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The Third Branch, Spring 1997

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The Third Branch, Spring 1997 The Third Branch A Publication of the Wisconsin Judiciary Vol. 5, No. 2 Spring 1997 Legislature Tackles Judicial Issues by: Sheryl Gervasi AB 59, introduced by Rep. Carol Legislative Liaison Owens and Sen. Carol Buettner, cre- ates the plea and verdict of guilty but he 1997 Legislature will resume mentally ill for individuals charged Tits floor session in mid-May and with a homicide offense. The judge or will work until the budget is enacted, jury must determine that the person then recess until September. While the suffered from a mental illness at the budget bill will be its main focus, sev- time of the offense but that the illness eral other bills of interest have been did not result in the person lacking introduced or are in the works. understanding of the wrongfulness of Assembly Bill (AB) 92 and Senate Scott Walker the conduct. This bill is in the Assem- Bill (SB) 46 demonstrate that judicial State Representative bly Criminal Justice Committee. substitution continues to hold the AB 149, introduced by Rep. Scott Sheryl Gervasi Legislature’s attention. AB 92, spon- Walker and Sen. Timothy Weeden, Legislative Liaison sored by Rep. Margaret Krusick and prohibits the appointment of any Sen. Carol Buettner, replaces substi- person as a reserve judge if the person tution in criminal cases with the affi- was defeated in their most recent bid davit of prejudice. SB 46, sponsored for election to a circuit court judge- by Sen. Bob Welch and Rep. Scott ship. This bill is in the Assembly Judi- Walker, replaces substitution in crim- ciary Committee. inal, civil, juvenile and municipal SB 78, a trailer bill to 1995 Act 438 court cases with the affidavit of prej- (passed in the last session), has been udice. Neither bill permits the judge introduced by Sen. Calvin Potter. Act to rule on the merits of the allegations 438 allowed the court to issue a judg- made in the affidavits. Both bills ment for any unpaid fine, assessment, Carol Buettner reside in their respective judiciary Calvin Potter surcharge or restitution. It also State Senator committees. State Senator Continued on page 10 The Biennial Budget: A Mixed Bag So Far by: David Suchman Department of Corrections and the Uni- Budget Officer versity of Wisconsin System. For the courts, this means budget reductions of: overnor Tommy Thompson’s budget • $880,900 annually for the circuit courts; recommendations continue the trend G • of directing any available revenue into $123,400 annually for the Court of either school aids/property tax relief or the Appeals; Department of Corrections. Consequently, • $68,900 for the Supreme Court; little that was requested by the court system • $85,800 for the Director of State Courts was included in this biennial budget bill. Office; and One area of concern is the two percent • across-the-board cut that is being applied to $18,300 for the Law Library. most budgets, with the exception of the Continued on page 9 New Director of Judicial Education on Board by: Trina E. Haag cited increasing caseloads and complex A 1971 graduate public demands on the courts as two rea- of Andrews Univer- avid H. Hass, program manager and sons to help judges achieve greater sity in Michigan Dfiscal analyst for the Michigan Judicial proficiency in all areas, with less emphasis with a bachelor’s Institute in Lansing, has brought his exper- on specialization. degree in history, tise and enthusiasm to Wisconsin as the Although helping the judges enhance Hass received his new director of judicial education. He their skills and learn new subject matter is master’s degree in began work in Madison on March 24. important to Hass, he said providing edu- a dministration The Office of Judicial Education serves cation that fosters development, personal from the University as the “peer educator” for professionals in growth and motivation to carry out of Notre Dame the judicial branch. Each year, the office a shared goal of universal access to fair, David Hass in 1988. organizes statewide educational seminars independent and effective justice should Judicial Education He worked since and training activities. It also provides be paramount. Director 1971 for the Michi- updated reference and resource materials. Chief Justice Shirley S. Abrahamson gan court system, Hass, filling the vacancy created by the commended Hass for his recognition that beginning his career in Berrien County departure of longtime Director V. K-Wetzel the mission of judicial education is to foster Probate Court as a probation officer, last October, said he looks forward to work- professional excellence in everyone engaged moving up to referee/casework supervisor ing with all the judges, as well as the in judicial service. and then to assistant director of probation Supreme Court and the deans of the Judi- Since 1988, Hass has handled all aspects services before transferring to judicial edu- cial College. He noted that Wisconsin’s of judicial education needs assessment, cation. Office of Judicial Education receives planning, curriculum development, imple- When he is not traveling to judicial edu- “outstanding support” from the state mentation, evaluation and program facility cation seminars, Hass enjoys “tinkering judiciary and said he is honored to work in management for Michigan’s Judicial Insti- with and restoring old automobiles.” one of the “nation’s leading judicial educa- tute. He also has assisted the Institute’s exec- He and his wife, Diane, have two chil- tion communities.” utive director in monitoring and tracking dren, Shelly, 29, and Brian, 23, as well as one In a memorandum to the Director of expenditures for line-item budgets and has grandchild. The couple enjoys visiting State Courts Office, Hass outlined a list prepared budget forecasts for appropriation family and friends and dining out. ❖ of challenges facing judicial education. He requests to the Supreme Court. Barland is “Judge of the Year” by: Trina E. Haag “This is a wonderful culmination to my career.” udge Thomas H. Barland, Eau Claire Chief Justice Shirley S. Abrahamson JCounty Circuit Court, could not be more commended the State Bar’s Bench Bar deserving of the State Bar of Wisconsin’s Committee, which chose Barland for the first Judge of the Year Award, according to award, for recognizing his early and ongo- those around the state who know him. ing efforts to enhance public access to court “I think it is particularly noteworthy that by allowing cameras in the courtroom. you have earned the deep respect of not Barland also helped create the Try only lawyers and judges, but also court Resolution Yourself Mediation Center staff,” District Court Administrator Gregg (TRY). TRY is a court-affiliated process that T. Moore wrote in a letter to Barland. saves time and money by resolving small Eau Claire Lawyer Roy Wilcox described claims actions and some family matters Barland as “even-tempered, hard-working outside the courtroom. Judge Thomas H. Barland, Eau Claire County and fair,” ideal qualities in a judge. In his 30 years on the bench, Barland has Circuit Court, accepts his “Judge of the Year” Barland received the award, for out- served on more than 20 task forces, honor from Justice Jon P. Wilcox. (Photo courtesy State Bar of Wisconsin) standing service as a trial court judge, in a councils and committees and has taught special ceremony at the State Bar’s Mid- annually at Wisconsin Judicial Educa- County, which is one of four counties pilot- winter Convention. tion seminars. ing this program. Sauk, Dane and Wauke- “I’m extremely pleased and honored,” He is helping to establish the American sha Counties are the others. said Barland, who was appointed to the Association of Retired Persons Guardian- bench in 1967 by Gov. Warren Knowles. ship Monitoring Program in Eau Claire Continued on page 11 2 THE THIRD BRANCH Volunteers in the Courts Conference Attracts a Crowd by: Trina E. Haag son traveled to Madison to assess Wiscon- sin’s efforts to include the community in lose to 200 people gathered in Madi- court-related activities. Jackson said she Cson to attend the first-ever conference would return to Chicago with the intention on volunteers in the court system held of replicating the efforts she saw at the con- April 24. The conference showcased suc- ference on a national scale.“Wisconsin is at cessful court-related volunteer programs the forefront,” she said. from around the state and unveiled a com- Jackson and the other attendees selected prehensive catalog of the programs—the from workshops taught by 40 program first of its kind in the nation. The catalog coordinators. The audience included people showed there are more than 4,500 volun- who either work in the courts or have an teers working in 100-plus programs to help interest in enhancing the services the courts the courts in Wisconsin. provide (such as volunteers, judges, pro- Chief Justice Shirley S. Abrahamson, gram directors, social workers and other who spearheaded the effort, called the one- human services workers). day conference a “smashing success.” The workshops focused on how to American Bar Association Associate replicate court-related initiatives such as Director of Justice Initiatives Janet L. Jack- juvenile mentor projects, volunteer guardian programs and programs which use volunteers to monitor court-ordered parent-child visits. In one well-attended session, Judge Bruce Schmidt,Winnebago County Circuit Court, discussed recent strides in the Teen Court project. Teen Court, an alternative for youths ages 12 to 16 who are first-time mis- demeanor offenders, has been a clear suc- cess since its start last fall, Schmidt said. Currently, more than 200 youths have vol- unteered to serve on peer juries, which act as regular juries with a unique twist.
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