Vol 20 No 4 HIGHLIGHTS Fall 2 Director’s column 10 CCIP Permanancy Training 2012 4 Sports 12 Language Access Summit 6 Retirements 18 People 8 Judicial Conference 23 Firearm Surrender a publication of the Wisconsin Judiciary a publication of the Wisconsin Chief Justice Shirley S. Abrahamson, center, addresses the audience gathered to hear oral argument during the Supreme Court’s Justice on Wheels visit to Monroe in Green County on Nov. 5. Also pictured, from left to right, are justices Annette Kingsland Ziegler, David T. Prosser, Ann Walsh Bradley, N. Patrick Crooks, Patience Drake Roggensack and Michael J. Gableman. The visit marked the Court’s 23rd Justice on Wheels trip since 1993. Supreme Court draws crowd in Green County bout 250 people turned out to watch oral arguments at winner read her essay aloud for the Court and audience. This Athe new Green County Justice Center when the year, the first-place winner was Allison Brennan of St. Victor Wisconsin Supreme Court made an historic visit there Nov. School in Monroe; second place, Henry Schluesche of St. 5. Following tradition, the Court opened its visit with a Victor School; third place, Bryce Shimko of Albrecht welcome ceremony that included state legislators, county Elementary School. board supervisors and other local elected officials and The justices also attended a luncheon at Turner Hall hosted community leaders. by the Green County Bar Association and addressed a large The Court also presented awards to three local fifth graders gathering at the Behring Senior Center. who participated in the Supreme Court Essay Contest. The This was the Supreme Court’s 23rd trip as part of Justice contest has been run since 1995, and proves to be a highlight on Wheels, which was launched in 1993 to help improve of each of the Court’s trips. The top three essayists received public understanding of the Supreme Court. Each term, a plaques signed by all seven justices, and the first-place different location is selected. n

OBITUARIES Judge John L. Coffey U.S. Court of Appeals, Seventh Circuit Wisconsin Supreme Court Milwaukee County Circuit U.S. Court of Appeals Judge and former Wisconsin Supreme Court Justice John L. Coffey passed away on Nov. 10 at the age of 90. Coffey served on the Wisconsin Supreme Court from 1977 until his appointment to the U.S. Court of Appeals Seventh Circuit bench by President Ronald Reagan in 1981. Coffey served in the U.S. Navy

during World War II. A graduate Sgt. Jeremy M. Wilson, Photo Credit: Staff Air Refueling Wing 128th of Marquette University and In carrying out his duties as a U.S. Air Force colonel, District 10 Marquette University Law Court Administrator Scott K. Johnson, (AKA: Col. Scott The Third Branch School, Coffey was appointed Johnson, Mission Support Group commander, 128th Air city attorney for Milwaukee in Refueling Wing), greets President Barack Obama Nov. 3 at the Wisconsin Air National Guard base in Milwaukee. Obama was 1949. He was elected a civil court in Milwaukee to make an appearance at the Delta Convention judge for Milwaukee County in Center downtown. Johnson, who was promoted to colonel by 1954, and elected a municipal the Air Force earlier this year, has served in the military for judge in 1960, before being more than 30 years and been deployed more than 40 times. Judge John L. Coffey Greeting the president, who also serves as commander in chief see Obituaries on page15 of the military, was a distinct honor, Johnson said. www.wicourts.gov 2

Fall 2012 Director’s column: Legislative agenda requires proactive approach THE THIRD BRANCH By A. John Voelker, Director of State Courts Proactive. The dictionary defines it as “acting in advance l Remove an outdated provision in s. 59.40(2)(j), to deal with an expected difficulty.” Stephen Covey, author Wis. Stats., relating to lists of notaries public. of The 7 Habits of Highly Effective People, notes that “If The Legislative Committee hopes to finalize the you’re proactive, you don’t have to wait for circumstances legislative agenda by the end of the year. It is our hope that or other people to create perspective expanding experiences. starting the legislative session with specific ideas will You can consciously create your enhance our potential for success. Your participation, either own.” with new ideas, comments on current bill drafts, or by On the same topic of communicating with your local legislators will also preparation, Bobby Knight stated, contribute to our success. “The will to win is not as Another area in which we are being proactive involves the important as the will to prepare to state budget, which will be introduced by the governor in win.” February. Our budget, developed with the guidance of the As campaigns end, and the Supreme Court’s Planning and Policy Advisory Committee results of the November election (PPAC), reflects our initiatives as a court system and as a become final, a new Legislature partner with Wisconsin counties. will start its work in January. Initiatives in our 2013-15 state budget include: If this session is like others we l Judicial Compensation: Requests a 6.54 percent could see as many as 1,300 bills increase to judicial salaries, which would bring salaries A. John Voelker introduced over the coming closer to the national average. This is a significant months. A number of these bills will likely affect the courts institutional issue. A recent editorial in the Wisconsin to some extent, some significantly. As the bills are State Journal, which supports the idea of pay raises for introduced and work their way through the legislative state employees, noted: “No operation public or private process, we will monitor and react to these bills, with the can keep talent if compensation languishes for too guidance of the Judicial Conference Legislative Committee. long.” The editorial went on to note that “a bump in pay However, to make the most of a legislative session, we is warranted for a job well done.” also need to be proactive. We need to act in advance. We l Consolidation and Formula Revision of the County need to create our own legislative agenda. Circuit Courts’ Financial Assistance Programs: Combine Since July, the Legislative Committee has been soliciting the circuit court support payment program and Guardian ideas for legislative change. Changes that address system ad Litem payment program into one program to add needs or alleviate systemic problems, both large and small. $7.3 million in each year of the biennium. Create a new Some ideas have already been drafted into bills that can be formula to divide the combined funds using the number introduced at the start of the session. Other issues are being of circuit court branches, the judicial need, and the studied and monitored so we are prepared to act when amount of collection by each county. necessary. l Small claims clerk of circuit courts fee: Raise to $31 Some of the highlights of the current legislative agenda to help the counties recoup the amount of money they include drafts on the following topics: lost when the small claims jurisdictional limit was l Expunction - expand Wis. Stat. § 973.015 to include changed. forfeiture actions, dismissed and acquittal cases; petition l Staff Attorney Position/Court of Appeals: Add a new may be brought at any time regardless of age. While this staff attorney position with the Court of Appeals to bill is drafted, revision is likely to continue, based on assist with a shift in the workload. feedback. l Non-judicial Compensation Plan: Change to provide l Judicial Council - comprehensive revision to the access to the non-judicial compensation money that is Criminal Code, which is still being revised for possible put aside for merit pay in the other branches of introduction sometime during the legislative session. government. This will allow us to access that fund for l Judgeship Bill – The Committee of Chief Judges and funding increases for non-judicial employees. its workload subcommittee will continue to evaluate l Out-of-State Interpreter Travel: Eliminate the in-state- judicial workload and the number of judicial officers only restrictions placed on travel that is reimbursed to required to carry out the work of the courts. out-of-state interpreters per Wis. Stat. § 814.67(1)(c) to l Statutory Clean-up bills, including: reimburse out-of-state interpreters for their out-of-state l Change s. 230.33(1), Wis. Stats., to prohibit a mileage up to 200 miles – 100 miles each way. person appointed to a judicial vacancy by the At times, the legislative process can be challenging or governor from taking an unpaid leave of absence discouraging. But, as Michael Jordan said: “If you accept from a state agency. the expectations of others, especially negative ones, then l Amend s. 972.02(2), Wis. Stats., to bring its you never will change the outcome. n provisions in line with case law outlawing six- person juries in criminal misdemeanor cases. and materials. understanding oftherolecourtsamongadults. outreach andeducationprogramdevelopedtohelpimprove contact Leineweberbyphone,(608) 604-6515orbye-mail: subcommittee. Leineweber, chairofthe effective itwillbe,”saidReserveJudgeEdwardE. more judgeswhoparticipateinthe program,themore program isscheduledtobeginin Wisconsin in April 2013. informational presentationstocommunitygroups. The legal professionalsmakeplannedvisitsandformal replicate past fiveyears. presentations tomorethan10,000Coloradoresidentsinthe Colorado, whichhasprovidedmorethan350educational T State Barseeks [email protected] f utc altht iieso Wisconsin Justice tocitizens Bablitch of of Law FoundationWisconsin portrait presents also servedintheLegislature,asmajorityleader and itmadeadifference inmyown feelingforthecourt.He across washowmuchhelovedthewholefiberofCourt, citizens intheSupremeCourtHearingRoom:“Whatcame a timewhenhisfriendBablitchwasaddressinggroupof N. PatrickCrooksspokeonbehalfoftheCourt.Herecalled Capitol. will hangwithotherportraitsofformerjusticesinthestate behalf oftheCourtbyChiefJusticeShirleyS. Abrahamson, arm oftheState Barof Wisconsin. The portrait,acceptedon Wisconsin LawFoundation,thecharitableandeducational T The programisbasedonthe Judges interestedinvolunteering forOurCourtsshould “Judges areoftenrecognizedascommunityleaders. The The State Bar’s PublicEducationCommitteehopesto During abriefdedicationceremonyonNov. 15,Justice serve aspresentersfor he State Barof Wisconsin isseekingvolunteerjudgesto portrait ofthelateJustice William A. Bablitchfromthe he Wisconsin SupremeCourtrecentlyaccepteda Our CourtsColorado n Our Courts’ Our CourtsWisconsin The State Barprovides training Our Courts in whichjudgesandother speakers recruitment program in Our Courts – apublic 7 inLakeGeneva. Annual Meeting of theWisconsin JudicialConference onNov. volunteer opportunitieswithfellow judgesduringthe2012 Reserve JudgeEdwardE.Leineweber discusses the justiceswhohadservedoncourt. with the Wisconsin SupremeCourttoobtainpicturesofall In 1965,the Wisconsin LawFoundationbeganworking said. and itsplacementinourstateCapitol. Thank you,”Milne its citizenswillbememorializedthroughthislovelyportrait to knowthathiscommitmentthestateof Wisconsin and distinguished legalandpublicservicecareer. Itisanhonor you hasplayedasignificantanduniquepartinBill’s and thefoundationforhonoringherhusband,“Eachoneof behalf oftheCourt,”Crookssaid. state Senate. We arehonoredtoacceptthisportraiton Bablitch servedontheSupremeCourtfrom1983to2003. Bablitch’s widow, Ann Milne,acknowledgedtheCourt volunteers David T. ProsserJr. Crooks, andJustice Justice N.Patrick Shirley S. Abrahamson, Bradley, ChiefJustice Walsh Justice Ann Milne, Crooks, Ann Jon P. Axelrod, Kristin were Susan Axelrod, attended, fromleft, Among thosewho ceremony Nov. 15. Court duringabrief Wisconsin Supreme presented tothe William A. Bablitchwas Supreme CourtJustice A portraitofthelate n Our Courts

THE THIRD BRANCH 2012 Fall 3 4

Fall 2012 Judges ditch robes to compete in marathons, triathlons THE THIRD BRANCH When The Third Branch began receiving (Again, for reports that several Wisconsin judges had ditched obvious their robes for athletic gear during the summer, reasons, The we decided it was worth a little fanfare. In fact, Third Branch we created our own sports page to trumpet the did not inquire activity. While we don’t anticipate ESPN will be as to who may picking up any of our coverage, we hope to have crossed recognize judges who take on a challenge. the finish line We’ve collected a few items for this edition, but first). would like to add anything we missed in a future Ziegler, who edition. Please send us a note if you’ve recently also participated been in an athletic competition or know a fellow in some recent judge who has and it’s not included. organized runs Here’s a wrap up of some the competitive and bicycle accomplishments, along with a few interesting events, said she side notes. decided to Supreme Court Justice Annette District I Court of Appeals Judge Kitty K. compete in the Kingsland Ziegler, right, and Brennan competed in two sprint-distance sprint triathlon District I Court of Appeals triathlons, including the Door County Triathlon at at the prompting Judge Kitty K. Brennan at the Egg Harbor, and the Danskin Triathlon at of friends, and Danskin Triathlon in Pleasant Pleasant Prairie. because she Prairie. Sprint triathlon, enjoys or mini-triathlons the personal challenge. typically consist of Also competing at the Door County a quarter- or half- event was Eau Claire County Circuit mile swim, a 15K Court Judge Lisa K. Stark, who has or 18K bicycle ride run two marathons and three half- and about a 5K run. marathons since she began running

Sports By comparison, an competitively at age 48. Ironman Triathlon Stark, now 55, said she decided to try consists of a 2.4 the sprint triathlon to provide some mile swim, a 112- variety in her workout routine and The Third Branch mile bike race, and because Brennan and Flanagan were a 26.2-mile run. enthusiastic. Brennan said she District I Court of Appeals Judge Kitty “I loved the experience. Everyone started doing sprint K. Brennan, left, and Eau Claire who participated was warm, welcoming triathlons 10 years County Circuit Court Judge Lisa K. and helpful. It was nice to have Judge ago at the Stark at the Door County Triathlon in Brennan there as she was able to prepare Egg Harbor. encouragement of me for what to expect and help calm my Milwaukee County Circuit Court Judge Mel nerves at the beginning of the race. I met some Flanagan who also ran the events. Flanagan has new friends as well. I will definitely participate in not competed rccently in a triathlon, Brennan this and other sprint triathlons in the future,” said, but made a clandestine appearance at Stark said. Pleasant Prairie. Reserve Judge Michael J. Mulroy was also “Judge Flanagan was not signed up, but came spotted competing in the Door County sprint to the event, ducked through the barricades and triathlon, but that was just a small sample of his ran just the running leg with me for moral recent athletic endeavors. He also competed in the support. She ducked back out before I ran through Olympic distance Got Energy triathlon in Salem, the timing arch at the end,” Brennan said. the Rails to Trails full marathon in Norwalk, four (For obvious reasons, The Third Branch did not half marathons and two bicycling time trials, seek a photo of this triathlon-crashing activity). including 26- and 50-mile rides. Brennan, who has been a runner for 40 years, Mulroy, who is 71 years old, competed in his said she enjoys the variety of training involved in first triathlon at age 67. He had a background in triathlons. running marathons, but competitive swimming Supreme Court Justice Annette Kingsland and bicycling were new to him at the time. Ziegler also participated in the Pleasant Prairie Mulroy said he finds that training in three sprint event, where she spotted Brennan at the disciplines is easier on the body than training in finish line. The two were not aware of each one area alone. other’s participation before the event, Ziegler Mulroy is highly competitive in his age group, www.wicourts.gov said, but they posed for a photo afterward. see Sports on page 5 came upshorthowever, minutes, 45seconds. I goal wasarace time of3 like agoodplan.My somehow thisseemed any mid-lifecrisis, marathon, butjustlike years sincemylast said. Colorado lastyear, he snowboarding in dislocating hisarmwhile stay activeafter marathon asawayto run the Twin Cities Hanrahan to runningclubsinSpartaandLaCrosse. home. Butheenjoysthecamaraderieandbelongs competition, andheprefersstickingcloserto during andafterruns,”Ricesaid. very fewinjuries,andIampainfreebefore, four timesperweek.Ihavebeenluckyto week. The restofthetime,Itryto runthreeor year. When I’m‘intraining,’ Irunfivetimesa running eversince.Irunabout1,000milesper a roundofgolf.Igaveupgolfandhavebeen you canrun10milesalotfasterthanplay provided norealconditioning.Isoonlearnedthat was neververygood,asmuchIlovedit,andit something athletic.Iplayedgolfbackthenbut ‘careers’ wereover, butIstillwantedtodo upon realizingthatmybasketballandsoftball last 27or28years. Mai runthisyearinMay, ashehas for eachofthe times). RicealsoranStoughton’s annualSyttende (13 times)andtheChicagoMarathon(three the New York Marathon, Twin CitiesMarathon old, alsohascompetedintheBostonMarathon, the 46thmarathonhe’s run.Rice,now66years Grandma’s MarathonheldduringJuneinDuluth– Circuit Court, same yearhecompetedinhisfirsttriathlon. County bench,wenttoreservestatusin2007–the

Judge Michael J. Mulroy Sports “It hadbeenabout22 Dane CountyCircuit CourtJudge William E. Rice’s timesaren’t asfasttheyusedtobein “I tookuprunningwhenIwasmymid-30s Judge J.David“Dave”Rice,Monroe County Mulroy, whoserved24yearsontheLaCrosse decided to continued frompage 4 participated inhis25thannual

Photo credit: La Crosse Tribune years-old agegroup. included a70-to120- marathon inLaCrosse Octoberfest half organizers of however, when appreciate itmuch, Mulroy didn’t seemto are dead,”hesaid. against inmyagegroup people I’mcompeting that: “Mostofthe standing jokeabout but hesaidthere’s a Cities Marathon. recently competed intheTwin Dane CountyCircuit Court, Judge William E.Hanrahan, Six PackinChippewaFalls. Claire andasubgroupofthatclub,theChippewa belongs totheIndianhead Track ClubinEau including theBostonMarathonin2006.He full marathons, marathons and15 about adozenhalf- then, hehasrun until 1997.Since regular basisagain running ona but didn’t start track inhighschool Run inEauClaire. five-mile Buckshot August andthe Chippewa Fallsin Water Daysin April andPure Line inMedford including thePine marathons, Cameron Roderick A. over theInternet.” are souglythattheynotallowedtobesent action butwasadvised:“Iamafraidmyphotos Minn. inpastyears. also hasruntheMedCityMarathoninRochester, ‘pit stops,’ Ifinishedin4:59,”said Vlack, who for a4:45,butduetostandinginlinecouple liked, sohopedtofinishin5hours.Iwasonpace training thisyearwasnotasmuchIwouldhave 2000. Cities Marathon,whichhehasruneachyearsince Edward F. Vlack III disappointing 4:22:05,”Hanrahansaid. I wasprettybeatupandmytimea able tomusterabriefsprinttowardthefinishline, injured mycalfmuscle. Although Iwasultimately when, morethanhalfwayintotherace,Ire- “I runnotonlybecauseIenjoyrunning,butfor Cameron ran Chippewa CountyCircuit Court Judge The Third Branch “I usuallyfinisharound4:45to4:50.My St. Croix CountyCircuit CourtJudge more.) than anhourortwo, letalonefivehoursor posture, letalone run,rideorswimformore maintain forwardmotioninavertical favorably impressedbyanyoneable to quality time!”Cameronsaid. race Ihaveeverrunwithovertwo hoursof slower thanusual,itwasthemost enjoyable with mydaughter. Although Iranmuch Line raceandsecondatPure Water Days. third inthe60-69agegroupatPine place inraces,”Cameronsaid.Heplaced that Iaminmyearly60s,finditeasierto companionship ofthoseIrunwith.Now the physicalbenefitsandfor (Editor’s Note: “I ranthePure Waters Dayhalfmarathon n requested photosof Vlack in Buckshot RuninEauClaire. Cameron competesatthe Court JudgeRoderick A. Chippewa CountyCircuit also competedinthe Twin The Third Branch recently rantwohalf-

is

Photo credit: Steve Kinderman

Eau Claire Leader-Telegram

www.wicourts.gov Sports The Third Branch Third The

THE THIRD BRANCH 2012 Fall 5 6

Fall RETIREMENTS 2012 Judge Thomas P. Donegan tracks when breaking into garages looking to steal antlers. Howard, who was first appointed in 1982, will be stepping THE THIRD BRANCH Milwaukee County Circuit Court down from the branch 3 bench on Feb. 1, 2013. During that Although Milwaukee County Circuit Court Judge Thomas time, he said he has noticed a P. Donegan said he never thought he would be mistaken for distinct change in the severity of being the greatest judicial mind in cases. When he first took the the history of Wisconsin, he is proud bench, the most serious cases they of the fact that he has tried to treat saw were burglaries, mostly everyone who came before his bench committed by juveniles after with respect, no matter why they school when their parents were at were there. work. Now, there are homicide “The court can be a strange and cases in the county, and more frightening place,” he said, and emphasis on OWI cases and showing respect for everyone in his domestic violence cases, which he courtroom has been his number one said result in the need for different goal for the past 20 years. judicial skills. Donegan said he will miss the Howard said being a judge has Judge Vincent K. important role of being a judge. Howard Judge Thomas P. given him a sense of satisfaction Donegan “Judges perform an important that he was doing something for the community. He hopes function in society of maintaining the that he has had a positive impact on the community and balancing act between chaos and order,” Donegan said. individuals who have come before his bench, especially the Donegan was first elected to the Milwaukee County bench children involved in custody and CHIPS cases. He said he in 1992, and was reelected three times. He spent 10 of his will miss seeing people in his courtroom each day – “some 20 years in the children’s court, where he said he witnessed of which make your day, either for good or bad.” dramatically painful moments, including child placements Howard has always enjoyed the law, and said he will also cases where mothers were addicted to drugs or would not miss doing legal research. Howard attended UW-Marathon leave abusive relationships. and UW-Madison, and received his law degree from “The life experiences of poor young children in this world Marquette University Law School. Prior to his appointment are frightening,” Donegan said, reflecting on his time in the to the bench, he worked in private practice. He is a former children’s court. He said he noticed an increase in child presiding judge and former member of the Family trafficking, drug use, and the “casual use of guns” by young Benchbook Committee. He is a founder of the Marathon people. County Mediation Program and the Marathon County Co- Donegan said when he moved to the civil bench, he Parenting Program. thought the cases would be more dry, but was soon proven Howard said he is kind of nervous about his retirement, wrong. He said he found those cases to very human, but felt it was time. He plans to spend more time reading especially after spending weeks at times with the people and with his wife and family. His interest in family involved. He recalled one case where a young mason’s genealogy has led him to discover the street where his assistant was severely injured on the job after a fall. The forbearers left England. A trip to visit that street may also be jury could not find liability, and there was nothing further part of his retirement plans. that could be done for him. A graduate of St. Louis University and New York University Law School, Donegan served as an alderman for Judge Gregory A. Peterson the city of Milwaukee and as an attorney for Legal Action of District III Court of Appeals Wisconsin before taking the bench. He is a member of the District Court III Court of Appeals Judge Gregory A. Wisconsin Trial Judges Association and the Milwaukee Bar Peterson said he is looking forward to seeing what life is Association. He is a former member of the National Council like after judging. Peterson, who retired Nov. 30, said he has of Juvenile and Family Court Judges and the Milwaukee held a job since he was 12, and will miss the structure Child Welfare Partnership. having a job provides in his life, now that he finds himself Donegan, who was recently married, plans to find some “suddenly unemployed.” warmer weather to enjoy the winter months. After that, he Peterson, who has served in the says he will plan his future work as a reserve judge and with judiciary for 29 years, said he was various volunteer opportunities. most proud of the work he did in his four years as chair of the Judge Vincent K. Howard Criminal Jury Instruction Committee. In arguing the need for Marathon County Circuit Court plain language in the jury Marathon County Circuit Court Judge Vincent K. Howard instructions, an outside expert was has had enough memorable moments during his 30 years on brought in to convince all of the the bench that he is contemplating writing a book. Among committee members that the them: the high-profile case in which parents were convicted revisions were necessary because of reckless homicide for the death of their ill daughter after lay people could not understand praying for the girl instead of seeking medical attention; and Judge Gregory A. an arson case where a man set fire to 39 houses to cover his see Retirements on page 7 Peterson Sheedy in1995. Inthatrole,hesupervisedtheactivities of family courtcommissioner bythelateChiefJudge Patrick family courtcommissioner in1988.Hewasappointed began employmentwithMilwaukee Countyasthedeputy system.” respect andunderstandingthatis atributetohimandthe for treatingthosewhocamebefore himwithalevelof litigants andthecommissioners as wellbutMikeisknown Court. Chief JudgeJeffrey A. Kremers,MilwaukeeCountyCircuit and servicetothecitizensofMilwaukeeCounty,” said Michael J.BruchretiredonOct.1. Milwaukee CountyCourtCommissioner Michael J.Bruch hiking, drawingandreading. pursue somepurelyrecreationalinterest,likegolfing, legal systemsinothercountries.Hesaidhealsoplansto appreciated. opportunity toreallythinkaboutcases,aluxuryhegreatly measured paceoftheappealscourt.Hesaidhenowhad from thetrialtoappellatecourtwasmuchmore Appeals. Hesaidthebiggestdifference henoticedmoving served asdeputychiefjudgefortheCourtof Appeals. Committee, andEqualJustice Task Force.Hehasalso Commission, LegislativeCommittee,UniformBond served ontheCriminalJuryInstructionCommittee,Judicial District Ten chiefjudgeanddeputyjudge.Hehas Graduate School,andUW LawSchool. Heisaformer think ofnewwaystohandlecases. used thiscaseasareminderthroughouthiscareertoalways the familiesofvictimsorteens.Hesaidhehas impose asentencebythebook. The outcomedidnotsatisfy lack ofrestorativejusticeresources,hewasonlyableto him, becausetherewasnowinner. At thetime,dueto this casehasalwaysbeenonethathecouldnotputbehind trying tomoveonafteracasewasfinished,Petersonsaid went throughthewindshieldofapassingSUV. Despite size oftherocksgotbiggerandbigger, untileventuallyone to hearthesoundtheymadeashittruckbeds,but overpass. The boyshadbeenplayingaround,droppingrocks dropping a35-poundrockontotheinterstatefroman two youngteenswereconvictedofkillingamanafter expected thecountydistrictattorneytobeappointed. surprised himasmuchanyoneelsebecauseeveryonehad Circuit Courtbenchin1983.Hesaidtheappointment “You willnotfindonewordinLatin.” litigants andgeneralpublic,couldunderstand. in plainEnglishthateveryonewhoreadthem,includingthe appellate court,whereheinsistedonwritingshortopinions them. RETIREMENTS Bruch, agraduateofMarquette University LawSchool, “The familycourtscanbeverystressfulforboththe “Mike leavesbehindalegacyofdedicationtohiswork After nearly20yearsastheFamilyCourtCommissioner Peterson saidinhisretirement,hewouldliketostudythe In 1999,PetersonwonelectiontotheDistrictIIICourtof Peterson graduatedfromUW-Madison, UniversityofIowa Early inhiscareer, hesaidpresidedoveracasewhere Peterson wasfirstappointedtotheEauClaireCounty “Read throughalloftheopinionsIhavewritten,”hesaid. His beliefintheuseofplainlanguagefollowedhimto continued frompage 6 commissioner. position asanassistantfamilycourt Enforcement, wasselectedtofillher Department ofChildSupport legal counselMilwaukeeCounty commissioner. RaulySandoval, the deputyfamilycourt Schroeder wasselectedtobecome Berrios- Commissioner Ana retirement. Assistant FamilyCourt into Bruch’s positionuponhis Commissioner SandraGradymoved matters andpolicy. responsible foradministrative violence restrainingorderrequestsinadditiontobeing divorce andchildsupport,harassmentdomestic nine othercommissionershearingpreliminarymattersin Brown CountyRegisterinProbate James Queoff Calumet CountyRegisterinProbate Janice Marose Marose relates. find alittlework inacutelittleshoporevenstart myown,” Michael. “After awhileofdoingnothing,Ihope toeither in thenorthwoods withherhusband, Wayne, andson, near Mercerandislookingforward tospendingChristmas is justasfun,”Marosesaid. special andImissthembutonthe otherhand,mynewlife little county. The peoplethatserveCalumet Countyare serve thepeopleofCalumetCounty andwasproudofour time registerinprobate. judicial assistantandregisteruntilbeingappointedthefull- Joann Vaughn. MaroseworkedasJudgeDonald A. Poppy’s part-time deputyregisterinprobatepositionworkingunder Services Departmentin1989,andshortlythereaftertookthe working inCalumetCountyasareceptionistfortheHuman County registerinprobatefor16years.Marosestartedout grandchildren. games andspendmoretimewithhischildren many daysintheweekaspossible,gotoBrewerandPacker forget thosewhoworkedformethroughout theyears.” in me.Iwilltrulymissmycurrentstaff, andwillnever County judiciarythroughalltheseyearsfortheirconfidence accomplishment, andcertainlythegratitudetoBrown will walkawayproudlywithadeepsenseof Brown County, Queoff said.Despitestilllovingthejob,I was ahighschoolvarsitybasketballrefereefor35years. Police andFireCommission,intheU.S.MarineCorps, committees. Queoff hasalsoserved 18yearsonGreenBay’s as aneditor, andhasalsoonnumerousassociation president ofthe Wisconsin RegisterinProbate Association, as theregisterinprobate,Queoff has servedasvice Brown County, JamesQueoff retiredOct.1. While serving Deputy FamilyCourt Since retirement,Marosehasmoved tothe“northwoods” “As theregisterIhadsomanyfantasticopportunitiesto Janice MaroseretiredJune1afterservingasCalumet Besides severalplannedtrips,Queoff planstogolfas “I havethoroughlyenjoyedmyservicetotheresidentsof After morethan38yearsastheregisterinprobatefor n Michael J.Bruch

THE THIRD BRANCH 2012 Fall 7 8

Fall 2012 2012 Judicial Conference is forum for ideas and learning opportunities THE THIRD BRANCH ore than 340 people, including judges, court staff, Mfaculty and presenters attended education and business sessions during the 2012 Meeting of the Wisconsin Judicial Conference, held Nov. 7-9 in Lake Geneva. Wisconsin Supreme Court Chief Justice Shirley S. Abrahamson kicked off the conference with her State of the Judiciary speech entitled: Holding the balance nice, clear and true: Steps to building public trust and confidence. The speech addressed the need to shore up safeguards that help protect fair, neutral, impartial and non-partisan justice at a time when judges across the nation and in Wisconsin face politically motivated criticism for controversial decisions. Judges risk being mistaken for politicians “unless and until we shore up the safeguards” that help us to hold the balance, Abrahamson said. She added: “A candid Supreme Court Chief Justice Shirley S. Abrahamson delivers the discussion about shoring up the safeguards must touch State of the Judiciary speech on Nov. 7 at the 2012 Annual Meeting upon four interrelated topics: recusal, judicial elections of the Wisconsin Judicial Conference at the Grand Geneva Resort and campaign contributions and expenditures, judicial in Lake Geneva. Theresa Owens, the executive assistant to the discipline, and responding to attacks on judges.” chief justice, looks on. Director of State Courts A. John Voelker delivered the State of the Director’s Office, which focused on the value of contributions by individual judges to the overall success of the court system. Wisconsin judges have looked to solve problems by creating initiatives and taking risks, even when faced with potential criticism, Voelker said. “In Wisconsin, we are fortunate because circuit court judges have long taken this approach, and it continues today. Many of you, as local community leaders, have been willing to take risks and make changes to improve the justice system. You’ve reached out to other justice system stakeholders and worked on innovative solutions.” The conference featured more than 20 educational sessions on a range of topics, including Civil Gideon, ineffective assistance of counsel, sentence credits, Milwaukee County Circuit Court Judge Mel Flanagan demonstrates extremist groups in the court setting, managing difficult a hold on Reserve Judge Timothy L. Vocke during the Personal litigants, contempt of court, public records, landlord Security for Judges presentation at the Judicial Conference. tenant law, economic loss doctrine, bankruptcy and ethics, among others. n

Judge William J. Domina, Waukesha County Circuit Court, right, chats by “cell phone” with Pam Radloff, deputy director, Management Director of State Courts A. John Voelker delivers the Services, as part of a role-playing exercise during a session on public State of the Director’s Office speech as Chief Justice records at the Judicial Conference. Shirley S. Abrahamson looks on. Air Force refueling tankerAir Force refueling specialguestsonU.S. are leaders Court D and women. Milwaukee. The unitsupportsapproximately 400airmen Air Refueling Wing, an Air NationalGuardunitbasedin the MissionSupportGroup(MSG)commanderfor128th the tour. Johnson,whoalsoisaU.S. Air Forcecolonel,is aircraft inflight. flung bombingtargets withinreach byrefuelingcombat Force KC-135Stratotanker, arefuelingplanethatbringsfar- director, courtoperations,werespecialguestsonaU.S. Air KC-135 Stratotanker. Theflights areofferedtohelpemployerslearnaboutthe criticalworkofthe Air NationalGuard. court operations,recentlyjoined District Court Administrator ScottJohnson,aU.S. Air Forcecolonel,aboardaU.S. Air Force District Ten ChiefJudgeScottR.Needham,St. CroixCountyCircuitCourt,right,andSaraWard-Cassady, deputydirector, Rebecca G. Bradley appointed inMilwaukeeRebecca appointed G.Bradley O and transactions. information technologyandintellectualpropertylitigation Hirschboeck DudekS.C.,wheresheworkedincommercial, recently anattorneyintheMilwaukeeoffice of Whyte bench,” Walker saidinapressrelease. She willbeagreatadditiontotheMilwaukeeCounty integrity, andsheunderstandstheproperroleofajudge. court system…Ms.Bradleyisagreatlawyer, apersonof Milwaukee Countyreceivetimelyandfairservicefromthe the MilwaukeeCountyCircuitCourtbench. “The flightgavemeagreaterappreciationforthework Scott K.Johnson,District10courtadministrator, hosted Bradley, a1996UW LawSchoolgraduate,wasmost “Appointing Ms.Bradleyensurestheresidentsof County CircuitCourt,andSara Ward-Cassady, deputy istrict 10ChiefJudgeScottR.Needham,St. Croix appointment ofMilwaukee Atty. RebeccaG. Bradleyto n Nov. 26,Gov. Scott Walker announcedthe Guard. employers understandtheroleemployeesplayin appreciation toemployersofGuardmembersandhelp Refueling Wing. squadrons withintheMSGandmissionof128th Air installation andgaveanoverviewofhisduties,the system alsoguidehismilitarycareer.” commitment thatcharacterizeScott’s workinthecourt Cassady said.“Itiscleartomethatthededicationand Scott Johnsonisdoinginthe Air NationalGuard,” Ward- Award. Journal’s Women inLaw recipient ofthe Wisconsin Law and 2010.Bradleywasthe2010 Milwaukee Magazine Rising Star attorneyby 2012 andshewasnameda Litigation by Business Law, InternetLawand Milwaukee’s LeadingLawyersin years. Shewasnamedoneof with numerousawardsoverthe The Guardoffers civicleaderorientation flightstoshow In additiontotheflight,Johnsonledatourof Her workhasbeenrecognized n n M magazine in in 2008 Bradley Judge RebeccaG.

THE THIRD BRANCH 2012 Fall 9 10

Fall 2012 Training sessions highlight need for input from children at permanency hearings THE THIRD BRANCH By Amy Roehl, Policy Analyst, Children's Court Improvement Program pproximately 114 corporation counsel, county agency child Ajudges from each of welfare workers, attorneys for the Wisconsin’s 10 Judicial children and parents, and court staff were Administrative Districts also invited to attend in order to review attended training county practices as a multidisciplinary sessions designed to team. All participants from each county promote effective and were seated together so they could discuss qualitative permanency case scenarios presented in the training hearings, encourage and at the end, develop a plan to youth participation in implement the suggested best practices in court proceedings, and to their county. Participants were also identify strategies to provided with materials, including a achieve timely permanency hearing judicial checklist, a permanence for children permanency hearing summary sheet, a Judge Marshall B. Murray, Milwaukee County Circuit in foster care. summary of Wisconsin Act 181 and Court, left, and Reserve Judge Gary L. Carlson, make From Aug. 16 through a presentation during a district training session on judicial bench cards created by the ABA Oct. 19, Milwaukee permanency hearings. The training sessions, delivered Center on Children and the Law on how County Circuit Judge statewide, were designed to reinforcing the leadership to engage youth of any age at court Marshall B. Murray and role of the court official in conducting effective hearings. retired Taylor County permanency hearings. Each training began with a pre- Circuit Judge Gary L. assessment where participants were Carlson, along with Children’s Court Improvement Program anonymously asked to respond to eight questions designed (CCIP) staff, conducted the training with the specific goal to measure attitudes regarding permanency hearings, the of reinforcing the leadership role of the court official in importance of the participant’s role in achieving permanence conducting effective permanency hearings. for children, and youth participation in permanency The Clocking is Ticking: Making Permanency Hearings hearings. At the end of each session, participants were Meaningful, a three-hour training curriculum, was asked to answer the same set of questions. Judges developed jointly by Murray and Carlson, CCIP, the demonstrated the most significant attitudinal shift on American Bar Association (ABA) Center on Children and whether children should and wanted to attend their the Law, and the Wisconsin Department of permanency hearings and Children and Families. also whether the Permanency hearings, for those unfamiliar permanency plan contained with juvenile court and the child welfare all the necessary system, are court proceedings for a child who information. has been removed from his or her home and Carlson stated that he placed in out-of-home care. The purpose of “was elated with the the hearing is to establish a roadmap towards significant changes in a permanent family-oriented home for the attitudes demonstrated by child, whether it is returning home, adoption, the participants, especially guardianship, placement with a fit-and-willing the judges, on these relative, or other planned permanent significant points.” For living arrangement. example, before the The training was created after a 2010 training 44 percent of audit by the U.S. Department of Health all judges either agreed and Human Services Children’s Bureau or strongly agreed with determined that permanency hearings in the statement that Wisconsin were often perfunctory, brief, children should attend and lacking a substantive discussion their permanency about the child and parents. According hearings. At the end of to Carlson: “Too many kids are the training, 91percent languishing in foster care and those of us of all judges agreed or in the courts with the power to make strongly agreed that significant changes weren’t paying children should attend These images are from a training video produced to enough attention. Judge Murray and I show the importance of involving children in hearings their permanency hope we have helped make changes in about foster care. The Children’s Court Improvement hearings. those old attitudes.” Program and the state Department of Children and Participants were While the primary focus of the training Families worked with the UW-Madison Division of shown a video, titled was to inform judges and court Information Technology to produce the video. “Children in Court: In commissioners, district attorneys and see CCIP training on page 11 began workingtowardthefollowingthreegoals: Milwaukee ModelCourtCollaborative Team, multi-disciplinary advisorygroup,titledthe Cases. Court PracticeinChild Abuse and Neglect bench book practice inrelationtotheevidence-informed becoming aModelCourtwastoassesslocal focused outcomes,andsystemaccountability. process, multi-systemcollaboration,child- judicial leadership,courtoversightanddue values oftheModelCourtProjectinclude based changestoaddressthesebarriers.Key then designandimplementcourt-agency- families withchildreninout-of-homecare,and timeliness ofcourteventsanddeliveryservicesfor and otherprofessionalstoidentifyimpedimentsthe states inbringingtogetherjudges,attorneys,socialworkers outcomes forchildrenandfamilies. to initiatetheMilwaukeeModelCourtProjectimprove Wisconsin Children’s CourtImprovementProgram(CCIP) of JuvenileandFamilyCourtJudges(NCJFCJ)the CCIP training I presiding judge. Additional membersoftheMilwaukee Court JudgeJosephM.Donald,MilwaukeeChildren’s Court project isco-ledbyMurrayandMilwaukeeCountyCircuit B. Murray, formerChildren’s Courtpresidingjudge. The CCIP andMilwaukeeCountyCircuitCourtJudgeMarshall Their Own Words By MichelleJensenGoodwin,Director, Children'sCourtImprovementProgram Milwaukee project joinsnational modelcourt noted: “Afterseeing thekidsonvideo,itreminded mehow intimidating for children andyouth. Another participant plan tomakecourt lessformal,moreinclusive,and less these hearingsallwrong.”Others listedwaysinwhichthey to spendmoretimewiththechildren. Ihavebeendoing assumptions thatyouthdidnotwant toparticipate. youth intheirhearingsandthatthis videochallengedtheir video. Manyattendeesnotedthat theyhadnotincluded to anonymouslysubmitinwritingtheirthoughtsaboutthe a significantimpactontheparticipants.” “this videowasacriticalcomponenttothetrainingandhad are criticallyimportanttothekids. According toCarlson, in courtandthatthedecisionsmadeatpermanencyhearings understanding theneedsandemotionsofchildreninvolved purpose ofthevideowastoaidjudgesinbetter their experiencesincourtaschildrenfostercare. The After reviewingtheassessmentfindings,a The firststepMilwaukeeCountytooktoward NCJFCJ establishedtheModelCourtProjecttoassist The MilwaukeeModelCourtProjectwasinitiatedbythe One participantwrote:“Ihavenot beenlistening.Ineed After viewingthevideo,allparticipantswereencouraged Milwaukee CountyChildren’s Court,theNationalCouncil n May2012,apartnershipwasestablishedamongthe Safety: A GuideforJudgesand Attorneys. safety decision-makingbasedonthepublication, establishing acommonunderstandinganddefinitionof care. l l l Empower socialworkersincourt,whichincludes Increase courtcaseprocessingefficiency. Reduce thenumberofchildrenenteringout-of-home Resource Guidelines:Improving ,” inwhichnow-youngadultsdescribe continued frompage 10 Murray Judge MarshallB. Child 266-1557. director [email protected] Project, pleasecontactMichelleJensenGoodwin,CCIP For more informationabouttheMilwaukeeModelCourt Model CourtCollaborative Team include: Court intheircommunity,” Murrayadded. at thetabletobegintheirjourneybyestablishingaModel be astatewideeffort,” Murraysaid. better outcomesforourfamiliesandchildren,itwillhaveto court partnersstatewidebecauseifwearegoingtohave process thatlessonslearnedcanandwillbesharedwithour effective practicesince thetraining. attitudinal changes havetakenholdandtranslated intomore been implemented atthecountylevelandwhether these participants tolearnwhetherthe suggestedstrategieshave all judgesagreedorstrongly withthisstatement. court proceedings;bytheendof thetraining,95percentof strongly agreedthatpermanency hearingswerevaluable the beginningoftraining,77 percentofjudgesagreedor attitudes andknowledgerelatedtopermanencyhearings. At with agrantfromtheCaseyFamilyFoundation. Information Technology toproducetheunscriptedvideo Families workedwiththeUW-Madison Divisionof make surethekidsdoexpressthemselvesincourt.” an opportunitytogiveopinion.Ibetterbewilling court. Kidswanttobeaskedquestionsandgivenmoreof scary acourtroomcanbe.Childrenfeelunderappreciatedin “Therefore, welookforwardtothenextcountyjoiningus “It isthehopeofthoseworkingwithin‘ModelCourt’ In thecomingmonths,CCIP will follow-upwith Overall theprogramresultedinasignificantshift CCIP andthe Wisconsin Department of Childrenand – MilwaukeeJuvenileDivision Child Welfare Services Children’s Division Court commissioner l l l l l Elizabeth Finn-Gorski,MilwaukeeChildren’s Court Raeshann Canady, firstassistantstatepublicdefender Mary PatBohn,deputydirector, BureauofMilwaukee Mike Boeder, vicepresident,IntegratedFamily Dan Barlich,clerkofJuvenileCourt–Milwaukee district attorney–Children’s CourtCenter l l coordinator Division –Legal Aid Societyof Wisconsin Children’s ServiceSocietyof Wisconsin Milwaukee Child Welfare Milwaukee Child Welfare l l l l l l l l Julia Vosper, MilwaukeeCountyCircuit Mary Sowinski,MilwaukeeCountyassistant Duke Lehto,privatebarattorney Michelle JensenGoodwin,director, CCIP Shelia HillRoberts,chiefstaff attorney GAL Amy Herbst,vicepresidentofChild Welfare, Sarah Henery, legalcounsel,Bureauof Arlene Happach,director, Bureauof Amy Roehl,policyanalyst,CCIP EJ Maldonado,NCJFCJModelCourtliaison n n

THE THIRD BRANCH 2012 Fall 11 12

Fall 2012 Team attends language access summit five-member team from Wisconsin traveled to Houston, Judges and Court Personnel.” It was standing-room only

THE THIRD BRANCH ATexas on Oct. 1-3 to attend a National Summit on during both sessions, which demonstrated the high level of Language Access in the Courts sponsored by the National interest and need for judicial training around the country. Center for State Courts (NCSC). Nearly 300 court leaders During their portion of the talk, Capati and Damon showed from 49 states, three territories and the District of Columbia short videos on “Judicial Mannerisms which Make discussed solutions to Interpreting Difficult,” improving and ensuring which had been presented access to justice for as part of a larger training litigants with limited- on interpreters offered to english proficiency seasoned judges at the (LEP). 2012 Wisconsin Judicial Wisconsin’s team College. Because of the consisted of Supreme great interest in the Court Chief Justice training videos from Shirley S. Abrahamson; several states at the Director of State Courts summit, the videos have A. John Voelker; been posted on the court’s Trempealeau County public website under the Circuit Court Judge John link for judges on A. Damon; Deputy “Practical Tips for Director, Court Working with Operations, Sara Ward- Interpreters.” Cassady; and Interpreter A five-member team from Wisconsin recently attended the National Conference attendees Program Manager Summit on Language Access in the Courts. Wisconsin’s team consisted included Chief Justices of Carmel Capati. of (from left) Deputy Director, Court Operations, Sara Ward-Cassady; 14 jurisdictions and state Damon is the new chair Director of State Courts A. John Voelker; Supreme Court Chief Justice court administrators of Shirley S. Abrahamson; Trempeauleau County Circuit Court Judge John of the Committee to 32. Each state team was A. Damon; and Court Interpreter Program Manager Carmel Capati. Improve Interpreting and required to identify Translation in the Courts, recently replacing Judge Ralph M. priorities related to language access in their court system Ramirez, Waukesha County Circuit Court, who served as and to develop an action plan to address them. Members of committee chair since 2007. Wisconsin’s team identified the following items as Funded by a grant from the State Justice Institute (SJI), priorities: 1) create judicial efficiencies when using this first-of-its-kind summit allowed state court leaders to interpreters; 2) expand availability of non-Spanish language share successful strategies and evidence-based practices, interpreters; 3) measure effective use of interpreters; 4) plan system improvements, and discuss approaches to research different remote interpreting options; 5) evaluate pursue greater consistency across jurisdictions on policies data collection needs and methods; and 6) recognize new related to interpretation in the state courts. languages. Over the next 15 months, the Director of State Major themes of the conference included training for Courts’ office, primarily through the court interpreter judges and court personnel; translation issues and best program, will work on addressing these priorities. practices; establishing and enhancing credentialing “It’s inspiring to see so many judicial leaders from programs for interpreters; funding and authorization for around the country come together to forge a clear vision for interpreter programs; use of technology to increase how state courts can proactively develop common solutions efficiency; collaboration models to increase available to common problems,” said Mary C. McQueen, president of resources; and outreach efforts. NCSC, a nonprofit organization committed to improving the Damon and Capati presented two sessions with Nevada administration of justice in state courts and courts around District Court Judge Valerie Vega and Nevada Supreme the world. n Court Services Analyst Andrea Krlickova on “Training Volunteers sought for Mock Trial championship n preparing to host the 2014 National Mock Trial about the law and the legal system while they participate in IChampionship, the State Bar of Wisconsin is seeking a simulated trial. Each school year, hundreds of high school volunteers to judge several 2013 Mock Trial Program students participate in the State Bar’s Mock Trial program. competitions. Acting as lawyers and witnesses on both sides of a fictional The national event will require the help of nearly 1,000 case, students compete against each other in regional mock trial judges, but without some experience, judges may competitions throughout the state in February. not qualify for the national competition, said State Bar of The winners of the semi-finals then compete before the Wisconsin National Mock Trial Committee Chair Kevin Wisconsin Supreme Court in March. Teams are scored on Lonergan. their knowledge of the rules of evidence, the quality of their 2013 Volunteer Dates include: direct and cross examinations, and opening and closing l Regional Tournaments statewide – Saturday, Feb. 9 statements. n l State Semifinals, Madison – Sunday, March 10 Volunteer shifts are from 8 a.m. to 12:30 p.m. or from 1 to For more information or to volunteer, contact Marsha 6 p.m. Varvil-Weld, State Bar Public Education Coordinator at The Mock Trial Program teaches high school students (608) 250-6191 or email [email protected]. presentation inMilwaukee theCourts’ Judge delivers ‘State of Chief Association towelcome newattorneys withMilwaukeeDistrict Onepartners Bar C group tothesystem,butalsobeablerespondtheir privilege tohavetheopportunitynotonlyintroduce supporter ofDistrictOnejudges,”Kremerssaid.“Itwasa interested intalkingwiththegroup,andheagreed. chief judgewouldbe Association askedifthe 20. during agatheringSept. County CircuitCourts and theMilwaukee Wisconsin courtsystem introduced themtothe 20 newattorneysand Circuit Court,welcomed Milwaukee County White, bothof Chief JudgeMaxine A. D Major projectsmentionedbyKremersinclude: board fornotproposingbudgetcutstothecourt. process. Healsothankedthecountyexecutiveand public displayofdisrespectforjudges;andthejudicial courts; judicialindependenceandhisconcernsaboutthe Kremers discussissues,including:majorprojectsinthe community andaccesstojusticeisunwavering.” related programsthatseektohelpthedisadvantagedinour support forthecourtsandspecificallyanynumberofcourt- said Kremers.“Whileofficers change everyyear, the event. Roggensack and Annette KinglsandZieglerattendedthe Shirley S. Abrahamson andJusticesPatienceDrake (MBA) luncheoninMilwaukeeonOct.24.ChiefJustice Courts” presentationataMilwaukeeBar Association “The MilwaukeeBar Association hasalwaysbeensucha The MilwaukeeBar More than250judges,commissionersandattorneysheard “The MBA hasbeenaterrificpartnerwiththecourts,” additional services ofthe Veterans Administration. veteran’s initiative tolinkthosedefendantswith re-offending. the conditionsoftheirsentenceand theirlikelihoodof impact ontheirunderstandingand willingnesstofollow conversations withdefendantscan haveapositive test howcourthousesigns,interactions and out ofthecenter. Chris Abele hasbudgetedmoneytocompletethebuild to helpmorethan8,000clients.CountyExecutive attorneys and7,500hoursvaluedinexcessof$650,000 help centerthatlastyearhadover360volunteer l l l Kremers andDeputy hief JudgeJeffrey A. County CircuitCourt,deliveredtheannual“State ofthe istrict OneChiefJudgeJeffrey A. Kremers,Milwaukee The Drug Treatment Court willsoonincludea Participation withtheCenterfor CourtInnovationto Partnership withtheMBA forexpansionoftheself- with theMilwaukeeBar Association. addresses newattorneysaspart ofaprogramcreatedinpartnership Chief JudgeJeffrey A. Kremers,MilwaukeeCountyCircuitCourt, introduce thenewattorneystosystem. was interactiveanddesignedtoprovideinformation Milwaukee CommunityJusticeCouncil. The discussion local rules,eFiling,theMilwaukeePraxis,and affected bydomestic violence. family courtcases andsupervisedplacementincases Children’s Hospital toaddressconcernsinhighconflict Milwaukee, SojournerFamilyPeace Centerand the courtswillplayanintegralrole withthecityof strong supportfromthecourts. resulted inplacementoftheirchildout-of-homecare. assess andtreatwomenwhosesubstanceabusehas the Children’s CourtCentertomoreefficiently identify, appear inourcourts. problems ofmeetingtheneedsfamilieswho implementation sitetoidentifyandfindsolutionsthe court processes;and,empowersocialworkers. out-of-home placements;improvetheefficiency ofthe juvenile courtsbyusingnationalbestpracticestoreduce outcomes forchildrenandtheirfamiliesinMilwaukee’s Council ofJuvenileandFamilyCourtJudgestoimprove Wisconsin CourtImprovementProjectand The National that createdthesavings. new strategiesasreinvestmenttothepartofsystem Initiatives tousethecostsavingsfromimplementing Bureau ofJustice Assistance forJusticeReinvestment universal screening. early interventioninitiatives,dosagesentencingand bear onthesysteminfourprojects:CIT policetraining, to bringevidence-baseddecisionmakingpractices l l l l l l l l Safe exchangegrantsreceivedin Milwaukeeinwhich Successful mortgagemediationprogram maintains eFiling incivilcases. Establishment ofaFamilyDrug Treatment Courtat Project ONE:Milwaukeehasbeenchosenasan Milwaukee’s selectionasaModelCourtthroughthe A NationalInstituteofCorrectionsgrantfromthe Efforts oftheMilwaukeeCommunity JusticeCouncil n role oftheChiefJudge, administration andthe covered subjectssuchas legal education. how besttousetheir who werestilldeciding practitioners andthose firms, smallsolo attorneys fromlarge questions.” pass, rotationofjudges, getting acourthouse divisions ofthecourts, an overviewofthe Kremers’ presentation The groupincluded n

THE THIRD BRANCH 2012 Fall 13 14

Fall Wisconsin recognizes jurors during September 2012 ourts throughout Wisconsin celebrated Juror proclamation designating September as Juror

THE THIRD BRANCH CAppreciation Month with a variety of activities held to Appreciation Month. Clerk of Circuit Court Lynn honor jurors during September. The theme of statewide Zigmunt recorded a radio public service announcement, Juror Appreciation Month, which was first recognized in thanking jurors for their service. And various items, 2008, is Jurors Serve Justice; Justice Serves Us All. including magnets and bookmarks, were distributed to In all, 83,768 jurors. people l In Dane County, Wisconsin Supreme Court Chief reported to a Justice Shirley S. Abrahamson, Justice Patience Wisconsin Drake Roggensack and Chief Judge C. William courthouse Foust met with and personally thanked jurors for ready to serve their service. on a jury The Dane County Long Range Planning and the during 2011, Law for the Public Committees launched an and 20,896 outreach program on the jury system. The program people served is designed to be presented to various groups as jurors including local service and business organizations, during a trial. school classes, and community groups interested in Just like learning more about jury process and court system. voting, jury l In Milwaukee County, Chief Judge Jeffrey A. service Kremers discussed jury service on Inside the County provides an Supreme Court Chief Justice Shirley S. Abrahamson Board, a monthly WISN-AM radio show. Audio opportunity visited with jurors during juror orientation as part of from the broadcast can be found at: for direct Juror Appreciation Month activities in Dane County www.county.milwaukee.gov/InsidetheCountyBoard. participation Circuit Court. With her is Chief Judge C. William Foust The Clerk of Circuit Court’s office gave out bags, in our and Dane County Jury Clerk Debra Rochon, who pens and post it notes and hung themed banners government, retired in September, after 19 years at the post. inside and outside the building: It was fair; I was and each juror there. makes a difference, Chief Justice Shirley S. Abrahamson l In Calumet County, the county board passed a said. resolution. Each county takes the initiative to recognize jurors in its l In Waukesha County, token items commemorating own way — some activities are as simple as providing jury service were be distributed and banners and posters jurors with snacks or extra coffee and hanging a “thank were hung at the courthouse. you” banner in the courthouse lobby. l In Green County, Circuit Court Judges James R. Beer Other celebrations are a bit more elaborate, involving and Thomas J. Vale submitted letters to the editor visits with jurors by justices, judges, and clerks of circuit thanking jurors for service and helping to uphold the court. Several counties issued press releases or submitted right to a trial by jury. letters to the editor thanking jurors for their service. l In Racine County, Judge Eugene A. Gasiorkiewicz Also in recognition of Juror Appreciation Month this year, Wisconsin Lawyer magazine, published a first-person see Jury on page15 account of jury service written by an attorney. James J. Casey Jr. served as a jury foreman in a Texas drunken driving case. The artice begins: “Recently I had the honor to serve on a jury – along with the responsibility of being jury foreman – for the sentencing phase of a criminal drunk-driving case in Bexar County (San Antonio), Texas. This article conveys my thoughts and experiences in those roles from the perspective of having previously done criminal defense work in Wisconsin. The jury experience was sad, fascinating, and memorable. In drunk-driving cases, there are no winners…” Among some of the activities at Wisconsin courthouses this year: l In Forest County, Circuit Court Judge Leon D. Stenz, Clerk of Circuit Court Penny Carter, and District Atty. Charles Simono marched in a parade in Crandon on Supreme Court Justice Patience Drake Roggensack greeted Aug. 31, displaying an 8-foot-by-4-foot banner and jurors during a juror orientation session in Dane County as tossing notepads, buttons, magnets and Tootsie Rolls. part of Juror Appreciation Month activities. Roggensack and The group also visited schools and senior centers to Dane County Clerk of Circuit Court Carlo Esqueda pose discuss the importance of jurors during September. here with a proclamation designating September as Juror Appreciation Month. l In Manitowoc County, the county board approved a Jury Treatment andSelection. Judges SubcommitteeonJuror program wasinitiatedbytheChief He wasprecededindeathbyhiswife,Marion. children, sevengrandchildren,andtwogreat-grandchildren. judge. of Appeals authored morethan50importantdecisionsasaU.S.Court to the1994editionof The America Bench,Coffey had Distinguished Professional Achievement in1985. According Merit Awardfor University AlumniAssociation Alumnus ofthe Year in1980,andreceivedtheMarquette was awardedtheMarquetteUniversityOutstandingLaw Year” bytheMilwaukeeJuniorChamber ofCommerce.He January. the federalcourt.Heretiredfrombenchthispast Supreme Courtin1977,andserveduntilhisappointmentto Our sympathiesgoouttohisfamily.” court judgegavehimawell-roundedperspectiveonthelaw. assistant cityattorney, municipalcourtjudgeandcounty served. Hisexperienceearlierinhiscareerasan and federalbenchwilllongbeappreciatedbythepeoplehe statement. “Hislonganddedicatedserviceonboththestate Circuit” ChiefJusticeShirleyS. Abrahamson saidina appointment totheU.S.Courtof Appeals fortheSeventh his yearsonthe Wisconsin SupremeCourt,beforehis division. senior judgeandaschiefpresidinginthefelony timeonthecircuitcourtbench,heservedass During his elected totheMilwaukeeCountyCircuitCourtin1962. The statewidejurorappreciation According toanobituary, Coffey issurvivedbyhistwo In 1951,Coffey wasnamed“Outstanding Manofthe Coffey successfullyranforanopenseatonthe Wisconsin “I wasfortunatetohaveservedwithJusticeCoffey during OBITUARIES the world…” legal systemthatistheenvyof living inafreesocietywith This isasmallpriceindeedfor and servingonjurieswhencalled. the militaryduringtimesofdraft than payingourtaxes,servingin doesn’t requiremuchofusother the columnread:“Ournation (Racine) JournalTimes which waspublishedby Jury Service, A Citizen’s Duty, wrote aguestcolumnentitled: house washeld. them fortheirservice. lawyers greetedjurorsandthank l l In St. CroixCounty, anopen In RockCounty, judgesand continued frompage 14 n continued fromfrontpage . Inpart, The Reporter Jolene Jezeski, andDeputyClerkofCircuit CourtGinaOlson. Court PennyCarter, ForestCountyCircuitCourtJudgeLeonD.Stenz, Court parade. Fromleft toright:DeputyClerkofCircuitCourtChrisGeske, ClerkofCircuit Forest CountyCircuitCourtstaff showsupportfortheirjurors whilemarchingina eight grandchildren. detective novels,andalwayswonat Trivial Pursuit. expert in World War IIhistory, enjoyedRobertB.Parker Child Advocacy Center. According toanobituary, hewasan and servedonthecommitteetoestablish Willow Tree Committee. HewasacharterMemberoftheInnsCourt Jury InstructionCommitteeandtheCivil don’t wanttoleaveasthecourthouse curmudgeon.” a lottobesaidforretiringwhileyoustillenjoythejob. You forward toadifferent life,Iamgoing tomissit.Butthere’s retirement. “WhileI’mlooking Branch years,” Dietztold to serveasareservejudge. He retiredin2007,butcontinued Pere andthecityofGreenBay. served ascityattorneyforDe worked inprivatepractice,and Prior totakingthebench,he then-Gov. Tommy Thompson. circuit courtbenchin1988by according toanobituary. the PabstBreweryoffices, working onhisdegreesfulltime,healsoworkedtimein degree fromMarquetteUniversityLawSchool. While his bachelor’s degreefromMarquetteUniversityandhislaw Dietz passedawayon Aug. 14.Hewas68.Dietzreceived Brown CountyCircuitCourt Judge RichardJ.Dietz He issurvivedbyhiswife,Candace;fourchildren;and During hisjudicialcareer, DietzservedontheJuvenile “I reallyhaveenjoyedthese19 Dietz wasappointedtothe Former BrownCountyCircuitCourtJudgeRichardJ. at thetimeofhis The Third n Judge RichardJ.Dietz

THE THIRD BRANCH 2012 Fall 15 16

Fall 2012 District Two Veterans court team sworn THE THIRD BRANCH

Second Judicial District Chief Judge Mary K. Wagner, Kenosha County Circuit Court, swears in the Veterans Treatment Court team. Team members: (back row, from left to right) Racine County Circuit Court Judge Gerald P. Ptacek; Racine County Veteran Service Officer Ali Nelson; Jim Muller, Racine Sheriff’s Dept.; Racine County Asst. District Atty. Mauren Martinez; Veteran Justice Outreach Specialist David Kagabitang; Racine County Assistant Public Defender Margaret Johnson; John Langdon, Department of Corrections. (Front row, from left to right) Racine County Circuit Court Judge Michael J. Piontek; Veteran Mentor Coordinator General Dominic Cariello (retired); Mary Jane Whitmore, Racine Human Services Department; Asst. Chief Barbara A. Hanson, Department of Corrections; Evaluator Jennifer Madore, Kenosha Human Services Department; District Two Court Administrator/Veterans Court Coordinator Andrew M. Graubard. he Second Judicial District’s Veterans Treatment Court counties instead of one court in each county. This resulted Tofficially launched Nov. 14, when team members were in a consolidation of valuable volunteer resources needed to sworn-in during a ceremony in the Racine County run such a court. Justice partners from all three counties in Courthouse. The ceremony marked the official start of the the district, including representatives from three different program, which is accepting eligible veterans who live Veterans Administration regions, successfully worked in a within Kenosha, Racine and Walworth counties. The first coordinated effort to ensure that the court meets each veteran defendant is scheduled to appear later this month. county’s individual requirements. n The opening of the veterans court is the culmination of nearly a year and half of training and preparation. The For more information about the Second Judicial District’s mission of the court is to honor veterans by restoring them Veterans Treatment Court, please contact Andrew M. to a productive life by providing judicial support, treatment Graubard, District Court Administrator, Second Judicial and supervision thereby enhancing public safety. District of Wisconsin at (262)636-3133 or By taking advantage of the compactness of the district, the [email protected]. court was created as a “district court” covering the three How we help at the State Law Library By Carol Hassler, Web Services Librarian, Wisconsin State Law Library hroughout the year, staff at the Wisconsin State Law extensive website, and the expertise of our staff help us to TLibrary (WSLL) field a wide variety of solve many of our questions quickly. questions from judges, court staff, You can learn more about the types of questions the attorneys, and the general public. In a libraries receive by visiting our website typical year, WSLL will answer more (www.wilawlibrary.gov), which includes pages than 7,500 questions by phone, email, devoted to legal topics, tutorials, and guides to in-person, or fax. We aim to answer all the library collections. In the past year questions to the fullest extent possible, 500,000 visitors to our website have within the boundaries of providing legal viewed nearly 1.5 million pages, many information but not legal advice. of them drawn to our popular legal topics Over the past four years, 68 percent of pages. questions came from members of the public How do we come up with these numbers? and 32 percent from judges, attorneys or others in WSLL library staff keep statistics for one the legal profession. These numbers represent only week out of every month on the types of WSLL statistics; the Dane and Milwaukee county questions and questioners, and then we legal resource centers generate their own large extrapolate averages. Recently, library staff share of use. Our county locations are terrific places also began to track how long it takes to form for local knowledge and contacts, and we in turn can an answer and keywords for the questions we provide additional resources to their users through our received. expanded collection and distance services. Using staff-entered keywords, we created this tag cloud of We typically research and prepare an answer in 15 the types of questions we have fielded in the past several minutes or less. More complex questions can take more months. The larger the word, the more questions we get on time, but our library treatise and database collections, that topic. n Courts website receives recognition Courts Courts (NCSC)on“ series ofarticlespublishedbytheNationalCenterforState www.wicourts.gov Websites T state highcourts currentlymakeoftheirwebsites and described havebeen collectedfromareviewof the usesthat and follow. date onthelatestfilingsincases theywouldliketotrack reporters, attorneysandmembers ofthepublictostayup-to- to subscribeRSSfeedsforindividual cases. This allows orders andoralarguments, Wisconsin also offers theability news releases,opinions,rulesordersandoralarguments. Court eachmonth;andRSSnewsfeedsforindividualcases which highlightsoneofthecasesargued beforetheSupreme before theSupremeCourt;“CaseofMonth”feature, received theawardinrecognition Capitol inNovember. Kerkman award ceremonyattheState Parent Outstanding Adoptive the annualGovernor’s of AdoptionAwardat Champion awarded theGovernor’s Judge ChadG. Kerkmanwas adoption work Kerkman honoredfor chair oftheCommitteeChiefJudges. as chiefjudge,includingone“chiefofthechiefs,”or Circuit Court,right.Storck servedthemaximumsixyears left, andChiefJudgeGregoryJ.Potter, WoodCounty Conference byDistrictCourt Administrator RonLedford, 2012 Annual MeetingoftheWisconsin Judicial his tenureaschiefjudge.Theawardwaspresentedat recognizing hiscontributionstothecourtsystemduring Storck, DodgeCountyCircuitCourt,withanaward Sixth JudicialDistrictjudgespresentedJudgeJohnR. The articleshighlightedseveralstandingfeaturesof In introducingtheseries,NCSC noted:“Thepractices In additiontofeedsfornewsreleases,opinions,rules, Kenosha CountyCircuitCourt AWARDS was amongstatecourtwebsitesfeaturedrecentlyina he Wisconsin courtsystem’s website .” , including:synopsesforcasespending Best PracticesforState SupremeCourt Judge ChadG. Kerkman www.wicourts.gov appreciation oftheirwork.” contribute toabetterpublicunderstandingofand existing webpresence,statecourtsoflastresortcan information. Bycreatingnewwebsites,orimprovingtheir that canassistcourtsincreatinganddisseminating identify newtechnologicaldevelopmentsandapplications judge, toldthe special teddybeardressedasa to putafamilytogether,” saidRossell,whoreceiveda attended. Kenosha CountyCircuitCourtJudgeJason A. Rossellhas occasion. This wasthefirst Adoption Dayceremony receive teddybearsandtotebagstocommemoratethe to celebratethemilestoneeventtogether. The children proceedings for12children. The eventallowsmanyfamilies Adoption Day, whereKerkmanoversawthelegaladoption supporters. Fouradoptivefamilieswerealsorecognized. followed byareceptionforfamiliesandadoption of ChildrenandFamiliesinthe Assembly Chambers,was ceremony, whichwashostedbythe Wisconsin Department for hisefforts toraiseawarenessaboutadoption. The of the Year’ Murray named‘Jurist legal system. community affairs topromotetheongoing respectforthe and lawyerreferralprgram, andparticipates incivicand organization sponsorsacontinuing legaleducationprogram one ofthelargest ethnicbarassociations inthecountry. The American Bar Association andis affiliated withtheNationalItalian society, foundedin1921,is in MilwaukeeOctober. The Columbus Day Awards Banquet the Year attheNineteenth Annual Marshall B.MurrayitsJuristof County CircuitCourtJudge Lawyers namedMilwaukee “This isamazing–thefunpartofbeingajudge… You get On Nov. 9,KenoshaCountycelebrateditsSecond Annual The JustinianSocietyof n Kenosha News n . Murray Judge MarshallB.

THE THIRD BRANCH 2012 Fall 17 18

Fall PEOPLE 2012 Justice David T. Prosser Outagamie County Circuit Court Judge John A. Des Jardins was shot down over Germany in 1944. The THE THIRD BRANCH addressed a group of legislators and legislative staffers who gathered in remains, along with the P-51 Mustang Des Jardins was Madison Oct. 10 for a professional flying, were found in a tiny German village in June of 2011 development seminar hosted by the (see The Third National Conference of State Branch, summer Legislatures. 2011). In his remarks, Prosser drew on “Our hero is his experience having worked in finally home,” U.S, each branch of government in Rep. Reid Ribble, discussing the relationship between Sherwood, said the legislative and judicial during the branches. ceremony before Improving understanding of the Justice David T. Prosser the remains were judiciary as a separate but co-equal buried at Fort branch of government will assist both the courts and the Howard Memorial

legislative branches in carrying out their roles, Prosser told Park, according to Photo credit: Sean Krajacic Kenosha News the audience at the Concourse Hotel. the Press Gazette. In this Kenosha News photo, Debbie He also discussed the importance of an independent and “It is a liberty that Boland cuts into her graduation cake as impartial judiciary. The perception that court decisions may has been paid for in probation agent Jacqueline Gatlin and be made based on campaign contributions is harmful to the blood,” Judge Des Kenosha County Circuit Judge Anthony judiciary, Prosser said. He also discussed the ramifications Jardins said to the G. Milisauskas look on. Boland of not adequately funding the courts. crowd, which graduated from from the Kenosha Drug and Alcohol Treatment Court -- the included many fourth person to complete the minimum UW-Marathon County recently veterans. “It is an 18-month probation program since it hosted a Wisconsin Access to Justice honor for me to say began in 2009. Commission hearing, the Wausau thank you to our Daily Herald reported, where several veterans.” legal professionals, Kenosha News celebrated the success local residents story of a recent Kenosha Drug and and an Access to Alcohol Treatment Court graduate. Justice Debbie Boland told the paper it was the Commission support she received from the drug court panel discussed team that made the difference and the problems helped her turn her life around. facing “The only experience I had with the Justice Ann Walsh Bradley individuals who court was the judge knew you by the lack the means to mistakes you’d made in your life,” she hire an attorney. told the Kenosha News. “They write you “Many people in Marathon County off. They don’t expect you to actually with jobs, homes and families contend be able to overcome your past. I figured Supreme Court Justice Patience Drake with significant legal challenges without it would be the same. I didn’t expect the Roggensack recently presented retired an attorney,” key note speaker Justice District II Court of Appeals Judge Harry support of the Drug Court.” Ann Walsh Bradley said, according to G. Snyder with a plaque recognizing his Boland, who began using drugs in the Daily Herald. “The unmet needs for years of service to the court system. 2008, completed 72 weeks of sobriety, low income residents is great.” made 42 court appearances and submitted to 117 drug tests to complete Justice Patience Drake Roggensack the program. presented plaques to recognized retired “I’m not saying that I’m cured, District II Court of Appeals Judges because once an addict, always an Harry G. Snyder and Daniel P. addict,” Boland told the newspaper. Anderson for their years of service to “But they’ve given me that foundation. the court system. The plaques were I need to build my tomorrows.” presented on behalf of the Supreme Kenosha County Circuit Court Judge Court during a brief ceremony at the Anthony G. Milisauskas, who helped District III Court of Appeals offices in Boland celebrate her graduation, told Wausau on Oct. 26. the paper that there isn’t always such cause for celebration. One young Closure has finally come for the Retired District II Court of Appeals Judge woman who relapsed after 38 weeks family of Second Lt. James A. Des Daniel P. Anderson receives a plaque of was ordered by Milisauskas to write two Jardins. The World War II fighter pilot’s recognition for his years of service from obituaries. remains were laid to rest over 60 years Justice Patience Drake Roggensack on “One of ‘em you die of a drug after he went missing, the Green Bay behalf of the Wisconsin Supreme Court. Press Gazette reported. The uncle of see People on page19 professional,” according to called Miller“a true were youngboysinStoughton, has knownMillersinceboth Judge DanielR.Moeser, who Dane CountyCircuitCourt ceremony. judges, whohostedthe the yearswaspraisedby work coveringcourtsover Times of workfor other beatsduring40years covered thecourtsandafew Miller’s honor. courthouse in the DaneCounty the eighthfloorof the pressroomon ceremony naming during aNov. 13 reporter Miller Times former gathered torecognize former colleagues court staff and including judges, reported. the twice thelegallimit, DUI convictionsandblood-alcoholcountsthatareatleast alcohol insweat. device installation,andinsomecases,patchesthatdetect monitoring andtesting,breathalyzerignitioninterlock to followtheprogram,whichincludesmandatorytreatment, paper reports.Fourparticipantshadbeenremovedforfailure seven graduatessincetheprogramlaunchedlastsummer, the Journal successful firstyear, accordingtothe graduation. served astheOWIcourt’s firstjudge,alsospokeatthe treatment program.RetiredJudge checks andwearamonitoringbracelet,aswellattend year ago,theparticipantsmustsubmittorandomsobriety ceremony, accordingtothe certificate ofgraduationandareleasefromprobationatthe as theOWIcourtjudge,presentedgraduatewitha County CircuitCourtJudge of the Walworth CountyOWICourt in October. Walworth completed drugcourt.” one youliveonforanother50,60yearsbecause overdose today,” heexplainedtothenewspaper. “Theother Reserve Judgeandformer Miller, nowretired, Dozens ofpeople The programisdesignedforseriousoffenders withthree Dane County’s DUItreatmentcourthashadavery As partoftheOWIcourtprogram,whichbeganabouta Lake GenevaRegionalNews PEOPLE State Journal for fourdecades.His newspaper (The) Capital . The programnowhasabout50participants, with The Capital continued frompage 18 William Foust. Mike Miller. Lookingon isMiller, left, andChiefJudgeC. Court courtroominhonorofformernewspaper reporter dozens ofpeoplewhogatheredinaDaneCountyCircuit Reserve JudgeDanielR.Moeser, right,addressedthe Regional News David M.Reddy Courthouse onNov. 13. honor attheDaneCounty Miller’s Mike Millerduring aceremonyheldin greets formerCapital Times reporter Chief JusticeShirleyS. Abrahamson reported onthefirstgraduate Robert J.Kennedy Wisconsin State . , whoserves , who contributions ofHispanicsinthemilitary. some personalhistoryandstatisticaltrendsthe Hispanics andHispanicculturetothecountry, alongwith contributions of thoughts onthe Peninsula. and theUpper military for Wisconsin branches ofthe to serveinall new recruitsenlisting processing centerfor (MEPS) onOct.11. Processing Station Military Entrance Defense Milwaukee the Departmentof celebration hostedby Heritage Month spoke attheHispanic County CircuitCourt, Martens coverage oftheevent. Martens sharedhis MEPS isthe Photo credit: Mike DeVries, Judge The Capital Times Kevin E. , Milwaukee branches, theindependenceof judiciaryasone branch toreviewand“check”the othertwo republic isbased. Without theabilityofjudicial system ofchecksandbalancesuponwhichour fundamentally criticaltotheruleoflawand the powerofjudicialreview. Nootherpowerisso branch ofgovernmentistheappropriateexercise party ortheother… be viewedasatooltousedbyonepolitical political power, oradvancement.Norshouldthey be trulyillusory…” of thethreecoequalbranches governmentwould

“The mostimportantresponsibilityofthejudicial Photo credit: Mike DeVries, The Capital Times U.S. Army Major U.S. Army civilian staff. The commandersatMEPS, incoming recruitsalongwithenlistedand of thejudiciaryandrulelaw. undermines respectfortheindependence political andbaselessattacksonjudges that theincreasingfrequencyofpersonal, Chief Judge Milwaukee JournalSentinel Martens’ visit. U.S. Air ForceCpt. be viewedastherouteto,orbasisfor, you siton.Courtsarenotandshould independence whicheversideoftheaisle democracy anddiminishjudicial decisions devalueourentiresystemof The audienceincludedabout20 In aguestcolumnpublishedinthe “Politically basedattacksonjudicial recognition ofHispanic Heritage Month. Milwaukee, whereMartensspokein Entrance ProcessingCenterin technician attheMilwaukeeMilitary Lisha N.Jones,administrativesupport County CircuitCourt,isrecognizedby Judge KevinE.Martens,Milwaukee Jeffrey A. Kremers Jeffrey A. Evangeline Rosel see Charles Day People on Nov. 2, on page 20 , hosted wrote and

THE THIRD BRANCH 2012 Fall 19 20

Fall 2012 Milwaukee County Justice Center to grow he Milwaukee County Justice Center (MJC), which civil litigants with greater access to justice, whether it’s by

THE THIRD BRANCH Tprovides pro se civil litigants who can’t afford an assisting with filling out legal forms that are difficult for pro attorney limited legal support, is growing. se litigants to understand, or providing brief legal advice on In November, the Milwaukee County Board approved a a one-time basis to individuals. capital improvement budget allocating $423,000 for a From the opening of the current clinic in calendar 2009 newly-constructed space, combining the Milwaukee Justice until the end of calendar 2011, the MJC has assisted more Center and the Legal Resource Center (law library). The than 15,000 clients total between its Family Law Self-Help Milwaukee Bar Association Foundation is committed to Desk and Brief Legal Advice Clinic. The center is expected raising a $375,000 matching grant for the MJC portion of to serve more than 11,500 clients, marking a 43-percent the project. The expansion will give the MJC a permanent, year-over-year increase, Caldart said. and consolidated home for all of its projects, including the In addition to helping clients, the center helps the court Family Law Clinic and Brief Legal Advice Clinic. The system, said Milwaukee County Clerk of Circuit Court John expansion will also allow the MJC to serve its quickly- Barrett. “We now have a professional place here in the growing client base. courthouse to send people who need procedural help, “It is remarkable to be on the cusp of this expansion,” without having to worry about legal advice issues, or about MJC Executive Director Atty. Dawn Caldart says. “The courthouse workers appearing unhelpful.” additional space will transform the way we deliver The center also helps the Milwaukee Bar Association services.” accomplish several of its goals, such as improving access to The MJC is a cooperative project between Milwaukee justice for Milwaukee County residents, and supporting the County, the Milwaukee Bar Association, and the Marquette county courts, said MBA President Atty. Charles H. Barr. n University School of Law. Its mission is to provide pro se

PEOPLE continued from page 19 “Justice Bradley calls for more women in the judiciary,” person on the bench making the decisions,” she was quoted headlined an article in the October Wisconsin Law Journal, as saying. “That was intriguing.” which reported only 14 percent of the state’s circuit court When asked what she was most proud of in her career, she judges are women. said her work in the juvenile court, again reflecting back on “As a profession we’ve come a long way. As a judiciary, her childhood. we have a long way to go,” the Law Journal quoted Justice “I had such a wonderful childhood,” she answered. “I Ann Walsh Bradley saying at a conference at Marquette think it’s important to make every effort to see if other kids University Law School. can have something even close to it.” “As women, our life experiences have prepared us to ask difficult questions,” Bradley went on to say. “Having people “I tried to decide between being a lawyer and being a who have different life experiences changes the museum curator, and decided one was a better vocation and conversation. the other a better avocation,” Reserve Judge Gary Milwaukee Atty. Diane Diel agrees with Bradley, Schlosstein told the La Crosse Tribune. according to the Law Journal. Schlosstein, who served as a circuit court judge for 38 “Women judges are required to create that diversity of years perspective.” before Bradley said she did see some hope for the future, as 39 retiring in percent of the incoming students at UW Law School, and 45 1990, percent of the incoming students at Marquette University opened the Law School were female, according to the article. Castle Arms and When asked by the Wisconsin Law Armor Journal what word she overuses, Museum in Chief Judge Mary K. Wagner, 2011 to Kenosha County Circuit Court, display his answered “malarkey.” collection “That has been a word in my of artifacts Photo Credit: Sydney Swanson Daily News Winona vocabulary since I was about 12. It he told the came from my mother,” Wagner told paper he Reserve Judge Gary Schlosstein stands next to “Max,” a full set of armor from 1520 at the the Law Journal. began Castlerock Museum in Alma, Wis. She also said her mother played a collecting role in what led her to pursue a career at the age of 10. in the law. She told the Law Journal The Tribune recounts his story of purchasing a Civil War when she was in middle school, her musket in a thrift store for $3. Since then, his collection has Chief Judge Mary K. mother hired a female attorney named grown so large, he told the paper he has lost count of just Wagner Doris Vaudreuil, and seeing such a how many pieces of weapons, armor and artwork he has. professional woman inspired her. She said she was also But there is one item in the collection of special importance inspired by another individual she witnessed during the to him. court proceeding. “I still have that musket I bought when I was 10,” he told “While Mrs. Vaudreuil was doing her work, I saw the the paper. n Outreach efforts highlightedinManitowoc Outreach efforts WRIPA 60thanniversary celebrates By Jenell Anderson, Secretary, Wisconsin RegisterinProbate Association

business ishandledintheprobate office. some uniformitythroughoutthe state astohow Probate Design.Oneofourmain goalsistohave Management Committee,CCAP Steering andCCAP on severalcommitteessuchastheRecords Members oftheassociationserveasrepresentatives and theassociation’s involvementintheprocess. mandated forms,thecreationofmanynew statutes haveledtotheon-goingrevisionofstate and guardianshipmatters. to assistallindividualswhomustdealwithprobate regarding changesinthelawandourresponsibility our offices withthemostcurrentinformation find thattheeducationaltrainingconferencesprovide efficiently andeffectively asdictatedbylaw. We for thepurposeoffulfillingdutiesouroffices registers inprobatefrommostcountiesthestate. The membershipconsistsofregistersanddeputy hold bi-annualeducationalconferencestothisday. in Septemberof1952. The association continuesto 1952, andtheveryfirsttrainingconferencewasheld WRIPA haditfirstorganizational meetingon April 25, Sally Lunde,registerinprobatefor Waukesha County. with ananniversarycakeandaslideshowputtogetherby spring conferenceheldinManitowoc,thegroupcelebrated T

over the past 12 years. years. 12 past the over

outreach programs in in programs outreach Willis’courtroom

second graders have participated in this in participated have graders second

The Big Bad Wolf. Bad Big The

mock trials of the the of trials mock

Law Day tradition of presiding over presiding of tradition Day Law

several outreach efforts, outreach several his including

Circuit Court Judge Patrick L. L. Patrick Judge Court Circuit Willisled

outreach efforts. outreach County Manitowoc

history of community education and education community of history

legal community and educators have a have educators and community legal

Connecting with Communities. Communities. with Connecting

Abrahamson’sCourts – initiative

including Chief Justice Shirley S. Shirley Justice Chief including

participation in outreach programs, outreach in participation

Neubauer is encouraging local encouraging is Neubauer

WisconsinCommittee, Bar Bench

As a member of the State the of member a As of Bar

October to discuss outreach programs. outreach discuss to October

Manitowoc County Bar Bar County Manitowoc in Association J

In thepastseveralyears,numerouschangesto The associationtakesprideinbeingaunifiedbody

The Manitowoc County Circuit Court, Circuit County Manitowoc The

Court of of Court the with visited Appeals, udge Lisa S. Neubauer, S. Lisa udge II District

Register inProbate Association (WRIPA). At thisyear’s his yearmarksthe60thanniversaryof Wisconsin

StateWisconsin of v.

More than 10,000 than More n Fox, andGaryL.Bendix;Mrs.JeanWillis. of Appeals; ManitowocCountyCircuitCourtjudgesPatrickL.Willis, JeromeL. secretary/treasurer. Frontrow, fromleft: JudgeLisaS.Neubauer, DistrictIICourt Judge DonaldPoppy;andJeffreyDunn,ManitowocCountyBar (back row, fromleft) KearyBilka,ManitowocCounty Barpresident;Reserve Recently gatheringtodiscussManitowocCountycourtoutreachactivitiewere Secretary Jenell Anderson (PolkCo.). (Columbia Co.)FormerPresident KayStelzner (ChippewaCo.)and Co.), Amy Franzen,President (OneidaCo.),JulieKayartz,Treasurer are: associationofficers:NancyDowling,Vice-President (Crawford the organization’s 60thanniversary. Celebrating,fromleft toright, The Wisconsin RegistersinProbate Association recently celebrated www.wripa.org. administrations. We encouragealltocheckusoutat represented personalrepresentativestouseininformal creation ofthe WRIPA websiteandaguidebookforself- We areproudofourmostrecentachievements–the n

THE THIRD BRANCH 2012 Fall 21 22

Fall 2012 Wisconsin Access to Justice Commission focuses on closing the justice gap THE THIRD BRANCH By Gregg Moore, President, Wisconsin Access to Justice Commission ccess to the civil justice system for low-income Wausau. Speakers included judges, lawyers, legal services Aindividuals continues to be a major societal concern in providers, court commissioners, volunteer attorneys, Wisconsin and throughout the religious leaders, social service agencies, and self- country. As noted in the State represented litigants. Others provided written testimony. Bar of Wisconsin’s With the generous support of volunteers from the Wisconsin groundbreaking 2007 study, Court Reporters Association, written transcripts have been Bridging the Justice Gap: produced for each hearing. Wisconsin’s Unmet Legal Needs, As one judge testified at the hearing, “The Constitution more than 500,000 of our state’s requires that a litigant, whether they be rich or poor, has a residents face serious legal meaningful opportunity to present their case.” Some of the problems without any legal messages that we heard repeatedly at the hearings were: (1) assistance. Repeated surveys in the unmet legal need for civil legal services is huge and the Wisconsin court system have growing; (2) the loss of state funding has meant a dramatic also highlighted the challenges cut in staffing and services provided by legal aid programs; posed by the growth in self- (3) everyone, from citizens, to social services providers, Gregg Moore represented litigants. The attorneys, judges and court staff see the value in having elimination of all state funding for civil legal services to the greater access to a range of legal assistance options; and (4) indigent from the FY 2011-2013 state budget has made a the legal community has an important role to play but challenging situation considerably more difficult. cannot solve the problem alone if we hope to close the In 2009, at the request of the State Bar, the Wisconsin justice gap. The commission is preparing a written report on Supreme Court established the Access to Justice the public hearings that will be available and widely Commission to develop and encourage means of expanding distributed early in 2013. access to the civil justice system for low-income Wisconsin Echoing the message from the Wisconsin court system, residents (see SCR Chapter 14). The commission works the Access to Justice Commission has written Department of with judges, bar leaders, legal services providers and many Administration Secretary Mike Huebsch asking that funding others to find and promote solutions. for civil legal services to the indigent be restored in the FY In its recent second annual report, the Access to Justice 2013-2015 state budget. Approximately $2 million of state Commission describes 10 accomplishments and highlights funding had been distributed to the Wisconsin Trust Account of the past year, from funding for legal services to limited Foundation in FY 2009-2010 and $2.5 million in FY 2010- scope representation to appointment of counsel to an 2011. WisTAF used that state appropriation to make grants education video. On our website, www.wisatj.org, you can to agencies providing civil legal services to Wisconsin’s review our most recent annual report, watch our “Access most vulnerable residents. to Justice Matters” video and learn more about the As noted in the commission’s letter to Huebsch, “With the commission. elimination of all state funding for civil legal services from The commission recently completed six public hearings the 2011-2013 biennial budget, Wisconsin became one of around the state to gather information, raise awareness and only four states that provides no state funding for this solicit suggestions for improving access to the civil justice critically important issue. By way of contrast, other system. In addition to commission members, hearing Midwestern states budget an average of $7.6 million per panelists included legislators of both parties and both year for civil legal services for the poor.” houses, supreme court justices, court of appeals and circuit In conclusion, the commission’s 17 members are deeply court judges, state bar leaders, county board supervisors, committed to improving access to the civil justice system philanthropy representatives, business and faith-based for low-income individuals. We welcome suggestions, leaders, congressional staff and social services providers. advice and help from any concerned citizen, and particularly More than 125 individuals spoke at the hearings in Eau judges and court staff. n Claire, Green Bay, La Crosse, Madison, Milwaukee and Grant to support Dane County visitation center he Dane County Circuit Court and three human service Albert said. Tagencies in Dane County have been awarded a grant In addition to the circuit court, the other partners in the from the U.S. Department of Justice’s Office on Violence grant application included the Dane County Department of Against Women to develop a supervised visitation center. Human Services, Domestic Abuse Intervention Services and Dane County Circuit Court Judge John C. Albert, head of the Children’s Service Society of Wisconsin. the circuit court’s family division, said $50,000 of the grant Visitation centers provide a place for noncustodial parents, will be used to plan the center, and $150,000 will be used to separated and/or divorced parents to visit their children implement the supervised visitation program during the next while monitored by a trained volunteer. Centers also provide three years. a safe and neutral site for exchanges, where parents can pick “All of the four stakeholders are enormously pleased with up and drop off their children at staggered times to avoid their successful application for this grant as a supervised contact with each other. n visitation center has long been needed in Dane County,” The Third Branch A. JohnVoelker Amanda Todd Tom Sheehan Amy Roehl Amber Peterson Gregg Moore Carol Hassler Michelle JensenGoodwin Sara Foster Carmel Capati Janell Anderson Sara Foster Amanda K.Todd Tom Sheehan A. JohnVoelker Shirley S. Abrahamson (608) 267-0980 fax [email protected] e-mail (608) 261-6640 phone Madison, WI53701-1688 P.O. Box1688 Court InformationOfficer Tom Sheehan and articleideasto: Send questions,comments, court system. interest totheWisconsin Office, providingnewsof Director ofState Courts quarterly publicationofthe The ThirdBranch Sara Foster Vernon CountyCircuitCourt Hon. MichaelJ.Rosborough Graphic Design/Layout Editorial Committee Contributing Writers Associate Editor Co-Editors Director ofState Courts Chief Justice www.wicourts.gov is a website at: The reportisavailableonOJA’s significantly tojudges’ workloads. viable, lowcostoptionthatdidnotadd court’s firearmsurrenderorderwasa steps toensurecompliancewiththe showed thatimplementingfollowup pilot wasissuedinMarch2012andit pilot project. A finalreportonthe implement andtesttheprotocolasa Waushara, and Winnebago –to four counties–Outagamie,Sauk, Council onDomestic Abuse. Committee andtheGovernor’s ViolenceWomen Against Advisory initially developedbytheOJA surrender protocol(protocol)was the court’s surrenderorder. ensuring therespondentcomplieswith statutes aresilentastoaprocedurefor surrender hisorherfirearms,the and someharassmentinjunctionsto respondent subjecttodomestic-abuse firearm surrenderprotocols. counties interestedinimplementing (OJA) havedevelopedresourcesfor cs www.oja.state.wi.us/programs/vawa/do T include: practice recommendations.” heading “Firearmsurrenderbest are availableonCourtNetunderthe injunction procedure. These resources temporary restrainingorderand conjunction withacounty’s existing create formsandprocedurestousein with OJA toadapttheprotocoland practice. CourtOperationsworked firearm surrenderprotocolasabest Chief Judgesvotedtorecommendthe Demonstration ProjectReport.” harassment cases harassment domestic abuse and availableresources for surrender New firearm By Amber Peterson,CircuitCourtPolicyandProcedure Advisor In 2010,OJA awardedmoneyto To helpfillthisgap,firearm Although Wisconsin lawrequiresa Some highlightsoftheprotocol In June2012,theCommitteeof under thelink“FirearmSurrender Firearms Statement ofPossession new formtitled the Office ofJustice Assistance he Office ofCourtOperationsand l Identifying FirearmsEarly: A is servedonthe Respondent’s [email protected] Operations at(608)267-7764or Amber PetersonintheOfficeof Court firearm surrender protocol, contact For more informationaboutthe harassment victims’ safety. protect domesticabuseand court’s firearmssurrenderordertohelp goal istoensurecompliancewiththe surrender hearings.Ultimately, the in theprocessofimplementingfirearm Districts andsomecountiesarealready First, Second,and Tenth Judicial Presentations havebeenmadetothe learning moreabouttheprotocol. county orjudicialdistrictinterestedin OJA areavailabletospeakwithany Staff fromCourtOperationsand court beforethehearing. submits proofofsurrendertothe from thecalendarifrespondent firearms. The hearingisremoved the respondentsurrendershis/her injunction hearingtoensurethat hearing oneweekfromthe court schedulesafirearmsurrender injunction hearing. the firearmwithin48hoursof respondent isorderedtosurrender respondent possessesafirearm,the If thecourtdeterminesthat expires. the injunctionisvacatedorwhenit court toreturnhis/herfirearmsif notice iftherespondentasks petitioner canchoosetoreceive court. party isrequiredtobepresentin firearms toathirdparty, thethird respondent wishestosurrender court attheinjunctionhearing. required tosubmitthisformthe firearms. The respondentis whether he/shepossessany requires therespondenttostate restraining order. This form respondent withthetemporary l l l l Following UponSurrender: The Setting a Timeline forSurrender: Notice toPetitioner: The Third PartyPresence:Ifthe n .

THE THIRD BRANCH 2012 Fall 23