Vol 10 No 3 H I G H L I G H T S Summer 2 Court financing to be studied 7 Volunteers in the Courts 2002 4 Eau Claire launches restorative justice 10 Wisconsin judges help to reform Chinese courts program 12 Three new judges take the bench 6 Sesquicentennial projects planned 14 People

Budget reform act Truth-in-Sentencing, part II means cuts for courts by Judge Michael B. Brennan, Milwaukee County Circuit Court by Deborah Salm, budget officer n 1998, the Wisconsin Legislature 2, page 18). The MR converter was n July 26, Governor Scott Ipassed, and the governor signed into chosen to maintain consistency in the OMcCallum signed into law 2001 law, 1997 Act 283, which brought maximum time an inmate can serve in Act 109, the budget reform act. The act Truth-in-Sentencing to our state for prison prior to first release. After took effect on July 30. McCallum intro- crimes committed on and after Dec. 31, applying the MR converter to initially place a crime in one of the new A-I duced the budget reform bill in 1999. The act provided the basic structure for determinate sentencing, but classes, the CPSC made adjustments so February in order to address an esti- a publication of the Wisconsin Judiciary a publication of the Wisconsin none of the details. Parole was abolished that crimes of similar severity are mated $1.1 billion deficit in the state's and felony sentences were restructured classified together. The exact placement general fund during the 2001-2003 bien- as bifurcated sentences consisting of a of each crime is discussed in the nium. The Legislature amended the bill term of confinement followed by a term CPSC’s report, which may be found at and passed it on July 5 after months of of extended supervision (ES). The act http://www.doa.state.wi.us/secy/index.asp deliberations to resolve differences also increased penalty ranges 50 percent between the Assembly and Senate ver- for all felonies to allow Other 'TIS II' changes sions. for ES, authorized the In a change since The act requires the three levels of judge to impose Truth-in-Sentencing took court to lapse the equivalent of 2.75 per- conditions on the ES effect, the maximum cent of their 2002-2003 funding. It also term, and required that amount of time an requires lapses equivalent to 3.5 percent the ES term equal at least offender may spend on in 2001-2002 and 6.25 percent in 2002- 25 percent of the term of extended supervision will 2003 from the Director of State Courts confinement. It also now be capped (see Office and Wisconsin State Law eliminated intensive Table 2, page 18). While Library. These result in a total lapse of sanctions as a fines play no role in the $2,375,900, and will require the court confinement option. disposition of most system to continue cost-saving measures To prepare the state felony cases, the statutes and state maximum fines are at all levels. The act also provides $10.7 Judge Michael B. Brennan million to the State Public Defender’s government for this adjusted as well (see Office to address a shortfall in private major change in criminal sentencing Table 2, page 18). While some penalty enhancers will bar funding. law, Act 283 created the Criminal Penalties Study Committee (CPSC). In be changed, those used most frequently, The act includes a proposal by the August 1999, the CPSC issued a lengthy such as committing a crime while armed governor to increase the court support report with appendices and draft (Wisconsin Statutes § 939.63), will services fee by 30 percent. This fee is legislation. But the CPSC’s work stalled remain the same. The CPSC applied the collected on most civil filings and for- in the Legislature. The recently enacted MR converter to the terms of feitures and the increase will apply to budget adjustment legislation, 2001 Act imprisonment under the habitual actions commenced on the effective 109, places into law nearly all of the criminality penalty enhancer statute, date of the act. The increase will gen- work of the CPSC, with one Wis. Stat. § 939.62(1), and opted to erate approximately $8.1 million annu- controversial addition. incorporate lesser-used enhancers into ally in revenues, to be deposited into the an omnibus statute identifying state’s general fund. The governor pro- Code reclassification aggravating circumstances that the judge posed the fee increase as a means to The present system of six classes of must consider at sentencing. While such exempt the circuit courts, Court of felonies is expanded to nine (A through a sentencing aggravator may be Appeals, Supreme Court, and State I; see Table 1, page 18) to allow for considered to impose a heavier Public Defender’s Office from further more precise classification of the sentence, it does not affect the budget reductions; however, as noted approximately 500 felonies in the maximum possible sentence. Wisconsin statutes. Initially, crimes To increase the judge’s sentencing The Third Branch above, the Legislature amended the leg- islation to require additional lapses. were placed in the new A-I discretion, 2001 Act 109 removes some The act leaves funding provided in classification system by determining mandatory and presumptive minimum the biennial budget for state employee mandatory release date (MR) under pre- sentences. The law maintains the pay increases in 2002-2003 (the 2000 law when a court imposes the general rule for calculating the Assembly version of the bill would have maximum sentence. As a general rule, maximum punishment for attempted crimes at one-half the maximum for deleted this funding), effective July 1 MR is fixed by statute at two-thirds of the sentence actually imposed (see Table completed crimes. It also provides that see Budget on page 9 see TIS on page 18 www.courts.state.wi.us Summer 2 2002

THE THIRD BRANCH ! ! ! subcommittee atitsMaymeeting. Shirley S. Abrahamson tocreatethe approved aproposalbyChiefJustice Subcommittee. PPAC unanimously Committee (PPAC) CourtFinancing Planning andPolicy Advisory the timingcouldn’t bebetterforanew future fundingfor Wisconsin courts,so M by DanWassink, seniorpolicyanalyst system PPAC totake lookat court adollars-and-cents The PPAC PlanningSubcommittee, The state’s budgetdeficitisforcing The Governor’s Blue-Ribbon Among thedevelopments: stated, inpart,that:“Thefrequency facing thecourtsystem. The report one ofthefourmostcriticalissues courts, identifiedcourtfundingas Supreme Courtanddirectorofstate in itsMarch2002finalreporttothe to localmunicipalities. future reductionsinsharedrevenue the courtstoabsorbbudgetcutsand to addressthatconflict. meeting andmightsuggestmethods Government nowhasbegun Force onState andLocal new Task Commission faced.” A enue asthetoughestproblem inal justicerankswithsharedrev- ship inhumanresourcesandcrim- “conflict inthestate-localpartner- Kettl, chair)lastyearsaidthatthe Commission forProfessorDon (better knownastheKettl Partnerships forthe21stCentury Commission onState-Local Interpreter training schedule training Interpreter secutive days. The scheduleisasfollows: ships areavailable.Eachsessionwillrun8:30a.m.to5p.m.on two con- that couldsignificantlyimpact any factorsarecomingtogether $125feecoversthesessions,lunches,andmaterials.Somescholar- A aio November 22-23 October 25-26 Madison September 13-14 Appleton Wausau August17-18andNovember8-9 September Eau Claire Milwaukee 27-28 written, thesubcommitteewillinclude: selected atthetimethisarticlewas While somemembershadnotbeen determine subcommitteemembership. ices throughoutthestate. to promoteefficient anduniformserv- sible, andeffective fundingmechanisms these issuesandidentifystable,respon- Subcommittee memberswillstudy ences fromcountytocounty. varied rangeofservices,withdiffer- a financingstructurethatresultsin split betweenthecountyandstate– sibility forfundingthecircuitcourtsis will betoexaminethewaythatrespon- The functionofthenewcommittee PPAC conductedamailballotto this discussion.” courts shouldplayanactiverolein resources tooperateeffectively. The and courtslookforsufficient function responsibility fora‘state’ look forwaystoreducelocal funding haveincreasedascounties and intensityofthecallsforstate ! ! ! ! Two clerksofcircuitcourt Two circuitcourtjudges Two chiefjudges(EdwardR. One districtcourtadministrator Portage County) County; BernadetteFlatoff, (John Barrett,Milwaukee Oneida County) County; RobertE.Kinney, (Jeffrey A. Conen,Milwaukee Vernon County) Michael J.Rosborough, Brunner, BarronCounty; see PPAC on page 5 sessions getunderway training Interpreter [email protected]. (608) 261-7550or the OfficeofCourtOperationsat sessions, contact JosephineXiongin For moreinformationonthetraining Services. Developments Office ofRefugee Department of Workforce funded withafederalgrantthroughthe Arabic, Somali,Polish,andmore. Laotian, Vietnamese, Punjabi,Hindi, Spanish andHmong,butalsoRussian, preters whocanspeaknotonly increasingly mustfindqualifiedinter- As aresult,the Wisconsin courts are continuingtogrow, atarapid rate. immigrant populationsalsogrew, and populations doubled.Manyother 2000, Wisconsin’s Hispanicand Asian the U.S.census,between1990and translation inthecourts. According to Office toimproveinterpretation and tiative oftheDirectorState Courts preters. lawyers, andexperiencedcourtinter- judges, districtcourtadministrators, in-depth training. The faculty includes of courtinterpreting,ratherthanasan as anintroductiontothecomplexities preter skills. The sessionsareintended exercises willhelptodevelopinter- preting skills.Smallgrouppractice court procedure,andbasiclegalinter- ethical conduct,legalterminology, tions ofthecourts,withemphasison an overviewoftheneedsandexpecta- sions aredesignedtogiveparticipants education programs. preters areslatedforupcomingjudicial tions tojudgesonworkingwithinter- general public.Inaddition,presenta- to participate,asaremembersofthe the Wisconsin courtsarebeinginvited tion. Peoplecurrentlyinterpretingin learning moreaboutcourtinterpreta- November forindividualsinterestedin Wausau frommid-Augusttolate Eau Claire,Madison,Milwaukee,and will holdtrainingsessionsin Appleton, The trainingsessionsarebeing The programispartofabroadini- The two-daypublictrainingses- The DirectorofState CourtsOffice " W annual conferenceinPortland,Ore. court systemattheJuly23NACM the awardonbehalfof Wisconsin Security Training Committee,accepted and servesaschairoftheCourthouse Steadman, whoisbased inLaCrosse effectiveness. creativity, andcost cation possibilities, their innovation,repli- judged onthebasisof The entrieswere Achievement Award. gram fortheJustice world selectedthepro- entries fromaroundthe mittee thatreviewed35 seven-person com- State Governments. A from The Councilof Innovations Award finalist forthe2002 and isaregional Management (NACM) Association forCourt from theNational Achievement Award 2002 Justice manual, haswonthe a seriesofworkshopsandtraining NACM honors Moran NACM Moran honors winsawards Program SecurityTraining Courthouse Wisconsin's J. DenisMoran levels andtypes of courts. the world,withmembers fromall of courtmanagementprofessionals in tion. NACMisthelargest organization to theprofessionofcourtadministra- tice byprovidingdistinguishedservice has improvedtheadministration ofjus- presented annuallytosomeonewho NACM Award ofMerit. The awardis District Court Administrator Steve Training Program, comprisedof isconsin’s CourthouseSecurity award, the individual most prestigious Moran withits Courts J.Denis Director ofState presented (NACM) has Management Court Association for Program. Courthouse SecurityTraining information onWisconsin's Steadman setupaboothtoshare Court Managementmeeting. recent National Association for the at Justice AchievementAward Steven R.Steadman displaysthe District SevenCourt Administrator The National and weaknessesofthecourthouse improvements, analyzingthestrengths oping lowcostandnosecurity to generalsecurityprinciples,devel- The basiccomponentsare:orientation staff intheirrespectivedepartments. security andenableparticipantstotrain justice, andmadethetripwithout Voelker, executiveassistanttothechief Steadman workedcloselywithJohn southern California. after acareerinlawenforcement in degree at Temple Universityin1975 Philadelphia. Heearnedhislaw as adeputycourtadministratorin tive structure.” education, andthedistrictadministra- Court RecordkeepingProject,judicial Automation Programs(CCAP),Model including theConsolidatedCourt tives toimprovecourtadministration, ship andexcellenceinnumerousinitia- said Moran“hasdemonstratedleader- recover wellfromsurgery. on leavesinceMarch,andcontinuesto court systemsince1978.Hehasbeen administrative headofthe Wisconsin From 1973to1978,Moranserved In announcingtheaward,NACM Moran, 60,hasservedasthe see committee to efforts oftheentire leadership andofthe are proudofSteve’s Abrahamson. “We Justice ShirleyS. Award,” saidChief Achievement gram withtheJustice nize oursecuritypro- has chosentorecog- delighted thatNACM dollars. “We are expenditure ofstate upgrade courthouse vigorate efforts to was createdtorein- Training Program Courthouse Security houses.” our state’s court- improve thesafetyof Security " The Wisconsin on page 5 Director ofState Courts Office by JenniferMiller, courtinformationintern Trust andConfidence for onPublic award work Judge Troy wins Chief to everreceivethis award. cials believethat Troy istheonlyjudge interest tothepresident. State Baroffi- helped carryoutprogramsofspecial dent toselectedindividualswho have given eachyearbytheState Barpresi- Convention. The President’s Award is Luncheon duringthe2002State Bar Recognition award attheMembers’ W. Mowrispresented Troy withthe Troy said. tionship withthepublicthatweserve,” continue toworkonimprovingtherela- forum. tion andinaMadisoncommunity lawyers atthe2002State BarConven- pated inaprogramforjudgesand Law CenterinSanFrancisco,partici- sents incarceratedyouthatthe Youth and Equity. Bell,anattorneywhorepre- Institute forJuvenileJusticeFairness Bell, directorofthe W. HaywoodBurns programs onjuvenilejusticewithJames mittee recentlyorganized follow-up system. pressing issuesfacingthejustice ment ofanactionplantoaddress former civillitigants;andthedevelop- criminal offenders, formerjurors,and including focusgroupswithformer Troy hasoverseenvariousactivities, Wisconsin Leagueof Women Voters, Justice, andthe Office oftheChief Courts Office, the Director ofState State Bar, the lead thiseffort bythe than twoyearsagoto he said. answering questionsfromthepublic,” and Iareasthoroughpossiblewhen sensitive tomakingsurethatmystaff actions inhiscourtroom.“Iammore that theexperiencehasaffected his problem insociety,” Troy said,adding disciplines totryaddressasignificant tive. Confidence intheJusticeSysteminitia- Award forleadingthePublic Trust & received theState Bar’s President’s Outagamie CountyCircuitCourt,has Former State BarPresidentGerald “I hopeboththeBarandcourts Under Troy’s direction,thecom- Recruited more “It wasstimulatingtoworkacross Chief JudgeJosephM. Troy, " initiative. Trust &Confidence ship onthePublic for Troy's leader- President's Award Troy withthe2002 Judge JosephM. presents Chief W. Mowris(left) President Gerald Former State Bar THE THIRD BRANCH 2002 Summer 3 Summer 4 2002

THE THIRD BRANCH nity, helpvictimsrecover, andpromote to reconnecttheoffender to the commu- the criminaljusticesystembyhelping forms, andhavebeenfoundtoenhance process. These programscantakemany opportunities toparticipateinthejustice of thecommunitybygivingthem the roleofcrimevictimsandmembers begin in August. face forafacilitateddialogue–will brings victimsandoffenders face-to- victim-offender conferencing,which liaison officers. The firstproject– training inconflictresolutionforschool service optionsforjuveniles,and teen court,expansionofcommunity conferencing, victimimpactpanels,a juveniles thatwilloffer victim-offender hensive restorativejusticeprogramfor T Form acommunityadvisoryboard. took twoyearsofhardwork.Herearethekeysteps: the programin future. supporting arestorative justiceeffort andinparticipating session, theboarddevelopedalist ofpeopleinterestedin leader intherestorativejusticemovement. Followingthe Brunner, BarronCountyCircuit Court,whohasbeena restorative justiceprogram,andChief JudgeEdwardR. and ConnieDoyle,whorunBarron County’s successful interested citizens. The presentersincludedPolly Walner intake workers,police,andotherprofessionals members ofthecountyboardandcitycouncil,juvenile attorneys, educators,thevictim/witnesscoordinator, approximately 80peoplewhoshowedupincludedlocal might eventuallybeinvolvedintheprogram. The organized apublicinformationsession,invitinganyonewho Claire, aplanningsubcommitteeoftheadvisoryboard Schedule apublicinformationsession. community members. Reserve Judge Thomas H.Barlandisoneoftheboard’s K. Stark servesaschairofthe16-member boardand Claire communityadvisoryboard.InEauClaire,JudgeLisa an interestintheeffort suchasthoseparticipatingintheEau the effort. To formaboard,contactgroupsthatmighthave partnerships, seekgrants,managestaff, andgenerallysteer Claire boarddraftedbylawsandcontinuestodevelop communities, andothermembersofthepublic. The Eau representatives ofnon-profitorganizations andminority victims orvictimservicerepresentatives,clergy, might includejudges,attorneys,lawenforcement,educators, Seven key steps launchesEau Claire restorative justiceprogram LEADERSHIP Building theEauClaireRestorativeJusticeProgram Restorative justiceprogramselevate has developedaplanforcompre- he EauClaireCountyCircuitCourt Membership ordered aspartofadispositionorcon- offender conferencemightbe court- prior tobeingcharged, oravictim- nile mightbedivertedintotheprogram juve- non-violent juvenileoffenders. A the programwouldinitiallyfocuson Justice Program’s Advisory Board,said of theEauClaireCountyRestorative tive justiceprogramandservesaschair leader intheeffort toestablisharestora- the idea. gram; andDodgeCountyisexploring recently receivedagranttobuildpro- grams; Vilas County–likeEauClaire have developedrestorativejusticepro- Barron andOutagamiecountiesalready Justice &Peacemaking.In Wisconsin, operates theCenterforRestorative where theUniversityofMinnesota tice isusedextensivelyinMinnesota, offender accountability. Restorativejus- In Eau Judge LisaK.Stark, whohasbeena provided. continued evaluationoftheeffectiveness oftheprograms project andbuildonthat.Proceed withanemphasison Implement theprogram. for 25interestedpeople. program toprovidetraininginrestorativejusticeprinciples brought backthepeoplewhorunBarronCounty advisory boardsecuredagrantofapproximately$1,300and the firstprojectsofanewprogram.InEauClaire, Organize atrainingsession. space andactsasfiscalagentfortheproject. partner withGoodwillIndustries,whichprovidesoffice coordinator ofvolunteers. The boardwasalsoableto coordinator andselected Tricia Lenzasapart-time victim/witness coordinator, LorenBennesch,asprogram hired toruntheprogram.EauClaireaformer Hire staff. money paysforstaff andoffice equipment. down grantfromtheOffice of Justice Assistance. The applied forgrantfundingandsecuredathree-yearstep- Find funding. established, successfulprograms. what totryfirst.EauClairefocusedonreplicating victim impactpanels,teencourts,andmore–decide study variousoptions–victim-offender conferencing, subcommittee, chairedbyJudge William M.Gabler, to Decide onaprogram. " Once grantfundingissecured,staff mustbe The EauClaireCountyCircuitCourt courts, wedon’t wanttousecounty this isunderthesupervisionof Office ofJustice Assistance. “Although approximately $150,000fromthe for thefirstthreeyears–withagrantof planned ( include adultcases.” said. “Ultimatelywe’regoingto victim-offender conferencing,”Stark amenable –asarethevictimsto they arevery because juveniles impact with make an tunity to best oppor- we havethe “We think sent decree. Eau Clairesetupaplanning The programhasbeencarefully Begin theeffort withone see sidebar This willlikelybeoneof see Judge LisaK.Stark Leadership ) andisfunded– on page 9 5

Summer La Crosse County Circuit Court participates in national research project 2002

he La Crosse County Circuit program ensures that the whole THE THIRD BRANCH TCourt is one of six courts in picture is available for the judge the nation selected to participate in to make an informed decision. a joint effort to create a guidebook Strong judicial leadership guaran- to help improve outcomes for fam- tees more collaboration and expe- ilies and children. The other known dited review of cases. The court sites are Reno, St. Louis, and also was selected on the basis of Kansas City, MO. Two sites are the high level of collaboration still being selected. A task force of among judges, court staff, the researchers is studying the courts District Attorney’s Office, Child at the sites to compile a set of con- Protective Services, and defense crete measures for court perform- attorneys. ance and judicial workload in In examining the La Crosse dependency cases. The self-assess- program, the researchers inter- ment tools will be tested in the viewed each judge, observed fall in several courts around the Mary Durkin (seated) and Brenda Ueckert, both of the court proceedings, and reviewed National Center for State Courts, meet with Judge nation and will then be compiled case files and case processing. Ramona Gonzalez (center) to review La Crosse into a Self-Assessment County's program for improving court outcomes for fam- They also held focus group dis- Guidebook, expected to be avail- ilies and children. cussions with prosecutors, the able in 2003. corporation counsel, child protec- All of the courts chosen have improved the administration tion workers, and defense attorneys. In addition to con- of child abuse and neglect cases in various ways. The La tributing to the final product, the La Crosse courts will receive Crosse County Circuit Court was chosen as a site because of an assessment designed to help them fine-tune their own pro- its outstanding Unified Family Court Program. The program gram. This is expected in late summer. began as a pilot in 1998 and was made permanent last year. It The project, funded by The David and Lucile Packard has been recognized for reducing the number of child abuse Foundation, is a collaboration of the American Bar and neglect jury trials as well as the number and duration of Association, the National Center for State Courts, and the out-of-home placements of children. By assigning all of the National Council for Juvenile and Family Court Judges. " cases that one family might be involved in to one judge, the

PPAC continued from page 2 Security continued from page 3 (Steven R. Steadman, physical plant, and adult education techniques. The District Seven) program, which has captured interest from around ! One county executive the nation as a model for implementing courthouse ! One county board chair security, has held training sessions in 10 cities ! A Supreme Court justice around the state since last September. Individuals (David Prosser Jr.) selected to attend the training – a total of about 400 ! A director of state courts statewide – have represented all branches of govern- representative (Deputy ment involved in courthouse security issues. Director Patrick The program, developed by the Wisconsin Patrick Brummond Brummond) Sheriff’s and Deputy Sheriff’s Association, U.S. ! A public member (Oscar Marshal’s Office, Office of the Chief Justice, Boldt) Director of State Courts Office, and Fox Valley ! A staff person (Budget Technical College, is supported by a $167,000 grant Officer Deborah Salm) from the Office of Justice Assistance (OJA). The Justice Achievement Award has been given The court financing subcommittee to one outstanding program each year since 1988. will likely begin meeting late this Recent winners include the Elder Justice Center in summer after PPAC convenes in Tampa, Fla., which brings together under one roof August. " Deborah Salm all the agencies that provide medical, social, and legal services to older adults; the Mobile Self-Help Center in Ventura, Cal., which provides legal assis- tance and information in neighborhoods that are far away from the courthouse, and Courtroom 2000, Los Angeles Superior Court’s multi-language, interactive Web site for teenagers. " Edward V. Whiton Chief Justice Summer Crawford Justice Samuel 6 2002

THE THIRD BRANCH arate SupremeCourt.In1852,theLegislaturevotedtocreate for fiveyears,andthenwouldhavetheoptiontocreateasep- “Supreme Court.” The newstatewastomaintainthissystem by 1848therewerefive–onceayearinMadisonas This systembroughttogetherthestate’s circuitcourtjudges– system thathadexistedinthe Wisconsin Territory since1836. the constitutionalconventiondecidedtopreserveappellate – oncewasseveralstepsbehindtherestofstategovernment. the Court–whichwillcelebrateits150thanniversaryin2003 trative businessinopensession.Soit’s hardtoimaginethat States (andquitepossiblytheworld)toconductitsadminis- the nation,anditremainsonlyhighcourtinUnited innovative courttechnologysystemthatisnowamodelfor comed automationandchampionedthedevelopmentofan the firstinnationtopermitcamerascourtrooms,itwel- A ways duringtheCourt’s 150thanniversaryin2003: ebrated (withouttheuseofanystatedollars)inavariety The Court’s richandcolorfulhistorywillbeexploredcel- term. The memberwiththemostseniorityischiefjustice. elected inanon-partisan,statewideracetoserve10-year Bradley andMadison Attorney. Joseph A. Ranney, anauthor upon theinterests oftheaudiences.Justice Ann Walsh subjects willrelate tothelaw, butwillvarygreatlydepending organizations andprofessionalgroupsaroundthestate. The Articles andpresentations eral public. lication ofthebook,whichwillbe offered forsaletothegen- Historical Society, andtheState Bararecollaboratingonpub- and redesignedfor2003. The SupremeCourt,theState by the Wisconsin SupremeCourtin1998,isbeing updated T Supreme Court gears upfor sesquicentennial gears Court Supreme book new courtandserveduntil1859. was narrowlyelected.Henamedchiefjusticeofthe a circuitjudge.Heranas Whig against aDemocratand the onlymemberofnewcourtwhohadalsoservedas 31 andsettledinJanesville,was to the Wisconsin Territory atage Massachusetts nativewhomoved Edward V. Whiton on theCourtuntil1859. to theSupremeCourt.Heserved Milwaukee untilhis1853election native whopracticedlawin Abram D.Smith Samuel Crawford Supreme Court: people ofthestateelectedmembersnew whom wouldbechiefjustice. The following year, the a SupremeCourtthatwouldhavethreemembers,oneof until 1855. moving toMineralPoint, Wis. HeservedontheCourt established asuccessfullawpracticeinGalena,Ill.,before When Wisconsin becamethenation’s 30thstatein1848, Today, theCourthassevenmembers,eachofwhomis been aheadofitstimeonmanykeyissues.Itwasamong he Wisconsin SupremeCourtisaninstitutionthathas entitled Portraits ofJustice , aNew York , anativeofBallibay, Ireland, who , a are beingarrangedwithservice , whichwasfirstpublished Smith D. Justice Abram short A Superior, EauClaire,LaCrosse. Green Bay, Wausau, Rhinelander, Waukesha, Milwaukee,Oshkosh, Madison, Janesville,Racine, ties beginninginJanuary2003: Capitol) inthefollowingcommuni- county courthouses(andthestate spend approximatelyonemonthin exhibit istentativelyscheduledto Wisconsin HumanitiesCouncil. The Milwaukee BarFoundationandthe with grantfundingfromthe Supreme Courtwillbedeveloped famous casesofthe Wisconsin A Magazine ofHistory piece willruninthe lights frominterestingcases. The Court’s first150yearswithhigh- appear in2003,anoverviewofthe one ofthefirstarticlesthatwill and legalhistorian,collaboratedon traveling exhibit The Legal History Committee History Legal The Madison Remington, Washington, D.C.; Atty. John Skilton, Atty. JoanBrightRundle,Madison; Atty. Michael Edward Reisner, Universityof Wisconsin LawSchool; Wisconsin; Atty. JosephRanney, Madison; Atty. Gerald Mowris,past-president,State Barof Services, State HistoricalSocietyof Wisconsin; Atty. School; BobbieMalone,director, Office ofSchool rian; ProfessorGordonHylton,MarquetteLaw Letters &Sciences;JackHolzheuter, Wisconsin histo- Michael Goodman, Wisconsin Academy of Arts, Cleary, Milwaukee; Atty. CharlesCurtis, Madison; Historical Societyof Wisconsin; Atty. Catherine Wisconsin; J.KentCalder, editorialdirector, State George Brown,executivedirector, State Barof Ann Walsh Bradley, Wisconsin SupremeCourt; president, State Barof Wisconsin (co-chair);Justice Shirley S. Abrahamson (co-chair); Atty. PatBallman, Sun Prairie. The membersareasfollows:ChiefJustice approximately everyquarterattheState BarCenterin judges, lawyers,academics,andhistorians.Itmeets utive assistanttothechiefjustice. Director ofState CourtsOffice; orJohn Voelker, exec- Wisconsin; Amanda Todd, courtinformationofficer, Rossmiller, publicaffairs director, State Barof State Bar’s 125th.Formoreinformation,contactDan both theSupremeCourt’s 150thanniversaryandthe President PatBallman,issteeringthecelebrationof by ChiefJusticeShirleyS. Abrahamson andState Bar The LegalHistoryCommitteeiscomprisedof The Wisconsin LegalHistoryCommittee,chaired video " might alsotellaboutSupremeCourthistoryby . showcasing Wisconsin see Sesquicentennial Ranney Atty. Joseph A. Bradley Walsh Justice Ann on page 11 7

VOLUNTEERS IN THE COURTS Summer 2002 Volunteers bring diverse perspectives to OLR committees by C. Colleen Flesher, administrative assistant to the Supreme Court THE THIRD BRANCH he more than 200 volunteers who serve on district com- edge to the process while the non- Tmittees around the state, assisting the Office of Lawyer lawyers - business executives, farmers, Regulation (OLR) with certain investigations into possible beauticians, realtors, retirees - bring attorney misconduct, are getting busier. OLR Director Keith their life experiences and their perspec- L. Sellen is increasing the number of cases referred to the dis- tives as consumers of legal services. trict committees so that each member will handle a minimum The Supreme Court appoints the mem- of one to two cases per year. Sellen hopes that handling more bers after the Court’s Appointment referrals will give the volunteers greater familiarity and com- Selection Committee screens appli- fort with the process, helping investigations run more cants. smoothly. The Supreme Court created the new Improving the process also means offering easier access lawyer regulation system in October to resources such as the American Bar Association Model 2000 to replace the Board of Attorneys Newly appointed Sanction Standards, and providing additional – and improved Professional Responsibility (BAPR). The district committees members of the – training sessions. Sellen organized educational sessions for were a component of BAPR that was left intact (with some Office of Lawyer district committee volunteers at the State Bar Convention in modifications) to ensure continued local input into the griev- Regulation's dis- trict committees Madison last May, and traveled to Milwaukee, Rice Lake, and ance process and provide both complainants and respondents met in Madison Wausau to offer similar trainings. He is currently planning with a convenient, economical means of peer review. for training. sessions for other communities to be held in the coming year. District investigative committees meet upon the call of the Wisconsin is Communication has also been increased between the court chair. The committee in Milwaukee averages 10 meetings per divided into 16 staff and the district committees. “More communication year with each meeting lasting about an hour and a half. In districts for pur- between the staff investigator and committee investigator smaller communities, the committees meet quarterly. An addi- poses of lawyer helps clarify the issues and improve the timeliness and quality tional time commitment is necessary during the actual investi- regulation, and a committee com- of our collective work,” Sellen said. gations, when committee members conduct interviews and posed of lawyers perform research. The system and non-lawyers serves each dis- There are 16 district committees around the state, and The process trict. The commit- each, to the extent feasible, is composed of one-third non- When a district committee receives an assignment, both tees assist in the lawyers. The lawyer-members bring a breadth of legal knowl- the grievant and respondent are interviewed. Following this, investigation of see OLR on page 8 certain cases, Teen courts grow in popularity helping to give Judges are increasingly making use legal terminology; teens volunteer as which he and other adults volunteer to local input in the of creative options for dealing with teen defense and prosecuting attorneys and work with a teen in a group effort to grievance offenders. In just three years, Wisconsin jurors (may also serve as bailiff and make the teen accountable for his/her process and to provide a more has more than doubled its teen courts, clerk). actions. Requirements of the contract convenient, eco- from 15 in 1999 to 32 in 2002, and a may include drug testing, community Youth Judge Model: similar to Adult nomical way for number of counties are looking at service, and improvement in school Judge Model, but a teen serves as the grievants and restorative justice programs as well (see attendance or grades. Parents and a rep- respondents to judge. separate story). Choosing the option resentative from the teen’s school must be heard. that will work best for an individual Tribunal Model: teens serve as defense also sign the contract. Training consists offender, and for the victim and the and prosecuting attorneys to present Many communities have not started of presentations, families depends upon the personalities cases to panel of teen judges that deter- teen courts because the volume of cases a video, a walk through the of those involved and on the circum- mines the sentence. is too heavy or they lack resources. In process using a stances of the case. The Capital Times the traditional court setting, judges have But supporters of teen court say no scenario, and in Madison recently featured some pro- had success issuing sentences that matter which model is used, the key to problem-solving grams for teen offenders and talked to include fines and community service in small groups. deterring offenders is the creative sen- municipal judges about the pros and blended with an in-court lecture. Judge tencing that teen courts can offer. For cons of each. Shelley J. Gaylord, Madison Municipal example, a teen convicted of shoplifting Teen courts take a number of dif- Court, pointed out that often enough the may have to write a letter of apology to ferent forms, but each harnesses the teen is simply not interested in doing the store, perform community service, strength of peer pressure as a powerful more. But, she said, “if they show up, I and pay back the merchant. Generally, deterrent. Teen courts generally serve have an opportunity to work with the sentence also includes volunteering first-time, non-violent offenders them.” " as a juror, lawyer, or judge in a future between the ages of 12 and 16 who are session of the teen court. The Wisconsin court system Web site willing to plead guilty to the charge. Another sentencing option is to have provides extensive information on The most common models are as fol- the offender agree to a contract with a starting a teen court and gives links to lows: judge until the offender reaches age 17. state and national teen court resources. Adult Judge Model: an adult judge Judge Hamdy Ezalarab, Fitchburg The teen court page may be accessed at http://www.courts.state.wi.us/media/Vol_ rules on court procedure and clarifies Municipal Court, created a program in Nwsltrs/Teen_Courts_9-00.htm#5. 8

Summer VOLUNTEERS IN THE COURTS 2002 OLR continued from page 7 Litigants find solutions with help THE THIRD BRANCH from law students investigators interview other necessary witnesses and collect “Truth,” Oscar Wilde wrote, “is rarely pure and never other evidence that is relevant to the issues and necessary to simple.” Had the playwright not died more than a century determine the facts. Sometimes, this can take months to com- ago, he might have been commenting on the drama that plete. When the investigation is finished, the case is discussed unfolds on a typical Monday morning in Room 400 of the with the committee and a decision is made about whether an Milwaukee County Courthouse. It’s small claims morning ethical violation occurred, and if so, what sanction might be and, by 9 a.m., every seat in the cavernous courtroom is appropriate. Many times during an investigation, complaints taken. Latecomers stand in a line that snakes out into the hall. are withdrawn or issues are resolved. Their cases, in the words of veteran mediator and former Once the committee finalizes its findings, a copy of the judge Gary Gerlach, “are much more difficult than business report is given to the grievant and respondent attorney, who disputes involving millions of dollars.” They pit brother may respond to the report in writing. OLR staff reviews each against sister, grandmother against granddaughter, colleague report and any responses before determining how to resolve against colleague, friend against friend. They are all about the grievance. money, but not really. Really, they are about broken promises, deceit, jealousy, embarrassment, revenge. The people In a hallway just off the courtroom, Marquette Law Members of the committees find the experience to be very School Distinguished Professor Janine P. Geske and her assis- rewarding. Shel Gendelman, a former director of the Military tants – all volunteers who are trained mediators – give last- Police Criminal Investigation Detachment who is now semi- minute advice to the eight law students who are preparing to retired, has served on the District 2 committee in Milwaukee take center stage. Geske started the Small Claims Mediation for a year and a half. Like many OLR volunteers, he is active Project in 1998, soon after leaving the Wisconsin Supreme on a number of fronts in his community. He is president of Court. As a former Milwaukee County Circuit Court judge, the Milwaukee Area Technical College Foundation Board, Geske knows that some lessons are best taught by interaction serves as a reading tutor in the Milwaukee Public Schools, with real litigants. and helps out as an arbitrator for the Better Business Bureau. For three hours, the students mediate small claims matters “I am very impressed with the thoroughness of the [OLR] that Court Commissioner George W. Greene screens and investigations,” he said. “And the professionalism.” determines to be appropriate for mediation. The students work Gendelman is one of three non-attorneys on the eight-person in pairs, one mediating and one observing, and reverse roles subcommittee. He finds that the mix of attorneys and non- each week. Donating their time, trained professional media- attorneys produces insightful questions that he believes might tors supervise the mediation sessions. After the concurrent not be brought if there were only attorneys on the committee. sessions, the group meets to debrief. Gendelman acknowledges that the attorneys do most of The debriefing session reveals, at least on this day, a suc- the research and he commends them for the time they commit cess rate of 100 percent. But, as Geske is quick to point out, and the seriousness with which they treat each case. that is not what really matters. What matters is the learning, Atty. Paul Gagliardi has served on the committee in and much of that occurs when the students share their stories District 1 for more than 14 years and is currently the chair. with Geske, the professional mediators, and one another. One He believes the volunteer service is worthwhile. “It keeps student tells of a tenant who was convinced that her landlord [lawyers] in touch with their code of conduct and how people hung cobwebs and spread dirt in her apartment so he could feel about their lawyers,” he said. He also agrees that having keep her security deposit. Then there is the story of the family the non-lawyers on the committee is invaluable. that wanted to honor their departed mother by having her While Gagliardi has seen some changes since he started on smiling picture etched onto her headstone. When the result the committee, the work has largely remained the same. One was too solemn looking, they complained – and the artist of the greatest challenges for the committees responded by adding Chicklet-like he said is “assuring the public that this way is teeth to the image. They, too, objective” and the committee is “applying the reached an accord through the rules.” " mediation project. For additional information on the OLR go to The morning wraps up with a http://www.courts.state.wi.us/olr/. Lawyers and non- discussion of issues such as lawyers interested in serving on a district com- whether mediators should nod, how mittee should send a letter and resume to: Cornelia they should position themselves in Clark, clerk of the Supreme Court, PO Box 1688, their chairs, and timing caucuses (private meetings with each side). Madison, WI 53701-1688, or fax to Clark's atten- Volunteer supervisor Gary Gerlach, a former tion at: (608) 267-0640 or e-mail to: Milwaukee County Circuit Court judge, con- The students leave the courthouse [email protected]. Positions are gratulates Marquette law student Janet smiling as broadly as the litigants filled on a continual basis and resumes will be kept Dabney on successfully mediating her first they helped. They have experi- case. Gerlach and Professor Janine P. on file for consideration for future opportunities. enced what, for many seasoned Geske, the former Wisconsin Supreme Court lawyers, is the best part of the job: justice who started the mediation clinic, gave Dabney tips on how to fine-tune her skills for helping people solve their prob- future clinics. lems, reconcile, and move on. " 9

Leadership continued from page 4 Summer money to fund it if we can avoid that,” Program Director Loren Bennesch, a “This gives them a way to understand 2002 Stark said. former victim-witness coordinator with the impact of what they did.” A partnership with Goodwill a master’s degree in psychology, is the As a result of the conference if the THE THIRD BRANCH Industries already has proven invaluable Eau Claire projects only full-time staff offender agrees to perform restorative in administering the program. Goodwill person. She started work in March and type tasks, such as community service acts as fiscal agent, hires the project is assisted by a part-time volunteer or pay restitution, an ‘accountability employees (after the Restorative Justice coordinator, Tricia Lenz. Bennesch and mentor’ will help to see that it happens. Program’s Advisory Board selects Lenz have been busy making commu- These mentors, Stark said, will be vol- them), and donates the office space. The nity and agency contacts, training and unteers, including juniors and seniors grant pays for salary and office equip- getting set for implementation of victim from the University of Wisconsin, ment. “Goodwill has been wonderful,” offender conferencing. where students are required to perform Stark said. “The partnership has been Bennesch and Lenz will be involved, a number of community service hours just terrific.” Keith Wilk, chief oper- at least in the beginning, in each confer- in order to graduate. In addition to ating officer for Goodwill, is a non- ence. They will meet separately with the keeping tabs on the youthful offenders, voting member of the advisory board. victim and the offender to make sure Stark hopes they will be role models. He said Goodwill Industries of they are appropriate for the program After the victim-offender counseling Northcentral Wisconsin, which covers and will also invite the offender's par- is underway, other pieces of the pro- 33 counties, began its involvement in ents or guardians to be involved. After gram will be added. These will include restorative justice in Barron County, the screening, the conference will occur a project to combat bullying in the where Chief Judge Edward R. Brunner at one of several possible sites - the schools; an expanded community has led an effort to build peacemaking courthouse, the restorative justice office, service program that will permit juve- programs into the justice system. or the senior center – depending upon niles to do work that is meaningfully Goodwill now is involved with restora- the victim’s preference. related to the crime; a teen court for the tive justice programs in Barron, the Fox As the program grows, Stark said, Eau Claire School District; and victim- Cities, and Vilas County, and is “in the training sessions will be organized for impact panels. discussion stage” with judges in Dodge members of the community who would Stark said the agenda also includes County. The partnerships provide valu- like to act as volunteer facilitators. The producing a video to help people able publicity for Goodwill and an facilitators will be trained to suggest a understand restorative justice. It will be opportunity for the organization to con- variety of ways that the offender might distributed to “front-line people” such tribute to improving the quality of life make the victim feel whole, but the real as police, victim-witness coordinators, in the communities that it serves. value of the victim offender conference and social services providers, in addi- “When we go out into these communi- is the communication. “Oftentimes tion to being used in community pre- ties [to open stores], there are a lot of these kids have no idea what it means to sentations. " good things already going on and we have something taken from them, or don’t want to duplicate, but we do want something damaged or destroyed. It’s For more information on the Eau Claire to help,” Wilk said. never happened to them,” Stark said. County Restorative Justice Program, contact Stark at (715) 839-4809.

Budget continued from front page for non-judicial employees and July 22 the record to support the decision. session as SB 438, expand the definition for judges and justices. However, the Another change permits inmates serving of domestic abuse to include dating act deletes funding for length of service bifurcated sentences for Class C to E relationships and require that an injunc- payments, and court employees have felonies to petition the sentencing court tion hearing be held within 14, rather been notified that these payments will one time to adjust the sentence if they than seven, days. The act also extends not be made in 2002-2003. The act does have served at least 85 percent of the the maximum length of the injunction not require state employees to pay a term of confinement. Inmates serving from two to four years. higher percentage of their health insur- bifurcated sentences for Class F to I Out-of-home placements. These ance premiums, as was proposed by the felonies may petition once after serving provisions, similar to AB 809 that was Assembly. at least 75 percent of the term of con- introduced in the regular session, make Truth-in-Sentencing. The budget finement. Reserve Judge Thomas changes to Chapters 48 and 938 to con- act modifies the state’s bifurcated sen- Barland, who chaired the Criminal form these statutes to the requirements tencing (Truth-in-Sentencing) structure, Penalties Study Committee, said the of the federal Adoption and Safe largely according to the plan developed courts should be prepared to receive a Families Act of 1997 (P.L. 105-89). by the Criminal Penalties Study petition from every inmate allowed to The changes affect dispositional orders, Committee. However, the act includes file one (see the separate story by Judge consent decrees, changes in placement, some provisions not contained in the Michael Brennan for complete details child in need of protection and/or serv- original bill. One such provision on changes to Truth-in-Sentencing). ices (CHIPS) petitions, permanency requires the appellate court to reverse Domestic abuse injunctions. The plans and involuntary terminations of the sentencing decision if it determines domestic abuse injunction provisions, parental rights. " that there is not substantial evidence in which were introduced in the regular 10

Summer WISCONSIN CONNECTS TO THE WORLD 2002 Wisconsin judges help to reform Chinese courts THE THIRD BRANCH fter traveling nearly 7,000 miles Afrom Madison to Shanghai for a teaching assignment at the new Judicial Training Center, Chief Judge Michael N. Nowakowski needed sleep. But first, he had a dinner date with his Chinese hosts and, to his surprise, he became the evening’s entertainment. The group first called upon the jet-lagged judge to give an impromptu speech, and then pro- vided him with a pair of chopsticks for the meal. Nowakowski’s struggle with the chopsticks caused some mirth in the dining room, and prompted Jin Chief Judge Michael N. Nowakowski (front assured that the court system will be row, third from right) took a moment to Changrong, vice president of the available for resolving disputes in a pose with judges in China during his visit to Shanghai High People’s Court, to fair fashion,” Nowakowski said. support efforts to help reform the Chinese promise him “a certificate of achieve- China already has taken a big step courts. ment” if he could learn to feed himself by working to change how judges are the work that lies ahead. For by week’s end. The following day, trained. Until a few years ago, Red Nowakowski, a set of decorative chop- Nowakowski turned down a proffered Army officers and police took the bench sticks – presented in lieu of the prom- fork and, by the end of his stay, he was as a retirement job. Now, an increasing ised “certificate of achievement” for no longer eating his rice one grain at a number of China’s 200,000 judges are learning to eat properly – recalls the time. law school graduates. Next on the responsibility and the privilege of Chopstick proficiency was one of agenda is developing rules of evidence, helping to make history. " many lessons Nowakowski would take rules of civil procedure, and codes of away from the 10-day trip that was ethics for attorneys and judges. Madison hosts embassy arranged following an agreement Wisconsin judges (from both Dane librarians between the University of Wisconsin and Rock counties), lawyers, and law An estimated 24 librarians from U.S. Law School and the Chinese govern- professors are continuing to play a vital Information Resource Centers in 20 ment to help China improve its civil role in these efforts, not only by nations visited Madison in mid June to courts. In giving classes for 45 Chinese bringing their knowledge to China but learn about the court system, the leg- judges, he and UW Law School also by hosting Chinese judges here. islative process, and the Wisconsin Professor John Ohnesorge learned at The exchange is the result of a training State Law Library (WSLL). least as much as them imparted. “The agreement between the University of The librarians came from Costa teaching part of it was great fun,” Wisconsin Law School’s East Asian Rica, Ethiopia, Germany, India, Nowakowski said. “They asked incred- Legal Studies Center, the Office of Lebanon, Syria, Russia, Turkey, and ibly good questions, and they forced me Chief Justice Shirley S. Abrahamson, many other countries. They were guests to revisit fundamental ideas about why and the Shanghai High People’s Court. of the University of Wisconsin School we do what we do.” For example, he In July, 21 judges from Shanghai of Library and Information Studies, said, the Chinese judges were intrigued traveled to Madison for an intensive which works with the State Department by jury trials – something their court three-week program that included court- on a Foreign Service National system does not offer. “They wanted to room observation, lectures on settle- Education Program. know how we could entrust to common ment techniques for judges, handling District Court Administrator Gail citizens the power to decide cases pro se matters (with a special emphasis Richardson arranged a pizza lunch for involving scientific or complex ques- on small claims), judicial appointment the librarians with Dane County judges tions – and that’s a discussion that’s of counsel, judicial ethics, and alterna- and attorneys, and gave them an oppor- been occurring here in the U.S.” tive dispute resolution. tunity to observe court hearings as well. China has been engaged for two At the end of the Chinese judges’ Librarian Connie Von Der Heide gave a decades in an effort to reshape its laws visit, their Wisconsin hosts presented tour of the WSLL in its new, permanent and courts, but the country’s recent them with a group photograph taken home on the Capitol Square. admission into the World Trade outside the courthouse and inscribed The librarians are nationals of the Organization (WTO) provided a new with Chinese characters conveying a countries where the embassies are incentive for reform. The country’s message of friendship. The gift, now located. Their jobs involve helping involvement in the WTO will mean back in Shanghai, is an important com- people find information about the economic interactions – trading, joint memoration of the partners’ commit- United States, particularly government enterprises, and more – with foreign ment to the project and a reminder of countries. “The WTO wants to be information. " 11

THE NATION CONNECTS TO WISCONSIN Summer 2002

Law students from around the nation intern in Wisconsin courts THE THIRD BRANCH

his summer, 18 law students from schools Taround the nation are volunteering as interns Summer 2002 interns in 12 county courthouses and the Wisconsin Brown County Supreme Court. In its sixth year, the Volunteer Donald R. Zuidmulder Jonathan Smies, University of Michigan Summer Law Student Internship Program con- tinues to provide assistance to trial and appellate Clark County judges while also better preparing future lawyers. Jon M. Counsell Shari Post, Northern Illinois University Since its inception, the program has brought close to 200 students to courts in Wisconsin. Dane County Administered by Melissa Lamb in the Office John C. Albert Nick Toft, University of Michigan of Court Operations, the program invites law stu- Steven D. Ebert Ari Nissim, Tulane University dents to participate and matches applicants with Diane M. Nicks Kristen Healy, Chicago-Kent College of Law judges who have requested an intern. As in past years, most interns wanted to work in Dane and Door County Peter C. Diltz Sarah Malcore, Northern Illinois University* Milwaukee counties and some openings in rural D. Todd Ehlers counties went unfilled. The students are given a variety of tasks Iowa County based on each court's needs, including William D. Dyke Erin Ogden, Chicago-Kent College of Law researching and writing. Many interns also have an opportunity to observe judicial proceedings Kewaunee County and shadow legal professionals. Dennis J. Mleziva Sarah Malcore, Northern Illinois University* Chief Justice Shirley S. Abrahamson started the project in 1997 by writing personal letters about Milwaukee County the program to law schools nationwide. The Jean W. DiMotto Stephanie Searing, Marquette University internship offers students something that text- Victor Manian Thomas Christenson, Ohio Northern University books and classes cannot impart-a real-life expe- Kevin E. Martens Michael Pum, Appalachian School of Law rience of the justice system. " Dennis P. Moroney Jeff Reynolds, Syracuse University John Siefert Thomas Hogan, New England School of Law For more information or to participate next year, call the Office of Court Operations at (608) 266- St. Croix County Eric J. Lundell Patton Prunty, Vermont Law School 3121. Scott R. Needham Edward F. Vlack III Sesquicentennial continued from page 6 Vernon County highlighting famous cases. The proposed 7-minute Michael J. Rosborough Scott Nuttelman, Washington University video would run on a continuous loop in the Walworth County Wisconsin Supreme Court Hearing Room. James L. Carlson Meaghan Ring, Northern Illinois University John R. Race An oral history project will train volunteers to interview lawyers and judges who have long and Washington County colorful careers. The oral histories will be tran- Annette Ziegler Tracy Howell, University of Iowa scribed with the volunteer assistance of court reporters and will be made available to researchers Waupaca County at the State Historical Society. John P. Hoffmann Jenny Churas, Syracuse University Raymond S. Huber An end-of-the-year celebration might be organ- Philip M. Kirk ized by the Wisconsin Law Foundation as a fundraiser. The Law Foundation supports chari- Wisconsin Supreme Court table and educational programs (such as the high Shirley S. Abrahamson Megan Revercomb, University of Denver school mock trial program) that promote public understanding of the law, improvement of the administration of justice, and other law related *shared between Door and Kewaunee counties public service. " 12

Summer NEW FACES 2002 Judge John H. Priebe frequently in Green Bay Municipal Court, substituting for THE THIRD BRANCH Bayfield County Circuit Court Judge Mark A. Warpinski (now a circuit court judge). In early August, the gov- Kelley received his bachelor’s and master's degrees ernor appointed Atty. John H. from the University of Dallas and earned his law degree Priebe, of Priebe Law Office in from Marquette Law School in 1987. Prior to becoming a Rhinelander, to the bench in prosecutor, he worked in private practice and spent nearly Bayfield County. Priebe four years in the U.S. Navy’s Judge Advocate General’s replaces Judge Thomas T. Corps. He has a strong interest in teaching, and has taught Lindsey, who died in June at classes on business law, business ethics, criminal law, legal age 48 after a two-year battle writing for paralegals, and more. Kelley also has worked as with cancer. The appointee will a consultant to law firms and corporations teaching com- need to seek election to the seat puter skills. in April 2003. Kelley is married with seven children. Judge John H. Priebe Currently a sole practitioner, Priebe has practiced law for 22 years. Previously, he was a Judge Timothy M. Witkowiak partner in Johnson, Houlihan, Paulson & Priebe and was Milwaukee County Circuit Court, Branch 22 associated with O’Melia, Schiek & McEldowney S.C. On June 4, Governor Scott Priebe earned his bachelor’s degree in English from the McCallum appointed Atty. Timothy University of Wisconsin-Superior and his law degree from M. Witkowiak of Franklin to the the University of Wisconsin. He has been active in the State Milwaukee County Circuit Court. Bar and the Tri-County Bar Association (Oneida, Vilas, and Witkowiak replaces Judge William Forest counties) and also in the Rhinelander Zoning Board J. Haese who is leaving effective of Appeals and the Rhinelander Area Scholarship Aug. 1 after 22 years to return to lit- Foundation. igation work (see The Third Branch, Priebe is married to Rebecca, a review-and-release spe- spring 2002). cialist at Lincoln Hills School. The couple has four children. “I’m just thrilled. Couldn’t be happier,” Witkowiak said. He is a Judge Kendall M. Kelley judicial court commissioner and a Judge Timothy M. Witkowiak Brown County Circuit Court, Branch 4 partner in the law firm of Tylicki, Governor Scott McCallum appointed Assistant District Witkowiak, and Jennings in Greenfield. He is past chair of Atty. Kendall M. Kelley of Green Bay to Branch 4 of the the State Bar of Wisconsin Children’s Law Section and a Brown County Circuit Court, filling a vacancy created by director of Summerfest. Judge William C. Griesbach's appointment to the federal McCallum opted not to seek nominations for this bench. Kelley will need to run for election to the seat in appointment. He instead selected the new judge from the April 2003. pool of candidates who sought appointment last November Kelley became a prosecutor in February 1998. He most to the vacancy left by the death of Judge Stanley Miller. recently worked on domestic violence cases, and previously Witkowiak received his bachelor’s and law degrees from was assigned to handle sexual predator petitions. Kelley Marquette University. He is the eldest son of retired District helped to establish a municipal court for the Town of Court Administrator Ron Witkowiak, who served in Suamico and served as the court’s first judge. He also sat Milwaukee County Circuit Court for more than 30 years. "

RETIREMENTS

Records analyst steps down CCAP project manager moves on David Bubier, a court records analyst with the Director Sharlene Heacox, a software development project manager of State Courts Office, retired in July after more than 16 for the Combined Court Automation Programs (CCAP), left years with the court system. the courts on August 2 to pursue other opportunities. Bubier worked closely with the clerks of circuit courts to Heacox spent 16 years working in the Director of State provide technical assistance on records management and Courts Office, logging most of them in the Office of procedural issues. He also was responsible for producing Technology Services (OITS). OITS was combined with training videos for the courts on topics ranging from CCAP in July 2001. domestic violence to jury service. “I want to thank you all for being such a great group of users to work with for the past 16 years,” Heacox said. “You have all made my job easier and more enjoyable than I can say.” " 13

OBITUARIES Summer 2002 Judge George A. Burns Jr. who retired. Prior to taking the bench, Lindsey was a partner Milwaukee County Circuit Court with Spears, Carlson, Lindsey & Anderson, where he prac- THE THIRD BRANCH Judge George A. Burns Jr., ticed for more than 20 years. He also served as Washburn city who served in Milwaukee attorney for 18 years and was a Bayfield County court com- County Circuit Court for 26 missioner for a decade. years before assuming reserve Lindsey’s wife, Christine, and children Rob, Anna, and status in 1996, died of cancer on Max, survive him. July 19. He was 72. Judge Joseph A. McDonald Burns was known for his Douglas County Circuit Court empathy and compassion. His Judge Joseph A. McDonald, on the bench in skill as a judge and his even tem- Douglas County for 19 years, died August 7 in Superior perament made him highly after a long illness. He was 64. regarded among local lawyers, After graduating from the University of Wisconsin Judge George A. Burns Jr. who voted him the top Law School in 1964, McDonald was elected as Milwaukee judge in a 1984 poll. Douglas County district attorney – a post he held for Burns was the son of a man who spent 62 years practicing six years. He then spent 14 years in private practice in law, and Burns himself spent 20 years as a lawyer before Superior prior to joining the bench. becoming a judge. He was appointed to the bench in 1970, Judge Joseph A. McDonald As a judge, McDonald championed restorative jus- elected in 1974 and re-elected in 1980, 1986, and 1992. tice, a process that can take many forms, but that generally Before he attended law school, Burns spent summers digging involves the victim, the offender, and the community and pro- ditches for Wisconsin Gas Co. and soaking bottles in the old motes repair and reconciliation. McDonald gave his public Blatz Brewery while majoring in philosophy at Marquette support to local residents who formed a committee to study University. whether restorative justice might work in Douglas County, In retirement, Burns served briefly as a reserve judge, and and he attended their meetings. On the bench, he was known then combined mediation work with golfing, vacations in as fair and respectful of all who appeared before him. Florida, and the Green Bay Packers. McDonald’s wife, Eileen, his two sons, and grandchildren Burns’s wife, Ruth, and his son and daughter survive him. survive him. Judge Thomas T. Lindsey Judge Walter T. Norlin Bayfield County Circuit Court Bayfield County Court Judge Thomas Tedlund Judge Walter T. Norlin, who served in Bayfield County Lindsey, on the bench in Court from 1969 until 1975, died July 6 in Iron River. He was Bayfield County for just over 92. one year, died June 10 at a hos- Norlin was a Chicago native who moved to Iron River in pital in Ashland. He was 48. 1936 to open a law office. He soon moved to Washburn and Lindsey had been battling served for a time as Bayfield County district attorney. When maxillary sinus cancer for about World War II called, Norlin joined the Navy and served in the two years. He died soon after Pacific in 1944-45. After serving one term as county judge, being taken to the hospital for Norlin spent 12 years as a reserve judge. He retired from difficulty breathing. reserve work in 1987 and moved to Arizona, but returned to A fourth-generation Bayfield Judge Thomas T. Lindsey Iron River in 1994. County resident, Lindsey was Norlin’s wife, Frieda; his two sons, Keith and Robert; and elected in April 2001 to replace Judge Thomas Gallagher, four grandchildren survive him. "

Leadership retreat focuses on litigants without lawyers by Gregg M. Moore, district court administrator elf-represented, or pro se, litigants of circuit court, and family court com- Branch Spresent an enormous array of chal- missioners. The National Council of Leaders. She lenges in courts across the state. In the Juvenile and Family Court Judges encouraged 13 northeastern Wisconsin counties that (NCJFCJ) funded the retreat. the partici- comprise the Tenth Judicial District, Chief Judge Edward R. Brunner pants to act more than half of the litigants in family emphasized that the goal of the district’s on what they law cases are representing themselves in efforts is to ensure meaningful and learned at the Gregg M. Moore court. In 2000, the Tenth District began informed access to the courts for all conference an effort to address the issues that sur- people, noting that 56 percent of family after returning to their respective coun- round self-representation and work on law litigants in the 13-county district ties. John Voelker, executive assistant improving court services to those liti- are not represented by an attorney. to the chief justice, reviewed the new gants. This spring, the district took Chief Justice Shirley S. Abrahamson Supreme Court Rule 70.41, which pro- another step toward its goal with a two- gave the keynote address, Access to vides guidelines for court staff con- day leadership retreat for judges, clerks Justice – Challenges for Judicial see Litigants on page 17 14

Summer PEOPLE 2002 The May shooting death in the Milwaukee County appropriate methodology for implementing the charter and THE THIRD BRANCH Courthouse, which occurred when a convicted murderer norms (established by the U.S. Conference of Catholic grabbed a deputy’s gun after the jury came back with a guilty Bishops in Dallas in June). “I am pleased to serve at the verdict, prompted news media across the state to examine request of the bishop,” Day said. “I hope that it will have courthouse security issues. In Green Bay, where news of the done some good when we're done.” shooting led to calls for screening all courthouse visi- Rhinelander’s outstanding mock trial team took fifth place tors at a single entrance, Judge J.D. McKay pointed in the national competition, out in an interview with the Green Bay Press-Gazette according to Reserve Judge that such a measure would not have prevented the Timothy Vocke, a coach and Milwaukee shooting. “The weapon would have been fan. The team beat schools from there anyway,” he said, adding that armed personnel Arkansas, the state of need to be cautious about positioning themselves close Washington, and Wyoming, but to defendants in court. In Jefferson County, Judge suffered losses to Ohio and Jacqueline R. Erwin told the Watertown Daily Times California. Ultimately, a group of that the county’s Security and Facilities Committee has home-schooled children from addressed a variety of security concerns and that court Tennessee beat a school from Judge Jacqueline R. staff participates in regular security training sessions. Pennsylvania to capture the title. “I want people who come here to be safe and for the Judge Ramona A. Gonzalez, Reserve Judge Timothy Erwin Vocke public to have access to the courts,” she said. La Crosse County Circuit Court, “Judge’s military rank reaches the stars” was the headline was the keynote speaker at a Chicago seminar entitled At the in The Janesville Gazette when Judge James P. Daley, Rock Crossroads of Adoption that was organized by the American County Circuit Court, was officially promoted to brigadier Academy of Adoption Attorneys. After the address, the group general in the Wisconsin Army National Guard. Chief Justice honored Gonzalez with its Distinguished Jurist Award, which Shirley S. Abrahamson and Governor Scott it gives only when members want to recognize a judge “who McCallum participated in a ceremony in the has consistently gone out of his or her way to protect children Senate chambers of the state Capitol. Daley gave and promote their safety and well-being,” said Judith credit for his military success to his family and Sperling-Newton, a Madison the rank-and-file soldiers who served under him adoption attorney who is imme- through the years. Daley became a Marine in diate past president of the organi- 1967 and served in an infantry unit in Vietnam. zation. “In Vietnam, I thought many times that I Sperling-Newton might just wouldn’t be coming home,” Daley said. “And as easily have been describing when I realized there was a good chance I would Gonzalez’s father, Ramon return, the only thing I thought about was getting Gonzalez, M.D. The elder out of the military.” Daley returned from Vietnam Gonzalez was featured in the Judge James P. with a chest full of medals. His decorations include a Purple Milwaukee Journal Sentinel in Daley poses with Heart and the Bronze Star with a Combat V for valor. July for his work providing med- Chief Justice Bishop William Bullock announced that retired Chief ical care for people who cannot Judge Ramona A. Shirley S. Gonzalez Abrahamson Justice Roland B. Day would chair the Madison Catholic pay. Gonzalez founded the immediately after Diocese Review Board on Sexual Abuse. Bullock told the Madre Angela Family Medical Center on Chavez Drive in the ceremony Wisconsin State Journal: “Justice Day is a man of integrity Milwaukee in 1983 – and has since treated 20,912 patients honoring his who has been shown to be very fair.” The new board will there. “This is why I am 76 and still working,” he told a promotion to brigadier general. review the diocesan sexual abuse policy at least every two reporter. “Working with poor people, you can never retire. years, making recommendations to the bishop of Madison; There is no finishing the job. Poverty continues.” Gonzalez assess allegations of sexual abuse of minors; and develop an left his native Dominican Republic in 1960 after the police see People on page 15

The Dane County Law Library, a branch of the Wisconsin State Law Library, had a special reason to celebrate National Library Week. The library, which is located in room 315 of Madison's City-County Building, received a grant from the Dane County Bar Association to expand its collection of materials for self-represented litigants. New titles from Nolo Press and extra copies of State Bar publications were added to the shelves. On a lighter note, library staff members Paula Seeger (left) and Melissa Kaszynski ran contests for children and adults, awarding prizes from WestLaw, Lexis, and LOIS. 15

PEOPLE continued from page 14 Summer 2002

looted and destroyed his clinic. A meeting of the Wisconsin Associated Press Editors THE THIRD BRANCH “An Honor for Your Honors: Judges Enjoy Time at State Association prompted Judge Mark A. Mangerson, Meet,” a story in the La Crosse Tribune, tracked the participa- Oneida County Circuit Court, to speak out about the tion of La Crosse County Circuit Court Judges Michael J. open records law. Lawmakers must be as clear and Mulroy and Dale T. Passell in the WIAA State Track and concise as possible when they set guidelines clarifying Field Championships at the Wisconsin’s Open Records Law, Mangerson said. “The University of Wisconsin - La Legislature has to try to make the standard as short and Crosse. This year, Mulroy served sweet as they can.” The News Republic (Baraboo) as an umpire for the running reported on the meeting, which took place in Bayfield. events while Passell escorted Dodge County Circuit Court judges are in the athletes to the awards platform. process of implementing a restorative justice program, “In the courthouse we see, a lot reported The Mayville News. Judge Andrew P. of the time, things that represent Bissonnette, Dodge County Circuit Court, said alter- Judge Mark A. the worst in human behavior,” nate sentences might include work on crews that repair Mangerson Passell said. “This is exciting. criminally damaged property; victim intervention pro- This is fun. Mike and I both grams; family group conferencing; and many other programs Judge Michael J. Mulroy block out time for this, and we focused on keeping the offender from committing new plan to do it again next year.” Both judges have close ties to crimes. The restorative justice program would allow a victim the running world: they are marathoners and have children to choose whether to have contact with an offender. Contact who are champion runners. in a structured setting may show the offender the true impact The Milwaukee Bar Association (MBA) named former of his/her crime and enable the victim to find closure. Justice Janine P. Geske Lawyer of the Year recently. Geske, Currently, the county is appointing a board to decide which who is currently serving as interim dean of Marquette Law aspects of the system might be implemented, Bissonnette told School, was presented with the award at the MBA’s 144th the newspaper. While the county currently lacks funds for the annual meeting. program, Bissonnette indicated that restorative justice might Judge Jeffrey A. Kremers, Milwaukee County Circuit be available in Dodge County as early as next year. Court, and Court Information Officer Amanda K. Todd spent Retired Chief Justice Nathan S. Heffernan and a recent afternoon in the Milwaukee Public Radio newsroom Janine P. Geske, a former justice who is now interim answering questions, explaining dean of Marquette Law School, shared their thoughts the court system, and giving a on judicial campaign finance reform in an editorial tour of the courts’ Web site. column that ran in newspapers around the state. They Several news organizations in voiced concern about what might happen in the race different parts of the state have for Justice William A. Bablitch’s seat, the first open invited court personnel to meet race for a Supreme Court seat since 1994. with reporters and photographers Among the possible candidates for Bablitch’s seat is to improve the media’s under- Judge Maxine A. White, Milwaukee County Circuit standing of the justice system. Court, who is facing the dilemma of whether to run for The Shawano Leader the Wisconsin Supreme Court or U.S. Bankruptcy Retired Chief Justice reported on the graduation cere- Court in Milwaukee. White is considered a favorite to Nathan S. Heffernan Judge Jeffrey A. Kremers monies at Bonduel High School. replace Bankruptcy Judge Russell Eisenberg, who is retiring Judge Thomas G. Grover, next year. “I can’t go wrong with either choice,” White said. Shawano/Menominee Circuit Court, was there to give the When asked by the Milwaukee Journal Sentinel which one class address. “It’s truly an honor to be asked to speak at the she would choose right now, White replied, “I would go for a Bonduel graduation, this is my third time and it always feels cloning job.” The announced candidates for the Supreme great giving these kids some Court seat are Judge Patience D. Roggensack, who encouragement,” Grover said. has served on the Court of Appeals, District IV, since He jokingly added: “Some of 1996, and Chief Judge Edward R. Brunner, who has these young adults will end up served in Barron County Circuit Court since 1988. accomplishing many great things Supreme Court Justice N. Patrick Crooks is this in life, while others will be vis- year’s recipient of the Distinguished Alumnus of the iting me at court.” Year Award from Notre Dame Academy. Receiving the A Peace Officers Memorial award “is very meaningful,” Crooks said. He noted that Ceremony was held in May to he’s “very honored to join the company” of prior honor the men and women who award winners including his longtime friend, Abbot E. lay their lives on the line to carry Thomas DeWane and the Wall Street Journal's Paul out their duties. Judge David G. Gigot. Judge Thomas G. Grover Justice N. Patrick Crooks Miron, Marinette County Circuit Not to be outdone, Jennifer Peterson, Crooks’s Court, was the main speaker at the ceremony, reported the law clerk, was presented with an Outstanding Recent Peshtigo Times. Alumnus Award from the University of Wisconsin-Eau Claire see People on page 16 16

Summer PEOPLE continued from page 15 2002 Alumni Association. Peterson now works for the Madison cussed Grant County’s First Time Offenders Program, which

THE THIRD BRANCH firm of LaFollette, Godfrey & Kahn. went into effect March 1. The program can be used in driving The La Crosse County judges have found a new way to education classes or parents can enroll their children. Curry reduce the county’s jail population and costs: increase credits also helped with an effort to to people jailed for non-payment of fines to enable them to organize a Youth Leadership get out of jail faster, the La Crosse Tribune reported. After Conference for sixth graders studying ways to ease jail overcrowding while still protecting entering seventh grade and ninth- the public, La Crosse’s five judges recommended a dozen 10th graders who are potential policy changes to the county’s Criminal Justice Management leaders in their schools. The con- Council. The first change, which took effect July 1, doubles ference was the result of a col- the credit that inmates incarcerated for non-payment of laboration between Judge fines receive for every day in jail and every hour of Curry’s Roundtable, Grant labor performed in jail jobs and on community service County’s Safe Communities, and projects. The new policy also permits the release of the Anti-Tobacco Coalitions in inmates who have partially paid their fines if they have Grant, Iowa, Lafayette and Judge George S. Curry made arrangements to pay the balance. On any given Richland counties. Students day, about 20 La Crosse County Jail inmates are learned about leadership styles and skills, communication, behind bars because they can’t or won’t pay fines, conflict resolution, peer pressure and refusal skills, and mes- Judge Dennis G. Montabon, La Crosse County sages from the media. Circuit Court, told the newspaper. Daily credits will According to some, electronic monitoring can be increase from $25 to $50 and the hourly rate will extremely successful or a complete failure. In an interview Judge Dennis G. increase from $5 to $10. with the Daily Tribune, Judge Edward F. Zappen Jr., Wood Montabon Judge Barbara A. Kluka, Kenosha County Circuit County Circuit Court, said he does not believe that electronic Court, and District Court Administrators Kerry Connelly, monitoring should be used in place of jail. “Jail is jail. . . . District Two, and Beth Bishop Perrigo, District One, were That doesn’t mean I’m against electronic monitoring,” he among 30 people chosen from around the nation to participate said. Zappen agrees that the technology is another tool to be in a conference to improve court-media relations, according to used along with fines and jail time; however, he isn’t yet sure a story in the Kenosha News. The program was how it would be used in Wood County. designed to serve large, urban courts that receive a lot The Coulee News (West Salem) featured Norm Rowe, of attention from the media but do not have the funds who was recently appointed to the Fee Arbitration Committee to hire full-time public information officers. The by the Wisconsin Supreme Court. When Chief Justice Shirley Wisconsin court system has one public information S. Abrahamson called to invite him to be on the committee, officer to cover all circuit courts, the Court of Appeals, “I was pretty surprised,” laughed Rowe. The Court created the and the Supreme Court. The program was fully funded committee to study and make recommendations regarding through a grant from the Donald W. Reynolds mandatory and voluntary fee arbitration programs for lawyer- Foundation and no state money was spent on any client fee disputes. It will review and analyze various existing aspect of the trip. programs to identify the advantages, disadvantages, strengths, Judge Sarah O’Brien, Dane County Circuit Court, and weaknesses of different models. Judge Barbara A. Kluka made big headlines when she ruled that the chief clerks In July, just days after of the Assembly and Senate must make the names of the Supreme Court ended lawmakers and legislative employees receiving taxpayer-paid its term, Chief Justice legal advice public. The Capital Times quoted from her 22- Shirley S. Abrahamson page decision: “The public interest in disclosure is clear. spent some time in Taxpayers of a community have the right to know how and Milwaukee County’s small why their money is being spent.” claims court – sitting in Dodge County held a roundtable discussion at the what the Milwaukee Justice Facility in Juneau in recognition of National Journal Sentinel described Crime Victims’ Rights Week. The Dodge County as a “cracker box courtroom District Attorney’s Office put together a panel of on a dead-end corridor.” county officials, judges, and victims to speak on the Abrahamson was making topic. Participants in the panel included Judges Daniel good on a promise to fill in W. Klossner and Andrew P. Bissonnette, Dodge for Judge Kitty K. Chief Justice Shirley S. Abrahamson hears fender- County Circuit Court. Klossner spoke of his experi- Brennan while Brennan benders and landlord-tenant ence as a crime victim when a burglar entered his was on vacation. The chief disputes during a stint in home. Bissonette spoke of the proposed restorative justice found the steady Milwaukee County Small Judge Sarah O’Brien justice program and the impact it might have. stream of landlord-tenant Claims Court. The Platteville Journal covered a recent meeting of disputes and fender-benders exhausting, and had difficulty Grant County’s Roundtable on Underage Drinking, better giving just 15 minutes for each case. Still, she called the expe- known as Judge Curry’s Roundtable after Judge George S. rience “terrific” and praised Brennan’s staff for their invalu- Curry, who spearheads the effort. Meeting participants dis- able assistance. see People on page 17 17

PEOPLE continued from page 16 Summer 2002 Milwaukee County has seen about a 71 percent increase in tionalized OWI-homicide cases in a role-playing exercise at THE THIRD BRANCH requests for restraining orders since the Legislature eliminated speaking engagements. He said that once the audience the $164 filing fee in April 2000, according to a story in the receives all of the background information, they tend to Milwaukee Journal Sentinel. Court Commissioner John back away from the severe sentences they might have Valenti compared the courtroom atmosphere, with the wanted imposed at first. Former Justice Janine P. increased number of tit-for-tat restraining order requests, to Geske emphasized that deterrence should not be over- the Jerry Springer show without the cameras. “The word gets looked. “The court has to consider the message the out on the street and suddenly everybody’s coming in,” he sentence sends,” she said. said. He acknowledged, however, that the Legislature appro- The Criminal Justice Task Force in Waukesha priately erred on the side of caution by eliminating a fee that County called for faster and more intense assessment might have discouraged people who were in real danger. “By of suspects to determine if they should be treated in doing it this way,” he said, “these people get their day in mental or chemical dependence programs away from court.” The Journal Sentinel reported that some have mixed the jail, reported the Milwaukee Journal Sentinel. Chief feelings about people not having to pay a fee to file for a Judge Kathryn W. Foster, Waukesha County Circuit Former Justice Janine P. restraining order. Court Court, who served on the task force, said many crim- Geske Commissioner Arleen Michor, inal impulses in people with mental illness can be con- who took over Harassment trolled through medication. County Supervisor Walter Kolb Court from Valenti this year, said of the Town of Waukesha objected to the recommendations, a reasonable fee would dis- questioning whether it would mean sending dangerous courage at least some of the friv- people back out on the streets. Replied Foster: “You olous cases. can’t lock up everybody. You just can’t.” Lack of uniformity in homi- Chief Justice Shirley S. Abrahamson was elected cide by drunk driving sentences first vice president of the National Conference of Chief can leave the public mystified, Justices at the group’s July meeting. so some judges are making a The Inter-County Leader (Frederic) featured col- Judge Dennis C. Luebke special effort to explain how the leagues and friends honoring Judge James H. Taylor, circumstances in each case dic- Burnett County Circuit Court, on his retirement. tate different punishments. The Post-Crescent (Appleton) Speaking at the retirement dinner were Chief Judge reported on a sentence given by Judge Dennis C. Luebke, Edward R. Brunner, Barron County Circuit Court; Outagamie County Circuit Court, to a 20-year-old who caused Judge Robert H. Rasmussen, Polk County Circuit Judge James H. Taylor the death of his 17-year-old friend when he rolled his truck. Court; and Burnett County Chief Deputy Don Taylor, After relatives from both sides pleaded for leniency, Luebke the judge’s cousin. A letter from County Administrator Myron responded accordingly: “I don’t think justice demands that Schuster on behalf of the Burnett County Board was read you be locked up,” Luebke told the defendant. Chief Judge aloud. It said: “Your humor, gentleness and pleasant Joseph M. Troy, Outagamie County Circuit Court, uses fic- demeanor will be missed.” "

Litigants continued from page 13 cerning assistance to court users. The rule will help court staff The Tenth District has found a number of ways to use stu- give the best possible service while avoiding the unauthorized dent help on pro se issues, and some of those projects were practice of law. highlighted at the retreat. David Groose, executive director of The participants met in small groups to discuss the find- Judicare, the legal services provider for northern Wisconsin, ings and conclusions in the 2002 publication of the American spoke to the group about Judicare’s collaborative efforts with Judicature Society, Lessons from the Country: Serving Self- the Tenth District. Judicare has funded a law student intern Represented Litigants in Rural Jurisdictions (available for $5 for the summer of 2001 and 2002 to work on various projects from the American Judicature Society at http://www.ajs.org). to meet the needs of self-represented litigants in the district. Participants later identified specific actions that could be Maria Cuzzo, Ph.D., director of the University of taken to help improve court services for self-represented liti- Wisconsin-Superior (UWS) Legal Studies Department, pre- gants. Participants were provided copies of a one-page guide sented an overview of a UWS joint effort with the Tenth for self-represented litigants that was developed and distrib- District. Four university students joined Cuzzo in describing uted to each county in November 2001. plans to survey self-represented litigants, assist them in com- Atty. Timothy J. O’Brien and Court Commissioner George pleting forms (with guidance from Douglas County Bar L. Glonek discussed the Tenth District’s ongoing collaborative Association attorneys), and develop ongoing internship oppor- efforts with local bar associations, emphasizing the impor- tunities for UWS Legal Studies students. " tance of judicial leadership. Brunner and O’Brien have met with most of the district’s bar associations to discuss the issue For more detailed information about the district's initiatives, of self-represented litigation. Two area bar associations have contact Moore at (715) 839-4826 or received grants from the State Bar of Wisconsin to help stan- [email protected]. dardize court forms and instructions used by self-represented litigants. 18

Summer TIS continued from front page 2002 the maximum period of time a person found not guilty by Sentencing guidelines and notes reason of mental disease or defect may be institutionalized Perhaps the greatest challenge the CPSC faced was its THE THIRD BRANCH will not exceed the maximum term of confinement a court statutory charge to create temporary advisory sentencing may impose for the underlying offense. In another change guidelines for judges imposing a bifurcated sentence. from current determinate sentencing, a misdemeanant Ultimately, a format was adopted with two parts: (1) a two- sentenced to state prison may receive a bifurcated sentence. page worksheet for the 11 offenses which implicate approximately three-quarters of the state's prison resources, Controversial addition and (2) sentencing notes to be used with the worksheets. As part of the legislative compromise to include the The sentencing worksheet guides the judge in first CPSC’s work in the budget adjustment bill, the Legislature assessing the severity of the offense and then assessing the inserted a mechanism by which an inmate may petition the offender’s risk to the community. The judge then consults a sentencing court to adjust a sentence. New Wis. Stat. § graph where these two assessments intersect, which gives an 973.195 provides that an inmate serving a bifurcated sentence advisory starting point from which to sentence the offender. on a Class C, D, or E felony may petition the sentencing court The percentage of offenders placed on probation for that to adjust the sentence if the inmate has served 85 percent of particular offense is also listed. The sentencing notes explain the term of confinement in prison. An inmate serving a many of the considerations and concepts underlying the bifurcated sentence on a Class F, G, H, or I felony may questions posed on the sentencing worksheet. A new petition the sentencing court to adjust the sentence if the sentencing commission (discussed below) will produce, inmate has served 75 percent of the term of confinement in collect, and analyze the worksheets. Examples of completed prison. Grounds for the petition include an inmate's worksheets are available in the CPSC final report. rehabilitation in prison, a change in law or sentencing see TIS on page 19 procedure, or “otherwise in the interests of justice.” Granting Table 1 a petition does not change the length of the term of imprisonment; rather, it converts the remaining confinement The mandatory release converter is applied to time to ES time. move crimes from the six felony classes under This mechanism has limits. Only one petition may be filed current law to the newly adopted nine-class per sentence. Upon receipt of such a petition, the sentencing system: court “may deny the petition or hold the petition for further consideration.” If the court holds the petition, the district Current Class Class as of Feb. 1, 2003 attorney shall be notified. If the district attorney objects, the Class A Class A court shall deny the petition. If the offender committed certain Class B sexual assaults, the victim may object, in which instance the Class B Class C court shall deny the petition. Less controversial was the CPSC’s inclusion of a Class BC Class D procedure by which certain older or terminally ill prisoners Class E who have been given bifurcated sentences may petition the Class C Class F sentencing court for a modification of the terms of their Class G sentences [Wis. Stat. § 302.113(9g)]. Class D Class H Class E Class I

Table 2 Maximum Felony Maximum Term of Maximum Term of Maximum Extended Class Confinement Imprisonment Fine Supervision A Life Life --- B 40 years 20 years 60 years --- C 25 years 15 years 40 years $100,000 D 15 years 10 years 25 years $100,000 E 10 years 5 years 15 years $50,000 F 7.5 years 5 years 12.5 years $25,000 G 5 years 5 years 10 years $25,000 H 3 years 3 years 6 years $10,000 I 18 mos. 2 years 3.5 years $10,000 19

Summer TIS continued from page 18 2002 Originally, the budget adjustment bill contained language revoked, the ALJ makes a recommendation to the court on the that could alter the standard of appellate review of criminal period of time for which the offender should be returned to THE THIRD BRANCH sentences and require judges to make “findings of fact as to prison. Then the circuit judge makes the determination [Wis. the elements of the sentence.” This language was eliminated Stat. § 302.113(9) & (9)(am)]. Also, judges not only set, but in joint conference, and later by the line-item veto. also may modify, ES conditions [Wis. Stat. § 302.113(7m)].

Extended supervision and its revocation Sentencing commission While the CPSC envisioned that ES would consist of A new sentencing commission will perform a variety of differing levels of supervision based upon an offender’s duties, including monitoring and compiling data on behavior, cost constraints have resulted in ES appearing sentencing practices in the state, adopting advisory sentencing similar to parole. guidelines, and providing information to state government and The budget adjustment bill enacted ES-related changes the public regarding the sentencing guidelines and the costs of recommended by the CPSC. A new statute allows the sentencing practices. The commission also will publish and Department of Corrections (DOC), as a sanction for a distribute to all circuit judges an annual report regarding its violation of ES, to confine the offender for up to 90 days in a work, and study whether race is a basis for imposing regional detention facility, or, with the approval of the sheriff, sentences. The commission consists of 18 voting and three in a county jail [Wis. Stat. § 302.113(8m)(b)]. This non-voting members, and a staff with an executive director. “confinement sanction” greatly increases the DOC’s ability to Various governmental bodies, including the Supreme Court, deal with the problem of punishable, but not revocable, the Legislature, and the governor, will appoint the conduct. commission’s members. Circuit judges interested in serving As to revocation of ES, the CPSC concluded that the should advise Sheryl Gervasi at (608) 266-6984 or current system in which an administrative law judge (ALJ) [email protected]. " makes the revocation decision works well, although the committee did make certain recommendations to shorten the Brennan will teach at two TIS seminars in January. He served revocation process. ALJs adjudicate hundreds of these cases as staff counsel to both the Criminal Penalties Study per year, and this system relieves the circuit courts of that Committee and the Governor's Task Force to Enhance burden. If the ALJ decides that the offender should be Probation prior to joining the bench.

Truth-in-Sentencing seminars set for Rapids, Waukesha by Jennifer Miller, court information intern Director of State Courts Office

To help make sense of major criminal-code revisions that will have an impact on every court in Wisconsin, the Office of Judicial Education will offer a Truth-in- Sentencing seminar in Waukesha and Wisconsin Rapids. The Waukesha session is slated for the Country Inn Hotel on Jan. 14-15, 2003, and the Wisconsin Rapids session will take place Jan. 16-17, 2003, at the Hotel Mead. The sessions are open to active and reserve judges as well as Director of State Courts Office staff. Those interested in Judge Patrick J. Fiedler Judge Elsa C. Lamelas attending are asked to register for the session in their region, if possible. The seminar is still being planned, but tentatively will Expected faculty members include: Reserve Judge cover the new Class A-I criminal code and the implemen- Thomas H. Barland, former chair of the Criminal tation of sentencing guidelines. The faculty will explore Penalties Study Committee (CPSC); Judge Michael B. caps on extended supervision terms, petitions for sen- Brennan, Milwaukee County Circuit Court (former staff tence adjustment, the elimination of numerous penalty counsel to the CPSC); Judge Patrick J. Fiedler, Dane enhancers, and a method for calculating penalty County Circuit Court (former member of the CPSC); enhancers. Professor Thomas Hammer, Marquette University Law The seminar will provide practical, hands-on instruc- School (former reporter for the CPSC); and Judges Elsa tion to help participants identify where crimes are now C. Lamelas (former member of the CPSC) and Richard J. classified and why and how to calculate maximums. In Sankovitz, both Milwaukee County Circuit Court. " addition, the judges will learn about the impact of sen- tencing guidelines and how they relate to sentencing The Office of Judicial Education will send out information notes and worksheets. They will also learn about the on this seminar soon. Registration forms [via mail or fax process for revoking extended supervision, and will dis- (608) 261-6650] must be received on or before Friday, cuss how to preserve sentencing discretion in light of Nov. 28. Online registration will be available on the court Truth-in-Sentencing. system's Intranet. Chief Justice Office of Judicial Education Shirley S. Abrahamson Tentative 2003 program calendar Director of State Courts J. Denis Moran January Editor Amanda K. Todd 14-15 Truth-in-Sentencing Country Inn Hotel, Waukesha Associate Editor C. Colleen Flesher 16-17 Truth-in-Sentencing Contributing Writers Mead Inn, Wisconsin Rapids Judge Michael B. Brennan Jennifer Miller February Gregg T. Moore 20-21 Clerks of Circuit Court Institute Deborah Salm Madison Dan Wassink Editorial Committee April Hon. Michael J. Rosborough 1 Law Update* Vernon County Circuit Court

The Third Branch Gregg T. Moore 2-4 Juvenile Law Seminar* District Court Administrator Paper Valley, Appleton Carolyn Olson Iowa County Clerk of Circuit Court 11 Prison Tour*

Graphic Design/Layout May C. Colleen Flesher 2 College Faculty Development Workshop Stone Harbor, Sturgeon Bay (attendance by invitation only) The Third Branch is a quarterly publication of the 13 Traffic Law Update Director of State Courts Radisson Hotel, Green Bay Office, providing news of interest to the Wisconsin 14-16 Criminal Law & Sentencing Judiciary. Radisson Hotel, Green Bay Send questions, comments, June and article ideas to: 18-20 Civil Evidence Workshop Amanda K. Todd Holiday Inn, Manitowoc Court Information Officer P.O. Box 1688 September Madison, WI 53701-1688 15-19 Judicial College phone Chula Vista, Wisconsin Dells (attendance open to judges only) (608) 264-6256 e-mail October [email protected] 15-17 Meeting of Judicial Conference fax Chula Vista, Wisconsin Dells (608) 261-8299 November 19-21 Civil Law Country Inn, Pewaukee * Attendance open to circuit court commissioners

Judicial Conference set for Madison he 2002 Wisconsin Judicial Conference, set Madison. The conference hotel, Sheraton Tfor October 16-18 (Wednesday-Friday) at Madison, is located on John Nolen Drive and will Monona Terrace in Madison, will feature sessions provide shuttle service downtown to the Monona on managing pro se litigation, working with court Terrace. interpreters, sentencing, managing complex civil A tentative agenda and registration form was cases, and much more. The meeting will begin sent by mail on July 17; the deadline for registra- with the State of the Judiciary Address by Chief tion is September 20. " Justice Shirley S. Abrahamson. Lodging will be provided for participants Contact the Office of Judicial Education at (608) whose courthouse is 50 miles or more from 266-7807 with questions.

www.courts.state.wi.us