MessengerSummer 2014 z Volume 2 MMilwaukeeilwaukee AAllll SStars:tars: MMBABA VVPP AAndyndy WWronski,ronski, BBrewersrewers VPVP & GGeneraleneral CCounselounsel MMartiarti WWronski,ronski, aandnd MMVPVP ((MostMost VValuablealuable PPooch)ooch) HHankank PERMIT NO. 3207 NO. PERMIT MILWAUKEE, WI MILWAUKEE, Milwaukee, WI 53202-3746 WI Milwaukee, PAID 424 E. Wells St. Wells E. 424 U.S. POSTAGE U.S. Milwaukee Bar Association Bar Milwaukee PRSRT STD PRSRT Messenger 1 Regular Features Contents 4 Letter From the Editor Summer 2014 • Volume 2 5 Volunteer Spotlight 5 Member News In This Issue: 6 Message From the President 7 Milwaukee Justice Center Update 8 CLE Calendar 9 Architects in Dispute Resolution: Do Th ey Make Good Arbitrators and Mediators? by Robert Greenstreet, Dean, University of Wisconsin-Milwaukee School of Architecture 8 New Members 10 Th e Law of Library Fines 11 Th e Reel Law by Attorney Douglas H. Frazer, DeWitt Ross & Stevens 21 Pro Bono Corner 12 156th Annual Meeting Be Part of the Messenger 13 MBA Honors Deceased Judges and Lawyers at Annual Memorial Service Please send your articles, editorials, or anecdotes to [email protected] or 14 MJC Campaign Affi rms MBA Membership’s Commitment to Justice mail them to Editor, Milwaukee Bar Association, 424 East Wells Street, 15 Th ere Goes My Retirement Job Milwaukee, WI 53202. We look forward by Honorable Richard J. Sankovitz, Milwaukee County Circuit Court to hearing from you! 16 Collegiate Student-Athlete Union Seeks NLRB Recognition If you would like to participate, we by Attorneys Eric Rumbaugh and Carlos Pastrana, Michael Best & Friedrich have seats available on the Messenger Committee. Please contact James Temmer, [email protected]. 17 Judge Adelman Finds Wisconsin Photo ID Law Unlawful Under Section 2 of Voting Rights Act and U.S. Constitution by Attorney Richard Saks, Hawks Quindel 18 MBA Resolution Urges Upgrades to Milwaukee County Court Facilities by Attorney Beth E. Hanan, Gass Weber Mullins 19 Law Day 2014 19 MBA’s Law & Technology Conference Returns December 3 Th e MBA Messenger is published quarterly by the Milwaukee Bar 20 Th e Right Tools: Milwaukee County Community Justice Council Promotes Evidence- Association, Inc., 424 East Wells Street, Based Approaches to Risk and Need Assessments Milwaukee, Wisconsin 53202. by Attorney Th omas H. Reed, State Public Defender, Milwaukee Criminal Trial Offi ce Telephone: 414-274-6760 E-mail: [email protected] 20 Gettysburg Address Article Garners Th ird Annual Messenger Award Th e opinions stated herein are not 21 2014 MBA Golf Outing Tees Up necessarily those of the Milwaukee Bar Association, Inc., or any of its directors, 22 Ashes, Ashes, We All Fall Down offi cers, or employees. Th e information presented in this publication should 22 Litigators Must Find Another Way to Keep It Together not be construed as formal legal advice or the formation of a lawyer-client relationship. All manuscripts submitted will be reviewed for possible publication. Th e editors reserve the right to edit all material for style and length. Advertising and general information concerning this publication are available from Britt Wegner, telephone 414-276-5931. Messenger 3 Letter From the Editor MBA Offi cers, Board t the 156th and the courts as bulwarks against popular of Directors, and Staff Annual Meeting opinion based on myth rather than fact. Ain June, both Th ose who doubt the power of mythology to Executive Committee our new and outgoing infl uence and even transform a society should David G. Peterson, President presidents highlighted consult—to cite the most extreme example— Marcia F. Drame, President-Elect the MBA’s mission Th e Rise and Fall of the Th ird Reich. statement, the last Andrew J. Wronski, Vice President bullet point of which Th is issue of the Messenger features an update Patricia A. Hintz, Secretary/Treasurer reads: “Increase public on Wisconsin voter ID litigation from Richard Charles Barr, Editor Beth E. Hanan, Past President awareness of the crucial Saks, an attorney on the front line of the role that the law plays in the lives of the people attack against that law. Our “hard law” article Directors of Milwaukee County.” Th at the law—as from Michael Best profi les the novel issue of Shannon A. Allen explicated by our courts—does indeed play whether college athletes should have the right Fox, O’Neill & Shannon such a role, not only locally but also nationally, to unionize and collectively bargain with the should be obvious to anyone conversant in schools they attend. Honorable Timothy G. Dugan current events. Milwaukee County Circuit Court Moving to the nuts and bolts of law practice, Matthew Robert Falk Consider fi rst Judge Barbara Crabb’s newly- Judge Richard Sankovitz reports on the Falk Legal Group minted decision fi nding the state’s ban on increasing popularity and fl exibility of e-fi ling Ann S. Jacobs same-sex marriage unconstitutional, and in Milwaukee County Circuit Court. Robert Jacobs Injury Law thereby joining the overwhelming majority Greenstreet, Dean of the UWM School of of courts to address that issue in the past few Architecture and a former Messenger award Maria L. Kreiter years. Doctrinally, if discrimination against winner, explores the use of architects as Godfrey & Kahn same-sex couples in issuing marriage licenses arbitrators and mediators in construction Susan E. Lovern is unconstitutional, it must have been so since disputes. von Briesen & Roper adoption of the Fourteenth Amendment in Beth Hanan writes on the resolution by the Th omas H. Reed 1868. Of course, anyone suggesting as much MBA Board of Directors urging prompt State Public Defender, Milwaukee Criminal in 1868, 1968, or even 1998 would have been action by county government to consolidate Trial Offi ce declared a lunatic, or worse. Public opinion, however, has swung to support a right to and improve county judicial facilities. Honorable Maxine Aldridge White same-sex marriage simultaneously with the MBA Board member Tom Reed details the Milwaukee County Circuit Court wave of court decisions declaring that right. Milwaukee County Community Justice So while we hear plenty of grumbling about Council’s continued promotion of evidence- MBA Staff “unelected” (i.e., federal) judges subverting based approaches to critical decision points in James D. Temmer, Executive Director the democratic process, in this instance criminal cases. Katy Borowski, Director of Projects the courts, not elected legislatures, refl ect the popular will, as the contours of equal On the lighter side, regular contributor Doug Sabrina Nunley, Director of Continuing Frazer delves into the law of library fi nes, Legal Education protection conform to the evolution of societal mores. Th is should dispel any lingering doubt which can take on a surprisingly penal aura. Dorothy Protz, Accountant that the Constitution is indeed a “living, Resident fi lm critic Fran Deisinger asks and Molly Staab, Offi ce Manager breathing document.” Whether and to what answers what makes To Kill a Mockingbird extent it should be—either on the gay marriage not only a legal classic but one of the great Britt Wegner, Director, Lawyer Referral & cinematic eff orts of all time. We disclose the Information Service issue or more generally—are subjects still open to debate, not to mention appellate review. winner of the third annual Messenger award. We have photos from the Annual Meeting, Milwaukee Justice Center Staff Law Day, and the MBA Memorial Service; Dawn Caldart, Executive Director Another dimension of the role law, as pronounced by the courts, plays in public life previews of upcoming MBA events; and Mary Ferwerda, Legal Director is evident in Judge Lynn Adelman’s recent updates from the Milwaukee Justice Center. Omar Mallick, Attorney Supervisor decision striking down Wisconsin’s voter ID law. Here the decision bucks rather than rides We hope you enjoy this edition of the the tide of public opinion; a solid majority of Messenger, and that the winter responsible Contact Information the public supports the voter ID law based on for overuse of the term “harsh” is by now Milwaukee Bar Association, Inc. the perception that voter fraud is widespread. but a distant memory. If the longer daylight 424 East Wells Street Th at perceived fact, however, was subjected hours should happen to awaken that dormant Milwaukee, WI 53202 to trial in Judge Adelman’s court, and he creative impulse, by all means drop us a line. Phone: 414-274-6760 dramatically concluded that it is a public myth. Th e fourth annual Messenger award is out Fax: 414-274-6765 Whether he judged the evidence correctly, there, waiting for a home. www.milwbar.org and whether that evidence accurately refl ects —C.B. electoral reality, are questions remaining open to debate and judicial review. Th e decision, however, illustrates the crucial function of law 4 Summer 2014 Member News Volunteer Danielle Bergner was appointed Deputy City Attorney for the City of Milwaukee. She is responsible for managing the legal Spotlight aspects of the city’s foreclosure, housing, and neighborhood revitalization initiatives. David Karp ttorney David Karp is a 1982 Fox, O’Neill & Shannon promoted Laurna Marquette University Law A. Jozwiak to shareholder. She concentrates School graduate who practices her practice in the areas of business, A in Wauwatosa. He owns a law fi rm with trademark, and family law. Danielle Bergner two associates, and practices primarily family and personal injury law. Goldstein Law Group announced that Sean M. McNulty has Laurna A. Jozwiak joined the fi rm as an associate. David has been doing pro bono work for David Karp many years. He has served as a volunteer helping pro se litigants at an organization Hupy and Abraham promoted Todd M. Korb to shareholder. Th e fi rm also originally known as Family Law Pro Se, which has changed announced that Jennifer Canavan has been its name to Women Pro Se.