to impressed with all of the candidates, and Annual Meeting June 12 pro bono and other volunteer work, Kashoua with the comforting feeling that regardless Yang has richly earned the Volunteer of who prevails in the contested races, we Spotlight! will continue to build on an already strong Golf Outing August 1

6 Spring 2012 Learning about a case from intake to trial: the basics of document organization; how to CLE Calendar use computer technology to your advantage; A discussion of the expectations of a how to use informal and formal discovery March - May 2012 mediator techniques; the basic rules of privilege Presenters: David W. Paulson, David W. and document disclosure; and how to use March 7, 2012 Paulson Law Offices; Richard L. Zaffiro, discovery requests, motions to compel, MBA Mentoring Committee American Family Mutual Insurance subpoenas, and depositions. This seminar The Ethics of Mentoring Company will assist you with managing high document- Why mentoring is good for both new and Noon – 12:30 (Lunch/Registration) volume cases and offer new approaches experienced lawyers, with a focus on SCRs 12:30 – 1:30 (Presentation) using the latest technology available. Presenters: Agatha Raynor, Crivello Carlson; 1.0 CLE credit Presenters: Frank T. Pasternak, Pasternak Catherine La Fleur, La Fleur Law Office & Zirgibel; James P. Denis III, Reinhart Noon – 12:30 (Lunch/Registration) March 19, 2012 Boerner Van Deuren; Brent D. Nistler, Law 12:30 – 1:30 (Presentation) Taxation Offices of Brent Nistler; Joseph W. Voiland, 1.0 CLE Ethics credit A View from the Bench Reinhart Boerner Van Deuren; Jennifer Presenter: Honorable Julian I. Jacobs, United Naeger, Reinhart Boerner Van Deuren March 8, 2012 States Tax Court 8:30–9:00 (Continental Breakfast/Registration) MBA Presents Noon – 12:30 (Lunch/Registration) 9:00–12:30 (Presentation) Sabermetrics Comes to Circuit Court: 12:30 – 1:30 (Presentation) 12:30–1:00 (Lunch will be provided) Applying EBDM in the Criminal Division 1.0 CLE credit 1:00–4:00 (Presentation) The criminal division is implementing four 7.0 CLE credits / 6.0 NFPA CLE credits / 6.0 initiatives for applying data-driven research March 22, 2012 CLA credits and cost stewardship to criminal justice. The MBA Bench/Bar Probate Committee initiatives involve fundamental changes to A View from the Bench March 30, 2012 the way judges and court commissioners set Special administration procedures for Real Property bail and make release decisions, and to the foreclosure and personal injury matters Trends in Tax Incremental Financing way prosecutors make decisions whether Presenters: Honorable William W. Brash Presenter: Deborah C. Tomczyk, Reinhart to charge offenders or divert or defer III, Milwaukee County Circuit Court; Boerner Van Deuren prosecution. Come hear how Milwaukee is Honorable Jane Carroll, Milwaukee County Noon – 12:30 (Lunch/Registration) leading the nation putting data and research Circuit Court; Commissioner Patrice 12:30 – 1:30 (Presentation) to work to hold offenders accountable, reduce Baker, Milwaukee County Circuit Court; 1.0 CLE credit crime and recidivism, and give taxpayers Lindsey Grady, Deputy Register in Probate, April 19, 2012 a better return on the dollars they invest in Milwaukee County Circuit Court; Amy MBA Presents criminal justice. Wochos, Probate Administrator, Milwaukee Trust Account Management Presenter: Honorable Richard J. Sankovitz, County Circuit Court Presenter: Mary Hoeft Smith, Office of Milwaukee County Circuit Court Noon – 12:30 (Lunch/Registration) Lawyer Regulation Noon – 12:30 (Lunch/Registration) 12:30 – 1:30 (Presentation) Noon – 12:30 (Lunch/Registration) 12:30 – 1:30 (Presentation) 1.0 CLE credit 12:30 – 1:30 (Presentation) 1.0 CLE credit March 23, 2012 1.0 CLE Ethics credit March 13, 2012 Family Law May 18, 2012 Health Law Milwaukee Family Court Judges - Live MBA GAL Subcommittee, Bench/Bar An Overview of the Affordable Care Act and in Concert! Part VI! Family Law Committee, and Family and the Role of Exchanges in Health The Milwaukee County family court judges Law Section Reform discuss several areas of family law practice. Eleventh Annual Guardian Ad Litem This presentation will discuss the Moderators: Gregg Herman, Loeb & Herman; Update background, formation, and implementation Greg Hildebrand, Hanson & Hildebrand Presenters: TBA of the Affordable Care Act, as well as the Panelists: Honorable Michael Dwyer, Location: Law School, ways in which new, affordable insurance Honorable Carl Ashley, Honorable Elsa Eckstein Hall, Room TBA exchanges will expand coverage, inject Lamelas, Honorable Daniel Noonan, and Noon - 12:30 (Lunch/Registration) transparency into the insurance market, and Honorable Frederick Rosa 12:30 - 4:00 (Presentation) ensure essential health benefits. 12:30 - 1:00 (Registration) No Lunch 3.5 CLE/GAL credits Presenter: Kenneth Munson, Director, U.S. 1:00 - 4:00 (Presentation) Department of Health and Human Services, 4:00-5:00 (Reception-Hors d’oeuvres & Wine) Region V 3.0 CLE credits Noon – 12:30 (Lunch/Registration) March 29, 2012 12:30 – 1:30 (Presentation) Paralegal Association of Wisconsin 1.0 CLE credit & Greater Milwaukee Association of March 14, 2012 Legal Professionals,co-sponsors Alternative Dispute Resolution (ADR) Litigation Skills for Legal Staff in Mediation Wisconsin Messenger 7 MBA In a Time of Ever Shrinking Memorial Resources for Those in Need, Service The MBA will host its annual Memorial the Milwaukee Justice Center Service on Friday, May 4, at 10:45 a.m. in Room 500 of the Milwaukee County Bucks the Trend Honorable Carl Ashley, Chair, MBA Community Relations Committee Courthouse. Chief Judge Jeffrey A. Kremers will preside. Below is a list of attorneys and Members of the MBA’s Community are without means and on an often circuitous judges who will be honored at the service. If Relations Committee recently toured the path, to resolve their legal issues. This writing you know of others who should be included Milwaukee Justice Center (MJC). We is an overview of that amazing effort. on the list, please contact Katy Borowski at were impressed, not because we weren’t 414-276-5933 or [email protected]. aware of the project and its commitment to The following law firms are involved as pro Julius Robert Atkins assisting unrepresented litigants, but rather bono project sponsors: Foley & Lardner; Dennis J. Barry because we learned that despite a climate of Reinhart Boerner Van Deuren; Michael Best Arthur J. Blumenthal conflict and discord in so many aspects of & Friedrich; O’Neil, Cannon, Hollman, James J. Bonifas our society, the Milwaukee Justice Center DeJong & Laing; Hinshaw & Culbertson; and Edward Richard Cameron is a refreshing example of a successful and Quarles & Brady. The MJC’s website (www. David J. Cannon powerful collaboration. milwaukeejusticecenter.com) provides a Eric “Jack” Curtis detailed listing of all volunteers, as well as Thomas G. Duggan For years, the legal system has been adjusting a review of the MJC’s history, programs, Dwight Holmes Ellis III to an ever larger group of litigants who are annual reports, and future plans. Terence T. Evans not represented by attorneys, particularly in Leslie E. Fischer family and civil proceedings. Litigants who The MJC is an example of the legal Nathan A. Fishbach file inadequate paperwork or misunderstand community, from experienced lawyers to Harry Franke the process may find themselves inadvertently young lawyers and law students, recognizing Seymour Gimbel slowing down an already slow process, or the gap in our legal system and, without any P. Gregory Gregory Francis P. Havey what is worse, may find their cases dismissed financial return, giving freely their time to Lawrence James Hayes and be required to start over again. help fill the widening void between the need Harlow J. Hellstrom and the means to obtain private counsel. In Allan A. Hindin The MJC is a collaborative project among the 2011, the MJC served 8,072 clients. There Reginald M. Hislop Jr. Milwaukee Bar Association, the Milwaukee were 368 volunteers, including attorneys and Dale E. Ihlenfeldt Bar Foundation, Milwaukee County, and law students, who donated a total of 7,577 Ernest G. Johannes Marquette University Law School. The pro bono hours. The value of that volunteer Gerald J. Kahn underlying philosophy of the project is that service is estimated at $650,000. See the Ruth LaFave self-represented litigants have a fundamental MJC’s 2011 annual report for more details Robert D. LeMense right to access the justice system, even if they of the volunteer effort. Paul Phillip Lipton cannot afford an attorney or do not qualify John Kevin McCormick for legal aid. The MJC has four ways to assist Timothy Francis Mentkowski unrepresented litigants: Christine F. Meyer Generally, self-represented litigants who Thomas K. Mullins earn more than 125 percent of the federal Self-Help Desks: Joseph Peters poverty guidelines do not qualify for free Self-Help Desk volunteers assist William James Riggins legal services. In 2010, a single person unrepresented litigants with completion of Walter P. Rynkiewicz earning more than $13,538 or a family of forms and provide step-by-step instructions David A. Sayas four earning more than $27,563 annually for filing in family law cases. Service is Robert W. Schroeder is considered ineligible for most free legal provided on a first-come, first-served basis. Patrick T. Sheedy assistance. These families struggle to pay Legal advice is not provided at the Self-Help John Lawrence Sheehy for basic necessities: rent, groceries, and Desks. Robert “Bob” Silverstein utilities. Thus, when faced with civil legal Gordon H. Smith Jr. Michael R. Smith issues, many have no choice but to access Appointments: Sandra E. Stein the courts without counsel. Unrepresented litigants meet with volunteers, Dana Stern in one-half hour appointments, to complete Robert D. “Bob” Sullivan The MJC strives to address the substantive divorce paperwork. Legal advice is not Allen Marcus Taylor and procedural barriers facing unrepresented provided during appointments. Lisa D. Thornton litigants so that they can better navigate the legal system. The MJC represents an William M. “Bill” Walsh continued page 14 James Thurston Whiting extraordinary example of the commitment Lawrence Willenson of various individuals to help people, who 8 Spring 2012 Hizzoner, Esq.: Milwaukee Attorneys Who Have Served as Mayor Attorney Hannah C. Dugan

This spring will bring the quadrennial election Milwaukee in 1836 (the same year his two uneventful one-year term as mayor during for mayor of Milwaukee. Tom Barrett, the mayor-lawyer predecessors did so), he worked the outbreak of the Civil War, 1860-1861. incumbent on the ballot, is the most recent as an editor of Milwaukee’s first newspaper, Arguably, he led Milwaukee twice—first Milwaukee mayor who also is a licensed The Milwaukee Advertiser, which trumpeted as the President of the Board of Trustees of attorney. This article reviews attorneys who ’s settlement activities. After a Milwaukee in 1845. have held this mayoral post, and identifies few months, Crocker directed his efforts away some of their contributions to the Wisconsin from business to law and government. He was An 1841 Harvard Law School graduate, Lynde justice system.1 admitted to the bar in 1837 and practiced moved to Wisconsin and was admitted to the law until 1844, during which time he also bar shortly thereafter. In 1842 he founded Since the city’s incorporation in 1846, 40 men served as Judge Advocate General of the the law firm of Finch & Lynde, focusing 2 have held the office of mayor. Of those 40, Wisconsin Territorial Guard; Secretary to the his practice on commercial and admiralty 14, or about 30%, have been lawyers. Of the first territorial governor, Henry Dodge; and law. The firm, through continuous operation 14, only four actually attended law school. Wisconsin delegate to the Republican National and direct succession, exists today as Foley Interestingly, in a time before ethics codes and Convention that nominated fellow lawyer & Lardner, making it one of the oldest law rules, the early mayor-lawyers continued their Abraham Lincoln. “In 1845 he forsook the law firms in the country and a Milwaukee legal private practices during their tenures. and devoted himself to real estate and other institution. Within two years of the firm’s business enterprises in which he accumulated founding, Lynde accepted appointment as Who were the 13 mayor-lawyers who the Wisconsin Territory Attorney General in preceded Mayor Barrett? a handsome fortune” and held a host of powerful positions related to government 1845, and one year later accepted appointment The second Milwaukee mayor was the first utilities and railroad administration. as the United States Attorney for Wisconsin. lawyer elected to the office—. He held numerous other state and federal His one-year mayoral term from 1847-48 Crocker’s successor, James B. Cross, stayed legislative offices. was remarkable in that at the same time, he in the mayoral office for three one-year terms beginning in 1855. This 1841 New York Lynde was succeeded by James S. Brown, a served as President of the Territorial Council lawyer who came to Milwaukee in 1843 via and contributed to drafting the Wisconsin transplant came to Milwaukee to practice law (including an appointment as city attorney), Maine and Ohio. Brown’s one-year mayoral Constitution. Wells studied law in Burlington, term, beginning in 1861, was remarkable Vermont and practiced in the East for several and also eventually to create law as a three- term assemblyman. Cross served as the first in two respects: he oversaw both the first years prior to moving to Wisconsin in 1836. purchase of a steam fire engine and the “famous For the decade prior to becoming mayor, Wells probate judge under state law. His noteworthy contribution to the justice system as mayor bank riot” of 1861. His prior legal practice had a distinguished career as a practicing included an 1846 election as Milwaukee lawyer, and from 1850 to 1854 he served as was the authorization and creation of the Milwaukee Police Department.3 County prosecuting attorney and appointment Milwaukee’s first county judge. His prestige as Wisconsin’s first attorney general for two and his life were cut short at age 50, however, The first Milwaukee mayor to study in a law years beginning in 1848. After his mayoralty, when “he became a victim of drink and died Brown was elected to Congress. Due to in 1858 a physical wreck.” school was . He served an continued page 21 Don A.J. Upham, elected to two consecutive one-year mayoral terms in 1849 and 1850, also moved to the Wisconsin Territory in 1836 from the East. He studied law privately in New York and then practiced in Delaware for a few years. After practicing law in Wisconsin four years, he was elected in 1840 to the Territorial Council. In 1846, he served as President of the Wisconsin State Constitutional Convention, leading the drafting of the state’s constitution. The temperance movement created disturbances and clashes with Upham during his 1849-50 term. Eight years after Upham served as mayor, President James Buchanan appointed him as United States Attorney for the District of Wisconsin, a position he held for three years until 1861. The sixth man to hold the mayoral office, , served a single one-year term in 1853-54. Crocker was born in Ireland, emigrated to New York, and privately studied law in . When he moved to Messenger 9 Recall in Wisconsin: a Historical Perspective Attorney Ann S. Jacobs, Domnitz & Skemp

With “recall mania” descending upon unchanged since then.3 Article XIII, Section Senator Gary George became the second Wisconsin, it is enlightening to look back 12 begins: Wisconsin legislator to be recalled, due to at the history of recalls in Wisconsin―both his votes against expansion of gambling in how the right to institute a recall came to The qualified electors of the state, of Milwaukee in 2003.10 exist, and how that right has been used. From any congressional, judicial or legislative that review, it becomes clear that Wisconsin’s district or of any county may petition It is against this historical backdrop that the recall right has been used predominantly to for the recall of any incumbent elective recall elections of 2011 and 2012 must be vote out legislators due to discontent with a officer after the first year of the term for considered. There is, in fact, no historical single issue, not misconduct in office. which the incumbent was elected, by basis for the claim that a recall must be filing a petition with the filing officer based upon some sort of wrongdoing. In fact, Wisconsin’s 1848 constitution did not with whom the nomination petition as can be seen from the recalls―successful originally include a provision to recall elected to the office in the primary is filed, and not―the predominant basis for recall officials. In 1914, a constitutional amendment demanding the recall of the incumbent. has been a legislator’s votes or actions was proposed by the Progressive Party to related to a single issue. This has been true permit recalls. The voters decisively defeated Notably, Wisconsin’s constitutional recall nationwide, where recalls on a single issue that amendment by a margin of nearly two procedure does not require “grounds” for are more commonly successful.11 Even to one.1 Despite that loss, Governor John J. recall, such as malfeasance or corruption. where political advantage was in play (as Blaine, also a member of the Progressive This is not unusual. Of the 19 states that in the recall of Senator Petak), the recalls Party, advocated for the recall right as a permit recall, only eight require specific were predominantly driven by a single issue 4 part of his platform and in his State of the grounds. (such as the stadium, gambling, or tribal State address. When Wisconsinites were The fact that specific grounds are not compacts). asked again in 1926 whether they wanted required for recall has led to various recall to amend the state constitution to include Wisconsin’s law creates a “brake” on petitions―some successful, some not―for the recall process by requiring that recall a right of recall, they narrowly adopted the a wide variety of reasons. The first attempt amendment.2 petitions be signed by a number of persons to recall a state senator occurred in 1932, equal to 25% of the total vote for governor That amendment has remained essentially when Otto Mueller was subject to a recall in the state, county, or district of the elected election for not responding official, and cannot be filed until the official to a roll call and vote by has been in office one year.12 As seen in the 5 then-governor LaFollette. recent petition for recall of Governor Walker, Mueller won the recall which required over 540,000 signatures, the election handily, retaining signature requirement creates a substantial his seat with over 60% of hurdle for recall petitioners. This may well 6 the vote. In 1990, Senator explain why Wisconsin’s recall powers have James Holperin also been employed so sparingly over the past 85 successfully navigated a years. recall election—prompted by his actions regarding Compare Wisconsin’s recall power with spearfishing rights of the the right of impeachment―a right also Chippewa tribe—receiving enshrined in the Wisconsin Constitution. over 64% of the vote.7 While the two processes have the same potential outcome (removal of an individual In 1996, Senator George from office), the path and requirements are Petak became the first far different. Article VII, Section 1 provides: legislator to be recalled “The assembly shall have the power of in Wisconsin. The recall impeaching all civil officers of this state for was started because Petak corrupt conduct in office, or for crimes and had voted in favor of a misdemeanors.” Impeachment requires a tax increase to pay for majority vote of the Assembly. In addition, Milwaukee’s Miller Park.8 impeachment contemplates a trial in the At the time, Senator Petak’s Assembly. A recall, however, results in party (Republican) held another election. a one-seat majority in the Wisconsin Senate, leading Impeachment can be carried out very quickly to the concern that his recall compared to recall. Whereas recalls are not was an attempt to wrest even permitted for the first year a person control of the senate away holds office, an impeachment can occur at from the Republicans.9 State continued page 18 10 Spring 2012 The Reel Law Attorney Fran Deisinger, Reinhart Boerner Van Deuren

Breaker Morant by morality, because the British fear German to the tribunal suggesting that their valor Directed by Bruce Beresford reaction to the missionary’s death, and are should entitle them to immediate release, 1980; 107 minutes looking for a way to end the war via treaty the chief judge harrumphs a rejection of the with the Boers themselves. argument into his moustache and orders the As with all genres, “legal” movies have some trial to proceed. The fix is in. recurring variants. This issue’s subject, the The film moves quickly from its opening into Australian-made movie Breaker Morant, the courtroom scenes, as it skillfully uses Unlike most trial movies, there is no victory qualifies in several sub-genres. First, it’s the narrative method of intercutting present at the end for the defendants. The British a military movie involving a court martial and past events. Soon, another common empire wants scapegoats, and it gets them. tribunal. Second, the military court is British. theme in legal movies is introduced―the Morant and Handcock are executed, Witton And last, it deals with that specific and cruelly inexperienced defense lawyer who turns out imprisoned, and Thomas disillusioned. ironic kind of court―the kangaroo court. to be pretty good at what he is doing. In this But part of the genius of the storytelling Although the three soldiers on trial in Breaker case the lawyer is Major Thomas, played by in Breaker Morant is that even though we Morant are Australian, that is no pun. an excellent Australian actor with whom I know the defendants have been railroaded, am otherwise unfamiliar, Jack Thompson. we also know how terrible the killings were The story takes place in British South Thomas is an Australian country lawyer who in which they participated. Africa near the next-to-last turn of the is assigned to defend the three accused officers century―during the awful Boer War. For The true pleasures in this movie for the the day before the trial begins, and admits to viewer are in the skillful acting and directing, those who have forgotten their world history, his clients he wrote wills and land titles down the Boers were European settlers, generally the great sets, and the glorious scenery of under. But as is common in the movies, his first the veldt. The courtroom is particularly of Dutch descent, in south and southwest cross examination goes well, and he is off and Africa. As the British sought to establish noteworthy for its brutal spareness, befitting running. Ultimately his defense of the men is both the nature of a court martial and the their own colony in what became South a variant of “they were following orders,” but Africa, they fought two wars with the Boer time and place. And as with any film set while it seems apparent everyone knew the in an unfamiliar place or culture, there are settlers. The second, the setting here, was orders, no one in authority will admit to them. particularly cruel; it started as a conventional wonderful moments of local color. Every war but devolved into guerilla warfare. The chief judge of the tribunal, played with time Major Thomas enters the courtroom, Indeed, the word “commando” is a Boer term wonderful British disdain for the “colonial” for example, he uses an exaggerated that came into use during this war. Because defendants and defense counsel, frustrates choreography of steps and turns in practiced the British were facing irregulars supported Thomas at every turn. Quite uniquely for a military deference that is as entertaining as a by their own farms, they instituted a barbaric courtroom drama, the trial is interrupted by a dance number. campaign of imprisoning Boer families in Boer attack on the base where it is being held. Breaker Morant deserves four gavels. concentration camps, where many died of The prisoners are let out of their cells to fight, hunger and disease. which they do admirably. As the trial starts again and Major Thomas cites precedent The three lieutenants on trial in Breaker Morant are the title character Harry “Breaker” Morant, Peter Handcock, and George Witton, the first two of whom are played by Edward Woodward and Bryan Brown, who also appeared in many American films. The three are leaders of an army unit made up largely of Australian volunteers called the Bushveldt Carbineers. a light cavalry force designed to fight the Boer commandoes on their own terms. In the aftermath of a savage ambush in which their Captain and friend is killed and mutilated, they order and participate in what could fairly be called reprisal killings of the commandoes involved, including the execution of prisoners and the subsequent killing of a German missionary who has seen the doomed prisoners in the Carbineers’ custody. (The Germans were very sympathetic to the Boers.) Charges are brought against them, but the film’s script makes clear that these charges are motivated more by politics than Messenger 11 Judges Night 2012

Approximately 375 guests attended Judges Night, including 56 judges.

Milwaukee County Circuit Court Judges Nelson Phillips and Kevin Martens photos courtesy of Kevin Harnack and the Wisconsin Law Journal

udges ight J 2012N Please join us in Milwaukee County Circuit Court Judge M. Joseph Donald, Attorney Richard Hart, Attorney Cheryl Ward thanking our sponsors.

Fazio U.S. District Court Magistrate Judge Patricia Gorence, U.S. District National Court Judge Lynn Adelman, Milwaukee County Circuit Court Judge Mary Triggiano

12 Spring 2012 Musicians Jeff Hamann and Mark Davis set the casual mood for Judge’s Night.

O’Neil, Cannon, Hollman, DeJong & Laing Attorney Steve Slawinski, Milwaukee County Circuit Court Judge J.D. Watts, O’Neil Cannon Attorney Joseph Gumina, Milwaukee County Circuit Court Judge Dave Borowski, O’Neil Cannon Attorney Steve Strye Need help deciphering a medical file? Judges Night Need a nurse to help a client through the medical maze?

Bill Ward, Wisconsin Court of Cost of care getting Appeals District II Judge Mark you down? Gundrum, MMSD Attorney James Petersen MBA Judicial Forum

Judicial candidates Christopher Lipscomb, Nelson Phillips, Carolina Stark, Hannah Dugan, Lindsey Grady, and Mark Sanders Contact Collaborative Legal Nurse participate in a forum Consulting, Inc. at 262-442-5265, sponsored by the MBA. fax at 866-399-8576 or dharden. [email protected] for legal nurse consulting, case management, or life care planning.

Messenger 13 MJC continued from p. 8

Brief Legal Advice & Referral Clinics: the way the MJC delivers service to self- MBA Seeks The Marquette Volunteer Legal Clinic at the represented litigants by allowing for the MJC is a free, walk-in, legal information and expansion of clinic hours and increased pro Nominations referral clinic staffed by volunteer attorneys bono opportunities.” working with and supervising Marquette for law students. The Clinic’s goal is to provide Michael Cohen, Milwaukee Bar Association unrepresented litigants with basic legal President, added that “it’s extremely Annual information and appropriate referrals on civil gratifying to be involved in this collaboration, legal matters. The Clinic does not take cases and I encourage others to join the effort by Awards volunteering and through financial support or represent clients on an ongoing basis. Do you know of a dedicated, innovative of this worthwhile project. We are launching attorney or judge who deserves public our annual campaign in March and could Website: recognition? The MBA honors individual really use whatever support you can kindly The MJC’s website, launched in 2010, or group achievements with yearly awards provide to help ensure the long-term success receives approximately 4,500 hits a month. at the Annual Meeting. We have four award of this great program.” Unrepresented litigants can find forms and categories: Lifetime Achievement, Lawyer filing instructions for divorce, child support, of the Year, Distinguished Service, and the E. As a legal community, it is gratifying to know custody, small claim, foreclosure, landlord- Michael McCann Public Service Award. The that we have so many that are willing to give tenant, Chapter 128, and name change criteria for these awards give us the flexibility their time and talent to the MJC. It’s making proceedings. The site also provides general to honor any outstanding individuals or a significant impact on access to justice, information about the MJC, copies of annual groups. If you are interested in finding out and that’s no small accomplishment in an reports, testimonials, and information on more about our awards, including a listing environment of ever-decreasing resources. volunteer opportunities. of past winners, or if you wish to nominate someone, please contact Jim Temmer at The MJC’s physical footprint at the 276-5934 or [email protected]. courthouse will soon be expanding, which will allow more privacy and convenience for litigants and volunteers. Dawn Caldart, the Executive Director of the MJC, remarked that “the physical space will transform

14 Spring 2012 The Honorable Patrick T. Sheedy: an Appreciation Victor Manian, Reserve Circuit Judge

Tom Brokaw, who Milwaukee County Circuit Court. that capacity until he retired in 1998. After wrote The Greatest retirement, he continued to serve as a reserve Generation, s a i d , Pat’s innate ability to listen to each side judge. He also continued his service on the “It is, I believe, t h e of a case and bring the parties together in Board of Trustees of the National Conference g r e a t e s t generation settlement was based on his sense of humor, of Metropolitan Courts. any so c i e t y h a s ever enjoyment of speaking to people, experience produced.” He argued in problem solving, and down-to-earth On September 10, 1995, Congressman Tom that these men and common sense. He never held himself out as Barrett entered remarks in the Congressional superior or better equipped than others. His Record, admiring and congratulating Judge Patrick T. Sheedy women fought not for fame and recognition, success was based on a clear application of Sheedy for his public service and civic but because it was the right thing to do. the law, fairness, and compassion, amplified responsibility. In 1998, Judge Sheedy was “When they came back they rebuilt America by his many years of experience and awarded a Lifetime Achievement Jurist into a superpower.” Brokaw was obviously learning. award by the State Bar of Wisconsin Bench and Bar Committee. Judge Sheedy and Judge referring to Pat Sheedy and the people just A classic example of Judge Sheedy’s like him. Peter Pappas of La Crosse are the only two work occurred when I was chief judge. A who have ever received that award. Born October 31, 1921, Pat Sheedy attended complicated civil case with several well- Shorewood High School, and then began his known lawyers had been in the system for too Judge Sheedy’s beloved “Mugs” preceded college education at Marquette University. long. Each time the matter was set for trial, him in death. He joined her on January 13, World War II interrupted his undergraduate there seemed to be a good reason to postpone 2012 at the age of 90. studies. He enlisted in the U.S. Army in it. The case passed through the hands of several judges before it was brought to my Upon contemplating the career and times 1943, and served both in the United States of Judge Patrick T. Sheedy, can there be and overseas. attention. Pat had just assumed the position of circuit judge and I was aware of his any doubt about whom Tom Brokaw was He returned home in 1946, and by 1948 reputation. I called him, explained the delays writing? had graduated from Marquette University and problems that had occurred, and asked Law School. A law degree was not all that him if he would he earned. He also met his wife, Margaret be willing to take Mulvaney, to whom he referred as “Mugs.” the case. I offered They became the parents of six children. to relieve him of his calendar Pat continued his service in the U.S. Army if he needed the 84th Division Reserves, serving as a JAG time to get the military judge from 1965 until he retired case resolved. He with the rank of colonel. Upon his retirement, agreed. I referred Judge Sheedy was awarded the Legion of the case to Judge Merit. Sheedy at 9:00 From 1948 until he assumed the bench, Pat a.m. Just before enjoyed the private practice of law with noon the same associates. His inquisitive mind led him day, he called to John Marshall Law School, which he me and said that attended on a part-time basis. After five years the case had of commuting to Chicago while practicing settled. He asked law in Milwaukee, he earned a L.L.M. degree whether he could with emphasis on taxation. do anything else for me. Pat’s reputation and work ethic continued to receive attention and accolades. He In 1990, the served six terms on the Board of Governors W i s c o n s i n of the State Bar of Wisconsin. He was a Supreme Court long-time delegate to the American Bar appointed Judge Association. In 1974, Pat was elected Sheedy, at the President of the State Bar of Wisconsin. In age of 69, Chief 1979, at the age of 58, having established Judge of the First a successful law practice that included his Judicial District service as a court commissioner and probate ( M i l w a u k e e court administrator, he was elected to the County), and he served in Messenger 15 Reconstructed and Possibly Imagined Minutes of Special Meeting of Weed Commission (a single member governmental unit) Attorney Douglas H. Frazer, DeWitt Ross & Stevens As subscribed by the The Chair opens meeting to public As point of privilege, Lauren K. Commission Secretary: 4 comment. Hearing none, the Chair 11 renews request for scientific name of proceeds to the first item on the agenda. weeds. The Chair invites motion to sponsor Pursuant to Notice alcohol-fueled Latin name memorization and 1 of Meeting posted Concerned property owners Brian B. and dramatic reading challenge. Brian B. seconds in accordance with 5 Lauren K. join Table 18 and place order and calls for question. Motion carries. Open Meetings Law, for pitcher of Heineken, then change order to Weed Commissioner Corona after being informed of post-happy Lauren K. turns out to be splendid calls meeting to order hour special. 12 entertainer. More “concerned Douglas H. Frazer at Bar Louie, Table 18, citizens” join meeting. at 9 p.m. Commissioner seeks unanimous The Chair opens discussion on question consent to appoint himself Chairman and 6 of whether buckthorn and garlic mustard, Discussion as to whether Table 18 Secretary. Hearing no objection, the motion by amendment to ordinance, should be added 13 food and beverage tab may be taken carries. to list of “banned” village weeds. as tax deduction. The Chair takes straw poll. Strong consensus in affirmative. Roll call. The Chair recognizes a Lauren K. raises point of order. She 2 quorum. 7 asks for a report of the Latin names of The Chair moves to recommend subject flora. The Chair admonishes Lauren 14 to Commission that subject weeds The Chair recesses meeting to place K. that she must fill out a speaker’s card to be be added to village “no grow” list, and so 3 order: New Glarus Pale Ale and nachos. recognized. Lauren K. and Brian B. withdraw reported, that Committee of Whole dissolve. Meeting reconvenes. to Table 19 with their pitcher. Brian B. moves to amend motion to strike garlic mustard from list on ground that The Chair calls recess when it appears both garlic and mustard are well-regarded 8 from in-house television monitors that flavoring agents. Motion to amend dies Game is at two-minute for lack of second. Lauren K. seeks point warning. The Chair orders of information on question of whether his own pitcher. Other dissolving Committee of the Whole might “concerned citizens” gather jeopardize aforementioned food and at or near Table 18. beverage tax benefit. Bar owner and wait staff join Table 18. On main motion, “concerned The Chair moves citizen” asks to suspend rules or postpone 9 that the Commission question indefinitely. Motion to suspend refer buckthorn-garlic or postpone adopted by proclamation. The mustard question to newly Chair acknowledges status of Permanent constituted Committee of Standing (But Mostly Sitting) Committee of the Whole. The Chair has the Whole. second thoughts and lodges objection to the Motion. Last call. Committee adjourns sine The Chair acknowledges 15 die. division of the House and calls for question. Motion carries. Milwaukee Bar Association’s Committee elects 10 C o m m i s s i o n e r Chair. The Chair makes Law & motion that Committee permit appointment of Technology citizen members. Motion carries. Without objection, Conference 2.0 all “concerned citizens” at Table 18 appointed Committee members. Table Coming December 2012 19 rejoins Table 18.

16 Spring 2012 Out of Sight, Out of Mind – Not Out of Pocket Attorneys Steven J. Teplinsky and Mitchell W. Quick, Michael Best & Friedrich

Employers continue to be hit with lawsuits seeking overtime pay for all of the time she even suspect that Kellar was working overtime under the Fair Labor Standards Act (“FLSA”) spent performing these “pre-shift” tasks. In in direct contradiction of company policy. and similar state laws in record numbers. defending the lawsuit, the company argued These lawsuits frequently contain allegations that the work performed by Kellar was not While the company ultimately prevailed in the that employers failed to pay their employees compensable because it was preliminary to court of appeals, it is important to recognize for work performed prior to the scheduled start her assigned work responsibilities, was not that that the employer’s victory came only of their shifts, or “off the clock.” In its recent assigned by the company, and was undertaken because it was able to prove its lack of decision in Kellar v. Summit Seating Inc., 664 by Kellar for her own convenience. The court knowledge of work being performed. If the F.3d 169 (2011), the Seventh Circuit Court of appeals, however, found that Kellar’s owners had known or had reason to know of of Appeals addressed the issue of employer activities were an integral and indispensable Kellar’s pre-shift activities, the result would overtime liability for “pre-shift” work when part of her principal work for the company, have been different and Kellar would have the employer had no knowledge or reason to which derived significant benefit from her prevailed, regardless of the company’s policy know that such “pre-shift” work was being efforts. Under such circumstances this “pre- against unauthorized overtime. performed. shift” work would generally be compensable In order to avoid liability for failure to under the FLSA. Summit Seating manufactures seating for pay employees for “pre-shift” or “off the buses. Kellar, an employee who was paid by Nevertheless, the court of appeals found that clock” work, employers must be vigilant the hour, would regularly arrive at the factory the “pre-shift” work performed by Kellar in implementing and enforcing policies 15 to 45 minutes before her scheduled starting was not compensable because the evidence concerning overtime. If unauthorized time of 5:00 a.m. She would punch in upon her showed that the company neither knew nor overtime is prohibited, the company must arrival and then perform tasks such as making should have known that Kellar was working have a clear, disseminated policy, including coffee, reviewing schedules, gathering and overtime. Over the course of eight years of the consequences for unauthorized overtime. distributing fabric and materials to employee employment, Kellar never told the owners, When violations occur, the employer must workstations, and other preparatory activities. who arrived hours later, that she was working enforce the policy and issue appropriate On days when Kellar forgot to punch in, she overtime. Kellar attended the company’s discipline for violations. Employers (and would write her officially scheduled start weekly scheduling meetings and never their supervisors) must be aware of situations time on her time card. The company owners, mentioned that she was working overtime. where employees perform pre-shift, post-shift, who were also Kellar’s supervisors, would Furthermore, she was aware of the company’s or “off the clock” work, and must take steps to typically arrive at the factory between 7:00 policy prohibiting overtime without express prevent it. Such work, even when performed and 8:00 a.m. authorization. Therefore, the court concluded without authorization, will be compensable if that the owners had little reason to know or the company knows of or should know of its Kellar filed a lawsuit under the FLSA performance.

Messenger 17 Recall continued from p. 10 amendment authorizing recalls, it has been http://www.channel3000.com/news/2566326/detail. used to try to recall officials who took html (viewed Feb. 2, 2012). any time. The only process for impeachment specific positions with which the recall 11“Joshua Spivak: Recalling the Mayor of Spokane for is the trial; there are no lengthy periods of organizers disagreed. While we may debate Various Offenses,” http://hnn.us/blogs/entries/18782. html (viewed Feb. 6, 2012). signature gathering, challenges, and the whether a “no grounds” recall petition is a 12Wis. Const., Art. XIII, § 12(1). like as in recalls. This makes sense when good or bad idea, Wisconsin voters have considering the differences in the goals never required malfeasance in office in order of the two procedures. Impeachment is to to begin a recall. remove a corrupt or criminal officeholder, Eastern District of 1 someone whose continued presence in office Wisconsin Historical Society, “Dictionary of Wisconsin History: Recall Elections (in Wisconsin),” Wisconsin Bar could deleteriously affect all aspects of http://www.wisconsinhistory.org/dictionary/index. Association government. In contrast, as discussed above, asp?action=view&term_id=15563&search_term=recall recalls are generally issue-driven, and require (viewed Feb. 2, 2012). 10th Annual Meeting & that a majority of the voters simply agree 2Id. Presentation that the targeted official should no longer 3It was amended in 1981 to permit primaries in recall represent them. Impeachment is driven by elections. Thursday, April 26, 2012 the Assembly, recalls by the electorate. 4National Conference of State Legislatures, “Recall of State Officials,” http://www.ncsl.org/legislatures- 8:00 – 11:30 a.m. CLE The risk of partisan alignment arguably elections/elections-campaigns/recall-of-state-officials. creates the perception of bias in an aspx (viewed Feb. 2, 2012). Plenary session features Dean Joseph impeachment trial. The recall procedure, on 5“Footnote: Only 4 Recall Elections of State Legislators D. Kearney, Marquette University Law the other hand, protects the electorate against in State History; Only Two Successful,” http://host. School, and Dean Margaret Raymond, madison.com/mobile/article_64314b08-570b-11e0- University of Wisconsin Law School the potentially partisan influences inherent in b218-001cc4c002e0.html (viewed Feb. 6, 2012). an impeachment trial. 6Id. 11:30 a.m. – 1:30 p.m. Luncheon Regardless of whether one agrees with 7Id. the recent spate of recalls, it is clear from 8“Recall Fever: Historic Recalls in Wisconsin,” Featuring keynote speaker Collins Wisconsin’s history that misconduct in http://www.wuwm.com/programs/news/view_news. T. Fitzpatrick, Circuit Executive, U.S. php?articleid=7997 (viewed Feb. 6, 2012). office has never been a criterion for recall. Court of Appeals for the Seventh 9Id. Corruption and crimes are the basis for Circuit impeachment. Since the passage of the 10“Gary George Beaten by Coggs In Recall Election,”

18 Spring 2012 The Honorable Dale E. Ihlenfeldt: a Common Touch Honorable James E. Shapiro, U.S. Bankruptcy Judge

I have known Judge Ihlenfeldt for over 40 was handling a case became ill. It was a very When Dale retired in 1996, the Bankruptcy years. I first met him as an attorney appearing complicated case and had reached a crucial Section of the Milwaukee Bar Association before him in bankruptcy court. Later, we stage: a hearing was to be held the next day. decided to give him a present. I knew he was became colleagues after my appointment as Dale was asked to take over this case, and very fond of an old sofa in his office, and a bankruptcy judge. I will refer to him in this time was of the essence. I’m sure that he which formerly was in the office of Judge tribute as “Dale.” It took me a while before spent the better part of the evening before the Tehan. But it was government property, and I started calling him by his first name, but I hearing familiarizing himself with this case. purchasing such property involves a certain think he would have liked that. At the time of the hearing, he knew what the amount of red tape. When I checked with case was all about, and he didn’t miss a beat. the Excess Property Division in Washington, Dale in His Younger Years It resulted in a successful outcome for all D.C., I was told that a notice must be Dale was born in Two Creeks, Wisconsin, in parties. I know because I was representing given for bids, which should be posted in the front bedroom of a farmhouse in 1919. one of the parties. the clerk’s office. However, I was not told He grew up in a rural environment and, as a where to post this notice, so I found a small young lad, drove a horse and wagon full of He was a master in his handling of pretrial corner in a remote location of the clerk’s milk crates to the local cheese factory. conferences. He would call all the attorneys office. Eventually, the only bid came from into his chambers, where the atmosphere the Milwaukee Bar Association Bankruptcy Dale the Student was very relaxed. He was well prepared and Section. The sofa wasn’t really worth much. After Dale moved to Wilmot, Wisconsin, he told the attorneys what he tentatively thought I think we paid somewhere between $25 and graduated very near the top of his class at might be the outcome of the case. But he $50. But it had sentimental value for Dale, the age of 16. He then went to the University acknowledged that the outcome would and he proudly showed me the sofa a few of Wisconsin-Madison starting at age 17 and depend upon the facts. He would not only weeks before he passed away. graduated with honors in 1940. give each of the attorneys pertinent citations, he would actually print out the cases for the Dale the Family Man Dale the Navy Man attorneys to review. Quite often, this led to a Dale truly loved his family. He was married Shortly after December 7, 1941, when settlement. for 57 years. He had six children—Julia, World War II broke out, Dale enlisted in the a pharmacist; Sue, a registered nurse and Navy. He rose in rank from an enlisted man Dale’s reputation as a fair judge, who always teacher; Tom, a CPA and computer expert; to lieutenant junior grade and served as a treated attorneys and clients with respect, is Amy, a wastewater expert with the Wisconsin supply officer on a destroyer. After his return well founded. It didn’t make any difference Department of Natural Resources; Ellen, a from service, he entered law school at the if the debtor was a large company with many CPA working for Milwaukee County; and University of Wisconsin and graduated with employees whose jobs were at stake in a Andy, another computer expert. honors in 1949. chapter 11 case, or an elderly couple fighting to save a home from foreclosure. Everyone And, of course, there was his wife, Elly, who Dale in Public Service who appeared before him was given the time was the love of his life. In his autobiography, He became a law clerk for the Honorable and attention he or she required. Dale said, “The smartest thing I ever did in Robert E. Tehan, a federal judge, whom he my life was to marry Elly. That was the best admired greatly. In 1955, he was appointed His door was always open to his colleagues― day in my life. Our home without Elinore Clerk of the United States District Court, Judges Clevert, Eisenberg, McGarity, and would be like a fireplace without a fire.” a position he held until 1966 when he was me―for advice. I have vivid recollections appointed as a referee in bankruptcy. The title of walking over to his chambers and seeing Shortly after Dale passed away, one of the “referee in bankruptcy” was later changed to Dale sitting at his desk pounding away at first persons I spoke to was Floyd Harris, a United States Bankruptcy Judge, and Dale a beat-up old typewriter, cranking out the close friend of Dale. Floyd said that Dale held that position for approximately 30 years. minutes of his most recent hearing. was a real “mensch.” A “mensch” is a Jewish After he retired, he continued to participate word defined by Leo Rosten in Hooray for in annual bankruptcy programs, in which He had a great relationship with the Yiddish as “an upright and honorable decent he reviewed all of the local bankruptcy Bankruptcy Clerk’s office. Frequently, on person.” When “mensch” is translated from decisions, including mine. He was always his trips to Green Bay for court hearings, Jewish to English it sort of loses its impact. tactful in his remarks. If he didn’t agree with he would take orders for cheese from the If anyone ever asks me, “What is a mensch?” some of my decisions (and that did happen clerk’s office, which he picked up at a store —my response will be: if you knew Dale from time to time), he would ask, “Jim, was in Greenbush. He also from time to time Ihlenfeldt, he was a real mensch. that decision of yours appealed?” I got the went to Racine for court hearings and would picture of how he felt about that case. come back with kringles for all employees in the clerk’s office. When he stopped going Dale the Judge to Racine and Green Bay and I took over This is where I have my most vivid memories that job, I didn’t do that. Obviously, I knew of Dale. I recall one time before I became where I would have stood had there been a a judge when one of the other judges who popularity contest between Dale and me. Messenger 19 Comprehensive Driver Cell Phone Ban Unlikely Attorneys Catherine A. La Fleur and Colin J. Casper Undeniably, many attorneys conduct a phone use or the use of headsets, Bluetooth, phone or other wireless telecommunications significant amount of business―and bill or other hands-free cell phone devices. device while driving.14 Wisconsin Assembly significant amounts of time―via use of their Bill 131 would prevent school bus drivers cell phones while driving. This business Federal Ban? and other professionals who transport practice, and the income it generates, is Given the NTSB’s lack of power, it appears children from using a cell phone or other under potential threat from an unprecedented unlikely the recommendation will become wireless telecommunications device while recommendation by the National a federal law any time soon. The NTSB in the process of transporting children.15 In Transportation Safety Board (NTSB) to ban has no authority to impose or enforce the addition to these bills, State Representative 7 all driver cell phone use. In light of current safety procedures it recommends. Rather, Peter Barca, author of the Wisconsin law, the political landscape, and pushback the agency relies on the publication of its legislation that banned texting while driving, by various interest groups, however, the accident investigation reports to enhance is reportedly developing legislation similar prospect of a comprehensive driver cell transportation safety. Furthermore, U.S. to the NTSB’s recommendation.16 phone ban appears to be remote. Transportation Secretary Ray LaHood, whose agency does have federal rulemaking None of the several bills currently in The NTSB Recommendation authority, has stated that he would not support the Wisconsin Assembly would regulate On December 13, 2011, the NTSB released the recommendation because the issue “is cell phone use to the extent of the NTSB a report on a year-old fatal car accident that not the big problem in America.”8 Without recommendation. Generally speaking, involved a tractor, a pickup truck, and two an ability to enforce the recommendation Wisconsin is not at the forefront of cell Missouri school buses.1 The report was and due to a lack of support from the federal phone regulation, being the 25th state to typical for the NTSB, an independent federal government, the NTSB has no power to ban texting and one of 23 states with no ban agency charged with investigating accidents transform the recommendation into a rule of on the handheld use of cell phones for any and promoting transportation safety.2 As the road.9 drivers.17 Thus, it appears unlikely at present per the agency’s usual practice, the report that Wisconsin will jump to the front of the made recommendations to various groups, In addition, heavy public criticism of the line and become the first state to completely including government agencies, automobile NTSB recommendation is likely to prevent ban the use of cell phones while driving. manufacturers, and lobbyists, for safety the federal government from adopting the ban. One such critical group is, unsurprisingly, 1NTSB, Highway Accident Report: Gray Summit, MO: Collision improvements. Involving Two School Buses, a Bobtail and a Passenger Vehicle, the CTIA Wireless Association. On the same August 5, 2010 (13 December 2011), http://www.ntsb.gov/ It was the recommendation to the 50 states day the NTSB released the report, the CTIA news/events/2011/gray_summit_mo/index.html (viewed Feb. 18, 2012). and the District of Columbia, however, released a statement that opposed federal 2For more information about the NTSB, see http://www.ntsb. which received immediate attention. adoption of the recommendation and urged gov/about/index.html (viewed Feb. 18, 2012). To improve driver safety, the NTSB 3NTSB, Highway Accident Report: Gray Summit, MO: Collision deference to state and local lawmakers, and Involving Two School Buses, a Bobtail and a Passenger Vehicle, recommended that the 50 states and the their constituents, for appropriate action.10 August 5, 2010 (13 December 2011), http://www.ntsb.gov/ District of Columbia ban all cell phone Opposition among automakers is also certain news/events/2011/gray_summit_mo/index.html (viewed Feb. 18, 2012). use while driving, including hands-free to grow because they have invested heavily 4Governors Highway Safety Association, Cell Phone and Texting technology.3 The question remains whether in hands-free phone systems for vehicles, Laws (January 2012), http://www.ghsa.org/html/stateinfo/laws/ cellphone_laws.html (viewed Feb. 18, 2012). the federal government, or any individual which would be banned under a federal 5Id. states―specifically Wisconsin―will adopt adoption of the recommendation.11 In light 6https://docs.legis.wisconsin.gov/2009/related/acts/220 (viewed the recommendation. Feb. 18, 2012). of the NTSB’s lack of rulemaking power and 7For a history of the NTSB, see http://www.ntsb.gov/about/ State Laws mounting criticism of its viewpoint, it appears history.html (viewed Feb. 18, 2012). unlikely that drivers will be affected by the 8Id. Adoption of the NTSB’s recommendation 9Sharon Terlep, “U.S. Won’t Back Ban on Phones for Drivers,” would be an unprecedented step in the legal NTSB’s unprecedented recommendation. The Wall Street Journal (22 December 2011). 10CTIA Wireless Association, Statement on the U.S. National regulation of drivers using cell phones. Wisconsin Ban? Transportation Safety Board Recommendations (13 December According to the Governors Highway Safety 2011), http://www.ctia.org/media/press/body.cfm/PRID/2152 While the NTSB does not have authority to (viewed Feb. 18, 2012). Association, an organization that tracks state enforce a federal ban, individual states retain 11Peter Valdes-Dapena, “Cell Phone Bans Don’t Work – highway safety laws, no state currently bans the ability to pass statewide legislation, which Insurance Group,” CNN Money (15 December 2011), http:// 4 money.cnn.com/2011/12/15/autos/iihs_cell_phone_bans/index. all cell phone use while driving. Indeed, 12 could mirror the NTSB’s recommendation. htm (viewed Feb. 18, 2012). only nine states, D.C., and the Virgin Islands As stated, Wisconsin does not have a ban on 12Governors Highway Safety Association, Cell Phone and prohibit all drivers from using handheld Texting Laws (January 2012), http://www.ghsa.org/html/ the use of even handheld cell phones while stateinfo/laws/cellphone_laws.html (viewed Feb. 18, 2012). phones, while 35 states, D.C., and Guam driving. On the heels of the Wisconsin Act 13“Wisconsin: Cell Phone Laws, Legislation,” Hands-Free Info ban text messaging for all drivers.5 States (28 December 2011), http://handsfreeinfo.com/wisconsin-cell- that banned texting while driving, however, phone-laws-legislation (viewed Feb. 18, 2012). also regulate cell phone use by driver type, several recent Assembly bills aim to limit 14Wisconsin AB 291. Online source: https://docs.legis.wisconsin. including school bus drivers and novice gov/2011/related/proposals/ab291 (viewed Feb. 18, 2012). distracted driving by expanding cell phone 15Wisconsin AB 131. Online Source: http://docs.legis.wisconsin. drivers. 2009 Wisconsin Act 220 banned 13 regulation. gov/2011/related/proposals/ab131 (viewed Feb. 18, 2012). all individuals from text messaging while 16“Wisconsin: Cell Phone Laws, Legislation,” Hands-Free Info driving, and imposed fines up to $400 plus Wisconsin Assembly Bill 291 would prevent (28 December 2011), http://handsfreeinfo.com/wisconsin-cell- 6 phone-laws-legislation (viewed Feb. 18, 2012). four demerit points. There is no current drivers under the age of 18 with probationary 17Id. Wisconsin ban, however, on handheld cell licenses or driver’s permits from using a cell 20 Spring 2012 MBA Judicial Poll — 2012 Qualified Not No Qualified Opinion Wisconsin Court of Appeals — District 1 Ralph Adam Fine 322 20 80 Milwaukee County Circuit Court — Branch 4 Mel Flanagan 333 29 59 Milwaukee County Circuit Court — Branch 8 William Sosnay 336 19 69 Milwaukee County Circuit Court — Branch 17 Christopher R. Lipscomb Sr. 143 49 216 Nelson W. Phillips III 193 26 193 Carolina Maria Stark 95 38 268 Milwaukee County Circuit Court — Branch 20 Dennis P. Moroney 316 45 57 Milwaukee County Circuit Court — Branch 23 Hannah C. Dugan 226 49 148 Lindsey Grady 216 23 175 Milwaukee County Circuit Court — Branch 28 Mark Sanders 172 17 215 Milwaukee County Circuit Court — Branch 38 Jeffrey A. Wagner 318 17 82 Milwaukee County Circuit Court — Branch 39 Jane Carroll 249 22 148 Milwaukee County Circuit Court — Branch 43 Marshall B. Murray 223 3 180 Milwaukee County Circuit Court — Branch 46 Bonnie L. Gordon 228 55 123

Hizzoner continued from p. 9 term after he was elected in 1876. Butler, bar in 1864. He served for two years as an a third Vermont native to serve as mayor, assistant state attorney and for five years as poor health, he left the country in 1865 to moved to Milwaukee in 1846 to practice law. city attorney (1873-1878) prior to his election convalesce. After nearly two decades abroad, Unlike all other 39 mayors, his mayoralty as mayor. Subsequent to his two mayoral Brown returned to Milwaukee, curiously, was the only public office he held; most of terms, he became the city’s municipal judge to practice law. He died five years later in his professional life was spent as a practicing in 1890, a criminal court judge in 1895, and a Chicago at the age of 54. lawyer. He was nominated to be Chief Justice Milwaukee County judge in 1900. of the ; however, It would be a decade after Brown left office he was in Europe at the time. Apparently, a Common Council President Peter Somers before the next mayor-lawyer was elected. quick answer from the nominee was not an became mayor in December 1890, when his David G. Hooker4 served an unremarkable expectation in that age. predecessor, George Peck, resigned upon his one-year mayoral term beginning in 1872. election as governor. Somers’ subsequent Like Horatio Wells, Hooker hailed from The two consecutive two-year terms of Emil election to a term as mayor in 1892 was itself Vermont, settling in Milwaukee in 1856 Wallber were marked and defined by the cut short: in June 1893 he also resigned the to practice law. One decade after he began Great Labor Strike of 1886. After much strife mayoralty upon election to fill a Congressional practicing, he accepted an appointment as and violence, the mayor ultimately adopted vacancy. A Menomonee Falls native, Somers city attorney for three years until 1870. His the eight-hour work day law—flawed as it became a lawyer by studying in the law office greatest achievement was his appointment as was, in that it did not contain a penalty for of the legendary Chief Justice Ryan. Somers General Counsel for Northwestern Mutual employers who did not comply. Wallber was was admitted to the bar in 1874 and opened Life Insurance in 1878, where he served as in- elected in 1884 and again in 1886. A native his own law practice in Milwaukee. After house counsel until his death in 1888. of Prussia,5 he came directly to Milwaukee leaving Congress in 1895, Somers returned to in 1855 and studied law at the offices of Milwaukee law practice for a decade until he Under a new law, Ammi Butler became the Smith and Salomon. He was admitted to the first Milwaukee mayor to serve a two-year continued page 22 Messenger 21 Hizzoner continued from p. 21 become perhaps the best governed city in the Federal Deposit Insurance Corporation, while U.S.” In 1999, prominent historians named he unsuccessfully ran for state public office. moved to Reno, Nevada to practice law and him as one of the top ten American mayors After his first successful election—in 1984 to eventually to become a judge. of all time. the State Assembly—he spent his professional life in state or federal elected offices, including With the election of David Stuart Rose, the Some of Hoan’s legal accomplishments as the U.S. House of Representatives, for the next city wrestled with a mayoral administration city attorney include compilation of the city 18 years. He worked in a major Milwaukee notorious for corruption. A Darlington, ordinances and city charter laws, litigation law office between 2002 and 2004 before Wisconsin native, Rose was a wunderkind involving the enforcement of franchises to the running for Milwaukee mayor. of a sort. After a printer’s apprenticeship, railroad utilities (resulting in appropriations he studied law in his father’s Platteville of $15 million for local street and The contributions of lawyers to the mayoralty of law office with such success that he was transportation improvements), and reduction Milwaukee have ranged from the nondescript admitted to the bar at age 20. He practiced of city settlements in damages claims. Hoan’s to the corrupt to the dynamic and progressive. for seven years until he won election in the labor policies and legislation include the The pending election may return Tom Barrett first of two terms as Darlington mayor. He codification of the eight-hour work day and to office to continue a lawyerly presence in left that mayoralty in 1885 after election as minimum wage. the executive branch of City Hall. Curiously, Lafayette County judge. Three years later he none of the mayor-lawyers served in local or moved to Milwaukee, where he quickly and As mayor, Hoan’s legal and civic state bar leadership. Yet it is certain that their unsuccessfully attempted election to several accomplishments are legendary. Legislation legal training has influenced Milwaukee’s offices before successfully seeking mayoral passed during his tenure includes home legislative and policy development, and has election in 1898. While Rose initiated rule; authority for municipal ownership, city shaped the city’s growth and evolution. many improvements of Jones Island and the planning, city forestry, and housing; zoning docks, his four terms in office6 saw vice go ordinances; public health laws of all sorts; 1The resources for this article include: Breyer, H.W., ed., The and harbor, road, and airport plans. His labor Sentinel Almanac and Book of Facts for the Year 1899 (Milwaukee unpoliced—reportedly at Rose’s direction— Sentinel, Milwaukee 1899); Berryman, John, ed., History of the and featured an unsuccessful prosecution of legislation and police reforms prevented Bench and Bar of Wisconsin, Vol. I (H.C. Cooper, Jr. & Co., the mayor over an alleged illegal $50,000.00 outbreaks of violence that other cities Chicago 1898); Reed, P. M., The Bench and the Bar of Wisconsin: History and Biography, with Portrait Illustrations (Milwaukee payment to him by a municipal utility. experienced during the 1920s and 1930s. 1882); Anderson, W.J. and Bleyer, Julius, eds., Milwaukee’s Great Industries: a Compilation of Facts Concerning Milwaukee’s Ripe for reforms and clean government in the Commercial and Manufacturing Enterprises (Association for the An enduring legal development that arose Advancement of Milwaukee, Milwaukee 1892); Milwaukee, a wake of Rose’s corruption, the city elected from Hoan’s leadership as both city attorney Half Century’s Progress 1846-1896: a Review of the Cream City’s , the first Socialist mayor of a and mayor was the establishment of the Legal Wonderful Growth and Development (Consolidated Illustrating Company, Milwaukee 1896); Holly, Melvin G., The American major American city. Seidel, a non-lawyer, Aid Society. While the city eventually was Mayor: the Best and the Worst Big City Leaders (Pennsylvania immediately appointed as unsuccessful in its efforts to charter a legal aid State University Press, University Park, PA 1999); Curry, Josiah city attorney. Six years later, in 1916, Hoan Seymour, History of Milwaukee, City and County, Vol. 2 (S.J. society in Milwaukee, Hoan was among those Clarke Publishing Co., Chicago-Milwaukee 1922); Buck, James resigned his city attorney office upon election who strategized and encouraged Legal Aid’s Smith, Pioneer History of Milwaukee: 1840-1846 (Symes, Swain to the office of mayor. This Socialist Party and Co., Milwaukee 1881); Holmes, F. L., et al., eds., Who Was eventual creation by three civic entities: the Who in America (Chicago 1946); http://www.linkstothepast.com/ member was reelected five times, serving a Milwaukee Bar Association, the predecessor milwaukee/mkemayors.php (viewed September 20, 2011). total of 24 years in the office, until he was agency of the United Way, and the predecessor 2Thirty-seven men have been elected; three succeeded to the replaced by another Socialist Party member, agency of the Public Policy Forum. office upon the resignations of their predecessors: Peter Somers in .7 1890, Henry Hase in 1893, and in 2004. Carl Zeidler, running in 1940 as an independent 3Building on the creation of the police department was Mayor Hoan, a Waukesha native, left school early Herman Page, a non-lawyer who was elected in 1859. Ironically, upstart, succeeded Hoan in an upset election. Page, an abolitionist and notorious renegade, as mayor started to work odd jobs and therefore had to attend After graduating with a J.D. from Marquette the detective force and advocated for police uniforms and for evening classes to be qualified as a lawyer, University Law School in 1931, Zeidler uniformity in policies. For the six years prior to his mayoralty, he pursuing his professional course of study was county sheriff. served as a Milwaukee assistant city attorney 4His name has also been transcribed as David G. Hecker. at Chicago Kent School of Law. Upon from 1936 to 1940. He resigned in 1940 to 5Wallber’s successor in 1880, Thomas Brown, was the first admission to the bar, Hoan represented the run for mayor, and then requested a leave of native Milwaukeean to serve as mayor, 34 years after its 1846 State Federation of Labor before becoming absence from his mayoral office in 1942 to charter. 8 city attorney. serve as a lieutenant in the U.S. Navy Reserve 6After Rose’s third term, the city elected Sherburn Becker for one four-year term and then returned Rose to office for his last during World War II. Later in 1942, the ship The tremendous number and depth of Daniel term. he commanded was reported missing; he was 7 Hoan’s accomplishments are due not just to Beginning with the election of Gerhard Bading in 1912, the presumed dead in 1944. mayoral term became four years instead of two years. his longevity in office but also to his visionary 8Hoan drafted the worker’s compensation act, the ideas, unflagging energy, and legal sensibility. It would be 62 years before Milwaukee would constitutionality of which he defended for SFL. Hoan’s tenure as mayor was marked elect another lawyer as mayor, when Tom by honesty, efficiency, and progressive Barrett ran for the office in 2004. Barrett legislation. Under Mayor Hoan, Milwaukee graduated from the University of Wisconsin- won a number of awards as the healthiest, Madison Law School in 1980, and served for safest, and best-policed big city in the United the next two years as a law clerk for Judge States. In 1936, Mayor Hoan appeared on the Robert Warren of the U.S. District Court for cover of Time Magazine and was described in the Eastern District of Wisconsin. For the next the issue as “one of the nation’s ablest public several years he engaged in the private practice servants, and, under him, Milwaukee has of law and served as a bank examiner for the 22 Spring 2012 Messenger 23 24 Spring 2012