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 Summer 2 2003

THE THIRD BRANCH O Director’s column: Policy Analyst Dan Wassink, whoservedasstaff onthat Committee (PPAC) team thatstudiedthisissuein1999-2000. Johnson –alsoservedonthePlanning andPolicy Advisory new subcommittee–CourtReporters KrisJacobiandEd office, andadistrictcourtadministrator. Two membersofthe also includecircuitcourtjudges, staff fromtheMadison established asubcommitteetoaccomplish thisobjective. court systemwillmaketherecordinfuture,andtheyhave judges determinedthatadirectionshouldbesetforhowthe is notasoundstrategyforthelongterm. And so,thechief appearances whennocourtreporterisavailable;however, that around tocovervacanciesandoccasionallypostponingcourt system. Intheshortrun,wehavebeenshuffling people increasing pressurethelackofcourtreportersishavingon guidance. today ratherthantheorganization lookedtowardtoprovide process in1996whetherwemightbepartoftheinvestigation wonder ifwehadn’t takenthetimetoevaluateandchange crime preventiondonationsmorestringent.Ican’t helpbut made theprocedureforcourtsacceptingandaccounting involving CPOdonations. The resultwas a newlawthat about thefairnessandperceptionofincases to CPOsarecollected.Overall,thecommitteehadconcerns concerns andrecommendationsrelatedtohowcontributions committee ofthechiefjudgesissuedareportoutlining critically reviewcourtoperations.InNovember1996a trate thebenefitsofhavingacommitteelikechiefjudges’ Prevention Organizations (CPOs)in thejusticesystemillus- the Junemeetingdiscussionveryhelpful. system continuallyevaluatethewaywedobusiness,Ifound from change.BecauseIbelieveitisimportantthatthecourt asked thechiefjudgestoidentifyareasthatcouldbenefit discuss avarietyofadministrativeissues. At themeetingI court administratorsmet–astheyalwaysdoinJuneto J Two state finalistsfor judgesare federaljudgeship they weredueJuly15andthecommissionsentfinaliststo Kohl. sent themonto Wisconsin SenatorsRussFeingoldandHerb the finalistsafterinterviewingapoolof12applicants,and and MarquetteLawSchoolDeanJosephD.Kearney, chose by Universityof Wisconsin LawSchoolDeanKennethDavis Court, Milwaukee. J.P. Stadtmueller, U.S.District Lardner, Milwaukee,andJudge Thomas L.ShrinerJr., Foley& making thefinalcutare Atty. Appeals vacancyinChicago. Also are finalistsfortheU.S.Courtof Sykes, Wisconsin SupremeCourt, District IV, andJusticeDianeS. The subcommitteewillincludetwo courtreporters.Itwill One issueofparticularinterestattheJunemeetingwas Recent headlinesconcerningtheuseofdonationstoCrime While theinitialtimetableforapplicationswasquick– The bipartisanFederalNominatingCommission,chaired Wisconsin Courtof Appeals, udge DavidG. Deininger, state’s chiefjudges,deputyanddistrict n June12,inaconferenceroomMilwaukee,the Chief judges tackle difficult administrative judgestackle difficult issues Chief Deininger Judge DavidG. Justice DianeS.Sykes system’s official courtreporters. open andmaintainsastrongcommitmenttothecourt future, andfindasolutionthatkeepsthecourtroomdoors Together, weshalladdressthischallenge,andothersinthe of thecaring,dedication,andskillouremployees. taking therecord. confident wewillmakeprogressontheissuesfacein the CPOs–andtheirworkhasproveneffective. I am chief judgeshavehandleddifficult issues in thepast proceed. Inotherwords,itcouldbedifficult. However, the also knowthattherewillbemuchdiscussionabouthowto this issuerequiresignificantchangesinhowwedobusiness.I report andothersdevelopedinresponsetothisissue. unavailable. The newsubcommittee willmakeuseofthat county tobeusedasabackupwhenstenographicreporteris recommended thatadigitalaudiorecordingsystemforeach variety ofalternativestolivestenographicreportingand rather thanduplication,ofPPAC’s work. needed continuitysothattheneweffort isanoutgrowth, effort. The involvementofthesepeoplewillprovide,Ithink, project also,willprovidestaffing assistance forthiscurrent Phillips. Office, GreenBay;andStephen D. Willett, solepractitioner, Milwaukee; DennisJ. Verhaagh, DennisJ. Verhaagh Law Milwaukee; JudgeRudolph T. Randa,U.S.DistrictCourt, Alexandria, VA; DanielJ.LaFave,Quarles&Brady, Michael Best&Friedrich,Milwaukee;PaulD.Clement, Davis, Waukesha. Otherapplicantsincluded: John A. Busch, Court judges,MichaelB.Brennan,Milwaukee,andJ.Mac www.wicourts.gov/global/pdf/PPACcourtrepfinal.pdf. The PPAC reportisavailableat Committee members Operations. Management Services; Daniel Wassink, Office ofCourt DeborahBrescoll, Office of Johnson, OzaukeeCounty. Staff: Monroe County;Official CourtReporter(alternate)EdwardH. County; Official CourtReporter Teri NovotnyHockersmith, Murphy; ManagingCourtReporterKristine Jacobi,Milwaukee Sheryl A. Gervasi;DistrictCourt Administrator KathleenM. Waukesha County; Deputy DirectorforCourtOperations (chair), SaukCounty;DeputyChief Judge JamesR.Kieffer, Damon, Trempealeau County;ChiefJudgeJamesEvenson Human ResourcesOfficer Margaret Brady;JudgeJohn A. As Isaidinmylastcolumn,ourcourtsarestrongbecause Among theinitialapplicantsweretwo Wisconsin Circuit The PPAC report,issuedin August 2000, exploreda I knowthatsomeofthepotentialoptionsfordealingwith The newcommitteeontakingthecourtrecordincludes: „ by theU.S.Senate. nominee whomustbeconfirmed George W. Bush.Hewillselecta final recommendationstoPresident Sensenbrenner, andforwardtheir Wisconsin CongressmanF. James review thefinalists,consultwith similar speed. The senatorswill the processwillproceedwith no firmindicationthattherestof the senatorson August 1–thereis „ – such as Brescoll istheformerDeborahSalm. note: We donothave anewbudgetofficer;Deborah Editor’s G ˆ visions in Act 33includethefollowing: short ofthenecessarytwo-thirdsvote. The court-relatedpro- The stateSenateattemptedavetooverride,butfellonevote expenditures fromJuly1,2003throughJune30,2005. became effective onJuly26. The budgetactcoversstate Except whereotherwisespecificallyprovided, Act 33 ˆ ˆ ˆ ˆ ˆ of theactasaninformationalbulletin. by DeborahBrescoll,budgetofficer Biennial budgetisofficial Winnebago CountyCircuitCourt Judge HerbertJ.Mueller and twograndchildren. pride inhisbackground infarmingandteaching. to bethelast Wisconsin judgewithoutalawdegreeandtook examination. According tohisobituary, hebelievedhimself Spengler in1934–and,by1939, wasabletopassthebar two localattorneys–George Hoxiein1933andSilas was 93. judge untilthemid-1980s,diedinNeenahonMay8.He Winnebago Countyfrom1955-74,andthenasareserve OBITUARIES The governormade131partialvetoesinsigningtheact. Court employeeshavereceivedamoredetailedsummary His wife, Vivian Kuhn,surviveshimalong withtwosons Mueller neverattendedlawschool, butapprenticedwith Judge HerbertJ.Mueller, whoservedasajudgein increase thecourtsupportservicesfeeandappellate require that$750,000ineachfiscalyearbelapsedtothe create anearnedreleaseprogramthatwouldrequirea delete 15prosecutorpositions; create a25-bedfelonydrugoffender alternativetoprison provide fundingandpositionstoopentheHighview filing feesby30percent; the Wisconsin State LawLibrary); levels ofcourt,theDirectorState CourtsOffice, and state operationsappropriations(theseincludethethree generalfund state’s generalfundfromanyofthecourts’ in Winnebago; program attheDrug Abuse CorrectionalCenter(DACC) successfully completesthesubstanceabusetreatment the ParoleCommissiontoparole,aneligibleinmatewho sentencing courttoreleaseextendedsupervision,or Women’s Center;and program forfemaleoffenders attheMilwaukee New Lisboncorrectionalinstitutionsin April 2004. Act 33,the2003-2005biennialbudgetbillonJuly24. overnor JimDoylesignedintolaw, as2003 Wisconsin „ Racine CountyCircuitCourt Judge JamesWilbershide death hewasamajor intheMarineCorpsReserve. as acaptainintheU.S.MarineCorps andatthetimeofhis law inRacinefrom1947-72,when hebecameajudge. graduating fromMarquetteLaw Schoolin1947.Hepractice He was85. reserve judge,diedon August 12ataRacinenursinghome. court judgeinRacineCountyfrom1972-89,andthenasa Legislative update provided intheeffective datesections. provisions wentintoeffect onJuly26unlessotherwise contains anumberofsubstantivelawprovisions. These F www.legis.state.wi.us/2003/data/acts/03Act36.pdf. became effective Aug. 8: also anewidentity-theftlaw, 2003 Wisconsin Act 36,which www.legis.state.wi.us/2003/data/acts/03Act33.pdf.is There .2 effective date foroperatingwhile effective dateofplacementstointer- effective date forsunsetofhalfway p.424 initialapplicabilityofappellate p.423 initialapplicabilityofprotective p.422 initialapplicabilityprovisionsfor p.421 p.420 p.419 increaseincourtsupportservicesfee p.376, ss.972.15(2b),973.01(3g)earnedreleaseprogram p.374, s.814.634 increaseinappellatefilingfee p.372, s.809.25(2)(a) p.363, s.343.44(1)(c),(2)(bm)operatingwhileout-of-service bootcamprevisions p.352-54, s.302.045 halfwayhousesfornonviolent enforcementofvideogamblinglaw Chapter55provisions p.350, s.301.0465 Chapter51provisions p.322, s.175.38 increase incrimelabfee p.320, s.165.755(1)(a) p.230-32 p.227-29 restrictionsonplacementstointer- p.200, s.46.279 Wilbershide grewupinRacineand returned thereafter During World War II, Wilbershide servedinthePacific Judge James“Jack” Wilbershide, who servedasacircuit The biennialbudgetbillcanbeaccessedat video gamblingenforcement,thebiennialbudgetbill rom halfwayhousechangestobootcamprevisions .0.53 eligibilitytoearnedreleaseprogram s.302.05(3) ordered out-of-serviceprovisions mediate andnursingfacilities house program filing feeincrease placement provisions circuit courtsandcorrections eligibility offenders facilities mediate andnursing see Obituaries on page 20 „

THE THIRD BRANCH 2003 Summer 3 Summer 4 2003

THE THIRD BRANCH winners. 900 sitesbefore choosing its2003 features.” content accessibility, andextra today iseasynavigation,intuitive “What distinguishesbest-of-class services,” JusticeServedsaid. have nowbecomebaseline indexing anddigitalcourtforms “Credit cardpayments,online standard ishighereachyear. built up.Overall,thefirmsaid, getting tougherascyberspaceis to 10siteseveryyear, ajobthatis firm. Served, aCalifornia-basedcourtmanagementconsulting one ofthenation’s top10court-relatedsitesbyJustice tance programforlitigantsinfamilycourt,hasbeennamed T nation's top10 Waukesha self-helpsitenamedoneof I onlinehelpfor offer peoplewithoutattorneys Courts and issuedareportinDecember2000. studied problemsandsolutionsforself-representedlitigants Shirley S. Abrahamson’s process,” hesaid. Voelker servedasstaff toChiefJustice help self-representedlitigantslearnaboutthelawandcourt discusses theseresponsibilitiesandalsooffers resourcesto Director ofState CourtsJohn Voelker. “Thisnewsite that theselitigantsunderstandwhattheyaretakingon,”said lawyers isincreasing,andwehaveanobligationtoensure helped getthewordout. announcements, regional media addition toother Public Radio,in on Wisconsin aired statewide minute storythat selves incourt. senting them- ering repre- who areconsid- assist people designed to the centeris Courts Office, Director ofState Wisconsin State LawLibraryincooperationwiththe www.wicourts.gov/SHC. Developedbythestaff ofthe Self-Help Centeronits Web siteat n mid-June,the Wisconsin courtsystemunveiledanew five- A The firmindicateditlookedat Justice Servedgivestheaward “The numberofpeoplechoosingtoproceedwithout Web sitethatcomplementsthecounty’s he Waukesha CountyFamilyCourtSelfHelpsite,a Pro Se Working Group,which pro se assis- Circuit CourtCarolynEvenson’s office. These services Waukesha CountySelf-HelpCenter, locatedinClerkof describes howtotapintotheservicesoffered throughthe frequently askedquestions,andanattorneyroster. Italso instructions, tips,proceduralchecklists,answersto percent in1999. involving aself-representedlitigantwasmorethan70 Milwaukee County, thenumber offamilycourtcases one personwhoisnotrepresentedbyanattorney. In showed thatmorethanhalfoffamilycasesinvolveatleast Polk, Rusk,St. Croix,Sawyer, and Washburn counties) Bayfield, Burnett,Chippewa,Douglas,Dunn,EauClaire, comprise the Tenth JudicialDistrict(Ashland,Barron, conducted inthe13northwestern Wisconsin countiesthat people whoarerepresentingthemselves.In1999,asurvey court systemhastakentoimproveaccessthecourtsfor small-claims case?”Inaddition,itgivestipsformakingthe information aboutchildcustody?”and“HowdoIfilea such as“HowdoIchangemyname?”“Wherefind The Waukesha siteprovidesuser-friendly formsand The siteoffers answerstofrequentlyaskedquestions „ see Web award the Wisconsin series ofsteps the latestina allows. staff time expanded as Offerings willbe – dotohelp. can –andcannot what courtstaff information on resources, and ries andlegal system directo- links tocourt process easier, The centeris on page 20 gardening, andgolf. time tosomeofhisfavoriteactivities: troutfishing,cooking, Friedrich inMadison.Inretirement,heplanstodevotemore part-time partneratthelawfirmofMichael,Best& that notbeendonethiscourtwouldhavejustruined.” gial Court.“Iamconvincedtothisday,” hesaid,“thathad believes thathisactionsultimatelyresultedinamorecolle- ago tounseatChiefJusticeShirleyS. Abrahamson. He regrets abouthisinitiatinganunsuccessfuleffort fiveyears career.” cient. That tomewasoneofthehighlightsmyjudicial to beableshowagainstthatstandardwhyitisinsuffi- because oftheminoritypopulations,etc. And theyaregoing funded oraregivingsomanyoftheirfundstospecialed like wehaveallaroundthestatethataregrosslyunder- to takethatstandard,itisgoingagroupofschools measure,” hesaid.“Sothenextcasethatcomesupisgoing against whethertheyareableprovidethisandkidscan there arestandardsagainstwhichcommunitiescanmeasure stitutional righttoequalopportunityineducation.“Now opinions thatlaidthegroundworkforrecognitionofacon- Bablitch saidhewasabletoworklanguageintothemajority although hewasnotthemajorityauthorineithercase, (2000). Bothinvolvedfundingofk-12educationand, Court Bablitch wraps upfinaltermonSupreme down RIPs inFondduLac,Green Lakestep when registersin probatefromtwocentral Wisconsin coun- career: Kukorv cases thatwere,forhim,amongthemostimportantinhis based newsmagazine.Intheinterview, hespokeabouttwo ducted alengthyinterviewwithwispolitics.com,aninternet- 1978. court system,aprocessthatcreatedtheCourtof Appeals in majority leaderandwasinstrumentalinreorganizing the state senator. Duringhis11 years intheSenate,heservedas attorney, apositionheheldforfouryearsbeforebecoming Bablitch Justice William A. RETIREMENTS The courtsystem lostyearsofexperiencethissummer Toward theendofhistenureonCourt,Bablitchcon- Less thanaweekafterretiring,Bablitchwasmade Bablitch alsotoldeditorJeff Mayersthathehasno Bablitch beganhiscareerasPortageCountydistrict . Grover (1989) andV separate story, page1 will beheldSeptember12( Bablitch; herformalinvestiture D. Roggensacktoreplace Court of Appeals JudgePatience years. Last April, votersselected government overaperiodof35 that spannedallthreebranchesof ending acareerinpublicservice Supreme Courtthissummer, wrapped up20yearsonthestate Justice William Bablitch A. incent v . V ). oight see changes Supreme CourtClerk'sOfficesees and seesomeofourbeautifulcountry.” people andthework,Fitchiseagerto“climbintomyRV years ofnightandweekendclasses. Wisconsin-Oshkosh in1992aftersix summa cumlaude ments wasearningherbachelor’s degree described as“nottobemissed.” County CircuitCourt–anexperienceshe Circuit Court,andGaryCarlson, Taylor Robert A. Haase, Winnebago County two ofthestate’s morecolorfuljudges– that capacity, sheworkedcloselywith of designingandredesigningforms.In and donatingcountlesshourstothework Management Committeefrom1990-2000 administration, servingontheRecords Dec. 17,1982. before becomingthecounty’s registeron probate –apositionthatsheheldforjusteightmonths Two yearslater, shewasappointeddeputyregisterin she joinedtheCorporationCounsel’s Office inFondduLac. County, wasunavailableforcommentonhercareer. since 1982;JanetBlazer, whoretiredfromGreenLake ties steppeddown.BarbaraFitchhasbeenwiththecourts Owens ( Court inMadison. Atty. DawnSturdevant Baumwillreplace resigned effective July2tobecome clerkoftheU.S.District Supreme CourtClerkCorneliaClarksinceMay2000, summer. touched off anumberofchangesin theoffice thisspringand Judge Joseph W. Skupniewitz. replacing longtimefederalcourt clerkandU.S.Magistrate Court forthe Western Districtof Wisconsin onJuly7, began hernewpositionasclerk of courtfortheU.S.District Courts Office. the Clerk’s Office, SupremeCourt, and DirectorofState earlier thisyear. recommendations totheDirectorofState CourtsOffice committee thatstudiedelectronicfilingandsubmitteddraft state comparisons,anddraftingthepetitions.Shealsoleda assisted theCourtbyresearchingissues,providingstate-by- challenge ofworkingwithrulespetitions. An attorney, she the SupremeCourtprovided,andparticularlyenjoyed graduateof Drake UniversityLawSchool,Owens A While shesaidwouldmissthe Theresa Owens,whohasservedaschiefdeputyto Two resignationsintheSupremeCourtClerk’s Office One ofFitch’s proudestaccomplish- Fitch hasbeenveryactiveincourt Fitch gotherfirsttasteoflifeinthecourts1980,when Owens saidshewouldmostmissworkingwithstaff in Owens notedthatsheappreciatedtheopportunities see separatestory, page14 from theUniversityof ). see Retirements wilderness. which broughtherto Alaska's take manymoretrips likethisone, In retirement,BarbaraFitchhopesto , page 6

THE THIRD BRANCH 2003 Summer 5 Summer 6 2003

THE THIRD BRANCH Retirements O reporter Dodge Countybidsfond farewell tolongtimecourt Although hisallergies hadgivenhimadraftdeferral,he years off toserveintheU.S.Navyduring World War II. 1950 untilhisdeathin1956. who wentontoservethe Wisconsin SupremeCourtfrom Waukesha counties,atthebehestofJudgeEdwardJ.Gehl, which thenconsistedofDodge,Ozaukee, Washington, and Rock counties.In1941,hemovedovertothe13thCircuit, 12th Circuit,whichwascomprisedofGreen,Jefferson, and history whofirstservedasacourtreporterin1936-41the encyclopedia ofcourt house. friends atthecourt- Griffin’s especiallyclose Lindy Miller, oneof Deputy ClerkofCourts Wolfe withChief graphs ofGriffin and include framedphoto- gifts servants. The longtime public two muchbeloved, them apartybefitting their co-workersthrew reserve judgestatus)and returning to“regular” own typing; Wolfe is petitions, andwilldohis handle theinmate court commissionerto June (lawclerkSteve Seimhasbeenappointedasa¼-time prisoners inDodgeCounty. The assignmentwrappedupin when theybeganworkingtogethertohandlepetitionsfrom where sheserveduntil2000. A. Wolfe becameajudgeinSauk CountyCircuitCourt, Wisconsin counties.Fifty-twoyearslater, in1988, Virginia reporting thatwouldspaneightdecadesandcovermany and movedtothe Clerk’s Office in1999,waspromoted into the formerBoard of Attorneys ProfessionalResponsibility roles. RitaE.Lord, whobeganhercourtcareerin 1987with promote twoemployeesandmove twoothersintonew had workedintheClerk’s Office for nearly11 years. Ridge Mountains,andmovedthere withoutjobs. Thomas the city, whichsitsbetweentheGreatSmokyandBlue Asheville, N.C. Thomas andherhusbandfellinlovewith Adrienne M. Thomas lefttheoffice –and Wisconsin –for Wolfe andGriffin crossedpathsafterboth hadretired, hms resignationgaveClarkanopportunityto Thomas’ Three weeksbeforeOwenssteppeddown,DeputyClerk Griffin stayedoninthe13thCircuituntil1960,withfour Griffin isawalking Norbert J.“Coley”Griffin beganacareerincourt n June1,1936,astheworldmovedclosertowar, continued frompage 5 John R.Storck. Virginia A. Wolfe;Griffin;and Atty. RobertE.Storck andhisson,Judge Judges DanielW. Klossnerand Andrew P. Bissonnette;ReserveJudge for longtimecourtreporterColeyGriffinonJune27.Here,fromleft, are Judges, lawyers,andcourtstaff inDodgeCountygaveafarewellparty reporter previously.” realized thatIhadbeenaDodgeCountyCircuitCourt “even thoughbecauseoftheirtenderyearsnonethem treated likefamilybythecourtpersonnel,”Griffin wrote, returning hometocomebackDodgeCountyandIwas needed helphandlingtheprisonerlitigation.“Itwaslike the requestofthen-ReserveJudge Thomas Wells, who serving asasubstitutecourtreporterineastern Wisconsin. four-county circuit.Becauseof Wisconsin’s rapidgrowthin Judge William C.O’ConnellwhodefeatedMeisterinthe for Gehl’s successor, JudgeMiltonL.Meister, andthenfor Italy. immediately. Duringhisservice,heworkedin Africa and skip bootcampandbeginreportingcourtmartialcases reporters andGriffin wasnotonlywelcomed,butaskedto Harbor. As itturnedout,themilitaryurgently neededcourt could notstandtoremainacivilianaftertheattackonPearl fill thefront-countervacancy. Court of Appeals. Clarkisnowhiringforanewemployeeto into Zarth’s jobasassistantdeputyclerkfortheDistrictIII had workedatthefrontcounter since 1999,waspromoted sions, formerlyhandledbyBushey, andSheelahJ.Fox,who Melinda A. Zarthassumedresponsibilityforattorneyadmis- assistant deputyclerkforDistrictI. Assistant DeputyClerk Appeals, andRobertaJ.BusheytookLord’s positionas positionasdeputyclerkfortheDistrictICourtof Thomas’ In 1989,Griffin returnedtothecourt inDodgeCountyat Back in Wisconsin, Griffin soonfoundhimselfworking „ „ deposition workand began doingpretrial 1983, butimmediately retired fromthispostin succeeded Meister. He Tom Merriam,who continued withJudge retirement, andthen Meister untilMeister’s Griffin stayedwith Griffin toworkforhim. Circuit, andagainasked judge inthenew21st Meister waselected Washington asthe21st. Ozaukee and the 13thCircuit,and Dodge andJefferson as circuit, establishing Legislature splitupthe those years,the 7

LEADERSHIP Summer 2003

Judge hopes to establish unified family court in Madison THE THIRD BRANCH

t was, at first glance, 1998, under the Ia tragically leadership of Judge unremarkable story: A Dennis G. Montabon, 10-year-old boy showed just one CHIPS case has up at school with gone to a jury trial. bruises, his teacher made Mediators are handling a report, police about 50 cases per year investigated, and the (but never cases that father was arrested and involve an allegation of charged with felony sexual assault, where it child abuse. would be harmful to In the normal course bring the victim and the of events, the case accused together) and would take about seven an agreement is reached months to resolve and in mediation in 86 the father probably Judge John C. Albert (facing camera, second from left) brought a percent of cases. “It’s delegation of attorneys, social workers, and court staff from Madison to would have little or no La Crosse in July to learn about replacing the adversarial process with become part of the way contact with his son a collegial one in termination of parental rights cases and other court we do business,” said during that time. But this proceedings involving children and families. Judge Dale T. Pasell, La incident occurred in La family was under. Crosse County Circuit Crosse County, where the court has The parties agreed to a variety of Court. “There is a perceived institutionalized mediated child conditions that would address the advantage for everybody; the social protection conferencing as the issues and the mediator prepared a workers see quicker results because preferred method for handling child mediation agreement and submitted it the parents generally are eager to do abuse/neglect cases. And that changed to the court for approval. The court what they need to do.” Pasell added everything. then set the case for disposition. The that the judges see each family every At the plea hearing after the father is now re-enrolled in AA, the 60 days, which keeps them strongly CHIPS (child in need of protection child has a new doctor and a different connected. In addition, the monitoring and/or services) petition was filed, the medication, and a county social by social workers is often more judge referred the case to mediation. worker plugged the family into new stringent than what would be possible Following the normal protocol, the services. The family stayed together, under probation in a criminal child judge assigned a mediator – Atty. and the felony charge was ultimately abuse case. Thomas L. Rhorer, a sole practitioner dropped. Pasell’s comments came during a and member of the board of directors Since the program was see Leadership on page 19 of the Wisconsin Association of implemented in La Crosse in October Mediators – and scheduled the mediation on the spot for a few days later. The mediation brought together the father and his attorney, the son and the guardian ad litem, the mother, the corporation counsel, the district attorney, and the Department of Human Services worker assigned to the case. When they sat down with the mediator and discussed the incident, two things happened: first, the father admitted his problem with alcohol and acknowledged that he had quit attending Alcoholics Anonymous (AA) meetings and was drunk when he hit the boy. Second, the district attorney got a sense for the boy’s Judge Dale T. Pasell, La Crosse County Circuit Court, explains the unified family emotional disabilities and developed court approach to visitors from Dane County. Next to Pasell, from left, are Atty. Tom an understanding of the stress that the Rhorer, president of the Wisconsin Association of Mediators, and Patrick Brummond, District Seven court administrator. Summer 8 2003

THE THIRD BRANCH Judge Carl Ashley Kuhnmuench Judge MaryM. offenses arehandledthroughoutthecounty. it isanticipatedthattheywilleliminate discrepanciesinhow whether theviolatoristicketedor prosecuted. individuals andforlawenforcementdependingupon offenses mayhavedrasticallydifferent consequencesfor ordinances parallelthe Wisconsin CriminalCode,similar such anoffense willbeprosecuted.Becausemanylocal offense willbehandledasanordinanceviolation,andwhen create anewsetofguidelinesfordeterminingwhenminor nity andprofessionalboardscommittees. Milwaukee Countyandservesonavarietyofothercommu- also ontheBoardofDirectorsBigBrothers/BigSisters into Milwaukee’s sexualassaultandhomicidecourt.Sheis 1998 andrecentlyrotatedoutofageneralfelonycourt of society. tate theoffender intoacontributing member grams aimtorestorethevictimandrehabili- might dotorepairtheharm. These pro- math andtodeterminewhattheoffender together todiscussthecrimeanditsafter- sometimes membersofthecommunity programs thatbringvictims,offenders, and Restorative justiceisanumbrellatermfor help offenders rebuildtheirlives. support forrestorativejusticeasawayto given eachyeartoajudgewhohasshown Service Award' Ashley, Gorencewin'Distinguished Kuhnmuench receives'GoldenGavel' AWARDS The newguidelinesapplytoselected misdemeanorsand Kuhnmuench hasbeenajudgesince and municipaljudges,helpedto meetings amongpolice,prosecutors, whichis Award,’ the Charging DialogueSessions. foraprojectcalled Service Award’ Association’s 2003‘Distinguished won theMilwaukeeBar U.S. CircuitCourt,Milwaukee,have Magistrate JudgePatriciaGorence, County CircuitCourt,and ‘Golden Gavel received the Justice DayReportingCenter. Milwaukee CountyCommunity graduation ceremonyatthe restorative justiceduringtheJune20 was honoredforhercommitmentto Milwaukee CountyCircuitCourt, The sessions,aseriesofpublic Judges Carl Ashley, Milwaukee Kuhnmuench Judge MaryM.Kuhnmuench, at right. County Victim-Witness CoordinatorMaryLeaSt. Thomasis during an April ceremonyatthestate Capitol. Waupaca (center) withthe'2003Victim Advocate ofthe Year' award Waupaca CountyClerkofCircuitCourts Terrie Tews Attorney GeneralPegLautenschlager(left) presented Tews honoredforworkwithvictims Richland judgewinsfor of childsupport, andmore. custody changes, enforcementofplacementorders, revision plain-English instructionsforfilling outrequestsforchild Kreimendahl assembledpackets oflegalformsandwrote WisconsinW.of Atty.Charles Legal Action matters. Community expandeditsservices toincludepost-judgment tions. mation oncourtproceduresandformswithdetailedinstruc- courthouse provideself-representedindividualswithinfor- of proselitigants. presented bytheincreasingnumber in aneffort toaddresstheissues Bar Association tostarttheprogram worked withtheRichlandCounty Richland CountyCircuitCourt, Judge Edward W. Leineweber, State Barof Wisconsin. Exceptional Achievement fromthe divorce cases,haswonan Award for assist self-representedlitigantsin profit formedfouryearsagoto central Wisconsin, named Tews its2003‘CAPartnerofthe for children,victimsofdomesticviolence,andthepoorin vides accesstohousing,jobtraining,counseling,andmore treatment ofvictims. won twoawardsforherworktoimprovethecourtsystem’s have receivedajudgment. Waushara andPortageCounties. and adultprotectionsocialworkersfrom Waupaca, agents, mentalhealthworkers,domesticviolenceadvocates, employees, childprotectionworkers,probationandparole Waupaca CountyClerkofCircuitCourt Terrie Tews has Recently, withagrantfromtheState Bar, Courtand Under theprogram,trainedvolunteersworkingin Court andCommunityofRichlandCounty, Inc.,anon- A Services,aprivate, non-profitcorporationthatpro- CAP She alsohasdevelopedapacketforcrimevictimswho „ pro se Leineweber Judge EdwardW. officers, court that drew130police dures inheroffice session aboutproce- informational She sponsoredan number ofways. the systemina worked toimprove for2003. Award’ ‘Victim Advocacy her withits2003 Association honored Professional Witness andthe Victim Year’ Tews has program F courts inWisconsin thenation around intern Law studentsfrom who donatedtheirtimein18 Wisconsin courthousesandthe reasoning toher. that Ptacektooktimeduringtrialrecessestoexplainhis much ofthecourtmystiqueinagoodway,” said Vance, noting technical expertisewithcommonsense. reach decisions.Shealsolearnedhowgoodlitigatorsblend how juriesperceiveattorneysandevenabitabout her alot.Observingjurytrialstaught helping todraftordersanddecisionstaught cases. from propertydisputestopersonalinjury the effect ofthosedecisionsincasesranging watched howdecisionsaremade,andsaw decisions. Shealsoobservedjurytrials, and caselaw, andhelpedtodraftorders Gerald P. Ptacek, Vance researchedstatutes experience she’llneverforget. cannot befoundinaclassroom.Itwasan Courthouse forthekindofeducationthat up residenceintheRacineCounty Wisconsin Marinette County: University Marathon County: State University* Kewaunee County: Marshall LawSchool Kenosha County: Iowa County: University; PaulLenz–BenjaminProctor Eau Claire County: University* County: Door Frishman, Universityof Wisconsin LawSchool Southern MethodistUniversity;SarahB.O’Brien–Michele Wisconsin LawSchool;MichaelNowakowski– Andrew Oostdyk, Dane County: Northern University College ofLaw;DonaldR.Zuidmulder–KatherineSloma,Ohio Brown County: Mitchell CollegeofLaw Barron County: Summer 2003 interns Summer 2003interns As asummerinternforChiefJudge Vance wasoneof26lawstudents–upfrom18in2002 Vance foundthatthechallengingworkof “Learning howajudgemakesdecisionhasdispelled College LawSchool,Carrie Vance took resh fromherfirstyearatBoston William D.Dyke– Adam Jeffries, Tulane University Peter C.Diltz–MatthewLynch, LouisianaState John C. Albert – Andrew Richards,Universityof Sue Bischel–John Verheyen, William Mitchell dadR rne KristaHowenstine, William Edward R.Brunner– Wilbur W. Warren III–MarkMilos,John Tim Duket–Ben Welch, University of Dorothy L.Bain–CraigMiller, Suffolk Dennis J.Mleziva–MatthewLynch, Louisiana William Gabler– Anthony Schrader, Temple intern forthesummer. over acasewithCarrieVance, his Chief JudgeGeraldP. Ptacek goes of CourtOperationsat(608)266-3121. For moreinformationortoparticipate nextyear, calltheOffice schools nationwide. 1997 bywritingpersonallettersabouttheprogramtolaw sionals. nity toobservejudicialproceedingsandshadowlegalprofes- researching andwriting.Manyinternsalsohaveanopportu- Chief JusticeShirleyS. Abrahamson startedtheprojectin *shared between DoorandKewauneecounties Mahaffay, Universityof Wisconsin Wisconsin Supreme Court: University of Wisconsin Waupaca County: Marquette LawSchool University; ReAnnaGrabow, MarquetteLawSchool;JennaMerten, Waukesha County: Marshall LawSchool Washington County: Cooley LawSchool Walworth County: Mitchell CollegeofLaw St. Croix County: Racine County: Florida CoastalUniversity Outagamie County: Victor Manian–Jeffrey Shock,MarquetteUniversity University; DanielL.Konkol–EricJanowak,Marquette University; MichaelJ.Dwyer– Verona Swanigan,NorthernIllinois Milwaukee County: based oneachcourt’s needs,including rural countieswentunfilled. Milwaukee countiesandsomeopeningsin interns wantedtoworkinDaneand requested anintern. As inpastyears,most matches applicantswithjudgeswhohave invites lawstudentstoparticipateand Office ofCourtOperations,theprogram 200 studentstocourtsin Wisconsin. inception, theprogramhasbroughtcloseto better preparingfuturelawyers.Sinceits tance totrialandappellatejudgeswhilealso Student InternshipProgramprovidesassis- its seventhyear, the Volunteer SummerLaw Wisconsin SupremeCourtthissummer. In „ The studentsaregivenavarietyoftasks Administered byMelissaLambinthe Gerald P. Ptacek–Carrie Vance, BostonCollege Edward F. Vlack III–Lynn Jokela, William John P. Hoffmann –MichaelGunderson, James L.Carlson–JoelBornkamp, Thomas M. Kathryn W. Foster– Alison Dunlop,Gonzaga John A. DesJardins–SethGoettelman, Jean W. DiMotto–LillieDeWitt, Marquette Annette K.Ziegler–KyleFabitz,John Shirley S. Abrahamson – Alyssa

THE THIRD BRANCH 2003 Summer 9 10

Summer A "forever" family 2003 by Judge Andrew P. Bissonnette Dodge County Circuit Court THE THIRD BRANCH

bout six years ago, I was fortunate to preside over the well. Sophie was just beaming at this point. Aadoption of a very young girl from India by some After that, each of the three girls read handwritten state- friends from Beaver Dam. I am in the Beaver Dam Lions ments into the record. Among other things, 10-year-old Sarah Club with Melodie, and I worked with her husband Tom to stated that, “I like being adopted because I will always have establish Habitat for Humanity of Dodge County. Their my family together and will never be alone anymore.” second daughter was born to them the year following the Melodie started to cry softly at this point. Sarah has been adoption. For several years, they had their two little girls: home just one year. brown-eyed, dark-haired Molly, their daughter by adoption, Seven-year-old Molly then read her statement, including, and, blue-eyed, blond Sophie, their daughter by birth. The “Congratulations Sophie for being adopted. It means that you girls got along as well as any two sisters ever could. The have a forever family like me and Sarah. I love you, even if family eventually joined the same church that I attend in we argue sometimes.” Tom was also crying by now. Beaver Dam, so I got to know the girls very well. Six-year-old Sophie then moved in front of a microphone Late last year, I again had the pleasure of presiding over and read, “I want to be adopted because my sisters were the adoption of another girl from India by this same family. adopted. It is going to be kind of scary to me because I have Molly and Sophie were in court to witness their sister Sarah’s never been adopted before. I think I am going to like being adoption. Sophie had adopted because it occasion at home to will make me special hear her parents talk and I will feel good about adoption. They about having a forever have explained that family just like my adoption is a special sisters. . . my parents way to have children, love us so much they and that when children chose us specially to come to their family be their children. Now through adoption, they we are all adopted!” have a “forever” Every adult in the family in addition to courtroom, myself their birth family. included, had teared You might imagine up by this point. my surprise late this At the first two spring when Melodie adoptions, the girls came up to me and retained Indian middle confided that Sophie names, Molly Madira was feeling left out and Sarah Sabitri. because she was the Judge Andrew P. Bissonnette with Sarah, the newly "adopted" Sophie, and Being tipped off by Molly. only one who was not Melodie in advance, I adopted. Sophie was asked Sophie if she concerned that she was not “special enough” to get adopted wanted to add a middle name and of course she did. She now and did not have a “forever family” like her sisters. Try as wants to be known as Sophie Lakshmi. I signed the adoption she might, Melodie could not dissuade Sophie from her ‘order’ and gave it to the family. The usual hugs and photo- views. I advised Melodie that there was an easy fix to this graphs followed. Afterwards Lynn Steger, my clerk, was problem and she and Tom agreed. Within weeks, we found a heard to say, “This is crazy. I’ve clerked so many of these date and issued a notice for Sophie’s “adoption” hearing. adoptions and this is the first one that I ever cried at.” In mid-June the entire family arrived in my courtroom. I Adoptions are often the high point of the week for a trial came out with my robe on and with the usual staff in atten- judge. This was more like a high point of the year. dance. Everything looked and sounded exactly as Sophie had Something very powerful had occurred and it had not really witnessed it at Sarah’s adoption. I held up and pointedly been expected. We glimpsed firsthand the tremendous depth mentioned an adoption study, which was actually from and power of love among these five people. If anyone Sarah's file. Tom was sworn in and testified. He mentioned questions the value and importance of adoption, they should how much he loved his wife and each of the three girls. He have experienced this! „ noted that they had adopted Molly and Sarah because they were “so special” and that is exactly how he felt about This story was used with the permission of the family. Sophie too and so they wanted to adopt her into the family as 11

PEOPLE Summer 2003 Walworth County has joined a growing list of counties In a front-page story headlined, “Do we need a mental pursuing people who do not respond to jury summonses. On health court?”, The Capital Times explored the concept of THE THIRD BRANCH May 1, the judges began issuing bench warrants for individ- mental health courts and the pros and cons of developing uals who had received, and failed to return, jury question- one in Madison. The story said a local committee that naires. By April, they had issued included Judge Gerald Nichol, District Atty. Brian 175 warrants. “It’s a wake-up call,” Blanchard, Atty. Dorothea Watson of the State Public Judge Michael S. Gibbs told The Defender’s Office, and representatives of Dane County Janesville Gazette. “For the court Human Services, recently voted to apply for a $300,000 system to work properly, we need grant to fund a new mental health court, but the eight Dane jurors to protect the constitutional County judges in the criminal rotation stopped the grant rights of their fellow citizens.” application. The story quoted Judge Sarah B. O’Brien, who “Judge brings not just order, but explained that the judges did not believe the time was art, to the courtroom,” a feature in right – given the budget crisis, growing caseloads, and the Judge Michael S. the Watertown Daily Times, need to save existing jail-diversion programs – to create a Gibbs showcased Judge William F. Hue’s new specialty court. In addition, Judge Stuart A. new “Art in the Courts” project. The project has brought Schwartz said that a mental health court likely would more than 60 pieces of art to the Jefferson County require enabling legislation, given that this type of court Courthouse, including about 40 from the Watertown Arts typically enforces medication. Others expressed concern Council and approximately 20 from Hue’s private collection. that Dane County’s mental health agency might not be The artwork ranges from the large, abstract pieces that hang able to handle an increase in referrals. County Executive in the back of Hue’s courtroom to more traditional pieces Kathleen Falk expressed disappointment that the new that depict the flag, the U.S. Constitution, and other symbols court would not be pursued: “I actually thought at one Judge Stuart A. Schwartz of law. “I think it makes the time that we stopped jailing mentally ill people in the courtroom more comfortable and 18th century. But apparently I was mistaken in Dane less sterile,” he told the newspaper. County,” the newspaper quoted her as saying. “The pieces make this setting more “Judge for all seasons,” a front-page feature story in The ‘human’.” Hue told the newspaper Capital Times, traced the highlights of U.S. Senior Judge he has taken several pieces down, Thomas E. Fairchild’s lengthy career in the law. As either because they presented safety serving as the state’s attorney general and making an concerns or because people found unsuccessful run against Sen. Joseph McCarthy, them distracting, but most of the art Fairchild won a seat on the Wisconsin Supreme Court. has been well-received. Funded His father, Justice Edward T. Fairchild, was retiring Judge William F. Hue with a start-up grant from Hue, Art from the Court as he swore in his son in 1957. Thomas in the Courts is collecting donations through Whitewater Fairchild, now 90 years old, served one term on the state Atty. Martin Harrison. Supreme Court before moving to the U.S. Court of When Kenosha’s Central High School unveiled its new Appeals in Chicago. There, he handled the famous Wall of Success, the four living inductees included two “Chicago Seven” case, stemming from riots at the 1968 Justice Thomas E. judges: Mary K. Wagner (class of 1967), who has served Democratic National Convention. In his lengthy career, Fairchild on the bench in Kenosha County Circuit Court since 1991, Fairchild has won numerous honors but no tribute has meant and Denise Nau (class of 1975), a newly appointed drug more to him than the Fairchild Lectureship established at the court judge in Cheyenne, Wyo. Wagner, who attended law University of Wisconsin in 1988. His former law clerks school at night while serving in the state Assembly, is initiated the annual seminar, and several of them spoke to deputy chief judge for the Second Judicial District the newspaper, calling Fairchild a kind, remarkable man (Kenosha, Racine, and Walworth with great integrity. counties). Judge Mel Flanagan, Milwaukee County Circuit Justice Jon P. Wilcox was the Court, has added a triathlon to her list of athletic credits. guest speaker in May at a ceremony Flanagan, a black belt in Aikido who regularly teaches inducting Harv Erdman – also self-defense classes at the annual Judicial Conference, known as “Mr. Music” – into the competed in the Danskin Triathlon on July 13 in Wautoma Area School District’s Kenosha. She finished 1,855 out of 2,226 participants, Badura Wall of Fame. Erdman was completing the half-mile swim in 27 minutes, the 16-mile a music instructor at Wautoma High bike ride in 42 minutes, and the five-kilometer run in 34 School from 1947-84 and is the minutes. Several colleagues helped Flanagan to achieve Justice Jon P. Wilcox Judge Mel Flanagan second teacher added to the wall of this goal. Judges Kitty K. Brennan, Milwaukee County fame. The first was to the late Jeff Badura last year. In his Circuit Court, and Patricia S. Curley, Wisconsin Court of speech, Wilcox named Erdman a “legend in his own time,” Appeals, trained with her but did not compete, and Judge reported the Waushara Argus (Wautoma). Mary Kay Wagner, Kenosha County Circuit Court, see People on page 17 12

Summer VOLUNTEERS IN THE COURTS 2003

THE THIRD BRANCH Dodge County begins victim-offender CASA, WTCA set conferences annual conferences

or those who troll for symbols, locked doors are a treasure: the darkness, the The Wisconsin CASA (Court Fseparation, and suspicion. So it seemed fitting that the very first case to come Appointed Special Advocates) to Dodge County’s new restorative justice program – a project that emphasizes Association and Wisconsin Teen Court communication and reconciliation through victim-offender conferences – focused Association (WTCA) will both hold on locked doors. their second annual conferences this The offenders, two teenagers aged 13 and 15, met with the victim and the September. facilitator at the scene of the crime: a northern Dodge County church that they burglarized. In the conference, the offenders learned from the pastor that the teens CASA had stolen something irreplaceable: the sense of security that once was felt within The Wisconsin CASA Association the church walls. Since the burglary, the pastor told the teens, the doors to the has announced their second annual church are always locked. This is the only way to safeguard the people who work conference open to CASA volunteers, there, including a number of elderly women who are afraid. professionals in social services and “This one young man had no idea how far-reaching his actions were,” said mental health, judges, guardian ad Nancy Franke, director of Restorative Justice for Dodge County. Franke said the litem attorneys, foster parents, and meeting was an emotional one, and it ended with the teens agreeing to the pastor's educators. The conference will be at request that they meet with the ministers in their own churches and ask to be the Kalahari Resort in Wisconsin Dells assigned community service work. Franke’s job, in addition to organizing the on September program and fundraising, is to make sure those promises are kept. 20, 2003. The Three months ago, there was no opportunity for victim to meet offender, ask keynote questions, explain the crime’s impact, and be directly involved in designing a speaker will restitution plan. That has changed, thanks to the leadership of Judges Andrew P. be Atty. Bissonnette, Daniel W. Klossner, and John R. Storck, all of whom helped to lead Adam Cornell; Chief Justice Shirley S. the effort. “Once I heard about restorative justice and what impact it was having Abrahamson will also speak. in other Wisconsin communities, I knew that we needed to bring it to Dodge The Wisconsin CASA Association County to benefit our citizens as well,” Bissonnette said. “Restorative justice supports the development, growth and programs leave victims feeling safer and more satisfied, while reducing recidi- continuation of local CASA programs vism for young offenders.” that recruit and train volunteers to After securing a grant from the Office of Justice Assistance (see The Third serve as Court Appointed Special Branch, winter 2003), the county established a board of directors for the program Advocates for children who are (the board includes representatives of law enforcement, clergy, social workers, subjects of judicial proceedings and county government) and the board hired Franke, a longtime volunteer coordi- involving allegations that they have nator for Dodge County Human Services, to work 32 hours per week as program been abused, neglected, and are in director. In May, after having recruited volunteers, Franke brought in a team from need of protection or services. The Barron County Restorative Justice to conduct six hours of training. Association also serves as a resource “We now have 18 volunteers who are just out-of-this-world,” Franke said. The to educate, promote and strengthen facilitators include teachers (both active and retired), social workers, home- CASA services in Wisconsin. makers, nurses, a father-daughter team, and a husband and wife. For now, they There are currently eight CASA are handling only selected cases involving non-violent juvenile offenders. If the programs in Wisconsin for the victim turns down the offer of a facilitated meeting, s/he still has the option of following counties: Bayfield County, receiving a letter of apology from the offender. Brown County, Columbia-Sauk The next step is to develop victim impact panels, which are designed to give Counties, Dane County, Fond du Lac offenders an up-close look at the devastation that can result from drunk driving. County, Kenosha County, La Crosse Victims spend about an hour relating their stories as offenders listen. According to County, and Milwaukee County. an Outagamie County study, 14.7 percent of offenders who attended a victim Volunteers for each program range impact panel committed another drunk driving offense; the recidivism rate among from 16 to 43, serving up to 100 those who did not attend was 36.4 percent. “We just need to decide the types of children in some programs. cases we’re going to pick, and identify victims who are willing to participate,” Franke said. For more information contact the Recruitment and fundraising for all restorative justice initiatives are at the top Wisconsin CASA Association at (608) of Franke’s list, and she has booked meetings with local civic groups, religious 742-5344 or e-mail wicasa@wisconsin- leaders, and professional organizations into 2004. “This weekend, the 4-H is casa.org. putting on a car wash and donating the proceeds for restorative justice,” she said. “As word gets out, everybody wants to get involved.” „ see Conferences on page 13 juries aspartof the sentence. The courtalso provides court requiresthat theoffenders sitonfutureteencourt attorney's office forprosecution. complete allrequirementsorbe referred tothedistrict six monthsfromthedateof sentence inwhichto active monitoringofeachteen's progress. The offender has trouble intheyearthatfollows. percent ofkidsgoingthroughtheteencourtstayout offenses. The mostrecentrecidivismnumbersshowthat88 trespassing, curfewviolations,vandalism,andfireworks disorderly conduct,smoking,criminaldamagetoproperty, between theagesof12and16whoadmittedtoretailtheft, minimum since1997. will notbeabletoconveneeverymonthasithasata court’s abilitytohandlecases,Jentschsaiditislikelythat certain whatimpactthereducedhourswouldhaveon cut backfrom20hoursperweekto13. While shewasnot serving teencourtleaderinthestate,saidshewasforcedto employee ofLutheranSocialServicesandthelongest- funding sourcehasbeenfound. several ofthesegrantshaverunout,andnopermanent School District,andcivicorganizations suchasRotary. But Assistance, SheboyganCounty, United Way, theSheboygan funded withapatchworkofgrantsfromtheOffice ofJustice problems. its hoursalmostinhalfasofJune1becausebudget County, waslaunchedbyJudge BruceSchmidtin1996),cut T Sheboygan Teen cutsservices Court Teen court had over200participantsfromavarietyofbackgrounds, for parentsofdefendants,andothers. viewing andcreativesentencingoptions,parentingprograms both. Topics willincludecommunityservicelearning,inter- coordinators, youthvolunteers,andsessionsofinterestto breakout sessions. The breakoutsessionswillbeoffered for The conferencewillfeatureawards,andspecialized the endofJuly. Hotel andSuitesin Wausau. Brochures willbeavailableby ence isscheduledfor Thursday, September25atthePlaza or learningmoreabouttheteencourtprocess. The confer- coordinators, volunteers,andthoseinterestedindeveloping to announcethesecondstatewideconferenceforteencourt Conferences OUTESI H COURTS THE IN VOLUNTEERS The firststatewideconference,heldinNovember2001, The Wisconsin Teen Court Association (WTCA)isproud Like mostof Wisconsin’s 30teencourts, theSheboygan Key tokeepingtherecidivismfigure lowisJentsch’s In 2002,thecourthandled53casesinvolvingoffenders Sheboygan Teen CourtCoordinatorJeanneJentsch,an In itssix-yearlife,theSheboygan Teen Courthasbeen Justice Ann Walsh Bradleywillbethekeynotespeaker. teen courtsin Wisconsin (theoldest,in Winnebago he Sheboygan Teen Court,oneofthelongest-running continued frompage 12 court coordinator, toimprove thecourt’s visibility. currently workingwithJeanneJentsch, Sheboyganteen Rich. that inmind,onesuccessfulcase wouldpayforitself,”said the county$175perdayorapproximately$36,700.“With juvenile tostayindetentionforsevenmonthsitwouldcost Sheboygan canfunctionon$25,000peryear. Forone community. According tothelatestfigures,teencourtin and seekadditionalfundingfrombusinessesaroundthe bono three foundations. Sheboygan model,hasfoundfundingthrough2004from That court,establishedtwoyearsagoandbasedonthe Kocourek, whohelpedtostarttheManitowoc Teen Court. Manitowoc, wheresheistakingoverforretiredSheriff Tom and thecommunity. Sheisalso expandingherworkto communicate theimportanceofteencourttoschools technical collegeandplanstostrengthenhereffort to judges. Technical Collegecriminaljusticeprogram,whoserveas important experienceforstudentsfromtheLakeshore 920-236-1120 [email protected]. President ShirleyZahnofWinnebago CountyTeen Courtat Vice mail [email protected]; orWTCA Livingston ofVilas CountyTeen Courtat715-479-3749ore- PresidentNancy Anne For moreinformationcontact WTCA For moreinformation contact Richat(920) 892-2449. of teencourt New municipal court hopestomakeuse tion orfostercareforonejuvenileoffender foroneyear. with mostteencourtprogramscostinglessthanincarcera- juvenile justicesystem. Teen courtiscosteffective aswell, much asfivetimeslowerthantheratefortraditional teens whocompleteteencourtprogramsis10-20percent,as offenders. In Wisconsin, thestatewiderecidivismratefor justice responsetoeffectively dealwithfirsttimejuvenile including manyyouthvolunteers. Teen courtisarestorative sending casesthere. hours, anewmunicipalcourtinPlymouthisconsidering Atty. ElizabethGamskyRich,State Barof Wisconsin Hoping toincreasetheusageof teen court,Richis Jentsch hopestocontinuetakinginternsfromthe In spiteoftheSheboyganCounty Teen Court’s shortened coordinator, hasvolunteeredtopromotetheteencourt „ „ pro

THE THIRD BRANCH 2003 Summer 13 14

Summer New faces continued from front page 2003 coming into my court dealing cocaine to their own people. Tessmer has been appointed deputy law librarian. Whole black communities are destroyed because of folks

THE THIRD BRANCH Colwin frequently gives presentations on computerized like you … who think this is a good way to make a living. legal information resources for lawyers, judges and librari- You are doing nothing but the devil’s duty.” ans and teaches at both the Before he joined the circuit court, Higginbotham was Wisconsin Judicial College Madison’s full-time municipal judge from 1992-94. He and the Wisconsin Judicial began his career as a staff attorney at the Legal Aid Society Conference. In collaboration of Milwaukee in 1985. with other Wisconsin State Higginbotham was among five finalists culled from a Law Library staff she devel- pool of 21 applicants. Others making the final cut were: oped and now co-teaches a Judge Ramona A. Gonzalez, La Crosse County Circuit half-day course, Wisconsin Court; Department of Justice Attys. Maureen McGlynn Legal Research in a Flanagan and JoAnne Kloppenburg; and Onalaska Atty. Nutshell, which has been Janet Jenkins. presented to groups of District IV hears appeals from 24 counties in the central public, academic, and and southwest portions of the state. Higginbotham is joining special librarians across Jane Colwin Judges David G. Deininger, Charles P. Dykman, Paul G. Wisconsin. Lundsten, and Margaret J. Vergeront. The Wisconsin State Law Library is the state’s oldest library, established by the U.S. Congress when the Three circuit court appointments pending Wisconsin Territory was created in 1836 so that the frontier At press time, there were vacancies in branches of the legislators would have access to law books. The library has circuit court in Dane, Marathon, and Milwaukee counties. since expanded its mission and now serves not only legisla- In Dane County, the governor will select a replacement tors, judges, and attorneys, but government agencies, media, for Judge Paul B. Higginbotham, whom he appointed to the and members of the public. Court of Appeals. In Milwaukee County, the seat held for 11 years by Judge Jacqueline D. Schellinger is vacant follow- Former coordinator rejoins CHIPS ing her retirement this summer (applications were due in program late June); and in Marathon County, Judge Raymond F. Michelle Jensen-Goodwin, who coordinated the Thums’ retirement after 15 years on the bench has created a Children’s Court Improvement Program in the Office of vacancy (applications were due in early June). Court Operations from 1997-2001, returned to the courts on July 14 to continue her work on the project. Chief deputy for Supreme Court/Court of Jensen-Goodwin, who returned as director of the Appeals named Children’s Court Improvement Program, will administer a Cornelia Clark, clerk of the Wisconsin Supreme Court federal grant designed to improve the handling of children and Court of Appeals, has appointed Dawn Sturdevant in need of protection or services. She will work closely with Baum as her chief deputy clerk. Baum will handle a variety the U.S. Department of Health and Human Services, the of tasks including researching and drafting Supreme Court Wisconsin Department of Health and Family Services, and rules petitions. She will begin the job on August 20. circuit courts throughout the state to implement child Baum has been working as the only attorney on the staff welfare system improvements. of the Supreme Court of the Navaho Nation in Window The improvements are largely focused on moving chil- Rock, Ariz. She is a member of the Menominee Nation and dren out of foster care and into permanent homes more a Wisconsin native who received her law degree in 2001 quickly. The federal Adoption and Safe Families Act from the University of Wisconsin Law School. (ASFA), adopted in November 1997, put a number of Baum replaces Theresa Owens, who served in the role requirements in place to help ensure permanency for chil- from May 2000 until her resignation July 2. Owens is now dren. In January 2000, the Federal Administration on clerk of court for the U.S. District Court in Madison (see Children, Youth, and Families, a division of the U.S. separate story, page 5). Department of Health and Human Services, issued regula- tions to secure state compliance with ASFA and Title IV, Colwin named state law librarian Part E of the Social Security Act, which governs eligibility Effective June 30, the Wisconsin Supreme Court for foster care. appointed longtime Wisconsin State Law Library employee Prior to returning to the Office of Court Operations, Jane Colwin to the post of state law librarian. Colwin will Jensen-Goodwin was employed by the Wisconsin oversee the operation of the main library in the Risser Department of Health and Family Services as a Child Justice Center on the Capitol Square as well as the branch Welfare Policy specialist for two years where she was libraries in the Dane County and Milwaukee County court- responsible for bringing the state’s statutes, administrative houses. rules and Title IV-E program policy into further compliance Colwin has served as interim co-state law librarian, with ASFA. „ along with librarian Julie Tessmer, since February 2000. D by DanWassink, PPAC seniorpolicyanalyst PPAC wants tohearit Have anopinion? G Juvenile Justice Commissionisnamed addressing youth needsinthecommunity. and communityorganizations forhighpriorityprojects governor makesfundsavailableto localunitsofgovernment respond tojuvenilecrime. Through thecommission, policy andapprovesfederalgrants designedtopreventand Moeser, totheGovernor’s JuvenileJusticeCommission. with DaneCountyJuvenileCourtCommissionerJames Christopher R.Foley, MilwaukeeCountyCircuitCourt,along year. state courtsinthesubcommittee’s finalreportlatenext will beforwardedtotheSupremeCourtanddirectorof desired outcomes,anddetermininghowtomeasuresuccess, along withstrategiesforaddressingthetopissues,achieving courts withinthenextthreetofiveyears. That information, determine thefourorfivemostcriticalissuesfacing opinions solicitedfromattorneysandthegeneralpublic, court systememployees,combinethisinformationwiththe stages ofitswork.Memberswillexaminetheresponsesfrom the summersurveyandJudicialConferenceinfinal discussion abouttopicsoftheaudience’s choosing. the summersurvey, thenengage participantsinamoderated courts. Preliminaryplansaretofocusonthetopissuesfrom chance tospeaktheirmindsonthecriticalissuesfacing of Thursday, October16,thesessionwillgiveattendeesa another opportunitytooffer feedback.Slated fortheafternoon preters. ticularly intheareasofcourtsystemfundingandinter- in addressingthecriticalissuesidentifiedthatreport,par- court system.Sincethen,significantprogresshasbeenmade and directorofstatecourts,helpedsettheagendafor shape thesubcommittee’s finalreporttotheSupremeCourt to fundvariousprograms. The resultsofthis surveyhelped guidelines, andtherisingdependenceonfeessurcharges litigants, thedwindlingnumberofcourtreporters,indigency 2001, thetopissuesincludedgrowingnumberof numerical scale. the courts,andasksrecipienttoscorethemusinga judges, clerksofcourt,anddistrictcourtadministrators. to supremecourtjustices,appellatejudges,circuit readers alreadymayhavereceivedthesurveyrecentlymailed PPAC membersalreadyhavehadtheirsay;and staff fromalllevelsofthecourtsystem.Courtmanagersand planning subcommitteeisreadytolisten. Court’s PlanningandPolicy Advisory Committee’s (PPAC) attention tooverthenextfewyears?Ifso,Supreme At thisyear’s JudicialConference, PPAC willpresent The commissionadvisesthegovernor onjuvenilejustice The planningsubcommitteewillusetheinformationfrom When thesubcommitteeconductedasimilarsurveyin The surveyoffers awiderangeofcriticalissuesaffecting The subcommitteeisonceagainsolicitingtheopinionsof In additiontojudges, thecommissionincludesattorneys, Suggestions forissuesthecourtsshouldpayspecial o youhaveopinionsonthefutureofcourtsystem? Bissonnette, DodgeCountyCircuitCourt,and overnor JimDoylehasnamedJudges Andrew P. „ Third Branch pro se executive director ofFightingBack,Inc.,Milwaukee; Police Jansen, Shorewood HillsPoliceDepartment; Tasha Jenkins, North America; PoliceChiefJerald team manageratSITEL northern rural Wisconsin; Annette Hetherington, Baraboo, owner ofanon-profitbusinessdevelopment companyin Dane Countydistrictattorney;Karen Harden,Hayward, Club ofGreaterLaCrosse; Atty. BarbaraFranks, assistant Terrance Erickson, executivedirectoroftheBoys&Girls director oftheState PublicDefender’s Trial Division,Racine; The othernewmembersare: Atty. JenniferBias,deputy service providers,lawenforcementofficials, andeducators. youth advocates,representativesofcommunityorganizations, T conferencing inManitowoc fundsvideo- bureau Immigration Beyer [email protected]. information ontheManitowocCountyproject,contact Jeffrey www.wicourts.gov/circuit/videoconferencing.htm. Formore The videoconferencingmanualcanbefoundat Patrick L. Willis. Schibline; HumanServicesDirector Tom Stanton; andJudge Counsel Steve Rollins;ClinicalServices SupervisorDave Reckelberg; District Attorney MarkRohrer;Corporation Administrator LarryLedvina;Comptroller/Auditor Todd District Court Administrator JerryLang;JuvenileJail Probate/Juvenile CourtCommissionerPatriciaKoppa; Jeff Hastreiter;JudgeFredH.Hazlewood; Registerin County ExecutiveDanFischer; Assistant Jail Administrator Court CommissionerPatriciaCoppa;JudgeDarryl W. Deets; Beyer; InformationServicesDirectorBobBlashe;Circuit Circuit CourtJoeBauknecht;Public Works DirectorJeffrey Counties Association. State CourtsJohn Voelker inpartnershipwiththe Wisconsin Wisconsin Bridging theDistance:ImplementingVideoconferencing in designed system)andfollowedthebestpracticeslaidoutin (Chippewa County, inparticular, wasfoundtohaveawell intake hearingsviavideoconference. will beavailabletothecourts,whichanticipateconducting heavy caseloadintheManitowocarea. The equipmentalso Illinois, Indiana,and Wisconsin, hashadanincreasingly County Jail. The bureau’s Chicagooffice, whichcovers hearings withallegedillegalimmigrantsintheManitowoc will beonwheels. One ofthecourtroomsetswillbepermanent;otherthree of ManitowocCounty’s fourcourtroomsandthecountyjail. handle atleastthreehearingseachweek. was settobeginoperatingby August 1,andwasexpectedto $15,000 fromhisoffice budgettomovetheprojectforward;it Courthouse. ClerkofCircuitCourtJoeBauknechtadded videoconferencing systemintheManitowocCounty Services, orINS)hasprovideda$75,000granttodevelop The peopleontheplanningcommitteeare:Clerkof The systemwasdesignedbyateamthatvisitedothersites The immigrationbureauwillusetheequipmenttoconduct The systemwillmakevideoconferencingavailableineach (formerly knownasImmigrationandNaturalization he U.S.BureauofCitizenshipandImmigrationServices , aJune1999manualdevelopedbynow-Directorof „ see Commission on page 22

THE THIRD BRANCH 2003 Summer 15 16

Summer DCA returns from Persian Gulf 2003 istrict Nine Court Administrator Scott K. Johnson, an Chief Judge James Evenson, Sauk County Circuit Court, Air Force major, has returned from five months of chaired the subcommittee; other members included Chief THE THIRD BRANCH D active duty in the Persian Gulf. Although still on active Judges Edward R. Brunner, Barron County Circuit Court, duty, he is able to spend some time with his wife in their and Kathryn W. Foster, Waukesha County Circuit Court; new home in Wausau and will return to the office next and District Court Administrators Kerry Connelly, Michael week. Neimon, Bruce Harvey, and Kathleen M. Murphy. Johnson’s return will usher “reserve” District Court The subcommittee recommended a plan to the director Administrator James Seidel – much to Seidel’s delight – of state courts. Under this plan, three of the district court back into retirement. The Committee of Chief Judges at its administrators are dividing responsibility for the central August meeting thanked Seidel for his hard work. Wisconsin counties that are not covered, and District I is Due to budget uncertainly, the vacancy in the District helping out with DAA coverage. The director’s office will Six office, located in Stevens Point, will continue for the develop the final plan for coverage based on these recom- foreseeable future, and a district administrative assistant mendations. (DAA) position (in District Three, headquartered in Wisconsin’s system for court administration divides the Waukesha) also will be held open. In addition, an extended state into 10 districts, each with a professional adminis- medical leave has left the District II (headquartered in trator, an assistant, and a chief judge and deputy chief Racine) office without DAA coverage. judge. This 10-district system has been in place since the The Committee of Chief Judges addressed the need to reorganization of the court system in 1977-78. „ plan for continuing coverage for these vacancies at its June meeting, appointing a subcommittee to develop a plan.

CELEBRATING THE SESQUICENTENNIAL

Supreme Court traveling exhibit attracts crowds around state

ustice John Barnes served just eight years on the JWisconsin Supreme Court before opting to return to We do not underrate the efficacy of prayer. private practice, but in that time he made his mark with Neither are we prepared to say that the average plainspoken decisions that sparkled with wit. high school graduate may not need it. But Barnes is the only Rhinelander lawyer to have served whenever it is likely to do more harm than good, on the state’s highest court. Justice Ann Walsh Bradley it might well be dispensed with. It is not at all and Oneida County Circuit Court Judge Robert A. Kinney times wise or politic to do certain things although recently honored him at a ceremony to unveil the no legal rights would be invaded by doing them. Supreme Court's traveling exhibit in Rhinelander’s court- house, which is an historic landmark. The traveling exhibit highlights six cases in honor of the Standing in the rotunda of the courthouse, which was Supreme Court’s 150th anniversary as a separate court, a Justice John Barnes completed in 1910 milestone that is being during Barnes’ term on the celebrated throughout Supreme Court, Bradley 2003. While none of the told the assembled crowd cases involved Justice of lawyers, court staff, John Barnes, they do county officials, and media highlight issues as diverse about Barnes' last decision. as margarine smuggling, The case centered on women’s suffrage, and the whether holding public fate of fugitive slaves, and school graduation cere- therefore offer a colorful monies in local churches tour of the state’s history. was a violation of the Prior to the Constitution. Barnes wrote Rhinelander stop, the for a unanimous Court that exhibit spent the month of affirmed the trial court: the June in Oshkosh, moved school board was not Justice Ann Walsh Bradley presided over an unveiling ceremony in to Wausau for July. In violating anyone’s rights the Marathon County Courthouse in July when the Supreme Court's September, it will head for traveling exhibit stopped in Wausau. by holding these cere- Green Bay and a Superior monies in church facilities. But then, he added a passage – visit is slated for October. The exhibit was developed with which Bradley read aloud at the ceremony – that showcases two grants, and the cost of travel is being borne by county his wit and common sense: bar associations. „ gation tolowerthe railingsothecourtroomwas functional,” in part,thenewspaper. “Itshouldnothavebeen myobli- that assessmentinalettertothe architect thatwasreprinted, was toblameforthebadsightline. Mohrtookissuewith county’s PublicPropertyCommitteethatMohr'ssuggestion a storyin “Mohr sayshe’s nottoblameforcourtroomdesignerrors,” problem thatblocksthejudge’s viewofthewitnessstand. not anticipatethathewouldlaterbeblamedforalayout and hewrote:“whilemedicalresearchmaybeoneofthe about twopercentoftheclinic’s patientsreceivefreecare, association andresearchfacility. ButHowardfoundthat taxes itargued itshouldnothavehad topayasabenevolent that theclinicwastryingtorecoverabout$1.4millionin tax case,”afront-page exempt, madebigheadlinesin April. “Clinicloses Wausau County CircuitCourt,thattheMarshfieldClinicisnottax- DARE isatragedy. Ididn’t getridofDARE.” Hoenisch that theproblematicideashouldbedropped. General PegLautenschlagerdecided,accordingto into CCAP. The inquiryneverreachedtheclerks; Attorney data, butmerelypostswhattheclerksofcircuitcourtenter doesnotgenerate Jean Bousquetpointedoutthat WCCA search. CircuitCourt Automation Program(CCAP)Director undercover agentsfrombeingexposedthrougha WCCA Wisconsin CircuitCourt Access (WCCA)inordertoprotect into whetherfalsecriminalhistoriescouldbepostedon by theDepartmentofJustice’s CrimeInformationBureau weekly alternativenewspaper. The articlediscussedresearch Judge DorothyL.Bain histories” appearedinaJuneissueof race prep. contributed hercondominiumonthelakeforFlanagan’s Howard Judge Vincent K. PEOPLE decisionbyJudge A decisionbyMarathonCountySheriff A “No fooling/State drawslineatcreatingfalsecriminal The Three LakesNews to eliminatethedrugabuseresistanceeducation continued frompage 11 Marshfield NewsHerald house’s smallercourtroom,hedid Record Review Vincent K.Howard during aremodelingofthecourt- slightly moretowardthegallery suggested rotatingthejudge’s bench Mohr Centers.” either theMosineeor Wausau to theprimarybusinessconductedat its highestendeavor, itisincidental clinic’s mainmissionsandperhaps County CircuitCourt,told Judge defend themselvesagainstcriticism. play aroleinthedecision–to left thelocaljudges–whodidnot security causedapublicoutcryand money towardincreasedcourthouse parochial schoolsandredirectthe (DARE) programin12publicand When ChiefJudge , Vilas CountyCircuitCourt, Dorothy L.Bain , saidthearchitecttold Isthmus (Edgar): “Ending Randy , Marathon , Madison’s James B. , Marathon story, said Isthmus The , book tellsthestory ofsevenNavypilotswhowere shot Flyboys, aTrue Story ofCourage Justice commons, oppositethelong-standing Athletic HallofFame. Society ineachclass. The plaqueswillhangintheschool salutatorian, andseniormembers oftheNationalHonor members arecreatingplaquestohonorthevaledictorian, perform well.Maddenandothersteeringcommittee Academic HallofFame,aneffort toinspirestudents is participatingintheHurleySchoolDistrict’s new privacy inabathroomstall. evidence, rulingthatpeopleshouldbeabletoexpect Marik pering. The officer foundcocaine,butJudge noted twosetsoffeetnearthetoiletandheardwhis- stall doorattheRacineCivicCenterafterofficer is ajar. The caseinvolvedapoliceofficer whopushedona a personisinthestallwithanotherindividualanddoor District II. The courtruledthat privacycannotbeexpectedif bathroom privacybythe Wisconsin Courtof Appeals, an interpreter, butweretoldthatnonewasavailable. about thejuror. They alsohadrequestedthatthebailiff find the panelhadsentjudgeanoteexpressingconcerns remain onthejury. Duringdeliberations, othermembersof not understandEnglishshouldhavebeenpermittedto who hadlivedintheUnitedStates for20yearsbutdid County CircuitCourt,findingthataLaotianimmigrant Court overturnedasexualassaultconvictionfromBrown reported innewspapersaroundthestateMay. The adequately (andsostatedonthejurorquestionnaire)was trial becauseonejurorcouldnotunderstandEnglish footage. been publiclyaired,butnottheirnotesandrawvideotape indicating thattheywerewillingtoturnoverwhathad dead. The mediaoutletshadresponded toasubpoenaby man accusedofkidnappingawomanwhowaslaterfound towithholdtheirnotesfromjailhouseinterviewswitha TV ruling thatpermittedthe the state. The storyheraldedJudge Associated Pressstorythatappearedinnewspapersaround over notestoprosecutors”wastheheadlineonan about 60otherpeopleinJuly2000. the badmeatkilledathree-year-old girlandsickened appeals courtreinstated14lawsuitsagainstthecompany; Sizzler restaurantsinMilwaukeeand Wauwatosa. The Corp., whichsuppliedmeatcontaminatedwithE.colito circuit courtrulingthathadbarredlawsuitsagainstExcel headlines aroundthestateinMaywhenitreverseda them afee.” Mohr wrote.“Thatiswhypeoplehirearchitectsandpay Author/historian Wisconsin SupremeCourt decisiongrantinganew A Wisconsin PublicRadioreportedonadecision The Wisconsin Courtof Appeals, DistrictI,made Judge “Judge saysnewsorganizations donothavetoturn , RacineCountyCircuitCourt,barreditfrom Ann WalshBradley Patrick J.Madden James Bradley Wausau DailyHerald , haswrittenanewbook, , IronCountyCircuitCourt, . DueoutinSeptember, the Gregory E.Grau’s , brother-in-law of see People Wayne J. and WSAW- on page 18 Judge JamesB.Mohr Judge Wayne J.Marik Judge GregoryE.Grau

THE THIRD BRANCH 2003 Summer 17 Summer Bradley Walsh Justice Ann Judge ElsaC.Lamelas Haughney Judge Patrickc. 18 2003

THE THIRD BRANCH about 80people, includingjudgesandlawyersfrom around Marathon County Courthouse. That ceremony attracted Mike Moran Judge building amultimilliondollaradditiontothecountyjail. inexpensive programsthatitisproposing”inlieuof Justice ManagementCouncilandthe“rational,logical, Court. Perlichurged thecommunity tosupporttheCriminal from Judge The LaCrosse Tribune sional useofhernativeSpanishinthecourtroom. improvements ininterpreterservicesandforherownocca- judge toattemptturntheoutcomeofadecision,espe- ular legislativeaction,butit’s notappropriatetolobbya particular sentence. You canlobbyalegislatorforpartic- becoming isonewherepeoplewantto,ineffect, lobbyfora newspaper quotedHaughneyassaying.“Whattheissueis not supposedtobesubjectedapopularitycontest,”the one ofwhomwasBradley’s father, John. list. The booktracedthelivesofIwoJimaflagraisers, Fathers what happenedtothem.Bradley’s lastbook, down inthePacificduring World War IIandthesecretof PEOPLE Daily Herald,herhometownnewspaper, whenshejoined in Milwaukee,receivedaccoladesforchampioning be subjecttothewillofpeople,criminalsentencesare prominent. Bradleyalsowasfeatured inthe Wausau although ReserveJudge Court. Haasewasnotshowninthe mediacoverage, tions between Winnebago CountyandtheSupreme depicted intheexhibitandsharingstoriesofconnec- Seifert A. Haase Oshkosh NorthwesternfeaturedBradley, Judge traveling exhibitaroundthestateinJuneandJuly. The colorful storiesassheusheredtheSupremeCourt’s honorable mention.Lamelas,thefirstLatinaonbench Reserve Judge Elsa C.Lamelas Current Ones,”listingMilwaukee’s Latinoleaders.Judge (Milwaukee) recentlycompiledafeatureentitled“The plentiful. “The FirstOnes”–cametoMilwaukeewhereworkwas case.” cially whenthepersonisnotevenaparticipantin attempts toswayjudges:“Unlikelegislation,whichcan note oftheletteronrecord,expressingconcernabout had beenwidowedinasimilaraccident.Haughneymade The correspondentwasunconnectedwiththecase,but cement truck,killingonewomanandinjuringanother. involving amanwhoranredlightwhiledriving received theletterwhenhewaspresidinginacase Patrick C.Haughney headlines inthe of thepublicsparkedacourtroomdiscussionthatmade lettertoasentencingjudgefromconcernedmember A Justice In theearly1920s,immigrantsfromMexico–called Dorothy L.Bain , wasnumberoneonthe describing thefamousSupremeCourtcases Ann WalshBradley John J.Perlich , and Winnebago CountyBarPresident Geary Morales in presidingatan unveilingceremonyatthe continued frompage 17 Ness Flores Waukesha Freeman , MilwaukeeCountyCircuitCourt,and recently ranalettertotheeditor and MarathonCountyBarPresident , Waukesha CountyCircuitCourt, William E.Crane , LaCrosseCountyCircuit of are amongthosewith The Shepherd Express was featuredintwolarge, New York Times in May. Judge Flags ofOur was bestseller Robert Karen wrote tothecontributors. support andencouragementfortheir efforts abroad,”she justice throughouttheworldandprovidemuchneeded conference. “Thiseffort willdemonstrateourcommitmentto Wisconsin’s effort wouldfundseveralscholarshipstothe Judge (NAWJ) annualconferenceinOctober Washington, D.C. nations totheNational Association of Women Judges’ total of$900tobringtheircounterpartsfromwar-torn branch ofgovernment. tion tofilereportswithanother state andisundernolegalobliga- pointed outthatheispaidbythe diture ofpublicfunds,butMorey ensure accountabilityintheexpen- annual reportsareimportantto visors toldthenewspaperthat would receive.Countyboardsuper- he notedwouldbethefinalonethey report totheboardin2002,which annual reportfromthejudge’s office. Moreylastdelivered a denying arequestfromthePepinCountyBoardforan Buffalo/Pepin CountyCircuitCourt, issuedanorderinMay Crosse Tribune said Kuzniewicz. “So farwe’vecollectedover$20,000usingthosemethods,” income taxrefunds–hasincreasedcollectionsdramatically. bringing incollectionagencies,andinterceptingstate licenses, niques tocollectfines–suspendingdrivers’ Dawn Kuzniewicz Johnsen toldthe we getalloftheforfeituresandcourtcosts,” Judge GaryJohnson.“Byoperatingourownmunicipalcourt found herselfinthejudge’s seatafterthedeathofthen- Judy Johnsen continues tosavemoneyforBeaverDam.MunicipalJudge Landry County CircuitCourt;andReserveJudges (violin); and (violin); Frederic W.Fleishauer O. Bohren Strings Attached –Light.” The membersareJudges Hass brought inthisyear, soJudicialEducationDirector a fixtureattheannualJudicialConference,couldnotbe lawyers, judges,clerks,andcourtreportersthathasbecome the county. Fifteen womenjudgesfromaround Wisconsin donateda “Judge clasheswithboardoverreports,”astoryinthe Celebrating its10thyear, BeaverDamMunicipalCourt “No Strings Attached,” themusicalgroupmadeupof pulled togethervolunteersforasubstitutegroup,“No Mel Flanagan , violin;and itrManian Victor , Waukesha CountyCircuit Court(violin); Francis T. Wasieleski , saidthatJudge started outastheclerkofcourtsandsoon Daily Citizen said thatemployinganumberoftech- Timothy L. Vocke , editoroftheNAWJ newsletter, said , MilwaukeeCountyCircuitCourt , PortageCountyCircuitCourt „ (Beaver Dam).ClerkofCourt Dane F. Morey , piano,Milwaukee Judge DaneF. Morey , cello. Robert W. , David Michael La created fortrainingpurposes. parties consent,avideocouldbe intrusive videotapingso,ifthe facility thatissetupfornon- mediations mightbeconductedat a experimental basis. These handle afewcasesonan Crosse mediatorstoMadison planning, tobringoneoftheLa mediation andthen,aftercareful Crosse inlate August towatcha mediations. (termination ofparentalrights) involve fosterparentsin TPR teenagers, theylearned,andto especially importanttoinvolve to havethevictimpresent.Itis criminal casesitisnotappropriate is nofirmagelimitandinsome they areoldenough,althoughthere response wasthattheyoftenare,if present duringthemediations. The to knowwhetherchildrenare handles mostCHIPScases,wanted asked lotsofquestions.Olds,who at theLaCrosseCourthouseand Gail Richardson,spentthemorning and DistrictCourt Administrator of DaneCountyHumanServices, Commissioner JimOlds, Amy Orlin Manhardt, JuvenileCourt Dane CountyDistrict Atty. Meryl it worthtryingagain. benefits ofthenewapproachmake family courtcases.But,hesaid,the to institutemediationincertain tried oncebefore,withoutsuccess, to makethechanges.DaneCounty take hisfulltwoyearsatthehelm Madison. approach toCHIPScasesin less adversarial,andmorecollegial, the LaCrosseprogramtobringa the visitbecausehehopestoadapt County JuvenileDivision,arranged August aspresidingjudgeinDane John C. Albert, whotookoverin counterparts fromMadison.Judge from LaCrosseandtheirvisiting workers, mediators,andprosecutors meeting betweenjudges,social LEADERSHIP Albert hopestoreturnLa Albert, alongwith Assistant Albert acknowledgesthatitmay continued frompage 7 „ La Crosseunifiedfamilycourtprocedure CHIPS disposition CHIPS hearing held No disposition hearing disposition criminal case filed. District AttorneyDistrict to First CHIPS court CHIPS First Counsel contacts Counsel Appoint GAL and GAL Appoint Hold conference Identify related Identify mediated child mediated Criminal case Criminal taken: CHIPS taken: Criminal plea Criminal attorneys for appearance determine if determine Corporation conference Agreement protection involved? Schedule reached? Eligible? parents; cases held Yes Yes Yes No No conference? Second Regular trial Yes process No Regular trial process

THE THIRD BRANCH 2003 Summer 19 Summer 20 2003

THE THIRD BRANCH continued frompage 3 Obituaries ment ishired. as legislativeliaisonuntilareplace- duties. Gervasiiscontinuingtoserve continues tohandlesomeofthose executive assistanttothechiefjustice, support. providing trainingandtechnical developing hardwareandsoftware software to Wisconsin’s courtsby of-the-art computertechnologyand Bousquet’s leadership,providesstate- Automation Programs(CCAP),under management. benefits, purchasing,andfacilities such aspersonnel,budgeting,payroll, functions ofthestatecourtsystem Radloff, isresponsibleforinternal Services, underthedirectionof analysis andbudget. ment ofreservejudges),policy continued fromfrontpage team Management shacounty.gov (notethereisno“www”). Self-Help siteisatcourtselfhelp.wauke- The Waukesha CountyFamilyCourt site exemplifies“superservice.” opened. JusticeServedsaidthe Web when thecourthouseSelf-HelpCenter the Web sitedebutedinearly2002, grant fromtheState JusticeInstitute, Created withaninteractivetechnology much more. tions withvolunteerlawyers,and computer/printer use,briefconsulta- include legalresearchmaterials,free continued frompage 4 Web award death in2001. relatives. Hiswife,Helen,preceded in sister, grandchildren,andother and Bob,survivehimalongwith a Voelker, whowasformerly The ConsolidatedCourt The Office ofManagement His fourchildren,Mary, Jane,Jim, „ „ ..Dsrc or o theDistrictofColumbia– U.S. DistrictCourtfor free). similar towhattheCircuitCourt Automation Programmakesavailablefor its layoutandthecaseinformationthatitprovides(which,at.07perpageis to takeonlinepaymentsfromattorneysaskey. Butsettingthissiteapartis www.dcb.uscourts.gov theDistrictofColumbia– U.S. BankruptcyCourtfor has caseindexing,ahostofonlineattorneycontentandane-filingIntranet. also viewandprintSuperiorCourtjailcalendarsonline.Finally, thissite booking charges andlinkstoSuperior Court(trialcourt)cases.Userscan www.co.pierce.wa.us/cfapps/linx/main.cfm Pierce County(Wash.) LegalInformationNetworkExchange– center putitoverthetop. statewide civilcalendarindex,onlineopinions,andamasstortinformation but NewJersey’s e-filing,statewidetraffic indexandonline paymentservice, New JerseyJudiciary– related topics.” content intointuitivecategoriesandprovidinga“stunningvarietyofcourt- things relatedtojudicialadministration.”NCSCwonpointsforsortingthe State Courts– for National Center (and videoappearances),andagoodself-helpcenter.” tion, videoconferencingforattorneycourtappearances,smallclaimse-filing features, includingmulti-doorcourthouse,e-commerceonlinedisputeresolu- Subordinate CourtsofSingapore – site awinner. traffic school,andabilitytoaccepttraffic ticketpayments onlinemadethis www.sccsuperiorcourt.org CourtofCalifornia,CountySantaClara– Superior otherninebestsites The extras includeancient recordsandavirtualmuseum. signment, andahostofelectronically accessiblepublicrecords.Noteworthy This siteoffers anonlineciviltraffic citationindex,onlinejuryexcusal/reas- Alchua County(Fla.)Clerkof theCourt– provide. services andforprovidingalist of servicesandinformationtheclerkscan services,” JusticeServedsaid. This sitewonpointsforitsonlinepayment 11,000, doesn’t meantheydon’t appreciatetheneedforquality Web court Vermilion (Ohio)MunicipalCourt– the Wisconsin courtsalsoprovide. notification onhigh-profilecaseactivitiesforinterestedparties, something calendars, andopinions.JusticeServedalsolaudedtheavailability ofe-mail Again, JusticeServedpointedtoa“robust”e-filingsystemandtheability This siteoffers anelectronic inmateindexingfeaturethatincludes This sitewashailedasa“full-fledgedcourtinformationportalforall The e-filingfeatureispraised,aswellthe“readilyaccessible” dockets, Justice Servedsaidseveralstatecourt Web siteswerestrongcontenders, Justice Servedrecognizedthissitefor“astunningarrayofcourt Web Santa Clara’s juryservicestatusinformation,self-helpsection,online “Just becausealimitedjurisdictioncourtservespopulationbase ofonly www.judiciary.state.nj.us www.ncsconline.org www.subcourts.gov.sg www.vermilionmunicipalcourt.org www.clerk-alachua-fl.org www.dcd.uscourts.gov by BethBishopPerrigo,deputydistrictcourtadministrator Milwaukee judgeteachesinLatvia appear eagertoaddressthem.” professionals charged withthepreventionoftheseproblems domestic violenceappeartobeseriouslyunderreported. The of childabuseareunknown,theissuesand concepts suchasmandatoryarrestandreporting balances isdifficult forthem tounderstand.InLatvia,where apparent thatourgovernmentalsystemofchecksand sarial systemandjurytrialswereforeigntothem.Itwas “Attendees werefascinatedbyourlegalsystem.Ouradver- worker. Phillip A. Koss,andMargaret Flood,anindependentsocial Huelsman of Waukesha, Walworth CountyDistrict Attorney Other presentersincludedformerstateSenatorJoanne involved inprotectingadultsandchildrenfromabuse. lawyers, governmentministrystaff, judges,andothers Latvian legislators,socialworkers,police,prosecutors, procedure. scenarios wereusedasabasisfordiscussionofU.S.court lawmaking. Specialtycourtswerecovered,andcase included anoverviewoftheU.S.justicesystemand legal issuesrelatedtodomesticviolenceandchildabuse is eitherguiltyorinnocent.” was difficult forthemtounderstand.Intheireyes,aperson jury seemedinefficient andtheconceptofapleabargain said. “Forexample,theLatviansthoughtthata12-person presented seemedquestionabletotheattendees,”Dwyer justicesystems.“Someconcepts in thetwocountries’ educational exchange,anditillustratedthestarkdifferences and Women from Abuse” inLatvia. entitled “AnIntroductiontoU.S.LawsProtectingChildren journey toEasternEuropeshareinformationinaprogram Dwyer joinedthreeother Wisconsin residentsinMayfora WISCONSIN CONNECTS The programpresentedinformationonlegislativeand The programwasthesecondoffering inaU.S.-Latvia “The seminarswerewellreceived,”Dwyersaid. It washeldinfourcitiesandattendedbymorethan200 Milwaukee CountyCircuitCourtJudgeMichaelJ. GAL conference setfor November juvenile courtandbestpractices forguardians Maryann Sumi,DaneCounty. They willdiscussthe County; JohnP. Hoffmann, Waupaca County; and circuit courtJudgesChristopher R. Foley, Milwaukee Bissett, Winnebago Countycourtcommissioner;and Wisconsin Dells,onNovember13-14. take placeattheKalahariResortConventionCenter, Multi-Disciplinary ApproachChild Advocacy to Among thefeaturedpresentersare Atty. Daniel The fourthannual Through theEyesofaChild: A ad litem will is $125toregister. go onlineatwww.uwex.edu/ces/flp/conference. Thecost For moreinformationortoregister, call(888)391-4255or committee Cane selectedfornationaljudicialed October. plan the2003meeting,whichwillbeheldinBoston Louisiana, Massachusetts,New York, andPennsylvaniato operation oftheircourts. tration ofjusticeandlearnaboutnewwaystoimprovethe give thejudgesanopportunitytoshareideasonadminis- diate appellatecourtsaroundthenation.Itsannualmeetings Bar Association. the American Committee oftheCouncilChiefJudges,asubdivision District III,hasbeenappointedtoserveontheEducation ering servicesinLatvia. Family CareCenterworkswiththeKidsFirstFundindeliv- his wifeadoptedtwinboysfromLatvia. The Bulduri 1999 afterheand the organization in Sorensen founded resident Jay Latvia. Shorewood pregnant childrenin abused, and and physically capped, sexually orphaned, handi- programs for provides shelterand organization that is anon-profit Dwyer’s expenses, Fund, whichpaid The KidsFirst embassy inLatvia. which weresupportedinpartbyagrantfromtheU.S. the BulduriFamilyCareCentreorganized thesessions, Welfare Act, childdevelopment,andmore. ethical concernsofguardians offenders, improvingoutcomeswithfamiliesinpoverty, health, perinatalmooddisorders,workingwithsex and socialworkers. The Counciliscomprisedofchiefjudgesfrominterme- The programwasorganized by The KidsFirstFundand Cane isworkingwithchiefjudgesfromIndiana, Chief Judge Thomas Cane, Wisconsin Courtof Appeals, Other featuredsessionswillincludeinfantmental „ County District Atty. Phillip A. Koss. former state SenatorJoanneHuelsman;andWalworth former directorofpediatricsatRigaChildren'sHospital; were, fromleft, socialworkerMargaretFlood;Valdis Ronde, child abuseandotherdomesticviolence.WorkingwithDwyer Latvia recentlytoteachseminarsonU.S.lawsthataddress (left), wasoneoffourWisconsin experts whotraveledto Milwaukee CountyCircuitCourtJudgeMichaelJ.Dwyer ad litem , theIndianChild

THE THIRD BRANCH 2003 Summer 21 Summer serve. service easieronthosewhoarecalledto taken avarietyofinitiativestomakejury Dane County, likeWaukesha, hasunder- 22 2003

THE THIRD BRANCH member, anda gubernatorialappoint- commission. served themaximumtwotermson the Judge Kathryn W. Foster, whohas Commission. HansherreplacesChief term onthe Wisconsin Judicial Circuit Courtsince1991,toathree-year served ontheMilwaukeeCounty Judge David A. Hansher, whohas Evenson pioneeredtheeffort. She $220 inpostage. the newfeaturebylateJuly, saving of thosecontacted,hadoptedtouse 551 residents,oraboutsevenpercent Without hearinganyadvancepublicity, and returntheirquestionnairesonline. year, whichrunsJuly–June.Itisa potential jurorsfortheupcomingjury questionnaires toestablishapoolof residents aresentjurorqualification Judicial Commission Milwaukee judgejoins Justice. director ofBarronCountyRestorative Polly Wolner ofRiceLake,executive Northcentral Drug Task Force;and Rhinelander, administratorofthe of Wisconsin-La Crosse;JohnSweeney, and Teacher EducationattheUniversity Health, PhysicalEducation,Recreation the SchoolofEducation,College Rochon, Onalaska,interimdirectorof Development, Inc.,Milwaukee;Ronald Robinson, co-founderofCareer Youth program consultant;Jeannetta Maggiore, aGlendalehumanservices Tribal PoliceDepartment; Anthony Chief KennethJohnson,St. Croix Commission E qualificationOnline juror tobeexplored The commission isstillshortone The SupremeCourthasappointed Clerk ofCircuitCourtCarolyn than 8,000 Waukesha County ach year, inearlyspring,more continued frompage 15 ents tocomplete allowing recipi- new approach: County trieda Waukesha however, counties. Wisconsin’s 72 in eachof different times, repeated, at ritual thatis This year, since August 1990. since August the commission’s executivedirector Ileen Sikowski,Crivitz. Roger T. Reinemann, Mequon;and Geneva; Clifford LeCleir, LaCrosse; public membersSpyroG. Condos,Lake Hannah C.Dugan,Milwaukee;and Attys. PhilipR.Brehm,GreenBay;and Appeals JudgeCharlesP. Dykman; members onthecommission:Courtof with Senateconfirmation. members appointedbythegovernor Supreme Court;andfivenon-lawyer and twoattorneys,allappointedbythe Appeals judge,onecircuitcourt required toincludeoneCourtof Wisconsin SupremeCourt. proceeding againstthejudgein cution. Ifso,thecommissioninitiatesa probable causetoproceedwithaprose- judges anddeterminewhetherthereis disability allegationsagainst Wisconsin is toinvestigatepossiblemisconductor 1978, theJudicialCommission’s role ment isexpected. explore alarger initiative.” pleased withCCAP’s decisionto future,” Evensonsaid.“Sowearevery statewide, computerizedoptioninthe encourage theimplementationofa online questionnairesandhopedto dardized jurorquestionnaire. requirement thatcountiesuseastan- existing projectscoupledwiththe given CCAP’s heavyworkloadand this expansionmightoccurisunclear, possible replicationstatewide. When Automation Programs(CCAP)for reviewed bytheConsolidatedCourt be madebycuttingandpasting.” of informationtoCCAP, asentrycan allows for“quickandaccuratetransfer naire easytouse,andthatstaff foundit option pronouncedtheonlinequestion- reported thatjurorswhochosethe counts, ithasdelivered.Evenson accuracy ofthejurydatabase.Onall costs, savestaff time,andimprovethe customer service,decreasepostage hoped itwouldhelptoimprove Atty. JamesC. Alexander hasbeen The commission’s membersare Hansher joinsthefollowing Created bythestateLegislaturein “We demonstratedthesuccessof Online qualificationnowisbeing „ „ A and theMedia Wausau tohost August 20toregister. or [email protected] by Officer Amanda Todd at(608)264-6256 pating shouldcontact CourtInformation Judges whoareinterestedinpartici- quickly. people andspotsareexpectedto fill up pation willbelimitedtoatotalof30 courts. There isnocharge, butpartici- resources tohelpreporterscoverthe breakfast, lunch,andbindersfullof skills, whichshouldbefun,”shesaid. reporting opportunity totestthejudges’ difficult choices. And we’llalsohavean shoes inacasethatpresentssomevery an opportunitytostepintothejudge’s sentencing exercisewillgivereporters will speakatthesession.“The Justice ShirleyS. Abrahamson, who how sentencesarecrafted,”saidChief to developabetterunderstandingof we believeitisimportantforreporters most difficult partofajudge’s job,and on sentencingbecauseit’s arguably the Claire. “We havechosentospendtime events inMadison,Milwaukee,andEau April 1999andwasfollowedbysimilar seminar tookplaceinGreenBay Price, Taylor,Portage, Vilas,and Wood. Langlade, Lincoln,Marathon,Oneida, attend thisfreeevent:Clark,Forest, the followingcountiesareinvitedto defense lawyers,andjournalistsfrom the media.Judges,prosecutors,criminal communication betweenthecourtsand seminars aredesignedtoimprove Wisconsin SupremeCourt. The State Barof Wisconsin andthe Media-Law RelationsCommitteeofthe regional seminarssponsoredbythe Circuit CourtJudgePatrickJ.Fiedler. will alsobeprovidedbyDaneCounty Sentencing, andanupdateonitsstatus, headlines. An explanationof Truth in sentencing andjudgeswillwritethe which reporterswillhandleacriminal will featurearole-reversalexercisein education creditisnormallygranted, in Wausau. p.m., attheBest Western MidwayHotel September 10,from8:30a.m.to1:30 in Wausauseminar on Wednesday, be selectedtoparticipateinahalf-day The sessionincludescontinental The firstCourtsandtheMedia The sessionisthefifthinaseriesof The seminar, forwhichonejudicial members ofthenewsmediawill group of30judges,lawyers,and seminar Courts The Third Branch (608) 267-0980 fax [email protected] e-mail (608) 264-6256 phone Madison, WI53701-1688 P.O. Box1688 Court InformationOfficer Amanda K.Todd and articleideasto: Send questions,comments, court system. interest totheWisconsin Office, providingnewsof Director ofState Courts terly publicationofthe The ThirdBranch C. ColleenFlesher Graphic Design/Layout Court Iowa CountyClerkofCircuit Carolyn Olson District TenCourt Administrator Gregg T. Moore Vernon CountyCircuitCourt Hon. MichaelJ.Rosborough Editorial Committee Dan Wassink A. JohnVoelker Beth BishopPerrigo Debra Brescoll P.Hon. Andrew Bissonnette Contributing Writers C. ColleenFlesher Associate Editor Amanda K.Todd Editor A. JohnVoelker Director ofState Courts Shirley S. Abrahamson Chief Justice www.wicourts.gov is aquar- injunctions. DuringhisturnasdutyjudgeinJuly ment withaversionofin-courtprocessing Judge C. William Foustwasthefirsttoexperi- delays inenforcementsomecases. are rarelylegible. This hasled toproblemsand these documentsaroundforuptotwoyears,they get worsewithtime. After thepetitionercarries recently broughttotheattentionofcourt,they ment, anddomesticviolenceadvocates tioners, representativesoflawenforce- legible evenwhennew, and,aspeti- carbonized formsareoftenbarely therein liestheproblem. These five orsixsheetsarenecessary, and page. notice, injunction,andsupplemental 407), whichincludethepetition, the stateforms(CV-404, 405,406,and ment injunctions,usingcarbonizedversionsof hears domesticabuse,childandharass- duty judgeonarotatingbasis. The dutyjudge ment andprovidemoreassurancetopetitioners. enforcement ofinjunctionseasierforlawenforce- Automation Programs)technologythatwillmake D Dane Countyimproves TRO processing After reviewingoptions,asolutionwasfound. .Beforeorduringthehearing,ask staff to 3. to OpenandsavetheformsfromCCAP 2. Createseparatefoldersfordomestic 1. restraining ordersunderhissystem: following stepsforprocessingtemporary To providecopiesforallparties, Foust's how-to Each DaneCountyjudgeservesoneweekas xsigCA (Consolidated Court existing CCAP ane Countyjudgeshavefoundanewusefor Judge William Foustrecommendsthe your folders. Microsoft Word onashareddrive. folders within“MyDocuments”in violence, harassment,andchildabuse Judge C.William Foust create legible,sufficient documents. clerk’s office. This helpsself-representedparties commissioner forapprovalbeforefilingwiththe order canbepresentedtothefamilycourt so thatthepetitionforatemporaryrestraining assist petitionersincompletingandprintingthem Dane CountyLawLibrarywherelibrarystaff will ment, therewasnodelayincaseprocessing. printer directlyfromthecourtroomcomputer. The parties, theclerksentdocumenttooffice While hegavehisdecisionandinstructionstothe Hotline, ifahandgunrestrictionwereordered. Justice’s CrimeInformationBureauHandgun be printed,includingonefortheDepartmentof completed andtherequirednumberofcopiesto the clerkastohowinjunctionshouldbe 2003, whenhegrantedaninjunctioninstructed .Besureyouhaveaccesstoanearby 5. The formsarebeingmadeavailableinthe incorporated. ensuresthatallformupdatesare CCAP online. An advantageofthissystemisthat computer andformsthatcanbefilledout providesthecourtroom printer. CCAP text. boxes and,insomecases,addingabitof decision requirescheckinganumberof 03CV123–Smith v. Jones. The judge’s As” togiveitauniquename,e.g. personalize theblankformanduse“Save process. After adayortwoofadjust- advocates wereenthusiasticaboutthe injunction, andparties,courtstaff, and receiving theirowncleancopiesofthe Dismissal Order(Injunction). procedure isusedwithformCV-409, injunction isnotgranted,thesame legible copiesforallparties.Ifthe distributed. The resultwasclean, judge signedtheorderandcopieswere Foust saidattorneysappreciated „