Vol 21 No 2 HIGHLIGHTS Spring 3 New Faces 11 New Lavinia Goodell play unveiled 2013 7 Key bills awaiting action 12 Two counties tackle court security issues 9 Awards 17 State-tribal wellness court opens

Double cut to state courts’ budget remains, in part By Deborah Brescoll, Budget and Policy Officer ov. Scott Walker signed 2013 Wisconsin Act 20, the new custody for up to 365 days. The previous limit was 180 Gstate budget, into law on June 30. Of primary concern days. to the court system was the continuation into the 2013-15 l Product liability: The law was modified to narrow and biennium of a $17 million lapse requirement, including $10.3 limit the application of the risk contribution theory of million that resulted from increased state employee liability, to apply to actions or special proceedings contributions to retirement and health insurance. Since the pending on or commenced after the effective date of budget bill removed these fringe benefit savings from court the bill.

a publication of the Wisconsin Judiciary a publication of the Wisconsin budgets, the Supreme Court requested that $10.3 million of Two provisions of particular interest to the court system the lapse requirement be deleted. The Governor denied the were not included in the budget act: request, but after months of consistent communications l Bail bond agents: The Governor vetoed this efforts by the Director of State Courts Office, justices, controversial provision. The courts had actively judges, clerks of court and other court staff, the Joint Finance opposed bail bondsmen, with the Committee of Chief Committee reduced the $17 million court system lapse by Judges, the Wisconsin Clerks of Circuit Court $5.15 million, half the amount requested. The Director’s Association and the Director of State Courts Office Office is examining options for meeting the now-$11.8 submitting letters to the Governor requesting a veto. In million lapse, and will keep judges, court system partners addition, several judges – most notably Chief Judge and court staff informed about how the lapse will be Jeffrey Kremers, Milwaukee County Circuit Court – managed. served as media contacts on this issue. The Joint Other provisions affecting the courts in Act 20 include: Finance Committee had inserted the provision to l DNA collection at arrest: The Committee made a authorize licensed bail bond agents and agencies to act variety of changes to the Governor’s DNA collection- as sureties in actions brought in Dane, Kenosha, at-arrest proposal, including deleting DNA collection at Milwaukee, Racine and Waukesha counties. Under the arrest for certain alleged misdemeanors. Also, DNA provision, the program would have gone statewide in samples collected at arrest for alleged felonies cannot five years. Bail recovery agents would also have been be analyzed unless (1) the arrest was made pursuant to authorized to operate in Wisconsin. Detailed reporting a warrant, (2) the person failed to appear or waived a requirements would have been placed on clerks of preliminary examination, or (3) there was a judicial circuit court, and the Director of State Courts would finding of probable cause. The court will be required have been required in four years to submit a report to to notify law enforcement agencies of these court the Legislature summarizing the clerks’ reports. actions so DNA analysis could proceed. l Crime prevention funding boards: The Governor also l TAD funding: An additional $1 million annually is vetoed this provision, which would have created a $20 provided to the Treatment Alternatives and Diversion local crime prevention surcharge, and required every (TAD) program to provide grants to counties for county to create a Crime Prevention Funding Board to programs that provide alternatives to prosecution and distribute grants funded with surcharge revenues to incarceration, nearly doubling funding for the program. organizations and law enforcement agencies for crime l Drug court grants: Funding of $500,000 per year is prevention purposes. provided for drug court grants to counties that do not A detailed summary of Act 20 was distributed to justices currently have a drug court program. and judges, clerks of court and court staff on July 2, the l Juvenile detention: The courts are authorized to place effective date of the new budget. The bulletin is available to adjudicated delinquents at a juvenile detention facility, court system employees on Courtnet. n juvenile portion of a county jail or place of non-secure Spring election: Three incumbent judges lose seats The Third Branch longtime judge and two recent appointees of Gov. Wisconsin Supreme Court AScott Walker lost their seats on April 2, while other It’s old news by now that Justice Patience Drake appointees successfully fended off challenges. Meanwhile, Roggensack handily won her bid for re-election to the state four fortunate new candidates faced no opposition at all (see Supreme Court. She defeated Marquette University Law story on page 6). Here’s the rundown from April’s contested School Prof. Ed Fallone by a wide margin. races: Roggensack holds the distinction of being the first – and see Election on page 4 www.wicourts.gov 2

Spring Lessons from baseball are useful in budget season 2013 Director’s column: By A. John Voelker, Director of State Courts

THE THIRD BRANCH have been fortunate to watch a fair number of my sons’ system partners about the unprecedented cut. We Ibaseball games, and I like to think I know a little bit provided additional information as promised. We lived about the game. There are lessons from the game of up to our word. baseball that can keep us grounded as we work through l We didn’t yield. When pressed about the need for the life’s challenges. I recently read an article on this topic full restoration of the $10.3 million, we gave an entitled the Nine Principles of honest answer that never changed: It is all needed to Baseball and Life. The article is effectively run the branch of government. an excerpt from a book (“The l While it’s hard not to focus on outcomes, we kept our Philosophy of Baseball: How to eyes on the current pitch. As different issues were Play the Game of Life”) by identified, we developed talking points to address Raymond Angelo Belliotti, a them and provided them to legislators and the judges distinguished professor and chair who were active in communicating with committee of philosophy at the State members. University of New York at l In the end, we recognized and understood the basic Fredonia. truth that we simply could not control the process. Here is an abbreviated Despite our efforts and the fact that the Legislative Fiscal description of those lessons: Bureau confirmed that AB 40 cut the same amount twice, l No excuses - Don’t blame the Joint Committee on Finance only restored half of the A. John Voelker others for your performance. double-cut. As a result, AB 40 includes a lapse from the l Play with honor - Always court system of $11.8 million. The action of the committee hustle, run out after every ground ball and pop up, was disappointing. We are assessing possible next steps. encourage your teammates, carry yourself with pride In the meantime, let’s focus on what we did right: Over and dignity. the past couple of months, the court system benefitted from l Be relentless – Never yield. a number of individuals taking the time to express concern l Slay your own demons, then slay the dragons – about the magnitude of the cut the court system was being Ignore things outside your control. Don’t throw asked to take. I especially appreciate the time numerous equipment or whine in anger or slump your shoulders. judges and county officials took to call committee members l Take responsibility for those things under your and legislative leaders. Based on the feedback we were all control – Your effort, your attitude, your commitment, getting, it appeared that we had done a good job of and your approach to the game are under your control. communicating what the cut would do to the operation of l Play the game one pitch at a time – Focus on the courts. In fact, the morning of the committee meeting, we current pitch. understood a number of committee members would support l Focus on behavior, not outcomes – The results of the restoration of the double-cut amount. In the end, our your performance are not fully under your control. lapse issue wasn’t discussed at any length by the committee l The best players are the and the votes best learners – Players didn’t happen who are coachable are as we had always trying to learn hoped. We more about being lost the game. successful ballplayers and As tempting people. as it might be l Be a joyous warrior – Be to whine with enthusiastic, positive, give anger or 100 percent. The joyous slump my warrior exemplifies the shoulders in slogan “No Retreat & No light of the Surrender.” Win with difficult humility, lose with dignity. budget As I reflect on our collective situation, I efforts during the budget keep the nine process, I think we followed principles on many of these principles. my desk to l We didn’t blame others for remind me to the unprecedented cut, and keep a we attempted to address it positive using sound analysis. Our analysis was supported by attitude and appreciate the opportunity I have to administer the Legislative Fiscal Bureau. a branch of government that has some of the finest public l We hustled, and we played with honor. Each servants I have met. We may not win every game, but our committee member, plus other influential legislators, team is strong and committed, and we’ll continue to move was contacted by justices, judges, and other justice forward together. n By NancyRottier, LegislativeLiaison judicialelections, ethics Bills address Wambach Judge DavidJ. Legislative Council and recusal. These weredevelopedaspartofthe2010 that dealwithjudicialelections, ethics, disciplinaryactions Discipline andRecusal R the LegislativeCouncil’s websiteat materials developed bythestudycommitteeare available on Branch 3 Jefferson CountyCircuitCourt, Branch 1 Eau ClaireCountyCircuitCourt, Milwaukee Claire, Jefferson,Marathon, Governor appoints judgesinEau Directors oftheFriendsSacredHeartHospital. Eau ClairePoliceandFireCommission,ontheBoardof real estate. public utilityissues,litigation,employmentandlabor on intellectualpropertylaw, general corporatematters, School. Hercareerhasfocused graduation fromUW Law practice sinceher1991 Peterson. longtime JudgeGregory A. Court of Appeals toreplace opposition totheDistrictIII who waselectedwithout succeeds JudgeLisaK.Stark, will servebeginningJuly25.She County CircuitCourt,whereshe appointed totheEauClaire counties. vacancies inEauClaire,Jefferson, MarathonandMilwaukee Bourget alsoservedasthecommissioner fortheCityof Bourget hasworkedinprivate Atty. KristinaM.Bourget was Gov. Scott Walker appointedfourjudgesthisspringtofill NEW FACES (D-Racine) introducedapackage ofbillsthissession ep. GaryHebl(D-SunPrairie)and Sen.JohnLehman Special CommitteeonJudicial . The testimonyreceivedand attorney forJefferson and Wood County, andasanassistantdistrict district attorneyforJefferson 2008. Hepreviouslyservedas Criminal LitigationUnitsince assistant attorneygeneralforthe 2013 ( Erwin, whoretiredlastJanuary succeed JudgeJacquelineR. Jefferson CountyCircuitCourtto Wambach wasappointedtothe see Wambach hasservedas Assistant Atty. GeneralDavidJ. The Third Branch The Third ). Bourget Judge KristinaM. winter McAdams Judge ThomasJ. Committee hasnot yettakenapositiononanyof these is consideredunlikely. The JudicialConference’s Legislative in theminorityparty, immediatepassageofthesemeasures constitutional amendments.Because HeblandLehmanare dex.html www.legis.wisconsin.gov/lc/committees/study/2010/JUDI/in School. private practice.McAdamsisagraduateoftheUW Law Milwaukee County. Healsoworkedforabrieftimein this, hespent20yearsasanassistantdistrictattorneyin University LawSchool. UW-La CrosseandhislawdegreefromMarquette ‘Prosecutor ofthe Year,’ receivedhisbachelor’s degreefrom counties. University ofMinnesotaLawSchool. commissioner for Vernon County. Heisagraduate ofthe County andfamilycourt district attorneyfor Vernon district attorneyinDunnCounty, previously servedasassistant attorney forMarathonCounty. He has workedasassistantdistrict Branch last February( Judge Vincent K.Howardretired will fillthevacancycreatedwhen District Atty. LaMontJacobson Branch 3 Marathon CountyCircuitCourt, Branch 7 Milwaukee CountyCircuitCourt, The legislatorsintroducedsixbills andtwoproposed Wambach, whohasbeenrecognizedthreetimesas Since January1989,Jacobson In MarathonCounty, Assistant In MilwaukeeCounty, Tax Appeals Commissioner fall 2012 n see ). The Third Gov. JimDoylein2008.Priorto Tax Appeals Commissionbythen- post. subsequent bidforelectiontothe Phillips. Phillipslosthis in 2011, butlostouttoNelson Milwaukee CountyCircuitCourt finalist foranotheropeningonthe story, page15 years onthebench( retired effective May17after16 Judge Jean W. DiMotto,who selected inlateMarchtosucceed Thomas J.McAdamswas McAdams wasappointedtothe Judge LaMontJacobson see ). McAdamswasa BIlls see separate on page 25

THE THIRD BRANCH 2013 Spring 3 4

Spring Election continued from front page 2013 still the only – state Court of 2012 to the Lincoln County Circuit Court, lost his bid for Appeals judge ever to serve on election to the post in April. The

THE THIRD BRANCH Wisconsin’s highest court. She son of former Judge Norman L. first joined the court in 2003, Yackel, he was practicing law in when she won a race against Wausau when he was appointed – Judge Edward R. Brunner for the and his “outsider” status in seat vacated by Justice William Lincoln County became an issue A. Bablitch. in the campaign. The winner was Lincoln Dane County: County Family Court Commissioner Robert R. Russell, Challenger beats a Merrill native who has Justice Patience Drake St. John practiced law for 20 years and Roggensack Atty. Rhonda L. Lanford, a currently owns the Russell Law personal injury lawyer at Habush, Office, which his father founded Atty. Robert R. Russell Habush & Rottier, is Dane 50 years ago. County’s newest judge-elect. Supporting Russell was Judge Lanford beat Judge Rebecca Glenn H. Hartley, whose Rapp St. John who was appointed retirement created the vacancy in August 2012 to succeed Judge (see The Third Branch, spring Sarah B. O’Brien. 2012). Lanford teaches Negotiations Russell is active in his and Trial Advocacy at UW Law community, where he currently School, and is co-author of serves on the Board of Directors Wisconsin Civil Procedure Before of the Good Samaritan Health Trial, published by the State Bar Center Foundation. He is also a of Wisconsin. She is a mock trial member of the Merrill Rotary coach, and has been an active Club and has assisted the Merrill member of the Wisconsin Historical Society with their new Atty. Rhonda L. Lanford Judge John M. Yackel Academyof Trial Lawyers and building expansion. the James E. Doyle Jr. Inns of Court. A graduate of UW-Madison and Lanford received her law degree from the UW Law Northern Illinois University School of Law, Russell is a School, where she was editor-in-chief of the Wisconsin Law widower and lives with his two children in a home built by Review. his great-grandfather.

Sciascia will succeed Rohrer will replace Willis in Bissonnette in Dodge Manitowoc Dodge County Family Court Manitowoc County District Atty. Mark R. Rohrer won the Commissioner Joseph G. Sciascia, race to succeed Judge Patrick L. Willis in Manitowoc who handily won a three-way County Circuit Court by 24 votes out of more than 16,000 primary, emerged victorious in cast. Opposing Rohrer was Manitowoc Municipal Judge the April election to succeed Steven R. Olson, whose signature on a petition to recall Judge Andrew P. Bissonnette. Gov. Scott Walker became an issue in the campaign. Bissonnette is planning to retire at Olson and Rohrer emerged from a four-way primary. the end of his term in July (see Rohrer has been Manitowoc County’s district attorney for The Third Branch, winter 2013). 10 years. Prior to this, he worked in private practice for 11 Sciascia faced Watertown Atty. years at Olson, Winter & Fox, a law firm in Two Rivers. He Joseph F. Fischer. Third place in the primary was Beaver began his career as a law clerk at the State of Michigan Tax Dam Atty. Dawn N. Klockow. Tribunal. A family court commissioner A graduate of UW-Madison, Rohrer earned his law degree Atty. Joseph G. Sciascia for nearly 30 years, Sciascia also from Thomas H. Cooley Law School in Lansing, Mich. has served as Juneau city attorney and runs his own law firm in Juneau. Morrison wins full term in Marinette He is a mock trial coach, a former youth hockey coach Judge James A. Morrison, appointed by Gov. Scott Walker and a longtime DNR hunter safety instructor. in March 2012 to succeed Judge Tim Duket in Marinette County, won election to a full six-year term in April. Russell unseats Yackel in Lincoln Morrison beat his challenger, District Atty. Allen Brey, by Judge John M. Yackel, appointed by Gov. Scott Walker in see Elections on page 5 Election blended familyincludesfourchildren. University LawSchool,BultismarriedtoLindaBult. Their support directorandofmediationservices. corporation counsel,familycourtcommissioner, child winning about55percentof from thethree-wayprimary, prosecutor. Protasiewicz, anassistant Atty. JanetClaire fended off achallengefrom retained herseatin April, she Branch The Third Donegan, whoretired( succeed Judge Thomas P. Walker inNovember2012to appointed byGov. Scott Bradley retains seatinMilwaukee Bult isnewjudgeinMarquette Wisconsin. They havethreeadultchildren. He andhiswife, Atty. BarbaraMorrison,nowlivein shortly beforehisappointmenttothebench. following herretirement They movedtoPeshtigo by hiswife’s employment. border inMichiganasrequired bar, hehadlivedacrossthe Wisconsin courtsystemand participated activelyinthe more than30years,and his lawoffice inMarinettefor practiced lawandmaintained appointed. Although hehad from themomenthewas cast. about 1,000votesoutof7,000 A graduateoftheUW-Stevens PointandMarquette Bradley emerged strong Judge RebeccaG. Bradley, The newjudgeinMarquetteCounty–aone-judgecounty Morrison isaformerchairoftheBoardBarExaminers. Morrison facedachallenge Atty. Bernard“Ben”Bult continued frompage 4 , fall2012 see ), courthouse, havingservedas was betterknownatthe years oflawpractice,butBult Marquette Countywithmany were longtimeresidentsof page 16 retirement ( for 18yearspriortohis Richard O. Wright, whoserved cast. BultsucceedsJudge 100 votesoutofabout3,100 beat Donna Wissbaum byabout – isBernard“Ben”Bult,who Both Bultand Wissbaum Bradley Judge RebeccaG. Morrison Judge James A. ). see separatestory, by magazine in2012andshewasnamedaRisingStar attorney Lawyers inBusinessLaw, InternetLawandLitigationby the years.ShewasnamedoneofMilwaukee’s Leading and transactions. information technologyandintellectualpropertylitigation Hirschboeck DudekS.C.,wheresheworkedincommercial, recently anattorneyintheMilwaukeeoffice of Whyte finisher was Atty. GilUrferofBrookfield. the votetoProtasiewicz’s 33percent. The third-place 2010 recipientofthe Wolfgram losestochallengerVoiland Attorney ofthe Year in2010. University LawSchool, Voiland washisfirm’s litigation. HeisalsoaU.S.Navyveteran. Voiland focuseshislawpracticeonfinancialservices District Courtof Appeals), now servesontheSeventh Justice DianeS.Sykes(Sykes Wisconsin SupremeCourt margin. Voiland byasubstantial however, votersbacked courtroom. Intheend, how headministeredhis comment andhadnoeffect on petition wasnotapolitical his decisiontosigntherecall throughout thecampaignthat petition.” when hesignedtherecall Wolfgram crossedthatline quoted assaying.“Judge government,” Voilandwas judicial branchesof the legislative,executiveand separation ofpowersbetween petition. signing the Walker recall concerns about Wolfgram’s against Wolfgram becauseof accounts asdecidingtorun Reinhart Boerner Van Deuren. Joseph W. Voiland, apartnerintheMilwaukeelawfirmof his bidforre-electionin April. Defeatinghimwas Atty. before facedachallengeinhis19-yearjudicialcareer, lost the Law’ award. Her workhasbeenrecognizedwithnumerousawardsover A 1996UW LawSchoolgraduate,Bradleywasmost A graduateofNorthwesternUniversityandMarquette A formerlawclerkto Wolfgram maintained “I firmlybelieveinthe Voiland wasquotedinmedia Longtime Judge Thomas R. Wolfgram, whohadnever Milwaukee Magazine Wisconsin LawJournal in 2008and2010.Bradleywasa n Atty. JosephW. Voiland Wolfgram Judge ThomasR. ’s ‘Women in Pro Bono M

THE THIRD BRANCH 2013 Spring 5 6

Spring 2013 Four new judges elected without opposition he spring election was particularly kind to four new February 2012 (see The Third THE THIRD BRANCH Tcandidates who faced no opposition, including a Branch, winter 2012). Milwaukee attorney, two relatively recent appointees and a A graduate of Marquette judge seeking to move from the circuit court to the Court of University and the UW Law Appeals. School, Hock had been an assistant U.S. attorney for six years when she was appointed to Court of Appeals the bench. Prior to joining the Judge Mark D. Gundrum, who U.S. Attorney’s Office, she was appointed to the District II practiced law for 15 years – Court of Appeals in 2011, won including service as an assistant election to a full term on the district attorney in Brown court. Gundrum is a U.S. Army County. Judge Tammy Jo Hock veteran who served in Iraq and a Hock is active in her former member of the Wisconsin community, serving as a Girl Scout leader and as a State Assembly. He also was volunteer at Holy Family School. elected to the Waukesha County In Milwaukee County, Atty. David C. Swanson was Circuit Court in 2010, and Judge Mark D. Gundrum elected to succeed Judge Dominic S. Amato in Branch 11. served there until his Amato is retiring when his current term ends in July (see appointment to the Court of Appeals. separate story, page 15). On the District III Court of Appeals, Judge Lisa K. Swanson began his career as an intelligence officer in the Stark was elected to replace U.S. Navy. He spent three years aboard an aircraft carrier Judge Gregory A. Peterson, who and served in the Persian Gulf during Operation Desert retired at the end of 2012 after Shield/Storm. serving nearly 30 years on the Upon his honorable discharge from the Navy, Swanson bench (see The Third Branch, fall completed law school at the University of Michigan and 2012). began practicing at Godfrey & Kahn in Milwaukee. He also Stark has been a leader in the worked at Quarles and Brady judiciary since her election to the and at Whyte Hirschboeck Eau Claire County Circuit Court Dudek. His practice has focused in 2000. She is dean of the on tax, tax-exempt organizations Wisconsin Judicial College, and government finance. In presiding judge in the Eau Claire 2005, Gov. Jim Doyle appointed County Drug Court, a member of Judge Lisa K. Stark Swanson to be a member of the the PPAC Subcommittee on Tax Appeals Commission. Effective Justice Strategies, and more. A Fox Valley native, Swanson is married to Tonit Calaway, a Circuit Court senior executive at Harley- In Brown County, Judge Tammy Jo Hock, who was Davidson. They have two appointed by Gov. Scott Walker in April 2012, won election children and live in the City of Atty. David C. Swanson to the Branch 3 post one year later. Milwaukee. n Hock succeeded Judge Sue Bischel, who retired in

OBITUARIES Judge Kennedy passes Even in his later years, Judge Kennedy Sr. looked like the All-American football player he had been at UW- away in Crandon Madison in the 1950s. He played in the 1953 Rose Bowl Forest/Florence County Circuit Court and was a teammate of Al Ameche. Kennedy maintained Judge Robert A. P. Kennedy, who a lifelong interest in athletics. In retirement, he’d retired from the bench in 2002 after 13 planned to coach football and to spend time on his years of traveling between two woodworking. counties to hear cases, passed away on Surviving Kennedy are his wife, Genevieve; his April 30 in Crandon. He was 81. daughter, Elizabeth Geurts; sons Robert (Kathy) When Kennedy stepped down in Kennedy and Russell (Tracie) Kennedy, eight 2002, his son, Robert A. Kennedy Jr., grandchildren, two great-grandchildren, a sister and other was elected to succeed him. The family and friends. The funeral was held May 11. n younger Kennedy served until 2008. Judge Robert A. P. Kennedy By NancyRottier, LegislativeLiaison billsawaitNumerous actionby Legislature complete summaryofbillsinterest,visitCourtNet. bills maynotbecurrent. To checkstatusandtoaccessa deadlines for The Third Branch,thestatusofeachthese few ofthebillswearefollowing.Givenpublication affect theworkofcourts.Hereisabriefsummary summer recess,theywillconsidernumerousbillsthat that willchange. When legislatorsre-convenefollowing W Criminal Law same child: assault ofachild,orrepeatedactssexualthe when apersonischarged withfirst-orsecond-degreesexual judge toimposethefollowingconditionsofreleaseonbail, from thatareatodevelopthisproposal.Itwouldrequirea companion bills) introduced ineachhouse–usuallyreferred toas sexual assaultofachild(Theseare identicalbills pre-trial release for individualschargedwithfelony Committee onCriminalJustice April 15. Rep. Andre Jacque(R-DePere) or profanecommunication. computer messagesthatinviteharassmentorobscene,lewd communication invite harassmentor obscene,lewd, or profane Affairs. on Transportation, PublicSafety, and Veterans andMilitary vote May16.IthasbeenreferredtotheSenateCommittee special committee. Rebecca F. Dallet,MilwaukeeCounty, weremembersofthe court JudgesMichaelO.Bohren, Waukesha County, and Release andDischarge ofSexually Violent Persons.Circuit Legislative Council’s SpecialCommitteeonSupervised persons. Itwasdevelopedinlate2012bytheJoint and discharge ofindividualscommittedassexuallyviolent sexually violentpersons and Sen.Glenn Grothman (R-West Bend) A high-profilecaseinRacineCountypromptedlegislators Assembly Bill190andSenate221-conditionsof Current status: AB 156wasreferredtothe Assembly Primary sponsors:Sen.RobertCowles(R-GreenBay)and Position ofLegislativeCommittee:Noposition This billcreatesnewmisdemeanorsforpostingcertain Assembly Bill156-computer messages/postings that Current status: The Assembly passed AB 28onavoice Primary sponsors:JointLegislativeCouncil Position ofLegislativeCommittee:Noposition This billproposeschangestotheconditionsforrelease Assembly Bill28–supervisedrelease anddischargeof Current status: AB 190wasamendedandunanimously Primary sponsors: Rep. Thomas Weatherston (R-Racine) Position ofLegislativeCommittee: Noposition. l l l To not residewithin250feetoftheallegedchild To avoidcontacting,attemptingtocontact, orcausing To avoidtheallegedchildvictim’s residence, alleged childvictim’s residence. and tonotresideonapropertythat isadjacenttothe victim’s residence,oragreaterdistanceifsoordered, another persontocontactthealleged childvictim. temporary residence,schoolorplaceofemployment. this springwasthebudgetbill.ButcomeSeptember, ith afewnotableexceptions,theLegislature’s focus case. or (3)afinalandunappealableorder disposesoftheentire and simultaneouslyordersthatthe automaticstaybelifted Supreme Courtdeniesthepetition forinterlocutoryreview automatic staybelifted;(2)the Court of Appeals or interlocutory reviewandsubsequently ordersthatthe Appeals orSupremeCourtgrantsthepetitionfor stayed untiloneofthefollowingoccurs:(1)Court filed within10daysoftheentryorder, theorderis state statute(order).Ifapetitionforinterlocutoryreviewis upon entry, suspendsorrestrainstheenforcementofany court anyinjunction,restrainingorderorotherthat, These billsmakeimmediatelyappealabletoanappellate judge's orderforinjunctionoratemporaryrestrainingorder. interlocutory review." They includeanautomaticstayofa statute suspending or restraining enforcement or executionof referred totheSenateCommitteeonJudiciaryandLabor. the Assembly, byavoteof65-31,onMay8.Ithasbeen hearing on April 11. AB 139wasamendedandpassedby Committee onJudiciaryandLabor, whichheldapublic and Rep.JimOtt(R-Mequon) County. medical malpracticecasethatoriginatedinFondduLac Court’s 4-3decisioninJandrev. PhysiciansIns.Co.,a appear tobepartiallyinresponsethe Wisconsin Supreme all alternate,viablemedicalmodesoftreatment. The bills reasonable alternatemedicalmodesoftreatment,ratherthan the circumstances. The billrequires thedisclosureof similar medicalspecialtywouldknowanddiscloseunder information thatareasonablephysicianinthesameor reasonable physicianstandardrequiresdisclosureonlyof reasonable physicianstandard. The billsprovidethatthe standard, replacingthereasonablepatientstandardwitha physicians toinformpatientsoftreatment options which heldapublichearingon April 11. was referredtothe Assembly CommitteeonJudiciary, Committee onJudiciaryandLaborFebruary13. AB 29 Rep. Andre Jacque(R-DePere) but askedthatinitialapplicabilitydatebechanged. the admissionofevidencecollateralsourcepayments. rule Civil Law Criminal JusticeonMay23. recommended forpassagebythe Assembly Committeeon Position ofLegislative Committee:Concernsexpressed These billsestablishaprocedureforfiling"petition Senate Bill154and Assembly Bill161-injunctions Current status:SB137wasreferredtotheSenate Primary sponsors:Sen.GlennGrothman(R-West Bend) Position ofLegislativeCommittee:Noposition These billswouldchangethecurrentinformedconsent Senate Bill137and Assembly Bill139-dutyof Current status:SB22wasreferredtotheSenate Primary sponsors:Sen.PaulFarrow(R-Pewaukee)and Position ofLegislativeCommittee:Nopositiononbill These billswouldchangetherulesofevidencetoallow Senate Bill22and Assembly Bill29–collateralsource see Legislature on page 8

THE THIRD BRANCH 2013 Spring 7 8

Spring Legislature continued from page 7 2013 about separation of powers issues. 2011 AB 134, which resulted from a 2010 Legislative Primary sponsors: Sen. Glenn Grothman (R-West Bend) Council study committee.

THE THIRD BRANCH and Rep. David Craig (R-Big Bend) Position of Legislative Committee: Support Current status: SB 154 was referred to the Senate Primary sponsors: Sen. Glenn Grothman (R-West Bend) Committee on Judiciary and Labor, which held a public and Rep. Steve Kestell (R-Elkhart Lake) hearing on May 2. AB 161 passed the State Assembly on Current status: SB 68 was passed by the Senate on a June 6 by a vote of 57-39; it now has been referred to the voice vote on May 7. It has been referred to the Assembly Senate Committee on Judiciary and Labor. Committee on Family Law. Senate Bill 161 Assembly Bill 176 - TROs/injunctions for domestic abuse, child abuse, individuals at risk and Juvenile Law harassment, confidential name change, and ex parte Assembly Bill 150 – post-termination of parental rights orders with judge substitution contact between a child and birth relative of child These bills would create several provisions relating to This bill was prepared for the Joint Legislative Council's temporary restraining orders (TROs) and injunctions. They Special Committee on Permanency for Young Children in add stalking, or a threat to stalk, to the actions that the Child Welfare System. It primarily addresses issues constitute domestic abuse, and require confidentiality of the related to private adoptions, including posttermination victim’s address. The victim or victim’s parent, stepparent contact agreements, terms of the agreement, approval of the or guardian will not have to pay the compensation of the agreement, enforcement of the agreement and modification guardian ad litem. This bill also specifies that, if a person of the agreement. It also includes several provisions relating seeks a new hearing, the determination or order made in the to home studies. original hearing remains in effect until the final Position of Legislative Committee: No position determination or order. Primary sponsors: Joint Legislative Council Position of Legislative Committee: No position Current status: AB 150 was referred to the Assembly Primary sponsors: Sen. Jerry Petrowski (R-Marathon) and Committee on Family Law on April 15. Rep. Andre Jacque (R-De Pere) Assembly Bill 151 - right of parent to have counsel in Current status: SB 161 was referred to the Senate CHIPS proceedings and elimination of jury trials in Committee on Transportation, Public Safety, and Veterans TPR cases and Military Affairs on April 25. AB 176 was passed by the This bill would give parents a right to counsel in CHIPS Assembly on a voice vote on June 13; it has been referred proceedings, and allow a State Public Defender to be to the Senate Committee on Transportation, Public Safety, appointed to represent the parents. It would also eliminate and Veterans and Military Affairs. the right to a jury trial in TPR cases. Senate Bill 179 and Assembly Bill 183 - various Position of Legislative Committee: No position landlord-tenant changes Primary sponsors: Joint Legislative Council These bills contain numerous changes to landlord-tenant Current status: AB 151 was referred to the Assembly laws and preempt local ordinances that differ from federal Committee on Family Law on April 15. or state law. The bills would change several aspects of Assembly Bill 152 - CHIPS jurisdiction and grounds eviction proceedings to speed up the process. The bills for involuntary TPR would allow service of an eviction summons and complaint This bill makes several proposals relating to grounds for by mail, shorten the return date and the time allowed for a TPR, and also affects the 15-month standard for out-of- hearing. home placements that may serve as grounds for a TPR Position of Legislative Committee: Concerns to be action. expressed about the impact on court schedules of the Position of Legislative Committee: No position shortened time periods for eviction actions. Primary sponsors: Joint Legislative Council Primary sponsors: Sen. Frank Lasee (R-Green Bay) and Current status: AB 152 was referred to the Assembly Rep. Duey Stroebel (R-Saukville) Committee on Family Law on April 15 Current status: SB 179 was referred to the Senate Committee on Insurance and Housing, which held a public hearing on June 5. AB 183 was amended and passed by the Probate Assembly on June 6, by a vote of 57-37. It has now been Senate Bill 126 - admission of minors for inpatient referred to the Senate Committee on Insurance and Housing. treatment This bill was prepared by the Joint Legislative Council's Special Committee on Review of Emergency Detention and Family Law Admission of Minors under Chapter 51, and eliminates and Senate Bill 68 – termination of maintenance upon the amends several current requirements that appear in Wis. payee’s or payer’s death and notices relating to Stat. § 51.13. maintenance Position of Legislative Committee: No position This bill would provide additional circumstances under Primary sponsors: Joint Legislative Council which a court could terminate or change maintenance in a Current status: SB 126 was referred to the Senate family law action. It provides that, unless already Committee on Health and Human Services on April 3. terminated for another reason, such as the payee's Senate Bill 127 - emergency detention, involuntary remarriage or the expiration of a limited time under an commitment, and privileged communications order, maintenance terminates upon the death of the payee or the payer, whichever occurs first. This bill is identical to see Legislature on page 25 9

AWARDS Spring 2013 Crooks recognized 26 women who have

been named Women THE THIRD BRANCH for 50-year milestone in the Law for 2013. Justice N. Patrick Crooks Included on that list celebrated 50 years in the practice are Waukesha of law alongside others who were County Circuit first admitted to the State Bar in Court Judge Jennifer 1963 at a May 15 luncheon in Dorow, Milwaukee Delafield. County Family Chief Justice Shirley S. Court Commissioner Abrahamson was keynote speaker Sandra Grady and at the event, and recognized a Douglas County number of 50-year members who Circuit Court were personally present. All told, Commissioner there are more than 100 Photo credit: State Bar of Wisconsin; Photo credit: State photographer: Andy Manis Rebecca Lovejoy Wisconsin-licensed lawyers who (see story below). were admitted to the practice 50 Justice N. Patrick Crooks reacts to Chief Justice Shirley S. DiMotto is unique Abrahamson’s pointing out at the State Bar’s celebration of 50-year years ago. among Wisconsin members that her tenure on the bench beats his by one year (Crooks The Chief Justice noted that judges because she 1963 was an important and began his service on the Brown County Circuit Court in 1977; Abrahamson joined the Supreme Court in 1976). Her advice, which is also a registered difficult year in the nation’s left the audience in stitches: “Get over it.” nurse. Her history. She recounted the Rev. background in Martin Luther King Jr.’s “I Have a Dream” speech, and psychiatric nursing gave her a special ability to handle cases acknowledged that access to justice remains an issue here in involving people with mental illness. Wisconsin and across the country. She called upon the In her 16-year tenure on the bench, DiMotto became lawyers in the audience to continue to provide pro bono known for her warmth and her ability to connect with the services and to make their voices heard by calling their lawyers and litigants who appeared before her. She said she legislators to talk about funding for civil legal services for enjoyed the challenge of analyzing interesting legal issues, low-income people. found ways to use humor in her work, and looked for the On a lighter note, Abrahamson noted that 1963 marked spiritual aspects of judging. two other milestones: the appearance of the first diet cola DiMotto decided this spring to (Tab), and her pregnancy with her son, Daniel. retire from the bench to give The Chief spoke of Crooks’ 19-year career as a Brown herself time to fully recover County Circuit Court judge, during which he was honored as from a recent surgery. Judge of the Year, prior to his 1996 election to the Wisconsin A number of Wisconsin state Supreme Court. court judges have been honored The State Bar publication Inside Track asked Crooks to by the Wisconsin Law Journal reflect on the 50-year milestone. He spoke about what led over the years. In the last five him to the law, including his memories of his father, who, as years, honorees have included one of 12 children, did not have the opportunity to realize Charles P. Dykman, Wisconsin his own dream of becoming a lawyer. Court of Appeals; Rebecca G. Crooks did what his father was never able to do, and now Bradley and Rebecca F. Dallet, five of his six children also have become lawyers. “I think it Milwaukee County; Lisa K. Judge Jean W. DiMotto was sibling rivalry, to be honest with you,” he told Inside Stark, Eau Claire County (now Track. Court of Appeals); Karen L. Seifert, Winnebago County, and Crooks worked in private practice in Green Bay prior to Sue E. Bischel, Brown County (now a reserve judge). running for the circuit court. His interest in improving the juvenile justice system, and his belief that he could have a more profound impact as a judge, led him to seek Dorow, Grady, Lovejoy are ‘Women in appointment to the bench in Brown County in 1977. the Law’ winners The Wisconsin Law Journal honored a circuit court judge DiMotto honored with Lifetime and two court commissioners with its Women in the Law award on June 25 at the Pfister Hotel in Milwaukee. Achievement Award Judge Jennifer R. Dorow, who was appointed to the bench On the eve of her retirement from the Milwaukee County in Waukesha County in 2011 and elected in 2012, was Circuit Court (see separate story, page 15), Judge Jean W. honored along with Milwaukee County Family Court DiMotto was honored with the Wisconsin Law Journal’s Commissioner Sandra K. Grady and Douglas County Circuit prestigious Lifetime Achievement Award. The award was presented June 25 at the Pfister Hotel in see Awards on page 10 downtown Milwaukee. DiMotto will be honored alongside 10

Spring AWARDS continued from page 9 2013 Court Commissioner Rebecca management of court records. Lovejoy. ABOTA was established in 1957 for the primary purpose THE THIRD BRANCH The state court honorees are of preserving the civil jury trial. The organization has among a diverse group of 26 presented this award to a Wisconsin judge for the past 19 women selected for the 2013 years. The recipient serves as the judge in a mock trial award. They include UW Law during the trial seminar ABOTA sponsors annually. Recent School Dean Margaret Raymond, years’ winners include circuit court Judges James Evenson, along with lawyers who serve as Sauk County, Scott R. Needham, St. Croix County, Francis in-house counsel and who work T. Wasielewski, Milwaukee County and Philip M. Kirk, at the U.S. Attorney’s Office, the Waupaca County. state Department of Justice and a number of large and small law Milwaukee Drug Treatment Court wins firms. Judge Jennifer R. Dorow UWM award Kieffer named ABOTA Judge of the Year The Milwaukee County Drug Treatment Court Team was The Wisconsin Chapter of the American Board of Trial recognized with the 2013 Agency Research Collaboration Advocates (ABOTA) has chosen Waukesha County Circuit Award for its work with the UW-Milwaukee School of Court Judge James R. Kieffer as its Judge of the Year. Social Welfare’s Criminal Justice Department. The Wisconsin chapter presents the award each year to a The awards ceremony took place on May 3 at the UWM member of the Wisconsin judiciary “whose thorough Student Union, with Judge Glenn H. Yamahiro accepting the preparation, breadth of honor on behalf of the drug court team. The award knowledge of the law, decisive recognizes donors, faculty, staff, students, alumni and rulings and courtesy to litigants, external partners like the drug court team for their jurors and members of the bar achievements. have consistently advanced the UWM began working with the drug court three years ago, interest of justice and the dignity when court leaders approached the school to evaluate court of the judicial process,” processes and outcomes. Leading the evaluation team was according to the nominating Prof. Michael Fendrich, director of the Center for Addiction committee. and Behavioral Health Research (CABHR) and a professor Milwaukee Atty. Donald of social work in the Helen Bader School of Social Welfare. Prachthauser, who nominated Other CABHR researchers, including Tom LeBel and Kieffer for the award, wrote: William Pelfry, conducted a process and an outcome evaluation of the MCDTC program during the period of Judge James R. Kieffer “Judge Kieffer has had a long and distinguished career and is an October 2009 to October 2012. The evaluation provided outstanding jurist. He is highly intelligent. He is always valuable information, and led to a second three-year well prepared to make both the routine and the challenging evaluation. decisions judges are called upon to make. His temperament The Milwaukee County Drug Treatment Court opened its is exemplary and not to be doors in 2009. The court overlooked is the fact that offers treatment to non- he is a very good person violent adult offenders who is a wonderful with drug problems in representative of the legal exchange for entering a profession.” guilty plea. The goal is to Kieffer is Waukesha prevent crime and reduce County’s senior judge, and recidivism. one of the longer-serving The drug court team judges in the state. He was includes representatives of first elected to the bench in the Milwaukee County Waukesha County in 1985, Circuit Court, the county’s after having been an Behavioral Health assistant district attorney for Division, the district seven years and working in attorney and public private practice for two. As defender, the drug court On behalf of the Milwaukee Drug Court Team, Judge Glenn H. chair of the Records coordinator, case Yamahiro accepts an award from Stan Stojkovic, dean of the Helen Management Committee, managers and other staff Bader School of Social Welfare at UWM. Photo credit: Peter from Justice Point, and Kieffer plays an active role Jakobowski, UWM Photo Services in reviewing new and staff from the Milwaukee existing court forms to ensure they are still legally Police Department, the VA Medical Center and Dryhootch sufficient, and in overseeing the development of new forms of America. and establishing standards and guidelines for effective see Awards on page 24 Chief celebrates milestone celebrates Chief Chief’s milestonewas Wausau’s two weekslater, onOct.19,1976 foreclosure. Herfirstdissentwasissuedjust opinion dealtwithajudgmentfor Oct. 5,1976,lessthanamonthlater. The 1976, andherfirstopinionwasreleasedon volumes ofthe 405 dissents.Heropinionsspan271 296 concurrences,46concur/dissents,and written anestimated499majorityopinions, had stoodsince1892. Orsamus Coleandbreakingarecordthat month-and-four-day mark,passing Justice in mid-Aprilwhenshehitthe36year-seven the historyof Wisconsin SupremeCourt unveiled inMadison LaviniaNew playabout Goodell C intellect.” oppose herdon’t question[her]toughness, workethicor that drewchucklesfrominsiders,whonoteeventhose lawmakers would‘grandmother’ heriniftheydecidedtodo wrote: “Abrahamson’s deftresponsethatshehoped retirement ageforjudges. The newspaper thoughts onreinstatingamandatory hearings withalegislatorwhoaskedforher during theJointFinanceCommitteebudget which recountedanexchangetheChiefhad rest ofthestory:nuclearpowerplantwasneverbuilt, audience memberfamiliarwiththecasesharedher what thelawrequiresevenwhenit’s heartbreaking–andan community grouptoillustratethe‘judge’s dilemma’ –doing recalled. Then onedayshewastelling thestorytoa the landtobesoldandfelt“justawful”aboutit,she power plant.Shevotedwithaunanimouscourtrequiring who didnotwanttosellhislandmakewayforanuclear recounted adifficult voteinacase thatinvolvedafarmer often don’t knowtheconsequences oftheirdecisions,and the Chiefabouthertenure.Shetalkedhowjudges A of the Wisconsin Supreme Court,EdwardRyan, for lawyer. Shefought apublicbattleagainsttheChief Justice story ofLavinia Goodell, Wisconsin’s firstwoman Wisconsin SupremeCourt,RolandDay. the daughterofaformerChiefJustice ofthe American Players Theatre actressSarahDay, whois following thereading. comments andcritiquesatatalk-backsession crowd of75,manywhomoffered thoughtful Capitol. The after-hours eventattractedanoverflow 12 intheSupremeCourtHearingRoomatState Among themanymediaoutletsnoting Abrahamson wassworninonSept.6, Since joiningtheCourt, Abrahamson has The JournalSentinel The play, entitledsimplyLAVINIA, tellsthelife Taking thepartofLaviniaGoodellwascelebrated became thelongest-servingjusticein hief JusticeShirleyS. Abrahamson its firstandonlyMadisonreadingonFriday, April new playby Wisconsin playwrightBetty Diamondhad Wisconsin Reports ran awide-ranginginterviewwith City Pages . , Justice RolandB.Day. celebrated actressSarahDay(inphoto,farright),daughterofthelateChief Taking thepart ofGoodell–andjoiningBradleyintoastingtheChiefwas who attendedthereadingwereinvitedtostay afterward forcakeandjuice. LAVINIA aboutthelifeofWisconsin’s firstwomanlawyer, LaviniaGoodell.Those Supreme Court.Thecelebrationfollowedapublicreadingofnewplayentitled Bradley offersatoasttohonorherrecord-settingserviceontheWisconsin Chief JusticeShirleyS. Abrahamson (center)listensasJustice Ann Walsh Lavinia Goodell public safetyandsavetaxpayerdollars. for thegrowthofevidence-basedpracticesthatcanimprove her leadership, Wisconsin hasbecomeanationallaboratory new approachestocomplexcriminaljusticeissues.Under more intheworks. least 57problem-solvingcourtprogramsin38countiesand themselves onthewrongsideoflaw. Today thereareat diverse needspresentedbycombatveteranswhofind target drunkdrivingandstillothers trytoaddressthemany cases. Someofthecourtsfocusondrugtreatment,others that bringtogetherteams,ledbythejudge,toworkon — ofourdecisions,” Abrahamson said. got hislandbackandmadeaniceprofit. the priceoflanddroppedprecipitously, andthefarmer Abrahamson hasencouragedjudgesacrossthestatetotry The Chiefalsodiscussedtheadventoftreatmentcourts “We neverknowtheconsequences—reallythem admission tothebar. Performing Arts Center inMarch,justa underwrote developmentofthescriptand The Wisconsin HumanitiesCouncil two publicreadings. WHC Executive volunteered theirtimeforthereading. Director Dena Wortzel participatedin playwright andtheeightactorswho The playwasalsoreadattheJanesville the Madisonevent,andhadan Justice Ann Walsh Bradley, the opportunity todiscussthescript with Chief JusticeShirley Abrahamson, see n Lavinia on page 15

THE THIRD BRANCH 2013 Spring 11 12

Spring 2013 First District engages in ‘active shooter’ training By Beth Bishop Perrigo, Deputy District Court Administrator

THE THIRD BRANCH n April 12, security leaders in Milwaukee County determinations about additional support such as texting to Ogathered to perform an active shooter tabletop exercise. those in the system which might be needed.” Thirty-nine representatives from the courts, Sheriff’s The After Action Report/Improvement Plan has been Department, District reviewed by a committee that includes Attorney’s office, Carl Stenbol, Milwaukee County Milwaukee County Emergency Management, Beth Bishop Emergency Perrigo, deputy district court Management, administrator, David Budde, Milwaukee County investigator, District Attorney’s Office, Risk Management, John Zapel, County Executive’s Office, County Executive’s Lieutenant Paul Thompson and Office, Milwaukee Lieutenant Tricia Carlson, Milwaukee Police Department County Sheriff’s Department and and Milwaukee Cindy Van Pelt, Milwaukee County County Facility Risk Management. This group will Management were led develop the top recommendations and through an report to the Security and Facilities unannounced Chief Judge Jeffrey Kremers, left, and Clerk of Circuit Court Committee for final action. n scenario which had John Barrett, center, react to the security scenario been devised by a developed as part of an ‘active shooter’ exercise in the Milwaukee County Courthouse. core group from the Security and Facilities Committee. Lenora Borchardt from EPTEC, Inc., an emergency management consulting firm, led the exercise. The scenario involved a report of a shooting at a security station in the Milwaukee County Safety Building with a report of an armed gunman running through hallways to the courthouse. The primary purpose of the exercise was to analyze capabilities in on-site management, intelligence information sharing and dissemination, public safety and security response, critical resource and logistics distribution and communications. “It was a long overdue exercise that simulated real-time situations and required input from those who would be Officers from the Milwaukee Police Department and Sheriff’s responsible on scene if something similar were to happen,” Department joined in the group of nearly 40 participants who said Chief Judge Jeffrey Kremers. “The exercise required took part in a tabletop exercise to help prepare for a security us to concentrate on the roles of all players while making crisis. Columbia County finds success with ‘immersion’ safety training By Susan Raimer, Columbia County Clerk of Circuit Court his spring, for the first time ever, the TColumbia County Administration Building – which houses the courtrooms and court offices – was shut down for several hours to allow all who work in the building to participate in an intensive immersion program on safety and security. In addition to the judges and court staff, participants included the district attorney, child support, treasurer, and many others – about 80 in all. The highlight of the training was a series of drills conducted under the guidance of local law enforcement. With all the participants in their respective offices, numerous scenarios Columbia County Emergency Management Director Pat Beghin leads a were enacted, including fire and tornado drills, discussion at the county’s first-ever courthouse safety and security training program. The audience included judges and court staff, staff from other see Security on page 13 offices in the building, and county supervisors. By BonnieMacRitchie,PPAC Policy Analyst crowd draws record SecurityConference annual Court Fourth sessions oftheconference,givingafirsthandaccounthis Sheriff’s Office providedoneofthemostdynamicplenary expert knowledgeofthetrainingtopics. percent oftheattendeesfeltinstructor(s)demonstrated work withthe3-6monthsfollowingconferenceand96 would beabletoutilizetheinformationprovidedintheir evaluations. A majorityofconferenceattendeesfeltthey operations. the useofbestpracticesandstrategiesforcourtsecurity Security Without IncreasingCosts.”Presentersemphasized with itstheme,“Effective Strategies toMaintainCourt acknowledged thefinancialstrugglemanyjurisdictionsface Illinois, Michigan,Nevada,NewMexico,andOklahoma. hailed fromotherstatesincluding Arizona, Colorado, 51 citiesthroughout Wisconsin. Inaddition,14participants T share, hasbeento improvethe goals, whichthe othertwojudges County CircuitCourt. Oneofhis in Branch2oftheColumbia Judge W. Andrew Voigtofficetook picked upsteamin2011, when Building moresecure. The effort making the Administration year intensiveeffort tofocuson courthouse safetycappedatwo- was conducted. alarms, andphonesystemalerts and careoffireextinguishers, presentation onthelocation,use, accidents andinjuries. Then a the handlingofsituationsinvolving the medicalexaminerdemonstrated general assembly. Followingthat, highlights werediscussedata Management team,andthe distributed bytheEmergency Emergency Planwasrevisedand staff. The county’s written that wouldrequireactionbythe manmade safety/securitysituations basic reviewofnaturaland improvement. done rightandwhatneeded Committee evaluatedwhatwas themselves andthepublic. action bythestaff toprotect building, whichwouldrequire and gunshotsfiredwithinthe Security Captain ShawnFirestineoftheCrawfordCounty, Ark., Overall, attendeesratedtheconferencehighlyon Held onMarch5-7in Appleton, theconference This immersionprogramon Leading uptothesedrillswasa Members oftheCountySecurity most successfulyetwith146participantsrepresenting his year’s continued frompage 12 Court SafetyandSecurityConference employer.” safety wasimportant tomy offered. Ifeltlikemypersonal best trainingthathaseverbeen Another hadthistosay:“Itwas the reaction ispurelyautomatic.” perfect. Ihopesomedaymy individual wrote:“Practicemakes training sessionhighmarks.One annual expandedtrainings. county willdoatleastoneormore Board, anditisanticipatedthatthe the trainingsessiontoCounty training couldbeheld. so thatthesafetyandsecurity annex forthemorningofMarch29 administration buildingandcounty Board approvedclosingthe discussions, theColumbiaCounty result ofthecommittee’s Administration Building. As a strengths andweaknessesofthe raised awarenessofthesecurity jump-started, andwesuccessfully committee meetingswerethen deputies. The countysecurity supervisor andtwosheriff’s the conferencebyacountyboard 2012; by2013,wewerejoinedat Security Conferencein Appleton in statewide CourthouseSafetyand safety andsecurityofthecourts. County employeesgavethe Judge Voigt presentedare-capof Judge Voigt andIattendedthe n was the Radisson PaperValley Hotelin Appleton, Wisconsin. Visit The 2014conference willbeheldonMarch 4-6atthe sessions. presenting sevenplenarysessionsandnineworkshop Overall, theconferenceagendaincluded17speakers Effective CourtSecurity,” and“CriticalIncidentPlanning.” “Courtroom SafetyFundamentals,”“10 Ways toCost of improvingcourthousesafety. They included: judicial assistantwasshotinthelegasshetriedtoflee. his eventualdemise. Although thejudgewasnothurt,his county’s judges)tothegunman’s shootoutwithpoliceand handguns andanassaultrifle(toconfrontoneofthe the momentshooterenteredcourthousewithtwo incident completewithvideo.Hetooktheaudiencefrom courthouse. Firestineprovidedaplay-by-playofthe response toanarmedassailantwhoterrorizedhiscounty’s available. www.fvtc.edu/CSS Other conferencesessionsfocusedonthenuts-and-bolts - SusanRaimer A agreement. entire training,andabidedbythe publicized. Shewaspermittedto coverthe that shortcomingsinsecuritywould notbe about herreportingofthetraining toensure training, settingspecificbroadguidelines our localnewspaperreporterprior tothe emergency managementdirectormetwith public. received anynegativeinputfromthe re-opened atnoon,andIdidn’t hearthatwe announcements, andbypostingsigns. We through radioandnewspaper morning. We notifiedthepublicinadvance accordingly. We didnotschedulecourtthat the fullCountyBoard,andthenplanned months inadvance,receivedapprovalfrom want toburdenthestaff. looked ataSaturdayprogrambutdidnot would notinconveniencethepublic,and multiple smallgrouptrainingssothatwe The securitycommitteelookedatdoing we consideredmanyotheroptionsfirst. morning isjustastrickyitsounds–and difficult. more. The preparationcanbethemost practice, discuss,andpreparesome courthouse safetyrequiresustoprepare, How we didit One finalnote:Judge Voigt andthe We finallypickedahalfdayaboutsix Closing thecourthousetopublicfora for more informationasitbecomes message wasthatimproving t thestatewideconference,repeated n

THE THIRD BRANCH 2013 Spring 13 14

Spring WISCONSIN CONNECTS 2013 Bayfield, Trempealeau

THE THIRD BRANCH teams learn ‘Smart Sentencing’ Circuit Court Judges John P. Anderson, Bayfield County, and John A. Damon, Trempealeau County, traveled to New Orleans in April with local prosecutors, public defenders and probation officers for a “Smarter Sentencing Training Circuit Court Judges John P. Anderson, Bayfield County (far left) and John A. Damon, Session,” a companion to sessions Trempealeau County (second row, center) joined teams from their respective counties at a Smarter Sentencing Training Session in New Orleans in April. Participants see Connects on page 24 included local district attorneys, public defenders and probation officers. UW partnership gives students a new opportunity to work in court system hen UW-Madison Professor Ryan Owens reviewed Wisconsin improve its process. Winternship opportunities for Hilt researched the one-step versus two-step jury undergraduates in the Political Science Department, he summons process, examining models from other states noticed something interesting: students enjoyed to determine the most cost efficient and effective way to opportunities to acquire hands-on experience in the summons jurors in Wisconsin. Legislature and in executive branch agencies, but not in the Director of State Courts A. John Voelker noted that court judicial branch. He contacted Director of State Courts A. staff were deeply involved in the projects. “Jacob Wilson, John Voelker, and the two of them soon piloted a new who serves as Court Operations’ jury specialist, acted as a judicial internship program. great resource to the interns, providing research materials, The Judicial Branch Internship answering questions, and accompanying the interns on Program launched this spring, several courthouse visits so they could view jury operations and placed a select group of firsthand,” he said. “Both interns produced helpful research students in the Director’s Office. papers that showed Wisconsin is doing a terrific job with “I had two goals for this class,” jury management.” Owens said. “First, I wanted to place some of our top-tier Job Classification students in a position where they In the Office of Management Services, Intern Jim Conlin could learn how the state worked with Human Resources Officer Margaret Brady and Supreme Court operates in an Human Resources Assistant Lisa Wesley on a project interdependent environment—to focused on classification and compensation. Conlin teach them how law and reviewed the court system’s current job title summary policymaking work in practice. documents to confirm that the documents accurately Second, I wanted the state courts Prof. Ryan Owens reflected court system job classifications. This required him to benefit from them. Our top to meet with employees and managers to gather additional political science and legal studies students are among the information for his analysis, which he then used to best in the country, and I wanted the courts to profit from recommend updates to current job title summary documents. their efforts.” Jim also identified job classifications that may need to be Owens said it remains important for the university to considered for future reclassification or restructuring. continue to give back to the state and to the state government that supports it. He plans to continue the Tracking bills program, as long as the Director’s Office is able to host Nancy Rottier, the court system’s legislative liaison, interns, every fall semester. supervised Intern Donya Khadem. Khadem assisted Rottier During the course of the semester, the students worked on in tracking legislation identified as having an impact on the projects focusing on jury management, job classifications court system and in updating summaries with the most and legislative analysis. Here is a brief overview of the current status of pending bills. Besides learning the work they performed: procedural aspects of the legislative process, Khadem also attended several legislative hearings and meetings. Jury Management “For her project, Donya researched and wrote an excellent Two Court Operations interns, Lisa Vang and Sara Hilt, paper on whether Wisconsin should eliminate jury trials in worked on projects related to jury termination-of-parental-rights cases,” Rottier said, adding management. Vang explored jury source lists, researching that there is legislation pending (AB 152) in the state the source lists used in other states to help Assembly on this controversial topic. n Judge DominicS. Amato interview abouthiscareerbutsaid,“Justtelleverybodythat Characteristically low-profile,hedeclinedtoconductan wanted to“divorce”theirdadafteryearsofabuse. involving threechildrenwhowrotetothecourtthatthey of listeningtochildrenincourt,andoncepresidedacase valued theopportunitytotrysavekids.Hemadeapoint leave familycourtattheendofhisrotationbecausehe veteran judge.Swansonwaselectedwithoutopposition( Swanson, whohadannouncedthathewouldchallengethe poor. retirement, hehopestoworkwithcharitiesthatservethe controversial,” willretirewhenhistermendsonJuly31.In Sentinel County CircuitCourtjudgewhomthe Amato toldthe Amato’s workinfamilycourtdrewpraisefrommanysides. criticism. bargains heconsideredtoolenient made himatarget of court. Inmisdemeanorcourt,hisrefusaltoacceptplea sentences ledtofrequentsubstitutionrequestsinfelony on charityworkinretirement development process. important tothescript- ‘talk-back’ sessionsare Public readingsand people turnedout. delighted that100 Janesville, andwere for anaudienceof30in law. Organizers planned Goodell oncepracticed spot whereLavinia stone’s throwfromthe continued frompage 11 Lavinia Longtime Milwaukeejudgewillfocus Amato’s careeronthebenchspanned25years. Amato’s retirementclearedthewayfor Atty. DavidC. Judge DominicS. Amato, thelong-servingMilwaukee In spiteofthecontroversieshesometimessparked, RETIREMENTS once dubbed“quixoticandsometimes Milwaukee JournalSentinel n on-crime’ judge,andhisstiff separate story, page6 history. largest awardofitskindinstate damages awardstillstandsasthe high winds. The $100million known asBigBluecollapsedin killed atMillerParkwhenacrane Industries. The workerswere against MitsubishiHeavy the widowsofthreeironworkers presided overacasebroughtby national spotlightwhenhe script-development process,thereadingattracted astanding-room-only crowd. new playaboutthe lifeofLaviniaGoodell,thestate’s first womanlawyer. An important part ofthe Chief JusticeShirley S. Abrahamson warms upthecrowdpriortoonly Madisonreadingofa Amato wasconsidereda‘tough- In 2000, Amato wasinthe Milwaukee Journal that hehatedto ). see I lovethemandwishallthebest.” nurse. produced ‘sidebar’ storiesonDiMottoandhercareerasa was coveredgavel-to-gavelonCourt TV, whichalso young boybysuffocating himduring anexorcism. The trial jury trialinvolvingastorefrontministeraccusedofkilling that drewonallofhercourtroomskills.Itwasaweek-long was possible,andfindingaspiritualaspecttojudging. interesting legalissues.” skills onthebench[and]challengeofanalyzing being abletousemypsychiatricnursingknowledgeand person, andbecomingarolemodelforattorneys.Iliked she said.“Ilikedmaturinginthepositionasajudgeand day. people whocamethroughthedoorsofhercourtroomevery times, feelverysolitary. Shealsotook greatpleasureinthe as “helpfullisteners”foroneanotherinajobthatcan,at judge, JohnJ.DiMotto. married toalongtimeMilwaukeeCountyCircuitCourt did both);andsecond,shewas judicial educationseminars(she share itwithfellowjudgesin knowledge onthebenchandto nurse, andhopedtousethat had builtacareeraspsychiatric for acoupleofreasons.First,she ago, herelectionstirredinterest County CircuitCourt16years first joinedtheMilwaukee things’ done manygood satisfied thatIhave Judge DiMotto:‘Ifeelconfidentand She recalledonememorableanddifficult caseinparticular DiMotto alsolikedusinghumorinherwork,whenthat “I lovedconnectingwiththeattorneysandlitigants,” Over theyears,DiMottosaid,sheandherhusbandserved When JudgeJean W. DiMotto see Judge JeanW. DiMotto Retirements on page 16

THE THIRD BRANCH 2013 Spring 15 16

Spring RETIREMENTS continued from page 15 2013 DiMotto found much satisfaction in the job, but there correct solution to the many problems that are brought in

THE THIRD BRANCH were also challenges. Among them: the need to sit and here.” listen to “dozens, sometimes hundreds, of people” each day, Doyle stepped down effective June 30. Gov. Scott Walker which many judges find exhausting; the deteriorating court will appoint a successor, for whom Doyle offers some facilities; and the public’s sometimes skewed sense (thanks advice: to Judge Judy and similar shows) of appropriate courtroom “Keep your sense of humor and always treat everyone decorum. who comes into the courtroom with respect,” he said. “Then “The courthouse complex became dirtier, with one of the everything should go fine.” four official entrances being through a filthy, dark, dank, noisy underground parking lot,” she said. “It wears on one’s morale. We lost ground over my 16 years in respect for the Longtime Marquette County courts and judges. This trended with the general societal judge brought diverse experience eroding of respect for all authority and the one-time proliferation of ‘judge’ shows on TV.” to the bench DiMotto received the Wisconsin Law Journal ‘Lifetime After 18 years on the Achievement Award’ in June, soon after she stepped down bench in a one-judge county, from the bench (see separate story, page 9). She made the Marquette County Circuit decision to retire after learning that she would need a Court Judge Richard O. lengthy period to recover from surgery to repair an incision Wright decided to retire from her successful cancer treatment. when his term ends in July. In retirement, DiMotto plans to write (she has a writer’s Succeeding him will be website at www.jeandimotto.com), read, cook more, and Bernard “Ben” Bult, who perhaps take some online courses. won the contested election in “The world is my oyster,” she said, “and I can’t wait to April (see separate story, fully indulge in it.” page 5). Succeeding DiMotto is Judge Thomas McAdams, whom Like many judges, Wright Gov. Scott Walker appointed to the post (see separate story, took special pleasure in page 3). presiding over large civil Judge Richard O. Wright disputes that featured talented lawyers on both sides. One case that stands out for him was Barron County judge settles in a 2000 matter in which two towns in Door County opposed New Mexico the development of a Perrier water-bottling plant. After watching 17 inches of snow fall one day in early “I issued a decision from the bench and everybody went spring, Barron County Circuit out of the courtroom thinking they had won it,” Wright Court Judge Timothy M. Doyle recalled. started to plan in earnest for Wright cites his diverse professional background as his move to New Mexico. having prepared him well for the job of judging. That “We’re building a house in background includes military service and a stint as Legal the mountains,” Doyle said. Center director for an advocacy group. “It’ll be at a pretty high “I also found that being a farm boy and, way back, elevation, so it won’t ever get working construction when I was a kid was also helpful real hot there. But there’s quite when I was on the bench,” he said. a bit more sunshine there than Wright involved himself in politics while a student at in Northern Wisconsin.” UW-Madison and, in the early 1970s, conducted research That weather will for a book published for the Federal Bureau of Investigation complement Doyle’s favorite entitled, Whose FBI? hobbies, including bird hunting Judge Timothy M. Doyle “In those years it was controversial what the focus of the and other shotgun sports. FBI should be,” Wright recalled. “I did the book on it. It “It’s the perfect hobby,” he said, “because you get to make was required reading for FBI agents at one time.” a loud noise and break stuff.” Wright, who hopes to keep a hand in the profession as a Elected in 2008 after his 2007 appointment by then-Gov. reserve judge, said being a judge has been rewarding and, at Jim Doyle to replace longtime Barron County Circuit Court times, surprising. Judge Edward R. Brunner, Doyle brought with him 33 “Before I started as a judge, I was wondering how I was years’ experience in private practice. Still, he found judging going to keep myself awake in the courtroom during some to be a challenge, and said he would miss the intellectual of the stuff, but it’s been no problem,” he said. “There aren’t n aspects of the job and the people who work in the many dull moments in the courtroom.” courthouse. “These are all people’s lives that you’re dealing with, and it’s always interesting and a challenge to try to find the County Pottowatomi Tribal Court,Chief JudgeMarianne Supervisors, ChiefJudgeEugene Whitefish oftheForest Flambeau Tribal Councilandthe Vilas County Boardof rice andfrybread. ceremony wasfollowedbyafeastofvenison,walleye,wild joint commitmentthatZaa-gi-bag-aarepresents. The tribal flagstodisplayineachother’s courtstosymbolizethe signed aJointPowers Agreement andexchangedstate III and Tribal CourtJudgesGaroldSmithandShannonCobe regain vibrancyandlife. all appearancesdead,butalwaysretainingthecapacityto those suffering fromaddictiontoabarewinter’s branch:to roughly translatesas‘buddinggreenleaf.’ Valliere compared of minutesbeforerevealingthenameZaa-gi-bag-aa,which continued theceremonybyspeakinginOjibwaforanumber court. After purifyingtheroombyburningsage, Valliere before theceremonyandaskedtoprovideanamefor tobacco fromamemberofthecourtteamseveralweeks participants inJune. Flambeau onMay22. The courtplannedtostartaccepting traditional OjibwanamingceremonyheldinLacdu Tribal Courtreceiveditsname-Zaa-gi-bag-aaina Smith and Associate JudgeShannonCobe. document wereLacduFlambeauTribal Court ChiefJudgeGarold celebrate theagreement’s adoption.JoiningNielsentosignthe reads theJointPowers Agreement toindividualsgathered Chief JudgeNeal A. “Chip”NielsenIII,Vilas CountyCircuitCourt, A Zaa-gi-bag-aa Wellness Court unveiled WellnessZaa-gi-bag-aa Court By JohnPowell,DistrictCourt Administrator year,first itsmentors honors celebrates CountyVeteransOutagamie Court has 19mentors– allofthemveterans–andwe expect that who serveasmentors. The current Veteran Mentor Team real benefitsfrom theparticipationoftrainedvolunteers and thanks. veteran’s courtistrulyunique. They deserveourrecognition other treatmentcourtprograms, their centralroleinthe program. And, thoughmentorsareoccasionallyusedin reliable, dedicatedteamofmentors. our programsuccessful–andchiefamongthemisa experience, wearetakingalookattheelementsthatmake programs werestarted). With thebenefit ofoneyear’s veteran’s court(in2012alone,fivenewveteran’s court L Attending theceremonyweremembersofLacdu Vilas CountyCircuitCourtJudgeNeal A. “Chip”Nielsen Tribal spiritualleaderLeon Valliere wasgivenagiftof In theOutagamieCountyprogram, wehaveexperienced Mentors areanintegralpartofevery veteran’s court number ofcountiesacrossthestateinlaunchinga ast summer, OutagamieCountyjoinedagrowing Vilas CountyCircuitCourtandtheLacduFlambeau new state-tribal Wellness CourtInitiative betweenthe other communityleaders. Court JudgesErnestSt. Germaine and Alice Soulier, among Judge JamesMohr, andformerLacduFlambeau Tribal former Vilas CircuitJudgeandLacCourtOreilles Tribal Higgins oftheStockbridge-Munsee Mohican Tribal Court,

2008 andiscredited withbeingthefirstcourtof itskindin Treatment Courtin Buffalo, NY, whichopeneditsdoors in this projectbyvisitingJudgeRobert Russell’s Veterans and women.” I thinkwecanmakearealdifference withtheseyoungmen as asocietyandhelpingthemreadjust tolifeaftercombat. these veteransthewaytheyare. We aretakingresponsibility incredible toseeboththecourtsandcommunitysupport home from Vietnam, veryfewpeoplesupportedus,anditis small actofgivingbacktothecommunity. When wecame feeling tobeapartofsomethinglikethis,”hesaid.“Itis in theprogramhasbeenrewarding.“Itisaverypatriotic number togrow. Photo credit: ‘budding greenleaf.’ ceremony, isZaa-gi-bag-aa–whichroughly translatesto traditional drumsongs.Thename,announcedatthe Wellness CourtInitiativeinLacduFlambeauperformed Participants inaceremonytonamenewstate-tribal

Like manyofourcolleaguesacross thestate,webegan One veteranmentor, HerbSchmoll,saidhisparticipation The Lakeland Times very positiveway.” of thecourt.Iknowwearegoingtochangelivesina cultural componentaspartofthewrap-aroundservices du Flambeau’s existingfacilitiesandwillhaveastrong community. Treatment willbecoordinatedthroughLac court, butalsototheirowntribalcourtand hold participantsaccountablenotonlytothecircuit confident inourteamandconcept,whichisto documentation anddetailstoimplementthecourt. grant inMarch,andhavebeenworkingtofinalize formal teamtrainingin Arizona throughaNDCI/BJA been planningthecourtformorethanayear, attended “I’m veryexcitedforthisproject,”Nielsensaid. Zaa-gi-bag-aa Wellness Courtteammembershave n see Veterans on page 18

Photo credit: Eric A. Johnson, FYI Northwoods News

THE THIRD BRANCH 2013 Spring 17 18

Spring Chief Justice talks iCivics with Wisconsin 2013 social studies teachers THE THIRD BRANCH isconsin Supreme Court Chief Justice Shirley S. integrating iCivics into the classroom and using it at home. WAbrahamson and state Department of Public In addition to promoting the use of iCivics by teachers, Instruction digital learning specialist Janice Mertes worked the justices are working to encourage the use of iCivics by to promote the use of iCivics in the classroom by delivering judges who volunteer in the classroom, as well as a joint presentation at the 2013 Wisconsin Council for the community groups and organizations, such as Boys & Girls Social Studies conference in Middleton. Clubs. n Abrahamson and Justice Ann Walsh Bradley are the state co-chairs for iCivics.org, an online educational gaming site Judges interested in volunteering in a classroom using founded in 2009 by retired U.S. Supreme Court Justice iCivics may contact Court Information Officer Tom Sheehan Sandra Day O’Connor to help reinvigorate civics education at [email protected] or (608) 261-6640. Volunteer in the United States. Wisconsin was among the first to guides and other resources are available from iCivics.org. embrace the iCivics concept; O’Connor introduced it to teachers, judges and justices at a 2010 event in the Wisconsin Supreme Court Hearing Room. Initially launched to promote understanding of the judicial branch, iCivics has expanded to include 16 games that allow students to explore the law, government operations, branches of government, the election process and more. Many of the games include free learning materials, teacher guides and lesson plans designed to align with state academic standards. There are also stand-alone educational materials on the site for those who do not wish to use the games. Mertes, a former social studies teacher from Sun Prairie, Chief Justice Shirley S. Abrahamson joins Department of Public serves as a resource for teachers interested in using iCivics Instruction digital learning specialist Janice Mertes in a and has delivered presentations at other gatherings on presentation on iCivics to social studies teachers at the Wisconsin behalf of the State Bar of Wisconsin, an iCivics partner. Council for the Social Studies’ annual conference on March 17 in During the presentation, Mertes outlined ideas for Middleton.

Veterans continued from page 17 the nation. Our Drug Court Team also observed courts in Rock and Brown counties to learn more about the elements The mentor’s time commitment of a successful program. The time commitment for a mentor includes making We came away with the firm sense that a strong and active twice-weekly phone calls to his/her participant, visiting face- mentorship program is critical. to-face with that person twice a month, and attending Veterans Court once a month. Many exceed those Finding mentors requirements. Judge John A. DesJardins, who started the Outagamie One participant put it this way: “I talk to him pretty much County Veterans Court, and Judge Gregory B. Gill, Jr., who every day, or pretty close, and it’s really helped me out…” also presides in the court, took on the challenge of There is a passion and deep feeling of patriotism that identifying and training a core group of volunteer mentors. drives each mentor’s participation. There is also an They reached out to veterans’ groups and attended meetings additional personal commitment by the participant to his of local veterans’ organizations. They found real interest in mentor. Taking care of a fellow service member is an the community and a number of volunteers came forward. important value, and not letting a buddy down is a strong Every branch of service is represented, which is important, motivator for the participants. That spirit of commitment is because there is a bond among participants and mentors unique to the Veterans Court, and contributes to the potential from the same service background. But, of course, within success of the participant in completing the graduation each service branch, every person is an individual – and requirements. those different backgrounds and life experiences add to the Even with the invaluable assistance of our mentors, support the participants receive from the mentor volunteers. helping veterans to adjust successfully to civilian life is a momentous task. It helps somewhat to realize that this is a Training mentors battle that has been fought throughout the ages. In fact, the Each mentor attends Mentor Orientation Training through Veteran’s Mentoring Program underscores this history by the Outagamie County Volunteers in Offender Services borrowing a line from Abraham Lincoln for its vision (VIOS) prior to being matched with a participant. statement: “To care for him who shall have borne the Jennifer Evers, mentor coordinator for VIOS, explained battle.” n that the duty of the mentor is to be a role model, a guide and a resource for the participant. All of the mentors can relate Editor’s note: Wisconsin now has 10 veterans court to the sometimes difficult experience of transition from programs serving veterans in 26 counties. For a complete military to civilian life, and many of the veterans from prior list and contact information for the individual programs, wartime service can relate to service members with service visit wicourts.gov/services/veteran/index.htm. from recent combat deployments. they areable. lawyers andparalegals tocombatinjustices inwhatevermanner County’s LawDaycelebrationby urging fellowjudges,courtstaff, Dane CountyCircuitCourtJudge JuanB.ColasopenedDane individuals. throughout theday. The lawyersconsultedwithatleast35 consultations inSpanishandEnglishtothepublic Center collaboratedwithlawyerstoprovidefree organizations. Inaddition,theDane CountyLegalResource opportunities with14communityagenciesand and aProBonoFairprovidedinformationaboutvolunteer presentations onlimitedscoperepresentationwereoffered, paralegals servedonthejury. Continuing legaleducation two mocktrialsinwhichmiddle-andhigh-school several activitiesatthecourthouse.Localattorneysputon trial withthelocalteencourtinfor90students. number ofcountiesthatorganized theirowncelebrations. students in30 Wisconsin classrooms. There werealsoa Wisconsin celebratedLawDaybypairinglawyerswith the idealofequalityunderlaw. rights movementandencouragescontinuedefforts toward Have aDream”speech. Proclamation and50yearssinceMartinLutherKing,Jr.’s “I Emancipation Lincoln issuedthe years since Abraham All,” marks150 Dream: Equalityfor “Realizing the year’s theme, rule oflaw. This commitment tothe of ournation’s May 1inrecognition Law Dayeventson Wisconsin hosted the State Barof Lawyers Divisionof state andthe Young S Courts across Wisconsin celebrate Law celebrate Day Wisconsin across Courts In hisopeningremarksfortheannualLawDayreception In In Statewide, the Young LawyersDivisionoftheState Barof The 2013themecelebratestheachievementsofcivil throughout the everal counties Dane County Bayfield County , thebarandcircuitcourtdeveloped , JudgeJohnP. Anderson heldamock of circuitcourt the courthouseonLawDay. Photocredit:DeniseNordin,deputyclerk and courtstaff todevelopamocktrialthatbrought90localstudents to In BayfieldCounty, JudgeJohnP. Anderson workedwiththelocalbar public attheLuther members ofthe gathered alongwith programs who criminal justice paralegal and students fromthe Globe University to agatheringof Abrahamson spoke Justice ShirleyS. County public library. guidance atthe provided freelegal attorneys also schools. Local students inSuperior attorneys visitedwith more fullyrealized.” that dreamMartinLutherKingspokeofismoreand continue andbuildupontheprogressthathasbeenmadeso In In annual LawDayevent. grade studentsfromseverallocal schoolsattendedthis He presidedinthetrialofthree littlepigs.Second- courthouse staff topresentamocktrialforareachildren. followed histraditionofworkingwiththelocalbarand for all.” that allpeoplehaveequalopportunity. That isequality told thegroup.“Stand upandhavecouragetomakesure equality,” she work for in asmallway, each ofyoucan, Auditorium. clinics ontheSaturday followingLawDayatfour metro Association (MBA)providedfree legalinformation Eau Claire Douglas County In In “In ourlives, , Chief Milwaukee County Manitowoc County , JudgeKellyJ. Thimm andlocal chair oftheParalegalProgram. Justice Program,andJeffrey Ahonen, Salimes, chairoftheschool’s Criminal Presenting theawardwerePatti the school’s LawDaycelebration. when sheservedaskeynotespeakerat Law’ byGlobeUniversityinEauClaire was honoredasa‘Championofthe Chief JusticeShirleyS. Abrahamson , theMilwaukeeBar , JudgePatrickL. Willis within ourcapacityandthe ethical limitsofourroles, presents itself,andwithinthe injustice andinequalitywhenit must haveeyesopentosee “there isstillmuchtobedone. but thatinequalityremainsand equality inthelast150years” been agreatmovementtoward Colas notedthat“therehas Courthouse, JudgeJuanB. at theDaneCounty own smallpart,wecan “In thatway, eachdoingour and inequality,” Colassaid. must actagainstthatinjustice constraint oftherulelaw, “Lawyers, judges,courtstaff see Law Day on page 23

THE THIRD BRANCH 2013 Spring 19 20

Spring PEOPLE 2013 “Panel suggests term limits for state Supreme Court,” an article that appeared in the Wisconsin THE THIRD BRANCH State Journal, the Minneapolis Star Tribune, the Sheboygan Press and elsewhere across the region, detailed a new recommendation from a State Bar of Wisconsin committee for a constitutional amendment that would provide a single, 16-year term for state Supreme Court justices. The proposal immediately drew responses from a number of quarters. Former state Supreme Court Justice Janine P. Geske was quoted as saying a single term could have merits. “My concern is the vast amount of money that is being spent and the way it's being spent on ads that aren't relevant to the duties and responsibilities of the job," Geske said. "They take one Director of State Courts A. John Voelker reached a opinion out of a justice's whole career and that becomes the milestone on June 30: 10 years as the administrative head total issue in the campaign. This proposal would diminish of the Wisconsin court system. The Director’s Office staff that." The recommendation is now before the State Bar marked the occasion with a surprise celebration. Prior to his Board of Governors, which will decide whether and how to appointment, Voelker spent five years as executive assistant seek input from judges, attorneys and the general public. to Chief Justice Shirley S. Abrahamson and also served as Chairing the task force was former Outagamie County policy analyst to the Planning and Policy Advisory Circuit Court Judge (and current reserve judge) Joseph M. Committee (PPAC). Troy, who acknowledged that term limits would do little to stem the tide of money flowing into judicial races, but The latest edition of “Courthouse Corner,” an occasional explained that a new system might address concerns about column in The Leader-Telegram by Eau Claire County judicial independence. "No justice, once elected, would ever Clerk of Circuit Court Kristina Aschenbrenner, warns be elected again," Troy said. consumers about websites that re-post public records from "The perception that they are the Wisconsin Circuit Court Access (WCCA) database and there serving the [big campaign then offer to remove the information from the web for a fee. donors] who put them there, or Ashenbrenner explained that WCCA information is not they are worried about the next searchable with Google and other search engines, and that election, that's just not going to consumers may not pay to remove information from happen." WCCA. “Information is only removed after the appropriate time Chief Justice Shirley S. has passed in accordance with Supreme Court Rule Chapter Abrahamson marked Drug 72 or proper court procedures are followed,” she wrote. Court “Paying other Month websites will not (May) affect the official Chief Justice Shirley S. with a court record.” Abrahamson column Aschenbrenner entitled “The efficacy of drug encouraged courts,” which ran in The Journal consumers to contact Sentinel, The Freeman (Waukesha) the Department of and other newspapers across the Justice to report any state. The Chief emphasized the incidents involving potential of problem-solving courts offers to remove to improve public safety, reduce WCCA case records recidivism and change lives – and for a fee. she applauded efforts by court officials across the state to work in Atty. Theresa M. collaboration with justice system Owens, executive partners on developing these assistant to Chief Justice Shirley S. alternatives. Atty. Theresa M. Owens, executive assistant to Chief Justice “Two decades ago, Wisconsin had Shirley S. Abrahamson, was inducted in May as a Fellow of the Abrahamson, was no drug courts,” she wrote. “Today, Institute for Court Management. She is pictured holding her inducted as a Fellow there are 57 problem-solving court diploma with, from left, Chief Justice Myron T. Steele, Supreme of the Institute for Court of Delaware; Mary Campbell McQueen, president of the programs in 38 counties.” National Center for State Courts; and John R. Meeks, vice see People on page 21 president of the Institute for Court Management. 21

Spring PEOPLE continued from page 20 2013 Court Management (ICM) at a ceremony in Washington, return them to their families and to society,” Ozaukee

D.C. in May. The ICM program was designed 40 years ago County Presiding Judge Tom R. Wolfgram said. “We need THE THIRD BRANCH at the behest of then-U.S. Supreme Court Chief Justice to provide the tools and the opportunity to achieve long-term Warren Burger to improve the management of state court recovery, and allow veterans a chance to return to normalcy. systems. To become a Fellow, Owens completed 12 courses Crimes committed by traumatized veterans are sometimes on a variety of court-related topics ranging from caseflow symptoms of wartime trauma, and the courts should account management to strategic planning, then designed, completed for veterans’ previous sacrifices.” and presented a masters-level research project on appellate court rule-making. In her capacity as the Chief’s executive “A Life in the Balance,” a column by Wisconsin State assistant, Owens works on access to justice projects, Journal writer Doug Moe, told the tale of one harrowing manages the Courts Connecting with Communities outreach earlier this spring when Justice Ann Walsh Bradley had to program, and is organizing a conference that will convene in perform CPR on her Aunt Eulalia “Lala” Radloff in an Madison this fall, bringing together justices and state court Arizona beauty salon. Bradley decided to tell the story administrators from the 12-state Midwest region. publicly to encourage people to become certified in CPR. In a nutshell: Bradley was “Rock County veterans denied court program” headlined a traveling with her husband, front-page story in The Janesville Gazette on May 8. The Atty. Mark Bradley, who had story revealed that the Veterans Treatment Court in Rock a meeting in Arizona. She County – the first of its kind in Wisconsin – is no longer took the opportunity to visit receiving cases involving Rock County veterans. The court with her mother, Jean Walsh, continues to handle cases from surrounding counties. The who was spending two reason: District Atty. David O’Leary has instructed his months in Mesa, Arizona with staff not to use the court, citing her sister, Bradley’s aunt. the burden of managing these When Bradley escorted her cases and a recent report by a mother into a local salon to UW-Whitewater professor that meet up with her aunt, they found the court is not yet were confronted with an meeting all of the national Justice Ann Walsh emergency: Aunt Lala had standards set for drug Bradley grown unresponsive in the treatment courts. The report’s salon chair. No one knew CPR, and the 911 call was put on author told the newspaper that hold. Bradley summoned what she remembered from her the study was meant to point Girl Scout training. “I was mindful that I didn’t know for out areas for improvement certain what to do,” Bradley told the newspaper. “But I rather than shut the program knew I had to try my best under the circumstances.” As down. Judge James P. Daley, Bradley performed chest compressions, her aunt began to Judge James P. Daley a combat veteran and highly regain consciousness. The 911 call eventually did go regarded longtime judge who through, and the operator walked Bradley through the runs the program, was philosophical about O’Leary’s see People on page 22 decision not to refer Rock County cases to the court: “He’s an elected official,” Daley said. “He makes the political decision which is best for him. The other district attorneys in the surrounding counties still refer their cases.”

Ozaukee County’s decision to join the Sheboygan Area Veterans Court made headlines across central Wisconsin. The Veterans Court, which began operation in Sheboygan in July 2012, meets on the third Friday of each month at the Sheboygan County Courthouse. The court now hears cases from Sheboygan, Calumet, Fond du Lac, Several current and former court staff participated in the Manitowoc, Ozaukee, HOPES 15th Annual Walk for Awareness in Madison on May 4. HOPES is an acronym for Helping Others Prevent and Washington and Winnebago Educate about Suicide. The non-profit organization is based counties. in Madison. Front Row: Diana Oberdorf, Julie Derwinski, “It is our responsibility to do Susan Stephens; Middle Row: Amy Grant, Judy Killian, all we can to provide these Judge Thomas R. Nancy Randall; Back Row: Theresa Owens, Kevin Pond, Pat returning veterans with the Wolfgram Sammataro, Pete Sammataro, Linda Dejewski, Linda O’Dell treatment they need to fully and Johanna Allex. 22

Spring PEOPLE continued from page 21 2013 procedure (she was correct to do chest compressions, but the operator had her speed them up). The THE THIRD BRANCH ambulance arrived, and, after some time in the hospital, Aunt Lala is doing fine. Bradley said she plans to take a CPR class after the Supreme Court’s term ends.

“Big funding cuts for courts concerns judge” was the banner headline in the Watertown Daily Times on April 6. The article quoted Judge John R. Storck, District IV Court of Appeals Judges Brian W. Blanchard, Paul B. who painted a grim picture for Higgenbotham, and Gary E. Sherman. the Dodge County Law Enforcement Committee with his A panel of the fourth district Court of Appeals – including presentation on the state budget. Judges Brian W. Blanchard, Paul B. Higginbotham and Storck explained that the courts are Gary E. Sherman – made facing another $17 million cut, and headlines in several central cautioned that the cut – if it remains Wisconsin newspapers in late intact – could mean drastic March when it heard oral reductions and furloughs. Judge John R. Storck argument at the Portage County Courthouse in Stevens Point. The Judge James C. Babler, Barron court hears cases from 24 County Circuit Court, contributed Wisconsin counties and a column on cameras in court to occasionally travels within the The Times [Turtle Lake] as part of district as a public outreach a monthly series of columns on initiative. the court system by the judges, the clerk of circuit court and the When former Dane County register in probate. The columns Circuit Court Judge Patrick J. are available on Courtnet for Justice David Prosser Jr. Fiedler was sworn in as president others to adapt. Babler explained of the State Bar of Wisconsin on the notice required by the June 12, media outlets from as far Supreme Court Rule governing away as Minneapolis and Illinois electronic recording devices in reported on the event. Among the court, and emphasized the trial Judge James C. Babler celebrants joining him for the court judge has broad discretion to event were Chief Justice Shirley interpret the rule so that a fair trial can be ensured. S. Abrahamson (who administered the oath) and “The Court is designed to determine issues of guilt and Justices Ann Walsh Bradley, innocence and also the rights and liabilities of individuals in David Prosser Jr. and Patience civil cases,” Babler wrote. “The Judge is responsible for Drake Roggensack. As a judge, ensuring that the rule of law is followed in each case and all Fiedler won the respect of his parties are provided a fair and impartial decision.” colleagues, the bar and the Justice Patience Drake Roggensack “Grant to give boost to Veterans Treatment Court” see People on page 26 headlined a story in the Kenosha News. The article quoted District Court Administrator Andrew Graubard, who explained that a $116,000 grant from the state Office of Justice Assistance would cover the cost of drug testing, monitoring, mentor training and the salary for a coordinator to oversee the work of the new court program. The veterans court covers Kenosha, Racine and Walworth counties and heard Bar of Wisconsin, Photo credit: State Amber Barnes, photographer Longtime Judge Patrick J. Fiedler, who now works in private practice, its first case in November celebrates his swearing-in as president of the State Bar of Wisconsin Judge Gerald P. Ptacek 2012. Judge Gerald P. with his daughter, Erin, and his father, Judge James P. Fiedler. Ptacek presides. By JudgeGeraldP. Ptacek, RacineCountyCircuitCourt topublicdisplay painting isreturned iconic courthouse, Long missingfrom A Racine whereIlivedandhadmylawoffice. Onedayshe friend, LornaZeroz,wasanantiquesdealerindowntown $600,000 intoday’s dollars. cost forart,includingthemurals,was$45,000–orabout courthouse andjailwasestimatedtobe$1,169,000the his workwonafirstprize. made anameforhimselfattheSt. LouisExposition,where courthouses, theatersandchurchesinseveralstates,also explains thatHollowaydesignedanumberofmuralsfor “Truth” overthemaindoorway. The souvenirbook of Justice”overthejudge’s benchintheCircuitCourt,and the courthouse:“SpiritofMercy”overdoorway, “Spirit at therightismanguiltyofwrong.” the motherappealingtolawforprotection,whileone describes thepaintingasfollows:“Thefigureatleftis commemorating the1925dedication child. A souvenirbook The kneelingfemaleisholdinga female figureskneeloneitherside. hand raisedaboveherhead.Maleand a bookinonehandandhasherother female figurewhoisrobedandholds spot. prominent displayinawholenew County. The pieceisnowon ultimately returnedtoKenosha recovered atalocalantiquesshopand remodeling project,itwaslost,then prominence duringasubsequent Municipal Court. over thejudge’s benchintheKenosha 25, 1925.Itwasoriginallymounted the buildingwasdedicatedon August was displayedinthecourthousewhen that inamoment. and thatrolebeganinthelate1970s–butI’llgetbackto somewhat mysteriousabsence.Iplayaroleinthisstory, Assembly andthentothe stateSenate,and ultimatelyserved Sheboygan inthe 1840s,waslaterelectedfirstto thestate played theroleof JudgeDavid Taylor, whopracticedlawin enactment fromSheboygan Atty. William Holbrook,who students werewelcomedonthe courthouse stepswithare- Information Service. Wegner, DirectoroftheMBA’s LawyerReferral and Education Programwhichisinits 55thyear,” saidBritt people duringthecourseofday. Milwaukee locations. Ten volunteerlawyershelped75 Law Day As Isaid,mypartinthisstorybeganthelate1970s. A Holloway’s workdidnotcomecheap. The totalcostofthe Charles Hollowaycreatedthismuralandthreeothersfor The paintingdepictsalife-sized Removed fromitsplaceof The painting,“SpiritoftheLaw,” In “The legalclinicsarepartoftheNationalLawDay Courthouse hasreturnedhomeafteralongand n originaloilpaintingfromtheKenoshaCounty Sheboygan County continued frompage 19 , morethan150middleschool Kenosha CountyBoardChambers. mural nowhangsinaplaceofhonorthe The lost-and-recovered“SpiritoftheLaw” display. has nowbeenreturnedtoaplaceofprominent,public historical gemoriginaltotheKenoshaCountyCourthouse, Board Chambers. incorporated asthefocalpointofKenoshaCounty informed methatthepaintingwastoberestoredand include countyoffices andCounty Boardchambers.He hall directlywestofthecourthouseandwasremodelingitto Collins. KenoshaCountyhadpurchasedtheformerunion some yearslaterIgotaletterfromCountyExecutiveJohn was returnedtoKenosha. He gladlyacceptedmydonationand“SpiritoftheLaw” I contactedthedirectorofKenoshaHistoricalMuseum. Bastianelli. project. To preserveandprotectthepainting,wehadit from theKenoshaCountyCourthouseduringaremodeling an antiquesdealerinKenosha.Shesaidithadbeenremoved gave methislarge, rolled-upcanvasshehadreceivedfrom made. collected, andtwo localattorneysexplainedhow lawsare students aboutemergency callsandhowevidence in that SheboyganCountySheriff Todd Priebetalkedtothe term ofincarceration). and the“judge”–astudentsentenced himtoasubstantial courthouse inthemiddleofnight (hewasfoundguilty student whoallegedlyspray-painted graffiti onthe the 17 years,accordingtoanextensivearticleontheeventin on the Wisconsin SupremeCourtfor13 years. I amdelightedtosaythat“SpiritoftheLaw,” an I thoughtthatwastheendofstory. Then oneday It seemedobviousthatthepaintingbelongedinKenosha. Judge JamesJ.Bolgertthenledamocktrial,ashehasfor Sheboygan Press n n

Photo credit: Andrew Graubard . This year, themocktrialinvolveda courtroom ofJudgeDavidM. career in1973-74. Today itisthe Court programduringmylawschool as ajudicialinternthroughSupreme Judge Burton A. ScottwhereIworked ultimately becamethecourtroomof where thepaintinghadhung learned thattheMunicipalCourtroom Courthouse. Inanothertwist,I it wasoriginaltotheKenoshaCounty “What dowewiththepainting?” over theoffice, thequestionarose: commissioner, andanothertenanttook to becomeajudicialcourt my partnerintheoffice. When heleft 1980, andthepaintingremainedwith service workasdistrictattorneyin a conferenceroomwall. an imposingpresenceproppedagainst approximately 6by8feet,itremained mounted onMasoniteboard. At Press The researchIhaddoneverifiedthat I leftprivatepracticeforpublic reporter Kali Thiel alsonoted

THE THIRD BRANCH 2013 Spring 23 24

Spring AWARDS continued from page 10 2013 Capati receives honorable mention in Chief Justice Shirley S. Abrahamson nominated Capati for the award “in recognition of her tireless efforts to ensure that THE THIRD BRANCH Hart competition language barriers do not close the courthouse doors.” Atty. Carmel Capati, who manages the Wisconsin Court The Chief explained in the nomination that increasing System Interpreter Program, received an honorable mention numbers of litigants have in the highly competitive limited proficiency in Virginia Hart Special English, and that this Recognition Award language barrier raises competition. concerns about access to Capati is the third justice and can affect the court employee honored courts’ ability to function in the competition; efficiently. Deputy Director for The Chief pointed out Management Services that, in one nine-month Pam Radloff received an period in 2012 (January honorable mention in through September), 256 2003; Budget Officer interpreters provided Deborah Brescoll in services to the courts in 2008. 45 different languages. Named for Virginia “Ms. Capati’s efforts Hart, who served as in expanding the court secretary of the interpreter program have Department of made a significant Regulation and Atty. Carmel Capati, who manages the court interpreter program in the difference in the Licensing, chair of the Office of Court Operations, celebrates with Chief Justice Shirley S. services provided Commission for the Abrahamson at a ceremony honoring outstanding women in state throughout the state,” Department of Industry, government. Capati was selected for an honorable mention in the highly competitive awards competition. Abrahamson wrote. “Her Labor, and management and Human Relations (now continuous development of the court interpreter program Department of Workforce Development), and chair of the contribute to ensuring equal access to justice for all Labor and Industry Review Commission, the award individuals throughout the Wisconsin court system recognizes outstanding women in state government. regardless of the language they speak.” n

WISCONSIN CONNECTS continued from page 14 hosted in Waukesha and Eau Claire in 2012. taxpayers the best possible return on their substantial Joining Anderson on the Bayfield County team were investment in the criminal justice system. District Atty. Frederick Bourg, Assistant State Public Defender Aaron Marcoux and Criminal Justice Coordinator Law Library finds new outreach Brenda Spurlock. Joining Damon on the Trempealeau team were Probation/Parole Officer Theresa Anderson, opportunities Department of Corrections Supervisor Sandy Huff, District Staff from the Wisconsin State Law Library (WSLL) were Atty. Taavi McMahon and Assistant State Public Defender engaged in a number of public outreach initiatives this Carly Sebion. spring, including: Two instructors from the Justice Management Institute State Law Librarian Julie Tessmer joined Connie Von Der taught the seminar, which helped each team to develop an Heide, director of Reference & Outreach Services to action plan. Trempealeau’s plan, for example, involves present, “May I Help You? Legal Information Sources for using the COMPAS assessment tool to provide information Pro Se Litigants” at training programs held in Eau Claire that might help in setting bond, making charging decisions and Madison for clerks of circuit court. and sentencing. Von Der Heide also recently demonstrated a variety of Since 2004, when the Effective Justice Strategies low and no-cost online legal research tools to 2L and 3L Subcommittee (EJSS) of the Supreme Court’s Planning and students in UW Law School Prof. Gretchen Viney’s Policy Advisory Committee was established, Wisconsin has Lawyering Skills class. been a national leader in the use evidence-based practices. Devin Rogers, cataloger at WSLL, participated in an event Incorporating these practices begins with scrutinizing for students at the UW School of Library & Information every step in the criminal justice process, shedding those Studies (SLIS), where she and five other librarians from a that have not yielded measurable results and adopting variety of work settings shared their experiences as new strategies that have been tested and proven successful. professionals in the field and provided tips for job hunting. These strategies offer the hope of holding offenders A Q&A panel session was followed by smaller group n accountable while reducing crime and recidivism and giving discussions and pizza. the SupremeCourtisequallydivided. recommendations ofthepresiding judgewouldbebindingif disability casehasbeenheardby ajury, thejuryverdictand discipline oraction.Ifa caseorpermanent Court isequallydividedonthequestion oftheappropriate the disciplinedordisabledjudge ifthe Wisconsin Supreme law andrecommendationsofapaneljudgesbindingon permanent disability Wisconsin Supreme Courtonjudicialdisciplineor after afinaljudgmentororderhasbeenissued. written statementwiththereasonsfordenialwithin60days denies amotiontodisqualifyhimselforherselffile justice disqualification ofajudgeorjustice. disqualification ofjudgeor justice requirement acivilforfeiture. judge orjustice.Itwouldmakeviolationsofthereporting to notifythejudgeorjusticeiftheyhavemattersbefore made tojudgeor justice Committee in April. proposals, allofwhichweresenttothe Assembly Judiciary recommended passage,7-4,onJune5. referred tothe Assembly CommitteeonHealth,which Committee onJudiciaryandLabor April 3. AB 120was Rep. ErikSeverson(R-Star Prairie) provider inadmissibleornotsubjecttodiscovery. statements ofapologyorcondolencebyahealthcare provider of astatementapologyor condolencebyhealthcare Evidence Committee onHealthandHumanServices April 3. that appearins.51.15,Stats. involuntary commitment,andprivilegedcommunications several provisionsdealingwithemergency detention, Admission ofMinorsUnderChapter51,andchanges Special CommitteeonReviewofEmergency Detentionand Bills Legislature Assembly Bill145 -judicialdisqualificationbased on This billwouldmakethefindingsoffact,conclusions Assembly Bill144-equallydivideddeterminationsof This billamendss.757.19(5),torequireajudgewho Assembly Bill143-disqualificationofajudgeor This billwouldadoptareasonablepersonstandardforthe Assembly Bill142-objectivestandardfor This billwouldrequirecontributorstojudicialcampaigns Assembly Bill141-noticeofpoliticalcontributions The billsareasfollows: Assembly Bill153-exceptiontohearsayruleof Current status:SB129wasreferredtotheSenate Primary sponsors:Sen.Leah Vukmir (R-Wauwatosa) and Position ofLegislativeCommittee:Noposition This billwouldchangetherulesofevidencetomake Senate Bill129and Assembly Bill120 Current status:SB127wasreferredtotheSenate Primary sponsors:JointLegislativeCouncil Position ofLegislativeCommittee:Noposition This billwaspreparedfortheJointLegislativeCouncil's continued frompage 3 continued frompage 8 - inadmissibility to beappointed. of Appeals judgesbyseniorityfromallpersonswhoeligible Court. The SupremeCourtwouldappointthepanelof three Courtof Appeals judges,ratherthantheSupreme Supreme Courtjusticeissubject todisciplinebyapanelof judge. person assignedmustbethemostseniorCourtof Appeals provide anoddnumberofjudgesfortheproceedings. The disciplinary proceedingsintheSupremeCourtorderto Appeals judgetoaidintheproperdispositionofjudicial Supreme Courtassignonatemporarybasisof Supreme Courtjustices. change theprocessforhandlingdisciplinarymattersagainst himself orherself. deny oraffirm thedecisionofajusticetonotdisqualify 757.19(4m),whichwould allowtheSupremeCourtto § motion fordisqualificationofajustice.Itadds Wis. Stat. disqualify thejustice Court toreview decisionofajustice todenyamotion contribution maywaivethedisqualification. action. The partywhoisopposedto thepartygiving judicial office withinthepastfour years fromapartytothe of contributionswerereceivedbythejudge’s campaignfor campaign financialsupport Committee onJudiciaryandLabor. voice vote,onJune13.IthasbeenreferredtotheSenate Rep. Andre Jacque(R-DePere) evidence. delay, wasteoftimeorneedlesspresentationcumulative or ifmisleadingtothejury, orbyconsiderationsofundue evidence tobeexcludedongroundsofprejudice,confusion, purpose iftheactwasinlast10years. The billallows acts ofdomesticviolencetobeadmissibleforanyrelevant offense involvingdomesticabuse,allowevidenceofother acts ofdomesticabuse Committee onJudiciary April 15. unavailability waswrongfullycausedbytheperson. testify tobeusedagainstsomeoneiftheindividual’s a statementmadebyanindividualwhoisunavailableto evidence ifawitnessisunavailable Assembly JointResolution19would providethata Assembly JointResolution18wouldrequirethatthe These twoproposedconstitutionalamendmentswould Assembly JointResolutions18and19 This billallowsthe Wisconsin SupremeCourttoreviewa Assembly Bill146-authorityof Wisconsin Supreme This billrequiresthedisqualificationofajudgeif$1,000 Current status: AB 187waspassedbythe Assembly, ona Primary sponsors:Sen.MikeEllis(R-Neenah)andRep. Position ofLegislativeCommittee:Noposition This billwould,inanactionaccusingindividualof Assembly Bill187 Current status: AB 153wasreferredtothe Assembly Primary sponsors:Rep.JimSteineke (R-Kaukauna) Position ofLegislativeCommittee:Noposition This billcreatesanexceptiontothehearsayruleallow n - admissibility ofevidenceother n

THE THIRD BRANCH 2013 Spring 25 PEOPLE continued from page 22 litigants who appeared before him – and was only activity book for occasionally confused with his father, longtime Iowa County children. The booklet Circuit Court Judge James Fiedler, who was present for the was first created in swearing-in. After he took the oath, Fiedler discussed his California, and was return to private practice and his love of the law: “To me, “Wisconsinized” by a there’s no greater privilege than to be a lawyer,” he said. team that included “Those who are satisfied with the profession they’ve chosen Judge Daniel T. Dillon, are those who have pride in their profession. And I’m very Rock County Circuit proud to be a lawyer.” Court; Judge Benjamin D. Proctor, Eau Claire The news hook for the May 23 story, “Eau Claire County County Circuit Court; builds jail to fit courthouse goals,” in the Wisconsin Law Judge Stuart Schwartz, Journal, was the $59 million renovation project that Dane County Circuit includes a Court; and Court new, Information 180,000- Officer Amanda square- K. Todd. The foot jail. booklet is in use in nearly every Wisconsin county, But the and is available at no charge by calling (608) 264- article’s 6256 or e-mailing [email protected]. An real focus interactive version is on the web at was on www.wicourts.gov/courts/resources/kid/index.htm. Eau Claire’s The Shamrock Club of Wisconsin selected efforts to Wisconsin Law Journal Milwaukee County Circuit Court Judge Daniel L. keep the Konkol and his wife, Maureen Konkol, to be parade cells marshals for the annual St. Patrick’s Day parade in empty. downtown Milwaukee. The honor was bestowed in The recognition of the couple’s 22-year history of Photo credit: county is Judge William M. Gabler volunteer service to the club. Over the years, the one of two Konkols have participated in the popular parade in in Wisconsin (the other is Milwaukee) participating in a many ways – by marching, pedaling, riding on floats and national grant project to use evidence-based methods for chauffeuring celebrities; this year, accompanied by their assessing each person’s risk factors and to incorporate more daughter Jackie, the led the parade in a horse-drawn active interventions through drug courts, mental health carriage. n courts and more. The article quoted Judge William M. Gabler, who described Eau Claire’s Criminal Justice Coordinating Council, a multi-disciplinary group that steers justice-related initiatives. “If you do what you’ve always done, then you’ll get what you’ve always got,” Gabler was quoted as saying. “But it’s possible to break that cycle, especially with drugs and alcohol.”

“Don’t ‘roll the dice’ at courthouse” headlined an editorial in the May 19 edition of The Northwestern (Oshkosh). The editorial urged the County Board to take the steps necessary to make the Winnebago County Courthouse safer – including creating a single, secure entrance. The opinion piece quoted Sheriff John Matz as telling the County Board Judiciary and Public Safety Committee, “If we do nothing, we will continue to roll the dice in terms of what happens in our courthouse.” Milwaukee County Circuit Court Judge Daniel L. Konkol poses with his wife, Maureen, and daughter, Jackie, at Milwaukee’s annual St. The Minnesota Supreme Court is replicating Patrick’s Day parade. This year, the Konkols served as marshals, Wisconsin’s popular “What’s Happening in Court?” leading the parade in a horse-drawn carriage. 27

Chief Justice Court Ops soccer team Spring Shirley S. Abrahamson 2013 Director of State Courts A. John Voelker dominates the field THE THIRD BRANCH By Marcia Vandercook, Office of Court Operations Co-Editors Amanda K. Todd tarting in the Office of Court interesting,” said Wilson. “Everything Tom Sheehan SOperations and spreading like a I know about soccer really doesn’t Associate Editor virus throughout the court system, apply to this team.” Sara Foster spring soccer fever is here. Scout But the team’s fighting spirit has Carmel Capati, interpreter program attracted a loyal following (specifically Contributing Writers Hon. John P. Anderson manager, has made it her mission to Melissa Lamb, Judge Paul Van Deborah Brescoll talk to every woman of a certain age Grunsven, the players’ children, and Hon. John A. Damon and, with an artful combination of Sara Ward-Cassady’s parents). Fans Sara Foster flattery, shaming and bribery, has cite the growing ability of team Bonnie MacRitchie assembled a team that now competes members to keep running for almost Hon. Neal A. Nielsen in a weekly league at Breakaway the entire first half of the game. They Theresa Owens soccer field near Madison. also express admiration for Niki Beth Bishop Perrigo

The Third Branch The team is known as the Azkals, Leicht’s flying elbows and Bonnie Hon. Gerald P. Ptacek Susan Raimer which is Tagalog for “street dogs.” MacRitchie Titze’s intimidating Nancy Rottier And indeed this scrappy team defense. Tom Sheehan embodies the very essence of unloved Injuries have been something of a Amanda Todd and unwashed canines. problem. Julie Rich, Supreme Court Marcia Vandercook The league, limited to women ages commissioner, was injured when she A. John Voelker 30 and up, advertises itself as connected with a ball just as she was Thomas Van Whye “recreational.” Capati assured all her reaching her defensive peak. Amanda Editorial Advisor recruits that despite their limited Todd, court information officer, has Hon. Michael J. Rosborough experience (two played high school suffered a number of mysterious Vernon County Circuit Court soccer and one trains street dogs), they ailments. The official team motto is Graphic Design/Layout could be plausible competitors. “There’s no shame in ibuprofen,” and Sara Foster “That might have been a little team members have also found some optimistic,” Capati now admits, given success in pre-medicating with other The Third Branch is a the team’s 2-10-1 record. “I may have substances. quarterly publication of the underestimated [the physical effects of In the end, it’s all about love of the Director of State Courts aging].” But she insists that the team game, and donuts. “We’re not focused Office, providing news of has risen to the challenge, running up on traditional concepts of winning and interest to the Wisconsin court system. and down the Tenney Building stairs losing,” said goalie Amber Peterson. and conducting impromptu drills in the “Which is fine with me because I’m Send questions, comments, hall. not competitive at all.” n and article ideas to: The team is coached by Jacob Amanda Todd Wilson, policy analyst, and Luca Editor’s note: The author has declined Court Information Officer Willauer, educational specialist at repeated invitations to join the team, P.O. Box 1688 Madison, WI 53701-1688 Hamilton Middle School. “It’s been and seems impervious to shaming. phone (608) 261-6640 e-mail [email protected] fax (608) 267-0980

The Azkals (“Street Dogs”) soccer team features a number of court staff including, in the back row from the left: Amber Peterson and Niki Leicht from Court Operations; Supreme Court Commissioner Julie Rich; and (fifth from left) Bonnie MacRitchie Titze. Court staff in the front row from the left are: Carmel Capati, who organized the team, and Amanda Todd. Not pictured are two others from the Office of Court Operations: Deputy Director Sara Ward-Cassady and Jacob www.wicourts.gov Wilson, the team’s coach.