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 A. JohnVoelker 2 2003 Fall

THE THIRD BRANCH lack ofresources toassistjudgesledhimpropose asmall would ceasewith hisretirement,andconcern aboutthe Resources Officer Cheri Timpel. Snyderrecognizedthatthis Director ofState CourtsJ.DenisMoranandformerHuman an informaljudicialassistanceresource, alongwithformer For over10yearspriortohisretirement, Snyderservedas in Waukesha CountyCircuitCourtfrom1978until2003. committee isReserveJudgePatrick L.Snyder, whoserved eliminate theirimpactonthejudge’s job. addressing theseproblems,wehopetominimizeor or otherpersonalissues.Byestablishinganoutletfor Snyder Reserve JudgePatrickL. by MargaretBrady, humanresourcesofficer Judges helpingjudges cific formulafortheadequatelevelofcompensationwhich compensating them.” The report wentontoidentifyaspe- to compensatealljudgesatanadequatelevelwithoutover included thefollowingcomment:“...ourobjectiveshouldbe Organization alsodebatedjudicial salaries. The finalreport judges!” watches ifyouwill–butforgod’s sakedon’t havecheap fences ifyouwill–slopclothingcheap year, the administration andunderstandingofthelaws.”Insame glement inpoliticsthatwecanassureourselvesofthepure only bypayingbothwellandforcingtoavoidentan- schools, liberalityisthegreatestpossibleeconomy, anditis ent judiciary. Inthisdepartment, andinthatofcommon can bemoreimportanttoastatethanwell-paid,independ- on theissueofjudicialsalariesasfollows:“Nothingperhaps judges whohaveleftmeaningfullegacies,andinteresting rate SupremeCourt. The yearcelebratedfamouscases, D Judicial compensation debate isolderthanWisconsin Director’s column: ary. On April 28,1846,the numerous debatesoccurredonthestructureofjudici- became astate.Let’s takealook. question. Infact,itwasbeingdiscussedbefore Wisconsin tion ofjudicialpay. What Ifoundisthatitnotanew compensation, Idecidedtocheckthehistoryonques- we hadcollectedconcerningthecurrentstatusofjudicial can learnfromit.Recently, asIwasreadinginformation listen toaccountsofourpast,Iamintriguedbywhatwe stories concerningthehistoryoflegalsystem. As I The drivingforcebehindthedevelopmentofthis In 1973,theCitizensStudy CommitteeonJudicial undertaken tomarkthe150thanniversaryofsepa- uring 2003,avarietyofspecialprojectshavebeen As the Wisconsin Constitutionwasbeingconstructed, Lancaster Wisconsin Herald with alcoholand/ordrugabuse, who maybehavingproblems and referralsourceforanyjudge an informal,confidentialintake tional, thecommitteewillactas Once fullyformedandopera- for the Wisconsin courtsystem. Committee Judicial Assistance important workofdevelopinga O Racine Advocate judges mettobeginthe n Oct.14,agroupof22 stated: “Havecheap weighed in make ahugefinancialsacrifice.” lawyers willnotbecomejudgesifdoingsorequiresthemto out. Equallyobviousisthenotionthatmanyofbest significant measureonthequalityofjudgeswhometeit obvious thatthequalityofjusticeinoursocietydepends Journal Sentinel important toanindependentjudiciary. each concludedthatadequatejudicialcompensationwas the sensethatjudgeswerenotpartofdiscussion. Third, Second, theconclusionswerefromanindependentsourcein assessment wastodeterminewhatbestforthestate. that existintheseexamples.First,thefoundationforeach rience andpublicrecognition.” judicial office andthenleavingthebenchastheygainexpe- emerge foryounger, lessexperiencedlawyersrunningfor the uncertaintiesofpoliticalprocess,trendwill brought current,keptcurrentinfutureyears,andfreedof ary.” Itwentontosaythat“ifthecompensationlevelisnot independent, competent,experienced,andeffective judici- “the State of Wisconsin hasaninterestinmaintainingand non-financial aspectsoftheposition. The committeenoted: salary recommendationsafterconsideringallfinancialand was fairandreasonable.”Ultimately, thecommitteemade officials forthepurposeofdeterminingwhatcompensation 1983 Act 27“…wastoreviewcompensationofelected $131,200. of Appeals judge$137,760,andacircuitcourt today wouldpayaSupremeCourtjustice$164,000, to serve Wisconsin’s judiciary. Over thenextfewmonths,these judgeswilldevelopaplan Circuit Court,agreeingtoserveinaleadershipcapacity. committee withJudgeStuart A. Schwartz,DaneCounty judges wererecruitedtoassistinthedevelopmentof executive directoroftheJudicialCommission;andSnyder. Memorial HospitalinOconomowoc;James Alexander, Chemical DependencyProgramdirectorfromRogers Lawyer Assistance Program, WisLAP; MickeyGabbert, Bakke, bothrepresentingtheState Barof Wisconsin’s presentations from: Attys. JamesR.ColeandGaryL. committee wasdeveloped. The one-daysessionfeatured training sessionforjudgesinterestedinservingonthe Abrahamson andDirectorofState Courts A. John Voelker, a self-help committee. [email protected]. Margaret Bradyat (608)267-1940or committee's activitiesmaycontact HumanResourcesOfficer Judicial Assistance Program orinparticipating inthis Those interestedinobtaining moreinformationabout the At theconclusionoftrainingsession,volunteer The samepointsarerelevanttoday. As the What Ifindinterestingarethecommondenominators The CompensationStudy Committeeestablishedby With theapprovalandsupportofChiefJusticeShirleyS. editorialized onJanuary5,2003:“Itis „ „ Milwaukee I 10 issuesalongwiththeirmean(average)scorewere: issues thatshouldmaketheshortlist.” Among allrespondents,thetop pursued,” and8definedas“criticalessential;oneofthevitalfew numbers: 0,1,2,4or8,with0definedas“notanissue;shouldnotbe surveys werereturnedbyfaxwithoutmeansofpositiveidentification). respondents wereeithercircuitcourtjudgesorclerksof(their appellate courtjudges,andsixdistrictadministrators. Another 24 number included86circuitcourtjudges,42clerksofcourt,seven straints second,behindissuesassociatedwithmakingthecourtrecord. district courtadministratorsbuckedthetrend;theyrankedfundingcon- issues compiledbythesubcommitteeandincludedinsurvey. Only court allrankedthefundingconstraintsissueaboveother16critical Subcommittee. Appellate judges,circuitcourtandclerksof the PlanningandPolicy Advisory Committee’s (PPAC) Planning the abilityofcourtstodotheirjobeffectively. of fundingconstraintsonstateandlocalgovernment,therefore Circuit Courtjudge. Reserve JudgeNessFlores,aformer Waukesha County Court toJusticePatienceDrake Roggensack lastspring;and since his1988electionandwho lostaracefortheSupreme Brunner, achiefjudgewhohas servedonthecircuitcourt in 1994;BarronCountyCircuitCourtJudgeEdwardR. Judge S.Michael Wilk, whowas electedtothecircuitcourt Gov. MartinJ.Schreiber;KenoshaCountyCircuitCourt Angela B.Bartell,whowasinitiallyappointedin1978by Tommy Thompson; DaneCountyCircuitCourtJudge was initiallyappointedtothecircuitcourtin1992byGov. 1985 byGov. Anthony S.Earl;andMaxine A. White, who Foley, whowasinitiallyappointedtothecircuitcourtin was electedtothecircuitcourtin1997;ChristopherR. Court; Jean W. DiMotto,aformernursingprofessorwho court in2002afterrunningagainstSykesfortheSupreme Judges LouisB.ButlerJr., whowaselectedtothecircuit recent weeks,includingMilwaukeeCountyCircuitCourt Appeals. by DanWassink, seniorpolicyanalyst andcentsissuestakeDollars centerstage Sykes the numberoneissueonmindsofcourtstaff. “It”istheimpact n 2001,itdidn’t evenregisterontheradarscreen.Butin2003,it’s totalof165individualscompletedandreturnedthesurvey. That A numberofinterestedcandidateshavecome forwardin A The issueeasilycameoutontopinasummersurveyconductedby Survey recipientswereaskedtorankeachissueusingoneoffive ˆ ˆ ˆ continued fromfrontpage More Funding constraints:4.38 Overcrowded prisonsandpressuretoestablishalterna- tives toincarceration:3.84 pro se „ litigants: 3.87 www.wicourts.gov/media/reports/StJudiciary.htm. mandatory –sentencingguidelines. TheState oftheJudiciaryisavailableat and theimportance ofsafeguardingjudicialdiscretion byestablishing advisory–not address, inwhichsheemphasized theneedforawidearrayofsentencingoptions alcohol dependency. Hisspeechechoedthechiefjustice'sState of theJudiciary the needtoidentifyalternatives incarceration,especiallyforpeoplewithdrugand remarks attheWisconsin JudicialConference.Doyle's presentation emphasized Gov. JimDoyletalks withChiefJusticeShirleyS. Abrahamson followinghis the Wisconsin SupremeCourtnextyear. surveys ofcourtusersandattorneys,astheyprepareafinalreportto with feedbackfromtheJudicialConferencesessionandseparate the courtsystem.Subcommitteememberswilluseresults,along other summeraspartofitsworktoidentifythecriticalissuesfacing its constitutionalduties. branch ofgovernmentinordertoobtainthefundingneededperform be moreaggressiveinassertingitspositionasanindependent,third and staff morale.Severaljudges alsoargued thatthecourtsystemmust justice, courthousesecurity, clerksofcourt,technologicalinnovations, items suchascourtcommissioners,reservejudgeusage,thequalityof debate andrelayedtheirconcernsabouttheeffect ofbudgetcutson cal implicationstoindividualcounties.Judgesengagedinalively results, focusingmostlyonthefundingconstraintsissueandpracti- At theJudicialConferenceinOctober, participantsdiscussedthese The planningsubcommitteeconductsthesurveyofcourtstaff every ˆ ˆ ˆ ˆ ˆ ˆ ˆ Better useofinformationtechnology:3.35 Rising costofusingcourts–accesstocourts:3.37 Greater diversityamongcourtusers:3.37 Judicial discretion:3.54 Court security:3.68 Making thecourtrecord:3.70 Fee andcollectionissues:3.79 „

THE THIRD 2003 Fall 3 Bain Chief JudgeDorothyL. Sullivan Chief JudgeMichaelP. 4 2003 Fall

THE THIRD BRANCH Bain, Sullivanarechiefjudges be herdeputy. Branch 2oftheLincolnCountyCircuitCourtsince1999,to appointed JudgeGlennH.Hartley, whohasservedin separate story announced hisintentiontoresignjudgeshipthisfall( Nine chiefjudgeafterChiefJudgeJamesB.Mohr APPOINTMENTS The SupremeCourtaskedBaintostepinasDistrict Judge David A. Hansher to fillavacancy;hertermexpiresJuly31,2004andshe three, two-yearterms.Bainisservinginaninterimrole Price, Shawano, Taylor, and Vilas. Langlade, Lincoln,Marathon,Menominee,Oneida, Wisconsin countiesincluding:Florence,Forest,Iron, District Nine,whichencompasses12northeast is comprisedofMilwaukeeCounty. Bainwillserve as chiefjudges.SullivanwillserveDistrictOne,which and DorothyL.Bain,MarathonCountyCircuitCourt, Michael P. Sullivan,MilwaukeeCountyCircuitCourt, role ofdeputychief. David A. HansherandKittyK.Brennantosharethe Judge MichaelJ.Skwierawski.HeappointedJudges judge, wasappointedfollowingtheretirementofChief handling administrativematters. deputies maintaincourtcalendarsinadditionto judge isafull-timeadministrator, chiefjudgesandtheir With theexceptionofMilwaukee,wherechief committee toworkonissuesofstatewideimportance. personnel, developbudgets,andmeetbimonthlyasa will beeligibletoserveadditionalterms. The Wisconsin SupremeCourthasappointedJudges Sullivan willbeeligibletoserveamaximumof Sullivan, whohadbeenMilwaukee’s deputychief Chief judgesmanagetheflowofcases,supervise Judge GlennH. Hartley ). Bain,whohasservedasajudgesince1997, Judge KittyK.Brennan see roles Abrahamson tapped fortwonational ainlCmiso nteFtr fDAEvidence. National CommissionontheFutureofDNA addition, shechairedtheNationalInstituteofJustice’s Administration atNew York UniversitySchoolofLaw. In Courts andontheboardofInstituteJudicial the NationalCenterforState serves ontheboardofdirectors as anationaljudicialleader. She science, technology, and law. year todiscusstheintersectionof scientists, thepanelmeetstwicea Composed oflawyers,judges,and Technology andtheLawpanel. appointed hertoitsScience, National Academy ofSciences Justice RonaldGeorge. 2004, succeedingCaliforniaChief year termaspresidentin August Justices. Shewillbeginherone- national ConferenceofChief made herpresident-electofthe two nationalleadershippositions. since 1996,hasbeenselectedfor justice oftheseven-membercourt since 1976andhasbeenchief the Wisconsin SupremeCourt Abrahamson, whohasservedon Transportation, eliminatesthefollowingsection: citations. The revision,requestedbytheDepartmentof revision tothe Administrative Codeonuniformtraffic Department of Transportation. the standardcoverletterwhensubmittingcitationsto 267-1854. Questions maybe addressedtotheCourtHotline at(608) T changes citations traffic Reminder onuniform This changecomesastheresultofaJunelegislative Abrahamson iswellestablished Second, theprestigious First, herfellowchiefjustices Chief JusticeShirleyS. clerks ofcircuitcourtthattheynolongerneedtosend he stateDepartmentofMotor Vehicles isreminding to thebestofhisorherknowledge. citations itembracesaretrueand correct cating thedispositionenteredon the each groupofadjudicatedcitations indi- shall submitasigned,datedletter with true andcorrect,eachclerkofcourt copy oftheuniformtraffic citationis Safeguards. To ensurethecourtrecord Abrahamson Chief JusticeShirleyS. George Chief JusticeRonald „ „ Judge JohnH.Lussow Judge Robert A. Haase Winnebago CountyCircuitCourt Judge Robert A. Haase led toathree-month medicalleavelastspring. begun toconsider retirementaftersuffering anillnessthat Rock CountyCircuitCourt Judge JohnH.Lussow Woldt; andJohnS.Zarbano. L. Seifert;Steven L. Toney; William R. Wilde; ScottC. District Atty. KennethR.Kratz;CourtCommissionerKaren Kearney; PublicDefenderDavid W. Keck;CalumetCounty Neenah MunicipalJudgeLeonardD.Kachinsky;James A. Bermingham; CourtCommissionerDanielJ.Bissett; are: PublicDefenderEugeneBartman;JohnE. for Jan.2,2004. management issues. trends inthelawandimprovedhisunderstandingofcourt of fun.”Hesaidtheworkhelpedhimtokeepcurrenton service ontheRecordsManagementCommittee–as“alot agement ofcourtrecords. and establishesstandardsguidelinesforeffective man- reviews newandexistingformsfortheirlegalsufficiency, changes relatingtorecordsmanagement,devisesnewforms, the retentionofcourtrecordsandnecessarystatutoryorrule Management Committee,whichrecommendsguidelinesfor years. Healsoservedfor10yearsontheRecords Fourth Judicial Administrative District,apostheheldforsix the SupremeCourttoappointhimaschiefjudgeof painful puns.Hisstronginterestincourtadministrationled hard workerwhodelightsinsharingjokesandsometimes RETIREMENTS The 12attorneysseekingappointmenttothevacancy Haase’s staff isplanningaretirementpartyinhishonor Haase describedhisadministrativework–especially would runagainsthim.Hehad Haase hasearnedareputationas edition of W. McCroryannouncedthatshe after CourtCommissionerBarbara Gazette 17, 2004. 2004; theprimaryissetforFeb. election willbeheld April 6, end ofhisterminJuly2004. The John H.Lussowwillretireatthe Rock CountyCircuitCourt,Judge time, 12attorneyshadapplied. appoint areplacement;atpress mid-term, thegovernorwill County. BecauseHaaseisretiring years onthebenchin Winnebago January 2004aftermorethan21 and masterpunner, willretirein Scout, barbershopquartetsinger, Judge Robert A. Haase,anEagle In hisyearsonthebench, As reportedinthespring2003 After 24yearsonthebenchin Lussow, 62,told that hedecidedtoretire The Third Branch The Janesville , Bates, William J.Hayes,andJamesD. Wickhem. Judges Association. in RockCounty, andwasdirectorofthe Wisconsin Trial the FifthJudicial Administrative Districtandpresidingjudge judicial administration.Heservedasdeputychiefjudgeof reelected withoutoppositionthreetimes. after workinginprivatepracticefor11 years.Lussowwas but didnottakeoffice until1980.Hesoughtthejudgeship Vilas CountyCircuitCourt Chief JudgeJamesB.Mohr Lincoln CountyCircuitCourt Judge J.MichaelNolan Murray; andNeal A. Nielsen. Atty. Albert Moustakis;CourtCommissionerGinger Commissioner RalphKoopman;Steven M.Lucareli;District the vacancy. They include:MelanieParks Alberts; Court told the certainly missservingthepeopleof Vilas County,” Mohr exhilarating, rewardingandfascinatingjourneyIwill seven timeswithoutopposition.“Ithasbeenanincredible, appointed himtothebench.Hewaselectedpost munication andcooperationamongthevariouscourts. group thatbeganmeetinginMarch1999toimprovecom- member oftheFederal-State-Tribal CourtForum,a getting tothecourthouseinEagleRiver. Healsowasa every monthtoassistlitigantstherewhohaddifficulty He heldcourtontheLacduFlambeaureservation cases andbuildnewprogramsfordisputeresolution. local tribestodeterminejurisdictioninvarioustypesof state-tribal communications. improve itscourtandworkonfosteringimproved Potawatomi tribe.Mohr, 53,willhelpthetribeto November 21totakeajobwiththeForestCounty County CircuitCourtsince1983,resignedeffective Instructions Committee, wasamemberoftheSupreme judicial administration. HeservedontheCivilJury serve inthenewbranch. H. Hartleywaselectedin1999as thefirstjudgeto second branchwascreatedfiveyears ago.JudgeGlenn law. HeservedasLincolnCounty’s onlyjudgeuntila 2004. the primary, ifoneisnecessary, willbeheldFeb.17, July 31,2004. The electionwillbeheld April 6,2004; announced thathewillretirewhenhistermendson County CircuitCourt,JudgeJ.MichaelNolanhas Also seekingelectiontothepostare Attys. R. Alan As acircuitcourtjudge,Mohractivelyworkedwith After 23yearsofserviceonthebenchinLincoln During hisyearsonthebench,Lussowwasactivein Lussow wonahotlycontestedracefortheseatin1979, Six attorneysappliedforgubernatorialappointmentto Mohr was33yearsoldwhenGov. Anthony Earl Chief JudgeJamesB.Mohr, onthebenchin Vilas During hiscareeronthebench, Nolan, 66,wasactivein Nolan waselectedin1980aftera17-yearcareer Vilas CountyNews-Review see . Retirements on page 6 Mohr Chief JudgeJamesB. Judge J.MichaelNolan

THE THIRD BRANCH 2003 Fall 5 Vuvunas Judge EmmanuelJ. 6 2003 Fall

THE THIRD BRANCH and MichaelJ.Piontek. Jennifer Bias,Georgia L.Herrera,JohnS.Jude,JayNixon, seek electiontothepost,including: PublicDefender maintaining agoodrecordandMcLaughlintalkedaboutthe first personIcalledwasJill.” [to appointhimtoanopenjudgeship],”Gablersaid,“the said. “Whenthegovernorcalledmeinsummerof1999 upon metheimportanceofmaintainingrecord,”Gabler pursue othercontactsindifferent schools. the firstofseveralmeetings,andareplanningto with about150students. They hopethiswillbe Day” sessionwhereGablerandMcLaughlinmet Vine’s classes. program. Gabler’s childrenhadbeenstudentsin teacher whocoordinatesa“LunchandtheLaw” the visitbycontactingKrisan Vine, aMemorial Eau ClaireMemorialHighSchool.Gablersetup reporter, recentlymetwithstudentsoverlunchat and McLaughlin,a20-yearveterancourt profession. high schooltospreadthewordaboutcourtreporting Milwaukee County CircuitCourt Judge LeeE.Wells Racine CountyCircuitCourt Judge EmmanuelJ.Vuvunas intention toseektheposition. Corporation CounselDonaldJ.Dunphy–hadannouncedhis chair oftheJudicialConferenceNominatingCommittee. Court’s PlanningandPolicy Advisory Committee,andwas J teamuponrecruitment reporter court Judge, Milwaukee County CircuitCourtsince1981,will retire LEADERSHIP RETIREMENTS At theluncheon,Gablerdiscussedimportanceof At presstime,onlyonecandidate–LincolnCounty This meetingfollowedaFebruary“Career “Twenty-five yearsofpracticinglawhaveimpressed Gabler, whohasbeenajudgeforfouryears, Judge LeeE. Wells, whohasservedinBranch35of the M. McLaughlinareworkinginpartnershipwithalocal udge William M.GablerandOfficial CourtReporterJill possibly formamediation/arbitrationbusiness. to playinbridgetournaments,travelwithhiswife,and ests. Hetold time, energy, andgoodhealthtopursuehismanyinter- court commissionerandanassistantdistrictattorney. four times.Priortobecomingajudge,hewasfamily held April 6,2004;theprimaryissetforFeb.17,2004. the endofhisterminJuly2004. The electionwillbe Racine CountyCircuitCourtfor25years,willretireat Several attorneyshaveannouncedtheirintentionto Vuvunas, 61,wasappointed in1979andelected He saidheisretiringnowsothatwillhavethe Judge EmmanuelJ. Vuvunas, whohasservedin The JournalTimes continued frompage 5 (Racine) thatheplans Judge William M.Gabler going tobeintrouble.” legal profession–judgesandlawyersgetoutthere,we’re “Somebody’s gottodoit,”hesaid.“Ithinkthatunlessthe require leadershipfromjudgesandlawyersaroundthestate. court systeminapollofjudgesandstaff –isgoingto recently rankedasoneofthemostcriticalissuesfacing ‘inaudible’.” ask McLaughlinmorequestionsabouthercareer. The Afterward, about11 students–boysandgirlscameupto She broughtalonghermachineandgaveademonstration. qualifications, skills,pay, andopportunitiesincaptioning. dously.” aspectofthe jobtremen- “I’m goingtomiss the‘people’ friends andcolleagues,learning fromthem,” Wells said. ing. seminars forjudgesandlawyers onevidenceandsentenc- Sentencing Commission,hehas taught continuingeducation formerchair ofthe Wisconsin to serveasareservejudge. A has satineverydivisionduringhis22-yeartenureandhopes and cheeringfortheBadgersPackers. their hobbies–whichincludebiking,hiking,tennis,golf, while theystillhavegoodhealthandtheenergy topursue said, heandhiswifewanttoleavefull-timeemployment ment andthat“IamgivingupajobIlovetodo.”But,he home inFlorida,andtravel. six grandchildren,enjoytheir with theirfouradultchildrenand day. They plantospendmoretime firm, bothareretiringonthesame specialist foraprivateinvestment serve throughJuly31,2005. the vacancy. The appointeewill applications forappointmentto Jim Doylesoonwillbegintaking Wells isleavingmid-term,Gov. effective Feb.14,2004.Because At 62, Wells acknowledgedthatheisyoungforretire- Wells currentlyservesinMilwaukee’s CivilDivision,but Wells and hiswife,apension Gabler saidaddressingthecourtreportershortage– “I alwaysenjoyedattendingthe conferences, seeing „ scripts] endupliberallysprinkledwith She doesn’t knowwhoistalkingand [thetran- tapes,” shesaid,“andthequalityisnotgood. people intotheprofession.“Shetranscribesfrom court reporter, hasinspiredhertorecruityoung a morepublicrole.” difficult timesometimesmakingthetransitionto “Our jobistobeunnoticeable,andwehavea reporters workbehindthescenes,”shesaid. overcome someinitialhesitation.“Court enthusiasmhelpedMcLaughlinto students’ McLaughlin saidhersister, Sandy, anIllinois „ Judge LeeE.Wells 7

AWARDS Fall 2003 Johnson honored at WCRA convention Lawyers – an affiliate of the National Italian American Bar THE THIRD BRANCH Edward H. Johnson, an official court reporter for 22 Association – honored Chief Judge Michael P. Sullivan, years, a leader in both state and national court reporting Milwaukee County Circuit Court, as ‘Jurist of the Year.’ associations, and a stand-up comedian, received the Sullivan, who has served as a judge in Milwaukee Wisconsin Court Reporters Association’s (WCRA) ‘2003 County since 1978, Distinguished Service Award’ at the WCRA’s fall convention was appointed chief in Madison. judge for District I Johnson began his career with the courts in 1981 as (which encompasses reporter for Judge William M. Donovan in Marinette the Milwaukee County. In 1987, he moved to Port Washington to work for County Circuit Judge Warren A. Grady, and now reports for Grady’s Court) this year successor, Judge Tom R. Wolfgram. after the retirement As a state and national leader among his peers, Johnson of Chief Judge has put in countless hours of volunteer time and has traveled Michael J. the country to speak at court reporter meetings – where he Skwierawski. Prior pulls in standing-room- to his election as only crowds for his judge, Sullivan was comedy routines. a court Once a stand-up comic in commissioner for Chief Judge Michael P. Sullivan, Milwaukee County Circuit nightclubs (and at five years. Court, stands fourth from the left, posing with (left to right): Summerfest in Milwaukee Atty. Joseph G. Alioto; Sam Balistreri; Archbishop Timothy Milwaukee), Johnson now County Circuit Dolan; Atty. Dominic Frinzi (kneeling); Atty. Cirino Bruno, president of the National Italian-American Bar Association performs only for court Court Judges John J. headquartered in New York; and Atty. Mark Cameli, president reporters and other justice- DiMotto and Kevin of the Justinian Society of Lawyers. system-related groups. His E. Martens, Court of humor is well-suited to the Appeals Judge Charles B. Schudson, Supreme Court Justice audience. Some of his Diane S. Sykes, and Reserve Judge Raymond Gieringer all latest material lampoons took part in the event. Edward H. Johnson, an official the ‘captioning’ craze: “At Also honored by the Justinian Society of Lawyers were reporter in Ozaukee County our last court reporting Sam Balistreri, who was made ‘Justinian Person of the Year’ Circuit Court and a longtime seminar, we had a great and Archbishop Timothy Dolan, named ‘Person of the Year.’ stand-up comedian, accepts the WCRA award honoring his seminar on captioning. I service to the profession. learned that in captioning, La Crosse County courts win it doesn’t have to be 100 distinguished service award percent verbatim. You just have to get the gist of things. I’m The La Crosse County Circuit Court, whose innovative thinking to myself, ‘just get the gist of things?’ I could be a programs to improve outcomes for families and children in captioner. I’ve been getting the gist of things for 23 years. In court have become a model for the nation, has received the fact, I’m paid quite handsomely by the State of Wisconsin to Wisconsin Association of Mediators’ (WAM) Distinguished be the official court gister.” Service Award for incorporating mediation into everyday Johnson has been president of the WCRA and currently court processes. They are the first ever to receive the award chairs the group's Legislative Committee. He also is as a group. legislative liaison to the National Court Reporters Accepting the award at a Association, for which he helps to organize November 6 ceremony in Madison “Legislative Boot Camps” in Washington, D.C. were Atty. Megan De Vore, assistant Court reporters from across the country attend corporation counsel for La Crosse, boot camp to learn how to testify, how to meet and Judge Dennis G. Montabon, who with legislators and write effective letters, and has been on the bench in La Crosse more. County for 25 years and who helped Johnson and his wife, Kathryn – a special to lead the effort to use mediation in education teacher at Port Washington High cases involving abused and/or School – have two sons, Derek (a freshman at the neglected children (CHIPS cases). University of Wisconsin-Madison), and Trevor (a “We began trying mediation in family sophomore at Port Washington High School). court cases in 1979, and we have built Judge Dennis G. Montabon, La the program slowly and steadily over Sullivan is ‘Jurist of the Year’ Crosse County Circuit Court, these 25 years,” Montabon said. “The During its October 12 Columbus Day accepts the Wisconsin Association key to our program’s success has been of Mediators' award on behalf of celebration, the Wisconsin Justinian Society of the La Crosse courts. see Awards on page 18 Waupaca. fall conferencein nity duringtheir a photoopportu- probate pause for Registers in 8 2003 Fall

THE THIRD BRANCH R Washington CountyCircuitCourt by KayF. Morlen,registerinprobate probate conference se Pro T Burnett CountyCircuitCourt by Roberta Bitler, officialcourtreporter conference focuses onoutreach toyoung andoldalike reporters' Court the waveof justice notedthatprobatehasbeenaforerunnerin services forself-representedlitigants. The chief Shirley S. Abrahamson ontheneedtoimprove how theyarepreserved. reporters aboutoralhistoriesoftheveteransinourstateand from the Wisconsin Veterans Museum,talkedtothe Griffin. GayleMartinson,the Archival Collectionsmanager longtime reporterColey reporting in Wisconsin from ing, andahistoryofcourt research techniques,caption- meeting newfriends. asking questions,and gling withworkingreporters, dents attheconvention,min- very excitingtohavethestu- Technical College.Itwas College andLakeshore TechnicalMadison Area student reportersfrom joined bycloseto100 October 17-19. We were vention inMadisonon (WCRA) helditsfallcon- Jackson County. Lunde, Waukesha County, andKathyPowell, and expressedgratitude tooutgoingofficers Sally Mikula ofRuskCountyfor35years ofservice, Veterans Home. tour byresidentsandstaff ofthe Wisconsin We hadseminarson Finally, theassociationhonoredGenevieve Registers werealsoprovidedan impressive Reporters Association he WisconsinCourt ence in Waupaca heardfromChiefJustice egisters inprobateattendingthefallconfer- issues discussedat pro se „ litigation. Masephol. Register Sherry with WoodCounty hosted theconference LeAnn Wisbrocker Deputy Register Angela Dahleand Waupaca Register the association. welcomed membersof Circuit Court,who Waupaca County John P. Hoffman, program wasJudge Northouse, freelancereporter. Willette, freelancereporter; andPast-PresidentTaunia Court; MaryBurzynski,MarathonCountyCircuitChristine District 10floater;Treasurer Ann Albert, DaneCountyCircuit Stello, Vernon CountyCircuitCourt;Secretary KarlyeCanfield, President Roberta Bitler, BurnettCountyCircuitCourt;Michelle elect KellyPowersJohnson,DaneCountyCircuitCourt; Jackson countyCircuitCourts; Tammy Uhl,captioner;President- Hockersmith, MonroeCountyCircuitCourt;CindyBrandt, BoardofDirectors,fromleft toright,are:Teri Novotny The WCRA Also onthe Brown CountyCircuitCourt by ConnieM.Haefs,juvenilecourtclerk restorative justice about learn Juvenile clerks court Washburn County;and Treasurer Sue Thompson, Vernon County. Ericka Nelson,St CroixCounty; Vice PresidentKarenNord, people whoaresearchingforinformation onanadoption. through the Wisconsin DepartmentofHealthandFamilyServicesto an introductiontothe Adoption SearchProgramthatisavailable College’s alcoholanddrugeducationprogramforyoungadults; and SafeFamilies Act; apresentationonNorthcentral Technical learning experience. workings ofthefacility, andtalkedtostaff andjuveniles. What a Hills. We learnedaboutrestorativejusticeprograms,sawtheinside choices. work, Iforget theseareyoungkidswhohavesimplymadebad How truethatis.Becausesomuchofourjobisprocessingthepaper- think was,“Thesearegoodkids;theyjustmadethewrongchoice.” when theywouldbedischarged. Onestatementthatreallymademe background, whytheyweresentencedtoLincolnHillsSchooland Program). These youngmen didagreatjobtellingusabouttheir School andapresentationbyjuvenileswhohavebeensentthere. hosted theprogram;onehighlightwasatourofLincolnHills critical issuesfacingthecourts.BeckyByerofLincolnCounty Haefs issecretary oftheWisconsin JuvenileCourtClerks Association. M The juvenileclerkselectednew leadership asfollows:President (theCadet Achievement The presenterswereenrolledinCAP Other partsofourprogramincluded:anupdateonthe Adoption presentation,wetouredLincoln On thedayfollowingCAP ered in Wausau inOctoberforaprogramthattouchedonmany embers of Wisconsin’s JuvenileCourtClerks Association gath- across thecountry. of Congresstopreserveveteranshistoriesbyreporters Bitler ispresidentoftheWisconsin CourtReporters Association. „ These efforts havebecomea system OralHistoryProject. time judgesforthecourt scribed interviewswithlong- reporters alsohavetran- served. Wisconsincourt videotapes sotheyarepre- transcripts oftheseaudioand their timetomakewritten took theleadinvolunteering partnering withtheLibrary isnow where theNCRA idea backto Washington, impressed thatshetookthe of ourconventions,wasso (NCRA), whilevisitingone Reporters Association tive fromtheNationalCourt national model;arepresenta- Reporters in Wisconsin „ ˆ Judges timeliness: safety, permanency, dueprocess,and profession sawasmostimportantfor Following aretheissuesthateach teams toidentifykeyissues. tion andworkedinthesesmaller participants weregroupedbyoccupa- performance andworkloadissues,the to makemajorgainsinperformance. have, versuswhattheyneedinorder Judicial workloadanalysistrackstheresourcescourts meeting avarietyofimprovementdeadlinesandothergoals. services) cases:performanceandjudicialworkload. processing ofCHIPS(childinneedprotectionand/or primary factorsthatmustbeconsideredinassessingthe staff, andattorneys. Their discussionsfocusedontwo prosecutors, clerksofcircuitcourt,socialworkers,court major issues. procedural tweaksandplansforlong-termworkonseveral Racine, and Walworth counties)has sparkedideasforsimple ˆ ˆ · ˆ ˆ A by KerryConnelly, districtcourtadministrator for improving CHIPSprocess Second Districtlaysgroundwork ˆ timelines forcompletion ofresponsibilities. Kenosha planstoprovidetraining forsocialworkerson contracts andcosts–alsoisslated forJanuary. Finally, parents inCHIPScases–involving anexaminationof adoptive homes. An assessmentoflegalrepresentation bureautorecruitfosterparentsand 2004, aspeakers’ in sixweeks.Kenoshaalsowillestablish,byJanuary relates toChapter938cases;thisworkwillbecompleted clarify howthe Adoption andSafeFamilies Act (ASFA) protection and/orservices)cases. improve theprocessingofCHIPS(childinneed identify atleastthreechangestheycouldmaketo in theSecondDistrictconferenceworkedtogetherto Making changes After amorningofdiscussionson The programbroughttogetheragroupof28judges, Performance inthesecasesismeasuredbyprogress Clarify the Adoption andSafe Create uniformdatasystemtokeeptrackofcrucialdates Examine alternativestoguardianships,anoverusedand Recruit moregoodfosterandadoptivehomes; Determine whetherChapter880or48offers to Chapter938cases; Families Act (ASFA) asitrelates for out-of-homeplacements; non-permanent solution; Coordinate licensingforfostercareandadoption; the SecondJudicial Administrative District(Kenosha, conference onimprovingchildprotectiveservicesin In In Representatives fromthethreecountiesparticipating Racine County Kenosha County , toimproveaccountability, review , acommitteewillbeformedto Photographic Design Photo credit:BradJaeck, Kenosha CountyCircuitCourt Judge MaryKayWagner, ˆ ˆ ˆ Clerks ˆ ˆ ˆ Social workers ˆ ˆ meet andworkout schedulingissues. cases. The districtattorneyandcorporationcounselwill to improveefficiency, andthere willbelessstackingof have formsreadypriortothehearings inCHIPSmatters temporary physicalcustodyhearings. Legalcounselwill Office willnotifythePublicDefender’s Office ofall investigators onthestandardsusedtoassesschildabuse. Racine alsowillopenadialoguebetweenjudgesand recruitment througha“onechurch/onechild”program. make presentationstofaithcommunitiesimprove bus triptorecruitfosterandadoptiveparentswill CHIPS caseswillbeexamined.Racinealsoplana addition, legalrepresentationforparentsinvolvedin hearings willbesetatthetimeofdisposition.In In Form anoversightcommitteetoreview/monitordatathat Retrieve betterclientinformationoutofCCAP; Set upin-courtprocessingsonooneleavescourtroom Educate aboutroleofchild Involve parentsinthecase Develop timelinesfor Recruit andtraincourtinter- Improve legalrepresentationofparents:thesystemis are produced. without anorder; protective servicesworkers; plan; establishing permanency; preters. inadequate andunderfunded; better alternatives; ˆ parents inthesystem; ˆ ˆ Attorneys language). be mademorespecificincludingreasonableefforts ˆ and neglectallegations; not substantiatechildabuse and provideservices,butdo they assesssafetyandneed obligations. hearings toascertainwhetherpartiesaremeetingtheir Walworth County Address lackofrepresentationtheparents; Ensure thatcourtsarewillingtoconductreview Improve accountabilityofsocialworkersand languageincourtorders(should Improve ASFA , theClerkofCircuitCourt’s Michelle JensenGoodwin Children's CourtImprovementProgramDirector „ see CHIPS page 13 Photo credit:BradJaeck, Photographic Design THE THIRD BRANCH 2003 Fall 9 10

Fall Earned Release Program to open doors in '04 2003 ERP protocol isconsin’s new Earned Release activity. The curriculum includes THE THIRD BRANCH ˆ The offender is convicted of a Program (ERP), designed for three tracks that group offenders W non-violent (Chapter 940 crimes non-violent offenders who have a according to their level of criminal and the following Chapter 948 history of significant drug and/or sophistication, need for social skills offenses are not eligible: 948.02, alcohol abuse that is fueling their training or cognitive behavioral inter- 948.025, 948.03, 948.05, 948.055, crimes, will open its doors in March vention, and their substance abuse 948.06, 948.07, 948.075, 948.08, 2004. Corrections Secretary Matthew history. 948.095). J. Frank is working with his staff to The program also emphasizes ˆ The Department of Corrections develop an implementation plan for reintegration readiness. “It’s not just (DOC) determines eligibility for the program. four walls and keep the Earned Release Program Department staff them contained,” said (ERP) and makes a recommenda- discussed the program Department of tion in the pre-sentence investiga- with the Committee of Corrections Policy tion. In developing criteria to Chief Judges at their Initiatives Advisor determine eligibility, the DOC has October meeting. Anthony Streveler. decided that no offender who has Gov. Jim Doyle “This program is previously been incarcerated for a proposed the program designed to better violent crime will be eligible. and the Legislature prepare inmates for Also ineligible are offenders included it in the successful release to whose current conviction involves biennial budget bill as the community.” This a weapon, such as illegal posses- a way to reduce prison component of the sion of firearm. Still to be deter- populations and give program will cover Corrections Secretary mined is whether read-in charges judges another Matthew J. Frank basics such as securing will count against the offender for sentencing tool. a social security card purposes of ERP eligibility. The six-month program will be and a form of identification, working ˆ At sentencing, the court makes a located in the Drug Abuse with the family and formal determination on eligibility. Corrections Center, a 244-bed community support linkages, finding minimum-security facility in employment, appropriate housing, ˆ The eligible offender is incarcer- Winnebago. Inmates must be classi- and more. The core of the reintegra- ated for at least 25 percent of fied as minimum or minimum tion process, starting at admission to his/her confinement time or six months. Assuming good behavior, community custody in order to be the program, will focus on developing minimum custody classification, eligible. a comprehensive pre-release plan that and an available bed, s/he will be While the statute opens the addresses all critical success factors, transferred into the ERP. program to Truth-in-Sentencing (TIS) engages the inmate, their family and and non-TIS inmates, the Department community support network in an ˆ After the offender successfully of Corrections (DOC) initially will effort to better prepare the inmate for completes the ERP, the process is consider only TIS applicants, as non- successful release and reintegration identical to that for the Challenge TIS offenders are eligible for parole. into the community. Incarceration Program. The judge The program applies to offenders Each inmate will be incarcerated receives a notice from the DOC sentenced on or after July 26, 2003, initially for at least six months or 25 and, within 30 days of receiving the effective date of the law; percent of his/her confinement time the notice, is required to modify offenders convicted prior to that date and then transferred into the ERP. the bifurcated sentence to place may petition the court for participa- Inmates who drop out of Challenge the person on extended supervi- tion in the ERP if they meet the Incarceration Program are barred sion. This is accomplished by reducing confinement and length- statutory requirements and have the from the ERP, and vice versa, to ening extended supervision approval of the DOC, but the ensure against ‘program shopping’. „ without changing the total sen- program will not initially serve this tence. population. For more information on the ERP, Inmates who are placed in the contact Anthony Streveler at (608) ˆ For offenders who are already program will spend seven hours a 240-5801 or incarcerated and petition for day, five days a week, in structured [email protected]. inclusion in the program, judges shall grant or deny the petition no later than 90 days after receiving it. There is no clear word on how a non-response from the judge will be handled. 11

PEOPLE Fall 2003 “After release, no annual day in jail,” proclaimed a age 5. He was never adopted, remaining a ward of Catholic headline in the Oct. 24 edition of the Wisconsin State Social Services. After graduating from high school at 17, he THE THIRD BRANCH Journal. The story quoted from a newly released opinion of could not enter the military because he did not have a last the Court of Appeals, District IV, which nixed the practice name. “That was the loneliest experience of my life . . . of sending defendants back to jail going into the courthouse, explaining the situation, and for one day a year as a way of paying $18.75 for a name,” he later said. Moser was the marking the anniversary of their name of his permanent foster family. Moser died of a rare crime. Judge Charles P. Dykman blood disease April 11 at age 75. A memorial service was wrote the opinion reversing Rock held for him in late October. County Circuit Court Judge James Judge James M. Mason, Wood County Circuit Court, P. Daley’s order. Daley had required recently had to deal personally with the IRS. After filing a a drunk driver to spend the anniver- civil judgment against a litigant for sary of the deadly crash in jail, but submitting false documents in 1993, Judge Charles P. the Court of Appeals said Mason received a notice from the Dykman Wisconsin’s Truth-in-Sentencing IRS that a form had been filed law does not permit a court to impose confinement as a against him stating that he had not condition of supervision. reported a $2,000 transaction. He “DAs to fight layoffs edict,” a story in the Oct. 30 contacted the IRS to find out what Milwaukee Journal Sentinel, discussed the intention of some actions to take to correct the district attorneys to ask the Supreme Court to accept original problem. “I actually got the person jurisdiction in the DAs’ fight with the governor over whose name was on the letter and position cuts. The DAs did file the petition, and the Supreme she helped me through things,” Judge James M. Mason Court has ordered a December response from the adminis- Mason told the Daily Tribune tration. Waukesha County District Atty. Paul Bucher, who (Wisconsin Rapids). “It was a pleasant experience with the was ordered to fire three prosecutors, and Racine County IRS.” He was then a witness at the litigant’s trial in District Atty. Robert Flancher, who was ordered to fire September – an unusual occurrence for a judge. “It was a one, “have vowed to take the lead in launching litigation very interesting experience for me,” Mason said. over the way the administration has parceled out the 15 Surveys taken in La Crosse County on jury duty are prosecutor cuts statewide,” according to the newspaper. showing that most people are taking their civic duty Assistant district seriously. Pam Radtke, clerk of circuit court, told the La attorneys also have Crosse Tribune that exit surveys reveal jurors are leaving been ordered cut with a positive reaction. “What’s interesting is that we see from Dunn, many people change their mind about it after they serve.” Manitowoc, Radtke said. Judge Michael J. Mulroy reassures potential Marquette, jurors who express concern about Milwaukee, Pierce, their abilities, telling them that Rock, St. Croix, thousands of their fellow citizens Sauk, Vernon, and also have served. Waupaca counties. “Criminal charges jolt traffic Judge Ramona A. Gonzalez in The Judge Ramona offenders,” appeared on the front Hague, Netherlands. A. Gonzalez’s page of the Sunday, October 19, recent trip to The Milwaukee Journal Sentinel. The Hague, Netherlands, was highlighted in a front-page story in story described the impact on The Milwaukee Spanish Journal. Gonzalez, La Crosse Milwaukee County of a change in Judge Michael J. County Circuit Court, was one of seven U.S. judges chosen state law last year that criminalized Mulroy to participate in an international conference on kidnapping operating after revocation (OAR). in October. The report said Milwaukee County “Before William R. Moser was an attorney – or prosecutors are filing charges in 320 presiding judge of the Wisconsin Court of Appeals – he was OAR cases every day, and that the a young man without a legal name.” So began a Milwaukee county’s Misdemeanor Division has Journal Sentinel story about the fascinating life of the man handled more than 7,000 additional who served on the Court of Appeals from 1978 until 1992, cases since the law took effect. spending 11 of those years as presiding judge. Moser, the District Court Administrator Bruce story says, was born in a Chicago orphanage and abandoned Harvey told the newspaper that there. He was brought to Milwaukee, a ward of Catholic defendants in OAR cases face a Social Services. He lived in the old St. Vincent Orphanage catch-22: they need to work in order and foster homes until getting a permanent foster home at to pay off their court costs and fines, Bruce Harvey see People on page 17 12

Fall VOLUNTEERS IN THE COURTS 2003 Portage County launches peer court program THE THIRD BRANCH hen a young man steps in front with 20 volunteers, but ended up with of his peers to talk about gang a group of 35. A panel of 31 volunteer W Teen Court will be problems he is having, the entire class students was chosen; they range in age sorely missed is put at ease by the knowledge that from 14 to 18. Involving the they are not alone. Recently, in a Stress community and keeping recidivism While Portage County is Anger Management class in Portage below 10 percent are the goals of the launching a peer court, others County, a boy recounted how he peer court. The Office of Justice are struggling to keep funding. decided not to fight back when a gang Assistance is funding the pilot program “Teen Court will be sorely wanted to brawl. Later, at school, a through a grant for $27,574. No tax missed” was the headline in group of friends tried to talk him into dollars are used. Sheboygan when word got out helping them take revenge. When he Organized and operated by the that the Sheboygan County refused, he Boys & Girls Teen Court program was offi- found that those Club of Portage cially cut. The program who were true County, the already had cut its hours in friends fully program took a half over the summer due to supported his year to plan budget constraints (see The decision. and recently Third Branch, summer 2003). Sasha Vieth, was approved Peer Court by the Justice In Waupaca County, the program Coalition and story is the same. The teen director for Sasha Vieth Judge John V. Finn Stevens Point court is losing funding and is Portage County, believes this is the Area Public School District. Judge currently not accepting new kind of experience kids need to hear John V. Finn, Portage County Circuit cases. Although one school from their peers to validate these types Court, helped to organize the peer district has offered to of decisions. “I could see his story had court with the Boys & Girls Club and contribute $1,000 to the teen a positive effect on others in the class,” serves as chair of the Peer Court court, other groups have she said. “It helps others to hear Committee. Finn appeared before the withdrawn about $35,000 in someone their age discuss real-life school board to explain the initiative. contributions since the issues and how they handled it.” “He’s been great,” said Vieth. Waupaca County Board voted The class is part of a peer court The program focuses on teens – against funding for the program that recently got underway in ages 12 to 16 years old – who receive program in January. Portage County and already is a big citations on school grounds. The most hit. Organizers were hoping to start see Peer Court on page 13

Victim impact panels are “powerful stuff”

n La Crosse recently, about 75 people who had been the reactions of some of the offenders he had ordered to Iconvicted a minimum of two times for drunken driving attend. “This is very powerful stuff,” he told the newspaper. gathered to hear a presentation that the local judges hoped “We’re doing our part to bring home the point that ‘there go would put them on a better track. I, but for the grace of God.’” The offenders heard from John Ottens, a quadriplegic La Crosse began holding these sessions, called victim who has spent the last 24 years in a wheelchair. He was impact panels, in 1997, and presents them four times each injured when a drunken 18-year-old who was driving about year. They are designed to give offenders an up-close look at 110 miles per hour broadsided his car. The driver, who had the devastation that can result from drunk driving. Victims been bar hopping to celebrate his birthday, was killed in the spend about an hour relating their stories as offenders listen. crash. According to an Outagamie County study, 14.7 percent of “I’m only here because of you,” the La Crosse Tribune offenders who attended a victim impact panel committed quoted Ottens as telling the group. “I want to help you so another drunk driving offense; the recidivism rate among that you or someone you love doesn’t end up like me.” those who did not attend was 36.4 percent. „ Joining Ottens in the presentation was Janet Dias, who drank with her boyfriend one evening in June 2000 and then The University of Wisconsin Law School's Resource Center joined him for a motorcycle ride that left her critically on Impaired Driving has published a reference manual on injured and killed him. victim impact panels. To order a copy, call (800) 862-1048 or La Crosse County Circuit Court Judge Dale T. Pasell sat (608) 265-3411. quietly in the back of the room during the meeting, watching S safaris boostcharity carnival attorney's Staff (757) 259-1861. Associate BrendaUekertattheNCSC, tion, contact SeniorCourtResearch Family CourtJudges.Formoreinforma- the NationalCouncilofJuvenileand National CenterforState Courts, and the Bar Association, the American David andLucilePackardFoundation, Project," andisbeingdevelopedbythe cases. Itispart ofthe"Packard performance inchildabuseandneglect Courts thatwillhelpcourts assesstheir from theNationalCenterforState about asoon-to-be-publishedguide Attendees attheconferenceheard Foundation. and ChristopherBeemoftheJohnson the DirectorofState CourtsOffice, Connelly, MichelleJensenGoodwin of District Court Administrator Kerry Gerald P. Ptacekincooperationwith organized bytheOffice ofChiefJudge Foundation, theprogramwas Improvement ProgramandtheJohnson on Great America, whichhasfourofthegamesthatthey church festivals,butrecently, theyrelyalmostexclusively game.” sweeter thanbeatingacarnyathisown And, ofcourse,lifeholdsfewjoys so gamesthatwearevery, very goodat. Hofer said.“BobandInowhavesixor involve hand-eyecoordinationandskill,” in myworkshop.Ifocusontheonesthat ago, Ibeganfabricatingcopiesofthem carnival games,andadozenorsoyears Cancer). Childhood Midwest AthletesAgainst MACC Fund(MACCstandsfor animals ayearforthe Women for winning approximately100stuffed small businessowner, havebeen his highschoolfriend,BobClark,a children’s cancercharity. hobby thatprovidesstuffed animalsfora CHIPS OUTESI H COURTS THE IN VOLUNTEERS For years,HoferandClarkfrequentedtheState Fairand “I’ve alwaysbeenfascinatedby For morethan10years,Hoferand Appeals, DistrictII,hasanunusual taff Atty. RonHofer, Courtof Funded bytheChildren’s Court continued frompage 9 „ The minivan,after aparticularly successfuldayatthefair. organized a haunted house.Currently Halloween, forexample, thevolunteers projects toraiseawareness. At carry out. decide thesentencethatjuvenile must panel looksateachcaseindividually to or attendvictimoffender classes. The work onprojectsrelatedtotheoffense, community service,writeanapology, could beorderedtoperform traits ofaleader. Someoffenders management, valueofeducation,and includes decisionmaking,stressanger life skillsclass,wherethecurriculum October arecurrentlyintherequired who wentthroughthepeercourtin appear inNovember. All fourteenagers additional fourwerescheduledto before thenewlycreatedpanel. An October withfouroffenders coming court. alcohol willnotbereferredtothepeer truancy. Casesthatinvolvedrugs or see aredisorderlyconduct,theft,and common casestheprogramexpectsto Peer Court The peercourtalsoworkson The firstsessionswereheldin continued frompage 12 have tohirekidshelpusschlepthemoutthetruck.” lash themtogetherwithshoestrings,butevenso,weusually visit, althoughourpersonalbestwas37,”Hofersaid.“We prefer. “We usuallywin 15-20large orjumboanimalseach mail [email protected]. contact Vieth at(715)341-4386ore- For moreinformationontheprogram Counties. Waupaca, Wausau,and Winnebago Taylor, Trempealeau, Vernon, Vilas, Marinette, Oconto,Polk,Price,Rusk, Iowa, Jackson,Jefferson, LaCrosse, Clark, Dane,Dodgeville,FondduLac, Brown, Buffalo/Pepin, Chippewa, following counties:Barron,Bayfield, teen courtsin Wisconsin inthe of projectinthefuture. could beassignedtoworkonthistype posters forthiseffort, butoffenders volunteer paneliscurrentlyworkingon of thedangerstobacco. The called “FatalFad”toraiseawareness the programisworkingona There arecurrentlymorethan30 „ „

THE THIRD BRANCH 2003 Fall 13 14

Fall NEW FACES 2003 Amanda Faessler Atty. Nancy M. Rottier THE THIRD BRANCH CCAP Web Administrator Legislative Liaison

The court system’s new Web Administrator is Amanda Atty. Nancy M. Rottier joined Faessler, who works four mornings per week, Monday- the Director of State Courts Office Thursday. as legislative liaison in September. Prior to joining the courts, Faessler worked for the She replaces Sheryl A. Gervasi, who Department of Transportation where she was the Internet has been promoted to the position of and communications coordinator for the Division of deputy director of Court Operations. Transportation Districts for five years. Before joining the Director of Faessler came to Madison in 1995 to attend the State Courts Office, Rottier was in University of Wisconsin. While earning her journalism private practice in Madison. She degree, she played saxophone in the marching band and also practiced law in Oshkosh. Atty. Nancy M. Rottier traveled to the Rose Bowl, Penn State, Big Ten schools, Rottier served as research director Packers games, and more. for the Wisconsin Academy of Trial Lawyers for 17 years Faessler and her husband, Aaron, live in Cross Plains where she was responsible for research on federal and state with their 10-month-old daughter, Malia. legislative proposals affecting the court system and the legal profession. She also worked as a legislative assistant for the Judge James L. Martin state Senate. She holds a bachelor’s degree in political Dane County Circuit Court science and a law degree from the University of Wisconsin. When she is not working, she enjoys playing bridge and Gov. Jim Doyle has appointed following sports of all kinds. She and her husband, Gary former Madison City Atty. James L. Goyke, have two sons. Martin to the Dane County Circuit Court. Martin will begin serving Judge Glenn H. Yamahiro Dec. 1 and will seek election to the Milwaukee County Circuit Court post in April 2004. He fills the vacancy left by Gov. Jim Doyle appointed Judge Paul B. Higginbotham’s Judicial Court Commissioner Glenn appointment to the Wisconsin Court H. Yamahiro to the Milwaukee Judge James L. Martin of Appeals, District IV. County Circuit Court, filling the Martin has been with the vacancy created by the resignation Madison City Attorney’s Office since 1977, working first as of Judge Jacqueline Schellinger. an assistant city attorney and then as city attorney. During Yamahiro was sworn in Nov. 12 and his 25 years with the city, he served as a prosecutor, repre- will run for election in April 2004. sented the city in litigation, provided advice and counsel, The state Elections Board reported and drafted and interpreted legislation. that former Judge Robert Crawford Judge Glenn H. In 2000, he took leave from the City Attorney’s Office to also intends to seek election to this Yamahiro serve as interim director of the Board of Attorneys branch. Professional Responsibility (BAPR). In that role, Martin Prior to becoming a judge, Yamahiro was a judicial court made use of his experience as chair of the State Bar of commissioner assigned to Milwaukee County’s Domestic Wisconsin’s Committee on Professional Ethics to help guide Violence Court, which was created as part of the Judicial the Supreme Court in its work to redesign the lawyer disci- Oversight Initiative to improve the handling of these cases. pline system, now called the Office of Lawyer Regulation. In 2001, he received an award for his work on this initiative. Martin also is a former Racine schoolteacher and a Yamahiro also has served in Milwaukee Small Claims former assistant football coach at the University of Court, and is a former staff attorney for the trial division of Wisconsin, and has worked as a high school and college the Milwaukee branch of the State Public Defender’s Office. basketball official for over 20 years. He received a He received a bachelor’s degree from the University of bachelor’s degree from the University of Dubuque in 1967 Wisconsin-Eau Claire in 1983 and a law degree from the and a law degree from the University of Wisconsin Law University of Wisconsin Law School in 1991. School in 1977. When he finds spare time, Yamahiro likes to golf, hike, Martin and his wife, Debra, live in Madison and have and read. He and his wife Deborah S. Vishny live in one son, David. Glendale with their nine-year-old daughter, Hana. „ were: found tobe“exceptionalinvirtuallyeveryareaexamined” the siteswerenotscoredorranked,thosethatreviewers soon undergo arenovation( Wisconsin’s site,whichwasnotamongthetoppicks,will nation andfoundsixtobeparticularlyimpressive. www.courtinfo.ca.gov California www.uscourts.gov Administrative OfficeoftheU.S.Courts A bestjudicialWebThe sites? www.courts.state.hi.us/index.jsp Hawaii allow searchesof courtrecordsandopinions;provide access pay fineswitha major creditcard.Numerousother links questions orneedtorequestpostponements. that providescounty-by-countycontactsforjurorswhohave brief descriptionsofeachbill;andajurorinformationpage English andSpanish;alistofcourt-relatedlegislationwith federal courtinterpreterexamination. judgment interestratestothedatesandlocationsof audiences, explainingeverythingfromfilingfeesandpost- pages containinformationforavarietyofdifferent individual Web pages. These section arelinkstothecourts’ Appeals, DistrictCourt,orBankruptcyCourt. Within each court s/hewishestoaccess–SupremeCourt,Courtof prominentlink onthishomepageallowstheuserto A This siteincludesanextensiveself-helpcenterinboth This siteallowstheusertoquicklychooselevelof completed areviewofjudicial Web sitesaroundthe n organization called TheJudiciary.org recently see storyonfront page ). While www.courts.state.me.us Maine order. tion ontopicssuchasfilingforatemporaryrestraining to downloadablecourtforms;andprovidedetailedinforma- www.mssc.state.ms.us Mississippi parents; andmore. family courthandbooksforguardians section withinformationforself-representedlitigants; directions toeachcounty’s courthouse;a“HowDoI?” reviewers wrote.Prominentonthehomepagearedriving of the52reviewedtodate,thiswouldbeone,” litigants mightbe lookingfor. compensationdivision,andmany otheroffices that workers’ court, butfordistrictattorneys,the federalcourts,the offer contactinformationnotonlyforjudgesatalllevelsof code.Extensivedirectories an attorneybyname,city, orZIP This sitehasasearchenginethat permitstheusertofind “If wehadtopickjustoneexceptionalHomePageout see ad litem Web sites , lawyers,and on page 23

THE THIRD BRANCH 2003 Fall 15 16

Fall WISCONSIN CONNECTS 2003 Gonzalez participates in conference at that secretly followed judges who were attending a judicial THE THIRD BRANCH The Hague conference and found them golfing, hiking, biking, and Judge Ramona A. Gonzalez, La Crosse County Circuit visiting a spa during the education sessions. Court, was one of seven U.S. judges invited to participate in Judge Ted E. Wedemeyer, Wisconsin Court of Appeals, an international judicial conference on District I, was among the attendees; he received a scholar- child abduction in The Hague, ship for part of the expense and paid the rest himself. Netherlands. The American Bar Association sponsored the presenters’ Gonzalez, who became a La trips. Crosse judge in 1995, is considered the Wisconsin judiciary’s expert on Court leaders meet with visiting international child kidnapping. She dignitaries conducted training sessions on the Justices Patience D. Roggensack and N. Patrick Crooks, topic for her colleagues around the along with Judicial Commission Director James C. Judge Ramona A. state following her participation last April in a five-day Alexander and Director of State Courts A. John Voelker, met Gonzalez (3rd course on international kidnapping at the National Judicial with a group of political leaders from El Salvador and from the right) Nicaragua at the state Capitol in September. The group was in The College in Reno, Nev. Her performance in that course led to Hague, the invitation to represent the U.S. visited Wisconsin under the auspices of the American Netherlands to courts at the international conference. Council of Young Political attend a judicial Other members of the U.S. group Leaders (ACYPL), a non- conference on were Judges Lourdes G. Baird, U.S. profit, bipartisan educational child abduction. District Court, Central District of exchange organization whose California; James Garbolino, Superior aim is to enhance foreign Court of California; Mary W. policy understanding and Sheffield, Phelps County Circuit exposure among rising young Court, Missouri; Fern M. Smith, U.S. American political leaders District Court, Northern District of and their counterparts around the world. California; Paul A. Suttell, Rhode Director of State Courts A. John Voelker and Judicial Island Supreme Court; and John Commission Director James C. Alexander meet with After a dizzying schedule Tunheim, U.S. District Court, political leaders from El Salvador and Nicaragua. of meetings, the group had an Minneapolis. opportunity to partake of some real Wisconsin traditions: The U.S. judges worked side-by-side with judges from they shopped at Madison’s Farmers’ Market, attended a Germany, Austria, France, Netherlands, Spain, Sweden, Chili Cook-Off, and then toured a cheese factory and the Switzerland, Turkey and the United Kingdom. They Berghoff Brewery in Monroe. examined the growing problem of international child abduction, which occurs most frequently when a couple Staff attorney teaches in Guam divorces and one of the parents takes the children to his or by Ronald Hofer, staff attorney her native country. Political and judicial differences between Court of Appeals, District II countries as well as differing societal views on gender roles make child abduction cases difficult for judges. I recently spent a week in Hagatna, Guam, teaching The U.S. State Department’s Bureau of Consular Affairs writing, research, and opinion structure to the justices and sponsored Gonzalez's trip. judges of Guam, American Samoa, Palau, Marshall Islands, Commonwealth of the Northern Mariana Islands, Federated Chief justice, court info officer speak in States of Micronesia, Pohnpei, Kosrae, Chuuk, and Yap. The Victoria, B.C. judiciaries of these island groups, which span thousands of Chief Justice Shirley S. Abrahamson and Court miles of the Pacific, all comprise the Pacific Judicial Information Officer Amanda K. Todd were invited speakers Council, and I was lucky enough to be asked to serve as one at the American Bar Association’s International Appellate of five faculty members for its latest biennial conference. Judges’ Conference in Victoria, British Columbia, in The conference was under the aegis of the National Judicial October. College, which helped pay for my trip in conjunction with Abrahamson, a member of the conference planning the Ninth Circuit Court of Appeals and the Department of committee, participated in a session entitled “Judging as a the Interior. Craft,” which examined the attitudes and virtues of master Of the 80 or so judges, perhaps half had law degrees and craftspeople and found similar qualities in judges. sat in courts that we might find familiar. The other half, Todd participated in sessions on public outreach and however, were the tribal judges, very quiet and reserved, responding to criticism. In addition to discussing case- with little or no formal education, whose courtrooms might specific criticism, she showed examples of behavior-related literally have no walls or floors, because the perfect tropical criticism, including clips from a Colorado television station see Connects on page 19 employees. BlueBookEditor Prosser Jr. Justice DavidT. mountable formanypeople,”Harveysaid. driving, theymissworkandlosetheirjobs.“It’s insur- but inordertoworktheyneeddrive.Ifarecaught described assometimes volatile,takeplaceinthe Outagamie Sheriff BradGehring Reserve ComplexinMilwaukee.Kachinsky, alieutenant Organization, whichdrillsattheSilverSpring Army been namedteamchieffor Team 6ofthe91stLegalSupport Black at alltimes,asdidoneofherfavoritejustices, Abby Bar-Lev section possible. staff attheLegislativeReference Bureaumadetheexpanded Chief JusticeShirleyS. Abrahamson Abby Bar-Lev during hervisitwith PEOPLE visittothestateSupremeCourtinSeptember helped A Municipal Judge . of FoxPointcontinueherroleasjusticeat continued frompage 11 Len Kachinsky monthly brown-bagluncheswith sion atoneoftheSupremeCourt’s The sessions,which leaders concealed firearmstothesessions. Book presencefollowingadiscus- Blue expanding thecommittees’ asked thatcourtstaff workon tees. Justice court system’s moreactivecommit- pages ofinformationonsomethe new editionincludessixadditional been expandedfor2003-04. The the new Wisconsin BlueBookhas Mediation Programhavebrought participants intheFamilyCourt Crescent security,” astoryin Freedom atFortEustis, Va. in supportofOperationIraqi completed asix-monthtourofduty Advocate GeneralCorps,recently colonel inthe Army ReserveJudge “Court programfearsfor The JudicialBranchsectionof Lawrence S.Barish (Appleton), revealedthat , Town ofMenasha,has ai rse Jr. David Prosser Constitution withher copy ofthe and carriesapocket U.S. SupremeCourt, and ajusticeonthe justice, aU.S.senator, state SupremeCourt Lev aspirestobea Abrahamson Justice lunch withChief Milwaukee andhad matters from arguments incriminal watched twooral State. Bar-Lev and NationalGirls’ State Badger Girls’ The Post- Shirley S. Hugo L. . Bar- and his tives thatarein the workstoimproveservice University of Wisconsin LawSchool,revealedtwoinitia- Law Librarian Deputy and intothenewLawEnforcementCenteracrossstreet. moving awayfromthecourthouse because theSheriff’s Departmentis made inalettertocountyofficials the courthouse. The requestwas additional courtsecurityofficer to Department considerassigningan requested thattheSheriff’s made thenewsrecentlywhenhe Marinette CountyCircuitCourt, sessions. Committee toexploremeansoftighteningsecurityatthese with membersoftheCountyBoard’s LawEnforcement Outagamie CountySheriff program supervisor, describedasnotveryeffective. room consistsofapanicbuttonthat County HumanServicesBuilding.Securityinthemediation Michael Davis litigants. Nowakowski,alongwith Judge Center –andanewfocusonserving self-represented announce anewname–theDane CountyLegalResource Judge held apressconferencewithChief State Journal made headlinesinthe the work. because theycouldnotkeepupwith lost fournewhiresinthepastyear the lastdecade,toldboardshe court commissionerandajudgein grown inspiteoftheadditiona fourth judge.Meyer, whosestaff of13.5clerkshasnot the gapwhilecountybeginsprocessofrequestinga increase thecourtcommissioner’s hoursandsalarytobridge whom requestedadditionalhelp.Lundellaskedtheboardto Lundell Croix County. The CountyBoardheardfromJudge contributing toabudgetcrunchforthecircuitcourtinSt. more contentiousfamilycasesare claims. such aschildsupportandsmall and unexpectedlyinroutinematters dangerous situationsarisequickly security becauseoftenthemost the needforadditionalcourthouse told thenewspaperheagreedwith deterrence. Sheriff help, especiallyforthesakeof assigned tothecourthouse,agreedwithneedforon-site The DaneCountyLawLibrary Judge Rapidly risingcaseloadsand Michael N.Nowakowski Darwin Brown and ClerkofCircuitCourt David G. Miron in Septemberwhenit Paula Seeger , andProfessor Mike Kessler Wisconsin , whoiscurrentlythesoleofficer , Brad Gehring , DaneCountyBarPresident atrDickey Walter to Lori Meyer Barb Barczak Judge EricJ.Lundell Sheriff MikeKessler Judge DavidG. Miron see Moria Krueger People plans tomeet of the , bothof pro se on page 18 , the Eric J. ,

THE THIRD BRANCH 2003 Fall 17 18

Fall PEOPLE continued from page 18 AWARDS 2003 litigants at the resource center. First, the bar is recruiting volunteer lawyers to continued from page 7

THE THIRD BRANCH offer advice on a regular basis in the center and second, the UW Law School is working with the judges to design a program to begin a law clinic staffed by its collaborative nature. The judges, students. the defense bar, the District Attorney’s District Court Administrator Scott K. Johnson, a U.S. Air Force major who Office, the Department of Human returned in August from a five-month tour of duty in the Middle East in support Services – we all work together to of Operation Iraqi Freedom, presented a special U.S. flag to the state Supreme make the process better for children Court in honor of Veterans Day. The flag was raised over Iraq on April 18, 2003, and families.” on the 29th day of the war. The flag is now on permanent display in the Supreme Mediating CHIPS cases involves Court’s reception area in the state Capitol. „ bringing together the people involved in the case – the parents, the child’s guardian, attorneys, social workers, perhaps extended family, foster parents, probation and parole agents or a minister – to develop a solution that focuses on resolving the problem and finding ways to prevent future incidents. The proposed solution then goes to a judge for approval. The judge remains involved, reviewing the case every 60 days, until the family is back together or the child is adopted. La Crosse County now handles all of its CHIPS cases through mediation, which generally means they are resolved more quickly and with less acrimony. District Court Administrator Scott K. Johnson, center, presents a flag and plaque to the Supreme Court While many Wisconsin courts during a break in oral argument. Joining Johnson was Colonel Gary Ebben, vice wing commander, 115th encourage mediation, and some Fighter Wing. They presented the flag on behalf of the forces deployed to the Al Minhad Airbase in the mandate it for certain types of cases United Arab Emirates. such as small claims, no other county has woven mediation so seamlessly Milwaukee chosen for national judges' meeting into the fabric of the court process. La Crosse County Circuit Court uses fter four years Also influencing mediation in divorce, child custody Aof effort, the decision was the disputes, small claims court, Milwaukee has national reputation victim/offender conferences, and been chosen to host of the Wisconsin termination of parental rights cases. the July 2006 judiciary, and the Such mediation is either strongly annual conference leadership of Judge encouraged or required depending on of the National Christopher R. the case. Council of Juvenile Foley, presiding “La Crosse County was one of the and Family Court judge in Milwaukee first to adopt mediation as a regular Judges (National Children’s Court. Judge Charles B. Judge Christopher R. part of the court process, and now I Council). Schudson Foley National Council think you will find no other county The announcement President Len which uses mediation to the extent we came shortly after Judge Charles B. Edwards, a juvenile court judge in do,” said Atty./Mediator Thomas L. Schudson, Court of Appeals, District I, California, met Foley and other Rhorer, who is a member of the WAM traveled to the National Council confer- Milwaukee County judges during a visit to board of directors. ence in San Antonio to make a presenta- Milwaukee last year. “Judge Edwards had Among the other states that have tion on Milwaukee’s behalf. Along with come to be very impressed with [Foley’s] studied the La Crosse model are Denver and New Orleans, Milwaukee had leadership and the very creative and deter- California and Florida. In addition, La been selected as a finalist from among mined efforts of many folks he met,” said Crosse was selected in 2002 as one of many candidates. “With the promise of Schudson, who will serve as “host judge” six courts in the nation to help create a cool lakes and breezes, and capped by for the event. guidebook for improving how family Sprecher root-beer floats (the Greater Milwaukee competed three years ago court cases are handled. „ Milwaukee Convention and Visitors’ for this honor and was a finalist. This was Bureau actually brought the suds to San the first year the city was eligible to try Antonio), we won,” Schudson reported. again. „ 19

Fall WISCONSIN CONNECTS continued from page 16 2003

climate makes them unnecessary. Trying to find a common forgotten the bone weariness that only two eight-hour plane THE THIRD BRANCH ground between them was no small order. rides and a trip over the International Date Line can provide. Adding to the challenge was the tribal judges’ in-class use of the betel nut, which turns out to be the planet's fourth Sumi lectures in China most widely used drug, after nicotine, ethanol and caffeine. Judge Maryann Sumi, Dane County Circuit Court, Having, at one time or another, used the other three, I traveled to Shanghai in late September to participate in a accepted when one tribal judge offered me a sample from training program for judges of the Shanghai High his bag of ‘fixins.’ You take half a betel nut, about the size People’s Court. She worked with Professor John of a large walnut, sprinkle lime on it (that’s calcium oxide, Ohnesorge of the University of Wisconsin Law School to not anything from a tree), wrap it in a pepper leaf, cram it in develop and present the materials. your mouth, crunch down on it, and see how long you can The law school’s East Asian Legal Studies Center endure an agoniz- sponsors the program under the leadership of Director ingly bitter taste, Charles Irish. This was the second time a Dane County Judge Maryann Sumi which just happens judge was invited to participate. In 2002, Chief Judge to produce blood- Michael N. Nowakowski was on the faculty for the program. red saliva, which This year, as in 2002, the Shanghai judges followed the you then spit into a session with a trip to Wisconsin to observe court and meet can. If you like with judges here. That took place in mid-November. sweating, and the The goal of the program, one of the first of its kind, is to sensation that your provide the Chinese judges with an introduction to the head has been filled American judiciary to assist them in improving the perform- Ron Hofer with warm mineral ance of their own judiciary. For the past two decades China discusses oil, then betel nut could be your drug of has been involved in a massive undertaking to reshape its courtroom civility choice. I rather suspect, however, that, laws and legal institutions. Education of the judges is key to with judges from like tobacco, one's first experience of it the success of this effort, and the UW Law School and Yap, Chuuk and has little in common with that of the Wisconsin judiciary are playing an important role. Pohnpei. habitual user. Chief Justice Shirley S. Abrahamson presided over a Equally surprising were some of the formal signing ceremony in May 2002 that formalized the cultural mores still observed on some of these islands. A training agreement between the law school and the Shanghai judge from Palau told me of a recent case that had garnered High People’s Court. Abrahamson participated in two weeks great public interest. At a public meeting, a tribal chief had of judicial education in Shanghai and Xian in 1997, and also an argument with some elected official and ordered him to has lectured at the East China Institute of Politics and Law leave. When he did not do so, the chief retrieved a baseball in Shanghai. “These experiences gave me a deep apprecia- bat and hauled off on him, breaking his arm and a few lesser tion for the work that China’s judges have done to improve bones. The chief was charged with battery, but his defense the justice system,” Abrahamson said. “This is no small was simple: “I am a tribal chief. I may kill anyone who does task, but it is a worthy one. We pledge to continue our not do my bidding. This fellow was lucky; I only hit him exchange of ideas in honor of our commitment to justice with a bat.” Surprisingly, this defense did not fly in court, for all people.” and the chief was sentenced to a year in jail. However, the local people were incensed that a tribal chief (who, it turns Cane, Khrushchev join Boston out, actually may kill anyone who doesn’t do his bidding) gathering would be convicted. In fact, the uproar caused the governor Wisconsin Court of Appeals Chief Judge Thomas to pardon the chief the following day. When I asked this Cane traveled to Boston in October for the Chief Judges judge whether tribal chiefs often kill those who disobey Annual Seminar where Professor Sergei Khrushchev of them, she replied sweetly, “Not very often.” Brown University gave a presentation entitled, “Cultural Chief Judge Thomas Legal research, which was one of the topics I taught, is and Civil Differences between the United States and Cane very much a “catch as catch can” endeavor in many of the Russia and Cultivating Democracy.” Khrushchev is the islands. One uses as authority whatever one has on hand, son of the late Soviet leader Nikita Khrushchev. which might be an outdated set of the Pacific Reporter, or The conference was sponsored by the Council of the Federal Reporter, or who knows what. Few can afford Chief Judges of Courts of Appeal in partnership with the to do computer assisted legal research. And those who can American Bar Association; Cane recently was reap- must suffer with extremely slow Internet connections. What pointed for another year to the Council’s Judicial passes for ‘high speed’ in the islands would disappoint even Education Committee. Cane received a partial scholarship a dial-up user over here. from the U.S. Department of Justice and paid for the The chief justice of Guam expressed some interest in remainder out of his own pocket. „ having me back someday. Perhaps by then I will have Professor Sergei Khrushchev 20

Fall CELEBRATING THE SESQUICENTENNIAL 2003 Supreme Court closes sesquicentennial year THE THIRD BRANCH

ere is a parting glance at Wisconsin’s 2003 history Hcelebration by the numbers: more than 40 speeches, two dozen oral history interviews, 20 articles in various publications, seven public service announcements, two exhibits, one book, and one video. The project has become a model for court systems around the nation, and, in September, one of the projects – the Supreme Court Traveling Exhibit – received a national award from the American Judicature Society. Aimed at improving the public’s understanding of the courts, the yearlong celebration was accomplished through the hard work of existing court staff and without the use of state funds. In addition to marking the 150th anniversary of the first sitting of the separate Wisconsin Supreme Court, 2003 was Sheri Carter, who works in the Office of Lawyer Regulation, the 125th anniversary of the creation of the State Bar of lends her voice to the Supreme Court videotape. The video, Wisconsin and the 25th anniversary of the creation of the like all of the sesquicentennial projects, presented many Wisconsin Court of Appeals. opportunities for participation by court staff. The Wisconsin Legal History Committee, organized by Chief Justice Shirley S. Abrahamson and State Bar Past- develop projects with an “Access to Justice” theme in honor President Patricia Ballman, provided oversight for the of the 50th anniversary of Brown v. Board of Education. projects. The committee will continue its work in 2004 to

District II celebrates 25 years

resent and former judges, law clerks, secretaries, and Pstaff attorneys dating back to the 1978 formation of the District II Court of Appeals got together at Merrill Hills Country Club in Waukesha to celebrate the court's 25th anniversary. More than 70 people attended the dinner, including alumni from as far away as California and North Carolina. Ron Hofer, staff attorney for District II and a former law clerk to both Judge Richard S. Current and former Court of Appeals staff had Brown and former Chief Judge plenty of catching up to do at a recent reunion. Here, from left to right, are Deborah J. Watkins, John Decker – the Court of judicial assistant to Judge Daniel P. Anderson; Appeals’ first chief judge – was Margaret Hanrahan, former law clerk to master of ceremonies. Anderson; spouse Tom Hanrahan; Staff Atty. Ron The program began with a Hofer; and Chief Staff Atty. Peg Carlson. collection of “war stories” told by each of the present judges in District II and former Chief Judge Burton Scott. Then, beginning with the “Class of 1978,” the clerks had their turn telling their favorite stories. What was envisioned to be a “short” program turned into Dorothy Fox, left, retired administrative assistant in District II, an hour-and-a-half of laughter. After the program, reunions spent the evening with former colleagues including Chief continued long into the night. Judge Burton A. Scott (far right), who served from 1980-91. The program was the highlight of a two-day event that Other current and former court employees are (standing): began with an informal get-together. All in attendance Patrick Knight, former law clerk to Judge Harold M. Bode; promised to be there for the 50th. „ Brian Anderson, former Scott law clerk; and Staff Atty. Jennifer D. Andrews. 21

Commission continued from front page Fall Hraychuck, Polk County sheriff; Ronald Malone, superin- Commission has three non-voting members: Director of 2003 tendent of the Milwaukee County House of Correction; Atty. State Courts A. John Voelker; Steven A. Casperson, adminis- Gerald Mowris; and Richard Myers, Appleton chief of trator of the Division of Adult Institutions (designee of THE THIRD BRANCH police. Department of Corrections Secretary Matthew J. Frank); and In addition to the gubernatorial appointments, Atty. Parole Commission Chair Lenard Wells. General Peg Lautenschlager recently appointed Daniel P. The Sentencing Commission was created by 2001 Bach, deputy attorney general, as her designee on the com- Wisconsin Act 109 to adopt advisory sentencing guidelines mission; William M. Lennon, Winnebago County district for felonies, provide data regarding the costs associated with attorney, as the prosecutors’ representative; and Patti Seger, sentencing practices, study whether race is a factor in sen- Coalition Against Domestic Violence, as the crime victims’ tencing, and analyze sentencing statistics by region through- representative. out the state. „ The Supreme Court, along with leaders in both houses of the Legislature, the State Bar of Wisconsin, and the State Editor’s note: Atty. Nancy Rottier is the court system’s Public Defender’s Office, previously had named their recently appointed legislative liaison. She can be reached at appointees to the commission. (608) 267-9733 or [email protected]. In addition to its 18 voting members, the Sentencing

Meet the commissioners

Susan R. Steingass, chair, is director of Patrick J. Fiedler has been a Dane Communication and Advocacy Programs County Circuit Court judge since his as well as an instructor at the University appointment in 1993. He previously of Wisconsin Law School. She also is of served as secretary of the Department of counsel at Habush, Habush & Rottier in Corrections and also as U.S. attorney for Madison. Steingass served for eight years as a circuit the Western District of Wisconsin. Fiedler also served court judge in Dane County, is a former president of the on the Criminal Penalties Study Committee that rewrote State Bar of Wisconsin and is currently president of the Wisconsin’s criminal code in preparation for Truth-in- Wisconsin Alumni Association and the Fund for Equal Sentencing. Justice. Ann Hraychuck of Balsam Lake is Daniel P. Bach is the deputy attorney serving her second term as Polk County general. He previously served as assis- sheriff and has been employed by the tant U.S. attorney for the Western Polk County Sheriff’s Department for 30 District of Wisconsin. years.

Garey Bies is a Republican state repre- Elsa C. Lamelas has been a Milwaukee sentative from Sister Bay. He is in his County Circuit Court judge since her second two-year term in the Assembly, appointment in 1993. She previously and chairs the Committee on Corrections served as deputy U.S. attorney and assis- and the Courts. tant U.S. attorney for the Eastern District of Wisconsin, as well as assistant district attorney in John A. Birdsall of Milwaukee has Milwaukee County. Lamelas also served on the been a trial attorney since 1989, concen- Criminal Penalties Study Committee. trating his practice in criminal defense. Since 1995, he has been chief lobbyist William M. Lennon is district attorney and a member of the board of directors of Winnebago County. Prior to his elec- for both the Wisconsin Association of Criminal Defense tion to this post in 2002, Lennon served Lawyers (currently president-elect), and the Criminal as an assistant district attorney in Law Section of the State Bar of Wisconsin (currently Waupaca County for 16 years. chair). Ronald Malone, Oak Creek, is superin- Louis B. Butler Jr. has been a tendent of the Milwaukee County House Milwaukee County Circuit Court judge of Correction. since his election in 2002. Previously, he served as a Milwaukee municipal judge for 10 years. see Commissioners on page 23 22

Fall Daytime court shows give skewed view 2003 nce the stronghold of soap operas, daytime TV is now given

THE THIRD BRANCH O over to ‘reality’ court shows. There are currently at least 10 such programs and in many television markets it is possible to watch them nearly all day. All are hosted either by former judges or by lawyers who dress up in black robes. Cheap to produce and popular with viewers (they are outpacing the soaps in ratings), these shows are raising concerns among judges, lawyers, and academics. What effect, they ask, might these portrayals of court proceedings have on the perceptions and expectations of jurors and Judge Joe Brown’s Web site. Brown, a former criminal court judge in Memphis, Tenn., litigants? is one of TV’s most popular judges. The question has been explored in articles such as Judging Judy, Mablean and Mills: how courtroom programs use law to parade private lives to mass audiences (UCLA One judge’s approach Entertainment Law Review, summer 2001); and Should we blame Judge Judy? The messages TV courtrooms send Editor’s note: Milwaukee County Circuit Court viewers (Judicature, summer 2002). Judge John DiMotto gives the following remarks This fall’s Wisconsin Judicial Conference featured a to his juries to try to mitigate the impact of televi- discussion on the subject, moderated by Judge Mel sion depictions of the justice system: Flanagan, Milwaukee County Circuit Court. Panelists included Professor Donald H.J. Hermann, who teaches Law What occurs here is and Popular Culture at DePaul University College of Law. not what you see on TV. Hermann had not previously considered the effect of these I love to watch TV shows and, after watching a full day of them, decided to dramas like “Law and revamp his syllabus. He saw “judges” who: Order” but they are not the real world and things z Called female litigants “sweetie” don’t operate like that. z Encouraged litigants to digress from the proceedings On TV, court proceed- to demonstrate skills such as rapping ings begin promptly at 9 z Liberally peppered their remarks with racist observa- Judge John DiMotto p.m. and everything is tions such as – to a white man having trouble with his neatly wrapped up at five Hispanic in-laws – “don’t they know crackers and minutes to 10 with commercial breaks every beans go together?” quarter hour. If only life were so simple. We are not operating according to a script. He discussed research that shows frequent viewers Sometimes we have emergencies and other things expect judges to interrupt litigants with pointed questions that come up that must be handled immediately, and to articulate their personal beliefs about the litigants’ for this isn’t the only case I have on my docket. credibility. When judges are silent, Hermann said, these So, there may be times that we shall ask for your frequent viewers tend to read into that silence agreement patience as we handle another matter and you will with one side or the other. be asked to wait in the jury room. Assistant District Atty. Miriam S. Falk, who prosecutes The good news, for those who have watched sex crimes in Milwaukee County, told the audience that some of those “judge” shows such as “Judge televised trials – actual or fictional – have resulted in some Judy” or “Judge Joe Brown,” is that judges do not acquittals in cases that she thought were airtight. For really act like that. We do not yell at people in example, she said, an accused child molester was acquitted court. We do not conduct ourselves in the sarcastic by a jury that decided police should have strung crime-scene and arrogant manner of the TV judges. They tape around the family’s home. unfortunately create a misimpression about our courts. Atty. Ed Garvey, who has been involved in many high- We value your time and the public service you profile cases, and Judge Kitty K. Brennan, Milwaukee are performing here. This is not Hollywood. It is County Circuit Court, also participated on the panel. Both real life, and you are playing a lead role. Thank urged the judges in the audience to address jurors on these you. „ issues during voir dire. It is important, Brennan said, to explain that real court is nothing like ‘reality’ court (see sidebar for one judge’s approach to this). „ The Third Branch (608) 267-0980 fax [email protected] e-mail (608) 264-6256 phone Madison, WI53701-1688 P.O. Box1688 Court InformationOfficer Amanda K.Todd and articleideasto: Send questions,comments, court system. interest totheWisconsin Office, providingnewsof Director ofState Courts terly publicationofthe The ThirdBranch C. ColleenFlesher Graphic Design/Layout Court Iowa CountyClerkofCircuit Carolyn Olson District TenCourt Administrator Gregg T. Moore Vernon CountyCircuitCourt Hon. MichaelJ.Rosborough Editorial Committee Dan Wassink A. JohnVoelker Nancy M.Rottier Kay F. Morlen Ronald Hofer Connie M.Haefs Kerry Connelly Margaret Brady Roberta Bitler Contributing Writers C. ColleenFlesher Associate Editor Amanda K.Todd Editor A. JohnVoelker Director ofState Courts Shirley S. Abrahamson Chief Justice www.wicourts.gov is aquar- www.ncsconline.org National CenterforState Courts Commissioners diciary.org/web_eval/web_eval.html. To view theWeb sites fromall50states, along withbriefcomments fromthereviewers,gotowww.theju- and hasbeenthecouncil’s chairsince2000. the Assembly beforebeingelectedtotheSenate. Finance forfouryears.Sheservedyearsin programs, andmore. contains analphabeticallistof100 topics,eachwithlinkstoresearchreports,experts,educational contains informationontheissues raisedincurrenthigh-profiletrials. The CourtTopics section continuallychangingResourcePage judges tojournalistsandmembers ofthegeneralpublic. A Web sites The NCSC’s homepagepresentslinksforavarietyofaudiences, from courtadministratorsand anniversary. recently celebratedits25th Against Domestic Violence, which coordinator fortheCoalition Patti Seger Wisconsin Crime Victims Council judicial representativetothe his electionin1987.Heisthe County CircuitCourtjudgesince J.Naze Peter Association. Wisconsin ChiefsofPolice He isthepastpresidentof of policein Appleton since1995. Richard Myers State Barof Wisconsin. also aformerpresidentofthe Kirkhuff, S.C.inMadisonandis Pellino, Rosen,Mowris& Gerald W.Mowris member oftheJointCommitteeon Senate since1993,andhasbeena Milwaukee. Shehasservedinthe Democratic statesenatorfrom Gwendolynne S.Moore continued frompage 15 „ continued frompage 22 is policydevelopment has beenaBrown has beenthechief is apartnerat is a Assembly. Senate, Zienservedfouryearsinthestate Senate since1993;priortohiselectionthe Corrections andPrivacy. Hehas servedinthe 2001. Planning andPolicy Advisory Committeesince served asamemberoftheSupremeCourt’s Sentencing Commission. leader, andin1995,chairedtheprevious „ 1991-94, heservedasmajority state Assembly since1978.From Travis hasbeenamemberofthe state representativefromMadison. David M. Travis office since1979.Hehasalso Office since1994andwiththe in theState PublicDefender’s been directorofthe Trial Division L. Michael Tobin Committee ontheJudiciary, the stateSenateandchairof is theassistantmajorityleaderof state senatorfromEauClaire.Zien Zien David A. is aRepublican is aDemocratic of Madisonhas