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The Third Branch, Spring 2004

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The Third Branch, Spring 2004 Vol 12 No 2 H I G H L I G H T S Spring 3 Election 2004 9 Leadership 2004 4 Criminal penalties committee 10 PPAC recommends a focus for the future waits for work 12 Retirements 5 Celebrating Law Day 15 People 8 Women jurists project goes national Judges are honored First class of certified court interpreters takes oath ix Wisconsin judges won state and he first 14 graduates of the out everybody in the courtroom spoke Wisconsin court system’s inter- Yiddish,” Abrahamson said. “When he national awards this spring. The T S preter training and certification told that story, he would always say, honorees include Chief Justice Shirley program were sworn in at a ceremony ‘Only in America can a Jew get S. Abrahamson and circuit court on Tuesday, May 25 in the Wisconsin justice.’” Judges Robert A. Haase, Winnebago Supreme Court Hearing Room. The newly certified court inter- County; John J. Perlich, La Crosse Prior to administering the oath, preters are from Dane, Kenosha, County; William C. Stewart Jr., Dunn Chief Justice Shirley S. Abrahamson Milwaukee, Walworth, and Waupaca County; Joseph M. Troy, Outagamie recounted for the group her own experi- counties (see sidebar). Nine are a publication of the Wisconsin Judiciary a publication of the Wisconsin County; and Maxine A. White, ence with Spanish inter- Milwaukee County. English as a preters (eight came The judges were honored for a second lan- through the new broad range of accomplishments, from guage and then Wisconsin program developing programs that have helped told the story and one is a feder- to improve the administration of of her uncle ally certified inter- justice, to consistently demonstrating who fled preter who has all the qualities of an excellent jurist – Poland at the been granted reci- wisdom, humanity, and commitment to start of World procity), and five the rule of law. War II and, are American Sign with his Language (ASL) Abrahamson wins family, interpreters, who Opperman Award embarked upon attended the train- Chief Justice Shirley S. an odyssey that ing and possess ultimately Newly sworn-in court interpreter Tamesia Sosa legal certification Abrahamson has been selected to accepts her diploma from Chief Justice Shirley receive the American Judicature landed him in S. Abrahamson and Director of State Courts A. with the Registry Chile by way John Voelker. of Interpreters for Society’s first Dwight D. Opperman of Russia, Italy, and France. the Deaf. Award for Judicial Excellence. The After several years in Chile, he jour- The certification process – the first award, which comes with a $5,000 neyed to the United States to visit of its kind in Wisconsin – is rigorous. honorarium that Abrahamson will family and was arrested for speeding in Those who meet the requirements for donate to the court system, is named Miami – where, at that time, no one certification are court interpreters who for the former chair of West Publishing spoke Spanish, French, Russian, or speak English and another language at Co. The selection committee included Italian. Knowing the risk of owning up the level of a highly educated native Justice Randy J. Holland of the to his Jewish heritage, he reluctantly speaker. They also must demonstrate a Delaware Supreme Court, Judge decided to reveal that he knew one see Awards on page 19 see Interpreters on page 18 more language: Yiddish. “And it turned The Third Branch Members of Wisconsin's first class of certified court interpreters take the oath of office. www.wicourts.gov 2 Spring Director’s column: Judicial compensation effort is underway 2004 e have talked a lot in the past three years about our I believe we need to act, and I have put together a THE THIRD BRANCH Wstate’s budget problems and there is no doubt about working group that includes staff from my office, a circuit the fact that times are tight and we all have felt the pinch. court judge (Judge L. Edward Stengel of Sheboygan Everyone in the system has participated in a concerted effort County), a Court of Appeals judge (Judge Charles P. to decrease expenditures by reducing the use of Dykman of District IV), and myself. We have provided our reserve judges and freelance court reporters, can- compensation analyses to the Office of State Employee celing state-funded national travel, and eliminating Relations (OSER), which develops biennial compensation certain in-state meetings. We were able to stay recommendations for elected officials, including the judici- within our budgetary constraints with these meas- ary. At the behest of and with the cooperation of my office, ures and have managed to avoid cuts that would be OSER is currently conducting an independent review of even more painful, while remaining cognizant of judicial compensation to assist in formation of its recom- our responsibility to the people of the state. mendations. However, because of the current environment, In his 2005-07 biennial budget introduced in January when the issue of judicial salaries is raised, legisla- 2005, the Governor will propose the amount of the tors, executive branch personnel, and even the Compensation Reserves to be set aside to pay for state public will likely ask a reasonable question, “how employee raises in fiscal years 2005 and 2006. Shortly A. John Voelker can you ask for judicial compensation increases at thereafter, OSER will submit proposed elected official com- a time of fiscal crisis?” The answer is relatively straightfor- pensation for those two years to the Legislature’s Joint ward, “because judicial compensation should be equitable to Committee on Employment Relations (JCOER). If JCOER similar positions of public responsibility and it’s not.” Our approves the proposals as submitted, its action is final. If analysis shows that by any comparison – the salaries of JCOER modifies the proposal, the modification must be Wisconsin government officials, salaries of judges in other submitted to the Governor for approval. JCOER may over- Midwestern states, federal judge compensation –Wisconsin ride a Governor’s veto with a vote from six of the eight judicial compensation does not measure up. Another way to members of the committee. look at the inadequacies of judicial compensation is to apply There is no question that the fiscal situation will make the formulas developed for the calculation of judicial the political waters rough as we pursue this issue. Our rec- salaries by previous committees (a 1973 Citizens Committee ommended increase would cost the state $6.7 million. But on Judicial Organization or a 1984 Compensation Study when I look around, I see the importance judicial decisions Committee). Either formula yields a fair-market wage that is have on people’s lives, and you inspire me with your com- substantially higher than what is currently paid. mitment to the work at hand. I am reminded of a comment There are a number of reasons why it is critical that we from one of college football’s all-time greatest coaches, Lou pay judges a competitive salary, but perhaps the most salient Holtz, who said, “If you don’t make a total commitment to was put forth in a January 2003 Milwaukee Journal Sentinel whatever you're doing, then you start looking to bail out the editorial (that, ironically, was addressing federal judicial first time the boat starts leaking. It’s tough enough getting salaries, which are substantially higher than state wages): that boat to shore with everybody rowing, let alone when a “[i]t is obvious that the quality of justice in our society guy stands up and starts putting his jacket on.” depends in significant measure on the quality of the judges On the issue of compensation, I shall keep rowing. It is who mete it out,” the Journal Sentinel opined. “Equally critical that all judicial system employees are equitably obvious is the notion that many of the best lawyers will not compensated. I shall keep you apprised of all of our become judges if doing so requires them to make a huge efforts. financial sacrifice.” New juror orientation video in the works $13,350 grant from the Wisconsin Law questions, taking more frequent breaks to AFoundation will enable the Director of combat juror boredom, providing post-verdict State Courts Office to produce an updated debriefing sessions with the judge, and orientation video for jurors. Across the state, incorporating what is now known about the approximately 70,000 prospective jurors watch dynamics of jury decision-making into the the orientation video each year. orientation process. The current video was created 10 years ago The video will be developed in and fails to reflect jury-system-related changes consultation with the Chief Judges Jury to the statutes and Supreme Court Rules that Subcommittee. It will be shot in the have occurred. It also does not capture the Milwaukee County Courthouse and is practical changes that have been made, expected to be available in March 2005. including permitting jurors to submit written 3 ELECTION 2004 Spring 2004 Two incumbent judges defeated Challenger Roemer defeats Schuh THE THIRD BRANCH he spring election featured nine contests and resulted in Judge Dennis C. Schuh, whom Gov. Jim Doyle Tlosses for two of the five incumbents who were appointed to the bench in Juneau County in 2003 running. Another 37 incumbent judges were reelected following the sudden death of longtime Judge John without opposition. Brady in March 2003, was defeated by a former employee in his bid for election. Kessler defeats Schudson Assistant District Atty. John P. “Jack” Roemer Jr. In a race the Milwaukee won the seat by a margin of 3,341 to 2,045 votes. Prior Journal Sentinel called a “rousing to his appointment as judge, Schuh had been the contest”, longtime Milwaukee county’s district attorney for 12 years.
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