The Third Branch, Fall 2003

Vol 11 No 4 H I G H L I G H T S Fall 2 Dollars and cents issues take center 12 Peer Court 2003 stage 15 Best judicial Web sites? 4 Appointments 22 Meet the members of the Sentencing Commission 6 Leadership 23 ‘Reality’ court TV gives skewed view 9 CHIPS Sentencing Sykes' nomination is official Commission holds first meeting resident George W. Bush officially great privilege to serve the people of by Nancy M. Rottier, legislative liaison Pnominated Justice Diane S. Sykes Wisconsin for the past 11 years as a ov. Jim Doyle in to the U.S. Court of Appeals for the Milwaukee County Circuit Court judge Glate August Seventh Circuit on Nov. 14. There is no and as a justice of the Wisconsin named seven word on the Senate’s timetable for her Supreme Court. I would be honored to appointees to the confirmation to the post. have the opportunity to serve the Sentencing If Sykes resigns on people of Wisconsin, Commission, includ- or before Dec. 1, the Illinois and Indiana on a publication of the Wisconsin Judiciary a publication of the Wisconsin ing its chair, Atty. governor’s appointee the United States Susan Steingass. will need to stand for Court of Appeals for Steingass, a former Atty. Susan election in April 2004. the Seventh Circuit.” Steingass Dane County judge If she resigns after Sykes began her and past president of the State Bar of Dec. 1, the appointee judicial career in 1992, Wisconsin, has presided over the com- will not have to run when she became a mission’s first meeting on Nov. 21 in until 2008. The judge on the Madison. Wisconsin Milwaukee County Doyle’s appointees, each of whom Constitution only Circuit Court. She will serve a three-year term, include allows that one served in the two judges and replace the individuals Supreme Court seat be Misdemeanor, Felony, named in late 2002 by former Gov. filled in any spring and Civil Divisions Scott McCallum. The commission is currently inter- election; because “It has been a great before her 1999 viewing candidates for the positions of sitting justices have privilege to serve the appointment to the executive director and assistant, terms expiring in people of Wisconsin for Wisconsin Supreme Steingass said. Executive director can- 2005, 2006, and 2007, the past 11 years. .” Court. In 2000, she didates Mike Connelly and Jim Pingle the appointee would won a 10-year term on addressed the commission at its not have an open elec- Justice Diane S. Sykes the Court. November meeting. tion until 2008. If confirmed, Sykes In addition to Steingass, Doyle Sykes, who has been a member of will replace Judge John L. Coffey on appointed Circuit Court Judges Louis the state Supreme Court since 1999, the Federal Court of Appeals. Coffey B. Butler Jr., Milwaukee County, and issued the following statement: “I am also served on the Wisconsin Supreme Peter J. Naze, Brown County. The gov- deeply honored by the President’s nom- Court – from 1978-81 – and has served ernor’s other appointees are Ann ination, and look forward to the Senate for 22 years on the U.S. Court of confirmation process. It has been a see Sykes on page 3 see Commission on page 21 Courts' Web site will be revamped y spring, the Wisconsin court system will have a continuity and consistent writing style and page Bnew presence on the World Wide Web. The layout. courts’ Web site, www.wicourts.gov, is being updated, The unveiling of the new site will mark the culmi- redesigned, and organized with an eye on more nation of many months of work. The first phase of the intuitive navigation. project got underway last May, when a diverse group Consolidated Court Automation Programs (CCAP) of court employees began participating in regular is working with a Madison firm, Clotho Advanced Wednesday afternoon meetings to develop a proposal. The Third Branch Media, Inc., to redevelop the site. It is a monumental The committee tackled everything from the site’s color task, with more than 13,000 pages to be redone within scheme to its architecture, with an eye on simplicity the new architecture. CCAP expects to unveil the new and intuitive categories for sorting the content. Web site (and a new CourtNet – the courts’ Intranet CCAP Computer Support Analyst Mary Feldman site) by the end of March 2004. directed the project in cooperation with the Web Site Throughout the process, newly hired Web Oversight Committee, chaired by Pam Radloff, deputy Administrator Amanda Faessler will ensure design director for management services. www.wicourts.gov 2 Fall Director’s column: Judicial compensation debate is older than Wisconsin 2003 uring 2003, a variety of special projects have been today would pay a Supreme Court justice $164,000, a Court Dundertaken to mark the 150th anniversary of the sepa- of Appeals judge $137,760, and a circuit court judge THE THIRD BRANCH rate Supreme Court. The year celebrated famous cases, $131,200. judges who have left meaningful legacies, and interesting The Compensation Study Committee established by stories concerning the history of the legal system. As I 1983 Act 27 “… was to review compensation of elected listen to accounts of our past, I am intrigued by what we officials for the purpose of determining what compensation can learn from it. Recently, as I was reading information was fair and reasonable.” Ultimately, the committee made we had collected concerning the current status of judicial salary recommendations after considering all financial and compensation, I decided to check the history on the ques- non-financial aspects of the position. The committee noted: tion of judicial pay. What I found is that it is not a new “the State of Wisconsin has an interest in maintaining and question. In fact, it was being discussed before Wisconsin independent, competent, experienced, and effective judici- became a state. Let’s take a look. ary.” It went on to say that “if the compensation level is not As the Wisconsin Constitution was being constructed, brought current, kept current in future years, and freed of A. John Voelker numerous debates occurred on the structure of the judici- the uncertainties of the political process, the trend will ary. On April 28, 1846, the Racine Advocate weighed in emerge for younger, less experienced lawyers running for on the issue of judicial salaries as follows: “Nothing perhaps judicial office and then leaving the bench as they gain expe- can be more important to a state than a well-paid, independ- rience and public recognition.” ent judiciary. In this department, and in that of common What I find interesting are the common denominators schools, liberality is the greatest possible economy, and it is that exist in these examples. First, the foundation for each only by paying both well and forcing both to avoid entan- assessment was to determine what was best for the state. glement in politics that we can assure ourselves of the pure Second, the conclusions were from an independent source in administration and understanding of the laws.” In the same the sense that judges were not part of the discussion. Third, year, the Lancaster Wisconsin Herald stated: “Have cheap each concluded that adequate judicial compensation was fences if you will – slop clothing if you will – cheap important to an independent judiciary. watches if you will – but for god’s sake don’t have cheap The same points are relevant today. As the Milwaukee judges!” Journal Sentinel editorialized on January 5, 2003: “It is In 1973, the Citizens Study Committee on Judicial obvious that the quality of justice in our society depends in Organization also debated judicial salaries. The final report significant measure on the quality of the judges who mete it included the following comment: “...our objective should be out. Equally obvious is the notion that many of the best to compensate all judges at an adequate level without over lawyers will not become judges if doing so requires them to compensating them.” The report went on to identify a spe- make a huge financial sacrifice.” cific formula for the adequate level of compensation which Judges helping judges by Margaret Brady, human resources officer n Oct. 14, a group of 22 self-help committee. Ojudges met to begin the With the approval and support of Chief Justice Shirley S. important work of developing a Abrahamson and Director of State Courts A. John Voelker, a Judicial Assistance Committee training session for judges interested in serving on the for the Wisconsin court system. committee was developed. The one-day session featured Once fully formed and opera- presentations from: Attys. James R. Cole and Gary L. tional, the committee will act as Bakke, both representing the State Bar of Wisconsin’s an informal, confidential intake Lawyer Assistance Program, WisLAP; Mickey Gabbert, and referral source for any judge Chemical Dependency Program director from Rogers Reserve Judge Patrick L. who may be having problems Memorial Hospital in Oconomowoc; James Alexander, Snyder with alcohol and/or drug abuse, executive director of the Judicial Commission; and Snyder. or other personal issues. By establishing an outlet for At the conclusion of the training session, volunteer addressing these problems, we hope to minimize or judges were recruited to assist in the development of the eliminate their impact on the judge’s job. committee with Judge Stuart A. Schwartz, Dane County The driving force behind the development of this Circuit Court, agreeing to serve in a leadership capacity. committee is Reserve Judge Patrick L. Snyder, who served Over the next few months, these judges will develop a plan in Waukesha County Circuit Court from 1978 until 2003.

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