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The Third Branch Spring 2013

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The Third Branch Spring 2013 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.
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