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The Third Branch, Fall 1997

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The Third Branch, Fall 1997 TheThe ThirdThird BranchBranch A PUBLICATION OF THE WISCONSIN JUDICIARY Vol. 5, No. 4 http://www.wisbar.org/sct/ Fall 1997 Racine Receives $100,000 for Project Safe Start acine County has been awarded a $100,000 grant from the U.S. Racine. The community does provide a RDepartment of Justice to plan and develop a program to number of important services, but they are address the dual problems of domestic violence and teen pregnancy. scattered among more than 20 agencies and The program, Project Safe Start, will be a model for the rest of many individuals. the state and is part of the Wisconsin Supreme Court’s Families, Project Safe Start will develop a plan to Children and Justice Initiative. The grant application was submit- bring these services together and, where ted in cooperation with the Supreme Court. necessary, augment them. The plan will “I know that this effort will help Racine achieve its goal of have four components: a shelter for adoles- becoming the most youth-friendly city in Wisconsin by the year cent runaway girls; a residential program 2000,” Judge Gerald P. Ptacek, Racine County Circuit Court, said for adolescent mothers and their children; Judge Gerald P. Ptacek at a press conference. a continuum of comprehensive community Racine’s commitment to stemming the tide of domestic violence services for the new mothers and a service and adolescent pregnancy and the state court system’s Volunteers provider network to improve communication among the people in the Courts program and Families, Children and Justice Initiative who work with this population. impressed U.S. Attorney General Janet Reno during her visit to Project Safe Start will be developed through a cooperative effort Wisconsin last May. of the Women’s Resource Center, the Association of Funding Racine County human services workers, judges and citizens have Organizations and its Adolescent Pregnancy Prevention become increasingly concerned about adolescent childbearing Collaborative, the Racine County Executive and other public offi- and the variety of troubling issues teen mothers and their children cials, the county Human Services Department, Racine County face. A recent study revealed that 16 girls give birth each week in judges, local law enforcement and the state court system.❖ Judicial Pensions Courts Fare Well in Budget by: David Suchman created (one in human resources and one new law brings to fruition efforts Budget Officer as the assistant to the chief justice). by the national Conference of A Considering the delay, the courts’ budget Chief Justices and others to amend n October 13, after eight months of looks remarkably similar to the version federal pension regulations. It ends on-again, off-again action by the passed by the Joint Committee on Finance the 20-year period of uncertainty sur- O Legislature, the 1997-1999 biennial budget last April. There have been two major addi- rounding how, and if, the Internal was enacted. Although many requests tions since that time: Revenue Service would apply the were turned down, the courts still fared continued on page 6 nondiscrimination provisions for pri- better in this budget than they have in the vate sector pension plans to state and recent past. local plans. For example: CCAP project positions On August 5, President Clinton were finally made permanent; CCAP was Inside signed the Taxpayer Relief Act of 1997 given additional funds, from a fee increase, which makes permanent the current Judge’s Column . .2 to replace aging computer equipment at the practice of exempting state and local Legislative Update . .2 circuit court level; limited-term employees government pension plans from the New Faces . .5 positions in the Clerk of Supreme Court nondiscrimination provisions. People in the News . .7 and Court of Appeals’ office were made Sesquicentennial . .11 permanent and two new positions were My Induction Into the National Association of Women Judges by: Mark A. Frankel my status as one of very few male judges in attendance, I was greeted Dane County Circuit Court Judge warmly and enthusiastically by my female judicial colleagues. What impressed me most, in contrast to more traditional male- hen asked if I would be willing to serve as a representative dominated judicial conferences, was the willingness of the NAWJ Wof the Wisconsin judiciary to the National Association of members to examine candidly the underpinnings of how judicial Women Judges (NAWJ), I initially responded with more than a little business is conducted with an eye on implementing fundamental reluctance and surprise. I was told that the appointment of a male changes to enhance the judicial process. Here, traditional judge would serve to foster greater diversity within the organiza- approaches were often seen as more of a hindrance than a value to tion. Having been supportive of the group since its inception, and be preserved. feeling my sexual identity to be firmly intact, I ultimately agreed The conference theme was “therapeutic justice,” a theory under to serve in this unique capacity. which the law is a therapeutic agent. The concept dictates that I attended the NAWJ’s national meeting this fall in Salt Lake City courts should operate in such a way that the participants are better with my wife. Judges Mel Flanagan and Arlene D. Connors, both off when they leave the courthouse than when they came (or at least of Milwaukee County Circuit Court, attended as well. (Editor’s note: no worse off). The concept suggests, for example, that judges must Flanagan gave a presentation on the judicial role in permanency plan- focus on the underlying causes of alcohol and other drug abuse ning and the long-term effect of foster care on children; for a copy, call problems that result in people coming to court rather than just (608) 264-6256). limiting our attention to the consequences of the abuses. Drug The conference was extremely well organized and the outgrowth treatment courts are a logical outgrowth of “therapeutic justice.” of a tremendous amount of planning and volunteer labor. My over- Similarly, “therapeutic justice” supports the idea that judges all impression of both the conference and organization was very might choose to judicially “mediate”rather than “litigate”contested positive and enthusiastic. The speakers (men and women) came divorces because of the potentially more benign impact on from all over the country and had impressive credentials. Despite the litigants. continued on page 4 Judicial, Legislative and Executive Branches Strengthen Relations For Better Government by: Sheryl A. Gervasi personal level, the legislature sets the In recent years the Supreme Court, the Legislative Liaison compensation of judges, including salary, Director of State Courts office and repre- benefits and retirement. sentatives of the other two branches have ood communication among the judi- The judiciary is important to the been working to break down the unhealthy Gciary, the legislature and the executive legislative function as well. If the legislative barriers and to foster better understanding branch is critical to good government. process is considered as a continuum, among the branches. While divided into three branches, separate the judiciary is at the far end of that con- and independent from each other, all those tinuum as judges interpret and rule on Three-Branch Discussion Group who work in state government have a legislative enactments. Fosters Communication common goal: to serve the public.Yet all too Much has been written about barriers The Three-Branch Discussion Group often the legislative, executive and judicial to interbranch communication. Some (informally known as the Huelsman Gang) branches go their separate ways, missing barriers are healthy; they exist by constitu- was created after a team from Wisconsin opportunities to understand the others’ tional design and function to ensure that attended a 1995 conference on interbranch unique yet complementary roles in our the three branches remain separate, equal communication. While at the conference, scheme of government and to talk with and independent. the Wisconsin team identified a number one another. Other barriers to interbranch commu- of shared concerns that no single branch of Actions taken by one branch often affect nication are, however, unhealthy. Among government had the power to address the business of the others. The legislative those are lack of knowledge about the other alone. Team members, led by then-Justice and executive branches set the budget. The branches’ institutional roles, work methods Shirley S. Abrahamson and Sen. Joanne B. legislature creates substantive law which and problems and ingrained negative atti- Huelsman, then chair of the Senate changes the workload and business of the tudes which make it difficult for members Judiciary Committee, decided to continue courts. The quality of legislative drafting of any one branch to absorb and evaluate the dialogue after returning home. affects cases, many of which involve information about another branch with statutory interpretation. And on a more open minds. continued on page 10 2 THE THIRD BRANCH Plan to Improve Handling of CHIPS Moves Forward by: Michelle M. Jensen • many juveniles perceived that what • Wingspread Conference Court Improvement happened to them in the system Another important component of the Program Coordinator depended more on the personality of the CHIPS project was a three-day judge, social worker and district attorney conference, A Coordinated Approach to oung adults, biological parents and assigned to their case than on the Family Law Cases, that took place early Yfoster parents participating in cases offense committed; in November at the Wingspread facility in involving abused, neglected and/or • one parent, frustrated with the number of Racine. The conference brought together delinquent children (CHIPS cases) were times her delinquent child’s placements individuals representing a broad range of interviewed this summer and fall about changed, requested that her child be sent disciplines, so that all who work to assist to corrections so that he would troubled families and children could be stay in one place long enough to involved in improving the system.
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