The Third Branch, Spring 2002
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Vol 10 No 2 H I G H L I G H T S Spring 3 Judges Honored 10 GPS for Inmates 2002 4 2002 Election Results 11 Volunteers in the Courts 5 New Faces 13 Courts Celebrate Law Day 8 Waukesha Court Self-Help Center 15 World Connects to Wisconsin Conference Committee Court Acts on Interpreter Ethics, Court Continues Work on Reporters, Pro Se Guidance Budget Bill by Deborah Salm, budget officer he Supreme Court, at rules hearings speak not only Spanish and Hmong, but Theld April 17 and 18, listened to also Russian, Laotian, Vietnamese, oth the Assembly and Senate have testimony from judges and clerks of Punjabi, Hindi, Arabic, Somali, Polish, Bpassed amended versions of the circuit court on several hot topics. The and more. governor’s budget reform bill. A confer- Court issued several orders. “These are all languages for which I ence committee is now working on have had to find interpreters on more resolving the differences between the Code of Ethics for Interpreters than one occasion, and Milwaukee a publication of the Wisconsin Judiciary a publication of the Wisconsin two versions. The members of the con- The Court County is not alone ference committee are Senators Chuck adopted, effective July with respect to this,” Chvala (D-Madison); Russell Decker 1, a code of ethics for said Judge Elsa C. (D-Schofield); Robert Jauch (D-Poplar); court interpreters as Lamelas, chair of the and Mary Panzer (R-West Bend); and proposed by the interpreting Representatives Scott Jensen (R- Committee to committee. Lamelas Waukesha); Steven Foti (R- Improve Interpreting told the Court that the Oconomowoc); John Gard (R-Peshtigo); and Translation in the influx into the trial and Spencer Black (D-Madison). Wisconsin Courts. courts of non-English While the courts’ budget picture The code is speaking people is remains unclear, it appears certain that considered a key one of the more the Director of State Courts Office and component of the urgent problems that the Wisconsin State Law Library will be court system’s effort Judge Elsa C. Lamelas, Milwaukee the justice system is County Circuit Court, testifies on required to lapse the equivalent of 3.5 to improve behalf of the proposed code of ethics confronting. percent of their appropriations in 2001- interpretation services for court interpreters, the first step “Language is the tool 02 and either 6 percent (Senate version) toward setting standards for for litigants who are interpreters to ensure quality. “Court of the courts, [and] or 6.5 percent (Assembly version) in deaf or not fluent in interpreting done well is a demanding English is the 2002-03. These percentages equate to a English. profession deserving of the language of the total cut of about $660,000. recognition and respect of this Court,” According to the Lamelas said. “Court interpreting courts,” she said. The savings will be achieved in part U.S. census, between done poorly is an affront to justice.” “Participants in court by following the cost-saving measures 1990 and 2000 proceedings – that the Supreme Court approved on Wisconsin’s Hispanic and Asian whether they be the litigants, the parties, Sept. 19, 2001. These include a morato- populations doubled. Many other or the witnesses – do not necessarily rium on reimbursement for any out of immigrant populations also grew, and possess a sufficient degree of state travel for judges and staff at all continue to grow, at a rapid rate. As a proficiency in … English to three levels of court; increased use of result, the Wisconsin courts increasingly communicate with the court or to see Budget on page 23 must find qualified interpreters who can see Rules on page 9 2001 Regular Legislative Session Winds Down by Sheryl Gervasi, legislative liaison The 2001-02 Legislature finished its final regular session tations of someone in the nude in a place where the person floor period in March and conducted a limited business ses- expects privacy and without the person’s consent. The sion during April 30-May 2. Remaining is a veto review Legislature enacted this bill in response to the Wisconsin session on May 14-15. Supreme Court’s opinion in the Waukesha case of State v. Of the 1,400 bills introduced by the Senate and Stevenson, 236 Wis.2nd (2000), involving a defendant who The Third Branch Assembly, only 100 were enacted into law. This is half the surreptitiously videotaped his ex-girlfriend while she was in number enacted during the 1999 session, which was consid- the nude inside her home. The majority, in an opinion writ- ered low at that time. While the regular session is ending, ten by Justice Ann Walsh Bradley, found that the statute as the special session on the budget reform bill continues (see originally enacted properly criminalized Stevenson’s behav- separate story). Following is a summary of some of the ior but also reached too far beyond that to prohibit all visual bills enacted at the end of the March floor period: depiction of nudity in the absence of express consent. Act 33 – Narrows the statute prohibiting making represen- Act 42 – Broadens the grounds for a judge’s exercise of see Legislative on page 10 www.courts.state.wi.us 2 Spring Supreme Court Appoints Ptacek as Chief Judge 2002 he Supreme Court has procedure and policy mak- THE THIRD BRANCH Tappointed Judge Gerald ing. Together, the director of P. Ptacek as chief judge of state courts, the chief Supreme Court Reappoints Five the Second Judicial judges, and the district court Chief Judges Administrative District. The administrators participate in Second District is comprised developing and implement- The Supreme Court has reappointed five current chief of the circuit courts in ing statewide policies and judges to new terms. They are as follows: Kenosha, Racine, and procedures. They are all in Walworth counties. Ptacek regular contact with the cir- Chief Judge Michael J. Skwierawski, will assume his new admin- cuit court judges, ensuring Milwaukee County Circuit Court. Skwierawski over- istrative duties on Aug. 1. that the judges’ views are sees administration in the First Judicial He will continue to handle presented in all discussions Administrative District, which is comprised of the 47 cases as a Racine County of statewide administrative branches of the circuit court in Milwaukee County. Circuit Court judge. policies. Skwierawski is assisted by Deputy Chief Judge Wisconsin is divided into Ptacek has been on the Michael P. Sullivan, District Court Administrator 10 districts for purposes of bench in Racine County Bruce Harvey and Deputy District Court administering the state court since 1988. He has been Administrator Beth Bishop Perrigo. system. Each active in jus- district has a tice-related Chief Judge Kathryn W. Foster, Waukesha management projects out- County Circuit Court. Foster oversees administration team consist- side the in the Third Judicial Administrative District, which is ing of a chief courtroom, comprised of the circuit courts in Jefferson, Ozaukee, judge, a serving on a Washington, and Waukesha counties. Foster is assist- deputy chief statewide ed by Deputy Chief Judge James R. Kieffer, judge, and a committee to Waukesha County Circuit Court, and District Court district court study video- Administrator Michael G. Neimon. administrator. conferencing The Supreme in the courts, Chief Judge James Evenson, Sauk County Circuit Court. Evenson oversees administration in the Court Judge Gerald P. Ptacek helping to appoints oversee the Sixth Judicial Administrative District, which is com- chief judges, and each chief court system’s automation prised of the circuit courts in Adams, Clark, judge appoints a deputy. program, working on issues Columbia, Dodge, Green Lake, Juneau, Marquette, Chief judges manage the related to legal representa- Portage, Sauk, Waushara, and Wood counties. flow of cases, supervise per- tion for children (guardians Evenson is assisted by Deputy Chief Judge Frederic sonnel, develop budgets, ad litem), and more. W. Fleishauer, Portage County Circuit Court, and and meet monthly as a com- Prior to becoming a District Court Administrator Scott K. Johnson. mittee to work on issues of judge, he served as Racine statewide importance. County district attorney for Chief Judge Joseph M. Troy, Outagamie County Supreme Court Rule 70.19 eight years and worked for a Circuit Court. Troy oversees administration in the sets out their responsibilities short time in private prac- Eighth Judicial Administrative District, which is com- and directs them to adjust tice. Before going to law prised of the circuit courts in Brown, Door, their caseloads to accommo- school, Ptacek was a math Kewaunee, Marinette, Oconto, Outagamie, and date the increased adminis- teacher. Waupaca counties. Troy is assisted by Deputy Chief trative workload. The chief Ptacek will be eligible to Judge Sue E. Bischel, Brown County Circuit Court, judges help to manage an serve until 2008 (a maxi- and District Court Administrator Kathleen M. increasingly complex sys- mum of three, two-year Murphy. tem requiring uniform terms). He replaces Chief administration while accom- Judge Barbara A. Kluka, Chief Judge James B. Mohr, Vilas County modating and respecting Kenosha County Circuit Circuit Court. Mohr oversees administration in the appropriate local variance. Court, who has served the Ninth Judicial Administrative District, which is com- The district court admin- maximum number of terms. prised of the circuit courts in Florence, Forest, Iron, istrator and chief judge have ! Langlade, Lincoln, Marathon, Menominee, Oneida, evolved into a critical link Price, Shawano, Taylor, and Vilas counties. Mohr is between central and regional assisted by Deputy Chief Judge Gregory Grau, Marathon County Circuit Court, and District Court Administrator Michael R. Havemann. ! 3 White Named 'Judge of the Year' Spring 2002 ilwaukee County Circuit Court pensing ‘swift but compassionate’ jus- her law degree from Marquette MJudge Maxine Aldridge White tice and for outstanding service to the University Law School.