Vol 24 No 3 HIGHLIGHTS REGULAR FEATURES: 5 Awards Fall 2 Justice on Wheels 10 Law Library named for retired justice 5 New faces 2 Dugan appointed to Court of Appeals 11 Aunt of OLR’s Estes honored 2016 6 Connects 7 Mandatory eFiling now in 23 counties 12 Juror appreciation 13 Obituaries 8 Court interpreter orientation 13 ICWA regulations update 14 News and notes 10 TAD grants to 14 more counties 14 Brief-writing contest 15 Retirements Professional development, educational opportunities abound at conference bout 345 Wisconsin judges and court staff took advantage of the many professional, learning and networkingA opportunities available to them during the 2016 Annual Meeting of the Judicial Conference, held Nov. 16-18 at the Osthoff Resort in Elkhart Lake. Chief Justice Patience Drake Roggensack opened the conference with the annual State of the Judiciary Address, a publication of the Wisconsin Judiciary stressing the need for increased judicial compensation. “The people of Wisconsin will benefit if we are able to attract and to retain highly skilled and knowledgeable judges. A major obstacle to satisfying this objective is judicial pay,” Roggensack said. Wisconsin was ranked 41 of 50 states in trial court judge Sheri Piontek, a court reporter for Brown County and salaries as of July 1, according to a study by the National president of the Wisconsin Court Reporters Association, provides Realtime reporting of Chief Justice Patience Drake Roggensack’s see Judicial Conference on page 3 State of the Judiciary address. Professional reporter Peggy Christianson looks on. EBDM efforts gain additional NIC support By Tommy Gubbin, Office of Court Operations isconsin’s collaborative approach to improving the effectiveness of the criminal justice system through Wevidence-based practices is being rewarded with continued support from the National Institute of Corrections (NIC). On Sept. 15, NIC announced that a state team, and local teams from eight counties, will receive “Phase VI” technical support through 2017 to help refine and implement plans developed in earlier phases of the Evidence-Based Decision Making (EBDM) Initiative. NIC Director Jim Cosby wrote in a letter to the state EBDM team that support will be provided for the state and the following counties: Chippewa, Eau Claire, La Crosse, Marathon, , The 2016 Wisconsin State Capitol Ornament features a Outagamie, Rock and Waukesha. The state EBDM team is a replica of the Supreme Court Hearing Room’s most prominent features – the judicial bench and the mural formal subcommittee of the statewide Criminal Justice overhead, “The Signing of the Constitution.” See article, see EBDM on page 9 page 7.

Koschnick named next director of state courts hief Justice Patience Drake Roggensack the Supreme Court and the entire court system,” announced Nov. 3 that the Supreme Court Roggensack said. namedC Chief Judge Randy R. Koschnick, Koschnick has served as chief judge of the Jefferson County Circuit Court, director of state Third Judicial Administrative District since 2012 The Third Branch courts, effective Aug. 1, 2017. and previously served as the district’s deputy Koschnick will fill the post now held on an chief judge. The Third Judicial Administrative interim basis by J. Denis Moran, who previously District encompasses Jefferson, Ozaukee, served as director from 1978 until his retirement Washington, and Waukesha counties. in 2003. Koschnick was elected to the Jefferson County “We are pleased that Judge Koschnick bench in 1999 and re-elected in 2005 and 2011. accepted this position. His experience on the Before that, he served as an assistant state public bench and as chief judge of a judicial administrative district will be a valuable asset to see Director on page 3 Chief Judge Randy R. Koschnick www.wicourts.gov 2

Fall 2016 Dugan appointed to Court of Appeals ov. Scott Walker announced the appointment of Falls, and in private practice.

ThE ThIRD BRANCh Milwaukee County Circuit County Judge Timothy G. “Dugan stands out from the field because of how hard he DuganG to the District I Court of Appeals as of Dec. 11. works,” fellow Milwaukee Circuit Court Judge Richard J. Dugan will fill the vacancy created by the Sankovitz said in support of the appointment. “He has rolled retirement of Court of Appeals Judge up his sleeves in the most complex kinds of criminal and Patricia S. Curley (see Retirements on page civil litigation that confronts the state courts.” 15). Dugan is a graduate of Westminster College and “They say 70 is the new 60,” Dugan told Marquette University Law School. He has served as the the Milwaukee Journal Sentinel on his chair of the Civil Benchbook Committee, on the board of decision to take the position when other directors of the Milwaukee Bar Association, as associate judges his age may be thinking about dean of the Wisconsin Judicial College, on the board of retirement plans. directors of the Wisconsin Trial Judges Association, and as Dugan has served on the Branch 10 past president of the Milwaukee Trial Judges Association. bench since he was first appointed in 1992. He is a former member of the Judicial Election and Ethics He previously worked as a prosecutor for Committee and the Supreme Court’s Planning and Policy Judge Timothy G. Dugan the villages of Shorewood and Menomonee Advisory Committee (PPAC). n VanDeHey appointed as a chief judge n Sept. 8, the appointed Judicial Conference. Earlier this Judge Robert P. VanDeHey, Grant County Circuit year, VanDeHey was selected as Court,O chief judge of the Seventh Judicial Administrative “Judge of the Year” by the State District. Bar of Wisconsin. VanDeHey had served as deputy chief judge of the district Duvall, who presides over since 2013. He replaces Chief Judge James J. Duvall, who Buffalo and Pepin County Circuit continues to serve Buffalo and Pepin County Circuit Courts. Courts, served as chief judge The Seventh District also encompasses Crawford, Iowa, from August 2013 to Sept. 1, Jackson, La Crosse, Monroe, Pierce, Richland, 2016. He will be focusing more Trempealeau, and Vernon counties. time on implementing evidence- VanDeHey was first appointed to the Grant County bench based practices, alternatives to in 1998. Prior to that, he worked as an attorney in private incarceration, and pretrial and practice. VanDeHey is a member of the Wisconsin Judicial diversion efforts, Duvall said. Council and chair of the Probate Benchbook Committee. He VanDeHey’s appointment will Chief Judge Robert P. VanDeHey has served in a variety of court-related positions, including continue until July 31, 2017 or as a member of the Juvenile Jury Instruction Committee and until further order of the Court. n as a faculty member of both the Juvenile Law Institute and Supreme Court visit draws hundreds to Bayfield County Courthouse he Wisconsin Supreme Court turned the historic visit and for making available the historic courtroom, which Bayfield County Courthouse in Washburn into its home was filled to capacity for each case. awayT from home during a Justice on Wheels outreach visit Marvin Defoe, a member of the Red Cliff Band of Lake Oct. 26. Superior Chippewa Indians, performed a traditional More than 350 people, including teachers, students, tribal leaders, attorneys see Wheels on page 4 and local government officials took advantage of the opportunity to observe oral argument heard in three cases. During opening remarks, Chief Justice Patience Drake Roggensack thanked local officials, including Bayfield County Circuit Court Judge Bayfield County Circuit Court Judge John P. Anderson welcomes the Wisconsin Supreme Court and John P. Anderson, visitors to the Bayfield County Courthouse Oct. 26. The Court held oral argument in three cases during its Justice on Wheels visit to Washburn. for arranging the 3

Judicial Conference continued from front page Fall County and the Eighth Judicial District, which 2016 includes Brown, Door, Kewaunee, Marinette, Oconto, Outagamie and Waupaca counties. ThE ThIRD BRANCh “Business court dockets are employed in many states. It is our hope that such a docket will result in efficient resolutions of complex business-related controversies,” Roggensack said. Other areas of significant progress include the Children’s Court Improvement Program (CCIP) and treatment courts – both areas where collaboration with other agencies and branches of government is improving the effectiveness of the justice system, Roggensack said. Roggensack publicly welcomed Chief Judge Randy R. Koschnick to his new role as Director of State Courts as of Aug. 1, 2017. She also thanked previously retired J. Denis Moran for serving that Chief Justice Patience Drake Roggensack presents the State of the role since June 2015. Judiciary at the 2016 Annual Meeting of the Wisconsin Judicial Conference. Conference attendees were able to choose from a variety of Center for State Courts. Roggensack said improving educational compensation for Wisconsin judges has been a priority since sessions on she became chief justice. In 2015, she formed a Judicial topics, including: Compensation Committee to address the issue. summary Roggensack said she has asked Gov. Scott Walker to judgments; include an increase in the executive budget that would bring sealing court Wisconsin back to a 21st ranking – a position Wisconsin records; held among states in 2000. She encouraged judges statewide suppression; to connect directly with their legislators and business maintenance and leaders to emphasize the importance and value of adequate child support; judicial compensation. juvenile Many judges are doing additional work, despite not being offenders; adult compensated, Roggensack said. For example, many have guardianship; taken on the challenge of running treatment court programs trauma and in their counties. recovery; Roggensack also highlighted progress in several areas of Guardian ad the court system during the last year, including the rollout of Litem issues; mandatory eFiling for civil, family, paternity, and small eFiling; character claims cases now in 23 counties (see story on page 7). Other evidence; Director of State Courts J. Denis Moran case types are also being added to the mix, Roggensack treatment courts; thanks court staff during his remarks at said. and landlord- the Judicial Conference. Roggensack also discussed approval of Supreme Court tenant law. Rule Petition 16-05, which establishes a three-year pilot The law library, Consolidated Court Automation Programs project for a commercial court docket as of July 1, 2017. and other groups had booths at the conference to offer The commercial court docket will be piloted in Waukesha assistance to conference attendees. n

Director continued from front page defender from 1985 to 1999. Koschnick is a graduate of advice to the Supreme Court on a wide range of matters UW-Stevens Point and Hamline University School of Law. affecting the judiciary. The director of state courts is the top non-judicial officer Moran began serving as interim director on June 4, 2015 of the court system and serves at the pleasure of the and continues in that role. He is one of only two people to Supreme Court under the direction of the chief justice. have held the post since it was created in 1978. Former Working with department heads, advisory committees, and Director of State Courts A. John Voelker left the court chief judges of the state’s 10 judicial administrative districts, system in July 2014 to become deputy secretary of the the director has responsibility for personnel, budgeting, and Wisconsin Department of Employee Trust Funds. n information technology, among other duties, and provides 4

Fall Wheels continued from page 2 2016 welcoming ceremony for the Court, and Justice Annette Kingsland Ziegler presented awards to fifth-grade essay

ThE ThIRD BRANCh contest winners before oral argument got underway. During a reception hosted by the local bar on Oct. 25, Anderson presented the chief justice with a framed portrait of Bayfield County legal pioneer Elizabeth Hawkes. In turn, the chief justice presented the portrait to the State Bar of Wisconsin to display at its Madison headquarters. The chance to see oral argument drew students and teachers from Washburn, Bayfield, and South Shore high schools, as well as home-schooled students. Other groups came from UW-Superior Pre-Law Society, Northland College, Bayfield County Teen Court and Northern Lights Christian Center. Members of the local bar, Red Cliff Tribe and local government officials were also well represented. Atty. Tish Keahna Kruzan gives some background on a case to Before each argument, local attorneys previewed the cases the audience at the Bayfield County Courthouse before an oral to improve understanding of some of the issues involved in argument on Oct. 26. the cases and how the Court decides a case. Media coverage included live-streaming of arguments by Wisconsin Eye Public Affairs network, news coverage by Duluth-Superior television news station WDIO, and the Ashland Daily Press newspaper. Counties visited as part of the Justice on Wheels program since 1993 include: Brown, Eau Claire, Marathon, Milwaukee, La Crosse, Douglas, Rock, Kenosha, Sauk, Dodge, Oneida, Outagamie, Portage, Racine, Fond du Lac, Walworth, Waushara, St. Croix, Winnebago, Iowa, Washington, Columbia, Green, Sheboygan, Waukesha, Grant, and now Bayfield. n

Chief Justice Patience Drake Roggensack presents a themed portrait of the late Elizabeth Hawkes to State Bar of Wisconsin treasurer John Danner during a reception ceremony Oct. 25 in Bayfield. The portrait was a gift from the Ashland- Bayfield County Bar Justice Annette Kingsland Ziegler presents Caleb Schoonmaker from Washburn Association to the State Bar. Elementary School the first place plaque for the Justice on Wheels essay contest. Hawkes, a Bayfield County native, is among the state’s women legal pioneers.

Washburn Elementary fifth-grader Trista Richardson is interviewed by WDIO-TV reporter Heidi Enninga at the Bayfield County While in the Bayfield County area, Justices Shirley S. Abrahamson Courthouse. Richardson and stopped at Northland College in Ashland to won second place for her make a presentation to a group of about 75 people on Oct. 25. essay as part of the Pictured with the justices, from left to right, are students: Marina Justice on Wheels Hein, Megan McBride, Marissa Neitzke, Michaela Fisher. Also program. pictured on the right of the justices is Stacy Craig, coordinator of applied learning at Northland College. judiciary’s Second Judicial District. judiciary’sJudicial Second Minnesota the in clerk law a and supervisor operations an as served previously also Schappa analysis. and research policy and system, filing electronic the to, improvements ongoing and of, administration the in involved was he Courts, U.S. the with time his During Minnesota. of District the for Court District U.S. the for operations court in served previously had Schappa District. Administrative Judicial Eighth the for (DCA) administrator court Court Administrator Eight District TomSchappa Justice Bradley elected to IAWJ post IAWJ to elected Bradley Justice was quoted as saying. That career went on to include to on went career That saying. as quoted was Commission. Fire and Police Waukeshathe on serve to mayor the by nominated was He Waukesha.in firm a at practice Wisconsinto to returned He Texas.in School Law Baylor from degree law his receive to on UW-Madison.went attending he graduating, After Texas,”of told problems Flores and segregation the from away here, success at chance Sheboygan. in settled family his 1955, In apples. and cherries picking factories, canning at work for looking Michigan, Wisconsin,and TrackInside Wisconsinthe Bar’sStatetold Flores 7. of age the until Spanish only Texas,in spoke born and was youth, his in Milwaukee. in 18 Oct. on Dinner Foundation Recognition Law Annual the of Fellows Service Distinguished AwardGoldberg L. the Charles at Foundation’sWisconsinthe Law 2016 with honored was Foundation Law by honored Flores Bradley Walsh Justice Ann He received his law degree from Hamline University Hamline from degree law his received He district the as system court the joined Tomhas Schappa NEW FACES “That was the start of my career in public service,” Flores service,” public in career my of start the was “That college, to go to family his in first the became Flores better a have would children we felt mom and dad think “I worker migrant a Wisconsinto as came first who Flores, Flores Ness Judge WaukeshaCourt Retired Circuit County AWARD that his family would travel between Texas,between travel would family his that under the rule of law.of Currently rule the under commitment to equal justice equal to commitment a share and worldwide judiciary the of levels all represent members whose organization IAWJnon-profit a is Directors. of Board IAWJ’son served previously Women(IAWJ).Judges She International of Association the TrusteesManagerial of of J Based in Washingtonin Based D.C., recently elected to the Board the to elected recently ustice WalshAnn was Bradley Inside TrackInside .

TomSchappa deserving recipient of the award.” the of recipient deserving a is Wisconsinin and community legal the of respect the earned has who lawyer distinguished “a as Flores described Lonergan,chair,Kevin Foundation’scommittee Law award The public. the to and profession legal the to both service of record long-standing a has Wisconsinof who Bar State the of member Service a Awardto presented is Wisconsin. Legal of for Action director project a as Wisconsin,of and Commission Service Public the of chair the as served he bench, the 1983. leaving After until Gov.served Schreiber,and Martin then- by 1978, in Court Circuit County Labor.Migrant on Committee Governor’s the on serving while Act Labor Wisconsinthe Migrant draft helping Wisconsin),Legal of and of Action part now is (which workers farm migrant for program service legal civil a establishing people, Spanish-speaking indigent for County Milwaukee in defender public a as serving judicial education efforts within their respective countries. respective their within efforts education judicial her for Philippines the of Justice Chief the and Morocco of Justice Chief the both by recognized been has She State. of Department U.S. the Association’sand Initiative, Law Asia academy,the the Bar for American lecturer international an as served has Judicial and International Academy budgets. and procedures policies, organization’sthe developing to addition in management, and development resource finance, of issues on works IAWJ’sThe Trusteesworldwide. Managerial of Board countries 82 in members IAWJ5,000 the approximately has The Charles L. Goldberg Distinguished Goldberg L. Charles The Waukeshathe to appointed was Flores Bradley is the vice-chair of the board of directors of the of directors of board the of vice-chair the is Bradley School of Law and holds a B.A.S. a holds and Law of School from the University of Minnesota of University the from Duluth. Prior to attending law attending to Prior Duluth. school, Schappa worked as a project a as worked Schappa school, manager, a teacher, and a curriculum a teacher,manager,and a coordinator. He fills the DCAthe coordinator.fills He postion previously held by fellow by held previously postion DCA Don Harper, who now serves now DCAHarper,who Don as DCA for the TenthDCAthe as for Judicial Administrative District. Administrative have one son, Logan, who is who Logan, son, one have attending UW-Oshkosh.attending Schappa and his wife, Shelby,wife, his and Schappa n Judge Ness Flores Ness Judge n n

ThE ThIRD BRANCh 2016 Fall 5 6

Fall WISCONSIN CONNECTS 2016

ThE ThIRD BRANCh Paraguay judicial official visits justices n Nov. 3, Dr. Ramon Bueno Jara, retired magistrate and vice-president of the Council of Magistrates in theO Republic of Paraguay, dropped in on the Wisconsin Supreme Court during an oral argument. Bueno Jara is former judge in Ciudid del Estes and former judge of the first degree in the Civilian and Commercial Law in Asuncion. Bueno Jara was visiting the Capitol with Peter Tase, president and founder of the Paraguay Economic Forum. The visit was part of a program designed to promote cooperation between the United States and Paraguay. After argument Bueno Jara and Tase met with Chief Justice Patience Drake Roggensack, Justice Shirley S. Abrahamson, Justice Ann Walsh Bradley, and Justice Michael J. Gableman. The Council of Magistrates is responsible for proposing Dr. Ramon Bueno Jara, retired magistrate and vice-president of candidates to serve on the Paraguay Supreme Court of the Council of Magistrates in the Republic of Paraguay visits with Justice, Appeals Tribunals, courts, as well as the Chief Justice Patience Drake Roggensack, Justice Michael J. designation of the government attorneys. n Gableman, and Justice Shirley S. Abrahamson in the Supreme Court Conference Room during Bueno Jara’s visit to the Wisconsin State Capitol on Nov. 3.

Chief Judge Maxine A. White, Milwaukee County Circuit Court, and Milwaukee County criminal justice officials hosted a delegation from the Ministry of Corrections and National Probation Agency of Georgia during a visit in September. The group came to Milwaukee to observe and learn from the county’s pretrial process and programs, from booking through release supervision. Front row, left to right: District Court Administrator Holly Szablewski, Tamar Jabanishvili, Anni Mirtskhulava, Maka Labauri, Gvantsa Sauri, Nino Tkeshelashvili, White, and Nino Erkmadze. Back row, left to right: Zaza Grigolia, Bakar Jikia, Ioseb Tsiklavri, and Corrections and Probabtion Advisory to the U.S. Embassy, Tbilisi, Georgia Anthony Streveler Legislator rides along with Ozaukee judge ep. Robert Brooks (R-Saukville) participated in the problems of the day, including for example opiate Judicial Ride-Along addictions, intoxicated driving cases programR in August. Ozaukee and domestic violence.” County Circuit Court Judge Paul The Director of State Courts V. Malloy hosted Brooks as part Office has offered the Judicial Ride- of the program, which gives Along program since 1993. The legislators an insider’s look at program allows a legislator to spend the judicial branch. a day on the bench with a circuit “A judicial ride-along presents court judge to observe court a really good opportunity for a proceedings first-hand. legislator to see how the laws “I think it’s very helpful to give they enact are put into practice people in an elective office an by the courts,” Malloy said. opportunity to have exposure to the “They can see first-hand how the court system from the judge’s courts are confronting the Judge Paul V. Malloy Rep. Robert Brooks bench,” Brooks said. n 7

Fall Mandatory eFiling rolled out in 23 counties 2016 he implementation of mandatory eFiling is in full swing court staff partner to provide ongoing support for electronic

in Wisconsin’s circuit courts, and court users are reaping filers. ThE ThIRD BRANCh theT benefits in counties where the changeover has occurred. At the same time CCAP staff focus on expanding eFiling Since June 1, 23 counties have implemented mandatory to additional counties, major enhancements to the system eFiling for civil, family, paternity, and small claims cases: have been released or are underway. Recent updates have Adams, Ashland, Barron, Chippewa, Clark, Columbia, increased functionality and flexibility for many users. Filers Dodge, Dunn, Florence, Green, Jefferson, Juneau, La Crosse, can now submit documents like motions and orders and Marathon, Oneida, Ozaukee, Pierce, Racine, Rusk, Vernon, stipulations and orders as a single PDF for court official Waukesha, Waupaca, and Wood. signature, and non-party filers now have the ability to file Additional counties are scheduled for mandatory eFiling proposed orders. The opt-in process has been streamlined to in the upcoming months and by the end of March 2017, allow attorneys to opt in for multiple parties on a case at the most counties will participate in voluntary eFiling. For a same time and upload additional documents when opting comprehensive list of counties planning implementations in into a case. The process of withdrawing from a case has the coming months, visit the circuit court eFiling section of been enhanced to provide the attorney with a link to the the Wisconsin court system’s website. Maps are featured on signed withdrawal order. this section and show the progress of eFiling There are a number of exciting features currently under implementation on a county-by-county and case type basis development. Upcoming updates for attorneys will include throughout the state. a newly engineered “file prep” and “document access” for eFiling of criminal cases will be mandatory March 1, 2017 legal support staff, the addition of forms necessary to initiate for all counties in which mandatory eFiling has already been the appeals process, and the expansion of the eFiling fee implemented. As the remaining counties are implemented see eFiling on page 23 throughout 2017, criminal eFiling will become mandatory at the same time. Until March 1, counties that implement mandatory eFiling may choose to offer voluntary criminal eFiling. The following 16 counties are participating in voluntary criminal eFiling: Adams, Ashland, Chippewa, Clark, Columbia, Dodge, Dunn, Florence, Jefferson, Juneau, La Crosse, Ozaukee, Pierce, Vernon, Waukesha, and Waupaca. The clerks and district attorneys in these counties report that the transition to criminal eFiling has gone fairly smooth. CCAP staff are onsite to provide hands-on training for court staff and filers the week prior to and the week of implementation in each county. Formal classroom training is provided to new electronic fliers. These training sessions have been attended by attorneys, support staff and local government filers interested in learning about the eFiling system from the experts. CCAP staff work Retired Judge John R. Storck, temporarily working as a game show host, challenges one-on-one with court staff and judges to ensure they can contestants Deputy Chief Judge Michael R. Fitzpatrick, Rock County Circuit Court, easily transition to a paper-on-demand environment. Once and Chief Judge Robert P. VanDeHey, Grant County Circuit Court, on their knowledge of eFiling. The game show was presented during a “rapid fire” session at implementation has concluded, CCAP and local circuit the Judicial Conference. Hearing Room featured on Capitol ornament he Wisconsin Supreme Court Hearing Room has been “This year’s ornament will be a brilliant addition to any selected as the design feature of the 2016 State Capitol holiday décor and it will have a special impact because Ornament,T which was unveiled at a Capitol press conference proceeds will continue to support the State Capitol Nov. 1. Chief Justice Patience Drake Roggensack joined Restoration Fund. We are excited to keep this tradition Department of Administration Deputy Secretary Cate going,” Wilder said. Zeuske and Wisconsin Historical Foundation Executive Since 2004, the proceeds from ornament sales have Director David Wilder in presenting the ornament in the supported over $70,000 in restoration projects around the Assembly Parlor. Capitol building. Previous ornament sales have helped to The ornament, presented by the Wisconsin Historical fund the visitor’s bird’s-eye view from the glass perch inside Foundation, is a replica design of the most prominent the dome of the State Capitol. features of the Wisconsin Supreme Court Hearing Room, “The Wisconsin State Capitol Holiday Ornament has a including “The Signing of the Constitution,” the carved special place in many homes around the state, as well as in mahogany judicial bench, and pilasters of Italian Breche our statehouse,” said Zeuske, honorary volunteer Coraline marble. chairperson for the Capitol Ornament Committee. “The Wisconsin Supreme Court Hearing Room is one of For more information, visit the Wisconsin Historical the most beautiful courtrooms in the country and among the Society’s website. n most impressive rooms in the Capitol,” Roggensack said. 8

Fall 2016 Orientation session is first step

ThE ThIRD BRANCh in court interpreter certification process By Carmel Capati, Court Interpreter Program Manager he Wisconsin Court The first orientation trainings Interpreter Program offered by the CIP were made T(CIP) began taking shape in possible by funding provided 2000, as part of the Director from the Department of of State Courts Office’s Children and Families’ commitment to ensuring Refugee Services Section, equal access to the court which has consistently assisted system for everyone, with recruitment of candidates regardless of language in rare languages and provided abilities. yearly scholarships to speakers In addition to providing of certain “refugee” languages education and training for to attend this two-day interpreters, judges, court orientation. Without this staff and others, the CIP interagency support, the CIP oversees certification for would not be able to attract court interpreters. Dane County Circuit Court Judge Stephen E. Ehlke presents candidates in these less- on criminal law terminology during a court interpreter A mandatory first step orientation session held earlier this year in Madison. common languages. towards obtaining While Spanish represents certification is for a candidate to attend a two-day about 80 percent of the courts’ language usage followed by orientation training held over a weekend. Fifty-eight Hmong and American Sign Language, more rare languages orientation sessions have been held at locations throughout have been increasingly needed around the state. In 2015, the state since the first session was held in 2002. other top languages used by the courts were Arabic, Russian, Approximately 1,925 people representing more than 60 and Burmese. different languages have attended the workshops, recently In addition to the scholarship grants, the CIP has relied drawing news coverage. upon the generosity of judges (active and reserve), court During 2016, orientation sessions were held in Madison, commissioners (past and present), and attorneys who have Milwaukee, and Wisconsin Rapids. Over the years, volunteered their time to present lectures to attendees on orientation sessions have also been held in Appleton, Eau legal terminology. Claire, La Crosse, Stevens Point, and Wausau. The following individuals have presented one or more These orientation trainings have been successful thanks to times at the CIP’s orientations over the years, making court a broad cross-section of judges, court staff, lawyers, and interpreter training possible: certified interpreters, who help teach at the training sessions. Atty. Timothy Adler; Reserve Judge Angela Bartell; Atty. During orientation, interpreter candidates learn about the Eugene Bartman; Atty. Lawrence Bensky; Atty. Daniel court system, the Code of Ethics for Interpreters, modes of Blinka; Judge William W. Brash III, District I Court of interpreting, criminal and civil terminology, and business Appeals; Judge Nicholas J. Brazeau, Wood County Circuit practices. In addition, certified court interpreters serve as Court; Reserve Judge Karen E. Christenson; Judge Juan B. faculty who lead participants through small group activities Colas, Dane County Circuit Court; Atty. Lindsey D. Draper; designed to enhance their interpreting skills. Judge Stephen E. Ehlke, Dane County Circuit Court; Judge While being bilingual is a requirement of all participants Jill N. Falstad, Marathon County Circuit Court; Reserve to attend orientation, that knowledge alone is insufficient to Judge David Flanagan; Reserve Judge Frederic W. become a court interpreter. Court interpreting is difficult and Fleishuaer; Judge Ramona A. Gonzalez, La Crosse County requires individuals to understand legal concepts, Circuit Court; Atty. Ralph J. Guerin; Comm. Jason J. terminology, and processes, as well as to possess Hanson, Dane County Circuit Court; Deputy Chief Judge interpreting and language skills to ensure accuracy and Barbara Hart Key, Winnebago County Circuit Court; Judge completeness. Nancy J. Krueger, Outagamie County Circuit Court; Judge The range of experience and education typically varies Elliott M. Levine, La Crosse County Circuit Court; Comm. widely among attendees at orientation. Some individuals Sandy Marcus, Marathon County Circuit Court; Municipal come to the training with years of experience, while others Judge Todd Meurer, Towns of Madison/Middleton/Verona; may have never interpreted before or even stepped inside an Judge Michael K. Moran, Marathon County Circuit Court; American courtroom. Municipal Judge Derek Mosley, Milwaukee; Reserve Judge After successful completion of orientation, candidates Benjamin D. Proctor; Judge Ralph M. Ramirez, Waukesha interested in pursuing certification must take written and County Circuit Court; Judge Richard J. Sankovitz, oral exams, participate in courtroom observation and meet Milwaukee County Circuit Court; Comm. Marjorie Schuett, other requirements. Dane County Circuit Court; Judge Michael A. Schumacher, Being a certified court interpreter means an individual has Eau Claire County Circuit Court; Atty. Dana Smetana; attained the highest credential for court interpreting Deputy Chief Judge Lisa K. Stark, District III Court of conferred by our state. The Director of State Courts Office is Appeals; Judge Paul R. Van Grunsven, Milwaukee County the only entity that grants credentials to spoken language Circuit Court; Reserve Judge Mark A. Warpinski; and Chief court interpreters in Wisconsin. Judge Maxine A. White, Milwaukee County Circuit Court. n EBDM counties and two tribes two and counties Council Coordinating of 2015, based on their systems mapping, research-informed mapping, systems their on based 2015, of end the By workshop. the in covered areas the on focusing NIC, by provided assistance technical on-site with meetings monthly had then teams local and state The forward. work their carry to plans action create and mapping, system begin as well as system, justice effective an for vision shared a develop to how system, justice criminal the across partnerships build to how teams, collaborative effective highly of characteristics the understand to gathered teams local and state the from members where Waukeshaand Rock counties. Outagamie, Marathon, Crosse, La Chippewa, of addition the including initiative, the in continue to invited states four of one Wisconsinwas 2015, early In level. statewide the to and jurisdictions additional to EBDM expanding in interest and capacity the explore to IV Phase in states participating invited NIC phases, earlier these in implementation and planning the by learned lessons and success the on Based models. national as serve now which programs, pilot established counties Claire Eau and Milwaukee 2008. in began which Initiative, EBDM the in participate to selected jurisdictions with states six said. Kremers analytics,” with experience and judgment professional combine we when decisions best our make we that know we because data, with questions these answer to us challenges Initiative Making Decision Based Evidence The community? our in everyone to harm reducing in works what about us tell research latest the does What working? is it believe we do Why do? we what do why.we ourselves do Why ask to willing be must we us, to entrusted resources limited the of use best the making and accountable offenders holding communities, our in crime subcommittee. the on serves who Jeffrey Kremers, Judge A. Court Circuit County Milwaukee said system, justice criminal level. local and state the at system justice criminal the in recidivism reducing and change, implementing collaboration, building for strategies proven incorporate to systems in formed now have that councils coordinating similar of part are teams EBDM Local efforts. EBDM Work on Phase V began at a June 2015 kickoff workshop kickoff 2015 June a at Workbegan VPhase on of one just Wisconsinwas of victims of number the reducing about serious are we “If the improve help will making decision Evidence-based justice with working on focuses Initiative NIC The continued from front page front from continued (CJCC), which oversees statewide oversees which (CJCC), . Corrections Evidence-Based Decision Making Initiative. Making Decision Evidence-Based Corrections of Institute National the of VI” “Phase participatingin are counties Wisconsin eight from teams and team Astate 50 Wisconsin50 jurisdictions. Virginia,local and their Indiana and to assistance technical continued extending be also may NIC addition, In phases. past in as levels, funding available on dependent are teams Wisconsin’sto provided be will that assistance technical of levels exact The EBDM. advancing in stakeholders community engaging proactively and partnerships, local and state strengthening plans, action specific implementing EBDM, in involved those of scope the and collaboration targets. change their regarding information exchange to teams allowed also and issues, strategy community and pretrial addressed that teams Wisconsin’sfor Wisconsinlocal Rapids and state in workshop day one-and-a-half a hosted NIC June, country.Finally,the across in teams EBDM by identified targets change on guidance and resources provided that webinars of series a May,held In Wisconsin.NIC from individuals nationally,26 sites including EBDM with behavioral and mental health issues from the justice the from issues health mental and behavioral with those diverting obligations; financial pay to failure address to confinement of use the examining policies; and training for practices model reform; bail supervision; community and courts, treatment programs, pretrial for sanctions and rewards in consistency ensuring for tools negotiations; plea in uniformity providing for methods jails; local for planning re-entry decisions; inform to assessments risk using programs; diversion and pretrial expanding or creating operators; telecommunications for standards training included: targets These scope. in varying targets, change systems. justice their for targets change developed then teams resources, local and support, member team criteria, The goals of the next phase include expanding include phase next the of goals The Each state and local team had between four and six and four between had team local and state Each from all state and local and state all from members by attended was that academy pretrial long March, NIC hosted a week- a hosted NIC March, In work. EBDM advancing for opportunities other provided also NIC plans, and targets their develop to teams the for assistance technical providing visits application. VI Phase the of part as included then were which plans, implementation in result to designed activities in engaging January,began teams In custody,evidence-based. is in or community the in either provided, programming all that ensuring and advocates; and victims of role the increasing processing; case in efficiencies increasing system; Outside of the monthly site monthly the of Outside see EBDM on page 22 page on

ThE ThIRD BRANCh 2016 Fall 9 10

Fall 2016 Fourteen more counties to receive TAD funding n September, the Wisconsin Department of Justice (DOJ) applications and award the grants.

ThE ThIRD BRANCh awarded Treatment Alternatives and Diversion (TAD) The counties and tribes receiving TAD funding during Igrants to an additional 14 counties, increasing the total 2017 include: Adams County, Ashland/Bayfield County, amount to be distributed to more than $6 million in 2017. Barron County, Brown County, Buffalo/Pepin County, TAD funding now provides support for 46 counties and two Burnett/Washburn County, Chippewa County, Columbia tribes in Wisconsin. County, Dane County, Dodge County, Dunn County, Eau TAD programs allow local jurisdictions to offer diversion Claire County, Grant County, Green County, Green Lake and treatment court programming to non-violent offenders County, Iowa County, Jefferson County, Kenosha County, who have drug or alcohol addictions. Programming La Crosse County, Lac du Flambeau Tribe, Manitowoc typically involves drug and alcohol abuse treatment, case County, Marinette County, Marquette County, Menominee management, and other risk reduction services. The Tribe, Milwaukee County, Outagamie County, Ozaukee programs are considered a safe alternative to institutional County, Pierce County, Polk County, Portage County, confinement and reduce the demand for jail and prison Racine County, Richland County, Rock County, Rusk space. County, Sauk County, Sheboygan County, St. Croix County, DOJ is responsible for administering the grants, and Taylor County, Trempealeau County, Walworth County, works in collaboration with the Department of Corrections, Washington County, Waukesha County, Waushara County, Department of Health Services, Director of State Courts Winnebago County, and Wood County. n Office, and the Public Defender’s Office to review

Law Library named for retired Justice Prosser n Oct. 19, about 130 people gathered to celebrate the namingO of the Wisconsin State Law Library in Madison in honor of retired Supreme Court Justice David T. Prosser, Jr. The crowd included current and former Supreme Court Justices, two former Wisconsin governors, and a host of other dignitaries and associates who worked with Prosser during his 40 years in public service. During his career, Prosser served in all three branches of state government. Supreme Court Chief Justice Chief Justice Patience Drake Roggensack and former Gov. Tommy G. Thompson unveil a Patience Drake Roggensack said plaque of retired Supreme Court Justice David T. Prosser, Jr. during a ceremony at the law library Oct. 19. the naming of the law library in Prosser’s honor is well deserved, not only for Prosser’s investigative work in her laboratory. No justice has been years of public more dedicated to the research that happens in the law service, but also library than Justice Prosser,” Roggensack said. for his Former Gov. Tommy G. Thompson, who appointed dedication to Prosser to the Supreme Court in 1998, gave the keynote the law library. address, at times roasting or toasting Prosser. “Some have Prosser retired from the Court on July 31. Prior to joining called law the Court, Prosser was a commissioner on the Wisconsin libraries ‘the Tax Appeals Commission from 1997 to 1998. He served in lawyer’s the state Assembly from 1979 through 1996, including two laboratory.’ It is years as Speaker and six years as Minority Leader. Before a lawyer’s that, he had served as Outagamie County district attorney. laboratory Early in his career, Prosser worked in Washington, D.C., because lawyers first as an attorney-advisor in the U.S. Department of and judges and Justice’s Office of Criminal Justice, then as administrative others do assistant to U.S. Rep. Harold Froehlich of Wisconsin, who investigative was a member of the House Judiciary Committee during the Watergate impeachment inquiry. n Doug Middleton, a state Department of work here – just Corrections employee, installs a new sign at as a chemist the David T. Prosser Jr. State Law Library in may do Madison. The sign was made by Badger State Industries prison industry program. OLR’s Estes called on to help honor her aunt her honor help to on called Estes OLR’s Achievement Award. TownDemocratic Lifetime Kingstown Committee North the with presented was she 2015, In organizations. community other many as well as Corporation, Development Economic NAACP,the Island Services, Rhode Family the Island years. eight for Committee School Kingstown North the on served later She rights. voting expand and park, business a plan jobs, create to worked she tenure, her During 2004. until terms, seven for representative state Island Rhode a as served She General Island Assembly. Rhode the to elected be to women African-American first the of one became she 1990, In Kingstown. North in years 25 for teacher a as worked and 1965, in Island TennesseeRhode to from husband her with officer,moved Benson Island. Rhode of state the and Kingstown North on accomplishments her of mark a leaving Benson. J. Melvoid Rep. late the aunt, Estes’sgreat- of accomplished honor in 25 Sept. on renamed was which Office, Post Kingstown North the of dedication O CongressJune13.signedwasonintolaw chairedJohnsonSen.Ronby(R-Wis.). bipartisaThe HomelandSecurityGovernmental and Affairs,whichi alsopassedthrough U.S.Senatethe Committee on (D-RI)introducedcompanion Senate.athe billin T desk,awaitingsignature. his U.S.Sen.Sheldon Whi officehonorsittingherwasPresidentinon Barack renaBensoninformbilltospokethatthetotoher Daysbeforepassing,her Langevin U.S.Rep.Jim (D- Rhode for directors of board the on served also Benson naval a of wife The without not but 86, of age the 11at June died Benson Elizabeth Estes traveled to Rhode Island to speak at the at speak to Island Rhode to traveled Estes Elizabeth Director Deputy (OLR) Regulation Lawyer of ffice farright) introduced companion legislation torena Whitehouse(D-RI) and Congressman Jim Langevin (D-R Officetoher aunt, Melvoid J.Benson. U.S. Sen. Sh Systemunveil the plaque dedicating the North Kings (secondfrom left), watches David Mastrioianni oft OfficeofLawyer Regulation Deputy Director Elizabe me the posttheme Obama’s he billhe tehouse n ofAct s RI) is redemptive,” King wrote. King redemptive,” is suffering unearned that faith the in continue you May odds. overwhelming of face the in perseverance unfaltering your campaign. rights voting grassroots the of work the commending and donation a pledging 1960 Jr.December King in Dr.Luther Martin from letter a received James WelfareMemphis. in League and Civic County Fayette the represented who James, by inspired was great-aunt her F.said James She Estes. said. Estes levels,” state the and local the at town this represent to work her and ability her constituents’in faith seriously,very her took she and of, proud very was am I which for me, encourage to time the had always that. she from And encouragement special a took I “And ceremony.the at news NBC10 by quoted was Raimondo Island,” Rhode in politics an in being African-American dedication. honorof an African-American. Thepost office is the first in Rhode Island to be from determination and courage “Wenew gained have Estes’slate of grandfather,the sister Atty. the was Benson and woman a her,being for easy always wasn’t it know “I the at spoke Gov.Raimondo Island Gina Rhode methe post office. heU.S. Postal eldon thEstes townPost I)(both on n Benson, who died of died who Benson, Benson’sEstes son, of honor in matches, blood for testing marrow bone for information provide to site on was Center Blood Island Rhode The guard. honor as served Department Police State Island Rhode the of ceremony.the Members at spoke also (D-RI) Cicilline David Congressman and (D-RI) Reed Jack grateful.” public service. public and education to dedication great-aunt’sher about spoke 2002, since OLR 1996. in leukemia Whitehouse, U.S. Sen. U.S. Whitehouse, “I know that Mel know Aunt “I at worked has who Estes, retirement. Prosser,Jr.’s T.David Justice by created vacancy the fill to Walker Scott Gov.by Court Supreme the to appointed was Kelly on. look justices fellow and daughter,wife, Kelly’s 22. Oct. on chambers Capitol Assembly StateWisconsin the in ceremony formal a during Kelly Daniel Justice in swears Roggensack Drake Patience Justice Chief namedin

ThE ThIRD BRANCh 2016 Fall 11 12

Fall 2016 Jurors recognized throughout September ounties throughout the state marked Juror Appreciation and a thank you letter was published in local newspapers,

ThE ThIRD BRANCh Month with a variety of activities and events to thank thanking jurors for their service and explaining why jury Cjurors and to bring attention to the importance of jury service is important. service. In Barron County, Circuit Court Judge Maureen D. In Waukesha County, banners were hung in the lobby of Boyle, wrote a newspaper column thanking jurors and the Waukesha County Courthouse and staff wore highlighting their role. Her column begins: “We Appreciate Jurors” pins throughout the “On December 15, 1791, our founding month. Jurors who appeared for jury fathers guaranteed by the Sixth service were given a token of Amendment to the Constitution, an appreciation, being allowed to absolute right of all citizens of the choose from cozies, magnetic chip United States, if accused of any bag clips, and a small flashlight. crime, to a speedy and public trial Each item features the image of by an impartial jury of the state and Wisconsin’s Lady Justice and the district within which the crime was slogan: Jurors Serve Justice; committed. This right has been Justice Serves Us All. extended statutorily by the In Door County, Clerk of to citizens Circuit Court Connie M. DeFere involved in nearly any civil dispute; and Circuit Court Judge D. Todd proceedings to terminate parental Ehlers appeared as guests on a radio rights or to determine whether children talk show Sept. 16 on WDOR-FM in are in need of protection; and even traffic Sturgeon Bay. In addition to discussing cases…” laws relating to jury service and statistics, they Boyle also wrote that the Barron County discussed a variety of issues, including what is Circuit Court recently enabled texting and e-mail expected of employers and jurors, the term for a juror, how notification service to help keep jurors informed. The much jurors are paid, the cost of a trial, and jury scams. technology may reduce the potential inconvenience of jury In Walworth County, jurors received a thank you note service by notifying people of schedule changes. n (as they do all year long) upon completion of jury service,

Potential Milwaukee juror chronicles experience fter receiving a summons from the Milwaukee County But he was thankful for other amenities available to the Circuit Court to report for jury duty, writer Jeramey jurors, like the vending machines, bathrooms, public JanneneA decided to chronicle his experience for the computers, a microwave oven and refrigerator. publication Urban Milwaukee. After waiting around all morning and not being among the “While some might greet this ‘Official Court Business first group of jurors called, Jannene said they were given a Jury Summons’ with dread, my natural curiosity and sense two-hour lunch break, where he was able to go back to his of civic duty took over,” Jannene wrote in an article office and get some work done. He said he hoped to visit the published Nov. 4. “So I decided to keep a running journal Milwaukee Public Museum over the following day’s lunch of everything I encountered. This is my time as juror break, since his juror sticker allowed him free admission. number 1048348.” Most of the time after lunch, Jannene and his fellow Jannene arrived at the courthouse just before 9 a.m., potential jurors spent quietly waiting. At 2:14 p.m., he said having to go through the metal detectors in the basement his name was finally called, along with 29 others, to the before making his way up the staircase to the first floor. He sixth floor courtroom of Milwaukee County Circuit Court noted that more than 100 potential jurors were packed into a Judge Pedro Colón. theater-style room before Milwaukee County Jury Service “We’ve caught a criminal case,” he writes. “The voir dire Manager Lori Schumann, who officially got the day started process takes place so that the judge, the state’s attorney for jurors. serving as the prosecutor and the defense attorney can get to Jurors were shown an orientation video and were thanked know us.” by Milwaukee County Circuit Court Judges Cynthia Davis Ultimately, Jannene said he was not selected to serve on and Michael Hanrahan and Milwaukee County Clerk of that or any other jury that day, and he and the others still Court John Barrett for taking time to perform their civic waiting were dismissed early, at 4:30 p.m. While he duty. describes the day as “pretty anti-climatic,” he does not Jannene wrote that Barrett said now-Reserve Judge consider it a waste of his time. Charles F. Kahn Jr. once had two jurors that met in his “The notion that jury duty is some great inconvenience courtroom who ended up getting married. seems laughable,” he wrote. “Yes, being on an actual jury “Who needs match.com?” Jannene asked in his article. would take more time, but you’re guaranteed to be done by Jannene said conditions were cramped in the jury 5 p.m. every day and given regular breaks. If that’s the cost assembly area, and Internet access was slow. of democracy, it’s a small price to pay.” n “I’ve been here for less than an hour, but I’m totally on- board with building a new courthouse complex.” could see the basic fairness in a case,” former Dane County Dane former case,” a in fairness basic the see could gem.” a was StateJournal the told Ebert, as day same the Court Circuit County Dane the to appointed was who WilliamFoust, then-Gov.by bench Tommy 1997. Court in Thompson Circuit County Dane the to appointed was He Stoughton. of city the for judge municipal a and general attorney Alaska. in stationed was and Navy U.S. the in technician electronics an as served He School. Law University Drake and Madison judge. reserve a as serve to continued he retirement, Committee. his After Incarceration to Alternatives (PPAC),Committee the and Policy and Advisory Planning the Committee, Instruction Jury Criminal the of member a was He 2009. until 1997 from bench old. years 69 was He 18. Sept. on accident motorcycle a in died Ebert D. Steven Judge Court Court Circuit County Dane Ebert D. Steven Judge Act (WICWA) and the changes made in the new ICWAnew the in made (WICWA)changes Act the and WelfareChild Wisconsinin Indian requirements current the between chart comparison a developed CCIPhas interim, the regionally.In available made be will changes recent ICWAon opportunities training that the anticipated and statute. policy,state agency and and court materials, resource forms, court circuit to updates including Wisconsinto practice, modifications necessary all make and identify to collaboration close in working currently are Families and Children of Department the proceedings. voluntary and preferences, placement removal, emergency court, tribal to cases of transfer custodians, and parents unrepresented notice, initial others: among agencies. ICWAwelfare of child implementation and courts circuit by ensure to guidance legally-binding provide to is regulations new the of intent The 1978. in enactment since ICWAto update comprehensive first the Indian as Affairs of Bureau the by promulgated been have requirements new A By Justin Wolff, Children’s Court Improvement Program Improvement Court Children’s Wolff, Justin By New Indian child welfare regulations pending regulations welfare child Indian New “He was a real down-to-earth kind of guy,who of someone kind down-to-earth real a was “He Judge Court Circuit County Dane former him,” loved “I state assistant an as served he bench, the taking to Prior UW-of graduate a was Ebert 4 Branch the on served Ebert Circuit County Dane Former As these implementation efforts move forward, it is also is it forward, move efforts implementation these As and (CCIP) Program Children’sImprovement The Court including, topics, of variety a address regulations new The OBITUARIES subject to the Indian Child WelfareChild Indian the to (ICWA).subject Act These cases for effect into go regulations new 12, Dec. of s . “It’s a tremendous loss, and such a shock. He shock. a such and loss, “It’stremendous . a Judge Steven D. Ebert StevenD. Judge Wisconsin children; and three grandchildren. three and children; two Dr.Royster; spouse, Ross her by survived is years, 25 time. the at details,” said small Abrahamson those in specializes Nelson Roxanne project. a of elements countless off throw can overlooked, if details, smallest “The completed. was renovation the after 2001 in said Abrahamson S. Shirley Justice then-Chief frustrating,” and difficult be can timetable constructed carefully a to sticking while needs conflicting sometimes and diverse many meeting staff. court of needs future technology,address and in updates significant meet to space the modernize to need the with integrity design original the of restoration and conservation the balance to 2001, in completed was and 1999 in began Wing,East which the of renovation 69. was She 26. Oct. on away passed Building, Capitol the of restoration the during courts the of behalf Liaison Project Restoration Capitol Nelson L. Roxanne grandchildren. three fairness.” basic the to – them through cut but them, understood – complications the through cut together.could judges “He as served two the before Ebert, with Justice of Department the at worked Flanagan paper.the T.David told Judge Flanagan Court Circuit [email protected] found be can which regulations, new the on modules training regulations. That document is available is document That regulations. for the Children’sthe for ImprovementProgram,at Court Wolff,Justin analyst contact morepolicy information, For updates. regulatory new the of many for model a as served Wisconsinfact, has In requirements. ICWAthe strengthening and clarifying also while in WICWAresulting found provisions the of many codified The children. Indian of removal address to legislation ICWAapplying consistently and state accurately enacting by 1902). § U.S.C. (25 families” and tribes Indian of security and stability the promote to and children Indian of interests best the “protect to was legislation original the of goal overarching The entities. private and public both by culture and homes their from removed children Indian of number high Nelson, who worked for the state of Wisconsin for over Wisconsinof for state the for worked who Nelson, that knows home a remodeled or built has who “Anyone the during staff Court Supreme the with worked Nelson on liaison project a as worked who Nelson, L. Roxanne and children; three Barbara; wife, his by survived is Ebert The Bureau of Indian affairs has developed on-demand developed has affairs Indian of Bureau The The entire ICWAentire The found be may regulations In 2009, Wisconsin recognized the importance of importance the Wisconsin2009, recognized In disproportionately ICWAthe to response in developed was here . or (608) 264-6905. (608) or n n here . here .

THE THIRD BRANCH 2016 Fall 13 14

Fall 2016 Appellate brief competition winners honored he winners of the Appellate Practice Section of the State the contest.

THE THIRD BRANCH Bar of Wisconsin’s Outstanding Brief Competition were Section board members narrowed the field based on initial Tannounced at a ceremony in Madison on Oct. 28. Chief screening criteria, and the winners were selected by a panel Justice Patience of retired judges, including former Wisconsin Supreme Drake Roggensack Court Justice Janine P. Geske, and former Court of Appeals spoke at the judges Margaret J. Vergeront and Thomas Cane. ceremony about the The winning briefs were: importance of good • Soderlund v. Zibolski, a state respondent’s brief filed brief writing. The in the Wisconsin Court of Appeals by state Department contest is intended of Justice Atty. Thomas Bellavia; to highlight the best • State v. Coleman, an appellant’s brief filed by the brief writers and to defense in an ineffective-assistance-of-counsel case, in promote better the Wisconsin Court of Appeals. The brief was filed by writing. UW Remington Center Atty. John Pray and it was co- For a brief to be authored by two student attorneys who are now eligible, the case graduated members of the bar, Jaclyn Schwartz and had to have been John Sears; resolved, and the • Acuity v. Chartis Specialty Insurance Company, an remittitur issued appellant’s brief filed by four private attorneys in an during 2015 or insurance case in the Wisconsin Supreme Court: Joseph Wisconsin Supreme Court Chief Justice 2016. Entries were Sarmiento and Michael Cohen of Miessner Tierney, and Patience Drake Roggensack makes judged on clarity of Lance Grady and Daniel Miller, both with Grady Hayes opening remarks during an award writing, depth of & Neary; and ceremony for the State Bar of analysis, and • Pigeon v. Smith, a response brief of the prisoner in a Wisconsin’s appellate brief-writing contest. Also pictured are retired Court of persuasiveness. habeas corpus case filed in the Seventh Circuit, after the Appeals Judge Margaret Vergeront, who Identifying district court granted the writ. It was written by Federal helped judge the competition, and District information was Defender Services Atty. Joseph Bugni. III Court of Appeals Judge Thomas M. removed for the The State Bar plans to hold the competition annually. n Hruz, a past chair of the State Bar’s purpose of judging Appellate Practice Section.

NEWS AND NOTES Milwaukee County Circuit Court Judge Christopher R. This isn’t the first time an adoption in Foley’s courtroom Foley’s Branch 14 courtroom was filled with news cameras, has caught the media’s attention. In November of 2015, the classmates and family members Aug. 29 to celebrate the Journal Sentinel reported on the adoption of Napoleon adoption of 10-year-old Abby Novotny. Reporters from “Polo” Scott, who found his adoptive family after Foley ABC News and WISN-TV covered the event, and the made a public plea on the teen’s behalf. Milwaukee Journal Sentinel ran the story on the front page “He desperately needs a safe and loving family, and I am of its Aug. 31 edition. While the story of a special needs hoping someone will read this and open their heart and their child being adopted by her foster mother is heartwarming on home to him,” Foley wrote of Scott in an open letter to the its own, what made Novotny’s story especially newsworthy Journal Sentinel in 2014. After he had terminated the child’s was the presence of all her teachers and classmates in the parents’ parental rights, he and his sister were placed in a courtroom to help her celebrate. foster home. A family adopted the sister but not Scott, who Almost every student and teacher from St. Coletta Day was put under the care of Milwaukee child welfare School missed the first day of treatment facilities. Foley feared that the boy’s window to be school to attend the adoption adopted was closing, prompting his public plea. ceremony. They witnessed The letter was read by Don Carlos Scott, Jr., who has Novotny sit in Foley’s bench spent over 20 years working with at-risk youth. He met Polo chair and bang the gavel to make and they hit it off. Polo officially became a member of the her adoption official. Scott family on Milwaukee Adoption Day in 2015. “It was incredible,” Anne “Adoptions are my thing. If I retire and die the ‘adoption Novotny, Abby’s adoptive judge,’ I think I will have fulfilled God’s plan for me,” mother, told ABC News. Foley wrote in his letter. “...Everywhere Abby looked there were kids, teachers, Since Aug. 1, Dane County has offered a text message siblings, aunts and uncles. She reminder option for individuals appearing in court, the could hardly stop smiling.” Wisconsin State Journal reported. After leaving their initial Judge Christopher R. ABC News’ coverage of the appearance, they can sign up to have reminders sent about Foley ceremony can be found here. see News and Notes on page 16 Wisconsin Breeding Bird Atlas, and catch up on his reading. his on up catch Bird and WisconsinBreeding Atlas, ongoing the for work travel, grandchildren, his with time problem.” this solve to courts treatment than more take will it but help, Treatmentchange. courts biggest the is drugs other and meth in increase huge the “Addressing said. Cameron addiction,” alcohol and drug in increase an or improvements, technology changes, social action, legislative from court. treatment the on working miss will he with, works he people the to addition in said He Court. Drug County Chippewa the PPACand Committee, Decorum the Subcommittee, Functions Special (CCAP) Programs Court Consolidated Automation Committee, Instruction Jury Criminal the on served has He practice. private in County,worked Chippewa and for attorney district Stanley,of assistant city an the for attorney city a as served manslaughter.”of counts two of convicted was county.He the in knowledge general was it because this about knew jurors The suffered. siblings many his and he abuse severe the of some detailed evidence trial “The defendant. the of said Cameron so,” do couldn’t they him told they but home, the from removed parents. his both murdering with charged was Slagowski Carl Seventeen-year-old bench. the taking after shortly County Rusk in assigned there.” be to want not did them of most that recognizing courtroom, the in everyone to polite be to tried “I said. Cameron adoption. for up child her give to decision difficult the made had who woman the towards respectful and polite being for him thanked worker social The rights. parental her terminate to decided had who mother a of case the handled Cameron how appreciated worker social The 1993. mother.her with live to going was and around life her turned had she saying decision, his for him thanking later months several her from letter a received he said He objections. her despite home, group a in her placed and home father’s her from girl a removed he where case a recalled He lives. many on impact significant a had has Cameron lives.” their on effect permanent and significant a has often do judges we “What said. Roderick “Rory” Cameron A. Judge Court Circuit County Chippewa important,” most the are litigants the courtroom, Court Circuit County Chippewa Cameron “Rory” Roderick A. Judge After he retires on Dec. 9, Cameron said he plans to spend to plans he said Cameron 9, Dec. on retires he After it’swhether change, with deals always system court “The Cameron 1983, in bench the to appointed being Before be to department services human the asked had “He was he case homicide double a recalled also Cameron decisions,” my explain to and fair be to best my did “I in worker social a from letter you thank a received also He judge, a as years 33 his During the in person powerful most the are judges “While RETIREMENTS RETIREMENTS Cameron “Rory” Roderick A. Judge 2010. Prior to running for the Racine County Circuit Court, Circuit County Racine the for running to Prior 2010. in re-elected was Jude election. general the and primary five-way a winning after 2004, in bench 4 Branch the to elected first was He term. second his of end the at 31, July Court Circuit County Racine Jude S. John Judge know.’”the ‘in longer no was I Appeals, constantly.of door Court the the in At walking were “People with. interact to opportunity the had she people the all was Appeals of Court the to moving after judge trial a being about missed she things the of one said She 10. Dec. on retires she County.Milwaukee for attorney district assistant an as served she bench, the taking to Prior Commission. Wisconsinthe Judicial of member former a and Courts, of Inns Foley L.J. the of member founding a Lawyers, Matrimonial American of Academy opinion.” your in law the of interpretation recent most the have you competent, you’re sure make law.case recent most the knowing and law the of top on are they sure making is face judges challenges biggest decisions. impartial make law,the and apply facts, the at look to time taken has she bench appellate and trial the on career her throughout said of She Court Appeals. I District Wisconsinthe State Assembly,retired. in served also Curley,had elder who the when 1983, until together country.served the two in The judges as together serve to daughter and father first the were they believes she said Curley bench. County Milwaukee the on serving Curley,also M. was Robert father, Judge her time, the At then-Gov.Schreiber.by Martin 1978 in bench Court Circuit Vegas.Las in while done had she what of recollection no had she because blurry was when the Vegas,Las was where The occurred. had wedding the when sure wasn’t but married, been had she where knew woman the where case divorce one recalled particularly She there. be to upset very was who someone or there, be to want didn’t who someone there, be to happy was who someone in bring could case divorce a like something that out pointing said, she emotions,” human of gamut whole the saw most. the court family in years nine her enjoyed she branch, judicial the in years 38 her during of Appeals Court I District Curley S. Patricia Judge Racine County Circuit Court Judge John S. Jude retired on retired Jude S. John Judge Court Circuit County Racine said. she judge,” trial a being of bonus added an was “That once staff and colleagues her miss would she said Curley the of fellow a as served has Curley to want you writing, you’re “When the of one believes she said Curley the on seat a for ran successfully Curley Patricia 1996, In County Milwaukee the to appointed first was Curley door.the in Youwalk to going “Youwas what knew never said Curley S. Patricia of Judge Court Appeals I District see Retirements Judge Patricia S. Curley S. Patricia Judge on page 17 page on

ThE ThIRD BRANCh 2016 Fall 15 16

Fall NEWS AND NOTES continued from page 14 2016 future court appearances. The new system is an attempt to

ThE ThIRD BRANCh reduce the rates of failures to appear. “Text message reminders have emerged as a best practice for reminding people of their court dates,” Dane County Clerk of Court Carlo Esqueda told the paper. “We just don’t want to see a bench warrant issued, somebody picked up and put in jail just because somebody forgot to show up.” According to the paper, since the system is new, there is no data that could conclusively determine if the text messages are reducing the rate of failure to appear. However, the number of bench warrants for felony, misdemeanor and criminal traffic cases has dropped from 1,326 in 2015 to 945 in 2016. “Going forward, I will take it as a positive sign for the efficiency of text message reminders if I see this number decrease in coming years,” Esqueda was quoted as saying. Sauk and Ozaukee counties also use a text messaging reminder system, according to the article. Ozaukee County Clerk of Court Mary Lou Mueller told the paper that she has noticed individuals who receive the reminder appear in The late Judge Robert W. Radcliffe’s widow, Judy Radcliffe court more consistently than those who do not. (left); Jackson County Circuit Court Judge Anna L. Becker (right); and Becker’s husband, Bob (center); pose behind the The Wisconsin State Journal reported in August on the memorial bench dedicated to Radcliffe. The inscription on the bench reads, “’I expect the dignity of the court, not my dignity, Madison municipal restorative justice program that has been the dignity of the court, to be upheld.’ – Honorable Robert W. operating since September 2015. The program is offered to Radcliffe, Circuit Judge.” offenders between the ages of 12 and 16 who receive municipal ordinance violation tickets. “It’s harder to go through that process than it is to go to From the time the program launched through this past court and do community service and pay a fine,” Dane June, 80 percent of the teenagers referred to the program County Juvenile Justice Service Manager Andre Johnson participated. According to the article, 106 participants have told the State Journal. “The fact that 80 percent choose to successfully completed the program in that time frame. participate is something we’re very happy with.” The program underwent an outside evaluation in October, Johnson said, with other areas in the state expressing interest in replicating the program.

Jackson County held an open house on Sept. 29 to show off the new $3.7 million courthouse addition, according to the La Crosse Tribune. The new addition includes a second courtroom, judicial office and conference rooms. The one- judge county hopes to fill the courtroom by getting legislative approval to add a second judge next year. The expansion also included security updates, and will allow for inmates to be transported from the jail without having to travel through the same hallway used by court staff, WEAU-TV reported. A memorial bench honoring the late Jackson County Circuit Court Judge Robert W. Radcliffe was also dedicated at the open house. Radcliffe served on the Jackson County Circuit Court bench for 18 years. While on the bench, he served as a deputy chief judge and chief judge for the Seventh Judicial District. He served as a reserve judge after his retirement in 2002. He passed away on Sept. Green County Circuit Court Judge Thomas J. Vale and 8, 2014. Court Reporter Denise Severson, participated in Monroe’s Cheese Days Parade on Sept. 18 as part of a weekend Brown County Clerk of Court John A. Vander Leest is long celebration of the county’s dairy industry. Severson sharing a story with a happy ending that also stresses the and her husband, Randy, are dairy farmers near Monroe. importance of victims updating their contact information. Vale walked the Severson’s Brown Swiss heifer calf in the parade. Vale is pictured (in lederhosen) with five-month-old Holly the heifer; along with Vale’s sister, Laney Sliver; and see News and Notes on page 19 Severson. 17

RETIREMENTS continued from page 15 Fall 2016 he worked in private practice for 27 years and served as a granted. juvenile court commissioner. He said he has noticed an increased acknowledgement of ThE ThIRD BRANCh Jude graduated from Marquette Law School and received the role substance abuse plays in criminal cases over the last his undergraduate degree from St. Francis Seminary in five to 10 years. He said the judicial branch is starting to Milwaukee. Before entering law school, he worked as a look at why certain people come back through the judicial probation officer and as a system over again, and the issue is starting to be addressed. program development specialist Kutz said working on the county’s drug court has been a for the Center for Urban Concerns wonderful experience, and drug court graduations, along in Racine. with adoption proceedings, have been the highlight of his Jude served as a member of the judicial career. Racine Collaborative for Kutz also commended the courthouse staff he has worked Children’s Mental Health. with over the past 8 years. “Too many of the juveniles I “I have been blessed with top-notch personnel,” he said. see in the court system struggle “Everyone is always willing to help one another.” with undiagnosed or untreated Kutz offers up three pieces of advice for new judges mental health challenges,” Jude taking the bench. wrote for a spotlight series on the “Be patient and polite to everyone who appears before Johnson Foundation at you. Listen. I have noticed more people who represent Judge John S. Jude Wingspread’s website. “By the themselves showing up clueless. They will have a better time young people get to me, it is opinion of the outcome if they think someone listened to much more difficult to lead them away from their current them. And finally, be fair to both sides.” path. If we train our police officers and community members to recognize signs of mental health issues, these Judge Gerald P. Ptacek young people will have a better chance at receiving the treatment they really need.” Racine County Circuit Court Jude told The (Racine) Journal Times that he planned to Over the past 28 years, Racine County spend more time with his seven grandchildren in his Circuit Court Judge Gerald P. Ptacek has retirement. had the opportunity to preside over “It’s time to move on. It’s time to do the things that several high profile cases. One of those grandparents do,” he told the paper. “I love the work. I love cases involved a dog track and casino, a being a judge. I’m going to miss the work, I’m not tired out, Chicago congressman, convicted Chicago so to speak.” crime figures, and Oprah Winfrey. In 2005, Ptacek approved the settlement between parties planning to develop a Judge Kenneth L. Kutz casino at a dog track. The class action Burnett County Circuit Court civil suit was brought by investors against “The job has its challenges, but I very much enjoyed it,” the company that was created to develop Burnett County Circuit Court Judge Kenneth L. Kutz said. the casino project. In 2001, a jury found Judge Gerald P. Ptacek “But the time has come to put my family first.” that principles in the company had Kutz retired on Nov. 26. He said in a perfect world, he concealed their association to convicted criminals in would have liked to stay on the bench longer, but now he Chicago. The casino proposal never won government said he wants to spend his time with this wife, who has been approval and was withdrawn. Ptacek said while Winfrey diagnosed with cancer three times since 1999. never testified in the case, she was referenced for her Kutz was first appointed in 2008. He had previously involvement in the planned casino. served as district attorney and Another case that stands out to Ptacek was a homicide assistant district attorney for case he heard early on in his career. In 1991, Ptacek Burnett County, and worked in presided over the murder trial of Joachim Dressler. The private practice. He has served as gruesome details of the murder and dismemberment of a member of the Board of Bar James Madden drew national media attention. The case was Examiners, chair of the District tried in Portage County due to publicity surrounding the Ten OWI Guidelines Committee, case in Racine. But Ptacek said it was not only the horrific and board vice president of the crime which makes the case so memorable, but the timing Restorative Justice of Northwest of it as well. Ptacek had to order the trial be temporarily Wisconsin. suspended that July when 11 dismembered bodies were Kutz said one of the challenges found in the Milwaukee apartment of Jeffrey Dahmer. Once he has faced during his time on the it was determined that Madden’s death was not linked to bench is the lack of resources Dahmer, the trial continued and Dressler was eventually available to a smaller county. He Judge Kenneth L. Kutz found guilty. said it’s difficult to see the needs Ptacek said the more challenging a case, the more of the people that appear before them, and know that the interesting he found it. He said he appreciated the treatment resources are not available. He said this is opportunity to help kids through the family and juvenile something he thinks larger counties may at times take for see Retirements on page 18 18

Fall RETIREMENTS continued from page 17 2016 courts. He also enjoyed the administrative work, especially any immediate plans for her retirement, but hoped to serve

ThE ThIRD BRANCh during his time as a chief judge for the Second Judicial as a reserve judge. District. First appointed in 1988, Ptacek won election to the Branch Judge John R. Storck 1 bench five times, most recently in 2013. His last day on the bench will be Jan. 3, 2017. Prior to taking the bench, he Dodge County Circuit Court served as a district attorney and assistant district attorney in Dodge County Circuit Court Judge John R. Storck said he Racine County, and worked in private practice. Before believes that how a judge presents a decision can often be receiving his law degree from Marquette University Law just as important as the decision itself. As an example, he School, he worked as a math teacher. He has served on the recalls a 2006 case he heard regarding 133 wind turbines Judicial Conference, Judicial Council, Office of Lawyer being installed in Dodge County. He said while he Regulation Review Committee, Statewide Video personally agreed that the proposed location was the wrong Conferencing Committee, and the CCAP Steering place for the turbines, he had to affirm the decision of the Committee. Public Service Commission of Ptacek said he takes pride in the courtroom atmosphere he Wisconsin to place the turbines created, and worked to give everyone the opportunity to be there. Storck was able to explain heard. his decision in a way that “They felt they had a chance to be heard, and the convinced the Horicon Marsh decisions were explained to them,” he said of those who Systems Advocates, who filed the entered his courtroom. petition for review in Dodge He advises new judges to be aware of their demeanor and County, that the law was on the how others perceive them. wind turbine company’s side. “Take breaks,” he added, and stressed the importance of “I was naturally disappointed,” giving everyone involved in a case some opportunity to Joe Braeden, president of the relax. Horicon Marsh Systems Advocates told the Beaver Dam He said he would miss working with people, including Judge John R. Storck litigants, court staff and attorneys. Daily Citizen after Storck’s Of his retirement plans, Ptacek said he would “do what I ruling. “The judge acted like he want to do rather than what I have to do.” One of the things really didn’t want to make that decision but that was the he wants to do is travel, including a trip to Europe and law. It’s like his hands were tied and he did what he had to heading south in the winter. do. He was fair.” Storck retired on Oct. 7. He was first appointed to the bench in 1994. He is a former deputy chief judge and chief Judge Amy R. Smith judge for the Sixth Judicial Administrative District, and a Dane County Circuit Court former associate dean of the Wisconsin Judicial College. Dane County Circuit Court Judge Amy R. Smith retired at Storck said he enjoyed working with the Judicial College the end of her term on July 31. Smith was first appointed to and the Office of Judicial Education. He said teaching and the Branch 4 bench in 2009 by then-Gov. . She presenting to others, whether it was other judges, high won election the following year. school students, or sixth graders, allowed him to learn more “It has been my privilege to serve the citizens of Dane about various subjects as well. County for the past six plus years, and to have had the honor “Being a judge gives you a great opportunity everyday to of serving as Dane County Chief learn about the law,” Storck said. “I will miss the intellectual Juvenile Judge and Deputy Chief stimulation and the daily opportunity to make a difference in Judge of our Judicial District,” people’s lives.” Smith said when announcing her Storck advises new judges taking the bench to get decision not to run for another involved at the state level in committees and groups to get a term. “It has been a pleasure to perspective on what’s happening statewide and to get an have worked on behalf of the appreciation of the overall court system. He said it is also a citizens of our county and the state great way to explore ideas on how to improve the court of Wisconsin in my 25 plus years system. of public service.” “Just because things have been done one way doesn’t Prior to her appointment to the mean there isn’t a better way,” he said. bench, Smith served as the deputy Storck has been instrumental in finding better ways of secretary of the Department of doing things in the court system during his time on the Corrections, a division Judge Amy R. Smith bench. He worked to develop an effective system for case administrator for the Department processing and eFiling in Dodge County, and was an of Natural Resources, an assistant attorney general, and an advocate for mandatory eFiling across the state. Dodge assistant district attorney for Dane County. County was the first county to move to paperless filing in She is a former deputy chief judge for the Fifth Judicial the state. He helped establish an iPad system for warrants, Administrative District, and a former member of the Office and technology in the court for video presentations in his of Lawyer Regulation District 9 Committee. Smith told the Wisconsin State Journal she did not have see Retirements on page 23 When funding from the state, the state, the from funding in increase an to thanks program court treatment current release. press a Vanderof,” proud in be said all Leest woman. the to $13,300 for check the present to able finally deputy,were they sheriff’s County Brown a of help CCAPWithrecords. the and media, social sites, search internet through victim the for searching months law.state per fund, general county the to returned be would money year,the a for cashed un- went and issued was check the if that concern her expressed her,she to due payment restitution large a had victim a discovered office, courts of clerk the with technician accounting District Attorney County Sauk alcohol,” of use the by lowered been have activity.criminal impact also can dependency alcohol addiction, their support to trying addicts from stem that court. treatment alcohol an include to 2015, in began which program, court drug current its expand to hopes county The offer them in the past.” the in them offer to able been we’ve what than more treatment outpatient intensive and residential to them send to able be we’ll grant, Withthem. the to that’savailable treatment been of lack a is participants our of some with struggle the for reason “The saying. as quoted was courts, driving drunk and treatment Schier Kristin 2015. in started which court, drug County Iowa the and 2009, in started which court, driving drunk and 2014, in started which court, drug County Grant the for services provides which Services, Community Unified to awarded be will grant The costs. transportation as well as treatment, residential article. the to according grant, this receive to state the in county other only the is Milwaukee Administration. Services Health Mental Substance and Abuse madison.com. website news to according costs, court drug for funding receive to country the in 10). page article, TAD(See receiving funding. grant counties several of one is Sauk article. the to according monitoring, alcohol and assistance, transportation testing, drug staff, additional for funding provide will County Sauk County plans to expand its expand to plans County Sauk can we story good feel a is “This several spent staffoffice The “A lot of violence is directed by people whose inhibitions whose people by directed is violence “Aof lot violations criminal addresses program current the While “I think it’s going to help our program quite a lot,” a quite program our help it’sto think going “I and inpatient fund help will year per $325,000 The federal the by offered being is grant federal year three The recipients grant 50 among be will counties Iowa and Grant Sauk A(TAD)to Diversion awarded Treatment and grant NEWS AND NOTES NEWS AND NOTES Sharon LaReau, Sharon , who coordinates the Grant County drug County Grant the coordinates who , Kevin Calkins Kevin an WisconsinStateJournal told the paper.the told continued from page 16 page from continued legislators and court staff. staff. court and legislators with met also group the of Members Capitol. the to visit annual group’s the during 21, Oct. on Room Hearing Court Supreme the in Court Association Circuit of Clerks Wisconsin the of members addresses Roggensack Drake Patience Justice Chief reported. interpreters faced by the court system. court the by faced interpreters threat to courtroom safety, while La Crosse County Circuit County Crosse safety,La courtroom while to threat according to the to according witnesses, as testifying to prior firearms their remove to officers required that policy a to due coverage news apply.”to people encourage strongly paper.would “I the told Capati someone,” find can we till wait to have we and forward go can’t proceeding the then themselves, express can’t or on going is what understand cannot interpreters. new recruiting of hopes the in departments, language university and fairs career to extended has outreach said She phone. and video via appear states other from interpreters having including shortage, the address to technology interpreters. finding to challenge greater even an creating Burma, in spoken languages 30 over are there but state, the in refugees Burmese for interpreters for demand a also is there paper the told Capati like languages, Arabic. common less for needed also are saying. as quoted was Capati job,” the do to needed skills interpreter have also but bilingual obviously be to someone requires system. court the through cases getting in assist Wisconsinin to spoken languages Herald Badger The told Program Interpreter Wisconsinthe Court of manager covered by WXOW,by covered WISC. and WBKT In October In La Crosse police officers and judges were the focus of focus the were judges and officers police Crosse La someone if proceeding court a in because difficult is “It to looking been has program interpreter the said Capati interpreters but language, in-demand most the is Spanish that profession it’sspecialty because a job “It’stough a La Crosse Police Chief Police Crosse La The Badger Herald Badger The La CrosseTribune.La interpreters are needed for over 60 over for needed are interpreters

Ron TischerRon

see see News and Notes Notes and News reported on the shortage of shortage the on reported The story was also was story The Carmel Capati Carmel

called the policy a policy the called on page 20 page on ,

ThE ThIRD BRANCh 2016 Fall 19 20

Fall NEWS AND NOTES continued from page 19 2016 Court Judge Ramona A. Gonzalez Siefert is

ThE ThIRD BRANCh told the newspaper the policy was not new to designed to ensure the jury view law the officers as “witnesses without enforcement, distraction,” and protects jurors having who have suffered a traumatic previously firearm experience, according to the served as a newspaper. Gonzales also noted Milwaukee that officers are not permitted to police officer carry firearms in federal for 13 years courtrooms. before serving “I believe there is a general as a agreement that officers are Milwaukee Judge Ramona A. permitted to carry firearms, the municipal Gonzalez exception being in front of a jury,” court judge. La Crosse County Circuit Court He was first Judge Scott W. Horne told the elected to the Tribune. “The concern has been circuit court Supreme Court Chief Justice Patience Drake expressed regarding an intimidating in 1999. Roggensack takes a break during a dinner atmosphere and that may be the event to present Retired Justice David T. Prosser with a plaque in recognition of his most common circumstance in A decision years of service on the Supreme Court. which weapons may not be to create a permitted. For many years, they drug court in Columbia County could be a matter of life or have been denied entirely.” death, Columbia County Circuit Court Judge Todd J. The issue arose when a La Crosse Hepler told the county board, according to the Wisconsin police officer had to testify at the State Journal. trial of a man who was charged Hepler was urging the board to approve a resolution to Judge Scott W. Horne with, among other crimes, police accept a state grant to start a drug treatment court, as well as battery. While Gonzales ordered continue to fund the county’s extra security for the courtroom during the trial, Tischer OWI treatment court. The board criticized the judge’s decision to not allow the officer who passed the resolution, with only had been threatened to protect himself. one member voting against, According to Supreme Court rules, circuit court judges according to the paper. and court commissioners can decide on a case-by-case basis Supervisor Jim Foley to allow officers to carry weapons in their courtroom. expressed his concern that the county would be financially Retired Justice David T. Prosser, Jr. gave a talk on his responsible should the grant love for Japanese abstract prints at his alma mater, DePauw money no longer be available in University, on Sept. 20. The talk was in conjunction with the the future. Hepler argued that university’s exhibit “Abstract Traditions: Japanese Modern treatment courts ultimately save Prints” from the DePauw University Permanent Art money. Collection, which runs through Dec. 9. Prosser was also a The grant money will help fund Judge Todd J. Hepler supporter of the exhibit. the three-phase program, as well “During his talk, Prosser hopes to convey to you the as pay for a treatment court coordinator. Hepler told the wonders and excitement of becoming an avid collector,” a paper he hopes to start the drug treatment court in mid- description of the talk held at the University Gallery read. 2017. Artists included in the exhibit are Iwami Reiks, Onchi Koshiro, Sekino Junichiro, and Yamaguchi Gen. Chief Judge Maxine A. White, Milwaukee County Circuit Court, Milwaukee County Circuit was featured in a WTMJ-TV news Court Judge John Siefert is story in October. White talked about considering challenging David A. growing up in the Deep South, her Clarke, Jr. for the Milwaukee parents’ support, and the changes County Sheriff position, she has seen in the country. according to an article published One of eleven children, White by the Milwaukee Journal told the Milwaukee news station Sentinel. Siefert was quoted as she picked cotton in Mississippi saying he is 90 percent sure he until she graduated from high will not seek re-election for the school, and supported herself in Branch 47 bench when his college by harvesting pecans and current term ends next year. Chief Judge Maxine A. Judge John Siefert White see News and Notes on page 21 Russ Feingold Russ has devoted almost half her life to. life her half almost devoted has she job the and Court, Wisconsinthe Supreme of institution article. the to according School, Law University Indiana at class graduating her in woman only the was Court, WisconsinSupreme Annette Kingsland Ziegler Kingsland Annette District Court Judge Court District and Court Justices Court Brava.” rousing a merits Wisconsin’son she years Court, 40 Supreme her For serve. to exist) should (or exists law people the forgets way.never her She in follow to others inspire commentary and speeches “Her saying. Ginsburg Bader Justice Court Supreme U.S. self-regarding,” least the sage, and courageous most the best, very the is Abrahamson career.judicial her and life, City,family her New Yorkin up growing life early covered article Abrahamson’s The Court. Supreme the on year Abrahamson Justice on channel that energy that way,” Whitethat energysaid. that channel everybody,what’sfor and do right to want who people, way.right the in outrage that channel to in way America.” long such a come today,we’ve granted so for take we things the of many south. segregated in youth her since change a noticed has she said she tension, racial prevalent support. despite parental And unconditional had have station. news the told White could,” we that else everyone help and life nice a have smart, work hard, work youth. her of conditions racial and economic difficult the despite goals, higher on focused her keeping and confidence instilling for parents her credits and college, to go to family cotton. picking NEWS AND NOTES NEWS AND NOTES “When I came I found a robe in the office and I wore it wore I and office the in robe a found I came I “When the for reverence her about speak to on went article The the on serve to woman first the was who Abrahamson, Also quoted in the article were former Wisconsinformer Supreme were article the in quoted Also Shirley jurists, U.S. “Among The Capital TimesCapital The like-minded are who goodwill, of ambassadors “Find events recent by outraged are who those encouraged She to access denied was I skin, my of color the of “Because to thankful is she said White to us encouraged “They her in first the was White Louis Butler Louis Shirley S. Shirley to mark her 40th her mark to William Callow William , (D-Wisconsin)., ; current Justices current ; was quoted as quoted was Barbara Crabb Barbara ran a feature a ran Ruth , and , , understanding of the judicial system. judicial the of understanding better a gain to action in Court Supreme the witness to state the across from students invites program Class with Court argument.The Nov.oral afteron 3 program Class with Court the of part as Room Hearing Court Supreme packed a to speaks Bradley Walsh Justice Ann Janine Geske Janine Daniel Kelly Daniel continued from page 20 page from continued Ann WalshAnn Bradley Abrahamson S. Shirley Justice , and former U.S. Sen. U.S. former and , , ; U.S. ; Jon WilcoxJon , , the civil, probate, and family court, according to the article. the to according court, family and probate, civil, the house to continue would courthouse county The courthouse. county historic the in currently are which of some paper. “I’m just voting against it tonight because it’sbecause incomplete.” tonight it against voting just “I’m board. county the telling as quoted was Dobratz decision,” information. more had they until waiting facility,supported new but the on opinion Dobratz member Board ballot. the on referendum the putting courthouse. and jail existing the replace would facility foot three-story,square new 270,000 proposed Milwaukee County Supervisor County Milwaukee article. the to according Court, WisconsinSupreme the by established requirements safety minimum meet to fails quality.also water building and The air poor in result that issues plumbing and electrical mechanical, and pests asbestos, as such problems address and codes building to up 1930, in opened which Building, Safety the bring to million to the to according Building, Safety the of site the on building courts criminal million $184 new a build would that resolution it. supporting 13,000 almost and it, against voting people 22,000 almost with support, little received and courthouse, the courthouse, and jail new a on million $78.5 spending taxpayers’on opinions assess to designed ballot, Election General November their them.” represents robe) the (wearing person that people... TimesCapital history,”that of told part Abrahamson a I’m and history is there court historic a In shreds. in was it until literally The Milwaukee Journal Sentinel reported Dec. 5 that Gov.that 5 Dec. reported Sentinel Journal Milwaukee The courts, criminal the of all house would building new The According to the to According tough a especially decision, a make to afraid not “I’m opposed had members board County Portage 25 the of Six “It is not a safe space for our staff, and for the public,” the for and staff, our for space safe a not is “It $150 to up cost would it determined consultants Aof team In November, the Milwaukee County Board approved a approved Board County Milwaukee November,the In Portage County voters decided against a referendum on referendum a against decided voters County Portage Milwaukee Journal Sentinel Journal Milwaukee said he was not opposed to getting the voters’the getting to opposed not was he said . “It doesn’t belong to me, it belongs to belongs it me, to belong doesn’t “It . Stevens Point Journal StevensPoint Stevens Point Journal StevensPoint see David Sartori David News and Notes and News . , the referendum the , reported. The reported. told the told on page 22 page on Dan The

ThE ThIRD BRANCh 2016 Fall 21 22

Fall NEWS AND NOTES continued from page 21 2016 Scott Walker is considering whether the state may help pay

ThE ThIRD BRANCh for construction of a juvenile corrections center in Milwaukee County, but the county would have to pay to operate it. Milwaukee County officials have been seeking alternatives to sending dangerous juvenile offenders more than 200 miles away to Lincoln Hills School for Boys and Copper Lake School for Girls, secure facilities located together north of Wausau. Those facilities have been under criminal investigation for nearly two years for abuse and child neglect, and judges and county officials have been seeking alternatives, the newspaper reported. Counties get state aid to help pay the costs of juvenile corrections – The Barron County Justice Center recently installed about $292 a day per offender at dementia friendly signage, thanks to the efforts of Barron Lincoln Hills and Copper Lake – but County Circuit Court Judge James C. Babler, Clerk of Circuit how they manage that money is up Court Sharon Millermon and Sheriff Chris Fitzgerald, who led the charge to make the building more dementia friendly. The to them. new signage is easy to read at eye level, with large fonts The details of a plan are still being and high contrast. Directional arrows are also used to worked on, and Milwaukee County indicate where specific facilities are located. Executive Chris Abele and Walker convictions, criminal violence, age, and past failure to said it was too soon to say what appear. The assessment does not take into account race, Reserve Judge James J. Bolgert such a plant may cost. gender, education, socioeconomic background, or received his certificate of “Where we would like to get to is neighborhood. The assessment then creates a matrix for completion for the Divorce and absolutely not sending anyone to Family Mediation Training court commissioners to use Lincoln Hills,” Abele told the Program in October. Perri when determining bail, newspaper. Mayes, the program instructor, is according to the article. State funding for the juvenile the director and clinical instructor The county board approved for the Mediation Clinic at UW center also would need the support the grant unanimously. Law School. The program also of Republicans in the Legislature. meets the state’s requirements While the 21-month pilot program runs, Harvard for mediation training on the A pilot bail assessment program University will gather data for a dynamics of domestic violence in Dane County aims to reduce the on victims and children. study on the use of the PSA. jail population, while addressing the “The study will see if the PSA racial disparities, the Wisconsin State Journal reported. The aids the magistrate in making grant for the Public Safety Assessment (PSA) is provided by the best decision,” Dane County the Laura and John Arnold Foundation, and will cover the Circuit Court Judge Nicholas J. cost of two county clerk positions to handle pre-trial Judge Nicholas J. McNamara told the paper. n assessments, according to the article. McNamara The pretrial assessment considers factors like prior

EBDM continued from page 9 Judicial members of the statewide EBDM team include: decade. Specific projects address treatment courts (drug, Judge Jeffrey A. Kremers, Milwaukee County Circuit Court; OWI, mental health, veterans, family, healing to wellness), Judge Carl Ashley, Milwaukee County Circuit Court; and diversion programs (pre-arrest, pre-charge, post-charge, Judge Elliott M. Levine, La Crosse County Circuit Court. deferred prosecution), jail monitoring, community Court staff on the state team include Tommy Gubbin, Office treatment, mental health issues/commitments, and other of Court Operations, and First Judicial District Court locally identified issues. For more detailed information Administrator Holly Szablewski. regarding what each county is working on here is a link Local CJCC’s have been the basis for justice system sortable by county or program type. n reform in Wisconsin. Based on their individual successes and their importance in supporting efforts like EBDM, For more information about evidence-based practices in the Treatment Alternatives and Diversion (TAD), and grant Wisconsin court system, contact Tommy Gubbin, (608) 261- funding, their numbers have increased rapidly in the past 0684 or [email protected]. The Third Branch (608) 267-0980 (608) fax [email protected] e-mail 261-6640 (608) phone 53701-1688 WI Madison, P.O.1688 Box Officer Information Court TomSheehan to: ideas article and comments, questions, Send system. court Wisconsin the to interest of news providing Office, Stateof Courts Director the of publication quarterly Branch Third The Foster Sara Court Circuit VernonCounty Rosborough J. Michael Hon. Wolff Justin TomSheehan TommyGubbin Foster Sara Capati Carmel Foster Sara TomSheehan Moran Denis J. Roggensack Drake Patience Associate Editor Associate Editor StateCourtsof Director Justice Chief Graphic Design/Layout Graphic Editorial Advisor Writers Contributing www.wicourts.gov is a is worked with Judges Robert C. Jenkins, John Jenkins, C. Robert Judges with worked has she years, the Over 1970. 1, June people.” the for work They group. good a They’re attorneys. with being enjoyed I others. with work to happy felt I work. like Gazett the told Gagas long,” probate. in register as were years those county.the of for Thirty-one working years 46 after 8, July retired Gagas M. Theresa Probate in Register PortageCounty Gagas M. Theresa country’sparks. national the all visiting and skiing, water and downhill through shape into back getting include also plans future His house. the around projects on history,work family and a develop grandchildren, four his visit travel, to hopes he time that During off. months transition.” complete a making we’re “Now said. Storck out,” rolling just were reporting. court for recording audio digital for advocate an been also county.has He eFiling everyone involved has stepped up to make to up stepped has involved everyone and effort team great a been has It possible. as smooth as transition monumental this making job great a done CCAPhas at and counties participating the of all in staff Officer.“The Information Chief Bousquet, Jean far,”said so eFiling mandatory eFiling. probate voluntary offer to begin will counties additional complete, are these Once modifications. needed of terms CCAPin to feedback good provided have counties both and well going been has pilot This and counties. Ashland Ozaukee in piloted being currently is which probate, with starting 2017, in eFiling for access. and view easy for cases multiple from documents group and cases to notes scanned upload eBench, on view from cases drop to ability the have also will Judges signatures. multiple for documents route and documents scanned sign to ability the including enhancements, signature electronic to forward look can staff court and Judges types. case all on attorneys court-appointed for waiver Gagas started working for the county on county the for working started Gagas that was it like seem didn’t really “It Probate in Register County Portage nine to six take to plans he said Storck computers 1994, in started first I “When RETIREMENTS RETIREMENTS “I am very pleased with the progress of progress the with pleased very am “I Several new case types will be enabled be will types case new Several e. “I loved the work. It didn’t seem didn’t It work. the loved “I e. continued from page 7 page from continued Portage County Portage continued from page 18 page from continued became court commissioners.” court became we as us of many to mentor wonderful a was County.He Milwaukee in minors exploited regarding practices and policies developing in involved very was “He said. Dorset Maria Commissioner Court County Milwaukee fellow children,” trafficked sex children’s court. the at cases juvenile over presiding was commissioner court a as rotation last His years. 20 than more for defender public state a as served commissioner,he court a as working to Prior years. 15 for commissioner court judicial a was Slagle 2. Sept. on retired Slagle Barry Commissioner Commissioner Court Circuit County Milwaukee Slagle Barry herself.” of give to willing so just was She public. the also but attorneys, only not help to willing always servant, public the told Flugaur probate,” in register as years T.Flugaur. Thomas and Eagon, Fleishauer,B. Thomas W.V.Fred Shannon, J. Robert Finn, following @CCAP_WisconsinTwitter.on following by or notifications email to subscribing by changes system and implementation eFiling with up-to-date stay can Filers page. CCAP’supdate on eFiling found be can eFiling about updates and Notes FAQs.and tutorials, video and guides user include These filing. electronic to paper from transition the ease help to resources of variety a access can Filers holidays. Monday-Friday,p.m., excluding 4:30 and a.m. 8:30 between available is support This chat. or email, phone, via eFiling Wisconsin."in types fullcompliment ‘e-file-able’of case all for clerk'stheoffice. lookingam forward theI to decreasedopportunitythe humanforerrorin case-managementimprovements, whichhave accountability.and transparency efficiency,access, improving users, court all for staggering are eFiling mandatory of benefits the said Court, Juvenile of Clerk and Probate in Register Court, Circuit of impact.” an “He was and still is a tireless advocate for advocate tireless a is still and was “He Court Circuit County Milwaukee 31 with institution, an literally is “She CCAP provides technical support for support technical CCAPprovides “Therehavebeendramatic work-flow and Clerk County Mueller,Ozaukee Lou Mary Gazette . “She was so valuable as a as valuable so was “She . n n

THE THIRD BRANCH 2016 Fall 23