Vol 18 No 3 H I G H L I G H T S Summer 3 Foreclosure mediation starts in Eau Claire, 9 Abrahamson, Bradley, Brennan win awards 2010 Oshkosh 9 Racine courts open self-help center 4 Court system bosses fly with DCA 12 Siefert explains challenge to the Judicial Code 5 Bayfield judge will chair new LSR subcommittee 13 Court of Appeals welcomes three new members 6 Courts bid farewell to 18 judges Legislative Council study committees formed By Nancy Rottier, Legislative Liaison he Legislative Council has now named members to 16 Vice-Chair: Sen. Dave Hansen (D-Green Bay) Tinterim study committees, the second largest number of No judges were named to this committee, which will review such committees in the last 10 various provisions of Chapter 51 for appropriateness and years. Five of the committees consistency of emergency detention procedures across the directly relate to the work of the state. The committee will also examine the inconsistent court system; the Legislative application of procedures relating to admission of minors Council named judges to four of under s. 51.13, Stats., as modified by 2005 Wisconsin those five committees. The Act 444. committees of interest are: a publication of the Wisconsin Judiciary a publication of the Wisconsin Special Committee on Judicial Discipline and Recusal Special Committee on Criminal Chair: Rep. Gary Hebl (D-Sun Prairie) Justice Funding and Strategies Vice-Chair: Sen. Glenn Grothman (R-West Bend) Chair: Sen. Lena Taylor The only court-related member of this committee is Chief (D-Milwaukee) Judge J. Mac Davis, District Three. The scope of this Vice-Chair: Rep. Robert Turner Chief Judge Jeffrey A. committee’s assignment is the following: (a) review the Kremers (D-Racine) current method by which justices and judges are disciplined; Members from the courts are: (b) examine alternative methods of judicial discipline, Chief Judge Jeffrey A. Kremers, including methods of judicial discipline in other states and in District One; Deputy Chief Judge the federal court system; and (c) recommend a method by Scott R. Needham, District Ten; which justices and judges should be disciplined. The Special and Milwaukee County Clerk of Committee is also directed to review the current system of Circuit Court John Barrett. judicial recusal and to recommend an objective standard for This Special Committee is judicial recusal. directed to study funding of the criminal justice system and Special Committee on Review of Spousal Maintenance strategies to adequately and Awards in Divorce Proceedings sustainably fund the criminal Chair: Rep. Tony Staskunas (D-West Allis) justice system, including an Vice-Chair: Rep. Amy Sue Vruwink (D-Milladore) examination of fees and surcharges Members from the courts are: Judge William S. Pocan, Deputy Chief Judge imposed on criminal defendants. Milwaukee County Circuit Court, who is a member of the Scott R. Needham Judicial Conference Legislative Committee; and Reserve Special Committee on Review of Judge Robert G. Mawdsley, Waukesha County. This Emergency Detention and Admission of Minors under committee is directed to study: (a) the purpose and goals of Chapter 51 Chair: Rep. Sandy Pasch (D-Whitefish Bay) see Committees on page 17 Dane County Circuit Court takes AIM at disproportionate minority incarceration By Gail Richardson, District Court Administrator, Fifth Judicial District n July 6, the Dane County Circuit Court Judge Sarah B. O’Brien, Obegan to assess the risk, needs and who presides in Dane motivation of defendants charged with County’s Criminal Division, forgery, manufacture and delivery of drugs, joins Neal Goodloe, client and possession with intent to deliver. The services consultant from initiative is designed to reduce recidivism by Northpointe (a corrections giving judges the tools they need to make the consulting firm), in a June The Third Branch best possible decisions for each individual. An 25 event in Madison. The event introduced a new additional goal in Dane County is to address program to assess each the county’s disproportionate incarceration of offender’s risks and needs minority offenders. in certain case types. The Dane is the eighth county in the state to program will generate begin participating in the Assess, Inform and evidence-based reports on Measure (AIM) program of the PPAC as many as 400 offenders per year to help inform www.wicourts.gov see AIM on page 20 sentencing decisions. 2

Summer Finding success 2010 Director’s column: By A. John Voelker, Director of State Courts

THE THIRD BRANCH he majority of men meet with failure because of their define or limit what information in a juvenile court record “Tlack of persistence in creating new plans to take the should be made accessible to the government and child place of those which fail.” welfare agencies specified in the bill. Juvenile court records - Napoleon Hill, author of “Think and Grow Rich” (1937) may often contain alcohol and drug assessments, psychological evaluations or other treatment records. This As Napoleon Hill suggests, persistence and a willingness very sensitive information should be closely guarded. to try a new approach when faced with failure can lead us to Allowing access to these types of juvenile records goes success. This is true not only in business but in other beyond the information needed to meet the initial intent of pursuits, including legislative efforts. the legislation.” Act 338, which took effect May 28, is a good example. Despite the April 7, 2008 veto, juvenile intake workers The new law permits the Director of State Courts Office and still believed that access to some juvenile information was the state Department of Children and Families (DCF) to important for them to do their jobs effectively. In the spirit enter into an agreement to allow for the transfer of certain of cooperation and in an effort to address the issue, I offered electronic records of juveniles involved in juvenile court an idea to DCF that I originally had suggested to the authors and child welfare cases. of AB 676. This included legislation that would allow for Once fully implemented, the the electronic transfer of specific juvenile data from the law should help judges and Consolidated Court Automation Programs (CCAP). This juvenile case workers make the approach would be modeled after the numerous interfaces best possible decisions CCAP has successfully implemented with Department of regarding the disposition of Revenue, Crime Information Bureau, PROTECT, cases involving juveniles. The Department of Transportation, Milwaukee County Criminal law will allow judges and Justice System, State Public Defender’s Office, and juvenile case workers limited Department of Workforce Development. and appropriate access to This new approach was not only easier for the court records previously available system to implement; it alleviated the governor’s concerns, only to certain individuals and Act 338 was signed. With the legislation passed, and within the juvenile court or the CCAP and DCF working out the technology issues, my A. John Voelker agency, respectively. office is working on other administrative issues, including The idea of providing this access always seemed like it developing and distributing agreements with the Department should be a legislative “home run.” Case workers insisted and each county. they could do a better job with access to the information, As a result of the new law, my office is working with and judges generally agreed that electronic access to certain DCF on an agreement that will specify what information information would improve the juvenile and the child may be transferred between the agencies contained in CCAP welfare systems. and in the Statewide Automated Child Welfare Information But the legislative process behind what eventually became System (SACWIS) for the following purposes: Act 338 was anything but quick and easy. In the end, it took two legislative sessions, a governor’s veto and significant 1. Providing child welfare or juvenile justice intake or effort on behalf of my office and DCF before this idea was dispositional services. ready for prime time. 2. Assisting proceedings under the Children’s Code or the The ideas contained in Act 338 were initially introduced Juvenile Justice Code. in 2008 as AB 676. The legislation didn’t fail because it was bad; it failed in a process that could be deemed DCF may allow access to the information transferred, “legislation gone wild.” During the legislative process, only for the purposes of providing intake or dispositional access to juvenile records became overly broad, and too services under the Children’s Code or Juvenile Justice Code. many people unnecessarily wanted statewide access to Likewise, the juvenile courts or CCAP may allow access to sensitive juvenile records. information transferred by DCF only to the extent that the We had initially supported AB 676, but it was modified so information may be disclosed under the Children’s Code or heavily during the legislative process that we dropped Juvenile Justice Code. support as changes poured in. The information transferred must be kept confidential and Gov. Jim Doyle said he vetoed AB 676 in part because used only for permitted purposes. Any person who “the bill contains no restrictions on who in law enforcement intentionally discloses information in violation of the would be authorized to access the records, or what type of confidentiality restrictions of the bill may be required to thresholds must be met before otherwise confidential forfeit more than $5,000. juvenile files could be unsealed. AB 676 similarly would Watch for more information in the coming weeks as we allow any employee of the Department of Health and get closer to implementing the legislation. „ Family Services, a county social service agency, or a licensed child welfare agency, unrestricted access to sensitive information regarding children… the bill does not voluntary, andbothhomeownerlendermustagreeto characteristics. Inalloftheprograms,mediationis Waukesha. Jackson, Milwaukee,Outagamie,Rock, Walworth and Wisconsin. The othersareinBuffalo/Pepin, Dane,Iowa, Calumet, Manitowocand Waushara. County programwillservesurroundingcountiesincluding mediation tohomeownersandlenders. The Winnebago foreclosure filings. better waystohandlethecontinuedhighnumberof T mediation programs Two countieslaunch more foreclosure Each programisunique,buttheyshareafewkey There arenow11 foreclosuremediationprogramsin Eau Claireand Winnebago countiesarethelatesttooffer foreclosure mediationprogramsinaneffort tofind wo more Wisconsin countiesrecentlylaunched By ClaudiaSingleton,JacksonCountyClerkofCircuitCourt Jackson The County model Mediation: mediator. of CircuitCourtsOffice schedules the casewitha the caseisappropriateformediation.Ifitis,Clerk request ofeitherparty, thecourt determineswhether that mediationmayberequestedbyeitherparty. Upon court rulerequirestheplaintiffs to notifythedefendant attempt toresolvethecase.Inlarge civilactionsalocal parties meetdirectlyaftercourtwiththemediatorinan including foreclosures. expanded theprogramtoincludelarge civilactions M foreclosures in2009. County Courthouse.TheJackson Countyprogramhandled72mediationsinsmallclaimsandcivil actionsincluding Small Claims/CivilClerk Ashley Meyer(standing) conducts atrainingsessionforvolunteermediatorsat theJackson The goalsofmediationaretoassistlitigantsby In smallclaimsactions,ifthecaseiscontested, offering smallclaimsmediation.In 2009,we ore thanayearago,JacksonCountybegan in Wisconsin. That’s about2,500morethanin2008. interested counties. Fleury, trainsmediatorsandprovidesaprocessformsto The program,guidedby Attys. Debra Tuttle andNatalie School’s DisputeResolutionandPublicServiceProgram. been developedwithassistancefromMarquetteLaw individual circumstance. plans, orunemploymentforbearancedependingonthe permanent modifications,listing-agreementforbearance repayment plans,forbearancetrialmodifications, mediate. The mediationsessioncanresultinagreementsfor Office trainedthevolunteers. Claims/Civil clerkfromtheClerkofCircuitCourts mediators onboard. Ashley Meyer, theSmall was heldthisspringtobringadditionalvolunteer so successfulthataspecialmediationtrainingprogram claims andcivilactionsin2009. The programhasbeen social services. escalate andrequireinterventionoflawenforcementor also behelpfulinresolvingdisputesbeforethey needs andreducesthejudicialcaseload.Mediationcan possible, tailoringamediationagreementthatfitstheir enhancing communicationbetweentheparties,and,if In 2009,therewerenearly28,000foreclosurecasesfiled Most ofthestate’s foreclosuremediationprogramshave Jackson Countyheld72mediationhearingsinsmall „ „

THE THIRD BRANCH 2010 Summer 3 4

Summer Court system bosses learn more about court 2010 administrator’s ‘other job’ THE THIRD BRANCH By Tom Sheehan, Court Information Officer t must have felt like Take your Bosses to IWork Day for District Ten Court Administrator Scott K. Johnson. But it wasn’t just another day at the courthouse on May 19, when Johnson was joined by Chief Justice Shirley S. Abrahamson, Chief Judge Benjamin D. Proctor and Director of State Courts A. John Voelker at Johnson’s “other job” – 30,000 feet in the air. Johnson, a lieutenant colonel with the Wisconsin Air National Guard’s 128th Air Refueling Wing, took his court system bosses along for a ride aboard a KC-135 Stratotanker as part of a civic leader orientation flight offered by the Guard. About two dozen people, mostly employers of guard members, took part in the program, which is intended to give employers and others a chance to witness an in-flight refueling and Lt. Col. Scott K. Johnson discusses his duties and role with the 128th Air to learn more about the refueling wing’s Refueling Wing of the Wisconsin Air National Guard. Johnson, District Ten mission. court administrator, is pictured aboard a KC-135 Stratotanker with Chief Justice Shirley S. Abrahamson, Director of State Courts A. John Voelker and After a safety briefing and security check at Chief Judge Benjamin D. Proctor, Eau Claire County Circuit Court. unit headquarters, the group boarded the re- fueling jet at Mitchell Field in Milwaukee and flew north of the bottom tail of the aircraft. Oshkosh. While in flight, F-16 jet fighters based at Truax During the flight, Abrahamson and Voelker joined Col. Field in Madison pulled up slightly behind and underneath Edward E. “Ted” Metzgar, Commander of the 128th Air the KC-135 to refuel. Refueling Wing, in the cockpit to see how the flight crew As the jets approached, the boom operator extended a 38- operates. foot-long refueling boom from the bottom tail of the KC- Abrahamson said she was impressed by the professionalism 135 to a receptacle atop the fighter jets. Each passenger had of the crew and the skills they demonstrated during the a chance to briefly view the refueling up close by lying on a airborne refueling. Abrahamson joked that she was glad she platform alongside the boom operator at a window located at was not in charge, as she once drove away from a service station with the gasoline pump’s nozzle still in the tank of her car. The orientation flight is one of several Guard public affairs programs designed to recognize employers of Guard members. The Department of Defense previously recognized Voelker and the Wisconsin court system as a “Patriotic Employer for contributing to national security and protecting liberty and freedom.” In 2007, Abrahamson accepted, on behalf of the Supreme Court, a Wisconsin flag presented by Metzgar in appreciation of the Court’s support of Johnson’s active-duty military service. Johnson serves as deputy commander for the 128th Mission Support Group, which supports approximately 400 airmen and women. Johnson has been deployed more than 40 times in various countries and in the U.S. during 27 years of military service, most recently in 2008 to help with flood recovery efforts in Iowa. The trip to Milwaukee also included a visit to the

see Flight on page 5 The view from the tail end of the KC-135 Stratotanker during refueling. B By JessicaJensen,Intern,Statewide Representation Subcommittee selectedfor Limited-Scope Members Wing/167761127165?v=wall Refueling- lwaukee-WI/128th-Air- www.facebook.com/pages/Mi Facebook pageat: found onthe128th’s public affairsstaffcanbe Photos oftheflighttakenby mediation session. Committee andaforeclosure Council’s Executive Community Justice attended ameetingofthe Abrahamson and Voelker Courthouse, where Milwaukee County Flight Bar subcommittee membersinclude: Atty. Jeffery Brown,State McManus willco-chairanewsubcommitteethatfocus McManus Ct. Cmsnr. DarcyE. Judge JohnP. Anderson pro bono and OzaukeeCountyCourtCommissionerDarcyE. ayfield CountyCircuitCourtJudgeJohnP. Anderson continued frompage 4 coordinator; JudgeJuanB.Colas,Dane „ Anderson andMcManus, should beimplemented. The scope representationprogram PPAC. of theirfeasibilitystudyto members willpresenttheresults 2010 and Aug. 2011, when meet fourtimesbetweenSept. rules andforms. risk managementmaterials,court efforts mightincludetraining, scope representation.Such encourage andsupportlimited- and acrossthenationthat current efforts withinthestate subcommittee willresearch whether astatewidelimited feasibility studytodetermine on Sept.9inMadison. which willholditsfirstmeeting establish thenewsubcommittee, (PPAC) votedinMarchto and Policy Advisory Committee Milwaukee counties. judges fromDaneand The groupalsowillinclude on limited-scoperepresentation. In additiontoco-chairs The subcommitteeplansto At thetopofto-dolistisa The SupremeCourtPlanning in needofrefueling asChiefJusticeShirleyS. Abrahamson lookson. Master Sgt.Michael Weimer, boomoperator, prepares fortheapproach ofajetfighter Pro Se Project to obtainsomelegalassistancewheretheyneeditmost. allow litigantswhomightotherwiseproceedunrepresented not all,oftheworkinvolvedinacase. These arrangements client relationshipinwhichalawyerishiredtodosome,but is anon-traditionalattorney- K. Wolverton,Milwaukee. Resource Center;and Atty. Mary Winkler, DaneCountyLegal Commission; LibrarianLisa Wisconsin Access toJustice Moore, boardpresidentofthe Winnebago County;Gregg Circuit CourtDianeFremgen, director ofJudicare;Clerk Rosemary R.Elbert,executive County CircuitCourt; Atty. Michael J.Dwyer, Milwaukee County CircuitCourt;Judge Limited-scope representation Judge JuanB.Colas see Judge MichaelJ.Dwyer Atty. JefferyBrown Limited-scope on page 9

THE THIRD BRANCH 2010 Summer 5 6

Summer RETIREMENTS 2010 Courts bid farewell to 18 judges Kristine Deiss playing a key role. Faragher said the judges frequently make use of THE THIRD BRANCH In the seven months between December 2009 and August 2010, 18 judges retired from the Wisconsin court system. technology that allows for Last winter, we profiled four of them (Judge Burneatta electronic presentation of "Burnie" L. Bridge, Wisconsin Court of Appeals; and circuit evidence. court Judges Michael Kirchman, Crawford County; Michael “We have a great set-up J. McAlpine, Monroe County; and Robert W. Wing, Pierce with big screens and an County). In spring, we profiled another five (Court of individual screen for each Appeals Judges Charles P. Dykman and Harry G. Snyder, juror,” he said. “We also along with Judges William H. Carver, Winnebago County; videoconference criminal, Richard D. Delforge, Oconto County; and Michael Gibbs, mental and family hearings, Walworth County). This time around we profile seven recent and it works very, very well.” retirees: Judges Patrick J. Faragher and David C. Resheske, A third critical area where Washington County; Frederick A. Henderson, Rusk County; Washington County has led Gary J. Langhoff, Sheboygan County; Stuart A. Schwartz, the way is courthouse safety. Judge David C. Dane County; Stephen A. Simanek, Racine County; and In recent years, the county Resheske Steven W. Weinke, Fond du Lac County. Judges Patricia D. has remodeled the courthouse McMahon, Milwaukee County, and Bruce K. Schmidt, to ensure that, among other things, judges are not bumping Winnebago County, will appear in the fall issue. into defendants and their families in the halls and parking lots. The improvements were sorely needed. “I’ve been shot at,” Faragher said. “They aimed a .22 rifle Washington County loses two of at the bedroom window. We weren’t in there, fortunately. I four judges think it was an attempt to let me know, ‘we know where you Two of Washington County’s four circuit court judges live.’ But they never caught the guys. It’s impossible to trace stepped down this summer. Judges Patrick J. Faragher and a .22.” David C. Resheske announced Before the remodel, Faragher said he also had encounters their mid-term retirements with angry litigants in the parking lot and sometimes found within days of one another. Gov. himself walking side-by-side with a defendant’s family in Jim Doyle appointed Atty. the hall. James G. Pouros, who has “Obviously, emotions run very high,” he said. “But the practiced with the O’Meara Law truth is, criminal cases are what I like best. Most defendants Firm in West Bend since 1971, are pretty decent folks – polite, cooperative – although to succeed Faragher, and Atty. sentencing is tough. Even though there’s no doubt about the Todd K. Martens, who has sentence, it takes a little piece of your heart every time. served as Washington County Especially with a young offender. You realize you are taking district attorney for 11 years, to away someone’s son or daughter.” succeed Resheske. Faragher’s least-favorite cases are juvenile. Resheske Faragher and Resheske were shares this opinion. both initially appointed to the “You look at the background and the family, and the way Judge Patrick J. bench by Gov. Tommy they’ve been raised, and you just know there’s very little Faragher Thompson – Resheske in 1999 hope,” Resheske said. “You just know you’re going to see to replace Judge Richard T. Becker, and Faragher in 2000 to them back in the criminal justice system.” replace Judge Lawrence F. Waddick. Both new judges spent Resheske also dislikes what he sees as the increasing many years in public service prior to their appointments, technical requirements imposed on judges. Faragher as Washington County corporation counsel and “You make your decision, and you just want to sit down Resheske as Washington County district attorney. Resheske and do what you think is right, but instead you have to focus also worked for seven years in private practice. on using certain words and checking certain boxes,” he said. In interviews, Faragher and Resheske – classmates at “That doesn’t seem to benefit the litigants, and it can be Marquette University Law School who worked together very frustrating.” frequently prior to joining the bench – emphasized that the In retirement, both judges will go south. Faragher, who Washington County Circuit Court is unique in a few left the bench in June, is heading for North Carolina and important ways. First, three of the four judges (Faragher, Resheske, who left in July, will move to Florida. Faragher Resheske and Andrew T. Gonring) began their judicial intends to keep busy with multiple projects, including careers at approximately the same time. They have built a building and remodeling work, while Resheske said he close collegial relationship that includes Judge James K. intends to “play as much golf as I can.” Muehlbauer, who was appointed in 2007. “We talk with one another a lot,” Resheske said. “It’s really helpful to have someone to bounce legal theories and Henderson ends 25-year judicial career ideas off of. I can’t emphasize that enough. I feel for judges Judge Frederick A. “Rick” Henderson retired May 31 after in small counties who don’t have that resource.” 25 years on the bench in Rusk County, a one-judge county Second, Washington County is wired, and has led the state between Eau Claire and Minneapolis. Succeeding in the adoption of eFiling, with Clerk of Circuit Court see Retirements on page 7 whom Ihaveworked” andalsopresidingoverjury trials. to replacehim. practitioner whofocusesonpersonal injuryandfamilylaw– Jim Doyleappointed Atty. Angela Sutkiewicz–aprivate has optedtoretire.Langhoff steppeddowninJuly, andGov. opposition. Now, withoneyearleftinhiscurrentterm,he three timeswithout Langhoff hasbeenelected John Bolgert. former Sheboyganmayor) local icon,Judge(and other candidatestosucceeda Langhoff viedwithseveral Circuit Courtin1987. the SheboyganCounty when hesoughtelectionto Sheboygan cityattorney school andservingas was 10yearsoutoflaw Langhoff endslengthyjudicialcareer golf. Although hestillhasabeautifulswing.” hard workonthebenchhashadanadverseeffect onhis working withHenderson. August 2009. Bonnie Lee,whotragicallypassedawaysuddenlyin Henderson ownedahorsefarminPhillipswithhiswife, where heattendedlawschool. After returningto Wisconsin, overseas service,HendersonwasstationedinCalifornia, the firsttimeinnearly40yearsforavisit.Followinghis a U.S. Air Forcepilot,andrecentlyreturnedto Vietnam for conclusions inmostcases.” Proctor saidofHenderson.“Thisphilosophyledtogood have theirdayincourt,andfindingoutwhatthetruthis,” impartial Wisconsin judiciary. storytelling abilityandcommitmenttoafair, neutraland close friend.HelaudedHenderson’s senseofhumor, in District Ten formorethantenyearsandconsidershima Henderson Judge Frederick A. “Rick” Langhoff saidhewould miss“thewonderfulpeople with Since thatfirstrace, Judge GaryJ.Langhoff “He usedtobeascratchgolfer,” Proctorsaid.“Buthis Proctor saidheandtheotherDistrict Ten judgeswillmiss Henderson isaveteranofthe Vietnam War. Heservedas “His styleisoneoflettinglawyerswork,parties RETIREMENTS Proctor workedwithHenderson tolerance fornonsense. careful listenerwithalow established areputationas colleagues saidhequickly unavailable foraninterview, Although Hendersonwas appointed himtothebench. when, in1985,Gov. Tony Earl private practicefor10years Anderson waselectedin April. Rusk Countydistrictattorney. Anderson, formerlyanassistant Henderson isJudgeSteven P. continued frompage 6 Chief JudgeBenjaminD. Henderson hadworkedin Judge GaryJ.Langhoff occasional guardian particularly tospotsinCanada.Healsoplansdo time withhiswifeandgrownchildrentraveling– the jobseriously, butnotyourself.” remain awarethatthesolutionisn’t alwaysobvious. Take said, “anditbecomesmoreimportantthatwelistenclosely, respect forthesystem,andanexponentialriseindrugcases. encompasses increasinglyviolentoffenses, adiminished or adjudicatingpost-judgmentdivorcecases. was fareasierforLanghoff thanpresidingoversmallclaims work,” hesaid. and opportunity(usually)toobservegoodlawyersat unfortunately shared thenameofaseriousoffender whose charges relatedtolettinghisdogrunloose. The defendant and themanblanched,insisting that hewastheretoface Schwartz readaveryseriouscriminal charge toadefendant the attorneycalledan“IUD.”On anotheroccasion, requesting installationofanignition interlockdevice,which on thebench.Schwartzrecalled an assistantdistrictattorney these casestobeparticularlyvexing. vehicle. Likemanyjudges,Schwartzfoundsentencingin for himwereallhomicidesbyintoxicateduseofamotor cases thatstandoutinhismindasthemostdifficult cases homicide, civilandmedicalmalpracticematters. The three of thecaseshehandled–includinganumberhigh-profile hope topeoplewhomightotherwisehavebeenlostforever.” improved ourcommunityimmeasurablyandhasgivennew through hishardworkanddedicationtotheDrugCourthas is impossibletooverstate. The difference hehasmade this tosay: time, hisDrugCourtsuccessor, JudgeSarahB.O’Brien,had 2005, whenrotationtookhimtoanewassignment. At the Dane CountyDrugCourt,andpresidedtherefrom1995- helped toimplementthe first drugcourt.Schwartz service in Wisconsin’s very known forhisdecadeof Ehlke replacedhim. bench. JudgeStephen E. 2009 after17yearsonthe the bench,hasbeencaught. following hisdeparturefrom story fornearlyoneyear participating inaretirement who successfullyavoided no schedule Schwartz isenjoyingslowdayswith In retirement,Langhoff looksforwardtospendingmore “All ofthesethingsmakethejobmorechallenging,”he He alsoobservedthathiscriminaldocketnow But evenonabadday, handlingacomplexcivilmatter “That’s beenafavoriteofmine,becausethedrama Fortunately, therealsoweremanylightheartedmoments Schwartz broughtthesamecompassionandconcerntoall “The valueofJudgeSchwartz’s leadershiponthisproject Schwartz maybebest Schwartz retiredinOctober Judge Stuart A. Schwartz, ad litem work. Judge Stuart A. Schwartz see Retirements on page 8

THE THIRD BRANCH 2010 Summer 7 8

Summer RETIREMENTS continued from page 7 2010 case was on the same docket. myself, so it can be very time consuming,” he said. “And Schwartz’s time on the bench in Dane County began in occasionally I’ll have a moment where the sausage machine THE THIRD BRANCH 1976, when he became a court commissioner. He served in is running too fast and it’s like something out of ‘I Love that position for 16 years prior to his election as judge. He Lucy’.” was also a legal assistant in the Dane County probate court, And he’s not just processing deer. Last year, Simanek shot and head of the trial division for Wisconsin Indian Legal a buffalo in Colorado and an antelope in Wyoming. He also Services. makes jam and cans vegetables that he harvests from his Like many of his colleagues, Schwartz pointed to two ever-expanding garden. trends that he has tracked over the years: more criminal and When the harvest is in, he’ll turn his attention to another juvenile cases and fewer civil cases, and a significant rise in hobby – a 1962 red Corvette that he keeps running “pretty pro se litigation. much with a wrench and a screwdriver,” he said. “It’s a lot While he does not miss the stress of his job, Schwartz said of fun. I plan to enjoy every moment of retirement just as I he does miss the people. have enjoyed my time on the bench.” “I enjoyed the exchanges,” he said. “I enjoyed listening to people telling their stories.” He said he also enjoyed his colleagues and all of the staff who made the system work Weinke steps down after 24 years smoothly under sometimes adverse conditions. Every once in a while, a judge in an otherwise quiet, small Schwartz plans to work as a reserve judge, but mostly he Wisconsin county finds himself thrust into the national wants to enjoy his time with family, travel, read and spend spotlight. In 1998, it was Fond du Lac County Circuit Court time away from Wisconsin in the winter. Judge Steven W. Weinke’s turn. “I plan on letting life go by slowly,” he said. “Let me put Weinke made national headlines as he presided over a it this way, I have only worn my watch twice since wrenching child-abuse case involving five children, October.” including a 7-year-old girl who had been kept in a cage. Pursuant to a plea agreement, Simanek retires after 30 years Weinke ultimately sentenced Judge Stephen A. Simanek calls himself the luckiest man the parents to one year in jail alive. He has been through five elections (including the – only to have the mother flee 1979 election that initially placed him on the bench) without to Texas while out on a pass. ever facing an opponent. He Weinke retired from the has a job he loves, and looks bench on April 30, after forward to a busy retirement. serving for 24 years. Voters And, last year, he was elected Gary R. Sharpe, a honored with the Wisconsin longtime private practitioner Law Journal’s Lifetime from Fond du Lac, to succeed Achievement Award. Weinke. Judge Steven W. Weinke “It’s been a very good run,” Prior to Weinke’s election in he said. “I have enjoyed trying 1986, he worked as an attorney in private practice. He has to help people resolve their served as a board member for the Fond du Lac Conflict disputes and I’ve been Resolution Center, which offers mediation for small claims, privileged just to be able to juvenile restitution, and land and tenant conflicts. come in every day and to try A graduate of UW-Madison, Weinke participated in the Judge Stephen A. to do the job right.” first Justice Teaching Institute in 2000. The two-day Simanek For Simanek, who has spent program was designed to offer classroom teachers a variety 30 years on the bench in of tools for educating their students on the judicial system. Racine County (and six years as the district’s chief judge), The program, which is still active, was created by the State doing the job right has meant two things. First, he rules from Bar of Wisconsin, the Wisconsin Supreme Court, UW the bench whenever possible (“I don’t get any smarter by Department of Curriculum and Instruction, and the sleeping on a decision,”) and second, he makes frequent use Wisconsin Law Foundation. Weinke has also participated in of the benchbooks, which are desktop reference guides the Volunteer Summer Law Student Internship Program, published by the Office of Judicial Education. which gives law students from around the country the “I tell new judges to make the benchbook their bible,” he opportunity to intern in the Wisconsin court system. said. “The checklists they provide are a tremendous resource Weinke, who said he enjoys reading and golf, has big to help ensure that you have touched all the bases.” plans for his retirement. “I’m going to do absolutely Simanek said he would miss working with the other whatever I want,” he said. „ judges and court staff, but he looks forward to devoting himself to multiple hobbies. “I’m a fisherman and a hunter, and I process all the meat I self-help center Racine Countytoopencourthouse Limited-scope County, and Ann Zimmerman,statewide Nehring, whorunsthewell-establishedself-helpprogramin Waukesha Thursdays from10-11 a.m. Mondays, Wednesdays andFridaysfrom2-3p.m.on Tuesdays and the courthouse.Courtstaff willprovide proceduralassistancewithformson with ClerkofCircuitCourtRoseanneLeeonthisinitiative. Circuit CourtJudgesGeraldP. PtacekandFayeM.Flancherareworking in theworks. legalassistanceclinicalsois various familylawandsmallclaimstopics. A study. may beincluded inthesubcommittee’s [email protected] 261-8297 or asked tocontactAnnZimmerman at(608) resources inWisconsinorelsewhere are limited-scope representationprograms or Readers withinformationabout existing possible servicetothepublic. in turnhelpsthecourtsprovidebest representation tobebetterprepared,which who maynotbeabletoafford full-service Limited-scope representationhelpsthose Committee, called Abrahamson arolemodelforlawyersand Appeals NinthCircuitandchairoftheJohnMarshall Award with strengtheningthejudicialbranchofgovernment. for thefourthchiefjusticeofUnitedStates who iscredited AnnualDinnerinHonoroftheJudiciary. Itisnamed the ABA cares aboutthewaypeoplearetreatedinherstate’s courts.” Abrahamson winsnationalhonor Abrahamson Chief JusticeShirleyS. In thenextfewweeks,courtstaff willreceivetrainingfrom Tera The centerwillbebasedinthelawlibrarylocatedoneighthfloorof Plans arealsounderwaytodevelopaseriesofinstructionalseminarson counties offering self-helpcenters for n latesummerorfall,RacineCountywilljoinagrowingnumberof Judge MarySchroeder, amemberoftheU.S.Court The awardwillbepresentedinSanFranciscoon Aug. 6at AWARDS „ continued frompage 5 administration” andajustice“who “legend intheworldofjudicial committee called Abrahamson a selection members ofthe ABA according tothe ABA. administration ofjustice,” improvement ofthe commitment anddedicationtothe “her exemplarylifelong Marshall Award inrecognitionof (ABA) JusticeCenter2010John Bar Association the American Abrahamson hasbeenselectedfor In announcingtheaward, Chief JusticeShirleyS. „ , sothey pro se pro se Diane Fremgen litigants. RacineCounty coordinator. “She isamostworthyrecipientofthisaward.” national judicialandlegalorganizations,” Schroedersaid. leadership ofherstate’s judiciaryaswellmanyother toourprofessionbyhermanyyearsof the lawand judges acrossthenation. the firstwomanelectedtobenchinMarathonCounty when shestartedherownlawfirmin Wausau. women practicinglawincentral Wisconsin inthe1970s, Women (LAW) notedthatBradleywasoneofonlyafew Barbara Crabb. Abrahamson, Judge Angela B.BartellandJudge eradication ofgenderbiasinthelegalsystem. professional excellenceandcontributedsignificantlytothe given annuallytooneindividualwhohasachieved 2010 MarygoldMelli Achievement Award. The awardis Bradley isMellihonoree “Chief Justice Abrahamson hasprovenherdedicationto Bradley alsobrokebarriersinherjudicialcareer. Shewas In announcingits2010honoree,theLegal Association for Among the15pastwinnersareChiefJusticeShirleyS. Justice Ann Walsh BradleywashonoredinMaywiththe Gregg Moore Lisa Winkler see Awards Courthouse. County Racine forms atthe out court litigants fill helping begin will soon help center newself- A on page 10

THE THIRD BRANCH 2010 Summer 9 10

Summer AWARDS continued from page 9 2010 Milwaukee County. In 2005, the Supreme Court selected

THE THIRD BRANCH Brennan to serve as chief judge. In 2008, she was appointed to the Court of Appeals. She won election to a full term on that court in 2009. In an article about Brennan, the Milwaukee Press Club’s Kathy Mykleby noted that the judge – the oldest of eight children – learned early in life to follow her instincts. “Be true to yourself; just be who you are,” she said. “It is kind of what you learn as a trial lawyer. You cannot adopt anyone else’s style. It won’t work for you. … The same goes for parenting or whatever you do. You just have to be who you are and follow your heart.”

Court employees are Combined Campaign winners Each year, state employees in Wisconsin and elsewhere UW Law School Professor Emerita Marygold Shire Melli, left, are asked to participate in a United Way campaign that presents Justice Ann Walsh Bradley with the 2010 Marygold Melli Achievement Award given by the Legal Association for raises funds for a group of charities that help to improve life Women. The award was presented at a reception in Madison in the community by addressing issues related to on May 13. homelessness, hunger, child welfare, care of the Circuit Court in 1985, and ultimately became the county’s elderly and more. presiding judge before making a successful run for the In the most recent Supreme Court in 1995. campaign, in spite of “Justice Bradley is an outstanding justice – always economic woes, prepared, always asking insightful questions from the bench, Wisconsin Supreme and always delivering well-reasoned, well-written Court employees made opinions,” LAW wrote. The group also noted that Bradley an average contribution serves on state and national commissions, and is a frequent of $629. The total speaker on topics related to law and history. amount given by Supreme Court Appeals Judge Brennan is ‘Headliner’ employees ($11,942) The Milwaukee Press Club selected Judge Kitty K. reflected a 49.4 percent Brennan, Court of Appeals, District I, as one of its 2010 increase over the Headliners this spring. Founded in 1885, the Milwaukee previous year’s Press Club is the oldest continuously operating press club in contributions. North America. This extraordinary Randy Sproule, director of the Wisconsin court system Medical The Press Club gives its effort was led by court employee Randy Mediation Panels, poses with a prestigious Headliner Award plaque he accepted on behalf of annually to people who are in the Sproule, who is director Wisconsin Supreme Court news and are making a positive of the Medical employees who participated in the difference in Wisconsin. The Mediation Panels. Partners in Giving Campaign. Court other 2010 Headliner, Will Allen, “I think it speaks well employees were honored for has established a national of the staff that in spite substantially increasing their reputation for his urban gardening of wage freezes and contributions to the campaign in spite of difficult economic times. initiative, Growing Power. mandatory furloughs, Past Headliners include Jane Supreme Court and Lloyd Pettit, Mike Holmgren, employees stepped up to the plate and significantly Michael Cudahy, Jacqueline increased their contributions in an effort to help others in Mitchard and Janine Geske, Judge Kitty K. Brennan these challenging economic times,” Sproule said. among others. Sproule accepted, on behalf of all participating court Brennan was a high-profile, tireless advocate for the employees, an award honoring court staff for recording the Milwaukee County Circuit Courts during her three-year second-highest percentage increase in contributions over the tenure as District One chief judge. Her steadfast leadership previous year. helped to keep the courts running in Milwaukee during a The total contribution to the Partners in Giving Campaign period of drastic budget cuts. by Wisconsin state employees was just under $2.9 million Brennan’s career in the law began in 1977 in the for 2009. „ Milwaukee County District Attorney’s Office, and included 10 years in private practice and 14 years on the bench in 11

LEADERSHIP Summer 2010

Milwaukee’s court reporting manager thrives THE THIRD BRANCH on hectic pace By Beth Bishop Perrigo, Deputy District Court Administrator, First Judicial District hen Michelle Smith Fighter Wing at Truax Wwas appointed Field. manager of court reporting Today, the Smith family services for the Milwaukee has found a “new normal.” County Circuit Court in Ed returned from July 2007, she thought the Afghanistan in January only balancing she would 2010. Gone (at least for have to do would be the now) are the days of schedules of more than 70 skydiving (Michelle has court reporters in logged more than 100 Milwaukee, tracking jumps) and quiet dinners transcript requests and for two. Instead, Michelle filling the needs of the and Ed spend as much time courts when reporters as possible with Aaron, weren’t available due to whom the couple adopted illness or time off. No in November 2008. He just problem. After all, she had Michelle Smith, manager of court reporting services in Milwaukee, turned 3. been an assistant to with her husband, Ed, and son, Aaron. “He is a handful, but he’s Managing Court Reporter also smart, energetic and Kris Jacobi, and was well acquainted with the hectic pace of just plain fun,” Michelle said. “He is such a delight and the office. certainly puts life in focus.” But life became vastly more complicated in Smith’s first Balancing the court reporter schedules in Milwaukee week on the job when she and her husband, Ed, became County seems to pale next to the daily delight of meeting foster parents to a seven-week-old baby named Aaron. Then, the ever-changing needs of a 3-year-old, and the life and a few months later, Ed was deployed to Afghanistan. A death of bomb disposal. But just to be certain that life never veteran of the Gulf War and the Iraqi War, Ed is an becomes routine, Michelle and Ed have just begun the foster explosive ordnance disposal technician with the 115th care process once again. „

MILESTONE Deputy clerk marks 40 years of service By Terrie Tews-Liebe, Waupaca County Clerk of Circuit Court hen Barbara Allar began her career in the Waupaca WCounty Clerk of Circuit Courts Office on June 5, 1970, there were no telephones or computers in the courtroom. There was, she recalled in an interview, a rather inefficient buzzer system. If the buzzer sounded, you knew that someone needed something in the courtroom...but you didn’t know what! Also slow and cumbersome was the docketing process. Documents were all recorded by hand in large docket books until the Consolidated Court Automation Programs (CCAP) came along in 1992. During her tenure, Allar has worked under three clerks and seven judges. She began as a clerk-typist, and was promoted to the position of deputy clerk Branch II. She now clerks for Judge Raymond S. Huber in Branch III. In her spare time, Allar enjoys gardening and spending Barbara Allar celebrates 40 years with the Office of the time with her family. She’s also an excellent baker, and her Clerk of Circuit Court in Waupaca County. co-workers love her treats. Congratulations Barb, on 40 years of dedicated service! „ 12

Summer OPINION 2010

THE THIRD BRANCH My challenge to the Wisconsin Judicial Code By Judge John Siefert, Milwaukee County Circuit Court Editor’s note: In the case of Siefert v. Alexander, Federal Breier also had broad restrictions on political speech, a District Judge Barbara B. Crabb enjoined the enforcement ban on commenting on controversial issues, and discouraged of three provisions of the Wisconsin Judicial Code after talking to the press. concluding that they violated the First Amendment. On June As I sat there pondering the similarities, I recalled a 14, 2010, Crabb’s decision was affirmed in part and judicial free speech controversy from the fall of 2006. reversed in part by a three-judge panel of the Seventh Wisconsin citizens were considering an advisory referendum Circuit Court of Appeals. The plaintiff, John Siefert, has on whether Wisconsin should enact a death penalty. A been a Milwaukee County Circuit Court judge since 1999. number of judges who wanted to speak out on this He also served as a Milwaukee Municipal Court judge. controversial issue decided to first ask for an opinion from Here, for the first time, Siefert explains why he challenged the Judicial Conduct Advisory Committee on whether such the code and calls upon the Wisconsin Supreme Court to speech was allowed under the Code. take a new look at revising the ethics rules that guide the To my shock, the initial opinion said NO! actions of Wisconsin judges. This column reflects only the The opinion acknowledged that both proponents and views of the author, Judge John Siefert. opponents of the death penalty agreed that this issue implicates profound and fundamental questions of law, the n October 1975 a young Milwaukee legal system, and the administration of justice. I knew that Ipolice officer did what many of his SCR 60.05(2) of the Code specifically allows a judge to colleagues considered unthinkable: he speak, write, lecture, and teach about the law, the legal publicly challenged Milwaukee’s legendary system, and the administration of justice. (and authoritarian) Chief of Police Harold So when the committee determined that a judge should not Breier. Breier had promulgated highly state a public opinion on the death penalty, it stunned me. restrictive rules on speech and political The conduct committee opined that to allow a judge to activity he claimed were necessary to speak out on the death penalty would be to allow the maintain the “appearance of impartiality” of prestige of the judicial office to be used to advance “a his officers. Among them was Rule 29, private interest.” Section 23, which provided that no police Gee, until I read that opinion, I hadn’t realized there were officer could engage in political activity – that many judges on death row with a “private interest” in specifically barring being a member or the outcome of the debate. Judge John Siefert officer of a political party or holding After a firestorm of criticism, the committee issued a political office. revised opinion. I was that young officer. It still answered the plea to be able to speak out with a In many ways, I was atypical. A graduate of the NO, but with qualification. It now held that to allow a judge University of Chicago, I came onto the job of street cop to take a stand on the death penalty would cast a reasonable with my law degree already in hand. Even more atypical, I doubt on the sitting judge’s capacity to act impartially on was a Democrat, a progressive, and a political activist. cases involving the death penalty which may come before While still in law school at the University of Wisconsin, I the judge. had twice run for the state Legislature (in my freshman and Gee, until I read that revised opinion I hadn’t realized how senior years). In 1972, I was a delegate to the Democratic many death penalty cases might come before me, given National Convention. Wisconsin has never had a death penalty, was relatively Not many of my squad partners at the Fifth Precinct in unlikely to enact one, and, if the penalty were enacted, it Milwaukee’s inner city were Democrats. Fewer still were would take decades to accomplish. interested in politics. The committee, balancing the remote possibility that a Breier claimed his rule was necessary to preserve “an sitting Wisconsin judge might actually face a death penalty appearance of impartiality” among his officers. But I felt case before retirement with the moral imperative to speak his ban on political activity impinged on basic constitutional out, came down squarely against speaking out. and statutory rights. The right to join a political party and to Effectively silencing Wisconsin’s judges on the death run for office were fundamental, in my view, to a penalty greatly disturbed me. At the time, I viewed those democracy. actions more as an effort by the judicial establishment to I challenged Breier’s rules in court. keep Wisconsin judges non-controversial than as an effort to I won. keep them impartial on a category of cases that do not now Flash forward to fall 2007: now a veteran judge with over exist and are unlikely to exist. two decades on the bench, I took stock of another set of But as I pondered my 30-year-old files on the Breier rules: the Wisconsin Judicial Code. battle, I decided maybe they weren’t ancient history. Maybe The occasion was my spring housecleaning of old case the battle for freedom of speech and political association just files. I was planning to toss the files on the Breier battle as needed to be fought on a different front. ancient history. But as I reviewed the dusty pages, I was I challenged the Judicial Code in federal district court. struck by how similar Breier’s rules were to the Judicial I won again. Code. In fact, SCR 60.06(2)(b)(1) of the Code stated that On Feb. 17, 2009, Judge Barbara B. Crabb issued a no judge shall be a member of a political party. Sounded decision that suggests Wisconsin’s judicial rule makers stop familiar. see Opinion on page 14 Edward R.Brunner, DistrictIII. Judge KittyK.Brennan,DistrictI,catchesupwith and washonoredataseparatecelebrationlastwinter. pursuits. BridgeservedontheCourtof Appeals forthreeyears, Bridge, whosteppeddowninJanuarytofindmoretimeforother Waukesha County. served 19yearsafterspending11 yearsonthecircuitcourtin Dykman served32yearsontheCourtof Appeals, andSnyder Dykman andSnyder, bothofwhomsteppeddownonJuly31. Paul F. ReillyandGaryShermanwerewelcomedtothecourt. for theirmanyyearsofservice,andJudgesBrian W. Blanchard, court, wedon’t gettosocializemuchbetweendistricts.” said. “We sitinfourdistrictsand,eventhoughweareaunified of Oconomowoc. Kaldhusdahl, whoproducedadocumentaryfilmonthehistory Herro, anotedhistorian,andBrown’s brother-in-law, Terry colorful historyoftheareabyBrown’s father-in-law Chuck districts forfood,swimmingandpontoonboatridesfeaturinga The partybroughttogetherCourtof Appeals judgesfromallfour longtime membersofthecourt,andtogreetthreenewmembers. a celebrationathishomeinOconomowoctobidfarewelltwo the sameway. individual served,andthecourtwelcomesnewjudgesinmuch T newmembers greets retirees, honors Appeals of Court Judge PaulB.Higginbotham, DistrictIV. Sherman wasappointedinMaytoreplaceJudgeBurnieL. Blanchard andReillywereelectedin April tosucceed “It wasareallyniceeveningandgoodforthecourt,”Brown This yearwasdifferent. ChiefJudgeRichardS.Brownhosted Judges CharlesP. DykmanandHarryG. Snyderwerehonored judges withsmallgatheringsinthedistrictwhere he Wisconsin Courtof Appeals typicallyhonorsretiring „ Richard S.Brown. the benchinDistrict Iin2007,andChiefJudge Blanchard, left, withJudgeLisaS.Neubauer, whotook Newly electedCourtof Appeals JudgeBrianW. Gregory A. Peterson Gregory A. W. Hoover, KittyK.Brennan,JoanF. Kesslerand rear, fromleft toright,areJudgesPaulF. Reilly, Michael plaque commemoratinghis32yearsofservice.Inthe Court of Appeals JudgeCharlesP. Dykmanaccepts a Appeals. Looking on is Snyder’s wife,RosemarySnyder.Appeals. LookingonisSnyder’s plaque commemoratinghisserviceontheCourtof his longtimecolleague,JudgeHarryS.Snyder, witha Court of Appeals ChiefJudgeRichardS.Brownpresents

THE THIRD BRANCH 2010 Summer 13 14

Summer OBITUARIES 2010 Reserve Judge Robert A. Haase Haase was a leader in the

THE THIRD BRANCH movement to offer alternative Winnebago County Circuit Court dispute resolution to litigants. He Judge Robert A. Haase, a former chief judge respected by helped to organize the Winnebago colleagues across the state for his intellect and keen sense of County Conflict Resolution humor, died July 19 at home after a battle with cancer. He Center, and served as a mediator was 71. at the center until his illness Haase served on the Winnebago County Circuit Court prevented him from working. from 1982-2004. He was elected to the bench following a In addition to his work as a career in private practice that began in 1968. He also served judge, chief judge and mediator, for six years as chief judge of the Fourth Judicial District, Haase was an inveterate teller of and was a member of the Records Management Committee puns and a talented Barbershop for 10 years. In 2004, the State Bar recognized Haase’s quartet performer. He also spoke Judge Robert A. Haase professional accomplishments with its Lifetime Achievement Award. see Obituaries on page 16

May 11-12, 2011 The Wisconsin Supreme Court, Children’s Court Improvement Program and Department of Children and Families are co-sponsoring the 2011 Wisconsin Summit on Children and Families. The Summit will give professionals from around the state an opportunity to focus on strategies to improve outcomes for Wisconsin children and families served by state, tribal and county child welfare and court systems. Watch for more information on how to register.

OPINION continued from page 12 playing pretend. She wrote: constitutional right to join the Democratic Party. This brings up a related question which is whether the Because of the great contribution judges can make to the gag order imposed by SCR 60.06(2)(b) is fooling debate on many issues of public policy, we in Wisconsin anyone. Many if not most judicial candidates have should embrace the trend to broaden freedom of judicial political lives before their judicial campaigns and often speech, rather than unnecessarily restricting it. And we are easily identified as “Republican” or “Democrat” should do it on our own, rather than waiting for the federal even if they do not explicitly run as such. courts to do it for us. Three of our state Supreme Court justices recently cited Crabb continued: with approval the U.S. Supreme Court majority opinion in The voters should be given at least as much credit for Citizens United v. Federal Election Commission, which said their ability to figure things out for themselves. Once courts must avoid drawing fine lines and making intricate that reality is acknowledged, it is difficult to argue that case-by-case determinations to verify whether political the government has a compelling interest in stopping speech is banned because to do so may chill the exercise of judges and candidates from saying out loud what political speech. To paraphrase their words, when a everyone already knows. governmental regulation is not clear and is interpreted using ambiguous tests, it forces a speaker who wants to avoid the Her best line was, “The best way to eliminate potential threat of punishment to obtain prior permission to speak. bias is to shine a light on it, not cover it up.” Rather than undertake the burden of obtaining prior Crabb’s decision was appealed by the Judicial approval, a speaker may choose simply to abstain from Commission, and on June 14, 2010 the Seventh Circuit protected speech. The result is self-censorship. Court of Appeals upheld the key free-speech portion of her I would encourage the justices who wrote those words to ruling. I have asked the Seventh Circuit to rehear en banc re-evaluate their position on appointing a committee to those portions of her opinion dealing with political redraft constitutionally questionable sections of our Code of endorsements and judges soliciting campaign contributions. Judicial Conduct. Those were not upheld by the three-judge panel. Finally, we should understand that the real solution to the That three-judge panel demonstrates what real non- thorny issue of judicial campaign fundraising is not to partisanship is all about. It is not about suppressing pretend that judges are not part of the grubby business of controversial speech, but in acting in a non-partisan manner. raising campaign cash, but to embrace the model of raising Three Republican-appointed judges (John D. Tinder by Bush thousands of $5 and $10 contributions to qualify for public II, Ilana Rovner by Bush I, and Joel M. Flaum by Reagan) financing, with large contributions banned outright, as set acted in a legally reasoned, non-partisan way, to uphold my out in the new Impartial Justice act. „ C By BridgetBauman,Children’s CourtImprovementProgramCoordinator Waushara County justiceshadows in caseworkers Chief she cares.” staff andthoseshespenttimewiththat it providedapowerfulmessage to our to witnessfirsthandtheworkwe do,but staff notonlyprovidedhertheopportunity Justice spentshadowingourdepartment and consumers. The timethattheChief to interactandmeetwithfosterparents them toactuallygooutinthecommunity with thepersonalattentionprovidedby the reviewprocess. We wereimpressed the staff fromthestatecourtsdevotedto and efforts ChiefJustice Abrahamson and review in Waushara County: about Abrahamson’s visitandtheCCI Waushara DHS,hadthefollowingtosay reducing petitionsinjuvenilecourt. successful atassistingfamiliesand program, whichhasbeenextremely highlighted byDHSwastheirmentoring Waushara County. Oneoftheservices provide tochildrenandfamiliesin and learnedabouttheservicesthey she spenttimemeetingwithDHSstaff children in Wautoma. Laterintheday, House, ahomelessshelterforwomenand an independentlivingcoordinator. caseworker, afostercarecoordinatorand the child’s parent,thefosterparents,a that includedoneofthefosterchildren, Chief attendedamonthlyteammeeting Hawlishes abouttheirexperiences,the children. Inadditiontotalkingwiththe years. The Hawlisheshaveadopted eight have beenfosterparentsformorethan30 of ChrisandMaryHawlish,acouplewho supervisor fromDHStothefosterhome accompanying acaseworkerand Children’s CourtImprovementProgram. from theDirectorofState CourtsOffice’s conducted in Waushara Countybystaff Initiative (CCI)reviewthatwasbeing conjunction withtheChildren’s Court Abrahamson visitedinMay, in lives ofchildrenandfamilies. the importantrolethattheyplayin (DHS) togainadeeperunderstandingof County DepartmentofHumanServices shadow caseworkersfromthe Waushara “Waushara Countyappreciatedthetime Abrahamson alsovisitedNaomi Abrahamson beganhervisitby Glenn Johnson,directorofthe recently hadtheopportunityto hief JusticeShirleyS. Abrahamson „ Rogalski andNancy Abel, bothofDHS. Dutcher; GlennJohnson(DHS);CountyBoardSup.DennisWedde; andColleen and Trisha Wicinsky ofDHS;ChiefJusticeShirleyS. Abrahamson; JudgeGuy county servicestochildrenandfamilies.Pictured(left toright)are:DawnBuchholz Department ofHumanServices(DHS)duringaChildren’s CourtInitiativereviewof Chief JusticeShirleyS. Abrahamson meets with officialsfromtheWaushara County who havebeenfosterparents formorethan30years. Chief JusticeShirleyS. Abrahamson inthehomeofChrisandMaryHawlish,

THE THIRD BRANCH 2010 Summer 15 16

Summer OBITUARIES continued from page 14 2010 fluent Mandarin, and served as a language specialist in the where Knutson received treatment (see The Third Branch, U.S. Air Force in the 1950s. As a story in the Oshkosh winter 2008). THE THIRD BRANCH Northwestern noted, he is mourned by lawyers, judges and “Rebecca knew firsthand how these gifts would brighten people throughout the community. the lives of the other patients,” Colwin said. “He was extremely well liked,” Winnebago County Circuit When not at work, Rebecca enjoyed watching films and Court Judge Barbara Key was quoted as saying. “A lot of the Olympics. State Law Library and MLRC staff could people are looking back today and thinking we were very, always plan on her taking vacation in order to stay home to very fortunate to have known him and worked with him.” watch round-the-clock Olympic coverage. Surviving Haase are Vernice, his wife of 48 years; and a On hearing of her death, Milwaukee judges, lawyers and daughter, two sons and 10 grandchildren. courthouse staff alike commented that Knutson “was the best,” and many noted that she kept her sense of humor Gerald M. Brillowski, and her spirits up during her entire illness and will be greatly missed. Court Reporter Rebecca is survived by her parents, four sisters, one Gerald M. Brillowski, a longtime court brother, other family members and many friends. reporter who took the record at the murder trial of Ed Gein, whose case inspired the Alfred Hitchcock film David R. Schanker, Clerk of the Psycho and the novel and movie The Wisconsin Supreme Court and Silence of the Lambs, died in May at a Stevens Point hospital. He was 76. Court of Appeals Brillowski was working for Judge David R. Schanker, clerk of the Robert H. Gollmar in Waushara County Wisconsin Supreme Court and in November 1968 when Gollmar Court of Appeals, died July 5 at presided in the Gein murder trial. UW Hospital in Madison from Gollmar later wrote a book about the complications following a heart case, and Brillowski often claimed at transplant. He was 55. Gerald M. Brillowski least partial authorship. Director of State Courts A. John Brillowski began his career in court reporting in Chicago. Voelker has been appointed to He moved to Wisconsin in 1961, initially settling in Baraboo serve as interim clerk until a before working for various judges in different counties. He replacement is hired. retired from the courts in 1989, but continued to work as a A memorial service for Schanker freelance court reporter and opened a Christian bookstore. was held July 11 at the First Brillowski was a member of the Baraboo Theater Guild, Unitarian Society of Madison; David R. Schanker starring in “South Pacific,” “Gypsy,” and “Take Me Along.” Chief Justice Shirley S. He also sang with the Baraboo Barbershoppers, and worked Abrahamson was among the speakers. at golf tournaments at Whistling Straits in Kohler. He Schanker joined the Wisconsin court system in 2007 after enjoyed hunting, fishing, gardening and growing flowers. seven years as deputy clerk of the Indiana Supreme Court, Surviving Brillowski are two sons; one grandson; three Court of Appeals, and Tax Court. He earned a law degree at sisters; one brother; and a special friend, Marian Scheider. Indiana University and worked in private practice for four years in Indiana. Before pursuing a law degree, he worked in theater and film. Schanker grew up in New Jersey and Rebecca Knutson, Librarian lived in New York City for 15 years. Milwaukee Legal Resource Center Abrahamson said Schanker would be missed by his Rebecca Knutson, branch librarian at the Milwaukee Legal friends and colleagues in the Wisconsin court system. Resource Center (MLRC), died June 11 after fighting hard “David was not only an exceptionally skilled clerk, but a for three years to overcome her cancer. She was 53. talented author and playwright,” she said. “Many people, Knutson had worked at the MLRC both inside and outside the court system, benefited from and since 2000, most recently as branch appreciated his many talents.” librarian, managing both the library and Schanker authored several short stories, two legal-themed the chamber collections of the 47 novels, A Criminal Appeal (St. Martins Minotaur, 1998) and Milwaukee County circuit court judges. Natural Law (St. Martins Minotaur, 2001). More recently, he Throughout her illness Knutson made wrote Kiritsis, a play performed by the Forward Theatre work a priority, capably organizing the Company in Madison. library’s part of the annual judicial In 2009, Schanker served as a prestigious Toll Fellow as rotation and making National Library part of a program that recognizes emerging state leaders Week a courthouse event, said State Law from across the nation. Justice David T. Prosser, who Librarian Jane Colwin. For the last endorsed Schanker’s fellowship, said Schanker provided several years Knutson and the other valuable insight to the Supreme Court on various issues that MLRC staff organized a Christmas arose in rules petitions. holiday project to provide gift bags to Surviving Schanker are his wife, Suzanne Buchko; two Rebecca Knutson the cancer patients at the oncology center daughters; a sister, and his parents. „ Higginbotham Judge PaulB. in asoon-to-be-publishedbook,V Committees County GovernmentCenteraspart ofaJuly11 celebration. An estimated1,000peopletouredthenewGreenLake center thatwillincreasespaceforthecourts,jail,sheriff’s ceremony July11 tomarktheopeningofanewgovernment Pioneers. of proceedingsthat havebeenvacatedordismissed or criminal proceeding hasprogressed;and(c)whether records shoulddependonhowfar acivilor record through WCCA accessible through WCCA; (b)whetheraccessibilityofa with addressing:(a)thelengthof timearecordremains Court Automation (WCCA)Program.Itisalsocharged records maybeaccessedthrough the Wisconsin Circuit review how, andbywhom,circuitcourtcivilcriminal Kinney, OneidaCounty. This committeeisdirectedto Portage CountyCircuitCourt;andReserveJudgeRobert A. Members fromthecourtsare:JudgeFrederic W. Fleishauer, Vice-Chair: Rep.DonnaSeidel(D-Wausau) Chair: Rep.KeldaHelenRoys(D-Madison) Circuit CourtDocuments Special CommitteeonReviewofRecords Access of be consideredwhendeterminingamaintenanceaward. under s.767.59,Stats.; and(e)whethermaritalfaultshould should beconsideredwhenrevisingmaintenanceorders duration ofamaintenanceaward;(d)whethercohabitation provide guidancetothecourtsrelatingamountand uniform andpredictable;(c)whetherthestatutesshould maintenance considerationsgivenins.767.56,Stats., more awarding maintenance;(b)makingapplicationofthe PEOPLE Green LakeCountyofficials helda ribbon-cutting continued fromfrontpage which hehelpedtodevelop. sit onMadison’s MunicipalCourt, County. Hewasthefirstjudgeto circuit courtjudgeinDane was thefirst African-American Wisconsin appellatecourt).He person ofcolorsittingona Court of Appeals (andistheonly American tositonthe Wisconsin “firsts.” Hewasthefirst African- legal careerhasbeenfullof Ray NaginandJohnConyersJr. likes ofCarolMoseleyBraun, Now, Higginbothamjoinsthe Judge oices ofBlack Paul B.Higginbotham American ’s helped toleadtheevent. Administrator RonaldLedford Storck andDistrictCourt Center. ChiefJudgeJohnR. Lake CountyGovernment opening ofthenewGreen ceremony tomarkthe presides ataribbon-cutting Justice DavidT. ProsserJr. working withtheDepartmentof project isstillunderwraps,butshe on ajustice-relatedtopic. This year's law school)digsintoaresearchproject university researcherbeforeshewentto Drake Roggensack stations. Fox Valley newspapersandtelevision The eventdrewcoveragefromseveral and videoconferencing,Prossersaid. www materials, visittheLegislature’s Web siteat: Joint LegislativeCouncilCommittee. Final membershipofthecommitteeswasdeterminedby the namesofoneortwojudgesforeachcommittees. volunteers toserveonthesecommittees. Voelker forwarded Director ofState Courts A. John Voelker’s requestfor WCCA. resulted inacquittalshouldcontinuetobeaccessiblethrough m determine...” knowledge ona particular subjectasthecouncil may members ofthelegislatureandsuch citizenshavingspecial authorized toappointsubcommittees “consistingof To conductthesestudies,theLegislativeCouncilwas its recommendationstothenext general orspecialsession. during orbetweensessionsofthe Legislature,andtoreport studies ofmattersconcernto the Legislature,either meeting. meetings, whichwillbeavailableforlisteningaftereach . The Web sitealsowillprovidetapedproceedingsofthe Each summer, Justice To seethefullcommitteemembership andallcommittee More than20judgesfromaroundthestaterespondedto The LegislativeCouncilwascreatedin1947toconduct .legis.wisconsin.gov/lc/committees/study/2010/index.ht „ (who wasa Patience addressed thecrowd.Prosser distinguished guestswho Prosser Ledford said.Justice toured thecourtrooms, More than1,000people tours oftwonewcourtrooms. helped hosttheevent,guiding Administrator Court, andDistrictCourt Storck services. ChiefJudge department andcountyhuman recording audio digital security, with moderntechnologyfor The newfacilityisequipped nearly 12yearsinthemaking. through aprojectthatwas Green LakeCountyforseeing commended thepeopleof , DodgeCountyCircuit see , Jr. Roggensack Justice PatienceDrake People was among Ron Ledford on page 18 David T. John R.

THE THIRD BRANCH 2010 Summer 17 18

Summer PEOPLE continued from page 17 2010 Corrections, the UW and contestants raised more than $89,000 in 10 weeks (Saffran Marquette University. She cannot disclose his portion of the total). The money will go to THE THIRD BRANCH expects the research will be support leukemia and lymphoma research. Saffran appeared published next year. on several Madison TV news programs and soon will be Justice Ann Walsh featured on a billboard and in a full-page ad in USA Today. Bradley met June 28 in the Brian Anderson, a 2010 Supreme Court Hearing graduate of Ohio Northern Room with participants in University’s Claude W. Pettit Law Constructing Liberty, a School and son of Court of teachers’ institute that is a Appeals Judge Daniel P. joint project of the Chippewa Anderson, is spending a year as Valley Museum, UW-Eau law clerk/assistant to the Claire History Department president of the Rwanda Supreme and several Wisconsin Court. He is under contract as Cooperative Educational Justice Ann Walsh Bradley part of the USAID project to speaks with participants in a Service Agency districts. restore the rule of law to post- first-ever teaching institute Bradley discussed the developed by the Chippewa genocide Rwanda. The country is foundations of Wisconsin law Valley Museum and the UW- transitioning from a civil law and early Wisconsin cases. Eau Claire History system to a common law system, Judge Daniel P. “Distinguished judge, Department. and changing its official language Anderson athlete Moeser to be latest from French to English. Hall inductee” headlined a story in the May 13 edition of the Brigid Moroney, who worked as an intern in the Director Stoughton Courier Hub. The article detailed the athletic of State Courts Office and at the Supreme Court, was sworn accomplishments of Stoughton native Daniel R. Moeser, in as a new lawyer in May after her admission was moved who went on to become a highly by her proud father, Judge Dennis P. Moroney. The respected judge and chief judge. Wisconsin Law Moeser has served on the bench Journal covered in Dane County for 31 years. As a the swearing in. student at Stoughton High School, Moroney will Moeser earned All-Conference, begin work All-State and High School All- right away with American honors in football and the Milwaukee basketball, and he still holds the law firm of Badger Conference basketball Beck, Chaet, record for most points scored in a Bamburger & game (56) and in a season. Polsky. Moeser earned a four-year The majority Judge Daniel R. Moeser basketball scholarship to Tulane Photo credit: Jack Zemlicka, Law Journal Wisconsin of state court University, where he majored in economics. Atty. Brigid Moroney poses with her father, judges in Art Saffran, whose fundraising efforts on behalf of the Milwaukee County Circuit Court Judge Wisconsin are Leukemia & Lymphoma Society were reported in the spring Dennis P. Moroney, after her bar admission not ‘friending,’ edition of The Third Branch, was named the Society’s ‘Man in May. being of the Year’ on June 5 for besting a group of worthy ‘friended,’ opponents in a fundraising competition. All told, the nine tweeting or blogging – at least not yet. Judge John DiMotto conducted an informal poll of his colleagues this spring to understand how many are involved in online social networks. All told, 165 judges responded. Of those, 118 (72 percent) are not participating on sites such as Facebook, and 47 (28 percent) are. Of the 47 blogger/tweeter/posters, 32 (68 percent) are from urban counties and 15 are from more rural areas. DiMotto’s poll was conducted to help Judicial CCAP’s Art Saffran was named ‘Man of the Year’ by the Leukemia & Lymphoma Society for winning a friendly Conference planners to organize a session on online interaction. fundraising competition. Shown with Saffran on a prominent Judge John DiMotto billboard in Madison are Woman of the Year Kelli Cameron, and Boy and Girl of the Year, Lucas and Melissa. Both children see People on page 19 are leukemia survivors. implementation hasbeengenerallyslow. state appellatecourts,lookingatthereasonsthat second article,pennedbySchanker, examineseFilingin The rules thatpermitthecitationofunpublishedopinions. until hisdeathinJuly, examines thenationalimpactofnew served asclerkoftheSupremeCourtand Appeals assistant tothechiefjustice,and in theDodgeCountyCourthouse. was selectedtobethebailiffatmocktrial to sixthgradestudentGriffinKluge,who County CircuitCourt,handsalargegavel Chief JudgeJohnR.Storck, Dodge Judge Steven G. Bauer circuit courtjudgeinMarathonCounty, andoneofthefirst Capitol from Wausau. Italsonotedthat,asthefirstfemale Bradley, withfourchildrenat home,commutedtothe Wausau. The specialsegmentrecountedthedayswhen in “Someone youshouldknow”specialon WAOW-TV articles. The first,authoredby in July, highlightedthe Wisconsin courtsystemintwo consequences ofonebaddecision. mother, whospoketothestudentsaboutdire for 10years. Also participatingwastherealdefendant’s In reality, Storck toldtheclass,manwassenttoprison the “defendant”guiltyandsentencedhimtooneyearinjail. run theprogramfor14years. The students ultimatelyfound of amotorvehiclecase.ChiefJudge The 2010editionof PEOPLE Justice Ann WalshBradley continued frompage 18 Future TrendsinStateCourts ‘legal extensionagent’,”astory no substitutefordiligence.” of mypersonalitythough. There’s have tobeprepared. That’s part told thereporter. “You always faster andjumphigher,” Bradley thinkyouhavetorun ‘firsts,’ reputation fortirelesswork. Supreme Court,Bradleybuilta women toserveonthestate Sentinel in theJune4 “Blogging judgeaimstobe “I always,likeofcoursealot Theresa Owens was thesubjectofa David Schanker blog, introducedJudge

John R.Storck Photo credit: Megan Sheridan, Beaver Dam

Milwaukee Journal Daily Citizen intoxicated use homicide by an actual trial basedupon one-day mock participate ina Courthouse to County the Dodge were broughtto Elementary, Mayville graders at students, sixth May. The Daily Citizen Beaver Dam a storyinthe court” headlined their dayin “Students get , executive , who , issued has in justices themselves. throughout theconvention–occasionallybySupremeCourt made itsdebutattheState BarConvention, andwasstaffed designed tohighlightvolunteeropportunities. The display Bar of Wisconsin unveiledaspecialtravelingdisplay committees reachedanewlevelthisspringwhentheState lawyers tovolunteerforserviceonavarietyofcourt-related of thoseonGlamdring,his2001GL1800Goldwing. sat in40 Wisconsin courthouses–andhe’s traveledtomany been areservejudgeforabout25years.Heestimateshehas Vocke isaformer Vilas CountyCircuitCourtjudgewhohas or asadisciplinaryreferee. sits ineitherasareservejudge many Wisconsin courthouseshe documenting withphotosthe Gavel, Will Travel.” Vockeis project he’s calling“Have Vocke www law.” Bauer’s blogisat universities andthepracticeof same linkbetweenthe entering thelaw, Ididn’t seethe agri-business people. After the technology, thefarmersand flowed quitedirectlyfromtheuniversitytoendusersof in arecententry. “Inagriculture,researched-basedideas universities weretheboundariesof Wisconsin,” Bauerwrote –thattheboundariesofstate of the‘Wisconsin Idea’ findings invariousfieldstothepracticeoflaw. “Iwaspart his interestinfacilitatingthetransferofusefulresearch agent, ajobheheldforfiveyearspriortolawschool,and agriculturalextension noted Bauer’s backgroundasaUW Steven G. Bauer’s committees. non-lawyers tovolunteerforservice oncourt-connected Supreme Court–includingjustices –encouragedlawyersand State BarConventioninMadison.Foster and othersfromthe speaks withformerState BarPresidentGeraldMowrisatthe Nathan Foster, lawclerktoChiefJustice Shirley Abrahamson, The SupremeCourt’s effort toencouragelawyersandnon- Reserve Judge .bauersteven.blogspot.com has launchedanew Timothy L. new blog, To Speakthe Truth. The story „ . L. Vocke Reserve JudgeTimothy

Photo credit: Deb Heneghan

THE THIRD BRANCH 2010 Summer 19 The Third Branch A. JohnVoelker Amanda Todd Terrie Tews-Liebe Claudia Singleton Hon. JohnSiefert Tom Sheehan Nancy Rottier Gail Richardson Beth BishopPerrigo Jessica Jensen Sara Foster Bridget Bauman Contributing Writers Sara Foster Associate Editor Tom Sheehan Amanda K.Todd Co-Editors A. JohnVoelker Director ofState Courts Shirley S. Abrahamson Chief Justice (608) 267-0980 fax [email protected] e-mail (608) 264-6256 phone Madison, WI53701-1688 P.O. Box1688 Court InformationOfficer Amanda Todd and articleideasto: Send questions,comments, court system. interest totheWisconsin Office, providingnewsof Director ofState Courts quarterly publicationofthe The ThirdBranch Sara Foster Graphic Design/Layout Court Iowa CountyClerkofCircuit Carolyn Olson Vernon CountyCircuitCourt Hon. MichaelJ.Rosborough Editorial Committee www.wicourts.gov is a AIM and nationalstudiesshowthat white andminoritydefendants.State into incarcerationdisparitiesbetween target populationafterintenseresearch defendants withthesecharges asthe Why forgeryanddrugoffenses? each year. potential totalof500recordscreated entered intothedatabase,fora Drug Treatment Courtwillalsobe the participantsinDaneCounty the overallstate AIM program.Dataon participating countytocontribute time. This willenableeach so thatrecidivismmaybetrackedover Court Automation Programs(CCAP) software createdbytheConsolidated database usingspecialized AIM evaluation willalsobeenteredintoa position toassistwiththeassessments. database andcreatingahalf-time technology resourcestohostthe funds forCOMPAS, usingcounty supported theefforts byproviding the motivation. DaneCountyhasfully (URICA) toassessthedefendant’s Island Change Assessment Scale tools andtheUniversityofRhode preliminary hearing,usingCOMPAS interviews atthetimeof gathered? How willtheinformationbe assessment tools. statewide implementationofthe COMPAS aswell,andisbeginning Corrections recentlyselected sentencing. The stateDepartmentof additional toolinpleanegotiationand needs, andwillbeusedasan firm. The reportswillassessriskand Michigan-based correctionsconsulting product developedbyNorthpointe,a Alternative Sanctions(COMPAS), a Offender ManagementProfilingfor court staff usingtheCorrectional of thesedefendantseachyear. and judgesreportsonasmany400 give defenseattorneys,prosecutors Marathon, MilwaukeeandPortage. Bayfield, EauClaire,Iowa,LaCrosse, Subcommittee. The othercountiesare Effective JusticeStrategies The Dane AIM teamselected The resultsoftheCOMPAS Dane Countycourtstaff willconduct The reportswillbegeneratedby In DaneCounty, theprogramwill continued fromfrontpage mar (608) 261-0680or in theOfficeofCourtOperations, AIM initiative,contactMaryM. Moyer For more informationonthestatewide practices. when adoptingevidence-based incarceration researchcomponent incorporate adisproportionate- County isthefirstinnationto attendees. County Executivewereamong70 County BoardandOffice oftheDane Office ofCourtOperations,Dane Dane County. Representatives ofthe lawyers practicingcriminallawin June 25programthatwasopentoall from Northpointe,onthefacultyofa Goodloe, clientservicesconsultant Court CarloEsquedajoinedNeal Sarah B.O’BrienandClerkofCircuit Criminal DivisionPresidingJudge reports, ChiefJudgeC. William Foust, and describehowtointerpretthe County initiativeare: What are thegoalsofprogram? long meetingonthistopic. Oliver, whopresentedataspecialday- SociologyProfessorPamelaE. UW judges wereassistedinthiseffort by incarceration ofwhites.DaneCounty Americans atratesthatfarexceed Wisconsin isimprisoning African- Goodloe saidhebelievesDane To explaintheassessmentprocess The goalsestablishedfortheDane incarceration inDaneCounty disproportionate minority the sentencesapplied on characteristicsofoffenders and of criminalbehavior best opportunitytobreakthecycle safety andoffer thedefendant needs inordertobothprotectpublic individual defendant’s risksand objective informationconcerningan program needs options anddetermineunmet of localtreatmentprograms success/failure andoverallefficacy y Have apositiveimpacton Track andreportrecidivismbased Provide counselandjudges Identify anduseexistingtreatment Generate measuresof .moyer@wicour „ ts.gov .

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