Vol 11 No 2 H I G H L I G H T S Spring 3 Milwaukee courts reach out to MATC 9 Retirements 2003 3 Training Dane County’s frontline staff 13 Wisconsin courts build international reputation 6 Election results 16 Celebrating the Sesquicentennial 7 Obituaries 20 New faces

Biennial budget bill New policy governs public info on courts' Web site passes Joint Finance by Deborah Salm, budget officer four-year project to develop a site was visited 1.7 million times in Apolicy on disclosure of public April. he Legislature’s Joint Committee information over the Internet is now WCCA has served as a model for Ton Finance completed its action on complete, and the court system – for courts around the nation and has been Senate Bill 44, the 2003-05 biennial the first time – has a roadmap for recognized in the national media for budget bill, on June 4. The bill now will determining what will be posted online. making public information so go to the Senate and Assembly for final Most court information is public; accessible. But this cutting-edge use of action; it is anticipated that few changes however, it never was as readily case management technology also has will be made in either house. From

a publication of the Wisconsin Judiciary a publication of the Wisconsin sparked a debate about how much there, the bill goes to the governor, who available as it is today through the may partially veto it. The Legislature Wisconsin Circuit Court Access information should be available online. may override any veto with a two-thirds (WCCA) Web site. Through WCCA, In response to these concerns, then- vote in both houses. The budget act anyone with an Internet connection Director of State Courts J. Denis covers state expenditures from July 1, can, with a few keystrokes, conduct a Moran appointed the WCCA Oversight 2003 through June 30, 2005. statewide search of circuit court Committee in fall 1999. The committee The committee made the following records to learn about an individual’s made policy recommendations with the changes to court-related portions of the contacts with the courts. WCCA data is assistance of people who use the courts bill that was introduced on behalf of the updated continuously as courts in most and use court data. These included: governor on Feb. 20: counties around the state enter litigants, law enforcement, the ! removed the proposed statutory information into the Consolidated American Civil Liberties Union, the changes to the sentencing guideline Court Automation Programs (CCAP) media, the State Bar of Wisconsin, provisions under the Truth-in- case management systems. district attorneys, public defenders, and Sentencing law (these now may be The WCCA site receives an average legislators. introduced as a separate bill); of 750,000 hits per day; at peak, the Interim Director of State Courts ! deleted the proposal to transfer the number has reached 925,000. This page John Voelker formalized and released Sentencing Commission from the is by far the most popular spot on the the policy in early May. The goal, he Department of Administration to the court system Web site. The courts’ Web Department of Corrections, but see WCCA on page 5 included the provision to reduce Sentencing Commission staff from six positions to two; Wisconsin judges are tapped for boards, ! deleted the proposed expansion of commissions the court interpreter statutes that This spring, several Wisconsin judges have been tapped for key spots would have required appointment of on state boards and commissions. Some of the most recent appointments interpreters in all types of cases follow. regardless of indigency, and deleted related funding to reimburse Sentencing Commission is taking shape counties for these additional inter- The new, 21-person Wisconsin Sentencing Commission is not yet preter costs; complete, but appears to be taking shape. While he has not made a ! retained the proposal to increase the formal announcement, Gov. Jim Doyle has appointed a commission chair court support services fee and and is in the process of filling other seats. He is replacing the people appellate filing fees by 30 percent; whom former Gov. Scott McCallum appointed prior to leaving office. ! retained the requirement that The Supreme Court made its appointments – Judges Patrick J. Fiedler $750,000 in each fiscal year be lapsed to the state’s general fund and Elsa C. Lamelas – in September 2002. from any of the courts’ general fund state operations appropriations Judge Gordon Myse to serve on State Elections Board Chief Justice Shirley S. Abrahamson nominated Reserve Judge

The Third Branch (these include the three levels of court, the Director of State Courts Gordon Myse to the State Elections Board, which administers and Office, and the Wisconsin State Law enforces the state’s election and campaign finance laws. Library). Myse, who served on the District III Court of Appeals from 1986-99 and as an Outagamie County Circuit Court judge from 1972-83, replaces Court employees will receive a Professor Daniel Blinka of Marquette Law School. more detailed summary of the amended see Appoint on page 5 bill as an informational bulletin. " www.wicourts.gov 2 Spring 2003 John Voelker

THE THIRD BRANCH Radloff ishonoredfor service tothestate Marquette honorsDiMotto Madison. Women’s Monasteryin oblate totheBenedictine nized hercommitmentasan and thelaw. educators aboutthecourts teaching nursesandnursing nation. Sheespeciallyenjoys Wisconsin andaroundthe regularly togroupsin professions, lecturing teaches andpublishesinboth of lawandnursing.She integration oftheprofessions was citedforhersuccessful of Nursingfaculty, DiMotto Marquette UniversityCollege inApril. Professional Achievement’ for Marquette University's‘All-University Alumni Merit Award Milwaukee CountyCircuitCourtsince1997,wasawarded tion onMay7. in the‘Virginia competi- HartSpecialRecognition Award’ Management Services, wasawardedanhonorable mention certified publicaccountantwho directs theOffice of crowded. situations eventhoughtheircalendarshavebecomemore I and opportunitiesfacingthecourtsystem. Branch Courts JohnVoelker willwritearegularcolumnin Editor's note:Starting inthisissue,InterimDirectorofState employees thankstocourt offers Director AWARDS state courts.Ireceivedanumberofe-mails,phonecalls, n lateFebruary, Iwasappointedasinterimdirectorof formermemberofthe A The awardalsorecog- Judge Jean W. DiMotto,whohasservedonthebenchin Deputy DirectorofState CourtsPamelaJ.Radloff, a I meanthejudgeswhocontinuetohelpoutindifficult to sharehisthoughts andideasonthechallenges money. travel tothreecountiesinoneweeksave their facesdespitethefactwehaveaskedthemto colleagues youseeeverydaywhokeepsmileson mission faroutweighsthechallenges. organization withgoodpeopleandanimportant environment, Ibelievetheopportunitytoguidean number ofchallengesinthecurrentfiscal While itistruethatthecourtsystemfacinga had arecurrenttheme:“Congratulations,Ithink.” and notesoffering congratulations. The sentiments When Isaygoodpeople,meanthe in theceremony. Bradley andLieutenantGov. BarbaraLawtonalsoparticipated during anawardsceremonyattheCapitol.Justice Ann Walsh of State Courts JohnVoelker describeheraccomplishments on asChiefJusticeShirleyS. Abrahamson andInterimDirector Deputy DirectorofState Courts PamelaJ.Radloff,left, looks The Third my honorandprivilegetoleadthisorganization. unconditional “congratulationsonajobwelldone.”Itis Wisconsin courtsystemwork.Ithankyou,andoffer youan of recognitionthantheindividualswho,together, makethe Recognition Week. Icannotthinkofagroup moredeserving suffered. every individualwhocomestothecourthousewouldhave years bycourtemployees,ourabilitytoprovideservices commitment thathasbeendemonstratedoverthepastfew during thisperiodoffundingcuts. Without thelevelof additional responsibilitiesduetoextendedvacancies. maintained apositiveoutlookdespitebeingaskedtotakeon first-rate customerserviceonadailybasis. phone doesring. within thesystem,arealwayswillingtohelpwhen who, despitehavingreducedopportunitiestousetheirskills revamping thedeliverysystemfor unemploymentinsurance. the executivebranchfor32years. Shewascreditedwith fiscal andpayrolloperations. accounting andfinancialreporting systemswhilemanaging as thecourtsystem’s fiscalofficer, automatingthecourts’ Commission, theawardrecognizesoutstandingwomenin Development), andchairoftheLaborIndustryReview Human Relations(nowDepartmentof Workforce Commission fortheDepartmentofIndustry, Labor, and Department ofRegulationandLicensing,chairthe This wasthesecond timethatacourtsystememployee The winneroftheaward,Karen Morgan, hasworkedfor Gov. JimDoyleproclaimedMay5-9PublicEmployee I understandthesacrificesthatmanyofyouhavemade I meancourtpersonnelthroughoutthesystemwhohave I meanfrontlinecourtstaff whocontinuetoprovide I meanthereservejudgesandfreelancecourtreporters, Named for Virginia Hart,whoservedas secretaryofthe role, sheworkedfor10years to takingonthismanagement basis forsevenmonths.Prior the positiononaninterim October 2002afterservingin named deputydirectorin general goodhumor. Oversight Committee–and as chairingthe Web Site different assignments–such ingness totakeonnewand esteem fromcolleagues,will- tent highachievement, mention, notingherconsis- Radloff withthehonorable Abrahamson presented state government. Radloff wasofficially Chief JusticeShirleyS. see Awards " on page 18 3

Milwaukee courts Dane County courts educate staff about abusive Spring reach out to MATC relationships 2003

here are 65,000 students at taffers who work on the front lines of the court system assisting people who THE THIRD BRANCH TMilwaukee Area Technical Sare often stressed, angry, and scared, sometimes find that the skills they need College (MATC) studying everything most are not the ones they learned in school. What these challenging jobs require from culinary arts to police science to is the ability to listen, to diffuse anger, to be firm but kind. In short, it’s akin to welding. Many will have their choice the job of a diplomat or a parent. of jobs when they graduate, but a few And like parents, the clerks, secretaries, and will be surprised to learn that they are receptionists who serve as the court system’s unemployable. The reason? They have gatekeepers often have ample reserves of patience. But failed an important subject: meeting it wears thin on occasion, and especially in situations court obligations. involving victims and perpetrators of domestic Now, the Milwaukee County violence. Circuit Court is planning an intensive outreach program to help these In Dane County this spring, Judge Sarah O’Brien students understand what they need to organized a training session to help court staff do in order to bring pending court understand the dynamics of power and control in matters to a close. Beginning in relationships and the psychology of victims and September, a team of court personnel perpetrators of domestic violence. “Especially why Judge Sarah O’Brien will spend two hours per week on victims may act in particular ways in court,” she said, campus meeting with students to “such as recanting and dismissing injunctions.” O’Brien set up the training after examine their records on the attending a seminar in New York called Enhancing Judicial Skills in Domestic Wisconsin Circuit Court Access Violence Cases. Her attendance at that event was paid by Milwaukee’s Violence system and explain what they need to Against Women grant. do to meet their obligations. Most of O’Brien expected about 35 frontline staff to attend a May workshop that she the cases are traffic matters or child organized around these issues; 50 people turned out for event, which was held in support. a courtroom. Attendees came from the Dane County Clerk of Circuit Courts The project is the idea of MATC Office, the judges’ offices, the offices of the family court commissioner, family President Darnell Cole, who contacted court counseling services, child support, and the sheriff’s department. the District Court Administrator’s Office to see what role the courts Presenters included Cheri Maples from the Madison Police Department; might play in helping his students Assistant District Atty. Judy Munaker; and Domestic Violence Coordinator Jill eliminate this barrier to employment. Sweeney of the District Deputy District Court Administrator Attorney’s Office. Their Beth Bishop Perrigo brought Cole’s goal was to educate, idea to Chief Judge Michael J. problem solve, and Skwierawski and Deputy Chief Judge make court staff aware Michael P. Sullivan, who agreed that a of resources that can court team could provide on-campus help them. The information services to the students. presenters also The team will consist of Municipal emphasized the critical Judge Vincent J. Bobot; Child Support role of frontline staff: Enforcement Specialist Lisa Marks; “At times these Perrigo; Pretrial Services Coordinator situations can confuse Holly Szablewski; and Legal Action everyone who is Managing Atty. Mary Triggiano. In involved, but it is May, they made a presentation at critical for you, as court MATC and are now developing a plan support staff, to be for the on-site visits in fall. Photo credit: Pat Kroetz aware how the system in The services are no different than A training session which we all work can either help keep victims safe and hold abusers accountable what the court would provide to any for frontline court or create even more dangers for victims of domestic abuse,” Sweeney told the staff in Dane caller or visitor who wanted to clear group. County focused his/her cases, Perrigo said. “We’re on improving answering questions, giving informa- Clerk of Circuit Court Judy Coleman, O’Brien, and others provided coffee, understanding of tion, and trying to allay fears,” she donuts, and juice for the 90-minute training. It was scheduled to coincide with a the actions of said. “Many people prolong their cases judges’ meeting to increase the likelihood that staff would be able to attend. victims and because they fear what will happen O’Brien was encouraged by the result. “The purpose of the training was to perpetrators in when they come to court, so they put it domestic violence improve customer service by giving staff insight into sometimes frustrating and cases. off and, of course, there are conse- hard to understand behavior,” she said. “Education about the dynamics of abusive quences to that. For these students, relationships makes it easier for staff to continue to provide professional service those consequences are quite dire. But in these situations.” " I think we can help change that.” " Judge JohnR.Storck 4 Spring 2003

THE THIRD BRANCH hours ofsound,backingupthe Each CDholdsapproximatelyeight to thearchivedrecordingonCD-ROM. court reporterpreparesitbylistening week; whenatranscriptisneeded, approximately 10to20hoursper equipment iscurrentlybeingused clerk, plaintiff anddefendant. The microphones forthewitness,judgeand four separatetrackscorrespondingto high-volume, low-transcriptcases. courtroom andgenerallyusesitfor audio recordingsysteminone pros andcons. attempt toanalyzeanddocumentits the technology, butthiswasthe first – notably, Milwaukee–alsohave used circumstances in2001;othercounties using digitalaudiorecordersinlimited court reporters.DodgeCountybegan Wisconsin countiesasabackupto there willbeasingle judgewhoattendedthatwill notreturn characterized Burke asaninspiration.“Isincerely doubtthat judges fromtheUniversityof Wisconsin LawSchool. Burke’s visitwerepaidbyagranttotheDaneCounty Minn., tofacilitatethediscussion. The costsassociatedwith speaker oncasemanagement,came fromHennepinCounty, improve howthecourtsoperate. and concerns,butalsoondevelopinginnovativewaysto joint meetingfocusednotonlyoncommunicatingproblems system tosupplementtraditionalcourt drawbacks ofadigitalaudiorecording T by GailRichardson,districtcourtadministrator counterparts hisWisconsin Minnesota judgeinspires T by DanWassink, seniorpolicyanalyst technologytothetest reporting Dodge Countyputscourt After themeeting,ChiefJudgeMichael N.Nowakowski Courtroom soundisrecordedon Dodge Countyinstalledthedigital Chief JudgeKevinS.Burke,an internationally known recommended itsuseinall Judicial Districtstriedsomethingnewthisspring:a hirty-six judgesfrom14countiesintheFifthandSixth assess theadvantagesand he state’s firstpilotprojectto Advisory Committee(PPAC) Court’s PlanningandPolicy states. In2000,theSupreme and hasbeenusedinmanyother steadily improvingovertheyears Court. project inDodgeCountyCircuit Judge JohnR.Storck, whoranthe results, accordingtoareportby reporting hasyieldedmixed The technologyhasbeen courses dwindleandreportersarelured As college-levelcourtreporting tional courtreportersforalongtime. been dealingwithashortageoftradi- reporter. without incurringthecostofacourt to thefamilycourtcommissioner in DodgeCountytotransferhearings digital recordingpermittedthejudges traditional courtreporters.Storck said court proceedingswithouttheneedfor flexibility andefficiency in scheduling in courtreporterhoursandincreased from vendors. staff membersandunevensupport resistance tothetechnologyamong Dodge Countyencounteredsome discs thatweredefective.”Inaddition, phones wereontodealingwithCD “Issues variedfromassuringmicro- recording system,”Storck noted. resolving numerousissueswiththe last twoyears,wehaveworkedon human (operationserrors).“Duringthe system componentscompatibility)to technical (locationofsoundjacks, made.” is better. CopiesofaCDcanbeeasily date ofthehearing. The soundquality CD bygoingtothespecifictimeand hearingcanbeeasilylocatedona A a cassetteorothertape-typerecording. recording onaCDismuchbetterthan pointed outinhisreport,“adigital computer’s harddrive. As Storck recording thatissavedinthe The Wisconsin courtsystemhas Project benefitsincludedasavings Documented problemsrangedfrom ! ! ! ! questions toanswer, including: bilities inamoreeffective andfairway,” hesaid. the mannerinwhichweperformourconstitutionalresponsi- to theirowncourtwithanidea(orseveral)thatwillimprove To structurethediscussion,Burkegave judges afew What wouldyouchangeaboutyour court’s casemanage- What areyourgreatestfrustrations incalendaring? If youhadonepieceofadvicefor anewjudgewhat Should ajudgebeconcernedwith casemanagement ment systemifyoucould? would itbe? (speed v. justice)? [email protected]. (608) 266-8861ore-mail Dodge Countypilot,contact Wassink at For acopyofthefinalreporton coverage. provide adequatecourtreporter many courtscontinuetostruggle closed captioningandotherfields, away bymorelucrativecareersin audio success Tips for digital ! ! ! ! ! His recommendationsinclude: encountered inDodgeCounty. others avoidtheproblems mendations designedtohelp nology containsmanyrecom- digital audiorecordingtech- January 2003reportontheuseof Judge JohnR.Storck’s designate onein-house recognize thelimitationsof use microphonesthatcannot use internal,ratherthan Establish systemsfortaking see support professional. and audio, andrecordingsystems; tion betweenthemicrophone, only asgoodtheinterac- the system:recordingis be turnedoff; drives; external, CD-RW minutes andstoringthediscs; " District meeting on page 14 continued fromfrontpage WCCA J wcca.wicourts.gov. Wisconsin CircuitCourt Access isat Public Access toCourtRecords Court Administrators’ andConferenceofState Chief Justices’ consistent withtheConferenceof Voelker alsonotedthatthepolicyis integrity ofthejudicialprocess.” public safety, whilemaintainingthe public access,personalprivacy, and proper balanceismaintainedamong said, isto“addresstheconcernthat a childdevelopmentspecialist. team whichconsistsofaguardian dispute cannotberesolvedthereitisreferredtotheCAT participate intheFamilyMediationProgramandif matter isbroughtbeforethejudge,allpartiesmust (Custody Assessment Team). Beforeacontestedfamily Laabs createdtheFamilyMediationProgramandCAT Children intheMiddle. Trempealeau County;other Wisconsin countiesalsouse after onethatJudgeJohn A. Damonimplementedin from conflicts.LaabsmodeledJacksonCounty’s program gives parentstoolsandtechniquestoprotecttheirchildren worker educatesabouttheeffects ofdivorceonchildrenand required toattendtheprogram,whereacertifiedsocial divorcing andhavechildrenunderage16. All parentsare the “ChildreninMiddle”programforparentswhoare 18 yearsonthebench. replace JudgeRobert W. Radcliffe, whosteppeddownafter served asacourtcommissionerbeforevotersselectedhimto accomplished agreatdealinshortamountoftime. posting. systemforre- correct itintheCCAP confirm theinformationandthen original caseisfiledandtheclerk will the clerkofcircuitcourtwhere inaccuracies areaskedtobringthem WCCA; individualswhospot correcting informationthatappearson Jackson CountyCircuitCourt by KathyPowell,registerinprobate/judicialassistant for families tobuildprograms Jackson Countyjudgeleadseffort LEADERSHIP County CircuitCourtlessthanoneyearago,has udge Gerald W. Laabs,whotookthebenchinJackson To furtherimprovethecourt’s responsivenesstofamilies, The newpolicyalsoprovidesfor Laabs alsoisfocusingonjuvenilecrime.Heexpanded On Aug. 1,2002,hisfirstdayasjudge,Laabsinstituted Laabs practicedlawinJacksonCountyfor32yearsand " Guidelines for . ad litem , amediator, and continued fromfrontpage Appoint Fitchburg (designated bythechairof Elections Board are: Adam Dick, recent gubernatorialelection. 10 percentofthevotecastin most candidate forgovernorreceived at least political partywhose chief officer ofeach the Legislature,and leader ineachhouseof leader, theminority the Senatemajority speaker ofthe Assembly, the chiefjustice, nomination totheboard: each makeone the followingindividuals addition tothegovernor, numbered years.In terms beginningonMay1ofodd- citizen memberswhoservetwo-year The boardiscomprisedofeight Other members of theState supporting orarerunongrantfunds. Jackson Countyareeitherself- judge hasimplementedin future. option tolitigantsinthenear hopes tobeginoffering this small claimsdisputes.Laabs trained volunteerstomediate around thestate,itwillprovide program. Likesimilarprograms a smallclaimsmediation delinquents. monitoring forjuvenile implemented electronic years old.Inaddition,he include offenders whoare18-20 to combatunderagedrinking offenses, andextendedaprogram program toincludemore the JacksonCounty Teen Court (715) [email protected]. Jackson CountyCircuitCourt,contact Powellat To learnmoreaboutthecourtimprovementprogramsin All oftheprogramsthat Now intheplanningstageis Reserve JudgeGordonMyse the DemocraticParty). Milwaukee (designated bythechairof leader); andJeralyn Wendelberger, (designated bytheSenateminority Party); JohnC.Schober, New Berlin the Senatemajorityleader);PatrickJ. Halbrooks, Milwaukee(designatedby the LibertarianParty);David bench. Laabs hasundertaken inhisfirstyearonthe Public outreachisoneofmanyinitiativesthat Black RiverFallstopromoteLawDay2003. public serviceannouncementatWWISRadioin Judge GeraldW. Laabsprepares torecorda of theRepublican (designated bythechair P. Savage,Milwaukee by thegovernor);John Brookfield (designated leader); Steven V. Ponto, Assembly minority (designated bythe Lewison, Milwaukee Assembly); Brenda speaker ofthe (designated bythe Hodan, Milwaukee " " Photo credit:KathyPowell

THE THIRD BRANCH 2003 Spring 5 Roggensack Justice PatienceD. 6 Spring 2003

THE THIRD BRANCH shorter opinions. the SupremeCourttodoubleitsoutputandissueclearer, sit ontheSupremeCourt.Inhercampaign,shecalledfor need torunforelectioninJuly2005. deadline ( 21 peoplehadappliedforthepositionasofJune2 replace Roggensack;hisappointmentsoffice reportedthat like theyfoolsomepeople.” the newspaperquotedhimassaying.“Theycouldn’t foolme bodies areburied,andI’vegotsomeverydefiniteideas,” member ofastateethicsboard.“Iknowwherelot Patience D.Roggensack Supreme CourtofWisconsin T welcome eightnewjudges Courts separate story “Teddy” Beckertragicallydiedduringthecampaign( Linda Van De Water waselectedafterJudgeMarianne former Gov. ScottMcCallum,and Waukesha County Atty. Priebe, whowasseekingelectionafterbeingappointedby Commissioner JohnP. Anderson defeatedJudgeJohnH. two ofwhichweresuccessful.BayfieldCountyCourt Court justice. Waukesha countiesandgave Wisconsin anewSupreme 2003 ELECTION County CircuitCourt. Circuit Court;andEdward W. Leineweber, Richland Circuit Court;PaulB.Higginbotham, DaneCounty applicants are: appointee willneedtorunforelection in April 2005. The vacating onthe Wisconsin Courtof Appeals. The ment totheseatthatJudgePatienceD.Roggensackis applications from21lawyersandjudgesseekingappoint- Roggensack willbethefirstCourtof Appeals judgeto Gov. JimDoylewillappointa Courtof Appeals judgeto Seven incumbentcircuitcourtjudgesfacedchallenges, Court of Appeals candidates Appeals announced of Court Adams, Bayfield,Dane,Milwaukee,Sheboygan,and he April electionbroughtnewfacestothebenchin Wisconsin politicsandisinterestedinservingasa that hehasgraveconcernsabouttheroleofmoneyin career, Bablitchtoldthe Supreme Court.Lookingbackonhislongpolitical who willretirethissummerafter20yearsonthe Chamber. for September12intheState Capitol’s Assembly planning herinvestiture,whichistentativelyscheduled the Wisconsin SupremeCourt.Roggensackisnow Court JudgeEdwardR.Brunnerfora10-year-term on prevailed inacloseraceagainstBarronCountyCircuit Attys. PeterC. Anderson, Madison;PhillipD.Ferris, Judges Ramona A. Gonzalez,LaCrosseCounty By theJune2deadline,Gov. JimDoylehadreceived Roggensack replacesJustice William A. Bablitch, Court of Appeals JudgePatienceD.Roggensack see sidebar ). Hereistherundown: ). The newCourtof Appeals judgewill Milwaukee JournalSentinel see Charles A. Pollex Charles A. Adams CountyCircuitCourt Green Bay. Robert E.Shumaker, Madison;and Dennis J. Verhaagh, Gene Rankin,Madison;JohnN. Schweitzer, Madison; Michael P. May, Madison;Krista M.Ralston,Madison; F. Kloppenburg, Madison;Steven A. Levine,Madison; J. Kaiser, Madison;Jeffrey J.Kassel,Madison;JoAnne Jacobson, Madison;Janet A. Jenkins,LaCrosse;Robert Neillsville; EdwinJ.Hughes,Madison;RichardB. Kenneth W.Beloit; ThomasW.Forbeck, Harnisch, Madison; MaureenMcGlynnFlanagan, John P. Anderson Bayfield CountyCircuitCourt and civicorganizations formanyyears. They havefouradultchildrenandbeenactiveinsports Quincy andlivesonthatfarmnowwithhiswife,Sharon. years. county’s courtcommissioner, apositionhehasheldfor11 district attorneyfor Adams Countyandispresentlythe for Adams for23years.Healsoservedthreetermsas attorney fornearly35yearsandhasservedascity Friendship. Hehasbeenan and PollexLawOffices, LLP, in bench. retiring after12yearsonthe Judge DuaneH.Polivka,whois judgeship. Pollexwillreplace race for Adams County’s to Atty. Charles A. Pollexinthe lost Thibodeau District Atty.Mark in theprimary, Adams County from Washburn, theBayfieldCountyseat. was practicinglawinRhinelander, about130milesaway battle withcancer. At thetimeofhisappointment,Priebe June atage48afteratwo-year Thomas T. Lindsey, whodiedlast appointed PriebetoreplaceJudge Association. Ashland-Bayfield CountyBar sioner whoispresidentofthe Bayfield Countycourtcommis- lost to Atty. JohnP. Anderson, a incumbent JudgeJohnH.Priebe County’s singlejudgeship, Pollex wasraisedonhisfamily’s farminthetownof Pollex isapartnerinHollman In spiteofhisfirst-placewin Gov. ScottMcCallumhad In thecontestforBayfield " Judge Charles A. Pollex Judge JohnP. Anderson see Election on page 19 7

OBITUARIES Spring 2003 Sheboygan County from 1963 through 1989 and continued Judge Marianne Therese Esposito Becker THE THIRD BRANCH Waukesha County Circuit Court serving as a reserve judge until 2000, died at a Sheboygan retirement home on April 19. He was 82. Judge Marianne Becker, In a 1997 interview with the Wisconsin Court System known to her friends as Teddy, Oral History Project, Buchen recalled one of his more passed away March 10 at a interesting cases, which stemmed from a gambling arrest. Waukesha-area hospital. She died Police in Sheboygan had visited a neighborhood tavern and two days after suffering a stroke arrested four elderly Sheepshead players for gambling. “The that left her in a coma. She was issue was whether Sheepshead is a game of skill or a game 61. of chance,” Buchen recalled. “That was one of the most Becker took the bench in popular decisions I ever wrote. I wrote that it was a Waukesha County 18 years ago, game of skill. Even the police liked it, because they becoming the county’s first didn’t like to go to the taverns and bother these old Judge Marianne T. woman judge. At the time of her guys that were spending their afternoons playing Becker death, she was presiding judge in Sheepshead. It’s been reprinted in books on how to Waukesha County’s Juvenile play Sheepshead.” Division. Becker loved working with children, and had in A Sheboygan native, Buchen moved to Madison to the past opened her home to pregnant teenagers with attend the university, where he received his bachelor’s nowhere to turn. Her colleague, Judge Patrick Snyder, called degree in 1942. After serving two years in the Army, her the best social worker ever to wear a black robe. Buchen returned to Madison and earned his law degree Becker had been re-elected twice without opposition, but in 1947. Three years later, he was elected as was involved in a contested election at the time of her death. Sheboygan County district attorney, a post he held for Judge John G. Buchen Her husband, Atty. John L. Becker, and her five sons three terms. survive her. Buchen was appointed to the Branch 2 judgeship in 1963, elected the following year, and reelected five times Judge John W. Brady without opposition. He served as a full-time judge for 26 Juneau County Circuit Court years. In retirement, Buchen devoted him time to supporting the Mead Public Library, the Kohler Arts Center, and the Judge John W. Brady, who Sheboygan County Historical Society. He also was active in took the bench in Juneau County the local yacht club. Circuit Court in 1992 after a 20- Buchen’s wife, Anne E. Armstrong, preceded him in year career in private practice, death on August 2, 1990. At the time of his death he was died March 9 after suffering a engaged to Martha E. Millen. She survives him, along with heart attack while shoveling snow. two sons and two daughters. Buchen also had 10 He was 58. grandchildren and one great-grandchild. Brady grew up in Wonewoc, graduated from the University of Judge William R. Moser Wisconsin Law School, and then Wisconsin Court of Appeals Judge John W. Brady served in the Army from 1968 to 1970, during the Vietnam War. He Judge William R. Moser, who served on District I of the married and lived in Hawaii for several years before Wisconsin Court of Appeals from 1978 through 1992, returning to Wonewoc and joining the law firm of Brady & died April 11. He was 75. Brady, where he practiced for 20 years before taking the A Chicago native, Moser earned his bachelor’s bench. degree from St. Norbert College and his law degree Brady was the busiest judge in the state, according to from Marquette Law School. He was elected to the weighted caseload figures. Reserve Judges Robert W. Wisconsin Senate in 1956, when he was just 29 years Radcliffe and Virginia A. Wolfe helped out until the old. He soon made a name for himself, and was written governor appointed District Atty. Dennis C. Schuh as judge. up as one of the youngest floor leaders in the Surviving Brady are his wife, Kim Hue Nguyen Brady, Legislature’s history. and three grown children. One son, Marine Captain James Moser became a Milwaukee County judge in 1962 H. Brady, was stationed in Kuwait at the time of his father’s and he served as a circuit court judge from 1966 until Judge William R. Moser death; he was able to return for the funeral. he joined the appellate court in 1978. Moser’s wife, Mary Bernadette, son and daughter, and Judge John G. Buchen six grandchildren survive him. Sheboygan County Circuit Court

Judge John G. Buchen, who served as a judge in see Obituaries on page 18 8 Spring 2003

THE THIRD BRANCH Upcoming conferences announced members. Suggestions arewelcomeandshouldbedirectedtooneofthework group New juryWeb siteunderconstruction S communication issuesfocuses on onjury group Work Information Officer Amanda Todd; andintern Anna Thackeray. Deputy DirectorSherylGervasi;DaneCountyJuryClerkDebraRochon;Court County; DistrictCourt Administrators GailRichardsonandPatrickBrummond; Waukesha County;JanePutskey, Waushara County;DianeFremgen, Winnebago interesting siteforanyoneseekinginformationonjuryduty. Web sitewhileaddingcolorandgraphicstothejurypagescreateavibrant, Abrahamson, whodiscussesherownexperienceservingonaDaneCountyjury. will Ibepaid?” The sitewill openwithagreetingfromChiefJusticeShirleyS. service?” to“WhatshouldIwear?”“Isthereanagerestriction?”and“How group hasgatheredsofarrangefrom“Whatarethequalificationsforjury section foremployers,andfrequentlyaskedquestions. The 29questionsthatthe included willbegeneralinformation,aglossary, anoutlineofthetrialprocess,a will providelinkstothe regarding theuseofcellphonesandlaptopcomputers,more. to thecourthouse,parkinginformation,specificsaboutorientation,rules provided onthestatesite. The templatewillallowtheclerktoprovidedirections in thedesignofalocal Web pagethatwillcoordinatewiththeinformation templatewillbeprovidedtoeachclerkofcourt toassist specific information. A navigate, andtooffer direct links toindividualcircuitcourt Web sitesforcounty- July. The goalofthenewsiteistomakejuryinformationeasierlocateand construction, thepagewillbeproposedto Web SiteOversightCommitteein information thatpotentialjurorsandtheiremployersneed.Currentlyunder Chula Vista ResortandConference Center, Wisconsin Dells Oct. 15-17,2003 Meeting oftheJudicialConference Judges areaskedtoreservethese importantdates: State BarinMay2005. of theJudicialConferenceand Annual Conventionofthe Wisconsin willmeetjointlyinMay2005Milwaukee. announced thatthe Wisconsin judiciary andtheState Barof are focusingonhelpingjurorsnavigatethesystem. thanks toagroupofjudges,clerkscircuitcourt,andcourtadministratorswho between thecourtsandjurors–havebeenlessvisible. That ischangingnow, another sectionoftherule–onethatdealswithimprovingcommunication money. population andthatproceduresbeanalyzedtoguardagainstwastedtime that eachcountymonitoritsjurypooltoensureitisrepresentativeofthe newpageonthecourtsystem Web sitewillprovidemuchofthepractical A As countieshaveworkedtomeettheserequirements,efforts toimplement Taking partinthiseffort areClerksofCircuitCourtCarolynEvenson, The workgroupisexploringwaystomaintaintheoveralldesignofcourt The newsitewillpermitonlineviewingofthejurororientationvideo,and The jointmeetingwilloccurduringthe Annual Meeting The ExecutiveCommitteeoftheJudicialConferencehas designed toimprovethetreatmentandselectionofjurors. The rulerequires even yearsagothismonth,the Wisconsin SupremeCourtpassedarule Wisconsin JuryHandbook and jury-relatedstatutes. Also " Midwest Airline Center, Milwaukee Center, Midwest Airline May 5,2005 Meeting Joint Bench&Bar Four PointsbySheraton,Milwaukee May 3-4,2005 Meeting oftheJudicialConference Note: thismeetingwascutinaneffort toreducecosts. November 2004 Cancelled: Meeting oftheJudicialConference ! ! ! ! submit additionalideas: suggestions andinvitereadersto courts treatjurors. They offer these effective waystoimprovehowthe is compilingalistofsimplebut Court Administrator GailRichardson Michael J.RosboroughandDistrict subcommitteeledbyChiefJudge A of thank-youideas Committee develops list Thank-you letters Jury debriefing JrrEpoe ofthe Year’ Employer ‘Juror uo comments Juror democracy. tance ofjuryserviceina service andreiteratetheimpor- jurors toacknowledgetheir certificates ofappreciationto send thank-youcardsand/or hear theirconcerns. their questionsasappropriate,and the jurorstothankthem,answer adjourned, manyjudgesmeetwith delivers itsverdictandcourtis if oneexists. contact thecompany’s newsletter, media totheawardceremonyand headquarters. Alert thelocal courthouse oratthebusiness’ award mightbegiveneitheratthe duty inthepersonnelpolicy. The paid timeoff, orpromotingjury permitting shiftchanges,giving duty easieronitsemployeesby local businessthathasmadejury in theformofaplaque–to award system. ideasforimprovingthe jurors’ of juryservicesolicitingthe comment cardsattheconclusion : Giveanaward–perhaps : After thejury Handout : Somecourts : 9

RETIREMENTS Spring 2003 Court improvement program director records. steps down Haase described his administrative work – especially his THE THIRD BRANCH service on the Records Management Committee – as “a lot Cheryl Calder, who joined of fun.” He said the work helped him to keep current on the Wisconsin court system on trends in the law and improved his understanding of court Sept. 10, 2001, stepped down management issues. on May 1. In retirement, Haase, 64, looks forward to doing Calder managed the Court “whatever I feel like.” He anticipates that this will include Improvement Program, a “a lot of barbershopping” and making “doo-dads” in his federal grant program that has basement workshop. He also intends to convince his wife, allowed the Wisconsin court Vernice, to join him in retirement. She is deputy director of system to assess its strengths the Department of Financial Aids at the University of and weaknesses in handling Wisconsin-Oshkosh. Cheryl Calder cases involving abused and neglected children. She also Thums will step down this summer was responsible for a training and communication effort designed to help ensure the courts’ compliance with the Judge Raymond F. Thums, who has federal Adoption and Safe Families Act (ASFA), which was presided in Branch 2 of the Marathon enacted in November 1997 to promote safety and perma- County Circuit Court since 1988, has nence for children. announced that he will retire effective Interim Deputy Director Sheryl A. Gervasi anticipates July 31, 2003. filling the position in the near future. Thums, 63, informed the governor of his decision in a letter dated March 19. Research analyst retires Because Thums is stepping down in the middle of his term, which runs through Meg Ford retired from the Office of Court Operations on July 31, 2007, the governor will appoint April 18, after nearly 14 years on the job. a successor. Judge Raymond F. Thums As a court operations research analyst, Ford provided Like his four colleagues – Judges technical assistance to the circuit courts on caseload Dorothy L. Bain, Patrick M. Brady, Gregory E. Grau, and management. She studied caseload data to track changes in Vincent K. Howard – Thums handles a general jurisdiction the numbers and types of cases handled in Wisconsin’s trial calendar, hearing a wide variety of cases. Of the current courts. judges, only Howard – who took the bench in 1983 – has served longer than Thums. Haase to retire in January Prior to becoming a judge, Thums spent 24 years in private practice. He earned his law degree from the Judge Robert A. Haase, an University of Wisconsin Law School in 1964. Eagle Scout, barbershop quartet Thums is married with three children. singer, and master punner, will retire in January 2004 after Schellinger not returning to bench more than 21 years on the bench in Winnebago County. Judge Jacqueline D. Schellinger, on Because his term runs through the bench in Milwaukee County Circuit July 2006, the governor will Court since 1992, has announced her appoint a replacement. decision to resign effective August 8. In his years on the bench, Schellinger formalized her decision in a Judge Robert A. Haase Haase has earned a reputation letter dated May 29 to Chief Justice as a hard worker who delights Shirley S. Abrahamson and Gov. Jim in sharing jokes and sometimes painful puns. His strong Doyle. Schellinger has been off on interest in court administration led the Supreme Court to medical leave since December 2002. appoint him as chief judge of the Fourth Judicial In May 2002, Schellinger’s court Administrative District, a post he held for six years. He also was the site of a shootout after a just- Judge Jacqueline D. served for 10 years on the Records Management Committee, convicted defendant grabbed a deputy’s Schellinger which recommends guidelines for the retention of court gun and attempted to escape. The records and necessary statutory or rule changes relating to defendant was killed and a deputy was shot. records management, devises new forms, reviews new and Schellinger’s term runs through July 31, 2005. The existing forms for their legal sufficiency, and establishes governor will appoint a replacement for her; that person will standards and guidelines for effective management of court need to seek election to the post in April 2004. " courthouse beforeparticipatinginanassortmentofmocktrials.Courtstaff organized apostercontestforfourthgradersand The BayfieldCountyBar Association offered freelegaladvicetothegeneralpublicthroughoutday. Circuit CourtKayCederberg alsotookpart. After aquestion-and-answersession,thestudentsweregiventoursofjail. participate asjurors.JudgeJohnH.Priebepresidedandlocalattorneysactedprosecutordefensecounsel.Clerkof Dane County’s Chief JudgeMichaelN.Nowakowskipresidesin T celebrate LawDayinmanyways courts Wisconsin in closingargument thatparticularwolfwasterminatedattheendofstoryand act onthepartof Wolf, butthestrategybackfiredwhendefensecounselpointedout One attorneythisyearintroducedevidencefromLittleRedRidingHoodasapriorbad Robert G. Mawdsleyisusedeachyear, buttheattorneysandactorstakecreativelicense. scriptdevelopedby Waukeshathe BigBad Wolf Judge andthe Three LittlePigs. A played therolesofprosecutoranddefensecounselwhilelocalactorstookparts pigs forthefourthyearinarow. MembersoftheManitowocCountyBar Association trials heldovertwodays.JudgePatrickL. Willis presidedinthetrialsofthreelittle day visitingfourlocalschoolstotalkwiththestudents. branch ofthepubliclibrary. for theevent.Seegerand Von DerHeidereprisedthesessiononMay17atanother ages, includingcourtemployeesandrepresentativesofcommunityagencies,turnedout legal researchonSaturday, May3,attheMadisonPublicLibrary. Eighteenpeopleofall poster); andJudge FayeM.Flancher. Lakshmi Varanasi, 4thgrade,PrairieSchool, (3rdplace Trisha Gopa, 4thgrade,PrairieSchool (2ndplaceposter); Meghan Wallner, 4th grade, PrairieSchool(1stplaceposter); Brownlee, 6thgrade,RaymondSchool (1stplaceessay); County. Pictured are:JudgeDennisJ.Barry;Carley Winners ofthefirstessayandpostercontests inRacine In Bayfield County In In grown innumberandvariety. HereisasmallsampleofwhatwentoninourcourthousesLawDay2003: he Wisconsin courtsbegananorganized, statewideeffort tocelebrateLawDayin1997.Sincethen,thecelebrationshave Buffalo County Manitowoc County Dunn County Emperor’s NewClothes Emperor’s , JudgesRod W. Smeltzerand William C.Stewart Jr. spentthe held amockjurytrialbasedoncriminalcase.Students fromthecounty’s highschoolswereinvitedto , fifthgraderswereinvitedtoobservetraffic andprobatecourt. They alsoweregiventoursofthe , morethan700secondgradersparticipatedinsixmock mock trial. hour programforthepubliconbasic and Connie Von DerHeide, Wisconsin State LawLibrary, presentedatwo- trials formiddleschoolstudents. in thecourthouselobby, gave toursofthebuilding,andworkedonmock staff. seen anywhereelse.” The cast includedfeaturedlocalattorneysandcourt through ontheirpromisetoproduceasuitofclothesthat“couldnotbe students foundthetailorsnotliable,notingthattheyhad,indeed,followed graders. The emperorsuedtailorsSwinandDelforfraud,butthejuryof based on activities. ChiefJudgeMichaelN.Nowakowskipresidedoveramocktrial essay contestforfifthgradersthroughoutthecounty. Also inMadison,librariansPaulaSeeger, DaneCountyLawLibrary, Dane Countylawyersalsostaffed anall-dayfreelegalassistancetable In Dane County The Emperor’s NewClothes courtrooms, visitors couldwatchdemonstrations of Teen Court house foratour that includedavarietyofpossible stops.Inthe that 600kidsfrom10elementary schoolscametothecourt- judges fromanhistoricalperspective. Justice DianeS.Sykesspokeon theprocessesforselecting Law Daywithadinnerdancefor 100localattorneysandguests. sponsored luncheonforthestudents,teachers,andcourtstaff. Association organized theevent,whichincludedabar- the courthouseforweek. The RacineCountyBar savings bondstothewinners,andallentriesweredisplayedat students. JudgeFayeM.Flancherpresented$75and$50 for middleschoolstudentsandanessaycontestelementary were jurorsandwitnesses.Newthisyearwasapostercontest high schools.JudgeDennisJ.Barrypresided,andthestudents could notbehisclient. Winnebago County In Racine County Washington County , thejudgesandbarteameduptooffer anarrayof held amocktrialforstudentsfromfive Bar PresidentKarenSeifertreported for anaudienceoflocalsecond Rohrer, andBailiffMikeRiddle. Bad Wolf), Atty. JosephThuermer, District Atty. Mark Patrick Willis, Atty. DavidPawlowski,R.J.Skrepenski(Big played thethreelittlepigs.TherestofcastareJudge Little Pigs Manitowoc Countyheldamocktrialbasedonthe , thebarassociationcelebrated . SueSchmitt,MaryMellberg,andFaunaLogan see Law Day on page 18 an

THE THIRD BRANCH 2003 Spring Three 10 11

Spring Celebrating National Law Library Week 2003 he week of April 6-12, 2003 was National Library THE THIRD BRANCH TWeek and the Wisconsin State Law Library, Dane County Law Library, and Milwaukee County Law Library celebrated with contests, prizes, displays, and open houses. Even Lady Justice was dressed as a librarian for the week.

Participants were invited to test their knowledge of legal trivia in the following quiz:

Unscramble these legal terms: 1. ENLEIGNGCE 2. EMADSGA 3. PAOBEUSN Door prize winners from the WSLL National Library 4. BTTRARIANOI Week Court Coffee Break: Judy Killian accepting for 5. FNETMIRNIGNE Carrie Janto, Clerk of Courts Office; Theresa Owens, 6. INOTACTI Deputy Clerk of Courts; Ruth Janto-Wolter, Board of Bar Examiners; and Dianne Knopfer, Board of Bar Match these actors with their movies or TV shows Examiners. Not pictured is Lisa Fernan, Clerk of Circuit Courts Office. 1. Dustin Hoffman a. The Music Man 2. Julia Roberts b. Love Story 3. Bradley Whitford c. Law & Order 4. Ali McGraw d. Erin Brockovich 5. Shirley Jones e. West Wing 6. Fred Thompson f. All the President’s Men

Answer these trivia questions 1. On what date is Law Day celebrated?

2. What does the acronym RICO stand for?

3. Freedom of Information (FOI) Day is observed on March 16, the birth date of which U.S. President? Lady Justice dressed as a librarian to celebrate National Library Week. 4. Name the Beach Boys’ classic in which the disobedient daughter “forgot all about the library like she told her old

man…” Answer key to quiz

b. b. Supreme Court of Wisconsin as a separate court separate a as Wisconsin of Court Supreme

6. a. a. 6. , 5 U.S. 137 (February Term, 1803) Term, (February 137 U.S. 5 , Marbur y v y . Madison .

5. 5. 5. In what year was the State Bar of Wisconsin founded? 9) (January 1878

4. 4. “Fun Fun Fun” Fun “Fun 3. 3.

6. a. The year 2003 marks the 200th anniversary of what Madison James mate businesses. businesses. mate

famous U.S. Supreme Court case? legiti- operate to conspiracies criminal organized for crime a it makes

The federal RICO statute, found at 18 U.S. Code sections 1961-1968, sections Code U.S. 18 at found statute, RICO federal The 2. 2.

6. b. And the 150th anniversary of what Wisconsin govern- Organization Corrupt Influenced Racketeer designated by joint resolution of Congress in 1961.” in Congress of resolution joint by designated

mental body? officially celebration of day national a law, under liberty of heritage

“Law Day – May 1st – is a special day focusing on our on focusing day special a is – 1st May – Day “Law 1. May 1st: 1st: May

Names were drawn from the winning entries. Winners of the Trivia

quiz were Colleen Flesher, program assistant for the Order & Law c. = Thompson Fred 6.

Supreme Court; Steve Gloe, Wisconsin Dept. of Regulation Man Music The a. = Jones Shirley 5. 4. Ali McGraw = b. Love Story Love b. = McGraw Ali 4.

and Licensing; Thomas Heyn, Attorney at Law; Wing West e. = Whitford Bradley 3. Marc Weinberger, Librarian, Western District of the U.S. Brockovich Erin d. = Roberts Julia 2.

Courts. Men President’s the All f. = Hoffman Dustin 1.

Matching

Prizes were donated by LexisNexis, Loislaw and Thomson- Citation 6.

5. Infringement 5.

West. " Arbitration 4.

3. Subpoena 3.

2. Damages 2.

1. Negligence 1. Unscramble these legal terms: legal these Unscramble before theyfind their wayintocourt. The Center has50 profits), andneighborhoods toresolvemyriaddisputes and workwithfamilies,organizations (especiallynon- claims actionson Thursday eveningsandFridaymornings, Brown CountyMediationCenter. They handleothersmall moving amuchmorerealisticoption formosttenants. security depositstodispatchthe tenants. The moneymakes are willingtoforgive thatmonth’s rentandtogiveback entitled toanautomaticwrit.Legomskysaidlandlordsoften agreed upondate,thereisnoeviction;ifnot,thelandlord mediator putsitinwritingand,ifthetenantvacatesby still beawaitingtheirdeparture. its housingassistancefortwoyears–andthelandlordmight evicted, Legomskypointedout,thefamilywouldhavelost as directoroftheMediationCenter. Hadthejudgesimply said DianeLegomsky, whomediatedthedisputeandserves brought inmaintenancementohelp.“Itwasverytouching,” develop aroom-by-roomscheduleforvacatingandeven the mediator’s help,thelandlordworked withthetenantsto sorting throughtheirmanypossessionsandpacking. With moved becausetheywereoverwhelmedbythenotionof was doingherbesttorunthehousehold. The couplehadnot both parentswerementallyill;theirdaughter–atage14 couple tonoavail,anditcameoutduringmediationthat landlord hadtriedformonthstocommunicatewiththe they findit. ground. Inmanycases,andinthemostunexpectedplaces, ready toassistdisputantswillinglookforcommon teers fromtheBrownCountyMediationCenterwhostand to bringthingsdownanotcharetwoorthreetrainedvolun- and tempersflarealmostasfastaccusationsfly. Working isfied tenants. This isthereturn dayforcontestedevictions, guardianship programbyhonoringherwithaplaque. Bonacci's servicetotheelderlythroughcounty’s arrangements. LangladeCountyrecentlyrecognized when thetimecomes,assistswiththeirfuneral individuals withlife’s dailychallenges,andsometimes, elderly adultsinthelastsevenyears.Shehelpsthese Guardianship programhelps elderlyinneed at-risk adultssafefromharm. and securityofelderlywards;thesecondfocusesonkeeping program recruitsvolunteerguardianstomonitorthesafety Wisconsin’s LangladeCounty, population20,000. The first A neighborhoods tofamilies, Brown CountyMediation Centerexpands services T Langlade County programs assisttheelderly Countyprograms Langlade OUTESI H COURTS THE IN VOLUNTEERS Arlene Bonaccihasbeendesignatedasguardianfornine When landlordandtenantreachanagreement,the Landlord-tenant disputesarejust onefocusforthe Recently, afamilyofthree wasfacingeviction. The some ofthemostvulnerablecitizensinnortheast wo programsarehelpingtosafeguardthewell-beingof bring frustratedlandlordsface-to-facewiththeirdissat- t thecourthouseinGreenBay, Wednesday afternoons local foundationtosupporttheracial/ethnic work. mediations, andtheCentersecured asmallergrantfrom Housing andUrbanDevelopment toconductneighborhood secure a$10,000grantfromthe U.S. Departmentof The GreenBayPoliceDepartmenthelpedtheCenterto resolving neighborhooddisputesandracial/ethnicconflicts. not speaking. They allmeetmonthlywiththemediator. now holdingitsown,althoughtwoofthesiblingsstillare fighting aboutwhatwasbestforeachofthem. The familyis refocused onwhatwasbestforMom,theywereabletostop medical careandforthefamilyfarm.Oncesiblingshad for fearofmakingitworse–tostateherpreferences convinced Mom–whowastryingtostayoutofthemess mother andwantedthebestforher. The mediatorthen agreed upononeimportantthing:thattheylovedtheir lives. After 10suchmeetings,theydiscoveredthatall rivalries thathadresurfacedatthisstressfuljunctureintheir adult childrenandtheyhadadiscussionabouttheold problems throughmediation. The mediatorbroughtinallthe issued. spouses jumpedintothefightandrestrainingorderswere power ofattorneyformedicalmatters. Then thesiblings’ financial matterswasnotspeakingtothesiblingwith and, beforelong,thesiblingwithpowerofattorneyfor to dowiththefamilyfarmandhowtakecareofMom children. The sixchildrenwere unabletoagreeaboutwhat who leftherfarmforthesuburbstolivecloseradult aging parents.Onerecentcaseinvolvedanelderlywoman court disputes. regular mediators;halfworkincourtandfocusonnon- however, whenthatdoesnothappenandBonaccimuststep receive homecarevisitsthreetimesaday. There are days, apartment andissupposedto woman livesaloneinan volunteer guardians. The commitment requiredof old woman,highlightsthe most recentward,an88-year- Bonacci’s experiencewithher social servicesagency. Donna Retzakofthecounty’s invest thetimeneeded,”said guardians thatarewillingto [email protected]. contact Legomsky at(920)438-7067ore-mail For moreinformationontheBrown CountyMediationCenter, socialworkeraskedthefamilytotryaddressing its A In 2003,LegomskysaidtheCenterwouldfocuson Increasingly, Legomskysaid, the familydisputesinvolve “It’s hardtofind see Guardianship on page 14 " Photo credit: Associated Press Court. County Circuit Jansen, Langlade Judge JamesP. guardian from for herworkasa accepts anaward Arlene Bonacci THE THIRD BRANCH 2003 Spring 12 13

Spring WISCONSIN CONNECTS 2003

THE THIRD BRANCH Wisconsin courts build national of abduction on children, the significance of the Hague presence Convention, and more. Gonzalez is now qualified to conduct a training session on this topic for her In spite of the continued moratorium on state-sponsored Wisconsin colleagues. The college paid her expenses trips, opportunities for national and international travel through a scholarship. continue to materialize for Wisconsin judges and court staff. The travel is made possible through scholarships from ! In March, Judge Timothy G. Dugan attended the Science educational groups and professional organizations that and the Law Institute sponsored by Brooklyn Law recognize the value Wisconsin experts add to their School. programs. The people of the state are ultimately the beneficiaries of DCA is working near Iraq these trips, as the travelers return home and share ideas and information with their Wisconsin colleagues at judicial Ninth District Court Administrator Scott K. Johnson, an education seminars. Here is a sample of recent opportuni- Air Force major, continues to work nearly around the clock ties: in an undisclosed location in the Persian Gulf region. He arrived there the first week in March and does not know ! In June, Chief Judge Joseph M. Troy, Outagamie County when he will return home: because his unit supports opera- Circuit Court, will attend a leadership workshop tions, it is “generally first in and last out,” he said. focusing on solving problems in the courts. The Johnson is a commander of the 376 Expeditionary workshop is offered Services Squadron, part of the 376 Aerospace Expeditionary at the National Wing. His squadron is Judicial College in responsible for building Reno. He attended the tent cities where the on a scholarship forces live and meeting from the college. all of their needs, from food and shelter to ! In August, Judge recreation. Procuring Louis Butler, potable water has been Milwaukee County especially key: Circuit Court, will “Thousands of liters of teach classes on bottled water are criminal procedure consumed here and on judicial weekly,” he said. activism at the Johnson described National Judicial the living conditions as District Court Administrator Scott K. Johnson (left, supervising the “fairly austere.” The College in Reno. construction of a dining facility) departed his Wausau-area home in early The college is March for the Middle East. As a commander, he has overseen the troops live in tents in paying his expenses. construction of an air base and helped to develop programs there to meet the desert, where most Reserve Judge the many needs of the soldiers in residence. days the temperature is Thomas H. Barland will travel on his own dime to San at least 100 degrees. Francisco as Wisconsin’s delegate to the National “We have experienced several sandstorms while here that Conference of State Trial Court Judges. require the use of goggles and a ‘ranger rag’ or large scarf,” he said. “Rain is a rare event here – heat and wind are ! In October, Chief Justice Shirley S. Abrahamson and not.” " Court Information Officer Amanda K. Todd will present at the Canadian/American Appellate Judges Seminar in In Johnson’s absence, several of his fellow DCAs are Victoria, British Columbia. Abrahamson will speak on managing the courts in his district. Gregg Moore, based in “Appellate Judging as a Craft” while Todd participates Eau Claire, is covering Iron, Oneida, Price, Taylor, and Vilas in “Judging in an Age of Media Scrutiny: How to counties. Moore can be reached at (715) 839-4826 or Cope.” The trip is paid for by the American Bar [email protected]. Kathleen M. Murphy, Association. based in Green Bay, is responsible for Langlade, Menominee, and Shawano counties. Murphy can be reached at (920) 448- ! In April, Judge Ramona A. Gonzalez, La Crosse County 4280 or [email protected]. Retired Circuit Court, completed a five-day course on interna- District Nine DCA James Seidel is working two days per week tional kidnapping at the National Judicial College in in the district office in Wausau; he is handling Florence, Reno, Nev. The course covered how to make orders for Forest, Lincoln, and Marathon counties and can be reached return and prevention, custody rights issues, the impact at (715) 842-3872 or [email protected]. District meeting withdrawal andcalledlawenforcementtolookintoit. After account, herbanktooknoticeoftheunusuallylarge At-risk team [email protected]. For information,callPechaat(715)627-6213ore-mail currently seekingpeopleinterestedinbecomingguardians. Register inProbateJoyPechataking thelead.Sheis for volunteerguardians,itismovinginthatdirectionwith While LangladeCountydoesnotyethaveaformalprogram because theycan’t talktoyou.” you fromthemandsometimesdon’t getanything service tothem,”shesaid.“Sometimesyougetabigthank rewarding. “IknowIamhelpingpeopleandbeingof reached,” Bonaccisaid. leave townwithoutstaff andpeopleknowingwhereIcanbe wishes tobeplacedonarespiratororlifesupport.“Inever medical care,sometimesevenconveyingwhethertheperson make difficult decisionsabouttheward’s financesand for mileageandsomeexpenses.Inexchange,theymust arises. They arepaidastipendandreceivereimbursement the womanagreedtoreceivemedicalcare. doctor, Bonaccitooktimewithher, earninghertrustuntil needs shemighthave. When thewomanrefusedtogo in tomakesurethewomanisfedandtakecareofanyother Guardianship “[But] thereistremendous vitalityandcreativity amongthe easy tobecome overwhelmed bythechallenges,” hesaid. find waystomaintaintheirenergy andenthusiasm.“Itis state courts,andthatjudges,clerks, andcourtstaff needto caseloads andtightbudgetsmake fortryingtimesinthe conjunction withtheeventandactivity report. isespeciallyuseful in pending cases,notingthat‘drill-down’ featureinthereportthatsummarizesagesof ‘drill-down’ for theiruse.Sheemphasizedtheusefulnessofnew reports andtheeventactivityreport,withinstructions cases, providingwrittendescriptionsofthefivestatistical Court Automation Programs(CCAP)tohelpjudgestrack Richardson reviewedthetoolsavailableonConsolidated strate theutilityofreportsandencouragetheiruse. judicial assistantsineachcountythedistricttodemon- Administrator GailRichardsonisworkingwithclerksand monitoring andinformationsystem.DistrictFiveCourt as theyexperimentedwithnewideas. successes (andfailures)experiencedbyhisandothercourts concepts andelementsofcasemanagementreviewthe tionnaire, andamusingvideopresentationstooutlinegeneral Burke employedgroupexercises,aself-assessmentques- When anelderlywomanwithdrew$10,000fromher The courtappointsvolunteerguardianswhentheneed In spiteofthechallenges,Bonaccifindsworkvery Burke concludedbyacknowledging thatincreasing One keyelementofeffective casemanagementisa responses tothesequestionsasaguide, Using thejudges’ continued frompage 12 continued frompage 4 County.” “Elder abuseisontheriseacrossnationandinLanglade or financiallydependentupontheabuser,” Retzaksaid. talk aboutthingslikeabuse,orbecausetheyareemotionally don’t reportbecausetheygrewup in timeswhenyoudon’t well asself-neglect.“Elderlyandvulnerableadultsoften psychological, material,andfinancialabuseneglect,as developmentally disabled. recently expandedtoservingthementallyilland They alsodebriefcasestolearnfromoneanother. The team to improveserviceselderabusevictimsandtheirfamilies. involved asfamilysizesaregettingsmaller,” Jansensaid. ears ofthefamily. “We seefamilymembersgettingless the elderly. They are,inmanycases,servingastheeyesand others tohelpthemidentifyalltypesofabuseandprotect enforcement, thefiredepartment,healthcareworkers,and build theteamandprovidetrainingforjudge,law seniors, and,in1998,the At-Risk Team wasformed. Circuit Court,toexplorepossiblewaysprotectvulnerable police wenttoJudgeJamesP. Jansen,LangladeCounty multiple organizations hadbeenhasslingherformoney. The officers talkedwiththewoman,theydiscoveredthat some ofthepitfallsthatwewill face inimplementingit.” many practicalandhelpfulsuggestions ondealingwith sive overviewnotonlyofthepolicy behindthelawbut and Ms. Timmerman providedathoroughandcomprehen- James Evenson,SaukCountyCircuitCourt.“JudgeMurphy law andachallengeinmanyrespects,”saidChiefJudge presentsanewchapterin Wisconsin juvenile useful. “ASFA participants inthemeetingfoundinformationvery fully implement ASFA. represent allinvolvedoffices andpartiesinordertosuccess- these issues;theyencouragedthejudgestobuildteamsthat Timmerman havetraveledthestateprovidingtrainingon Deputy CorporationCounselJodi Timmerman. Murphyand Murphy, SheboyganCountyCircuit Court,andRockCounty and SafeFamilies Act (ASFA) withhelpfromJudgeJohn spent adayreviewingthenewprovisionsof Adoption with whatIsawandheard.” people Imet.amthankfulfortheinvitationandimpressed (715) 627-6500. For moreinformationonthe At-Risk Team callRetzakat ASFA’s impactonthecourtswillbe substantial,and The teamhasseencasesofphysical,sexual, The 28-memberteammeetsbi-monthlytodiscusshow The county’s socialservicesdepartmentledtheeffort to The circuitcourtandreservejudgesinattendancealso " "

THE THIRD BRANCH 2003 Spring 14 15

Spring PEOPLE 2003

THE THIRD BRANCH Chief Judge Michael N. Nowakowski’s ruling in favor thanked the center for providing “a highly intuitive and of permitting the inmates at the Supermax prison in straightforward self-help website” that provided “all the Boscobel to subscribe to the local newspaper made documents I need, in hard copy, in under 20 minutes….” headlines around the state in April. Prison officials had A 19-year-old drunk driver who ran a stop sign in West banned the Boscobel Dial because they feared that Allis, killing a 26-year-old aspiring pediatrician, prompted personal information about prison guards and their Judge John Franke to call for a change in the OWI statute. families, as well as members of the community, was too “I’m willing to sacrifice this readily available in its pages. Nowakowski, however, defendant on the altar of general found the policy to be unconstitutional. Allen Highman, deterrence,” he was quoted as a spokesman for the prison guards’ union, explained the saying, “but changing the law and ban in The Capital Times: “These are predators. They’re making the first drunken driving not nice people. They didn’t get there by missing Sunday offense criminal would do more for school,” he said. “You're exposing the community… general deterrence.” The Milwaukee Chief Judge Michael N. Nowakowski because they’re going to be able to tell who’s passed Journal Sentinel pointed out that away, who’s a widow or a widower that they might be first-offense drunk driving is now targeting.” subject to a civil forfeiture. Judge John Franke “Lawyers, judges oppose Doyle’s proposed sentencing Judge Barbara A. Kluka guidelines,” was an Associated Press story that appeared in figures prominently on the list of people and events that numerous papers around the state. It set forth some of the incoming State Bar President George Burnett remembers concerns about the governor’s proposal to require the new from his Kenosha childhood. Burnett told the Kenosha Sentencing Commission to report on whether sentences News that Kluka made an impact as his history teacher at St. under Truth-in-Sentencing are consistent, cost-effective, and Joseph High School in Kenosha, where she taught for seven promote public safety and the integrity of the criminal years between college and law school. Burnett takes over for justice and corrections systems. If the sentences were found State Bar President Patricia Ballman on July 1; Madison not to meet these standards, then the Sentencing Atty. Michelle A. Behnke will take over as president-elect. Commission would be required to create mandatory The Wisconsin State Law Library’s state-of-the-art sentencing guidelines. The proposal was moved out of the computer training center, an eight-workstation room where state budget and may be introduced as a separate bill. librarians regularly provide research training for judges, The sentencing of a man who suffers from amnesia lawyers, paralegals, and court staff, was featured in a and is unable to recall the car crash that killed his friend national magazine in April. The article, “Configuring made headlines in the Milwaukee Journal Sentinel Computer Labs/Training Needs Dictate Computer Lab recently. Brent Totten, 22, got a year in prison for killing Designs,” appeared in the AALL (America Association of a 20-year-old man who was a passenger in Totten’s Law Librarians) Spectrum Magazine. It showed Julie $88,000 sports car. Totten had been speeding and lost Tessmer, the library’s director of collection management, Judge James R. Kieffer control on a curve, crashing into a tree. Waukesha County teaching a course on Web-based research. Co-State Law Circuit Judge James R. Kieffer told Totten: “The fact that Librarian Jane Colwin explained in the story that plans are you have amnesia does not absolve you from causing the in place to rent out the facility, which is located within the death. This was not an accident. An accident is a situation library on the Capitol Square, to private law firms and state which arises by mere chance. You chose to negligently government agencies at a rate of $40 per hour. operate this motor vehicle.” Justice Jon P. Wilcox visited The Journal Times (Racine) with students at Madison’s Frank captured Chief Justice Shirley S. Allis Elementary School in April Abrahamson high-fiving Jalen Riley, after receiving a handwritten invita- 10, during a visit to Colin Lewis’ tion from one of the students. In his class at the Racine Montessori letter, fourth-grader Jared Grunert School. The class chose famous encouraged Wilcox to contact his Wisconsinites to study this term, and teacher, Mrs. Parker, to arrange a Abrahamson was among those visit. The boy covered all the bases selected, along with Hank Aaron. before signing off: “If you can’t Justice Jon P. Wilcox District Two Chief Judge Gerald P. come,” he wrote, “can you get me Photo credit: Ron Kuenstler, The Journal Times Ptacek, whose child is in the class, your autograph anyway?” Chief Justice Shirley S. Abrahamson, in a photo from The Journal Times (Racine), helped to arrange Abrahamson’s visit. Judge Richard J. Sankovitz, Milwaukee County Circuit high-fiving Jalen Riley, 10. “Online help for pro se litigants” a Court, took calls from the public on WTMJ-AM radio on a news brief in the January-February variety of criminal law issues with Atty. Marla Stephens of issue of Judicature, highlights the Waukesha County Family the State Public Defender’s Office’s Appellate Division and Court Self-Help Center’s Web site at courtselfhelp.wauke- Atty. Rachel Schneider, who chairs the Milwaukee Bar shacounty.gov. The article quoted one Internet visitor who Association’s Legal Services to the Indigent Committee. In

see People on page 17 Supreme Court videoisavailable Court Supreme 264-6256 ore-mail [email protected]. Copies ofthevideotape areavailable.To inquire,call(608) government. the Courtasleaderofthirdbranch Supreme Courthandlesandtheroleof describes thetypesofcases Chief JusticeShirleyS. Abrahamson In heropeningremarksinthevideo, Beth BishopPerrigoprovidedvoiceover forthevideo. numerous staff members,including: SupremeCourtClerk Foundation, thevideofeaturesvoicesandfacesof State CourtsJohn Voelker. ence withInterimDirectorof open administrativeconfer- their clerks,andmeetingin working inchamberswith pick amajoritywriter, private caseconferenceto flipping pokerchipsina justices inoralargument, seven justices.Itshowsthe includes commentsfromall administrative functionsand Court’s case-decidingand tour theCapitoleachyear. mately 200,000peoplewho the Courtforapproxi- Room toexplaintheworkof Supreme CourtHearing continuous loopinthe anniversary, isnowcomplete. The tapewillplayona Supreme Court,producedinhonoroftheCourt’s 150th EERTN H SESQUICENTENNIAL THE CELEBRATING professional12-minutevideotapeonthe Wisconsin A The videoillustratesthe Funded witha$10,000grantfromthe Wisconsin Law Here, JusticeJonP. Wilcox isreadiedforhisappearance. camera forthenewvideoaboutWisconsin SupremeCourt. localmake-upartist spiffedupthejusticesbeforetheywenton A Regulation Intake Lawyer Hass; Office of Director David Education Becker; Judicial and Jonathan Bankier Plotkin Law ClerksGabe Supreme Court Sherie Sasso; Court Assistant Nodolf; Supreme Marshal Tina Supreme Court Cornelia G. Clark; Administrator District OneCourt more. Deputy O’Mahar; and Carter and Alice Specialists Sheri relations atluncheon 7thCircuit Justice federal-state stresses Chief history legal Wisconsin's of Snapshots of judgesandjudicialcandidates. in 1997tostudythepoliticalactivitiesandcampaignwork Ethics, abodythatthe Wisconsin Supreme Courtappointed chairman oftheCommissiononJudicialElectionsand located inGreenBay. ShethankedFairchildforhisworkas judgeship in Wisconsin’s EasternDistrict–thefirsttobe Court judgewhenhewastappedin April 2002forthenew Court of Appeals; GriesbachwasaBrownCountyCircuit Supreme Courtpriortotheirappointmentthe7thCircuit Coffey andFairchildwerejustices ofthe Wisconsin Coffey, Thomas E.Fairchild,and William C.Griesbach. whose experiencespansbothsystems:JudgesJohnL. justice system.Sherecognizedthree Wisconsin judges tion betweenthestateandfederaljudiciariestoimprove will valuejudicialindependence,”shesaid. maker ifandwhentheyhaveadisputetoresolve,then confidence thattheywillfindafairandimpartialdecision- wise ones,whentheytrustthatthesystemworksandhave branch ofgovernmentisnottomakepopulardecisionsbut people understandthattheroleofanindependentthird said, ismakingsurethepublicknowsitsworth.“When said. And thekeytosafeguardingjudicialindependence,she appeals judgesandmagistratefrom Wisconsin, attorneys atitsMay convention.State BarPresident Patricia of “snapshot”presentationsbyhistorians, judges,and 125th birthday, theState Barof Wisconsin offered aseries 25th,anditsown Supreme Court,theCourtof Appeals’ Abrahamson alsoemphasizedthevalueofcommunica- To honorthe 150thanniversaryofthe Wisconsin Speaking toanassemblyoffederaldistrictandcourt see Sesquicentennial above allelse, Abrahamson value theirindependence elected orappointed,must Stevens askeynotespeaker. Court JusticeJohnPaul featured U.S.Supreme Association luncheonthat opened a7thCircuitBar systems. Herremarks tionship betweenthetwo importance ofastrongrela- state courtsshareandthe values thatthefederaland Abrahamson stressedthe Chief JusticeShirleyS. Wisconsin SupremeCourt, several membersofthe Illinois, andIndiana All judges,whether on page 22

THE THIRD BRANCH 2003 Spring 16 Glonek Judge GeorgeL. Judge JohnW. Roethe Koschnick Judge RandyR. 17 Spring 2003

THE THIRD BRANCH Court, praisedthe Court Appointed Special Advocates dispute resolutionprogramssuchasteencourtandrestora- advances, andtheadventofcourt-connectedalternative named anincreasein changes hehaswitnessedinhis18yearsonthebench.He Court, spokewith by theRockCountyCircuitCourttorevamppoliciesand headlined astoryin event. setting upareceptionandluncheonfollowingtheunveiling Chief Judge crossing thebordertobuytheirfavoritespreadinIllinois. for Judge the saleofmargarine in Wisconsin –broughtbackmemories which theSupremeCourtstruckdownalawthatprohibited daughter, started ateamatOconomowocHighSchoolwhenhis Court, hasbeenjudgingmocktrialsforseveralyears,and defender representation. update the15-yearoldeligibilitystandardsforpublic addition totakingcalls,theydiscussedthepressingneed PEOPLE (Superior) thatpeoplehaveunderstood thedelays. schedule eachweek.Hetold Court. Onecasefeaturedintheexhibit–1927 brates the150thanniversaryof Wisconsin Supreme the endofthisyearbyaddinga few extracasestohis August 2002.Glonekishoping to erasethebacklogby Joseph McDonald judge therewasgoingtobesome catchupafterJudge Circuit Court.Glonekknewwhenhestartedhisdutiesas lenging forJudge who lackrespectforauthority. negative developmenthasbeenanincreaseinlitigants tive justiceasthebiggestchanges.Luccisaidone get backtowhereitshouldbe.” been,” saidJudge years, thelevelofreviewhasn’t been whatitshouldhave guardians arenotfiledontime.“Overthelastnumberof will bealertediftherequiredannualreportsfrom appointed guardianswillbeenactedandthatthecourt P. Daley accounts.Judge properly maintainingtheirwards’ judges discoveredthatseveralguardianswerenot procedures forguardianships. The projectbeganafterthe Courthouse forthearrivalofatravelingexhibitthatcele- manner.” [teenagers] learnhowtoresolveconflictsinacivilized told thepaperthatmocktrialprogram“helps year whoalsobecameamocktrialparticipant. The judge family hostedaGermanexchangestudentfortheschool party fortheOconomowocteam,andthatKoschnick the program,notingthatheputonanend-of-seasonpizza Freeman Judge “County watchingoverguardiansmoreclosely” Judge Judge Catching uponbackloggedcaseshasprovenchal- The JournalTimes Daniel S.George Randy R.Koschnick Katie Dennis J.Barry told (Waukesha) highlightedhisinvolvementwith Michael T.Lucci Gerald P. Ptacek , becameastudentthere. An articlein The Gazette continued frompage 15 The DailyTelegram The JanesvilleGazette George L.Glonek John W.Roethe pro se became illandthenpassedaway in (Racine) wasattheRacineCounty , whorecalledhisauntanduncle , ColumbiaCounty Circuit litigants, technological that betterguidelinesforthe , DouglasCountyCircuit organized theexhibit’s visit, , Jefferson CountyCircuit The DailyTelegram . “Sonowit’s goingto (Superior) aboutthe , DouglasCounty about aneffort James The Nowakowski making thenews.InDaneCounty, ChiefJudge Watertown DailyTimes community. Klossner’s speechwas reportedinthe commit themselvestoworkthat willimprovethe larger communityasanextensionoftheirfamilies,andto person’s lifetimeandencouragedthestudentstoview He notedthattheconceptof“family”evolvesovera responsible totheircommunitiesaswellfamilies. County CircuitCourt,encouraged4-Hmemberstobe Family LearningDay, Judge people. legal services,isnotexclusivelyforSpanish-speaking Freeman Ramirez said. Atty. “Centro Legalcanensurepeoplehaveafairshakeincourt,” which provideslegalservicestolowincomelitigants. Court, spokeataceremonyopeningLaCasa’s CentroLegal, second term. Hraychuck wasreelectedtoa Sheriff District Attorney other twowomenelectedwere high positionsinPolkCounty. The first womeneverelectedtothese (Frederic) reportedthattheyarethe County. The to thetopjudicialseatsforPolk three womenthathavebeenelected Polk CountyCircuitCourt,isoneof expressed confidencethattheycouldbeachieved. newspaper thatthosegoalsare“extremelyambitious”but less than18months.Hassinacknowledgedinthe percent ofcivilcasesinlessthanayear, and95percentin Freeman for reducingthetimeittakestoresolvecases,reported Last yearJudges set ambitiousgoalsforresolvingcasesinashorterperiod. increase inlawsuitsrecentlycausingthecounty’s judgesto followed. orders regardingtheircarearebeing ensure theyaresafeandthatcourt involved inCHIPScasestohelp volunteers monitorchildren ordered bythecourt. Trained CASA the kindsofserviceswarrantedand ensure thatchildrenarereceiving is “anothercheckandbalance”to Republic to thecourt.Hetold resource whosevolunteersperformaveryvaluableservice (CASA) programinColumbiaCountyasawonderful Hassin Jr. As keynotespeakerattheHustisfordHighSchoolannual Waukesha Countyhasseenan Courthouse constructionandremodeling projectsare Judge Judge Ann Hraychuck (Baraboo) thattheprogram (Waukesha) thatthecenter, whichoffers bilingual Wueh) h ugs goalsaretodisposeof90 (Waukesha). The judges’ Ralph M.Ramirez Molly E.GaleWyrick , and Inter-County Leader is cautiouslyoptimistic aboutaplanto Robert Mawdsley J. MacDavis Karen Smith Paul Hauer . News- . Daniel W.Klossner , WaukeshaCircuit County , and Lee S.Dreyfus Jr. , of CentroLegaltold agreed tosethighgoals George Judge DanielS. GaleWyrick Judge MollyE. see People Michael N. , Dodge on page 21 , Donald The The Eastern DistrictBarhonorsfive announced ‘Women inLaw’ Supreme Court,wascitedin2000. de Nie,aformerprogramassistanttothe Wisconsin has beenafinalistforthisprestigiousaward;KarenLeone Executive DirectorTia Torhorst at(414)276-5933. For moreinformationregardingtheEDWBA,contact EDWBA Milwauke. Atty. MaryK. Wolverton, Peterson,Johnson&Murray, Weaver Williams, MarquetteLawSchool,Milwaukee;and University of Wisconsin LawSchoolfaculty);Prof.Phoebe (Steingass soonwillleaveprivate lawpracticetojointhe Susan R.Steingass, Habush,Habush &Rottier, Madison Maureen A. McGinnity, Foley&Lardner, Milwaukee; Atty. McGarity, U.S.BankruptcyCourt, Milwaukee; Atty. Peg Lautenschlager, Madison;JudgeMargaret Dee Lawyers MutualInsuranceCo.,Madison; Attorney General other sevenhonoreesare: Atty. KatjaKunzke, Wisconsin for theircontributionstothe Wisconsin justicesystem. The for2003. Law’ Court InformationOfficer Amanda K. Todd as‘Women in Ramona A. Gonzalez,LaCrosseCountyCircuitCourt;and S. Curley, Wisconsin Courtof Appeals, DistrictI;and ! announced thehonorees: the PfisterHotelinMilwaukee. lawyers andjudgesatitsfirstannualmeetingonJune18 (EDWBA), establishedoneyearago,willhonorfive ! ! ! AWARDS Atty. Nathan A. Fishbach,presidentoftheEDWBA, The newspaperhonors10outstandingwomeneachyear The The EasternDistrictof Wisconsin Bar Association Atty. FranklynM.Gimbel,whowillreceivetheJudge Attys. HannahDuganandD.MichaelGuerin,whowill U.S. DistrictJudgeJ.P. Stadtmueller, whowillreceive United States BankruptcyJudgeRussell E.Eisenberg, the JudgeRobert W. Warren PublicService Award; Bankruptcy Award; who willreceivetheJudgeDaleE.Ihlenfeldt Myron L.GordonLifetime Achievement Award; and in theformationofEDWBA. receive theFounder’s Award fortheirinstrumentalrole Wisconsin LawJournal (continued frompage 2) has namedJudgesPatricia " Monroe CountyCircuitCourt Judge JamesW. Rice association toplantheevents. Bissett workedwithasmallcommitteeofthecountybar Court CommissionerDaniel Judge BarbaraHartKeyand around inanemergency vehicle. meet theK-9unit,andclimb family courtcounselingoffice, the 911 dispatchcenterandthe courthouse, studentscouldvisit mock Thomas J.Grittonconducteda acquitted Blacksheep).Judge (the studentsonthejury lunch Mary Goodie-Two-Shoes’ who wascharged withstealing Judge Robert A. HaaseintheroleofBobB.Blacksheep, as wellamocktrialshowcasingtheactingtalentsof Law Day two daughters,andeightgrandchildrensurvivehim. cannon. Purple Heartafterbeinghitwithshellfragmentsfroma medic withthe4thInfantryDivisioninEurope.Hewon mediation andarbitration. reserve judgewhilemaintainingaprivatelawpracticein Wisconsin Courtof Appeals. of asingle-leveltrialcourtsystemandcreatedthe Court reorganization eliminated thecountycourtsinfavor the legislativecommitteethatdesignednewsystem. instrumental inthecourtreorganization of1978,servingon appointed asacountyjudgeonMarch1,1964.Hewas Sparta for14yearsbeforebeing School, Ricepracticedlawin University of Wisconsin Law 30. Hewas78. died ofprostatecanceronMay District, Judicial Administrative chief judgeoftheSeventh from 1964through1995,andwas Monroe CountyCircuitCourt who servedonthebenchin OBITUARIES 1950 graduateofthe A Rice’s wife,BarbaraHughesRice,andhisthreesons, Rice retiredonJuly31,1995butcontinuedtoserveasa Reserve JudgeJames W. Rice, Prior tolawschool,Riceservedin World War IIasa voir dire . Elsewhereinthe continued frompage 10 (cont. frompage 7) " Courthouse. courtroom intheWinnebago County demonstration inJudgeThomasJ.Gritton's Oshkosh-area teensconductedaTeen Court Judge JamesW. Rice "

THE THIRD BRANCH 2003 Spring 18 Judge ShelleyGaylord Gableman Judge MichaelJ. Judge KendallM.Kelley 19 Spring 2003

THE THIRD BRANCH Corps. four yearsintheU.S.Navy’s Judge Advocate General’s a prosecutor, heworkedinprivatepracticeandspentnearly founder oftheDane CountyBar Association’s training circuit courtand municipalcourtseminars.Shealso isco- Shelley Gaylord Dane CountyCircuitCourt,Branch6 Burnett CountyCircuitCourt Kendall M.Kelley Brown CountyCircuitCourt,Branch4 Election Law in1989. College andgraduatedfromthe William MitchellCollegeof against lawyers. the District11 committeefortheinvestigationofcomplaints municipal attorneyforseveralcommunities.Healsositson Anderson. Herunsageneralpracticeandservesas County andapartnerinthelawfirmofSpears,Carlson& Anderson receivedhisbachelor’s degreefromLuther Anderson, incontrast,isalifelongresidentofBayfield for oneyearandinLangladeCountytwoyears. from MarquetteLawSchoolin1987.Beforebecoming Law School’s LegalDefenseProjectandteachesat this, hewasanassistantprosecutorinMarathonCounty 2002, hewas Ashland Countydistrictattorney;priorto Department of Workforce Development.From1999- briefly asanadministrativelawjudgeforthe Circuit Court,Gablemanlivedin Appleton andserved district attorney, KennethL.Kutz. successfully stoppedachallengefromthecounty’s in September2002afterJudgeJames Taylor retired, Scott McCallumwhotookthebenchinBurnettCounty from theUniversityofDallasandearnedhislawdegree and servedasthecourt’s firstjudge. establish amunicipalcourtforthe Town ofSuamico years priortohisjudicialappointment.Hehelped opponent wasDePere Atty. Marc A. Hammer. bench, wonelectiontoafullsix-yeartermin April. His William C.Griesbach’s appointmenttothefederal McCallum in2002tofillavacancycreatedbyJudge served asaninstructorfortheUniversity of Wisconsin practice, whereshefocusedonjuvenile law. She has a municipaljudge,Gaylordspent 13yearsinprivate 1993 andhasbeenre-electedtwice. Priortobecoming Callaway, whoisretiringafter13yearsonthebench. Brynelson, intheracetoreplaceJudgeRichardJ. S. Anderson, apartnerinthelawfirmof Axley municipal judgesince1993.Shedefeated Atty. Michael Shelley Gaylord,whohasservedasMadison’s full-time Michael J.Gableman Prior tobeingappointedtheBurnettCounty Judge MichaelJ.Gableman,anappointeeofGov. Kelley wasanassistantdistrictattorneyforfour Judge KendallM.Kelley, appointedbyGov. Scott Gaylord waselectedtothemunicipal courtbenchin Dane County’s newJuvenileDivisionjudgeis Kelley receivedhisbachelor’s andmaster’s degrees continued frompage 6 Abuse InterventionService. and past-presidentoftheboarddirectorsforDomestic programs forfamilylawmediatorsandguardians James R.Beer Green CountyCircuitCourt Robert H.Rasmussen Court, Branch2 Polk CountyCircuit David L.Borowski Milwaukee CountyCircuitCourt,Br. 12 Marquette LawSchool. University of Wisconsin-Madison andhislawdegreefrom 1970s. and wasthecounty’s districtattorneyfortwoyearsinthe for eightyears.Healsoservedatermonthecountyboard Green Countycourtcommissioner becoming ajudge,Beerwas term thefollowing April. Priorto 1996 andwaselectedtoafull Tommy Thompson inOctober public defender. Sturdevant, anassistantstate challenge from Atty. RogerD. County’s judge,fendedoff a his secondtermasGreen Branch 2judge. to athirdtermasPolkCounty’s Timothy J.Lauxtowinelection off achallengebyOsceola Atty. Circuit Courtsince1991,fought on thebenchinPolkCounty city authorities. Review Appeals Board,abodythatreviewstheactionsof returns, andconductingincustodyhearings. conferences, takingpleas,sentencing,reviewingwarrant commissioner since1998,Borowskipresidesatpretrial tion, andbusinesscommerciallaw. As amunicipal court 1996. Hispracticeemphasizespersonalinjury, civillitiga- has beenasolepractitionersince University LawSchool,Borowski 25 yearsonthebench. Skwierawski, whoisretiringafter Chief JudgeMichaelJ. replace Skwierawski’s father, Audrey Skwierawskiandwill District Atty.defeated Assistant Commissioner DavidL.Borowski 1991graduateofMarquette A Beer earnedhisundergraduate degreefromthe Beer wasappointedbyGov. Judge JamesR.Beer, seeking Rasmussen isaLa Crosse Judge RobertH.Rasmussen, Borowski isalsochairoftheMilwaukee Administrative Milwaukee MunicipalCourt Rasmussen Judge RobertH. Judge JamesR.Beer Judge DavidL.Borowski see Election on page 20 ad litem Judge JamesBabler four yearsasanassistantdistrictattorneyinthecounty. returns, andinitialcivilcommitmenthearings.Healsospent domestic abuseinjunctionhearings,traffic andordinance Terence Bourke Sheboygan CountyCircuitCourt,Br. 4 the Universityof Wisconsin LawSchool. University of Wisconsin-River Fallsandhislawdegreefrom also amemberoftheJuvenileJuryInstructionsCommittee. 14 yearsinprivatepracticebeforebecomingajudge.Heis native whoservedasPolkCountydistrictattorneyandspent Election Judge Terence Bourke Barron Area CommunityCenter. Methodist Churchandserveson theboardofdirectors Democratic Party. HealsoisalayleaderintheFirstUnited and 3.Priortobecomingajudge, hewasactiveinthe Committee, apositionhehasheld since2002. from 1991-97,andasamemberoftheRecordsManagement a memberofthePlanningandPolicy Advisory Committee Association namedhim‘Prosecutorofthe Year.’ district attorney. In2001,the Wisconsin District Attorneys Polk Countybeforebeingelectedin1983asBarron an assistantdistrictattorneyinBarronCountyandthen arnCut ici or,B.1 Br. Court, CountyCircuit Barron James Babler E FACES NEW Rasmussen earnedhisbachelor’s degreefromthe Babler andhiswife,Susan,have twodaughters,ages10 Babler hasbeenactiveincourtadministration,servingas continued frompage 19 Law School.Heservedbrieflyas meanor andfelonybailhearings, from theUniversityof Wisconsin 1979, shortlyaftergraduating election totheseatin April 2004. Babler willneedtorunfor James C.Eaton’s retirement. filling avacancycreatedbyJudge Barron CountyCircuitCourt, James C.BablerinMarchtothe Barron CountyDistrict Atty. years. Hepresidesovermisde- County courtcommissionerfor14 summer. B. Murphy, whowillretirethis seat, beingvacatedbyJudgeJohn Sheboygan County’s Branch4 Donohue intheracefor defeated Atty. MaryLynne Commissioner TerenceBourke Babler becameaprosecutorin Gov. JimDoyleappointed Bourke hasbeenaSheboygan Sheboygan CountyCourt past-president oftheSheboyganCountyBar Association. Wisconsin FamilyCourtCommissioners Association and University CollegeofLaw. Heiscurrentlypresidentofthe of Wisconsin-Madison andhislawdegreefromDePaul Paul F. Reilly Waukesha CountyCircuitCourt,Branch4 Executive andFinancecommittees. on theState BarBoardofGovernors, wherehesatonthe Waukesha CountyBar Association andserved 1995-2000, sion andtheRepublicanParty. Heisapast-presidentofthe insurance companiesrefusetopay. litigates onbehalfofpeoplewithmedicalbillsthattheir and hasaspecialinterestin“badfaith”cases,whichhe trates onlitigationworkinthestateandfederalcourts the Universityof Wisconsin LawSchool.Heconcen- Moodie &Blum,S.C.sincehis1987graduationfrom than 25years.Snyderisretiringthissummer. seat, whichJudgePatrickL.Snyderhasheldformore Flores intheracefor Waukesha County’s Branch4 Juneau Court CountyCircuit Schuh Dennis C. hunting andfishing. and twosons,ages11, 14,and15. Schuh’s interestsinclude the Universityof Wisconsin-Milwaukee. School ofLawinSanDiegoandhisbachelor’s degreefrom College. he hastaughtbusinesslawat Western Wisconsin Technical small, ruralfirmof Thompson andSchuh,S.C.Since1984, he spentnineyearsinprivatepracticeasapartnerthe county since1991.Priortothis, attorney inthissingle-judge seat in April 2005. will needtoseekelectionthe separate story,page7 who diedinMarchatage58( replaces JudgeJohn W. Brady, bench inJuneauCounty. He Atty. DennisC.Schuhtothe appointed JuneauCountyDistrict Atty. PaulF. ReillydefeatedReserve JudgeNess Bourke earnedhisbachelor’s degreefromtheUniversity Reilly hasbeenveryactiveinboththelegalprofes- Reilly haspracticedwithHippenmeyer, Reilly, He ismarriedtoDiane,andthe couple hasadaughter Schuh earnedhislawdegreefromCalifornia Western Schuh hasservedasdistrict In earlyJune,thegovernor " ). Schuh see Judge DennisC.Schuh see Election on page 21 Judge PaulF. Reilly

THE THIRD BRANCH 2003 Spring 20 punishment. changing viewson crimeand vision incourtand thepublic's also touchedontheeffects oftele- bench forsevenyears.Thejudges Sankovitz Skwierawski wasJudge Milwaukee County. Joining his 25yearsonthebenchin summer, sharedobservationsfrom Skwierawski, whowillretirethis appearance onWTMJ-AMRadio. Dave MelnickduringaMay26 Skwierawski topics ChiefJudge and interpretersareafewofthe 'Mission creep,' Water Judge LindaVan De 21 Spring 2003 , whohasservedonthe discussed withhost

pro se THE THIRD BRANCH Michael J. Nowakowski told new courthouseslatedforcompletioninlate2004. new juveniledetentionfacilityafterthecourtsmoveinto remodel thesecondfloorofCity-CountyBuildingfora Linda Van DeWater Branch 10 Waukesha CountyCircuitCourt, Election Michael O.Bohrenforthatseat. Joseph Wimmer. Then-Gov. Tommychose Thompson applied forappointmenttotheseatheldbyretiringJudge general, unsuccessfullychallengingJimDoyle.In2000,she in 1998,wastheRepublicanPartycandidateforattorney litigation, PEOPLE Richard J. She alsoservedasa Waukesha County prosecutorand, the Wisconsin DepartmentofRegulationandLicensing. cases. May 5inordertodealwithagrowingbacklogof to VanDe Water’s 31,000. ago, remainedontheballotandreceived21,000votes woman onthebenchin Waukesha County 18years story inObituaries incumbent, diedduringthecampaign( 10 afterJudgeMarianneE.“Teddy” Becker, the law judge,wonelectionto Waukesha County’s Branch Prior tobecomingajudge,shewasanattorneyfor Atty. Linda Van De Water, aformeradministrative Van De Water tookoverinBranch10effective continued frompage 20 to theDunnCounty Jailtosignupforwork; community service, theoffender mustreport service projects. When ajudgeorders helps tomatchoffenders withcommunity lighted anewprograminDunn County that component. three-level justicecenterwith132-bed jail the committeeiscurrentlyconsideringa workable. help ensurethatthetwocourtroomsare trator, isprovidingtechnicalassistanceto Brummond is discussingthefinaldesign. County PropertyandPurchasingCommittee planning anewjusticecenterandtheMonroe huge operatingexpense.” you getintotransportingthekids,creatinga he said.“Assoonasyoumoveitawayatall, needs tobeinoradjacentthecourthouse,” the newcourthouse.“Thedetentionfacility the factthatitwillbetwoblocksawayfrom ment, Nowakowskiexpressedconcernabout while alarger facilitywillbe animprove- little spacefortutoringandrecreation.But offense isnearlyimpossible. There alsois segregating kidsbyage,gender, ortypeof juvenile detentionfacilityissosmallthat continued frompage 17 The CapitalTimes The Leader-Telegram Monroe Countyalsoisintheprocessof ). Becker, whobecamethefirst The TomahJournal , DistrictSevencourtadminis- that thecurrent (Eau Claire)high- see separate Patrick reported that Edward F. ZappenJr. Wood CountyCircuitCourt,Branch3 Judicial College. He alsohasservedasanassociatedeanofthe Wisconsin Functions CommitteeandtheJuryInstructionsCommittee. on theConsolidatedCourt Automation Programs(CCAP) 1989 asalieutenantcolonel. the 1970s.HeretiredfromU.S. Air ForceReservesin district attorneyforthreeyearsin also servedas Wood County to takingthebenchin1985,and private practiceforsixyearsprior Wood County. Heworkedin City butisalifelongresidentof assistant districtattorney. Henkelmann, a Wood County April, defeatingchallengerJohnP. for 18years,wonafourthtermin on thebenchin Wisconsin Rapids sentence. defense counsel recognize itasaviablecomponent ofa community serviceastheDistrict Attorney’s Office and newspaper thatheexpectstosee morerequestsfor community servicesinceJan.1, and Stewart toldthe ordered offenders tocompleteapproximately140hoursof Judges organizations thathaverequestedworkers.CircuitCourt s/he isthenmatchedwithaprojectfromoneofthe25local him. Innocence Project,thelawschoolprogramthathelpedtofree University ofWisconsin, hopestoworkontheWisconsin collection. Ochoa,whowillbeginlawschoolinthefallat institute. Staff Atty. ColleenKennedywasinstrumental inthe story thattheycollectivelycontributedthemoneyat Criminal LawInstituteweresomovedafter hearingOchoa's Michael N.Nowakowski.Thejudgesattendingthe2003 of $664.00towardhislawschoolexpensesfromChiefJudge for amurderhedidnotcommit,recentlyaccepteddonation Christopher Ochoa,whoserved12yearsinaTexas prison Zappen hasbeenactiveincourtadministration,serving Zappen wasborninOklahoma Judge EdwardF. ZappenJr., Rod W.Smeltzer " " and William C.Stewart Jr. Zappen Jr. Judge EdwardF. have 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, Judiciary. 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 Dan Wassink John Voelker Gail Richardson Kathy Powell Contributing Writers C. ColleenFlesher Associate Editor Amanda K.Todd Editor John Voelker Courts Interim DirectorofState Shirley S. Abrahamson Chief Justice www.wicourts.gov is a Appeals, Waukesha Judge Richard S.Brown Makes SenseofRecurringIssues intheCourt:HowCourtof Appeals Order Appeals, Waukesha Judge HarryG. Snyder Creating theCourtof Appeals Atty. Joseph A. RanneyIII Act Individual Libertiesandthe1917Espionage Circuit Court Judge Maxine Aldridge White The ChangingFaceoftheLegalProfession Bar president Atty. PatriciaKlingBallman Why NeedItBeMandatory? Raising theBar:IfIt'sSoGood, Wisconsin Inc.,Milwaukee Defender ServicesofEastern Atty. Dean A. Strang The DeathPenaltyin Wisconsin Justice Ann Walsh Bradley Future The Court’s Past,Our Chief JusticeShirleyS. Abrahamson Capitol toDeficitsintheBudget Independence andIntegrity: Arms inthe is asfollows: the legalprofession. The fulllistofpresentations A. White’s presentationonthechangingfaceof but perhapsthebestreceivedwasJudgeMaxine presentations wonaccoladesfromtheaudience, restricting eachspeakerto15minutes. All nine appellate lawyer, keptthepacefastandlively, Burke organized theevent. K. BallmanandDeputy Attorney GeneralMary Sesquicentennial Moderator ColleenD.Ball,aMilwaukee , Federal , Wisconsin Courtof , Wisconsin Courtof , State continued frompage 16 , MilwaukeeCounty Oshkosh andDotytoinvitethem. the caseandarecontactingdescendantsof Planners havegatheredoriginaldocumentsfrom at leastone,andpossiblyseveral,reenactments. Wisconsin LegalHistoryCommitteetoorganize the HeritageHillBoardofDirectors,andwith are workingwith Atty. BobFlatley, amemberof Appeals, Wausau Chief JudgeThomasCane Practice Changed Appellate of Appeals Navigating Uncharted Waters: HowtheCourt summer Oshkosh trialplannedfor Chief Reenactment of e-mail [email protected]. State Courts JohnVoelker at(608)266-6828or For moreinformation,contact InterimDirectorof September nearGreenBay. Hearing Room,willbereenactedin August or four muralsthathangintheSupremeCourt taken placeinJune1830anddepictedoneof The reenactmentwilltakeplaceatHeritage The trialofChiefOshkosh,believedtohave Hill State Park,thesiteoflogcabin where ChiefOshkoshoftheMenominee Tribe wastriedforhomicide.Oshkosh lifelong friends. had killedamemberofanothertribe who waskilledinahuntingaccident. to avengethedeathofaMenominee, Judge JamesDuaneDotyappliedthe action wasnotacrime,and tribal law, underwhichOshkosh’s Members oftheMenominee Tribe acquitted him. The menbecame , Wisconsin Courtof "