Spring 2011 Volume 1

MBA Judges Night at the Grain Exchange Building

Picture courtesy of Kevin Harnack, the Wisconsin Law Journal

PERMIT NO. 3207 NO. PERMIT

MILWAUKEE, WI MILWAUKEE, Milwaukee, WI 53202-3746 WI Milwaukee,

PAID

424 E. Wells St. Wells E. 424

U.S. POSTAGE U.S.

Milwaukee Bar Association Bar Milwaukee PRSRT STD PRSRT

Messenger 1 MEMBERS SAVE MONEY!

Unishippers is an authorized UPS reseller with the right to re-market its pickup and delivery services. Unishippers contracts with individuals and businesses on behalf of UPS, offering discounted rates, exceptional customer service, and customized shipping solutions.

A negotiated discount of 20% on air services is available to MBA members spending less than $10,000 per year on UPS services. If your shipping costs are more than $10,000 annually, greater discounts may be available. (Some restrictions apply and not all firms will qualify for the program.)

Unishippers will invoice you directly and service your account.

Over the next several weeks, your firm or office may receive a call from Bill Curtis at Unishippers.

Currently using another shipping company? Provide Bill with a recent invoice and he will calculate your discount and savings potential through Unishippers.

To learn more about Unishippers please visit: www.unishippers.com. Regular Features Contents 4 Letter From the Editor Spring 2011 • Volume 1 5 Member News 6 New Members In This Issue: 6 Message from the President 5 Effective Networking and the Lesson of the Pot Belly Stove 7 CLE Calendar by Michael Moore, Moore’s Law 8 The Reel Law 9 New Local Rules Prescribe Forms and Procedures for Chapter 128 Debt Plans 15 Volunteer Spotlight and Trustees by Honorable Richard J. Sankovitz, Milwaukee County Circuit Court 21 Pro Bono Corner 22 Classifieds 10 Swimming in the Daylight: a Local Attorney’s Memoir of Friendship, Hope, and Courage by Attorney Elizabeth K. Miles, Davis & Kuelthau

Be Part of the Messenger 11 Primary Candidates Speak at MBA’s Judicial Forum Please send your articles, editorials, or by Noah Gehling, Milwaukee Justice Center anecdotes to [email protected] or mail them to Editor, Milwaukee Bar 11 New Addition to Milwaukee Justice Center Association, 424 East Wells Street, by Noah Gehling, Milwaukee Justice Center Milwaukee, WI 53202. We look forward to hearing from you! 12 Judges Night 2011

If you would like to participate on the 14 Beyond Civility—Promoting the Lawyer as Straight Shooter Messenger Committee, we have seats Messenger Editorial available. Please contact James Temmer, [email protected]. 15 Milwaukee County’s Children Need Help by Anthony D. Smith, Children’s Hospital and Health System

16 Send in the Clowns: Sales Tax and the Ice Cream Cake by Attorney Douglas H. Frazer, DeWitt Ross & Stevens

The MBA Messenger is published 17 Non-Competition Law in Wisconsin: Developments Since Star Direct, Inc. v. Dal Pra quarterly by the Milwaukee Bar by Eric H. Rumbaugh, Michael, Best & Friedrich Association, Inc., 424 East Wells Street, Milwaukee, Wisconsin 53202. 18 MBA Memorial Service Telephone: 414-274-6760 E-mail: [email protected] 19 Redesigned Milwaukee Family Court Mediation Program Is Up and Running Smoothly The opinions stated herein are not by Judge Michael Dwyer, Commissioner Michael Bruch, necessarily those of the Milwaukee and Deputy Commissioner Sandra Grady Bar Association, Inc., or any of its directors, officers, or employees. The 20 The Wing Tipped Contessa information presented in this publication should not be construed to be 20 EDWBA Annual Meeting formal legal advice or the formation of a lawyer-client relationship. All 23 MBA Judicial Poll — 2011 manuscripts submitted will be reviewed for possible publication. The editors 23 MBA Renews Lease and Remodels Space reserve the right to edit all material for style and length. Advertising and general information concerning this publication are available from Britt Wegner, telephone 414-276-5931.

Messenger 3 MBA Board of Letter From the Editor Directors and Staff Current events should nuanced tax ramifications of—wait for it— demonstrate to any of ice cream cakes. Judge Richard Sankovitz, Rachel A. Schneider, President the world’s remaining the undisputed Maharishi of Local Rules, Harley-Davidson autocrats that while previews new Milwaukee County rules Michael J. Cohen, President-Elect h e m a y g o v e r n governing practice and procedure in Chapter Meissner Tierney Fisher & Nichols without the consent 128 cases. From the legal marketing desk, Charles H. Barr, Vice President of the governed, frequent contributor Michael Moore provides Croen & Barr the governed can valuable insight on effective networking in Patricia A. Hintz, Secretary/Treasurer nonetheless show the digital age. There are pics from Judges Quarles & Brady him the door at any Night, the signature MBA social event of the Charles Barr, Editor time. It doesn’t matter season. Directors how long a dictator has been in power, how firmly entrenched We have reports on the Family Court Honorable Timothy G. Dugan he appears to be, how wealthy he is, or how Mediation Program, the need for more foster Milwaukee County Circuit Court subjugated his people appear to be. He is parents in Milwaukee County, the MBA’s Marcia E. Facey liable to get the boot quite summarily, as it Judicial Forum and judicial poll, and the Northwestern Mutual turns out. As long as the military lacks a taste MBA’s remodeling project. We have the Beth E. Hanan for slaughtering its own people, then a large, latest from the Milwaukee Justice Center, Gass Weber Mullins centrally located public square and enough as well as other initiatives and luminaries Lisa M. Lawless freedom-craving, unified, courageous, and in the pro bono world. Past MBA President Whyte Hirschboeck Dudek perseverant people to fill it are all that is Fran Deisinger is back with another “Reel required. Shake vigorously and, voilà—exit Law” review, in which he finally finds a film Susan E. Lovern dictator, stage right. to pan. And we have a blast from the past: von Briesen & Roper the mysterious, long-lost, and reliably droll David G. Peterson As amazing as these current events are, this Wing Tipped Contessa drops in to sample Reinhart Boerner Van Deuren edition of the Messenger includes a story another local lunch spot. Thomas H. Reed that may be even more amazing. It is the State Public Defender, Milwaukee story not of tens of thousands of protestors We hope you enjoy this edition of the Criminal Trial Office but of one individual who, in 1985, took on Messenger and, though we must concede the Honorable Maxine Aldridge White the massive, monolithic edifice that was the absence of a logical connection between the Milwaukee County Circuit Court Government of the Union of Soviet Socialist following two wished-for events, we also Republics. The individual, a young student, hope that the promise of spring inspires you Andrew J. Wronski staged a hunger strike to call attention to the to contribute to our humble publication. We Foley & Lardner USSR’s years-long refusal to allow one of close with the same words we uttered a year its citizens, a human rights activist, to travel ago, the mantra that gets us through this last MBA Staff to the West for life-saving cancer treatment. slushy slog of winter: somewhere, thousands James D. Temmer, Executive Director In this political face off between a solitary of miles away, pitchers and catchers have Katy Borowski, Director of Projects American student and the most powerful reported. Dawn Caldart, Administrative Director, autocratic institution on the planet, it was the Milwaukee Justice Center Soviet Government that backed down. No, it — C.B. didn’t collapse in a pile of rubble—then. But Andrew Clinnin, Associate Director, LRIS it showed the world a crack. Other cracks Amy Enger, Office Manager appeared, and a few short years later, the Pamela Hill, Accountant Soviet Union did collapse. Sabrina Nunley, Director of Continuing Legal Education The student who made the Soviet Government blink a quarter century ago now practices law Britt Wegner, Director, Lawyer in Milwaukee and lives in Shorewood with Referral & Information Service her husband and two daughters. Swimming in the Daylight is the title of her new book Contact Information looking back at this remarkable struggle. Our Milwaukee Bar Association, Inc. feature article (page 10) recounts her story. 424 East Wells Street Milwaukee, WI 53202 What else is in the Messenger? Our “hard Phone: 414-274-6760 law” article surveys recent case law on the Fax: 414-274-6765 validity of covenants not to compete. Moving www.milwbar.org on to “soft law,” regular contributor Doug Frazier savors the delicious and surprisingly

4 Spring 2011 Effective Networking and the Member News

Lesson of the Pot Belly Stove The Wisconsin Supreme Court appointed Michael Moore, Moore’s Law Michael J. Aprahamian, a partner at When I was young, we often spent our Being proactive increases Foley & Lardner, to a three-year term on vacations in a small cabin in the North effectiveness the Wisconsin Judicial Commission. The Woods. As the chill of the night air settled Lawyers need to be proactive and build Commission investigates and prosecutes in, my grandfather would say, “That stove effective networks to be successful. Stephen allegations of misconduct or disability on won’t make heat all by itself, ya know.” This Covey makes “Being Proactive” the first of the part of Wisconsin judges and court was a signal for me to haul in some wood his seven habits to becoming highly effective. commissioners. so he could make a fire. This was also my It means more than simply taking initiative. early introduction to the concept of “Give to Proactive people take responsibility for their Get.” The next time you are working your own lives. Their activities are a product of Galanis, Pollack, Jacobs & Johnson network, keep in mind two simple questions: choice, regardless of the conditions around announced that Aaron J. Bernstein has “Have I invested in my relationships within them. My last office activity each day is become associated with the firm. my network?” and “Have I been proactive making a short list of things I must proactively in managing those relationships?” Effective get done the next day. While events of the networking requires a proactive Give to Get day may force me to alter my plans, I have a Hawks Quindel announced its move, effective mentality. proactive reference point to effectively guide March 4, 2011, to 222 East Erie Street, Suite my activities throughout the day. 201, in Milwaukee’s Historic Third Ward. The essence of Give to Get Hawks Quindel is an employment and labor A Give to Get mentality is more than just Give to Get enhances social firm representing individuals and unions, joining groups and attending functions. It networking and also practices in the areas of family requires participation, lending time and As social networking has exploded, lawyers law, worker’s compensation, and wage and knowledge without regard for immediate are turning to these online communities hour claims. payback. It requires genuine interest in those as a way to maximize visibility, make we hope to add to our network. Stephen introductions, and generate revenue. This Covey, author of Seven Habits of Highly requires a Give to Get mentality. One of the Walter F. Kelly also announced the Effective People, calls this expanding our most effective examples of using social media relocation of his office, effective March 4, Circle of Influence. By working on things for lawyers is creating a profile on LinkedIn, 2011, to 222 East Erie Street, Suite 201. Kelly we care about, we generate positive energy, a site used primarily for professional represents individuals in employment, labor, which can magnify our personal influence. networking. Be proactive. Take the time civil rights, trade regulation, and executive My involvement with an area association to learn and make use of the site’s many compensation cases. has led to several new client opportunities. benefits. Use LinkedIn as a personal Web My 13 years as a volunteer on a local school site; share information about your personal, board created professional relationships that as well as your professional, interests and Reinhart Boerner Van Deuren announced continue to return value to me. The more we accomplishments. You are more than “a that Nathan K. Johnson, Amy L. Lindner, give to our network, the more we will get lawyer.” Reach out to groups and individuals; and Lucas J. Pagels have been named from it. offer your help or opinions on issues relevant shareholders in the firm. Johnson is a to them. Recommend others’ work and they, member of the firm’s Trusts and Estates Invest in your “relationship bank” in turn, are likely to recommend you. These Practice, Lindner of the Litigation and When you first meet someone who may be recommendations are one way to enhance Intellectual Property Practices, and Pagels of a potential addition to your network, ask your LinkedIn profile. the Employee Benefits Practice. questions about his or her interests. Listen effectively and build your knowledge Remember, “That stove won’t make heat all The firm announced the opening of a new of the contact. Then invest in building by itself, ya know.” Embrace the concept of office in Phoenix, Arizona. The firm also the relationship by periodically sending Give to Get. Be proactive, and enlarge your maintains offices in Milwaukee, Madison, information of interest to your contact. personal Circle of Influence. Spend the extra and Waukesha; Rockford, Illinois; and It could be as simple as news clippings or effort giving value to your network, and you Denver, Colorado. industry statistics. Sending a personal note, will be rewarded by getting value from your even scrawled on a yellow sticky, is better network. In the words of the great country than e-mailing attachments. Over time, lawyer, Abraham Lincoln, “Good things The Wisconsin Attorney General’s Office invest further in the relationship by getting may come to those who wait, but only things announced that Maria S. Lazar has together on a regular basis and exchanging left by those who hustle.” joined that office in the State Programs information. In this way you earn the right to Administration and Revenue Unit. Lazar ask for help, and when the time is right, your is a Past President of the Milwaukee contact will gladly give it. If you don’t make Bar Association. deposits into your own relationship bank, don’t expect much when you go to make a . withdrawal. Messenger 5 Message From the President Attorney Rachel A. Schneider, Harley-Davidson Happy Valentine’s Day! At the chair of the ABA committee that worked Judges Night. Despite the bitter cold it was least it is as I write this, so on this program just go on and on about how once again a terrific party. I never get the I’d like to use this issue’s wonderful Britt is and what a terrific asset chance to talk with everyone, but I always column to deliver some she is to the MBA. She is indeed! have some great conversations. Katy makes well-deserved valentines to it all happen seamlessly (at least as far as the the MBA staff. My second valentine goes to Sabrina Nunley. attendees are aware!). Thank you, Katy! Shortly after my trip to D.C., I received My first valentine goes the type of letter I hope we all think about My fifth valentine goes to the rest of the to Britt Wegner. In November, I was writing. It was from one of the presenters at MBA staff: Pam Hill, Amy Enger, and Andy coincidentally in Washington, D.C., for a one of our many excellent CLE programs. Clinnin. Pam has expertly performed the conference, which allowed me to accept the Sabrina is our Queen of CLE and she does MBA’a accounting functions for many years. ABA’s invitation to participate in a media one heck of a job. She does such a good job Amy is the MBA’s face to the public; she is event at the White House. One of the three that this presenter took the time to let me always upbeat and a pleasure to work with. initiatives announced at that event involves know how appreciative she was of Sabrina’s Andy is Britt’s indispensable right-hand man, referrals by the Department of Labor to an support and professionalism. I couldn’t agree without whom the aforementioned lawyer ABA-sponsored 800 number, which then more! Thank you, Sabrina, for running the referral service would not be what it is. Pam, connects to local ABA-approved lawyer MBA’s great CLE programming. Amy, and Andy round out an outstanding referral programs. As you may know, the MBA staff. You all make this the terrific MBA has a fantastic lawyer referral program, My third valentine goes to Jim Temmer. In organization that it is. THANK YOU! and it would not be what it is today without January, Jim confirmed what we had seen each Britt’s tremendous work and guidance. The month as the Board reviewed the finances. —Rachel MBA sponsors the only ABA-approved In large part due to Jim’s prudent expense lawyer referral program in Wisconsin. management, the MBA finished 2010 in the Britt helped the ABA develop a workable black. Given the dismal economic outlook at program that would not burden thinly staffed the beginning of the year, it was not an easy local lawyer referral programs, while at the task. Jim did it! same time increasing the odds that people with potentially valid claims (as assessed by My fourth DOL) will find qualified lawyers to pursue valentine goes to their claims when DOL has determined that it Katy Borowski. cannot. It was a fantastic experience to have February means

Bill Robinson, ABA Welcome New P r e s i d e n t - E l e c t ; Rachel Schneider, MBA Members! Milwaukee Bar Association President; Jeremy Adelson, Michael Best & Friedrich and Dave Bloomfield, Columbus (Ohio) Bar Zachary Corey, Foley & Lardner Association President- Jay Einerson, Michael Best & Friedrich Elect.

Matthew K. McCasland Photo credit: Lisa Helfert Jason M. Prekop, Gutglass, Erickson, Bonville & Larson Kevin P. Rizzuto, Michael Best & Friedrich Stacie H. Rosenzweig, Gutglass, Erickson, Bonville & Larson MBA Seeks Nominations for David Samson, Gray & Associates Annual Awards Courtney Schulz Do you know of a dedicated, innovative criteria for these awards give us the flexibility Jenny Youn, attorney or judge who deserves public to honor any outstanding individuals or Simpson & Deardorff recognition? The MBA honors individual or groups. If you are interested in finding out Peter J. White, group achievements with our yearly awards more about our awards, including a listing Deloitte Tax at the Annual Meeting. We have four award of past winners, or if you wish to nominate categories: Lifetime Achievement, Lawyer someone, please contact Jim Temmer at Graham P. Wiemer, of the Year, Distinguished Service, and the E. 414-276-5934 or [email protected]. MacGillis Wiemer Michael McCann Public Service Award. The 6 Spring 2011 March 18, 2011 MBA Bench Bar Probate Committee CLE Calendar and Milwaukee County Probate Division March 10, 2011 Fifth Annual Probate Court Guardian Ad March - May 2011 Civil Litigation Litem Seminar 2011 Legislative Changes for Civil Trial March 3, 2011 Wisconsin Individual-at-Risk Restraining Practice MBA Presents Orders: Research Findings and Practical Speaker: Ann S. Jacobs, Domnitz & Skemp Traffic Crash Analysis Application for GALs; Legal and 12:00 – 12:30 p.m. (Lunch/Registration) This is an analysis of a motorcycle and Procedural Update 12:30 – 1:30 (Presentation) pickup truck crash at an intersection to Speakers: Honorable Mel Flanagan, 1.0 CLE credit establish which driver had the green traffic Milwaukee County Circuit Court; Jane signal. The depositions of witnesses, detailed Raymond, Department of Health and Social March 15, 2011 traffic signal plan, and timing and sequence Services; Tess Meuer, Wisconsin Coalition Intellectual Property of operation are used with field simulation against Domestic Violence; Patrice Baker, A Sea Change: the Expert Discovery of the motorcycle being detected for traffic Probate Court Commissioner; Lindsey Changes to Rule 26 controller input, and a timeline of events to Grady, Deputy Register in Probate; Richard On December 1, 2010, amendments to the instruct a jury on the expert conclusion. The J. Baker, Probate Court Commissioner; Federal Rules of Civil Procedure went combination of technical traffic controller Laura J. Petrie, Petrie & Stocking into effect. These amendments include timing and deposition statements leads to Location: Marquette University Law School, substantial changes to Rule 26’s provisions an opinion to a reasonable certainty as to Eckstein Hall, Room 444 regarding expert discovery. Specifically, the display of traffic signals at the time of Limited parking is available at Eckstein Hall the changes add work product protection to the crash. for $5.00. communications and draft reports between Speaker(s): Wayne R. Higgins, PE, PTOE, 12:00 - 12:30 p.m. (Lunch/Registration) counsel and testifying experts. This extension TSOS, President, Traffic Engineering 12:30 - 4:00 (Presentation) of the work product privilege marks a sharp Services, Inc. 3.5 CLE/GAL credits 12:00 – 12:30 p.m. (Lunch/Registration) departure from the previous rule, which granted broad discovery of attorney-expert 12:30 – 1:30 (Presentation) March 22, 2011 communications and drafts. This presentation 1.0 CLE credit Elder Law will detail the changes to Rule 26, including WisPACT Update consideration of where the pitfalls and areas March 8, 2011 Speaker: Heather B. Poster, Becker, Hickey of dispute may be. Taxation & Poster Speaker: Kevin J. Malaney, Foley & The State of the IRS, Especially in 12:00 – 12:30 p.m. (Lunch/Registration) Lardner Wisconsin, Along With a Discussion of 12:30 – 1:30 (Presentation) 12:00 – 12:30 p.m. (Lunch/Registration) Recent Developments and Initiatives 1.0 CLE credit Jennifer Williams is the “Chief Executive” 12:30 – 1:30 (Presentation) 1.0 CLE credit for the examination division in Wisconsin for March 23, 2011 large businesses (domestic and international), Labor & Employment March 17, 2011 along with “high net worth individuals.” UI Hearings and Current Issues Regarding MBA Presents Her comments will also be helpful for UI Benefits Litigation Implications of the Dodd-Frank representatives for other taxpayers. Speaker: Honorable Carolina Stark, Financial Reform Act Speaker: Jennifer D. Williams, CPA and Wisconsin Department of Workforce An overview of the new claims and causes IRS Territory Manager – Wisconsin, Large Development of actions, possible defenses, and penalty Business and International Division 12:00 – 12:30 p.m. (Lunch/Registration) provisions that this massive, complex act 12:00 – 12:30 p.m. (Lunch/Registration) 12:30 – 1:30 (Presentation) creates and of which litigators should be 12:30 – 1:30 (Presentation) 1.0 CLE credit 1.0 CLE credit aware. In addition, the presentation will touch on some of the possible constitutional March 24, 2011 challenges to portions of the act, including March 9, 2011 Environmental Law those under the doctrines of the separation of ADR (Alternative Dispute Resolution) Wisconsin’s Approach to Addressing powers, vagueness, and due process. Mediation from the Plaintiff’s Prospective Vapor Intrusion Issues at Remediation Speakers: Nathan Fishbach and Don Discussion on preparing and dealing with and Redevelopment Sites Daugherty, Whyte Hirschboeck Dudek the plaintiff/client; educating the mediator; Discussion of the background for the DNR’s 12:00 – 12:30 p.m. (Lunch/Registration) preparing the submission; dealing with recently finalized vapor intrusion guidance, 12:30 – 1:30 (Presentation) the mediator, opponents, and your client the approach recommended for determining 1.0 CLE credit during the mediation; and post-unsuccessful whether investigation of the vapor intrusion mediation continuation of the dialogue pathway is necessary, and how sites with a Speaker: Robert L. Elliott, Attorney at Law vapor intrusion pathway can move through 12:00 – 12:30 p.m. (Lunch/Registration) the investigation and closure process 12:30 – 1:30 (Presentation) 1.0 CLE credit continued page 10 Messenger 7 The Reel Law Attorney Fran Deisinger, Reinhart Boerner Van Deuren A Few Good Men wind, even though he knows that they were midway through Cruise’s examination of 1992; running time 138 min. ordered to rough up the marine who died. Nicholson, he starts pulling out undisclosed evidence and essentially testifying to The films I have reviewed for the Messenger Cruise, the son of a deceased U.S. attorney previously unknown facts so that he can set so far have all been old classics that were general, is cynically spending his time in the the trap. It drives the plot line along, but it well-known favorites of mine—films made JAG corps playing softball and pleading out would never happen in a real courtroom. from the ‘40s through the ‘60s, all starring servicemen in courts martial, never trying legendary Hollywood icons. For this review, the cases. He is selected to defend the two While it’s too much to ask that moviemakers I am moving forward in time substantially, marines despite the request of Moore, a more follow the rules of evidence and courtroom to the 1990s, and a film that is much better serious lawyer, to do so. Cruise manages procedure religiously, better writers have known to modern audiences. But it was not to insult Moore in just about every way done a more creditable job without sacrificing better known to me. The film is A Few Good possible and yet somehow she quickly gets the inherent drama that the big courtroom Men, from 1992, directed by Rob Reiner dewy eyed about him, and convinces him scene can provide. As in most other aspects, and starring Tom Cruise, Demi Moore, and that his plan to plead the defendants out is A Few Good Men fails in this regard. This Jack Nicholson. The film was written by defeatist and that he should try the case. one is not worth putting in your Netflix cue. Aaron Sorkin, later renowned for The West Even though there is no evidence he has ever Wing on television and, very recently, The tried a case before, Cruise of course turns out Social Network, a leading contender at the to be a gifted trial lawyer. The remainder of upcoming Academy Awards. The only clip the plot plays out rather predictably, with the from this movie that I had seen before last ultimate courtroom scene featuring Cruise weekend was of the take-away line that cross-examining Nicholson and Nicholson entered the popular parlance at the time—a stupidly falling into an obvious trap by virtue seething Jack Nicholson barking out the of which Cruise not only wins the case, but answer, “You can’t handle the truth!” while has Nicholson himself placed under arrest. Milwaukee Bar on the witness stand. Ah, realism! Association Rob Reiner was working on a hot streak Apart from the unbelievable plot and Mission of terrific films, from This Is Spinal Tap the woodenly written and completely to The Princess Bride to When Harry unsympathetic characters, the worst problem Statement Met Sally, when he directed this military in the movie is the hammy acting of Cruise. courtroom drama in which a hot-shot young He carries the same bratty and unpleasant Established in 1858, the mission of the lawyer (Cruise, of course) with hidden persona to this movie that he used in Top Milwaukee Bar Association is to serve the doubts about his skills defends two marines Gun, and the arc of his character’s story is interests of the lawyers, judges and the accused of killing another marine as part pretty similar: He’s the hot shot who is faced people of Milwaukee County by working to: of a disciplinary tactic. The incident occurs with a challenge and then dealt setbacks • Promote the professional interests at Guantanamo—long before it became a (after one, he shows up swigging from a of the local bench and bar convenient lock box for Presidents to store bottle of whiskey, a scene so hackneyed inconvenient prisoners. it’s almost comical), but who ultimately • Encourage collegiality, public prevails with a good looking (and ostensibly service and professionalism on With all of the talent involved in its creation, professional, but ultimately feckless) woman the part of the lawyers of I went into this movie optimistically. I was at his side. Moore not only is handed the Southeastern Wisconsin greatly disappointed. Nothing about this tough duty of being Cruise’s moral support, film works very well. The story line is that but she is also inserted into the trial as co- • Improve access to justice for the dead marine was killed (accidentally, counsel, apparently so the writer can show those living and working in as it turns out) because he had “gone how inept she is next to Cruise. This film is Milwaukee County outside his platoon” by sending a letter to a not a high water mark for the portrayal of military investigator in which he requested a female attorneys. transfer and offered to provide evidence of a • Support the courts of Milwaukee County in the administration minor border incident. Nicholson, the base The courtroom scenes in the film are not of justice and commander, plays a stereotypical caricature impressive. There are a few set pieces to of an old military man who believes that establish Cruise’s cross-examining skill, but • Increase public awareness of the American society doesn’t appreciate his role these are not memorable. The courtroom crucial role that the law plays in as a stalwart against the enemy. He attempts itself is nice to look at, however, and once the lives of the people of to cover up the true story of the death through Nicholson enters for the showdown scene, he Milwaukee County. the ignoble approach of letting the accused chews up the scenery with entertaining gusto. marines under his command twist in the The biggest legal failing in the movie is that 8 Spring 2011 New Local Rules Prescribe Forms and Procedures for Chapter 128 Debt Plans and Trustees Honorable Richard J. Sankovitz, Milwaukee County Circuit Court

The Civil Division is Judge Timothy Dugan, the Presiding Judge Register with the presiding judge about to roll out two new of the Civil Division, along with Judges • each year. local rules mandating William Brash and William Pocan, took the the use of special forms lead in drafting the new rules. Judge Dugan • Be willing to accept appointments from for those filing petitions said that special rules were needed “to ensure the court in cases in which litigants to amortize debts under compliance with the statute and uniformity represent themselves. Chapter 128, and in filings,” and to provide unrepresented Maintain segregated, dedicated bank regulating those who litigants with “forms they could easily use.” • accounts to hold funds deposited by would serve as trustees debtors. of amortization plans. A separate concern of the court has to do with trustees who supervise debtor repayment Secure an appropriate bond. A bit of background: Chapter 128 governs a plans. These trustees are responsible for • variety of remedies for debtors and creditors. large sums of money, but neither the court • Report annually on all funds received It might be best known for its rules governing nor the law currently makes any provision for by the trustee and demonstrate that he receiverships. It also includes section 128.21, securing the funds or tracking them to make or she is bonded. which focuses on relief for persons “whose sure they reach their intended destination. principal source of income consists of wages The new rules, the required forms, and a list or salary.” To address the concerns surrounding the of approved trustees will be available on the burgeoning use of Chapter 128, two new court’s website and at the Milwaukee Justice Recently, the court has seen a dramatic rules have been proposed and are awaiting Center. increase in filings invoking the protection approval by the Chief Judge. One rule of section 128.21. That statute has become prescribes particular forms and procedures a popular alternative to bankruptcy for that must be used in these cases. Pertinent Receive a call that your individuals, particularly after access to features of this rule include: firm cannot assist? bankruptcy court was constricted by reforms Send them to the enacted about five years ago. • Mandatory forms for the documents that must be filed in these cases: Petition to Milwaukee Bar Association’s Section 128.21 is designed to give debtors Amortize Debts, Affidavit of Debts, Lawyer Referral Service! some breathing room to catch up with their Order Appointing Trustee, Report of debts. The law allows a debtor to name all his Trustee, Plan, and Proposed Order Experienced Attorneys: LRS Attorneys are or her creditors, authorizes the court to freeze Approving Plan. in good active status to practice, are current on their liability insurance, and meet experience any action those creditors might take to collect The requirement that the court’s requirements for difficult areas of law. their debts (for example, garnishment), and • forms be used; substitutes will not be gives the debtor three years to pay back what LRS staff is trained to accepted, and the court will not grant Personalized Service: is owed. If it’s feasible for a debtor to catch collect the information needed from the client to any protection to the debtor until the up in three years or less, the court appoints identify his/her legal issue. appropriate forms are filed. (The rule a trustee to collect from the debtor, usually establishes a 30-day grace period for The Safe Referral: A referral to LRS relieves via a paycheck deduction, and distribute the getting the required documents on file, you of any liability for a negligent referral. debtor’s earnings to the various creditors. or else the case will be dismissed.) A Public Service: In addition to providing The need for a new local rule arose because The minimum amount of each referrals to attorneys, the LRS staff directs section 128.21 is none too specific about • clients to government and social service installment to be paid by the debtor, agencies, which is often what callers need. the procedures lawyers, clients, and trustees depending on payday interval. should follow in these cases. As a result, Does the caller have a legal question? judges in the Civil Division have been • The number of copies that must be Refer them to the Lawyer Referral Blog: www. struggling with inconsistent pleadings, form filed, along with a provision that the mbaevice.blogspot.com documents that vary from (and sometimes court will forward copies of certain blatantly contradict) the terms of the statute, documents directly to the trustee. and the inefficiencies that result from a lack of uniformity. Furthermore, debtors The other rule establishes a system for representing themselves have no model for registering and regulating trustees. There are their submissions. exceptions, but generally all persons seeking 414-274-6768 to be trustees must: www.findmilwaukeelawyers.org

Messenger 9 Swimming in the Daylight: a Local Attorney’s Memoir of Friendship, Hope, and Courage Attorney Elizabeth K. Miles, Davis & Kuelthau

Today, Lisa Paul is a civil litigation attorney Through the consequences Inna and Naum Lisa decided to go on a hunger strike to practicing in the Third Ward and living with suffered as a result of their involvement in protest the Soviet government’s denial of her husband and two daughters in Shorewood. the human rights movement, Lisa came to Inna’s visa. An article about her efforts in the In 1984, Lisa was a college student living in understand the harsh realities of life in the Minneapolis Star Tribune on day one of the Moscow and about to enter into a friendship pre-Gorbachev Soviet Union. strike triggered a wave of media coverage that would defy an empire. Lisa’s just- and, as a result, national attention to Inna’s released book, Swimming in the Daylight, Lisa and Inna’s relationship quickly grew case and the struggle for human dignity in chronicles her remarkable friendship with beyond student and teacher. As Lisa and Inna the Soviet Union. Lisa ended her hunger Soviet activist Inna Kitrosskaya Meiman and became closer, Lisa discovered that her friend strike after 25 days with a press conference provides a powerful message of hope, faith, had cancer and had been denied permission in the U.S. Capitol building. Although Lisa’s and courage. to travel to the West for potentially life- hunger strike ended, the press coverage and saving medical treatment. Inna feared she political pressures on the Soviet government Lisa pursued a Russian Studies major at might die in Russia without the outside world continued. the University of Minnesota, and moved to understanding the plight of refuseniks and Moscow in 1983 to work as a nanny for an dissidents in the Soviet Union. Lisa returned A year later, Inna finally received a visa to American couple. A year later, Lisa became a to the U.S. in May 1985 determined to help travel to the U.S. for medical treatment. Her Russian language student of Inna Kitrosskaya however she could. husband Naum’s request to accompany her, Meiman. From their first meeting, Lisa knew however, was denied. Lisa was at the front there was something special and important But what could she do? Lisa was a college of the line when Inna arrived in Washington, about Inna. student with no money, no political D.C. Inna vowed to help all those left behind connections, and little time to accomplish her in Russia when she recovered. Sadly, three Although Inna had a doctorate in English goal. Meanwhile, the news from the Soviet weeks into treatment, Inna passed away. The language education from the prestigious Union was getting bleaker. Inna’s recent international community mourned a woman Moscow Institute of Foreign Languages and operation had made her condition worse, and who courageously fought against her illness taught there for years, she was forced to quit the doctors had discovered a new, inoperable and for human rights in the Soviet Union. in 1979 after applying to emigrate. The Soviet tumor. Yet, as always, Inna kept up hope and government denied Inna’s visa, and she was encouraged Lisa to do the same. In the midst Lisa’s hope in telling this story is to inspire branded a refusenik, the term for Soviets of her frustration, Lisa realized she had all others to find daylight even during times of who were denied permission to emigrate. she needed: her family, her freedoms as an the darkest despair. Swimming in the Daylight Inna’s husband, fellow refusenik Naum American, and her Catholic faith. is available now. More information, including Meiman, was a well-known mathematician information on upcoming events, is available and member of the Helsinki Watch Group. at http://swimminginthedaylight.com/.

CLE Calendar continued from p. 7 12:30 – 1:00 p.m. (Registration) May 20, 2011 Speaker: Terry Evenson, Hydrogeologist, 1:00 – 4:00 (Presentation) MBA Presents Wisconsin Department of Natural Resources 4:00 – 5:00 (Reception - hors d’oeuvres Shining Moments in the Courtroom: 12:00 – 12:30 p.m. (Lunch/Registration) and wine) Outstanding Habits and Tactics that 12:30 – 1:30 (Presentation) 3.0 CLE credits Impress Trial Judges 1.0 CLE credit Speakers: Honorable Robert G. Mawdsley April 15, 2011 (retired); Honorable Michael J. Skwierawski March 25, 2011 MBA Presents (retired); Honorable William S. Pocan, MBA Presents Personal Injury Cases: Calculating and Milwaukee County Circuit Court; Honorable Milwaukee Family Court Judges - Live Proving Damages Richard J. Sankovitz, Milwaukee County and in Concert Part V! Speaker(s): Alex Flynn, Alex Flynn & Circuit Court The Milwaukee family court Judges discuss Associates; Michael A. Mesirow, Kasdorf, 8:30 - 9:00 a.m. (Registration/Continental areas of family law practice, including Lewis & Swietlik; David J. Turek, Gass Breakfast) advice on how to best present various issues Weber Mullins 9:00 – 12:00 (Presentation) before the court. 8:30 - 9:00 a.m. (Registration/Continental 12:00 – 12:45 (Lunch will be provided) Moderator: Gregg Herman, Loeb & Herman Breakfast) 12:45 - 4:30 (Presentation) Panelists: Judge Michael J. Dwyer; Judge 9: 00 – 12:00 (Presentation) 7.0 pre-approved CLE credits Michael D. Guolee; Judge Elsa C. Lamelas; 12:00 - 12:45 (Lunch will be provided) continued page 22 Judge Daniel A. Noonan; Judge Francis T. 12:45 - 4:30 (Presentation) Wasielewski; Commissioner Sandra Grady 7.0 pre-approved CLE credits, including 1.0 ethics credit

10 Spring 2011 Primary Candidates Speak at MBA’s Judicial Forum Noah Gehling, Milwaukee Justice Center

JoAnne Kloppenburg, Consumer Protection Unit for the Wisconsin Assistant Attorney General; Department of Justice. Marla Stevens, Director of the State Public Defender’s Each group of candidates made introductory Appellate Division; and Joel and closing remarks and answered three to Winnig, a private practice four questions during the hour-long forum. attorney. All four candidates The top two voter-getters for each position had the opportunity to in February’s primary election—Prosser and address questions from Kloppenberg for the state supreme court, and the moderator—Richard Colón and Lipscomb for the circuit court— Esenberg, a visiting Assistant are competing in the 2011 spring general Professor at Marquette election to be held Tuesday, April 5. University Law School—as well as from the audience. Supreme Court Justice candidates Marla Stephens and Joel Winnig participate in the forum. Following the remarks of the Wisconsin Supreme Court On Thursday, January 27, the Milwaukee candidates, the audience heard Bar Association hosted a noon-hour Judicial from the three candidates running Forum open to both MBA members and for Branch 18 of the Milwaukee the general public. More than 60 people County Circuit Court: incumbent attended, along with members of the press, Judge Pedro Colón and challengers to hear from the candidates who competed in Christopher Lipscomb, a the 2011 spring primary election on Tuesday, private practice attorney and February 15. municipal judge for the City The Forum began with the candidates for of Glendale; and Roy Korte, the Wisconsin Supreme Court: incumbent Assistant Attorney General Justice David Prosser listens as Assistant Attorney General JoAnne Kloppenburg responds to a question at the Judicial Forum spon- Justice David Prosser and challengers and Director of the Criminal Litigation, Antitrust, and sored by the MBA. New Addition to Milwaukee Justice Center Noah Gehling, Milwaukee Justice Center

Dayna Frenkel, a 2010 graduate of good experience during my deferral year,” Washington University School of Law in St. said Frenkel. “The Milwaukee Justice Center Louis, joined the Milwaukee Justice Center is an important addition to the legal services (MJC) in January. Frenkel is a deferred available to low-income, self-represented associate at Michael Best & Friedrich, a litigants. I am confident that the lessons I partner of the MJC. She will be working learn over the next year will make me a better at the MJC for the duration of her deferral attorney at Michael Best and instill in me a year. lifelong commitment to pro bono work.”

Frenkel works on administrative Welcome, Dayna! programming, which will help expand the hours and impact of the MJC. She also helps supervise the MJC’s self-help desks during some of the Family Law Clinic walk-in hours.

“I’m very excited that this opportunity presented itself, allowing me to get such Dayna Frenkel in the MJC’s Self-Help Center

Messenger 11 Judges

2011 Night

Michael Best & Friedrich attorneys Adam E. Witkov and Susan M. Sager; Milwaukee County Circuit Court Judge Maxine A. White; Gimbel, Reilly, Guerin & Brown attorney Thomas E. Brown; Michael Best & Friedrich attorney Joshua L. Gimbel; and District 1 Wisconsin Court of Appeals Judge Kitty K. Brennan

U.S. Seventh Circuit Court of Appeals Judge Terence T. Evans, Cook & Franke attorney William A. Jennaro, and Gunta & Reak attorney Gary A. Gerlach

United States Attorney for the Eastern District Court of Wisconsin James L. Santelle, Kyle Mayo, Foley & Lardner attorneys Zachary J. Corey and James T. McKeown

Milwaukee County Circuit Court Judge Mel Flanagan; attorney Allison A. Luczak; and Gimbel, Reilly, Guerin & Brown attorney Christopher L. Strohbehn

12 Spring 2011 Hupy and Abraham attorney Timothy W. Schelwat and Milwaukee County Circuit Court Judge Francis T. Wasielewski

Gimbel, Reilly, Guerin & Brown attorney Patrick J. Knight; Milwaukee County Circuit Court Judge Rebecca F. Dallet; and Chief Judge Jeffrey A. Kremers

McNally, Maloney & Peterson attorneys Thomas A. Strandberg and John F. Maloney All pictures courtesy of Kevin Harnack, the Wisconsin Law Journal

Judges Night Please join us in 2011 thanking our sponsors.

Industry Exclusive Event Sponsors

Music Sponsor Print Sponsor

Messenger 13 Messenger Editorial Beyond Civility: Promoting the Lawyer as Straight Shooter The Rules of Professional Conduct for and their clients usually come out on the we must also face the fact that there are Attorneys (Supreme Court Rules, Ch. 20) short end of the stick. While civil conduct lawyers who instill abusive motivations prescribe our baseline ethical norms. Beyond remains important, we need to address a in their clients, or who choose to represent that baseline, the manner in which lawyers broader problem that can be described as their clients abusively regardless of or even interact with the general public, each other, abuse of the legal system. contrary to their clients’ wishes. and the legal system as a whole is largely a matter of self-regulation. As in any other What does “abuse of the legal system” mean? Therefore, we need a new campaign for community, we enhance or detract from the Simply put, it means any conduct designed the purposes of (1) encouraging attorneys reputations of individual lawyers through our to impede discovery of relevant facts and to promote the integrity of the legal system day-to-day conversations with one another prompt resolution of disputes on that basis. by counseling against, and declining to about their conduct. The innumerable tactics employed in service participate in, its abuse; and (2) recognizing of such abuse include burying an adversary attorneys who best uphold the integrity of Occasionally, we go beyond those private with paper for no reason other than to do the legal system in the course of representing evaluations and engage more publicly in just that, not returning calls from opposing their clients. Such a campaign might be what can loosely be called a “campaign” to counsel, foot-dragging, obfuscation (most called “Beyond Civility.” improve our collective behavior. An example notably in discovery responses), idle threats is the emphasis within the past decade or so or boasts, churning, erection of phony The importance of this issue can be illustrated on “civility”—an effort to cut down on rude scheduling roadblocks, flat-out lies, and the by asking ourselves two questions. First, why or abusive treatment, whether verbally or in list goes on and on. Too many lawyers are does such a large proportion of the public at writing, of opposing counsel, parties, and wasting their talents on diversionary tactics. large continue to revile lawyers? We suggest witnesses. Individual judges have adopted Resolution of too many legal matters is that neither incivility nor incompetence is civility codes that are posted in their courtrooms, unreasonably expensive and prolonged. Too the problem. Rather, the profession has a and to which practitioners either implicitly many legal “victories” are, in the end, not bad reputation because lawyers, whether at or (in the case, for instance, of pro hac vice worth the travail of achieving them, because the behest of their clients or of their own admissions) explicitly pledge to adhere as a it is so difficult to cut to the chase. The courts, accord, so often impede rather than promote condition of appearing in those courts. as well as law firm conference rooms, are and continued page 22 always have been clogged with such matters. The civility campaign has been essentially victorious. Almost all reputable attorneys Not infrequently, abuse of the legal system Need help deciphering are now “civil” in relationships with other is client-driven, either by means the client’s counsel and the public. The few who persist actually abusive motivation or simply his a medical file? in overtly rude and aggravating conduct are or her misunderstanding of the purpose and shunned by the mainstream legal community, function of the legal system. More ominously, Need a nurse to help a client through the medical maze? Cost of care getting you down?

Contact Collaborative Legal Nurse Consulting, Inc. at 262-442-5265 or [email protected] for legal nurse consulting, case management, or life care planning.

14 Spring 2011 Volunteer Spotlight John Bennett focusing on Chapter 7 bankruptcy and estate planning. With the services John provides John Bennett is a sole practitioner in the ARCW, its clients can continue to find Wauwatosa who focuses on elder law meaningful employment and enjoy a happy because of the great need he saw while family life. John is assisting an acquaintance working as a patient advocate for people with who is starting a non-profit organization for chronic illnesses. John is active in the MBA’s the benefit of people who have lost their jobs Lawyer Referral and Information Service, in the bad economy. For the past several the MBA’s mentoring program, and speaking months John has taken on the role of filing opportunities through the MBA’s Speaker’s for non-profit status, developing by-laws, Bureau. John has also served as a pro bono and structuring organizations as part of his attorney for the AIDS Resource Center of focus on helping people who have been Wisconsin (ARCW) for nearly two years, downsized. Thank you for all you do, John! Milwaukee County’s Children Need Help Anthony D. Smith, Children’s Hospital and Health System

Although more than 700 foster homes in If he or she becomes licensed, you may be Milwaukee County are available to children Serving as a foster parent generally means eligible for a referral incentive. This program in need, there are approximately 2,200 working closely with Children’s Service is available for participating community children in foster care, and up to 100 new Society of Wisconsin. It also means having organizations, faith-based organizations, children enter each month. Many of those regular contact with a child’s biological and our current foster and adoptive parents. children will be placed in the homes of family. While not everyone will feel the To learn more about the referral program, relatives. When a relative can’t be found and calling to be a foster parent, we hope that contact Reggie Riley at (414) 231-4859. a home isn’t available, however, the child you can help us increase the number of may need to be placed outside of Milwaukee homes for children. Our goal is to increase We believe there are organizations within County, away from everything and everyone awareness for the need of foster homes in our community that have the grace, kindness, he or she is familiar with. The need for strong Milwaukee. We also want to dispel the myths and ability to help us carry out our mission. foster homes is critical to the well being of that come from the lack of knowledge and Children’s Service Society of Wisconsin our community. understanding. Public child welfare agencies would like to partner with your organization. do not intend to break up families. They We believe that with your assistance, we can Foster parents are often called “parents work to ensure that children who are victims provide a better future for our community’s plus” because in addition to providing the of abuse or neglect are protected from further children and families. food, shelter, care, and love a good parent harm, whether they remain in their homes would provide for their own kids, they or are placed in out-of-home care. Keeping Children’s Service Society of Wisconsin, a also deal with the special circumstances children safe is the overriding goal. member of Children’s Hospital and Health of a foster child. Foster children may have System, is the state’s largest private, not- special psychological needs. Many come We ask that you help us recruit more foster for-profit provider of child welfare services. from abusive environments, and all children homes. Can you tell your neighbors about Children’s Service Society of Wisconsin has removed from their biological families deal the need? Can you display information at a 120-year history working with families to with the stress of being away. Nonetheless, your business? Will you allow us to conduct find loving, stable homes for children in need foster parents understand their work is a lunch-and-learn for your employees? Do of a family through foster care and adoption. critical to a family and willingly take on the you know someone who would make a good For more information about becoming a challenge. foster parent? If so, consider referring them. foster parent, please call (414) 264-KIDS. June 14 Save the Dates! 153rd Annual Meeting May 1 August 3 Law Day MBA Foundation Golf Outing May 6 October 12 Memorial Service State of the Court Luncheon

Messenger 15 Send in the Clowns: Sales Tax and the Ice Cream Cake Attorney Douglas H. Frazer, DeWitt Ross & Stevens

The birthday party was a The retailer’s sales of bakery items; Example 2 – Same as Example 1, except bust. True, it had been a • Two or more food ingredients mixed or that the retailer does not make the ice cream dream. But it unfolded, • combined by the retailer for sale as a cake. Instead, Restaurant A purchases the ice magically, like a Rocky single item if the retailer’s primary North cream cake already made and decorated from and Bullwinkle show American Industry Classification System its supplier and the ice cream cake contains rewritten as a horror code (NAICS code) is manufacturing four or more servings. Restaurant A sells movie, understood by the under subsector 311 but not including the ice cream cake to its customer without Douglas H. Frazer six-year-old partygoers bakeries and tortilla manufacturers under physically giving or handing a napkin or on one level and their parents on another. It industry group number 3118; other utensil to the customer. The ice cream was equally frightening to both. • Two or more food ingredients mixed or cake is not “prepared food” and Restaurant combined by the retailer for sale as a A’s sale of the ice cream cake is not subject The trouble started when Megan, the birthday single item and sold unheated by weight to Wisconsin sales or use tax. girl, was passing out the goody bags. The or volume; clowns, having completed their portion of Items that are only sliced, repackaged, or Example 3 – Same as Example 1, except the program, revealed themselves to Megan’s • pasteurized by the retailer; or that the retailer does not make the ice cream parents and the manager of the party space as Eggs, meat, fish, poultry, or any food item cake. Instead, Restaurant A purchases the Wisconsin Department of Revenue special • containing them in raw form that requires ice cream cake already made and decorated agents. The object of the operation: the ice cooking by the consumer. from its supplier. Restaurant A sells a single cream cake. The cake as a whole or each serving of the ice cream cake to its customer. slice separately, stated clown 1, was taxable. Generally, if a person mixes ice cream and Napkins and other utensils are made available The party invoice, stated clown 2, reflected one or more other food items to form an ice to customer for self-service. Restaurant A’s no sales tax charged. cream cake or ice cream bar, the retail sale sale of the single serving of ice cream cake of the ice cream cake or bar is taxable as a is a sale of “prepared food” and is subject to The clowns led the adults away. Lawyers sale of prepared food. If the ice cream cake Wisconsin sales or use tax. were brought in. The clowns, it turned out, or bar is prepared by someone other than the were right. Or were they? It depended, said retailer, it is not taxable unless it meets one of Note: This presumes that the restaurant’s the lawyers, on how the cake was prepared or the other prepared food definition categories sales of prepared food are more than 75% of whether the venue had offered the children (e.g., furnished with utensils). its total sales of food and food ingredients, napkins and plastic spoons. as computed in sec. Tax 11.51(4)(d)2., Wis. Caution: There are additional categories Adm. Code (May 2010 Register). Welcome to the world of streamlined sales of “prepared food” that are also taxable but tax. In an effort to harmonize rules and ease are not addressed in this article. For more Behold, the plot thickens. Example 4 the burden on business, various states have information, go to sec. Tax 11.51, Wis. Adm. involves Restaurant A decorating the cake agreed to common sales tax definitions. The Code (May 2010 Register). with frosting and edible gel (taxable as downside of this program is distinctions so “prepared food”). Example 5 involves refined that birthday parties may become The following examples illustrate the tax Restaurant B preparing ice cream bars by the occasion for drug bust-like enforcement treatment of sale of ice cream cakes and ice covering the ice cream bars in chocolate efforts. cream bars by restaurants. (taxable as “prepared food”). Example 6 involves Restaurant B packaging said bars Is this far-fetched? On November 8, 2010, Example 1 – Restaurant A purchases in boxes of six (taxable as “prepared food”). the Wisconsin Department of Revenue, in a various food ingredients (ice cream, fudge, In Example 7, Restaurant B purchases “let them eat cake” moment, issued a news and cookie bits) to make an ice cream cake. pre-dipped bars but supplies customers with release on the subject (www.revenue.wi.gov/ The ice cream cake is made by Restaurant napkins and utensils (taxable as “prepared taxpro/news/). Permit me to share with you a A starting with a layer of ice cream, placing food”). In Example 8, Restaurant B “taste” of this discussion. a layer of fudge and cookie bits on top of packages the pre-dipped bars in boxes of six the ice cream, and then covering the layer of and sells them without supplying napkins and Sales of Ice Cream Cakes and fudge and cookie bits with another layer of utensils (not taxable as “prepared food”). Similar Items ice cream. Finally, the top of the ice cream Beginning October 1, 2009, whether or not cake may be decorated for a particular special I invite the reader, Megan, Jesuits, and an ice cream cake or similar item is taxable occasion. The price of the cake sold will not scholars of the Talmud, to consider the depends on whether it meets the definition of vary based on weight or volume of the cake. important policy distinctions expressed in “prepared food.” The ice cream cake is “prepared food” and Examples 9 and 10. subject to Wisconsin sales or use tax since it “Prepared food” includes two or more food is a combination of two or more ingredients Example 9 – Restaurant C purchases ingredients mixed or combined by the retailer mixed or combined by the retailer for sale as various food and food ingredients (eggs, for sale as a single item, but not including: a single item. flour, sugar, ice cream, fudge, cookie bits, continued page 21 16 Spring 2011 Non-Competition Law in Wisconsin: Developments Since Star Direct, Inc. v. Dal Pra Eric H. Rumbaugh, Michael, Best & Friedrich

On July 14, 2009, the Wisconsin Supreme cases, courts looked for some off-the- this argument as a sophistic way to imagine Court decided the case of Star Direct, Inc. wall interpretation of an agreement, which some unreasonable outcome. Noting that v. Dal Pra, 2009 WI 76, 319 Wis. 2d 274, would obviously be “unreasonable,” and the dictionary defines “induce” as “to lead 767 N.W.2d 898, the most significant case if that interpretation could be imagined, or move by influence or persuasion,” the in the area of non-competition agreements in would declare the agreement to be invalid. court held that the clause was reasonable and Wisconsin since our non-competition statute In Star Direct, the supreme court instructed enforceable–thereby avoiding precisely the (Wis. Stat. § 103.465) came into being. This that while “it is true that we read restrictive imagining of absurd results from which the article examines two of the most significant covenants in favor of the employee, . . . this supreme court directed courts to refrain. See cases decided in the year and a half following does not mean we make an effort to read a id. at *25-*26. Star Direct. clause unreasonably in order to find the clause unreasonable and unenforceable against the In the short time since Star Direct, indications While there are several significant holdings in employee. Though they are disfavored at law, are that the judicial climate has indeed changed Star Direct, the two most important holdings our task is still to rightly and fairly interpret from overt hostility toward fair interpretation relate to how courts interpret agreements, non-compete agreements as contracts. This of non-competition agreements. This should in general, and severability, in particular. means we must interpret them reasonably so result in more predictable outcomes and Some pre-Star Direct decisions held that if as to avoid absurd results, giving their words should make it easier for businesses to plan one covenant restricting post-employment plain meaning, reading as a whole, and giving and protect their client relationships and activities fails, there is no need to review effect where possible to every provision.” intellectual property. the validity of the other covenants within 2009 WI 76, ¶ 62. the same agreement because the entire agreement fails. In Star Direct, the supreme In Duggan v. Jarosch Insurance Agency, Inc., Volunteers needed court rejected this line of cases and held that 2010 U.S. Dist. LEXIS 30691 (E.D.Wis. for the MBA’s Lawyer there can be multiple covenants covered by Mar. 30, 2010), the clause in question barred § 103.465 within a single agreement, and employees from “any conduct which would Hotline (2nd and 4th the failure of one covenant does not affect induce the policyholder” to replace insurance Wed. of the month the enforceability of other covenants unless coverage. The employee argued that the the covenants are “textually intertwined.” word “induce” was unreasonable because it from 5-7 p.m. at the The test for severability is “whether, if the would prohibit the agent from discussing the MBA). You provide unreasonable portion is stricken, the other reasons the agent terminated his relationship provision or provisions may be understood with an insurance company; such statements legal information and independently enforced.” 2009 WI might indirectly “induce a policyholder” to to the public and we 76, ¶ 78. obtain insurance quotes from some other company. The court, citing Star Direct, saw provide dinner! The most instructive post-Star Direct case on this topic is Metso Minerals Industries, Inc. v. FLSmidth-Excel, LLC, 2010 U.S. Dist. LEXIS 44964 (E.D.Wis. May 7, 2010). In Metso, the court was required to determine whether four sentences in a single paragraph were separate “covenants” and, if so, whether the covenants were severable under Star Direct. The court held that the four sentences were, in fact, separate covenants. The court found the second of the four sentences unreasonable, but the remaining sentences were still “easily understood and independently enforceable” even if the second sentence was deleted. Id. at *23-*24. This is a very expansive reading of “severability” under Star Direct, and if followed by other courts, will augment the significance of Star Direct.

Star Direct also changed how courts read agreements in the first place. Before Star Direct, non-competition litigation had devolved to “gotcha” status. In many

Messenger 17 MBA Memorial Service

The MBA will host its annual Memorial Service on Friday, May 6, at 10:45 a.m. in Room 500 of the Milwaukee County Courthouse. Chief Judge Jeffrey A. Kremers will preside. Below is a list of attorneys and judges who will be honored at the service. If you know of others who should be included on the list, please contact Katy Borowski at 414-276- 5933 or [email protected].

Donna Marie Arendt John T. McCann

Paul Binzak John E. McCormick

Norman L. Boebel Paul F. Meissner

Catherine Blanchard Cleary Jane M.R. Mulcahy

William J. Connell James J. O’Donnell

John Howard Douglas Alan Olshan

Katherine M. Drewek James P. O’Neill

Phil Elliott Don S. Peterson

Santo J. Ferris Edmund W. “Ned” Powell

Robert J. Finnegan Charles B. Randall

Keith Paul Haberman Thomas Regan

Margaret E. “Peggy” Haggerty Michael David Resnick

William R. “Bill” Hatcher Richard J. Solomon

Lloyd Wilson Herrold James Alan Urdan

Ralph J. Huiras Shelia Ruth Wasserman

David Vincent Jennings, Jr. Michael R. Wherry

John A. Keck Stephen C. Wood

William Joseph Kiernan, Jr. 18 Spring 2011 Redesigned Milwaukee Family Court Mediation Program Is Up and Running Smoothly Judge Michael Dwyer, Commissioner Michael Bruch, and Deputy Commissioner Sandra Grady

Mediation of custody and placement disputes appeared for the evaluation session. these measures, we are confident that the has been mandatory in family court since quality of our mediators will remain high. 1987, but in Milwaukee County mediation In addition, mediation can be initiated by has not lived up to its potential. The number self-referral or by agreement. Where the Education of participants of cases referred to mediation has generally parties have already agreed to participate Improving the users’ understanding of been about 700 cases per year, but in less in mediation and mediation is not deemed mediation is perhaps the biggest challenge, than 40% of those cases was mediation dangerous or a hardship by the referring especially among the self-represented. We even attempted. Most couples either did not judicial officer, the parties can be referred have begun the education process by giving appear for mediation evaluation or declined directly to mediation. Under these to all parties, at the time they file, a one-page to participate in mediation. As a result, circumstances, fees are established and a description of mediation and its importance in Judge Michael Dwyer, Presiding Judge of deadline given for payment of the fee. Upon the system. We have also developed a detailed the Family Division, convened a committee receipt of payment, mediation is scheduled. In brochure about the mediation process. This to review and improve Milwaukee County the case of self-referral, a party (or attorney) brochure is given to parties when mediation mediation procedures in 2009. The review can send a request for mediation to the or evaluation is ordered. While we know the revealed that the program had three major Family Court Mediation Services (FCMS). process of educating the community about problems: (1) people were not attending The request must state with specificity the the advantages of mediation will not be an the group orientation sessions (or were issues sought to be mediated. Upon receipt easy or short one, we are confident we have not attending together), (2) people did not of the request, and if mediation is not made a good start. recognize the benefits of mediation, and (3) deemed dangerous or a hardship, an order for the program was perceived by many within mediation evaluation will issue. The benefit The new system started September 1, 2010. the legal community as a perfunctory “hoop” of either of these methods is the ability to As mentioned, in the first four months we to jump through before getting to litigation. move more quickly into mediation, in some have seen 80% attendance at initial sessions. With the input of lawyers, mediators, and cases even before a new motion is filed in And of the couples agreeing to mediate, representatives from Marquette University an existing family court action. (A “new 60% have reached agreements. We have and the University of Wisconsin – Milwaukee, motion” is the document used to schedule met or even exceeded our initial goals. We the entire program has been redesigned. a hearing in a case. Parties can request look forward to continued improvement mediation in an existing case (for example, in the program, and welcome your input The redesign has three goals: (1) to improve one where they are already divorced but are or questions. the mediation referral process, (2) to ensure having problems with periods of placement) the quality of the mediations, and (3) to before filing a request for a hearing on better educate participants about the value of changing or enforcing the existing orders.) It mediation. is hoped that use of these two methods will Volunteers increase over time. The mediation referral process Needed The most common way to commence Quality of mediations mediation is by court order after a hearing. We believe that we have an outstanding The mediation statute (§ 767.405) mandates group of mediators, but the program’s 2011 Law Day an initial mediation evaluation session, and success depends on users who have requires that it be attended by both parties confidence in the mediators. A number of and conducted without charge to them. The steps have been taken to ensure mediator Fox 6 phonebank and webchat purpose of this session is to screen the case for quality. In addition to the statutorily- Friday, April 29 (evening dangerousness (usually related to domestic mandated 25 hours of family mediation violence) or hardship, either of which would training, all mediators are required to attend shifts), and Saturday, April 30 prevent mediation, and to obtain the parties’ a mediation orientation presentation, attend consent to mediate. Previously this was done annual mediation training offered by FCMS, from 10:30 a.m.-2:30 p.m. at in large group sessions, but under the new actively participate in a peer consultation libraries across Milwaukee program the parties meet first individually program consisting of facilitated group and then as a couple with a mediator in Room discussions on best practices in mediation 707 of the Courthouse to discuss mediation. and sharing experiences and techniques, Contact Britt Wegner at This change has resulted in a dramatic agree to observations by mediation students [email protected] improvement in attendance. In the first four and others, participate in user surveys after to sign up or months after the changes were implemented, each mediation, and reapply annually. With 80% of the couples referred for mediation for more information. Messenger 19 The Wing Tipped Contessa The Anonymous Wing Tipped Contessa Stuck in Neutral Motor Bar and Restaurant ribs and pulled pork, mac and cheese, and 401 West Canal Street pan-roasted tilapia. Nothing unusual in the preparations; they were all, shall we say, was Every once in a while the Contessa likes traditional. Apparently bikers don’t want just a pile to get her motor running. She likes to head too much creativity interfering with a time- of shredded out on the highway. She’s looking for ad- tested recipe. chicken breast venture. Oh, who am I kidding? I’m usually clumped together looking for a handful of Xanax and a sugar I opted for the turkey burger with cranberry- at the front of daddy. But the other afternoon, I found my apricot chutney, brie, and a rosemary-spiced the plate, as if placed there by some cook’s mind wandering to thoughts of riding a Fat- aioli. Now I know I just said that most of the meaty fist. Ironically, far from being a tri- boy in Sturgis, and instantly the Contessa’s preparations were not terribly innovative. umph, the salad was more of a Triumph than starched-and-buttoned-up demeanor gave Don’t let this single item fool you about the a Harley—it needed more work. way to her full biker chick alter ego. It was rest of the menu – this was by far the most in- just like the early 70’s when I used to wake teresting and creative offering we saw. Side All in all, we had no strong reaction to Motor up each afternoon to Steppenwolf pounding Car went with the HD Veggie Salad with one way or t’other. It’s nice enough, but the in my head—not the music; John Kay inex- chicken (which in any real biker bar would food is probably a little ordinary for a special plicably attempting to crush my skull. Weird, have gotten him a complimentary ticket for business lunch. Motor is probably best be- I know. Anyway, it was right then and there I one to a boot party). The turkey burger was ing just what it wants to be: a place everyone had to motor to Motor. sinful, the brie was a creamy dream, and the feels comfortable having a drink and burger blood-red chutney induced an acid flashback after visiting the Harley museum. You can’t For those who don’t know, Motor Bar and that the Contessa never wanted to snap out of. fault Motor for that, but the Contessa will Restaurant is part of the Harley-Davidson The salad was comprised of various chopped probably not be back. Alas, she is hanging Museum complex at 6th Street and Canal lettuces, kalamata olives, red onion, roasted up her leathers, fully aware that this means Street. The Contessa must admit she wasn’t red pepper, and garbanzo beans in vinai- now the only way she’ll be able to stick it to sure this was such a great idea. Bikers are grette. It was tasty, but nothing distinguished Bob Barker is by not having her rottweiler not known for their culinary skills. The Con- it from any of the thousands of other salads neutered. tessa was a full-patch member of the Mon- you’ve had. Strangely, the add-on chicken gols for a couple of years, and the only thing she learned to cook—well, wasn’t food but may have required a spoon. But after throw- ing caution to the wind and bourbon to the EDWBA Annual Meeting tonsils, the Contessa was ready to get her soft tail on her Softail. The Eastern District of Wisconsin Bar the Daubert standard, while the criminal Association’s Ninth Annual Meeting and breakout will feature a discussion of the The Contessa always wears as much leather Presentation will take place on Thursday, federal post-conviction remedies under 28 as possible since her ill-fated tryst with Bob April 7, at the Milwaukee Athletic Club. This U.S.C. §§ 2254 and 2255. Barker, and for this excursion she adorned year’s meeting promises to be rewarding for herself from head to toe in leather and picked all attendees. The luncheon program will feature a up her trusty second chair (n/k/a Side Car) presentation by Judge Diane P. Wood of the for a leisurely lunch full of beer swillin’, hell The EDWBA’s Annual Meeting is the Seventh Circuit Court of Appeals. Following raisin’, and tattoo gettin’. Imagine the Con- highlight of organization’s year. At the her remarks, the program will conclude with tessa’s surprise when we walked into Motor Annual Meeting, the EDWBA strives to awards. The award recipients include: Nathan Bar and Restaurant (the Contessa loves a offer several exceptional programs for civil, A. Fishbach, recipient of the Judge Myron company that has its priorities straight) and bankruptcy, and criminal practitioners alike. L. Gordon Lifetime Achievement Award; discovered the minimalistic but nevertheless The program will begin with a general session Thomas G. Wilmouth, recipient of the Judge upscale décor, the largely professional cli- discussion about the mortgage meltdown— Robert W. Warren Public Service Award; entele, and the suitably showered wait staff. how it happened, current efforts to stop the Judge Susan V. Kelley, recipient of the Judge This was more Hell’s Kitchen than Hell’s foreclosure crisis, and where we go from Dale E. Ihlenfeldt Bankruptcy Award; and L. Angels. here. The panel will feature prominent William Staudenmaier, recipient of the Judge members of the bench and bar, a renowned John W. Reynolds Community Building The menu tends toward typical bar and ca- economist, and political leaders. Award. sual restaurant fare: burgers, salads, chicken sandwiches, and the now ubiquitous sliders. The Annual Meeting program will then offer For more information and to register for the There are, however, a couple of more in- breakout sessions on timely and relevant EDWBA Annual Meeting, please contact teresting options: a selection of flat breads, civil and criminal topics. Discussion during Katy Borowski at 414-276-5933. the civil breakout session will focus on 20 Spring 2011 Pro Bono Corner: Sojourner Family Peace Center The Pro Bono Corner is a regular feature Volunteer assistance, including work by pro workshops and individual mentoring spotlighting organizations throughout bono attorneys, is an integral part of SFPC’s opportunities include topics such as the Milwaukee area that need pro bono mission. In particular, SFPC has collaborated budgeting, resume writing, business planning, attorneys. More organizations looking for for many years with Legal Action of health and wellness, civic participation, and attorney volunteers are listed in the MBA’s Wisconsin, Inc., and attorneys who wish parenting. Pro Bono Opportunities Guide, at www. to provide direct pro bono representation milwbar.org. to SFPC’s clients can do so through Legal Finally, SFPC welcomes volunteers who are Action’s Volunteer Lawyers Project (VLP). interested in serving on committees, working Sojourner Family Peace Center Last year, VLP attorneys contributed over events, and assisting with fundraising activities throughout the year. Contact: Liz Marquardt 465 hours to cases involving SFPC clients, handling nearly 30% of Legal Action’s Office: Sojourner Family Peace Center SFPC-related cases, according to Pat Risser, “Volunteers play an important role in our Advocacy and Administration VLP’s Director. ability to help move families out of the 1400 North 6th Street violence they are experiencing and onto the Milwaukee, WI 53212 “The partnership between Sojourner Family path of safe and healthy living,” said SFPC’s Marquardt. “By volunteering, you are Phone: 414-276-1911 Peace Center and Legal Action of Wisconsin means that many survivors of domestic abuse sending a message that this community cares Fax: 414-276-5001 can benefit from representation in injunction about domestic violence and the survival of Email: [email protected] hearings and a variety of family law and those involved.” Website: www.familypeacecenter.org other matters,” noted Risser. The greatest need for pro bono attorneys is in divorce and Clowns continued from p. 16 custody cases. The Sojourner Family Peace Center (SFPC) etc.) to make cakes with an ice cream layer. Restaurant C makes a layer of cake using the was created in 2009 through the merger SFPC and VLP are especially interested of two trusted community resources— eggs, flour, sugar, etc. Once the cake layers in working with groups of lawyers from are baked and cooled, Restaurant C covers Sojourner Truth House and the Task Force on firms, committees, and other organizations Family Violence of Milwaukee. According one of the cake layers with a layer of fudge to represent clients, and they work together and cookie bits. Restaurant C then places to Liz Marquardt, SFPC’s Director of Victim to provide training to both groups and Education and Strategic Initiatives, the new another cake layer over the fudge and cookie individual volunteers. There currently are bits and covers the second cake layer with organization’s mission is to create peaceful injunction representation projects run by communities in which domestic respect and a layer of ice cream. Restaurant C decorates Quarles & Brady, Reinhart Boerner Van the top of the cake according to instructions a life free from violence is the right of every Deuren, and Whyte Hirschboeck Dudek. woman, man, and child. SFPC’s primary provided by its customer. This cake is Each of these law firms has teams of lawyers primarily a bakery item, which is excluded goals are to ensure the safety of victims of who take injunction cases at regularly family violence, and provide a pathway out of from the definition of “prepared food” and scheduled intervals. SFPC benefits from not subject to Wisconsin sales or use tax. violence for families, through opportunities other group projects, as well. For example, in to make positive and lasting changes. addition to its other pro bono contributions, Example 10 – Restaurant D purchases Quarles & Brady attorneys and non-attorney The combination of the two longstanding various food and food ingredients (eggs, staff handle the restraining order clinic as agencies resulted in the largest domestic flour, sugar, ice cream, fudge, cookie bits, volunteer advocates two times per month, violence service agency in Wisconsin. etc.) to make a layered ice cream cake. providing relief to SFPC advocates so that Typically, SFPC houses nearly 600 women Restaurant D makes a layer of cake using the they can have team meetings, attend training, and children in its emergency crisis shelter eggs, flour, sugar, etc. Once the cake layer and focus on administrative duties. in any given year, with an average stay of is baked and cooled, Restaurant D places the cake layer between two layers of ice cream. about 21 days. The courthouse advocacy In addition to pro bono legal work, SFPC Restaurant D decorates the top of the cake program, which assists men, women, and welcomes attorney and non-attorney according to instructions provided by its transgendered people with safety planning volunteers in a myriad of other capacities. customer. This cake is “prepared food” and and restraining orders, serves well over These include crisis support work on the subject to Wisconsin sales or use tax since 5,000 people each year. Hundreds of men Crisis Hotline and at the shelter, efforts Restaurant D mixed or combined 2 or more and women successfully complete Beyond in confidential advocacy programs at the ingredients to make the cake. The ice cream Abuse, SFPC’s batterers intervention District Attorney’s Office and Milwaukee cake is not primarily a bakery item. program, while hundreds more women and Police Department district stations, case children receive the benefits of child care, management and support group programs This is what our tax policymakers have educational help, life skills programming, for adults and children, and administrative inflicted on us. A manual for the taxation and group support sessions. The 24-hour support and child care. SFPC’s Children’s of ice cream cake: acceptable to all and Domestic Violence Hotline responds to over Program needs volunteers to help children understandable to none. It is truly policy as 15,000 calls annually. with their schoolwork, and its Life Skills parable. God (not defined by the Department program uses volunteers to teach specific of Revenue) help us. topics to groups and individuals. These Messenger 21 Beyond Civility continued from p. 14 • Never deliberately provokes or aggravates CLE Calendar continued from p. 10 an opposing counsel or party Fee Schedule for the prompt, efficient, and fair resolution 1.0 CLE Credit Seminars of disputes. • To the full extent authorized by his/her W/Lunch W/O Lunch client, is always willing to discuss the MBA member $45 $35 The second question, of more recent vintage merits of a case in a frank, down-to-earth Non-member $60 $50 but equally important, is: what is the best manner Support staff $45 $35 way for practitioners to help the judicial system in this era of severe budget crisis? We • Actively seeks to resolve disputes as soon Fee Schedule for suggest that the most important way lawyers as reasonably possible 3.0 and 3.5 CLE Credit Seminars can assist the courts is to discourage and to W/Lunch W/O Lunch decline to participate in abuse of the legal • Never drags his/her feet MBA member $115 $105 system. Non-member $139 $129 • Never does anything with the motivation Support staff $115 $105 of increasing his/her time-based fee To be sure, it is sometimes difficult to draw Fee Schedule for the line between zealous advocacy and the • Never indulges a client’s motivation to use 7.0 CLE Credit Seminars abuse described here, but it is a line that the legal system as an economic weapon, Including Continental Breakfast can be drawn, and as lawyers we have a for unjust or petty purposes, as a means of and Lunch professional obligation to draw it. Moreover, delay, or for any other abusive purpose MBA member $115 because everyone has the right of access to Non-member $139 the legal system regardless of motivation (or • Uses the legal system to discover the truth, Support staff $115 the motivation of his or her counsel), this is obtain justice, and resolve disputes, never an issue of professionalism largely beyond for any abusive purpose the reach of the ethics code.1 Courts should consider promulgating a code We need to promote the image of lawyers not of conduct similar to their civility codes but so much as aggressive combatants or clever that goes beyond a mere commitment to act tacticians, but more as practical problem civilly toward others. Such a code should solvers whose advice and approach are extract a commitment to uphold the integrity always in the best interests of their clients of the legal system by being a straight and the legal system. In short, all lawyers shooter—i.e., by living up to the foregoing should strive and we should encourage them standards. This, of course, covers conduct to be straight shooters. both inside and outside the courtroom. In addition, we should consider instituting a Here are the suggested criteria a lawyer must “Straight Shooter of the Year” award. Classifieds satisfy to qualify as a straight shooter: Positions Available: Attorney—Milwaukee; The abuse that frustrates and unnecessarily established Milwaukee firm located on the • Responds promptly to communications complicates the resolution of disputes is the East Side representing clients with a great from opposing counsel that call for a core problem facing our legal system. While variety of legal problems for generations wants response confronting it is an ambitious undertaking, it to add an attorney with some existing clientele is a task we should embrace. to expand firm’s practice. Arrangement • Never deliberately misrepresents, flexible. Contact John Germanotta at john@ misleads, fudges, or obscures 1Sometimes the “heart” of a legal dispute is a “non- zgkclaw.com or (414) 272-2295. merits” legal issue such as a statute of limitations, • Never says he/she doesn’t know when he/ exhaustion of remedies, or personal jurisdiction. Historic Third Ward: 2,900 square foot she does Vindicating a client’s rights in a case involving such Attorney Suite. Recent build out: reception issues in a straightforward manner promotes rather than denigrates the integrity of the legal system. In addition, area, kitchen copy room, 4 principal offices, • Never says he/she is unavailable when he/ the abuse problem must be analyzed with special 4 paralegal offices, 2 conference rooms, she is caution in the case of the criminal defense bar, where 2 file rooms. 5th floor, northern exposure, the transparent motivation is to preserve the client’s hardwood floors, handicap accessible, • Never hems, never haws personal liberty. In that unique context, our society basement storage available. (414) 271-8855 tolerates and expects the erection of any available legal www.phoenixbuilding.net • Never clutters communication with roadblock serving that purpose. irrelevant detail The Down Syndrome Association of Looking for plaintiff-side employment Wisconsin (DSAW) is looking for leaders in • Never overcomplicates or oversimplifies law attorneys that have 5+ years its organization at the Board, committee and experience in FMLA/FLSA cases to general volunteer levels. More about DSAW • Never pontificates join the MBA’s LRIS new ABA DOL can be found at www.dsaw.org. Please let panel and receive referrals directly DSAW know if you (or just as importantly, • Never puffs out his/her chest through the Department of Labor. someone you know) might be interested Please contact Britt Wegner at in playing a role in the organization. • Never makes idle threats or boasts [email protected] Please direct all inquiries to Tom O’Day at for more information. [email protected].

22 Spring 2011 MBA Judicial Poll — 2011 Qualified Not No Qualified Opinion Wisconsin Supreme Court JoAnne F. Kloppenburg 112 47 230 David T. Prosser, Jr. 296 46 75 Marla Stephens 145 44 212 Joel Winnig 45 72 274

Milwaukee County Circuit Court — Branch 1 Maxine A. White 317 51 55

Milwaukee County Circuit Court — Branch 9 Paul Van Grunsven 231 8 161

Milwaukee County Circuit Court — Branch 10 Timothy G. Dugan 377 13 43

Milwaukee County Circuit Court — Branch 13 Mary Triggiano 274 5 125

Milwaukee County Circuit Court — Branch 18 Pedro Colón 168 119 136 Roy Korte 128 32 238 Christopher R. Lipscomb, Sr. 113 36 243

Milwaukee County Circuit Court — Branch 19 Dennis R. Cimpl 306 16 92

Milwaukee County Circuit Court — Branch 33 Carl Ashley 301 7 91

Milwaukee County Circuit Court — Branch 35 Frederick C. Rosa 229 8 172

Milwaukee County Circuit Court — Branch 36 Jeffrey A. Kremers 361 17 46

Milwaukee County Circuit Court — Branch 47 John Siefert 120 196 101 MBA Renews Lease and Remodels Space The Milwaukee Bar Association recently Britt Wegner, the MBA’s Lawyer Referral be more efficient if attendees are not worrying renewed its lease and, in the process, and Information Service Director. She also that their chair or table will collapse on negotiated a substantial landlord subsidy noted with approval that the remodeling will them,” he opined. While Jim’s statement is for remodeling its space. The lease renewal rid the MBA’s office of all brass. somewhat tongue-in-cheek, in point of fact it followed a thorough investigation of was time for an upgrade. alternatives in the market. Exterior remodeling, including a new awning and doors, will be completed at a The interior remodeling has already begun. later date. Also included in the project are It features new carpeting in the entire office, key equipment upgrades to improve office new carpeting and rails on those cardio- efficiency. challenging stairs, new tables and chairs in the Marshall Room (where most CLE MBA Executive Director Jim Temmer stated presentations and large meetings are held), that the remodeling—particularly the new new blinds in that room, and new chairs in tables and chairs in the Marshall Room the board room. “No more ‘Price is Right’ (pictured here)—will make the space more curtains in the Marshall Room,” quipped member-friendly. “Meetings and CLEs will Messenger 23 24 Spring 2011