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The Third Branch, Spring 2011

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The Third Branch, Spring 2011 Vol 19 No 2 H I G H L I G H T S Spring 2011 3 Supreme Court recount continues 7 Judges take center stage at community events 3 Six new judges elected 10 Evaluating a drug court program 6 Key staff members stepping down 14 Leadership: Racine judge connects with students h Many longtime judges stepping down ong-serving judges from across Wisconsin are retiring Like some of his Court of Appeals colleagues, Anderson Lthis spring and summer. In this article, six retiring judges brought to the appellate court a wealth of experience on the are featured. They are: Daniel P. Anderson, Darryl W. Deets, trial bench. When he was just five years out of law school, isconsin Judiciary Harold V. Froehlich, Thomas G. Grover, Robert A. Hawley he was appointed as a county court judge in Sheboygan and William M. McMonigal. In the summer and fall editions, County. He later became a circuit court judge and served more retirees will be featured. The current list includes until his 1990 election to District II, headquartered in Judges Edward E. Leineweber, Richland County; and Donald Waukesha. A. Poppy, Calumet County. “I have always thought being a judge on the Court of anc Appeals was the best kept secret in the state,” he said. “You get to work with personable and intelligent people … and Judge Daniel P. Anderson a publication of the W they pay you to think seriously about the law.” Wisconsin Court of Appeals, District II Anderson found a great deal of satisfaction in writing Judge Daniel P. Anderson, one of the state’s longest- opinions. He is particularly proud of his decision in State v. serving judges, will retire in late June, two years before his Arvid Dean, which established that when a defendant is term expires. He plans to mark the occasion by sailing to indigent but does not qualify for representation by the State England on the Queen Mary 2 and taking part in a D-Day history program. see Retirements on page 4 Governor submits biennial budget to Legislature By Deborah Brescoll, Budget and Policy Officer d Br ov. Scott Walker’s proposed budget, now working its County Assess, Inform and Measure (AIM) and Treatment Gway through the Legislature, contains 14 key provisions Alternatives and Diversion (TAD) programs. that will affect the courts. They are as follows: lAuthorize a county board to direct its clerk of circuit court lReduce court appropriations to reflect estimated saving to operate a courthouse self-help center and to impose fees associated with higher employee retirement and health for services. Specify in statute specific services to be premium payments. provided at the self-help center, and prohibit anyone who lReduce court appropriations by 10 percent, excluding works for, or volunteers at, the center from providing legal salaries and fringe benefits, to balance the budget. advice at the center. l l hir Require the secretary of the Department of Administration Separate Part B of the crime victim and witness assistance (DOA) to lapse to the General Fund $638,200 annually surcharge into Parts B and C to ease the proper distribution from court program revenue (non-tax funded) of funds. appropriations. lRemove CCAP’s direct receipt of certain justice The court system’s response information systems surcharge (JISS) revenues. Instead, Chief Justice Shirley S. Abrahamson appeared before the T provide that CCAP funding from JISS revenues would Joint Committee on Finance March 29 to raise several court come from a new receipts appropriation under DOA. system concerns with the budget bills relating to the lMake a project auditor position permanent to help independence of the judicial branch, including: standardize county reporting of court costs and revenues. lThat the long-term stability and court control of CCAP lProvide additional funding, from JISS revenues, for funding are threatened with the transfer of JISS revenues reimbursements to counties for court interpreter services. from CCAP to DOA. lProvide one-time funding for the Wisconsin State Law lThat the lapses from court program revenue appropriations Library to purchase West’s National Reporter System on would be determined by DOA, not under the Supreme DVD, funded with discretionary legal settlement funds Court’s authority. he collected by the Department of Justice. lThat state mandates relating to self-help centers would lRepeal a variety of sentencing provisions created under establish and impose fees for center services. 2009 Act 28, including risk reduction sentences, positive lThat judicial compensation currently is proposed by an adjustment time, and the Department of Corrections’ agency under DOA. The Supreme Court proposed a authority for early release and discharge from extended judicial compensation commission. T supervision and probation. The Director of State Courts Office and the Chief Justice lModify statutory provisions concerning Supreme Court will be working over the coming weeks in an effort to get campaign financing. these concerns addressed through budget amendments. lEliminate funding (currently provided by JISS revenues) for indigent civil legal services. The budget process lEliminate earmarked grant funding for Court-Appointed Walker’s budget was introduced in two identical bills Special Advocate (CASA) programs. called Senate Bill 27 and Assembly Bill 40 (SB 27/AB 40) lEliminate earmarked grant funding for the Milwaukee see Budget on page 13 www.wicourts.gov 2 Spring Director’s column: CCAP keeps court system running 2011 THIRD BRANCH smoothly behind the scenes THE By A. John Voelker, Director of State Courts ver the years, I have had countless discussions with Other justice system partners and state agencies also rely Olegislators, reporters, state agency representatives, other heavily on the accurate and timely information provided state court administrators, and members of the public about through electronic interfaces, including the Department of the Consolidated Court Automation Programs (CCAP). Gov. Revenue, Crime Information Bureau, Department of Scott Walker’s biennial budget proposal will require Transportation, district attorneys, law enforcement, state additional discussions in the public defenders and the Department of Workforce coming weeks. Development. No matter to whom I am It isn’t unusual to read about large information technology talking, I always find myself (IT) projects that are significantly over budget or fail explaining all the different altogether. This happens both in the public and private functions that CCAP supports. sector. Some of the information technology literature puts The reaction usually is one of the failure rates of IT projects as high as 70 percent. We are surprise because most people fortunate in the court system that we have overcome the think CCAP is just a Web site odds. that allows access to court I was reading an article recently that hit home with me records. While this application, because I think it describes why CCAP has been successful. known as Wisconsin Circuit The article noted that it is necessary to have effective Court Access, or WCCA, project management in place, but in the end a successful IT A. John Voelker receives between two and three project has three characteristics. million requests a day, it’s just one of the many services First, it delivers value to the organization. There is no CCAP provides. debate about the value CCAP provides to judges, clerk of In 2012, CCAP will mark its 25th anniversary. By this court staff, and attorneys in ensuring the effective delivery time, Portage County will be the 72nd and final county to of court services. This includes core functions such as fully implement CCAP, making it truly a statewide system. managing the case events for the 1,014,235 filings the Since 2003 we have had 71 counties participating. The fact courts receive on an annual basis, processing and that we will have this level of voluntary participation speaks accounting for the nearly 18,000 financial transactions that volumes. occur on a daily basis, and ensuring the effective use of the Why would counties voluntarily participate? Let’s look at 68,000 people that report to our courthouses each year for some potential reasons: jury duty (of that number, about 20,000 actually served on a lCCAP provides tremendous jury in 2010). In addition, customer support and service CCAP provides for lCCAP provides consistent innovations such as eFiling case management for judges, and public kiosks. clerks of circuit and court Second, collaboration is staff in each county essential. CCAP has worked lPrograms are custom built to with court and county meet the specific needs of personnel in 72 different the Wisconsin court system counties. In addition, CCAP and its record-keeping has developed effective requirements working relationships with a lThe system is automated and variety of executive branch updated essentially in real agencies to ensure that both time, with entries made by the courts and state clerks of circuit court government as a whole CCAP managers reviewing changes to the Judicial throughout the state Dashboard statistics. From left to right: Tim Duggan, Andrea operate efficiently by lThe system provides the Olson, Jean Bousquet and Ken McKelvey electronically sharing appropriate interface and information. level of access for various users, including the public, Third, successful projects find ways to engage the users. justice system partners and state agencies The CCAP Steering Committee members and the numerous lUsers can share innovation and ideas that can be individuals who have served on design committees have all implemented statewide provided invaluable user perspectives that have driven CCAP doesn’t stop with the circuit courts. CCAP development. Currently, CCAP’s staff supports In 2001, CCAP expanded its role to providing information approximately 2800 users in more than 80 locations. system support to the Supreme Court, Court of Appeals, and It might be hard to implement a significant IT project the administrative offices.
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