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Vol 23 No 1 HIGHLIGHTS Winter 4 eFiling rule petition 18 Elderly guardianship initiative 2015 7 Parent Representation Forum 20 Prison demographics 8 Legislative Council proposals 25 Barron County ride-along

Judicial races, referendum on April 7 ballot n April 7, voters will decide Bradley and Chief James P. significant questions related to Daley, Rock County Circuit , Othe , including who will win compete for a 10-year term on the terms on the Wisconsin Supreme Supreme Court. Bradley has served Court and Court of Appeals, and on the Supreme Court since first how the chief is to be being elected in 1995. She was selected. There are also competitive reelected in 2005. Daley has served races for 14 circuit court judgeships on the Rock County Circuit Court in 12 counties, and many since first being appointed in 1989. from around the state are running He was elected in 1990 and re-

a publication of the Wisconsin unopposed. elected four times, most recently in 2014. Wisconsin Supreme Court Justice Ann Walsh Chief Judge James P. see Election on page 11 Supreme Court Justice Ann Walsh Bradley Daley Court budget now in hands of By Bill Walker, Budget and Policy Director n Feb. 3, Gov. Scott Walker released his 2013-15 towards eFiling and an additional staff attorney for the Court biennial budget plan, which was introduced in identical of Appeals. With one exception, the court system’s funding formO in the Legislature as Senate Bill 21 and Assembly Bill proposals were not included in the governor’s budget. 21. The budget bill includes a variety of changes to the The court’s request for $2.1 million in one-time funds to Supreme Court’s budget request that was submitted in implement eFiling in all case types statewide was denied. October 2014, as well as several new provisions that would However, the bill would provide some new revenue for the affect the court system. circuit court automation program (CCAP) by removing Chief Justice Shirley S. Abrahamson testified about some certain exemptions from existing fees and surcharges on of the proposed changes before the Legislature’s Joint certain types of violations. The change would provide an Committee on Finance on March 2. The committee is now estimated $750,000 per year in revenue available for CCAP, developing its version of the budget to be considered by the including the eFiling project if pursued. Legislature. The budget bill also includes a first step toward improving The Supreme Court had requested new funding in several judicial salaries – the establishment of a Judicial areas of need. These requests included bringing judicial Compensation Commission. Every two years, the salaries in line with peer states, increasing county funding commission would make salary recommendations to the for supporting circuit courts, funding to speed progress see Budget on page 24 Grant supports -based practices By Tommy Gubbin, Office of Court Operations isconsin has been selected to advance to Phase V of the National Institute of WCorrections’ Evidence Based Decision Making Initiative. Indiana and Virginia were also selected for the technical assistance grant program, which is aimed at expanding Evidence Based Decision Making efforts

The Third Branch statewide, based on groundwork in pilot counties. Official notice of the grant was provided in a Feb. 25 letter from Jim Cosby, director of the National Institute of Corrections. “We commend Wisconsin for the foundational work that has prepared your state Former Wisconsin court reporter Edward Johnson makes the official transcript and local teams to undertake this important in the U.S. House of Representatives during President Obama’s State of the see EBDM on page 10 www.wicourts.gov Union Address on Jan. 20. See story on page 2. 2

Winter RETIREMENT 2015 Judge John C. Albert he released following his order. “Civil disobedience is

THE THIRD BRANCH always a citizen’s option but understandably brings Dane County Circuit Court consequences to those exercising that right.” Dane County Circuit Court Judge Albert was first appointed in 1999 by then-Gov. Tommy John C. Albert distinctly remembers Thompson. He had previously worked in private practice the morning in 2011 when District and served as a staff attorney for the Legal Service Center Court Administrator Gail of Dane County. He is a graduate of UW-Madison and UW Richardson walked into his office School. with a grin on her face and asked Albert has served on the National Conference of State him, “What are you going to do?” Judges and the Subcommittee on Juror Selection and Richardson was referring to the Treatment. He also partnered with three human service standoff in the Capitol building agencies to receive a federal grant to develop and support a between protesters and Department see Retirements on page 3 of Administration (DOA) officials over their continued presence in the Editor’s note: This edition of The Third Branch includes building, including some who Judge John C. Albert articles on the retirements of Dane County Circuit Court camped out overnight and refused Judge John C. Albert; St. Croix County Circuit Court Judge to leave. Howard W. Cameron; Waukesha County Circuit Court Judge After DOA issued a new policy about access to the J. Mac Davis; Deputy Chief Judge Michael W. Hoover, building, the dispute landed in Albert’s Branch 3 courtroom. District III Court of Appeals; and Sauk County Circuit Court The case, involving Capitol protests over Judge Patrick J. Taggart. Milwaukee County Circuit Court known as Act 10, became one of the most high-profile cases Judge Bonnie L. Gordon retired in December after 20 years Albert presided over during his 26 years on the . He on the bench. plans to retire in April. Upcoming editions will feature retirement articles on After hearing three days of testimony, Albert issued an Adams County Circuit Court Judge Charles A. Pollex, order allowing protesters in the building during normal Columbia County Circuit Court Judge Daniel S. George, hours, but prohibiting them from staying after hours and Lafayette County Circuit Court Judge William D. Johnston, overnight. Racine County Circuit Court Judge Wayne J. Marik, Rock “My intent is to facilitate the reopening of the Capitol County Circuit Court Judge Kenneth W. Forbeck, Sawyer consistent with the free assembly and free speech provisions County Circuit Court Judge Gerald L. Wright, Sheboygan of the Wisconsin as well as the parallel County Circuit Court Judge Terence T. Bourke, and provisions of the U.S. Constitution,” Albert wrote in a letter Waukesha County Circuit Court Judge James R. Kieffer. Former Wisconsin court reporter takes skills to D.C., makes record for State of the Union dward “Ed” Johnson spent 26 years working as a court After graduating from Madison Area Technical College in reporter in the Wisconsin court system, where he made 1980, Johnson freelanced for a year in Milwaukee, then transcriptsE of just about every type of circuit court began his career with the Wisconsin court system, first in proceeding imaginable. Marinette County Circuit Court, with Judge William M. So, it was no wonder Johnson found himself a bit star Donovan, and then in Port Washington, with Ozaukee struck on Jan. 20, as he took the official record on the dais County Circuit Court Judges Warren A. Grady and Tom R. of the U.S. House of Representatives during President Wolfgram. Obama’s 2015 State of the Union Address. Johnson is also a former stand-up comedian who has “To report the State of the Union has been a career performed at Milwaukee’s Summerfest and before court- highlight. When asked how I managed to avoid showing related groups. emotion under the circumstances, I have to say it was those In 2003, Johnson received the Wisconsin Court Reporters 26 years of being in court and the practice of being a Association’s Distinguished Service Award. professional – that is until it came to the handshake. Then I Johnson said he really enjoyed being a circuit court could no longer hold back a smile,” Johnson said. reporter but broader opportunity came along when he met Coming from Neillsville, a quintessential small Wisconsin Chief (U.S. House) Reporter Joe Strickland at a court town, to Washington, D.C. to serve as deputy chief reporter reporting association convention. of the House of Representatives, and ultimately reporting “After learning the fascinating details of Hill reporting – the President’s State of the Union Address, has been quite a and about to embark on reporting yet another drunk driving journey, he said. trial – I decided to apply,” Johnson said. Johnson became interested in being a court reporter while “While I miss Wisconsin, the opportunity to be up close tagging along in court with his father, Milt Johnson, who and personal to so many issues facing our country is a was a circuit court reporter for Judge Lowell D. terrific experience. As I like to say, if it is in the news I am Schoengarth, who served first as a Clark County judge and either in the room or it’s going on down the hall,” Johnson then as a circuit court judge for a total of 29 years on the said. n bench. 3

Winter RETIREMENT continued from page 2 2015 supervised visitation center to Dane County for safe Before receiving his law degree, he taught high school for

visitations and exchanges. six years. He said being a judge and being a high school THE THIRD BRANCH Albert, who served as presiding judge for the juvenile teacher each had its own set of joys and challenges, but in division, worked to switch Child in Need of Protection high school the people you are dealing with are in the and/or Services cases from the overloaded district attorney’s process of growing and changing, perhaps creating an office to the corporation ’s office, which he said has additional challenge. done a wonderful job. Cameron said he looks forward to getting outside and He said one of the biggest changes he has witnessed playing this summer. He also plans to travel and continue during his time on the bench is the domestic violence and serving as a deacon at his church in Hudson. He also hopes harassment injunction legislation. to do some reserve work, which will have an added benefit “It has advanced us years in terms of tools to deal with of letting him keep up with those Judicial College these delicate and complicated types of cases,” he said. breakfasts. Albert said he will miss working with pro se divorce clients. He said he enjoyed taking the time to help them Judge J. Mac Davis work through their issues when they couldn’t afford attorneys. Waukesha County Circuit Court “That’s the biggest test of judging,” he said. “It’s easy if Waukesha County Circuit Court Judge J. Mac Davis will you have two family . But you have to do it all for not seek reelection and plans to retire at the end of his term the pro se clients.” on July 31. In his retirement, Albert said he plans to go back to private Davis was first elected to the practice and do some collaborative divorce work. He also circuit court in 1990. In 1996, he hopes to get in some hunting and fishing. stepped down to run for a seat in Congress, but returned to the circuit court when he won election to the Judge Howard W. Cameron Branch 7 bench after the retirement St. Croix County Circuit Court of the late Judge Clair H. Voss in St. Croix County Circuit Court Judge Howard W. 1997. Davis was reelected in 2003 Cameron said he will miss his colleagues, both in his county and 2009. and around the state. He retired March 4. In 2006, Davis was appointed by When Cameron attended his first Judicial College after the Supreme Court to serve as the being elected to the bench in 2008, he and a few other chief judge of the Third Judicial judges began a tradition of going out to breakfast in the District. In 2009, his fellow chief Judge J. Mac Davis mornings. He said over the years, the group has grown, as judges chose him to serve as the the judges meet in the lobby in the morning and head to a “chief of the chiefs,” or chair of the Committee of Chief local restaurant where they push three or four tables Judges. together. Davis is a graduate of UW-Madison and University of “I look upon it as an honor to be a judge,” he said. “I’m Michigan Law School. Prior to taking the bench, he worked amazed I had the opportunity to do this.” in private practice, and from 1983-90 served as a Wisconsin Cameron said he has tried to do a good job while on the state senator. bench, and has done his best to While Davis said he has presided over many interesting meet the challenge of keeping up cases, his proudest moments have not necessarily been in the with new rulings and changes to courtroom. He has served as chair of the Waukesha County the law. He praises the Circuit Coordinating Council (CJCC), which is one Court Automation Programs of the state’s first collaborative justice system teams and will (CCAP) and the judicial dashboard celebrate its 15th anniversary next year. In 2007 the CJCC for helping judges to keep up with worked to establish a Day Report Center to deal with work. He said CCAP’s ability to overcrowding in the county’s Huber facility. In 2011, the keep improving the system has CJCC received a federal grant to create a new drug court been a great thing for judges. program in the county. The increased use of evidence- Over his judicial career, Davis has served on the Judicial based practices in judicial decision Conduct Advisory Committee, the Legislative Committee of making has also been incredibly the Judicial Conference, PPAC, the Waukesha County Judge Howard W. beneficial, Cameron said. Cameron Bench- Liaison Committee, the Wisconsin Trial Judges He said he has enjoyed handling Association board, and as a chair of the 2003 Wisconsin adoptions more than anything. Judicial Conference. In 2008, he was a presidential nominee “Some people are adopting a special needs child, or their for the U.S. District Court. first child after wanting a child for years,” he said. “It really One of the biggest changes Davis said he has observed gives you a great feeling.” during his time in the judicial system is the increase in Cameron has served on the Uniform Bond Committee. He technology. He said the day he took the bench was the first received his bachelor’s and law degrees from UW-Madison, day personal computers were issued to judges. Davis himself and had previously served as a public defender, a child helped move the shift towards technology along when he support attorney in Barron County, and in private practice. see Retirements on page 17 4

Winter 2015 Supreme Court to consider eFiling petition By Jean Bousquet, Chief Information Officer

THE THIRD BRANCH n March 17, the Wisconsin Supreme Court will hold a public hearing on a proposed change to Supreme Court The proposal RulesO related to electronic filing (eFiling) of documents in The mandatory eFiling petition is based on the current the circuit courts. voluntary eFiling rule, with some important If approved in its current form by the Supreme modifications based on user requests and Court, Rule Petition 14-03 would eventually models from other states. require a county-by-county transition from • First, eFiling would be mandatory for all paper case files in the circuit courts to all Wisconsin attorneys, attorneys electronic files, and mandate electronic filing appearing pro hac vice, and for by attorneys and high-volume corporate agents who file 10 or more small claims filers. small claims actions per year Rule Petition 14-03 under Wis. Stat. section was brought forward by 799.06 – typically the Committee of Chief collection agencies, Judges after careful study of hospitals, and property electronic filing in the Wisconsin circuit management firms. eFiling would courts and other state and federal courts. As be voluntary for self-represented litigants. envisioned, and if funding becomes available, the proposal • Second, attorney signatures would be delegated to would be rolled out one county at a time, from 2016 to staff, with the attorney remaining responsible for all 2019. The project would start with the counties most ready documents submitted under his or her name. to move forward. • Third, in order to facilitate eFiling by self-represented The Supreme Court requested one-time funding of $2.1 litigants, small claims complaints would not be required million in the 2015-17 state budget for the eFiling project. to be notarized. However, the governor denied that request. The Legislature • Finally, the filing deadline would be extended from is now considering changes it wants to make to the budget close of business to 11:59 p.m., a feature that is very bill. (See story on front page). popular in other states. The proposed rule was originally paired with a biennial budget proposal that would: provide new equipment to Advantages of eFiling circuit courts; expand and enhance the current eFiling eFiling is part of a continuous movement toward greater system; and provide training for all users, including court automation and efficiencies for the courts, attorneys and staff, judges, court reporters, attorneys, paralegals and legal litigants, and we hope to gain momentum in this direction. secretaries, large-volume filers and individuals who work With eFiling, clerk of court staff time spent on data entry, with self-represented litigants. scanning, moving files, and mailing is greatly reduced. If no state funding is allocated, Consolidated Court Counties see cost savings on paper, supplies, and physical Automation Programs (CCAP) may explore other options to file storage space, and staff time can be better spent on other implement statewide eFiling over time. functions. The eFiling website creates a custom portal for each Current situation attorney with links to all the cases on which the attorney is The Supreme Court has permitted voluntary eFiling in the registered. The list can be sorted by party name, county, circuit courts since 2008. Since then, CCAP has enabled date, type of case, and open or closed status. Each case can eFiling for civil, small claims, and family cases by case type be opened to access the complete court record, all pleadings for counties that want to participate. Each clerk of circuit and correspondence filed with the court, transcripts and court and the circuit court judges determine whether eFiling reports, as well as a calendar feature. is allowed in a particular county. Among other numerous advantages for attorneys: Recently, new case types have been added in some • The ability to access the complete electronic court file counties: Criminal case eFiling has been piloted in Dodge for all of their cases from any Internet-connected device, County, and child support offices in Dodge, Jefferson, even when the courthouse is closed. Racine, Washington, and Winnebago are now using eFiling • The ability to file documents through the court eFiling in paternity cases. website, without having to make copies, pay a courier, However, despite rapid advances in circuit court and law or leave the office. office technology during the last eight years, circuit court • The ability to pay fees online with a credit card or an eFiling has been slow to catch on. Currently, 31 counties electronic check. voluntarily participate in eFiling in at least one case type. • The ability to view and download documents and However, the total number of cases eFiled remains less than orders as soon as they are filed. 1 percent of the total case filings for family, small claims • The ability to delegate access for staff members to and civil cases. receive notices, prepare pleadings, and pay filing fees. In most counties, for most cases, filings still travel by mail With eFiling, the judicial dashboard application also helps and courier, lawyers drag boxes to court, and stacks of paper judges and court commissioners move through crowded are piled in front of the judge and clerk in each courtroom. dockets more efficiently. Judges can quickly access Many clerks of circuit court and registers in see eFiling on page 25 maintain a mix of electronic and paper files. 5

OBITUARIES Winter 2015 Judge Ralph Adam Fine excellence. From 1975-78 he hosted a program called “A Fine Point,” which had included guests such as Nobel THE THIRD BRANCH District I Court of Appeals laureates Elie Wiesel and Milton Friedman. He had appeared District I Court of Appeals Judge Ralph Adam Fine died as a legal analyst on programs like “60 Minutes,” on Dec. 4, 2014 at the age of 73. “Nightline,” “MacNeil/Lehrer NewsHour,” “Both Sides with Fine was first elected to the Court of Appeals in 1988. He Jesse Jackson,” “Crossfire,” and “Larry King Live.” had previously served on the “During his many years of service as a judge he was Milwaukee County Circuit Court, known for his intelligence and work ethic as a judge and an beginning in 1979. author of legal treatises and a true teacher of the law,” Gov. “Judge Ralph Adam Fine will Scott Walker said in a statement. “We honor his memory be sadly missed by his colleagues and recognize his many years of great service to the state as in the Wisconsin court system and we mourn his loss.” by legal professionals thoughout Fine is survived by his wife, Kay, and son, Matthew. the state and country,” Chief Justice Shirley S. Abrahamson said in a statement. “Judge Fine’s Judge Donald G. Gurnoe Jr. experience and understanding of Red Cliff Tribal Court the law were at both the trial and Red Cliff tribal Court Judge Donald G. Gurnoe Jr. passed appellate levels. He will be away on Dec. 29. He was 69. Judge Ralph Adam Fine remembered as a highly regarded Gurnoe was a graduate of the University of North Dakota, legal expert and author, whose books, articles and decisions and served in Vietnam as a U.S. Army medic. He had guide the .” previously worked as the secretary of Minnesota’s Fine graduated from Tufts University and Columbia Law Indian Affairs Inter-Tribal Council before becoming an School. He was an elected member of the American Law associate judge for the tribal court. In 2006 he became the Institute and a recipient of the William J. Brennan Jr. Award tribal court’s chief judge. for his contributions to the teaching of . He “Judge Gurnoe was instrumental with creating open, authored several legal publications, including Fine’s productive and friendly cooperative agreements with the Wisconsin Evidence, The “How-To-Win” Trial Manual, The circuit courts and he had a keen understanding of the “How-To-Win” Appeals Manual, Escape of the Guilty, The importance of the two court systems sharing information Great Drug Deception, and Mary Jane versus Pennsylvania, and working together in areas of policy,” Bayfield County as well as over 20 professional journal articles. He was also Circuit Court Judge John Anderson said. “It should also be a continuing instructor for programs around remembered that Judge Gurnoe arranged for the presentation the country and a lecturer at the George Washington of the Red Cliff Tribal flag to be placed in the Bayfield University National Law Center. County circuit courtroom. That act showed how far we have Before taking the bench, Fine had worked as a reporter for come together as one people with two cultures.” a Milwaukee CBS affiliate from 1974-75, winning two Gurnoe is survived by his daughter and three grandsons. n awards from the Milwaukee Press Club for journalistic

Story of state’s first woman hits stage he story of Lavinia Goodell, the first woman to Supreme Court Chief Justice Shirley S. Abrahamson. In be admitted to practice law before the 2013, readings of the play were held in the Supreme TWisconsin Supreme Court, will play out in Court Hearing Room in the state Capitol and in performances on three stages starting in Janesville. March. The play, Lavinia, will be “I’m very excited, and nervous, of course,” performed at Madison’s Bartell Theater Diamond told the State Bar’s Inside Track in a March 19-21, the Janesville Performing recently published article. “The readings were Arts Center on March 28, and the UW- so wonderful. It’ll be interesting to see what Marathon County Auditorium in Wausau happens when it’s in full production.” on April 11. The Douglas County The play explores the obstacles Goodell had Historical Society Theater will hold a to overcome in order to be admitted. In a reading of the play on May 17 in Superior. decision written by then-Chief Justice Edward The play is sponsored by the Wisconsin G. Ryan, the Supreme Court initially refused to Law Foundation under a grant from the admit her to handle an appeal before them. As a Wisconsin Humanities Council. Wisconsin result, Goodell successfully lobbied the Legislature historical and legal experts will also be at each to pass legislation to end gender-based discrimination, performance for special discussion sessions before and she was admitted to practice before the Court in Lavinia Goodell or after the play. Madison playwright Betty June 1879. Sadly, she died the next year, but her Diamond wrote the play, thanks to a previous efforts helped open the legal profession to women in grant from the Wisconsin Humanities Council to the Wisconsin. n Director of State Courts Office and the Office of Wisconsin 6

Winter LEADERSHIP 2015

THE THIRD BRANCH Feathering our nest: The court’s role in promoting pro bono work By Hon. Richard J. Sankovitz, Milwaukee County Circuit Court t’s one of those sad realities about which courts often lawyers takes a dedicated effort. Pro bono lawyers are not lament but can’t quite seem to solve: the teeming trolling the hallways of federal and county courthouses numbersI of litigants appearing before them who need but hoping to happen upon clients in need. As helpful as the cannot afford counsel. State Bar and other professional organizations have been in Just about every year, the organizing pro bono efforts, they have neither the focused Planning Subcommittee of incentive nor as firm a grasp on the particular contours of the Supreme Court’s the need to handle the problem for the courts. Planning and Policy Experience around the country has taught that in solving Advisory Committee polls this challenge, courts, and particularly judges, are in the judges and court best position to lead the profession to apply its pro bono administrators about the most efforts to the growing problem of unrepresented litigants. pressing problems facing the Thus, in state after state – California, Colorado, Maryland, court, and every year the Michigan, Montana, New Hampshire, Utah, Wyoming, and challenge of self-represented others – judges and court systems are launching programs litigants is at or near the top and making rule changes to enable judges to encourage, Judge Richard J. of the list. Sankovitz recruit and guide the pro bono efforts of the bar. Wisconsin courts have Here are some practical, low-cost, and effective methods made noteworthy in-roads into the problem, for example, courts can employ to foster a pro bono ethic within our by providing forms and other information that guide legal community. laypersons how to seek the court’s assistance, by hosting Judges can participate on bar committees that support and sponsoring self-help centers for litigants (the and organize legal assistance to the unrepresented. Milwaukee Justice Center, built right into the Milwaukee Judicial participation demonstrates to the bar the priority County Courthouse, is one outstanding example), and by that judges and our court system place on their pro bono orienting court procedures and requirements to the abilities contributions. and resources of people without lawyers. Judges can help recruit pro bono volunteers. I But what solutions are there for cases in which self-help participate in Milwaukee in a program loosely dubbed the will not suffice? In which the help a litigant really needs Pro Bono Road Show, which entails traveling from firm to is a lawyer? firm with a team of lawyers who manage lawyer volunteer There are no silver bullet solutions for this problem. But programs and poverty law firms. We meet directly with one partial solution has been to enlist the aid of lawyers, lawyers, particularly with newer associates, to recruit and who owe a duty (see Supreme Court Rule 20:6.1) to inspire them to recommit themselves to pro bono. represent those who cannot afford a lawyer. The Judges can participate in events where pro bono work is willingness of lawyers to represent those in need has now being recognized, to show our support and our become a resource that courts cannot afford to ignore, and appreciation. In Milwaukee, the Milwaukee Bar must foster. Indeed, in helping lawyers understand and Association sponsors a “Pro Bono Cocktail Hour” each fulfill their pro bono responsibilities, courts can help year during National Pro Bono Week (the third week of themselves develop another solution to the challenge of October), during which pro bono work is extolled and self-represented litigants. encouraged and recognized. This year’s Cocktail Hour The potential that might be tapped is significant. There served as the occasion to recognize honorees in the are more than 20,000 lawyers licensed to practice in the Wisconsin Pro Bono Honor Society, a joint project of the state of Wisconsin. For each of them who might be Wisconsin Access to Justice Commission and the State persuaded to provide 50 hours of free or reduced fee Bar. services (the aspirational goal established in the ethics It has become a familiar role for courts to play: leading code), think of how many unrepresented litigants in community initiatives to address the needs of those who eviction cases, or uncontested divorce cases, or post- cannot help themselves. Aiding the cause of pro bono family matters, or injunction proceedings representation presents such an opportunity, with the added involving victims of spousal, child, elder, and other benefit of helping ourselves solve one of our own domestic abuse, or the like, might have competent perennial challenges. n representation. Experience teaches, though, that enlisting pro bono homes sooner, re-entry rates are decreased, and children and decreased, are rates sooner,re-entry homes their to returned are children taken, is action court before assigned is attorney an when often less homes their from removed are children that evidence including proceedings, welfare child in representation legal quality high with added. Dwyer world,” criminal the in unknown roles visitation, and services placement, about advocacy to return for conditions and of issues legal the beyond far parent’sextends the lawyer of role the why explains difference “This said. Dwyer done,” be safely can it as soon as returned be should children removed, are they when and it, requires safety unless families their from removed be not should Children principles: guiding same the lawyer. defense criminal a and case (CHIPS) services or protection of need in child a in parent a representing lawyer a between County.Dane and of Atty. Zion Kim Dwyer,County,J. Milwaukee Michael of Atty.Lehto Duke Judge Court Circuit County Milwaukee proceedings: welfare child in representation parent improving in expertise and experiences their regarding information Wisconsinfrom presented participants the of Three . their in representation parent improve to plans action country,create and the across from stories success about hear representation, parent improve to working in experiences their share to state each from representatives Services. Human & Health of Department U.S. the of division a Minnesota. is ACF and Illinois, Ohio, Michigan, Wisconsin,ACF’s5: Region in states following the from attorneys and professionals, welfare child officers, judicial together brought Bar (ABA), Association the by American sponsored 2014. 12, 11-Dec. on Chicago in Forum Leadership Representation Families’Parent and (ACF) Children for Administration the at attendees F Representation Leadership Forum Leadership Representation Parent at represented well is Wisconsin By Bridget Bauman, CCIPDirector Bauman, Bridget By Studies have shown the importance of providing parents providing of importance the shown have Studies share sides all case CHIPS a in case, criminal a “Unlike differences important some clarified forum the said Dwyer allowed forum The was which event, The Wisconsin were among Wisconsinwere from representatives ifteen Bauman, CCIP director; and Rep. Joan Ballweg (R-Markesan). Ballweg Joan Rep. and CCIP director; Bauman, pictured: Bridget Not Jamieson. Commissioner Anton Court County Henery,Dane and Families Atty.and Children Sarah of Department Dorman, Eve Counsel Corporation Assistant right: row,Atty.to Sullivan-Flock, Donskey,leftFront Atty.County Kerry Bakken Dane Susan and Atty.Lee, Lehto. Devon Duke Counsel Legal Defender StatePublic the of Office Zion, Rogers, Atty.Ron Services Lueck, Atty.Family Aaron and Kim Children of Division of Director Dwyer,County J. Kenosha Michael Atty.Bielski, Judge Don Court Circuit County Milwaukee G.Judge Anthony Court Circuit Milisauskas, County Kenosha right: row,to leftBack Sullivan-Flock, Monroe County; and Zion. Zion. and County; Monroe Sullivan-Flock, Services; Family Atty.and Kerry Children of Division of director County Kenosha Rogers, Ron Milisauskas; County; Lehto; Defender; Atty.Public Monroe Lueck, Aaron State the of Office counsel, legal Lee, Devon Families; Atty.and Henery,Children Sarah of Wisconsin Department Commissioner Jamieson; Court Anton County Dane Dwyer; counsel; corporation assistant County Dane Dorman, Eve County; County; Kenosha Monroe Atty.Bielski, Don CCIPdirector; Bauman, Donskey, Atty.Bakken Susan Bridget (R-Markesan); Ballweg Joan Rep. were conference quickly.more permanency achieve children that and parents unrepresented than successfully more return of conditions their complete said. process,” Milisauskas legal the in parents for representation attorney of importance the understand to cases Milisauskas. Judge G.Court Anthony Circuit County Kenosha said task, important this accomplishing in courts the assisting faster.guardianship) and adoption (including permanency reach removed are who Among those from Wisconsin who attended the attended Wisconsinfrom who those Among parents that proven has representation legal Quality CHIPS over preside who judges for important very is “It in helpful very was that information presented forum The n

THE THIRD BRANCH 2015 Winter 7 8

Winter 2015 Legislative Council proposals advance By Nancy M. Rottier, Legislative Liaison

THE THIRD BRANCH Editor’s note: This is an update to an article on the work of • Clarify that tribes, in addition to counties, may qualify Wisconsin Legislative Council study committees that ran in for TAD grants. the Summer 2014 edition of The Third Branch. • Broaden the scope of the TAD program beyond alcohol and other drug treatment to encompass mental our Legislative Council study committees whose work health treatment and other forms of treatment, provided will directly impact the court system completed their the program is evidence-based and designed to promote Fwork in December 2014, and the resulting proposals are effective criminal justice policies to reduce prosecution advancing through the next steps of the legislative process. and incarceration costs, reduce recidivism, and enhance On Feb. 11, the Joint Legislative Council, made up of 22 justice and public safety. legislative leaders of both houses and both parties, • Require projects to specify whether certain violent overwhelmingly voted to introduce bills prepared by the offenders will be allowed to participate and if so, Study Committee on Problem Solving Courts, Alternatives require victim advocates to be involved in project and Diversions, and by the Study Committee on Adoption oversight. Disruption and Dissolution. • Require the Department of Justice to prepare, or Reports from the other two of the committees, the Study for, a program evaluation every five years, to Committee on Transfer of Structured Settlement Payments be funded from the TAD appropriation. and the Study Committee on the Review of Criminal • Support the creation of and appropriation for the Penalties, will be considered by the Joint Legislative Supreme Court to fund a statewide treatment court Council on March 18. coordinator in the Director of State Courts Office. • Provide express authority for a court to order that a Problem-Solving Courts, Alternatives and Diversions probationer may be confined in detention at the Based on the study committee’s work and probationer’s place of residence as a condition of recommendations, the Joint Legislative Council has probation. introduced Assembly Bills 50, 51 and 52. AB 50 has been referred to the Assembly Committee on Assembly Bill 50 relates to access to ignition interlock Transportation, and AB 51 and 52 have been referred to the device reports and occupational license eligibility periods Assembly Committee on Corrections. All bills would have for participants in certain treatment projects. The bill would: to be adopted by both houses of the Legislature and be • Require the Department of Transportation to signed by the governor before becoming law. promulgate rules to require ignition interlock device providers operating in Wisconsin to provide courts with Adoption Disruption and Dissolution the same installation, service, and other requested The Joint Legislative Council also recommended four reports currently provided to the department and law bills for introduction as developed by the Study Committee enforcement agencies. The rules would also require on Adoption Disruption and Dissolution. providers to notify courts of any tampering violations. Assembly Bill 39 makes two changes to adoption • Authorize a court to order that a person ordered or proceedings. One would extend jurisdiction and venue in sentenced to comply with a treatment court is not an adoption proceeding, in order to allow the matter to be subject to the 45-day minimum waiting period for heard in the county in which a petition for termination of eligibility to obtain an occupational license, which is parental rights to the child was filed or granted. Under otherwise applicable to a person with two or more prior current law, jurisdiction and venue are allowed in the county operating while intoxicated (OWI) convictions or in which the child or proposed adoptive parent resides. The suspensions. The person would still be subject to the 15- other change would require all counties, licensed adoption day minimum waiting period for eligibility to obtain an agencies, and the Bureau of Milwaukee Child Welfare to occupational license. use a standardized qualitative assessment system to Assembly Bill 51 creates a grant program for family or investigate foster care and adoptive homes. The assessment juvenile treatment courts. The grant program would be system would have to be approved by the Department of administered by the Department of Children and Families Children and Families. and make grants available to counties to create programs Assembly Bill 40 revises certain aspects of the pre- that screen, assess, and provide new dispositional adoptive training that is required under current law for first- alternatives for parents whose children have come under the time adoptive parents. Specifically, the bill would require all jurisdiction of the children’s court or for juveniles who have of the following problems related to mental illness or substance abuse. • Twenty-five total hours of pre-adoptive training. Assembly Bill 52 creates a state Criminal Justice • At least six of the hours to be delivered in person, Coordinating Council, amends the current Treatment either individually or in a group. Alternatives and Diversion (TAD) program and makes other • Part of the training to be delivered after the child is changes supportive of problem-solving courts. AB 52 placed with the adoptive parents, and additional training would do the following: to be offered after the adoption order is issued. • Codify the Criminal Justice Coordinating Council • Specific training on the issues of trauma and sexual (CJCC) in the Department of Justice. The current CJCC abuse, in addition to the training on attachment, abuse, was created by and operated under an Executive Order and neglect required under current rules. since 2012. see Committee on page 19 9

Winter Milwaukee Model Court recognized as leader 2015 n 2012, a partnership was established among the including: multi-disciplinary trainings in Milwaukee County

Milwaukee County Children’s Court, the National Council on child safety and trauma; changes to court procedures and THE THIRD BRANCH ofI Juvenile and Family Court Judges (NCJFCJ) and the forms; protocols for communication between the District Wisconsin Children’s Court Improvement Program (CCIP) Attorney’s Office and the agency; parent attorneys to initiate the Milwaukee Model Court Project to improve completing interviews earlier in the case; and appointing outcomes for children and families. This initiative evaluates attorneys for alleged fathers. case processing in relation to the best practice standards In April 2014, NCJFCJ conducted an assessment of outlined in “Resource Guidelines: Improving Court Practice trauma informed practices and parental engagement in child in Child Abuse and Neglect Cases” and implements new welfare proceedings at the Milwaukee County Children’s strategies for improved outcomes. Court and will be assisting the courts in completing an exit Ryan Gonda, the national council’s site leader, stated, survey of parents to assess their court experience. “The Milwaukee County Model Court Team stands out as a In 2015, the NCJFCJ will assist the court in implementing leader in best practices, building strong collaborations, and a pilot project in two courts where a child safety decision- maintaining continuity in their efforts on improving practice making “coach” will observe temporary physical custody and outcomes.” hearings and develop strategies with parties to ensure that The Milwaukee Model Court Collaborative Team the framework outlined in “Child Safety: A Guide for established the following goals: Judges and Attorneys” is being followed. The Child Safety • Reducing the number of children entering out-of-home Subcommittee of the Wisconsin Commission on Children, care Families and the Courts plans to use the tools and activities • Improving child safety decision-making developed by the Milwaukee County Model Court as a • Increasing court case processing efficiency guide to provide training and institute a child safety project • Integrating trauma-informed best practices in additional counties across the state. n Several activities are aimed at achieving these goals,

Veterans court celebrates second graduation n Dec. better decisions. 9, 2014 Bray served in the U.S. Army and was awarded the Osix veterans National Defense Service Medal and the Global War on gathered in Terrorism Service Medal. He performed a critical function the Racine in the Army as a Bradley Vehicle System Maintainer from County 2009-11. Branch 5 Racine County Circuit Court Judge Michael J. Piontek courtroom conferred the completion of the program for the six to celebrate graduates, and gave the closing remarks at the ceremony. as the The Second Judicial District Treatment Court program second class was introduced in the summer of 2012. It serves veterans in to Kenosha, Racine, and Walworth counties, and is successfully headquartered out of the Racine County Courthouse. n complete the Second Judicial District Judge Michael J. Piontek, Racine County Circuit Veterans Court, gives graduate Austin Bray his certificate Treatment for completing the Second Judicial District’s Court veterans treatment court program. program. The U.S. Navy Band from Great Lakes Naval Base was on hand to perform during the graduation, and the Racine County Sheriff’s Department provided refreshments. Program graduate and U.S. Army Private Austin Bray spoke at the ceremony about the need to listen to the treatment court team and do what they suggest, even if you Members of the United States Navy Band Great Lakes perform don’t think that is what should be done. He stated the team during a veterans court treatment program graduation ceremony in is working to help participants learn new thinking to make Racine on Dec. 9, 2014. 10

Winter 2015 Initiative to reduce children in out-of-home care By Bridget Bauman, CCIP Director

THE THIRD BRANCH isconsin is one of delighted at the eight states selected opportunity to work with Wto participate in the Judicial Wisconsin judges and Engagement Initiative court teams to achieve through Casey Family our common goals,” said Programs. The project is retired judge Patricia being piloted in Dane, FitzGerald, a judicial Kenosha, and Monroe consultant from Casey counties. Family Programs. The goal of the Judicial “Given the insight and Engagement Initiative is to dedication of your judges engage the judicial system and the great work to support children already done in remaining safely in their Wisconsin, I am homes, timely exits to confident that working permanency, full Judges and court staff gathered for a Judicial Engagement Initiative together in 2015 we will consideration of well- meeting in Kenosha County on Oct. 31, 2014. Pictured, left to right: develop and implement being, and compliance with Kenosha County Circuit Court Judge Anthony G. Milisauskas; retired successful strategies for the Indian Child Welfare Judge Patricia FitzGerald, a consultant for Casey Family Programs; safe reduction of the Act in child welfare Kenosha County Circuit Court Judges David P. Wilk and Jason A. numbers of children in proceedings. Rossell; and Bridget Bauman, director of the Children’s Court care,” said FitzGerald, Improvement Program. Casey Family Programs, who visited Kenosha in partnership with a team of judicial and attorney County for an initiative meeting late last year. consultants from the National Center for State Courts and Multi-disciplinary meetings will continue to be held in all the National Council of Juvenile and Family Court Judges, three counties, where the court and other child welfare provides court-focused resources that support the use of best stakeholders discuss concrete ways to meet the goals of the practices to safely reduce the number of children in out-of- initiative, implement action plans, and measure the home care. effectiveness of their efforts. The Children’s Court In addition, Casey Family Programs assists the selected Improvement Program will work closely with Casey Family sites to utilize and integrate court/child welfare data to better Programs and the three pilot sites to monitor the Judicial inform and effectuate systems change. Engagement Initiative and institute changes at the state level “Wisconsin has demonstrated a strong commitment to based on the information obtained as a result of the project. n improving outcomes for children in foster care, and we are

Grant continued from front page work. The strength of Wisconsin’s written application and meeting, teams can expect monthly on-site assistance from the remarkable array of individuals who represented their technical assistance manager. The managers will Wisconsin’s state and local teams during the site selection support state and local teams as they engage in a set of process were testaments to your commitment and dedication specific planning activities designed to lay the groundwork to this work.” for implementation of the Evidence Based Decision Making A two-day in-state meeting in early 2015 will formally framework. launch the statewide initiative, bringing together the state The state of Wisconsin formally applied for inclusion in teams previously selected to be part of the initiative. Phase V on Nov. 21, 2014. A total of four states submitted As part of Phase V, the national institute will provide applications (Oregon, Wisconsin, Indiana, Virginia). As part extensive technical assistance to Chippewa, Marathon, of the final selection process, the institute and the Center for Outagamie, La Crosse, Rock and Waukesha counties and a Effective Public Policy conducted a site visit to Wisconsin state level team to expand EBDM in Wisconsin. Assistance on Jan. 20 and 21. The site visit included a meeting with also will continue for Milwaukee and Eau Claire counties, state team representatives, a meeting with all of the which have been included since the first phase of the proposed local and state site coordinators, and individual program. local team meetings with leadership from each of the six “We are thankful to Milwaukee and Eau Claire counties proposed local policy teams. for helping take Wisconsin to the next level,” Chief Justice The goal of Phase V is to build capacity to make evidence- Shirley S. Abrahamson said. “These efforts, along with based decisions at the individual, agency, and system levels, those of the additional counties and a new state team, will and to develop plans for implementing system-wide change benefit us all.” strategies that will align state and local officials/jurisdictions The goals of the in-state meeting will be to ensure a with one another and with the principles of Evidence Based shared understanding of the purposes, benefits, and Decision Making. Phase V is a planning phase, similar to the processes of the initiative; begin the process of building and planning process seven local sites (including Eau Claire and solidifying methods for cross-team partnership and Milwaukee counties) engaged in during Phase II. Full collaboration; and begin the work of the Phase V roadmap. implementation of strategies is anticipated in Phase VI. n Following the initial site visits and in-state kick-off 11

Election continued from front page Winter Court of Appeals Langlade County District Atty. Ralph M. Uttke will compete 2015 Two candidates are vying for the District III Court of to fill the vacancy created by the retirement of Circuit Court Appeals vacancy being created by the retirement of Judge Judge Fred W. Kawalski last November (see The Third THE THIRD BRANCH Michael W. Hoover (see Retirements on page 17). Vying for Branch, fall 2014). Hoover’s seat are Eau Claire County Circuit Court Judge In Milwaukee County, Atty. David Feiss of the Kristina M. Bourget, who was appointed to Branch 1 in Milwaukee County District Attorney’s Office announced he 2013, and Atty. Mark A. Seidl, a private practice attorney in will run for the Branch 46 bench after Milwaukee County Wausau. District III is headquartered in Wausau. Circuit Court Judge Bonnie L. Gordon retired in December. Feiss does not face a challenger. Circuit Courts In Racine County, Atty. David W. Paulson, who works in Incumbents facing challengers private practice, will face Atty. Tricia J. Hanson, who works In Green County, Judge James R. Beer faces a challenge in the Racine County District Attorney’s Office, for the from Atty. Dan Gartzke, who works in private practice in Branch 6 seat for the vacancy being created by the Madison. Beer has served on the Green County Circuit retirement of Racine County Circuit Court Judge Wayne J. Court since 1996. Marik at the end of his term. In Jackson County, Circuit Court Judge Anna L. Becker In Rock County, District Atty. David J. O’Leary and and private practice Atty. Daniel Diehn survived a six-way Rock County Family Court Commissioner Mike Haakenson Feb. 17 primary to compete for the circuit court seat now will vie for the Branch 5 seat held by Judge Kenneth W. held by Becker, who was appointed by Gov. Scott Walker in Forbeck, who will retire at the end of his term. 2014. Becker and Diehn defeated Atty. Robyn R. Matousek, In Sawyer County, Hayward private practice Atty. Atty. Mark A. Radcliffe, and Atty. James C. Ritland, who Thomas J. Duffy and Atty. John Yackel of the Sawyer work in private practice in Black River Falls; and Atty. County District Attorney’s Office will compete for the seat Michelle Greendeer, who works for the Ho-Chunk Nation now held by Circuit Court Judge Gerald W. Wright, who Department of Justice. will retire at the end of this term. In Racine County, Chief Judge Allan “Pat” Torhorst will In Sheboygan County, two private practice attorneys, face Atty. Joseph Siefert, a private practice attorney in Atty. Catherine Q. Delahunt of Kohler and Atty. Matthew P. Milwaukee. Torhorst has served on the Branch 9 bench Mooney of Plymouth, competed in the Feb. 17 primary since he was first elected in 1991. against Sheboygan County Circuit Court Commissioner In Walworth County, Circuit Court Judge Kristina E. Rebecca Persick for the Branch 4 seat held by Sheboygan Drettwan, who was appointed in 2014, will face Atty. John County Circuit Court Judge Terence Bourke. Bourke will W. Peterson, who practices in Williams Bay. retire at the end of his term. Delahunt and Persick will In Waukesha County, Atty. Paul Bugenhagen Jr., who compete April 7. practices in Menomonee Falls, faces Waukesha County In Waukesha County, Assistant Atty. General Maria S. Circuit Court Judge Linda M. Van De Water. Van De Water Lazar is unopposed for the Branch 7 seat held by Circuit was first elected to Branch 10 in 2003. Court Judge J. Mac Davis, who is retiring at the end of his Races for vacant seats term (see Retirements on page 3). Milwaukee Atty. Michael In Adams County, private practice attorneys Jesse L. P. Maxwell and Waukesha Atty. Ron Sonderhouse will run Leichsenring and Daniel Glen Wood will run for the to fill the vacancy on the Waukesha County Circuit Court vacancy created by the retirement of Judge Charles A. Branch 8 bench created by the retirement of Waukesha Pollex at the end of his term. County Circuit Court Judge James R. Kieffer at the end of In Columbia County, Atty. Troy D. Cross of the his current term. Columbia County District Attorney’s Office and Lodi Atty. Todd J. Hepler will both be on the ballot for the Branch 1 Selection of Chief Justice seat of Judge Daniel S. George, who will retire at the end of Voters also will decide whether “section 4 (2) of article his term Aug. 1. VII of the constitution be amended to direct that a chief In La Crosse County, La Crosse Atty. Brian K. Barton justice of the supreme court shall be elected for a two-year and La Crosse County Family Court Commissioner Gloria term by a majority of the then serving on the court.” L. Doyle survived the Feb. 7 primary to compete for the The Wisconsin constitution currently provides that the Branch 5 seat now held by La Crosse County Circuit Court chief justice of the Wisconsin Supreme Court is its longest- Judge Candice C. M. Tlustosch. Tlustosch was appointed by serving member. Gov. Scott Walker on Feb. 3 to fill the seat previously held According to a summary of the ballot question: by La Crosse County Circuit Court Judge Dale T. Passell. A “yes” vote on this question would mean that the chief Passell retired last November (see The Third Branch, fall justice shall be elected for a term of two years by a majority 2014). Tlustosch was eliminated in the Feb. 17 primary. of the justices then serving on the Wisconsin Supreme In Lafayette County, District Atty. Kate Findley; Atty. Court. The justice who is elected may decline to serve as Gayle Jebbia, a private practice attorney in Dodgeville; Atty. chief justice or resign the position, but still continue to serve Duane M. Jorgenson, a private practice attorney in as a justice of the Wisconsin Supreme Court. Darlington; and Atty. Guy M. Taylor, who works in the A “no” vote would mean that the longest-serving member Public Defender’s Office, all ran for the vacancy to be of the Wisconsin Supreme Court serves as chief justice of created by the retirement of Judge William D. Johnston at the Court. The justice designated as chief justice may the end of his current term. Findley and Jorgenson advanced decline to serve as chief justice or resign the position, but from the primary to compete for the seat April 7. still continue to serve as a justice of the Wisconsin Supreme In Langlade County, Antigo Atty. John Rhode and Court. n 12

Winter 2015 Record retention is uniformly set statewide By Sharon Millermon, Barron County Clerk of Circuit Court

THE THIRD BRANCH Editor’s Note: This article was distributed to Barron County payment is entered, the retention period increases to 20 area news outlets as part of an ongoing outreach effort by years from the date of entry of judgment regardless of when court officials to improve public understanding and paid thereafter. appreciation of the legal system in Wisconsin. It is especially critical to retain court documents for people that have accessed the court system at a young age. On he length of time circuit court records are more than one occasion, an individual has retained by the clerk of circuit court office appeared at the clerk of circuit court counter to isT a topic frequently discussed between the obtain a copy of their Order for Change of Name public and staff. Opinions vary widely that was granted many years ago. The person, depending on one’s involvement or interest in a now an adult, may want to obtain a passport and particular case whether it is believed the file must prove they can legally use another name ought to be retained forever or destroyed than the one indicated on their birth certificate or immediately. Both opinions can hold valid want to apply for social security benefits. This is points. an example of a “civil” file and the file will be It is important to know the length of time a destroyed after 20 years. If all necessary steps record is retained. The clerk of circuit court were not taken to change the records retained by office doesn’t determine the length of time a the state, the individual may find it necessary to record is retained. Wisconsin Supreme Court re-file a case to accomplish the previous Sharon Millermon Rule 72 sets forth the minimum retention outcome. period for all case types. The most common Prior to destroying the physical file, it must be case types with their retention periods are: offered to the State Historical Society. In the past, the • Traffic, DNR and other non-criminal cases (TR and Historical Society accepted all family case types and FO) – five years from conviction litigants were still able to obtain copies of needed court • Civil and small claims (CV and SC) along with any documents. Recently the Historical Society has declined case that may have a civil judgment entered – 20 years family files and they are destroyed after the elapsed • Family and paternity (FA and PA) – 30 years plus an retention period. The Historical Society is still interested in additional seven years after the final payment most criminal cases, resulting in those files being preserved. • Criminal misdemeanor and criminal traffic (CM and Most of Barron County’s records are stored at the Library CT) – 30 years from conviction Learning Center at UW-Stout in Menomonie, Wis. • Criminal felony (CF) – 50-75 years from conviction It is always a best practice to keep important court depending on the severity of the felony documents in a safe place. Often an individual doesn’t Most people would like to see traffic citations disappear as realize the document’s importance until it is needed for a soon as possible. Normally those files are destroyed five passport application, employment purposes, social security years after conviction unless a civil judgment is entered as a benefits, credit reports, etc. n consequence for non-payment. If a judgment for non-

Child welfare conference set for fall he Children’s Court Improvement Program of the may respond to children and families involved in the Wisconsin Director of State Courts Office and the child welfare and court systems in a trauma-informed WisconsinT Department of Children and Families, along manner. with other sponsors, are co-hosting the 2015 Conference Attendees will be encouraged to register as part of a on Child Welfare and the Courts: Moving Toward a local multi-disciplinary team to allow an opportunity for Trauma-Informed Wisconsin on Sept. 30-Oct. 2 in incorporating newly acquired knowledge into concrete Wisconsin Dells. action plans. Additional information about the The experience of trauma among children and families, conference, including the registration link, will be especially those involved with the justice system, is so provided as the event gets closer. Judicial Education and high as to be considered universal. These trauma Continuing Legal Education credits will be offered for experiences may seriously affect a person’s physical, participants. n mental and emotional health and ability to respond successfully to treatment and other interventions. The For questions about the conference, please contact conference promises to be an extraordinary opportunity Bridget Bauman, CCIP Director, at for judges, court commissioners, and other child welfare [email protected] or 608-267-1958. stakeholders to learn from experts in the field so that they 13

Winter Justices swear in governor, legislators 2015 THE THIRD BRANCH Photo credit: Jay Salvo, Legislative photographer

Chief Justice Shirley S. Abrahamson administers the Oath of Office to Gov. Scott Walker during Inauguration ceremonies on Jan. 5 in the Capitol Rotunda. Former Gov. Tommy G. Thompson and Walker’s family look on.

he 2015-16 session of the Wisconsin LegislatureT got underway Jan. 5 with swearing-in ceremonies at the Capitol. Gov. Scott Walker also started his second term of office that day. Republicans control the Assembly 63-36 and the Senate 18-15. About one quarter of the Assembly, or 25 of its 99 members, are new to the office, having been elected on Nov. 4, 2014. In the Senate, seven members Photo Anderson, credit: Greg Legislative photographer were elected Nov. 4, Justice Annette Kingsland Ziegler swears in members of the Wisconsin State Senate during 2014, although six had ceremonies at the Capitol on Jan. 5. previously served in the state Assembly. Justice On Dec. 10, 2014, the David T. Supreme Court hosted an Prosser orientation session for addresses new legislators in the members of Supreme Court Hearing the Room. Chief Justice Wisconsin Shirley S. Abrahamson State Assembly discussed the roles of the during a Judiciary and the swearing-in Legislature before taking ceremony new legislators on a tour held Jan. 5. of Supreme Court chambers and the Supreme Court Conference Room. n Photo credit: Jay Salvo, Legislative photographer 14

Winter NEWS AND NOTES 2015 On Jan. 1, La Crosse County Circuit Court Judge Todd W. reporter typing the record of the proceedings.

THE THIRD BRANCH Bjerke retired from his status after more than 30 Washington County Circuit Court Judge Andrew T. years of service. He was trained as a judge advocate and Gonring is one of them. spent more than three years on active duty with the U.S. “It is a bit of a controversy,” Gonring told the paper. Marine Corps before transitioning “Some courts have gone to (digital) recorders. I just think to the U.S. Army Reserve. Bjerke it’s far more efficient to have a live person there.” retired as a colonel and was Third District Court recognized for his “exceptionally Administrator Michael Neimon meritorious service” with the told the newspaper that court Legion of Merit in August 2014. commissioners around the state His military experiences assisted use digital recorders instead of him in developing the La Crosse real time court reporters. Area Veterans Court in 2010. “With the court commissioners, Bjerke retired from the we’ve been able to demonstrate Individual Ready Reserve, where that with the use of digital he had served since July 2014, recorders (hearings) can be following completion of his last effectively recorded, and Judge Todd W. Bjerke assignment as Special Projects transcripts retrieved,” Neimon is Officer for the U.S. Army Legal quoted as saying. Judge Joan F. Kessler Command in Gaithersburg, Md. He spent three years as the Some judges have made the commander of the 214th Legal Service Organization at Fort transition to digital, but Gonring Snelling in Minnesota, and had previously served as the told the newspaper that he’s a Staff Judge Advocate for the 88th Regional Support hold out. Command at Fort McCoy in Wisconsin. “I’ll go yelling and kicking and Bjerke was promoted to the rank of colonel in February screaming into a (court) reporter- 2006. He was on active duty with the U.S. Marine Corps less court system,” he told the from 1984 to 1987, primarily as a defense counsel. Daily News. Following his release from active duty, at the rank of captain, he transferred to the U.S. Army Reserve and served Before oral argument on Feb. 5, as a judge advocate in a variety of positions until retirement. and in the presence of the rest of While in the Army Reserve, he was sent on four overseas the Supreme Court, Chief Justice missions, twice to Vicenza, Italy and twice to Germany to Shirley S. Abrahamson drew provide assigned legal services to active duty soldiers. from a hat the names of one judge Judge Paul F. Reilly from each of the four Court of Husband and wife attorneys have found a way to give Appeals districts to serve on the back to the community, according to the Wisconsin State Government Accountability Journal. Mark Krueger and Michelle Hernandez of Board’s Candidate Committee. Middleton began offering a legal clinic to members of their Judges Joan F. Kessler, church, Global Presence Ministries in Monona. On Jan. 23, District I; Paul F. Reilly, District they opened up the clinic to the community outside the II; Lisa K. Stark, District III; and church. JoAnne F. Kloppenburg, District “It’s really rewarding to sit down with someone and help IV were chosen. them breathe a little easier, in an environment where no one The candidate committee is is worried about having to pay anything,” Krueger told the responsible for reviewing State Journal. applications by former state The clinic offers basic legal information and directs them judges to serve as members of the towards legal resources, but the attorneys do not represent Government Accountability Judge Lisa K. Stark the individuals who come to the Board (GAB), and must clinic. Krueger and Hernandez unanimously agree on each are currently the only attorneys nominee, according to a GAB staffing the clinic, but they hope news release. For each vacancy, to have a few others volunteer the committee forwards at least their time in the future, according two names to the governor. The to the paper. governor’s appointment must be confirmed by a two-thirds vote of The West Bend Daily News the state Senate. recently reported that while court The new committee’s two-year reporting technology has been term begins March 1, after which advancing with expanded use of the candidate committee will meet digital recorders, some judges to review applications to fill the Judge Andrew T. still prefer having a court Judge JoAnne F. Gonring see News and Notes on page 15 Kloppenburg feedback at all.” at feedback any get to rare is it experience, my “In saying. as quoted is Blanchard role,” adjudicative an had have both which in case a about communicate to judge circuit a and judge appellate an for overturned. being decision their about unhappy are they know judge of Court Appeals a let to judge court Journal Law to meet the Daubert the meet to tries state the as year coming the in experts verifiable about cases. of types other in mediation and arbitration seek litigants more as future, the in court appeals the reach to proceedings the Judge of Court Appeals IV District decisions. court circuit the upheld which of percent year,83 last decisions 1,015 of issued WisconsinCourt Appeals Journal GAB. on term second a seeking Barland Judge of seat board and technical evidence. technical and II, noticed a decline in civil case appeals in 2014, according 2014, in appeals case civil in decline a noticed II, District I Court of Judge Court Appeals I District complicated get could it that think “I Curley also said she expects courts will face questions face will courts expects she said also Curley According to the to According Court of Appeals Chief Judge of Chief Court Appeals Brown S. Richard Judge Chief NEWS AND NOTES NEWS AND NOTES Blanchard W.Brian Judge Law Journal Law Brian W.Brian Blanchard ’s2014 Year Review,in the of Eau Claire, who is not is who Claire, Eau of that it’s rare for a circuit a it’sfor that rare that she anticipates more criminal more anticipates she that WisconsinLaw Thomas H. Thomas standard for the admission of scientific of admission the for standard told the told Judge Patricia S. Curley S. Patricia Judge Michael W.Hoover Michael Judge Chief Deputy Richard S. Brown S. Richard continued from page 14 page from continued Patricia S. Curley S. Patricia held Feb. 19-20 at the Kalahari Resort & Conference Center in Wisconsin Dells. Wisconsin in Center Conference & Resort Kalahari the at 19-20 Feb. held was which Institute, Court Circuit of Clerks 2015 the preceded workshop The 2015. 18, Feb. on Workshop Orientation Court Circuit the of Clerks New 2015 the during administration court discusses Brummond Patrick Court Administrator Seven District , District , told Lawyers’ November 2014 newsletter. Dallet, one of only 14 only of newsletter.Lawyers’one 2014 Dallet, November Womenthe for of Association section a in featured was station. TVthe told Barca are,” qualifications their what know they are, they old how WKOW.to according idea, the criticized wouldn’t be surprised if there’s discussion about 78 or 80.” or 78 there’sabout if discussion surprised be wouldn’t I 77. at that set to prefer would that some be may There here. legislators 132 are “However,there saying. as quoted down. step to judges sitting current some require could that bill a introduce set a retirement age for Wisconsin justices and judges. and Wisconsinfor justices age retirement a set technology.consumer of use growing the with digital and privacy of future a in challenges saying. as quoted was Hoover head,” its on Wisconsinturned law which circumstance, exigent an necessarily not is blood the in (alcohol) of dissipation Supreme Court’s 2013 decision in Missouri v.Missouri McNeely in Court’sdecision Supreme 2013 U.S. the to response in suspects driving drunken testing for warrants involving cases as well as cases, foreclosure mortgage of number high a observed of Court Appeals, the environmental cases. environmental research.” own our do we and is law the what out find to have we because cases those on time of “Welot saying. a as spend quoted thorny,”was are he Milwaukee County Circuit Court Judge Court Circuit County Milwaukee know somebody,obviously select they voters the “When Assembly Minority Leader Minority Assembly is Knudson set,” would I that age the is “Seventy-five Rep. could that Madison’sproposal a WKOW-TV on reported new facing be soon will courts the said Blanchard the saying by waters the muddied of kind just “It Brown said he also noticed a rise in the number of number the in rise a noticed also he said Brown issues the and complex, very are get do we cases the “But Deputy Chief Judge Chief Deputy Law Journal Law enKnudson Dean . Michael W.Michael Hoover, (R-Hudson) has said he may he said has (R-Hudson) see Peter BarcaPeter News and Notes and News Rebecca F.Rebecca Dallet (D-Kenosha), has (D-Kenosha), District III District on page 16 page on .

THE THIRD BRANCH 2015 Winter 15 16

Winter NEWS AND NOTES continues from page 15 2015 women out of 47 judges in the county, spoke about how she Judge David T.

THE THIRD BRANCH decided to go into law, her Flanagan told the experiences as a woman attorney paper. “It’s to find and judge, and being a working people who should mother. be getting treatment Dallet had served as a judge in but aren’t.” a mock trial in ninth grade, and Flanagan, a U.S. then had the feeling that it was a Navy veteran who very important job. She went on served as a combat to say that her father encouraged engineer in her to follow in his and her Vietnam, visited grandfather’s career path and local colleges’ pursue a legal degree. veterans groups to Dallet told the newsletter that recruit volunteers to her father knew that one day she Judge Rebecca F. Dallet serve as mentors in would run for public office. She the program, the said that her public service does not end in the courtroom. State Journal She and her husband volunteer in the community, and they reports. Participants encourage their three teenage daughters to do so as well. in the program meet Attys. Mary Lynne Donohue and Ryan with the mentors, Kautzer were honored by the Veterans involved in the justice complete treatment Sheboygan County Bar Association for coordinating the legal clinic hosted by system in Dane County will no goals, and appear in The Salvation Army. The recognitions longer have to make the trip to court once or twice were presented by Bar President Janesville to participate in a a month. Susan McIntosh, and Lt. Cheri veterans treatment court Previously, Mangeri, Corps officer and pastor. The program, according to the veterans in Dane legal clinic provides free legal Wisconsin State Journal. Dane County were able to consultation throughout the year at County has now opened its own participate in the The Salvation Army Community veterans court, which will allow Rock County Center. The clinic was established in 2001. qualifying veterans to have Veterans Treatment charges against them dismissed Court, but transportation and planning issues made it or reduced if they complete the difficult for some to participate. program. Of the 43 veterans who have been accepted into the Rock Judge David T. Flanagan “We’re looking for people County program, 15 were from Dane County, Veterans whose criminal problems flow Administration Justice Outreach Coordinator Ed Zapala from a treatable condition,” Dane County Circuit Court told the State Journal. Flanagan told the paper that 35 veterans have applied for the Dane County program. Of those, he said three have been admitted, four are ready to be admitted, and the others are still being evaluated. The National Association of Drug Court Professionals’ Justice for Vets Spokesman Christopher Deutsch told the paper there are an estimated 220 veterans treatment court programs being offered nationally. The programs cater to the specific issues faced by veterans that may contribute to alcohol and drug abuse. “What we’re saying is if these folks who volunteered to serve didn’t have these issues before, but come back damaged, then it’s our responsibility to see that they’re Former Wisconsin State Law Librarian Jane Colwin (center) talks with Director of treated and can get their lives back Reference Heidi Yelk (left) and Library Program Assistant Tammy Keller at the Law on track,” Deutsch is quoted as n Library’s winter party Dec. 18. Colwin retired in 2011, after 27 years with the law library. saying. The Law Library hosts the celebration each year. 17

Winter RETIREMENT continued from page 3 2015 created TaxCalc, a computer program that helps judges and noticed an increase in the difficult cases that come before lawyers calculate child support and maintenance payments them. He speculates that has a lot to do with the increase in THE THIRD BRANCH in divorce cases in 1990. Davis annually updates and and mediation. provides the program free of charge and offers instruction on “So many cases that were tried and later appealed are the program as part of the Judicial College programming. falling away,” he said. “A lot of the ‘mill-run’ cases we used Davis said he will miss seeing his staff after his to fold-in are falling away because of mediation.” retirement, as well as the attorneys in the courtroom, “not Hoover has served as presiding judge for District III and all, but most.” as a deputy chief judge. He has served as an author and He said he hopes to do some reserve judge and mediation editor of the Benchbook, and as a speaker and work, as well as travel more, both overseas and to visit his instructor for Judicial Education and State Bar programs. He four grandchildren on the east coast. is also a former faculty member of Mount Senario College. He received his bachelor’s degree from UW-Madison and Deputy Chief Judge law degree from the UW Law School. He is a former Wausau city attorney and Marathon County assistant district Michael W. Hoover attorney. District III Court of Appeals Hoover said he hopes to spend his retirement pursuing his Deputy Chief Judge Michael W. Hoover, District III Court many interests and indulging in his latest phases, including of Appeals, said he will miss the learning to cook. He also plans to travel and spend more give and take of working with his time at the cottage he has owned for 33 years. He admits colleagues when he retires at the until now he has not had time to enjoy the cottage for any end of his term in July. long stretch of time. “The whole experience has been rewarding and challenging,” Judge Patrick J. Taggart Hoover said. “I have had the privilege to Sauk County Circuit Court pursue an honorable career and the Sauk County Circuit Court Judge Patrick J. Taggart said honor to work with some of the he believes judges are being asked to most capable legal minds in the do more and more with less and less state in the Court of Appeals, and funding. But he also said the court more specifically in District III.” system has been meeting that Hoover was elected to the Court Deputy Chief Judge challenge with technological Michael W. Hoover of Appeals in 1997. He had advances, such as the move towards previously served as a circuit court judge in Marathon going paperless, a move he believes County since 1988. makes judges more efficient. Only a year after taking the circuit court bench, Hoover Another technological advance presided over his first intentional homicide case. The trial of that has helped the court system is Lori Esker, which would become known as the “Dairy video conferencing, which Taggart Princess Case,” received national media attention. Esker, a began using in his courtroom in the fall of 2003. Taggart chose to use Marathon County Dairy Princess and UW-River Falls Judge Patrick J. Taggert student, was sentenced to life in prison for the murder of video conferencing to ensure an Lisa Cihaski. The , now Marathon County Circuit orderly and safe initial appearance for a 15-year-old facing Court Judge Gregory E. Grau, argued that jealousy was the first-degree intentional homicide charges for a school motive behind Esker strangling Cihaski, who was dating shooting in 2006. In a case that received national media Esker’s former boyfriend. The story would even inspire a attention, Eric Hainstock was found guilty and sentenced by 1995 made-for-TV movie, “Midwest Obsession.” Taggart to life in prison for the shooting of Weston Schools Hoover said the time he spent in juvenile court with Principal John Klang. juvenile offenders was the most challenging and emotionally Taggart said the three or four homicide cases he has draining part of being on the trial court bench. He said while presided over during his career have been memorable there, he tried to make a positive difference in the lives of because of the media attention they received. those who appeared before him. He said he tried his best to relate to everyone who Soon after moving from the circuit court to the Court of appeared before him, and is proud of the fact that they all Appeals, Hoover said he proposed the idea of electronic got a “fair shake.” filing of briefs, and continued to promote the idea over the Taggart was first appointed in 1993, and won election to next few years. He gives credit to the late Supreme Court the Branch 1 bench the following year. He received his and Court of Appeals Clerk of Court David Schanker for undergraduate and law degrees from Marquette University. helping the project gain traction. Prior to taking the bench, he worked in private practice. “He really took the ball and ran with it,” Hoover said of After he retires in March, Taggart plans to do some Schanker. mediation and reserve work, to help the court system with In 2009, the appellate courts began receiving briefs calendaring cases. He also looks forward to seeing the two electronically, a move Hoover believes has promoted other judges in the county as well as the courthouse staff efficiency in the handling of appeals. through reserve work. In the time he is required to take off Hoover said he and the other judges in District III have before he can begin work as a reserve judge, he said he hopes to go someplace warm. n 18

Winter 2015 Guardianship initiative brings forces together

THE THIRD BRANCH to help elderly with legal issues By Andrew Bissonnette, Executive Assistant to the Chief Justice hen Chief Justice Shirley S. In November, the Chief Justice became aware of a grant Abrahamson hired me as her opportunity from the National Guardianship Network Wexecutive assistant last fall, her (NGN) to support the creation of a Working number one priority for me was to Interdisciplinary Network of Guardianship Stakeholders help facilitate the court system’s (WINGS) group in Wisconsin. Ultimately, we decided not ability to work with the elderly and to apply for the grant. However, we have received the other vulnerable groups in blessing of NGN and are eligible to receive technical reducing abuse and in improving assistance from NGN as needed. The more we looked at guardianship practice. that process of bringing together essential guardianship Guardianship issues have come stakeholders, the more we felt that this would also be an to the fore nationwide due to appropriate vehicle for positive guardianship reform. demographic changes, including I have been working to build this broad-based WINGS the impending “silver tsunami,” group for the past three months. It now stands at Andrew Bissonnette caused by the aging of the baby approximately 60 people from 30 agencies. Included are a boomers. Any weaknesses or number of elder care groups such as AARP, as well as the problems in the guardianship system will only be Social Security Administration, Wisconsin Psychological exacerbated as the number of cases climbs in coming years. Association, Wisconsin Medical Society, pertinent divisions As part of this effort, we have joined forces with two of Wisconsin DHS, the Wisconsin Board on Aging and existing groups already working on some of the issues, and Long-Term Care, the State Bar of Wisconsin, the Wisconsin have also found support from the National Guardianship Guardianship Association, several disability rights groups, Network and the State Bar of Wisconsin. and tribal interests. A group of registers in probate from across the state, There are also interested individuals, including circuit known as Guardianship Accounting Committee (GAC), court judges and registers in probate. We also have several began work in 2013 after hearing presentations by District people on board who helped in the most recent rewrite of Ten Chief Judge Scott R. Needham, St. Croix County the guardianship law, as well as others, such as Guardian ad Circuit Court, and former District Court Administrator Scott Litem Gretchen Viney, who have written articles or books Johnson. The group supports creating a mandatory guardian on guardianship in Wisconsin. It is a wonderful group training module for individual or family guardians; committed to working together to identify the problems with replicating the online training and reporting system that is current guardianship practice in Wisconsin and to find used in Minnesota; and enabling a more robust review of effective solutions to those problems. guardianship financial reports. We have a WINGS Steering Committee, which is in the The State Bar of Wisconsin has very recently agreed to process of planning a day-long WINGS organizational help create a guardian training video as envisioned by GAC. meeting for later this spring. It is expected that three An informal group known as the Corporate Guardian Fee different working groups will be created, each with its own Standards Committee has been meeting for the better part of target area. This has been, and will continue to be, a very a year to determine if there should be standards in place for collaborative and creative process designed to serve some of approving corporate guardian fees. The group was started by the most vulnerable people in our state. We could use a few Alice Page in the Division of Long Term Care at the state more circuit judges in this group. n Department of Health Services and Kay Schroeder, president of the Wisconsin Guardianship Association. If you would like more information or are interested in Outagamie County Circuit Court Judge Gregory B. Gill Jr. working on this effort, contact Andrew Bissonnette at (608) is on this committee, but we are interested in attracting more 261-8297 or [email protected] judges to help with the project.

NEW FACES William D. Walker Protection. In 2011, Walker joined the Budget and Policy Director Wisconsin Department of On Feb. 9, William D. Walker joined the court system as Natural Resources (DNR) as Budget and Policy Director, replacing Deborah Brescoll, an economist. He has also who retired in January (see The Third Branch, fall 2014). served as co-director of the Walker has a background in law, economics, and public Wisconsin Initiative on policy. He began his career with state government in 2000, Climate Change Impacts, a joining the Wisconsin State Budget Office as a policy and network established jointly by budget analyst. In that role, he contributed to the executive UW-Madison and the DNR to budgets for three former governors. He also has served as a assess climate impacts and senior policy analyst and budget and policy director at the resilience in Wisconsin. n Wisconsin Department of Agriculture, Trade and Consumer William D. Walker Committee Judges Jan. 20. Jan. Judges Chief of Committee and Court Supreme Wisconsin the of meeting joint annual the at interest mutual of items other and request budget state 2015-17 system’s court the discussed judges and Justice procedural requirements have been met and that the foreign the that and met been have requirements procedural necessary the that satisfied is court a If Wisconsin. in readopted be to Wisconsina resident, is who parent a by country that in adopted been country,has another who resides. parent the which in area the serves that center the to child, adopted the and parent adoptive each of information contact and names the report to bureau the and agencies, judges, administrators judges, justices, together brings meeting Annual consistency. and fairness integrity,of compassion, system’sstatement, court vision the in stated as values, core uphold system Wisconsinthe court help to is DCAs the of goal The projects. and initiatives new supporting and committees statewide on serving by whole a as system state the serving Courts, State of Director the for work life. they And, to programs new constructive and innovative bring help to also but systems, keeping record and management caseload efficient and effective most the maintain and develop them help to only not clerks and judges to resource a are They courts. circuit local and office court state the between link a and conduit the as serve to district, the of courts the and judge chief their with district. the of administration the in judge chief the to assistance technical and administrative provides that one as 70.16 SCR under defined is position the 70.31, SCR under appointed and 70.30 SCR to pursuant created DCAis The position Courts. State of Director the and district the of Judge Chief the DCAby a appointed has year.last the in position thier started who four including DCAs, all with meet to justices for opportunity an presented meeting The interest. mutual of issues other and courts the to relates it as budget state the discussed groups The Court (DCAs). District Administrators and Judges Chief of Committee and Court Wisconsinthe Supreme of meeting joint annual the for 20 Jan. on Madison in Hotel Concourse J Assembly Bill 41 requires a child who is a citizen of citizen a is who child a requires 41 Bill Assembly adoption licensed counties, all requires also 40 AB The DCAs have two objectives. They work at the local level local the at work They objectives. two have DCAs The Wisconsinin districts administrative judicial 10 the of Each state’s 10 judicial administrative districts gathered at the at gathered districts administrative state’sjudicial 10 the of each from administrators court and judges ustices, after the adoption is granted. is adoption the after family adoptive an to available are that services and support the describe to reside parents adoptive the which in area the serves that Center Resource Postadoption the of representative a with meeting • in-person An n continued from page 8 page from continued Committee on Children and Families. Families. and Children on Committee year.calendar preceding the during adopted been previously have who children of number the regarding Legislature the and governor the to report annual an submit to Families and Children of Department the requires also bill The adopted. been previously has child the whether state to child a of welfare the to related agreements and petitions certain requires It Wisconsin.in adoption on information Wisconsinunder law.child the of adoption re- grant must and court foreign the by granted adoption the recognize must court the effective, is order court All four bills have been referred to the to Assembly referred been have bills four All 42 Bill Assembly District. Kristina Aschenbrenner,front: TenthMiddle District. Sixth Ledford, Ronald and District; Ninth Byrnes, Susan District; Harper,Eighth Donald District; Third Neimon, Michael District; Second Owens, Theresa top: from descending column, Left District. Seventh Brummond, Patrick and District; Fifth Richardson, Gail District; First DCA, deputy Perrigo, Beth District; First Szablewski, Holly District; Fourth Bellows, Jon top: from descending column, Right 20: Jan. on Madison in (DCA) Court Administrators District was developed to provide better provide to developed was n

THE THIRD BRANCH 2015 Winter 19 20

Winter 2015 Corrections data reveals prison demographics THE THIRD BRANCH n recent years, the Wisconsin with the idea that judges and others Department of Corrections has been involved in the justice system may find the Imoving forward with an effort to take very information interesting or valuable. large and complex datasets, validate them, This page and the next four pages of this analyze them, and then present information edition of The Third Branch include in an understandable form that accurately information compiled by the department reflects trends and patterns of the adult on the adult prison population, including prison population. demographics, offense types and admission The purpose of this effort is to provide types. information to department staff, policy The author of this work is Megan Jones, makers, criminal justice partners, and the Ph.D., a research analyst in the office of public to help better inform them of the the secretary at the Wisconsin Department adult prison component of the criminal of Corrections. n justice system. Information presented here is a sample of data currently being For other Department of Corrections analyzed on admissions, point-in-time statistics, such as recidivism rates, populations, and releases from prison reincarceration rates, and other data during the last 15 to 25 years. trends, visit www.doc.wi.gov/about/data- The department shared some of these and-research . findings at the request of The Third Branch

Overall Point-in-Time Prison Populations (June 2000-December 2014): The graph above displays point-in-time “snapshots” of the prison population from June 2000 to December 2014 (with a point-in-time presented for June 30th and December 31st of each year).

see Prisons on page 21 Prisons is the percentage of inmates aged 45 and older from June 2000 to December 2014. December to 2000 June from older and 45 aged inmates of percentage the is Age: Race and Ethnicity: and Race The percentage of older inmates in WI DOC prisons has seen a notable increase over the last 15 years. Shown below Shown years. 15 last the over increase notable a seen has prisons DOC WI in inmates older of percentage The continued from page 20 page from continued see Prisons on page 22 page on

THE THIRD BRANCH 2015 Winter 21 22

Winter 2015 Prisons continued from page 21 Most Serious Offense (June 2000-December 2014): Many offenders are convicted of multiple offenses. For this reason,

THE THIRD BRANCH an offender’s most serious offense was selected for this analysis. Offenses fall into four categories (in order of seriousness): violent, property, drug, and public order offenses.

Most Common Offenses in Each Category on December 31, 2014

see Prisons on page 23 explanation for changes in the prison population over time - such as why the general inmate population is getting older.getting is population inmate general the why as such - time over population prison the in changes for explanation possible one offers it prison, in serve must inmate an sentence overall the represent not does analysis serve to left time the While sentence. her or his of portion incarceration inmate’s an of date end projected or actual the and date point-in-time 2014): 1990-December (June Serve to Left Time Prisons continued from page 22 page from continued Time left to serve is calculated as the time between each six-month each between time the as calculated is serve to leftTime see Prisons on page 24 page on

THE THIRD BRANCH 2015 Winter 23 24

Winter 2015 Prisons continued from page 23 Prison Admissions by Type (2000-2014): The graph below shows all physical admissions to WI DOC adult prisons and THE THIRD BRANCH contract facilities between 2000 and 2014.

Budget continued from front page Legislature’s Joint Committee on Employment Relations, corrections to be submitted to the Legislature. which sets the employee compensation plan for state The bill would also repeal most of the statutory language government and would have final say. that currently governs payments to counties. In particular, it The budget bill also would make changes to how the court would remove the funding formula and auditing system’s funding is allocated. The bill would combine what requirements. Under the bill, how and when to release are now separate appropriations for circuit court support circuit court support payments would be managed by the payments, payments for guardian ad litem services, and Director of State Courts and overseen by the Supreme reimbursement for court interpreters, into a single Court. appropriation. The budget bill now before the Legislature would also This is referred to as a “block grant approach.” The bill change oversight of the Wisconsin Judicial Commission, would similarly combine the State Law Library’s currently an independent commission given administrative appropriations with those for the Director’s Office. The support from the Department of Administration. Under the stated intent of combining these now-separate appropriations bill, the commission would instead be placed under the is to increase flexibility for the Director of State Courts in direction of the Supreme Court, with administrative support administering court system spending. provided by the Director’s Office. This proposal has raised In a related change, the bill would shift funding for state- some concern over the independence of judicial employed court reporters from its current sum-sufficient investigations. appropriation to the new proposed circuit court costs Another proposal in the budget bill would eliminate the appropriation. Court reporters would thus be funded from Judicial Council, effective July 1. The council was the same appropriation that funds circuit court operations, established in 1951 to provide support to each branch of guardians ad litem, and court interpreters. government by studying and making recommendations Among concerns identified in this proposed change would relating to court pleading, practice and procedure; and be the omission of statutory language authorizing the organization, jurisdiction and methods of administration and Director of State Courts to pay salaries to court reporters operation of Wisconsin courts. and a shortage in funding under the new appropriation. The The Legislature has set a series of public hearings around governor’s office has indicated it intends to address some the state. The court system’s budget office will continue to concerns related to court reporters in a list of technical monitor the progress of court-related budget items. n 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. Walker Bill TonyStreveler TomSheehan Sankovitz J. Richard Hon. Rottier Nancy Millermon Sharon Jones Megan TommyGubbin Foster Sara Bousquet Jean Bissonnette Andrew Bauman Bridget Foster Sara TomSheehan S. Abrahamson Shirley Graphic Design/Layout Graphic Editorial Advisor Writers Contributing Editor Associate Editor Justice Chief www.wicourts.gov is a is open cases, for all case types. Totypes. case make all for cases, open in filings new and cases new both to apply would rule county,new a the in public. general the to sale for available be not will documents PACERfederal the system, unlike case; the in involved those to only available are Documents office. law the at back paralegals and courtroom, the in attorneys assistant, judicial the judge, clerk’sthe the office, in public the to users: multiple to time any at documents. print still can documents and files paper from work to prefer who commissioners court and Judges desks. their from or bench the on orders sign electronically and hearings, future view documents, electronic ride-along for legislator hosts County Barron eFiling questions and learn about the tools the about learn and questions judges ask to chance a legislators gives community.also the program The impact they how and work courts the how see to opportunity the legislators gives program The branches. two the of understanding better judges and legislators give to and government, of branches legislative and judicial the between communication better promote to effort an as Office Courts State of Director the by 1993 in established was Program action.” in Court Circuit County Barron the observe to invitation our accepted has legislator state a that 11years in time first the is “This County,”said. Babler Barron facing issues and system court the about more learn to time the took Bewley court. Babler’s in proceedings court intake observed also Bewley Millerman. Sharon Court Circuit of Clerk as well as Boyle D. Maureen and Babler C. James Judges Court Circuit County Barron with met Bewley Program. Ride-Along Judicial the of part as Courthouse County Barron the at afternoon S When mandatory eFiling takes effect takes eFiling mandatory When available is file court complete The The Judicial Ride-Along Judicial The Sen. that “Wepleased so are Ashland) spent an spent Ashland) (D- Bewley Janet en. continued from page 4 page from continued Judicial Ride-Along Program. Ride-Along Judicial the of part as Courthouse County Barron the at (D-Ashland) Bewley Janet Sen. hosted Babler C. James Judge Court Circuit County Barron [email protected]. or 267-9733 (608) at Rottier Nancy Liaison Legislative Program,contact Ride-Along Judicial the on moreinformation For media. the of members and supervisors board county include to expanded been also has program The session. legislative each participate decisions. sentencing make to use they page at the following link: following the at page Rules Court Supreme the on website system’scourt the visit rule, proposed lines. support telephone and materials, website conferences, through available be would training Ongoing system. new the use to how know and up signed are users simultaneously.systems different two in work to having than rather filing, electronic to paper from convert quickly to county a enable would county.that step in This manditory became eFiling time the by scanned files opened all have to required be will probate in register and court circuit of clerk each transition, this www.wicourts.gov/scrules/1403.htm New legislators are invited to invited are legislators New To view the committee’sToand the report view all sure make to taken be would Care n . n

THE THIRD BRANCH 2015 Winter 25