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The Third Branch, Summer 2003

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The Third Branch, Summer 2003 Vol 11 No 3 H I G H L I G H T S Summer 2 Two state judges are finalists for 8Awards 2003 federal judgeship 11 People 5 Retirements 16 DCA returns from Persian Gulf 7 Building a better family court 22 Online juror qualification to be explored Appellate courts welcome new members Justice Patience Drake Roggensack vacancy created by the election of Judge Patience D. The Wisconsin Supreme Court welcomed Justice Patience Roggensack to the Supreme Court. Higginbotham will need D. “Pat” Roggensack on August 1. Roggensack won a 10- to seek election to a full, six-year term in April 2005. year term on the state’s high court in the April election. Higginbotham made a statewide name for himself in last Prior to joining the Supreme Court, Roggensack spent spring’s race for the open seat on the Wisconsin Supreme seven years on the Wisconsin Court of Appeals. She is the Court. Although he did not make it through the primary (he first judge from the Court of Appeals, which was created in received approximately 77,000 votes to Chief Judge Edward 1978, to serve on the R. Brunner’s 89,000 and now-Justice Patience D. a publication of the Wisconsin Judiciary a publication of the Wisconsin Supreme Court. Roggensack’s 108,000), he Moving over from the successfully raised his Court of Appeals with the profile and earned some new justice is Judicial glowing endorsements, Assistant Patti Gotrik. including one from the Roggensack’s law clerk will Milwaukee Journal Sentinel, be Atty. Lisa Mazzie, who which called him “bright, most recently worked as an thoughtful, and fair-minded.” investigator for the Office of In his nine years on the Lawyer Regulation. trial bench, Higginbotham Roggensack took the oath has made headlines for of office in July; the ceremo- several important decisions, nial swearing-in will take including a ruling that struck Justice Patience D. Roggensack Judge Paul B. Higginbotham place in the Assembly down the expansion of Chamber on Friday, September 12. Milwaukee’s school choice program to parochial schools (it was later reversed by the Wisconsin Supreme Court). Last Judge Paul B. Higginbotham winter, his comments to a defendant at sentencing prompted Governor Jim Doyle has appointed Judge Paul B. both praise and criticism. The case involved a drug-related Higginbotham, Dane County Circuit Court, to the state Court murder and Higginbotham, who is African-American, told of Appeals, District IV, headquartered in Madison. He fills a the defendant: “I get particularly upset when I see black men see New faces on page 14 New management team is official fter serving for Anearly four months as interim director of state courts, John Voelker was appointed to the post on a permanent basis effective June 30. Voelker replaces J. Denis Moran, who A. John Voelker Sheryl A. Gervasi Pamela J. Radloff Jean M. Bousquet served as director for team,” Voelker said. “The entire court system benefits The Third Branch 24 years before retiring in February. from their hard work and dedication.” Voelker appointed Sheryl A. Gervasi as deputy The Office of Court Operations, which Gervasi now director of court operations and reappointed Pamela J. leads, provides technical assistance to the circuit courts, Radloff as deputy director for management services and often in conjunction with the district court administra- Jean M. Bousquet as chief information officer. All three tors, in areas such as records management, caseload women are longtime employees of the state court system. management, automation, personnel (including assign- “I am fortunate to have a top-notch management see Management team on page 20 www.wicourts.gov 2 Summer Two state judges are finalists for federal judgeship 2003 udge David G. Deininger, the senators on August 1 – there is JWisconsin Court of Appeals, no firm indication that the rest of THE THIRD BRANCH District IV, and Justice Diane S. the process will proceed with Sykes, Wisconsin Supreme Court, similar speed. The senators will are finalists for the U.S. Court of review the finalists, consult with Appeals vacancy in Chicago. Also Wisconsin Congressman F. James making the final cut are Atty. Sensenbrenner, and forward their Thomas L. Shriner Jr., Foley & final recommendations to President Lardner, Milwaukee, and Judge George W. Bush. He will select a J.P. Stadtmueller, U.S. District Judge David G. Justice Diane S. Sykes nominee who must be confirmed Court, Milwaukee. Deininger by the U.S. Senate. The bipartisan Federal Nominating Commission, chaired Among the initial applicants were two Wisconsin Circuit by University of Wisconsin Law School Dean Kenneth Davis Court judges, Michael B. Brennan, Milwaukee, and J. Mac and Marquette Law School Dean Joseph D. Kearney, chose Davis, Waukesha. Other applicants included: John A. Busch, the finalists after interviewing a pool of 12 applicants, and Michael Best & Friedrich, Milwaukee; Paul D. Clement, sent them on to Wisconsin Senators Russ Feingold and Herb Alexandria, VA; Daniel J. La Fave, Quarles & Brady, Kohl. Milwaukee; Judge Rudolph T. Randa, U.S. District Court, While the initial timetable for applications was quick – Milwaukee; Dennis J. Verhaagh, Dennis J. Verhaagh Law they were due July 15 and the commission sent the finalists to Office, Green Bay; and Stephen D. Willett, sole practitioner, Phillips. Director’s column: Chief judges tackle difficult administrative issues n June 12, in a conference room in Milwaukee, the project also, will provide staffing assistance for this current Ostate’s chief judges, deputy chief judges, and district effort. The involvement of these people will provide, I think, court administrators met – as they always do in June – to needed continuity so that the new effort is an outgrowth, discuss a variety of administrative issues. At the meeting I rather than duplication, of PPAC’s work. asked the chief judges to identify areas that could benefit The PPAC report, issued in August 2000, explored a from change. Because I believe it is important that the court variety of alternatives to live stenographic reporting and system continually evaluate the way we do business, I found recommended that a digital audio recording system for each the June meeting discussion very helpful. county to be used as a backup when a stenographic reporter is Recent headlines concerning the use of donations to Crime unavailable. The new subcommittee will make use of that Prevention Organizations (CPOs) in the justice system illus- report and others developed in response to this issue. trate the benefits of having a committee like the chief judges’ I know that some of the potential options for dealing with critically review court operations. In November 1996 a this issue require significant changes in how we do business. I committee of the chief judges issued a report outlining also know that there will be much discussion about how to concerns and recommendations related to how contributions proceed. In other words, it could be difficult. However, the to CPOs are collected. Overall, the committee had concerns chief judges have handled difficult issues in the past – such as about the fairness and the perception of fairness in cases the CPOs – and their work has proven effective. I am involving CPO donations. The result was a new law that confident we will make progress on the issues we face in made the procedure for courts accepting and accounting for taking the record. crime prevention donations more stringent. I can’t help but As I said in my last column, our courts are strong because wonder if we hadn’t taken the time to evaluate and change the of the caring, dedication, and skill of our employees. process in 1996 whether we might be part of the investigation Together, we shall address this challenge, and others in the today rather than the organization looked toward to provide future, and find a solution that keeps the courtroom doors guidance. open and maintains a strong commitment to the court One issue of particular interest at the June meeting was the system’s official court reporters. increasing pressure the lack of court reporters is having on the The PPAC report is available at system. In the short run, we have been shuffling people www.wicourts.gov/global/pdf/PPACcourtrepfinal.pdf. around to cover vacancies and occasionally postponing court appearances when no court reporter is available; however, that Committee members is not a sound strategy for the long term. And so, the chief The new committee on taking the court record includes: judges determined that a direction should be set for how the Human Resources Officer Margaret Brady; Judge John A. court system will make the record in the future, and they have Damon, Trempealeau County; Chief Judge James Evenson established a subcommittee to accomplish this objective. (chair), Sauk County; Deputy Chief Judge James R. Kieffer, The subcommittee will include two court reporters. It will Waukesha County; Deputy Director for Court Operations also include circuit court judges, staff from the Madison Sheryl A. Gervasi; District Court Administrator Kathleen M. Murphy; Managing Court Reporter Kristine Jacobi, Milwaukee office, and a district court administrator. Two members of the County; Official Court Reporter Teri Novotny Hockersmith, new subcommittee – Court Reporters Kris Jacobi and Ed Monroe County; Official Court Reporter (alternate) Edward H. Johnson – also served on the Planning and Policy Advisory Johnson, Ozaukee County. Staff: Deborah Brescoll, Office of Committee (PPAC) team that studied this issue in 1999-2000. Management Services; Daniel Wassink, Office of Court Policy Analyst Dan Wassink, who served as staff on that Operations. 3 Biennial budget is official Legislative update Summer by Deborah Brescoll, budget officer rom halfway house changes to boot camp revisions to 2003 Fvideo gambling enforcement, the biennial budget bill overnor Jim Doyle signed into law, as 2003 Wisconsin contains a number of substantive law provisions.
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