Vol 12 No 3 H I G H L I G H T S Summer 3 Legislative committees take on issues 7 State, tribal courts work to build cooperation 2004 affecting courts 8 Retirements 4 Swap gives judges a new perspective 13 Justice Assistance Program in the works 5 Leadership 20 People

Now it's Justice Butler hen newly appointed Wisconsin Supreme Court the incumbent, Justice Diane S. Sykes, who had been WJustice Louis B. Butler moves into the Capitol, he will appointed the previous year by Gov. Tommy Thompson. bring with him several cherished possessions that speak Sykes served for five years before seeking a seat on the U.S. volumes about where he comes from, and where he’s going. Court of Appeals for the Seventh Circuit. After winning the “I’ll bring my portrait of Justice [Thurgood] Marshall that presidential appointment and Senate confirmation, she was hangs in my courtroom [in the Milwaukee County sworn in on July 4. Butler will be sworn in as justice in a Courthouse],” he said, “and my portrait of Dr. Martin Luther small ceremony on August 25 at the Capitol. A large, public King Jr. that hangs in my chambers, and a painting of a investiture will be planned for fall. company of black soldiers from the Civil War. Oh, and my The eldest of five children, Butler grew up with two James Brown doll that dances and sings. I’m bringing him, brothers and two sisters. His father was a loan officer and his a publication of the Wisconsin Judiciary a publication of the Wisconsin too.” mother was a home- It’s a safe bet that maker. He said he and Butler will be the only his friends in a one- justice with a 19-inch block area “agreed, no bobblehead Godfather matter what, that we of Soul in his cham- would not join a gang” bers. The doll is a and, with a couple of small emblem of the exceptions, they diversity that Butler honored that pact. believes is needed on Butler stayed busy the state’s highest delivering newspapers court. The different (he lied about his age perspective he will Chief Justice Shirley S. Abrahamson welcomes newly appointed Justice Louis to get the route when bring, he said, goes B. Butler to the Supreme Court during a press conference. Butler and his he was just 8) and wife, Irene, are to the left of the Chief; Gov. Jim Doyle and Butler's mother well beyond race. working hard in and daughter are to the right. “I bring a diversity school. He enrolled in of background to the Court, and that’s more than just ethnic- Lawrence University and discovered that Appleton, ity [Butler is the Court’s first African-American justice],” he Wisconsin, was a long way from home. said. “I don’t know that there’s anyone there who grew up in “I got involved with the African-American student organ- a gang-infested neighborhood [he was raised on Chicago’s ization,” he recalled, “and I met a lot of people. We shot a lot South Side] where they’re selling drugs on the street corners. of pool and I worked all the time because I was poor – I I understand the problems we see in court. I know where painted houses, ran the linen service on campus, sold sport- people are coming from.” ing goods at Gimbel’s-Fox Cities. I haven’t been without a Butler won election to the circuit court in 2002 when he job since I was 8.” defeated incumbent Judge Robert Crawford. He came to the Butler graduated from Lawrence in 1973 and earned his circuit court from the Milwaukee Municipal Court, where he law degree from the UW Law School in 1977. Watching served for 10 years. Prior to that, he was an assistant state speeches by President John F. Kennedy and Robert Kennedy public defender, a job that gave him an opportunity to argue inspired him to pursue the law. “I heard what they were at least 20 cases before the Wisconsin Supreme Court. He saying, and I really bought into it,” he said. said he remains the only public defender in Wisconsin His role models are U.S. Supreme Court Justices history to argue a case before the United States Supreme Thurgood Marshall – “because of his passion for justice” – Court. and William J. Brennan Jr. – “for his ability to build consen- Butler ran for this Supreme Court seat in 2000, but lost to see Butler on page 23

Statement of Chief Justice Shirley S. Abrahamson I have known Judge Butler for 25 years, first as a state On behalf of the entire Supreme Court, I welcome Judge The Third Branch public defender who practiced in front of this court, then Butler as a member of the Supreme Court, and I extend as a Milwaukee Municipal Court judge, and most recently thanks and congratulations to Governor Doyle for his as a Milwaukee County Circuit Court judge. timely – and history making – appointment. The governor has made an excellent choice from a Well, Judge Butler, that’s your welcome. Huge piles of group of excellent candidates. briefs and other documents are awaiting you. The Court’s Judge Butler’s lengthy and distinguished career in the first oral arguments are September 9. So, welcome and law will serve the people of Wisconsin exceptionally well. let’s get to work! www.wicourts.gov 2

Summer Director’s column: Preparing for a successful season 2004 t is that time again in Madison. Cooler weather is getting public defender indigency standards, criminalization of first- closer. Trepidation is building. Anticipation of the coming offense operating after revocation, Truth-in-Sentencing, the THE THIRD BRANCH I months makes both participants and observers anxious about challenges that pro se litigants present and the resources that the potential outcome of the season. Opinions on how to they require, and a variety of adverse effects of budget cut- approach the season are plentiful. And finally, backs and increased court fees. I’d like to thank everyone everyone is focused on the traditional sea of red who took the time to respond. that will return. No, I am not talking about the The governor has now issued his 2005-07 budget priori- beginning of the Badger football season. I am ties. They are: reducing the tax burden, investing in educa- talking about the beginning of the biennial budget tion, caring for kids, “grow” Wisconsin, supporting local season, which will be awash in red ink. government, reforming health care, protecting Wisconsin’s While arguably not as entertaining to watch as citizens, enhancing the state’s natural resources, securing a the Badgers, the upcoming budget season will be fair share of federal dollars, and streamlining state govern- similar in these respects: it will be challenging, ment. In spite of this incredibly ambitious agenda, the gov- unpredictable, and filled with highs and lows. ernor’ s budget target is zero growth, with certain After enduring years of budget cutbacks, it is criti- exceptions such as school aids, operation of institutions, and cal we have a successful season. entitlement programs. Further, the governor has directed A. John Voelker While the start of the 2005-07 biennium on executive branch agencies to prepare plans to absorb a 10- July 1, 2005 seems a long way off, my office has percent permanent base cut and warned of a potential 10- been working since May on developing the courts’ 2005-07 percent reduction in authorized positions. The 2005-07 biennial budget requests to be submitted to the governor and budget will start with a deficit of about $750 million. Legislature on October 1. I am continuing the practice of But if that’s not enough, recent calls for a constitutional having an open budget preparation process and have encour- amendment called the Taxpayers Bill of Rights (TABOR) aged input from judges and court staff. The Supreme could affect budget deliberations even though the earliest a Court’s Planning and Policy Advisory Committee (PPAC) TABOR constitutional amendment could be placed on a and the PPAC Planning Subcommittee will review the pro- statewide referendum is April 2007 (to take effect in the posed requests at a meeting later this month to ensure that 2007-09 biennium). budget priorities are in line with long-range goals. As you can see, we are entering a budget season that will Following PPAC’s review, the Supreme Court will make the be uncertain, challenging, and littered with potentially haz- final decision on the budget submission. ardous consequences for the court system. My job is to Budget development began with a survey asking judges, make sure – to follow the sports metapor – that we have a justices, court staff, and clerks of circuit court to share their “game plan” that gives us the best chance to be successful thoughts on potential budget initiatives, effects of cutbacks, both in the short and long term. We will submit a budget proposed statutory changes that would help reduce the request that, while fiscally prudent, supports those elements workload of the courts, and other issues affecting the court crucial to fulfilling the constitutional responsibilities of the system. Even as budget requests were solicited, I warned judiciary. From there we will have to work together to make that once again GPR funding would be severely limited in sure that the other two branches of government understand the upcoming biennium, with a plethora of needs competing and support the needs of the third branch. Strap on your for scarce resources. helmet and let’s go. In the responses, some common concerns emerged:

PPAC focuses on courtroom technology and overcrowded prisons by Dan Wassink, senior policy analyst here are at least eight drug courts currently operating in ranked “overcrowded prisons/alternatives to incarceration” TWisconsin counties, and 33 teen/youth courts at the as their number-one issue. Besides examining the county and municipal level (with five more in the planning effectiveness of problem-solving courts, the new stages). Waukesha County is investigating the possibility of subcommittee will consider creative sentencing alternatives, opening an alcohol abuse treatment court in response to the as well as other court-related programs and policies increasing number of repeat drunk drivers. designed to reduce incarceration levels while ensuring Regardless of the type, most specialty courts have a public safety. common goal: to expedite the legal process to get offenders PPAC also has decided to reactivate its Videoconferenc- into treatment programs more quickly in exchange for ing Subcommittee. That group was responsible for the reduced time in jail or prison. The ultimate goals of this highly regarded “Bridging the Distance” publication in process are to increase the chances of rehabilitation, reduce 1999, which is still used today in planning for recidivism, and ease the growing problem of prison and jail videoconferencing technology in the courtroom. However, overcrowding. some of the technical standards contained in “Bridging the The Planning and Policy Advisory Committee (PPAC) Distance” are outdated, so subcommittee members will has responded to the trend toward problem-solving courts by review and update them as needed. forming a new Alternatives to Incarceration Subcommittee. The subcommittee also plans to examine the need for The results of PPAC’s 2003 issue identification survey also rules, procedures and protocols to encourage greater use of played a role in the decision, as attorneys in the survey see PPAC on page 15 by NancyM.Rottier, legislativeliaison Legislative committeestake courts onissuesaffecting I · includes asittingcircuitcourtjudge,asfollows: August. likely todiscussthescopeofeachstudycommittee,in expected toholdtheirinitialmeetings,atwhichtheyare to haveadirectimpactonthecourts. The committeesare formation of12studycommittees,fourwhicharelikely n lateJuly, theJointLegislativeCouncilannounced Children's Court; Atty. SandraCardoGorsuch, CardoGorsuchLegal Oak Creek;Judge Thomas P. Donegan,MilwaukeeCounty Beloit); Rep.Jeffrey Wood (R-Chippewa Falls);Rosemary Albrecht, Rep. Ann M.Nischke(R-Waukesha); Sen.JudithRobson(D- Sheryl Albers (R-Reedsburg); Rep.Stephen L.Nass(R-Palmyra); place ofthe1968UniformChild CustodyJurisdiction Act. State Laws,anddeterminewhether Wisconsin shouldadoptitin proposed bytheNationalConferenceofCommissionersonUniform Child CustodyJurisdictionandEnforcement Act, whichhasbeen those laws. guardians, anddevelopproposedlegislationtoclarifyimprove guardianship ofminorsandtherightsresponsibilities Child GuardianshipandCustody Sampson, Children'sServiceSocietyof Wisconsin, Wauwatosa. Attorney's Office; MaryJane Proft,Germantown;andJames Assistant District Atty. PatrickJ.Kenney, MilwaukeeCountyDistrict Court; Stephen W. Hayes, The SchroederGroup, Waukesha; Christopher R.Foley, presiding judge,MilwaukeeCountyChildren's Joseph Ehmann,firstassistantstatepublicdefender, Madison;Judge Susan Dreyfus, Alliance forChildrenandFamilies,Milwaukee; Atty. (D-South Milwaukee);Rep.ChristineSinicki(D- Falls); Rep.Steve Kestell (R-ElkhartLake);Sen.Jeffrey T. Plale permanency isachievedforchildrenasquicklypossible. child welfaresystemtoensurecompliancewithfederallawandthat expenses. Italsowillstudy TPR andadoptioninthecontextof The committeewillconsidercreatingastatetaxcreditforadoption Wisconsin andtomaketheprocessmoreefficient andcost-effective. whether modificationscouldbemadetoencourageadoptionsin adoption andterminationofparentalrights(TPR)todetermine Adoption and Termination ofParental Rights The membershipofeachthosefourcommittees h iso n ebrhpo thecommittees of missionandmembership The Adoption and Termination ofParental Rights Code –JudgeDavidL.Borowski,MilwaukeeCounty Recodification ofChapter938,theJuvenileJustice Donegan, MilwaukeeCountyChildren'sCourt August 24,Capitol Children’s Courtpresidingjudge;firstmeeting Tuesday, Judge ChristopherR.Foley, MilwaukeeCounty Child GuardianshipandCustody–Judge Thomas P. The membersare:Sen. Alan J.Lasee,chair, (R-De Pere);Rep. The committeealsowillreviewtheprovisionsofUniform This specialcommitteewillexaminecurrentstatelawsregarding The membersare:Rep.SuzanneJeskewitz,chair, (R-Menomonee This specialcommitteeisdirectedtostudycurrentlawrelating – Adoption and Termination ofParentalRights. of CourtOperationswillactasaliaisontothecommitteeon the courtsystem,andMichelleGoodwinJensenofOffice to workwiththesecommittees;Iwillserveasaliaisonfrom choosing topicsfromamongalistsuggestedbylegislators. numbered yearswhiletheLegislatureisnotinsession, special studiesofmajorissuesandproblemsineven- expertise andinterestinthesubject. The Councildirects leadership ofbothpartiesaswellcitizenmemberswith The LegislativeCouncilhasaskedtheDirector’s Office The Counciliscomprisedof22legislatorsincludingall Sexually Violent PersonCommitments–JudgeRichard J. Sankovitz,MilwaukeeCountyCivilDivision East MainSt., Suite401 10 a.m.,LegislativeCouncilConferenceRoom,One Children’s Court;firstmeeting Thursday, September23, Tess, Wisconsin DepartmentofCorrections. Richard J.Sankovitz,Milwaukee CountyCircuitCourt;andSally District Attorney's Office; MichaelNofzinger, Appleton; Judge Assistant District Atty. RebeccaF. Dallet,MilwaukeeCounty Staskunas (D- West Allis); Rep.Jeff A. Stone (R-Greendale); Stevens Point);Sen.MaryLazich(R-NewBerlin);Rep. Tony Rep. MarkGundrum(R-NewBerlin);Sen.JulieM.Lassa(D- discharge ofsexuallyviolentpersons. commitment, periodicreexamination,supervisedrelease,and Sexually Violent PersonCommitments Pruski, State PublicDefender’s Office, Madison. Garber, Association ofState Prosecutors,Madison;and Atty. Gina Department ofHealthandHumanServices, Waupaca; Atty. Don County Children'sCourt;DennisDornfeld, Waupaca County David A. Zien(R-EauClaire);JudgeDavidL.Borowski,Milwaukee Oshkosh); Rep.MarlinD.Schneider(R-Wisconsin Rapids);Sen. Samantha Kerkman(R-Burlington);Rep.CarolOwens Garey D.Bies(R-SisterBay);Sen.RobertJauch(D-Poplar);Rep. changes. language; codifyingcourtdecisions;andmakingminorsubstantive provisions; modernizinglanguage;resolvingambiguitiesin re-titling certainsectionsandsubsections;consolidatingrelated fit inalogicalmannerwiththerestofchapter;re-numberingand possible reorganization ofcertainpartsthechaptertomakethem of Chapter938thestatutes. This willincludeexamininga Recodification ofCh.938,JuvenileJusticeCode Coalition Against Domestic Violence, Madison. counsel; BettyKlug,LakeMills;andPattiSeger, Wisconsin Services, Reedsburg; Atty. MaryKasparek,DaneCountycorporation The membersare:Sen. Alberta Darling,chair, (R-RiverHills); This specialcommitteewillstudycurrentlawrelatingtothe The membersare:Rep.ScottSuder, chair, (R-Abbotsford);Rep. This specialcommitteewillconductastudyofthere-codification

THE THIRD BRANCH 2004 Summer 3 4

Summer Swap gives judges a new perspective 2004 urnett County, where they’re still bragging about the Things looked a little different up north. “The sheriff was THE THIRD BRANCH B170-pound sturgeon caught at Yellow Lake in 1979, and quite vigilant,” Kahn said, “but no one was in shackles, no where the tourism bureau hands out advice on skinning one was chained to the chair. It was a very sensible bullheads, is about 340 miles from Milwaukee. But the real approach.” distance between the quiet woods of northwest Wisconsin Part of the reason for the different approach to security and the hustle of the state’s largest city is, as two Wisconsin in a small, rural courthouse is that the sheriff knows the judges recently discovered, not so easily measured. local troublemakers. In fact, Kahn found, pretty much In July, Judge Charles F. everybody knows Kahn Jr. traded his high- everybody. One morning, volume Misdemeanor he said, a defendant failed Division calendar in to appear for his scheduled Milwaukee County Circuit hearing. “And another Court for Judge Michael J. citizen in the courtroom on Gableman’s do-it-all an unrelated matter piped calendar in Burnett County. up and told me, ‘[the The trade took about five defendant] works down the months of planning. block. I’ll tell him you’re “The planning was the looking for him.’” key,” Kahn said. “We Kahn also found that the contacted every party and Judge Judge Charles F. Kahn Jr. easy working relationship gave advance notification to Michael J. Gableman among the court, the deal with any substitution District Attorney’s Office, requests and we brought the staff in on everything. They and the Office of Clerk of Circuit Court Trudy Schmidt were very enthusiastic.” made for smooth proceedings. “There’s a real sense of The idea took root at last year’s Judicial College, where teamwork,” he said. “Everyone pitches in and does what it Gableman and Kahn sat next to one another. Gableman, who takes.” He noted that Judicial Assistant Mary Hinrichs has a had heard about the Judicial Exchange Program initiated by scheduling system in place “that pretty much eliminated Chief Justice Shirley S. Abrahamson several years ago, both downtime and overlap.” asked Kahn if they could switch sometime. While Kahn was handling everything that came his way “It gives us a chance to see each other’s worlds for a in Burnett County, Gableman was experiencing life in week, and I think there’s value in that,” Gableman told his misdemeanor court – where 40 guilty pleas and sentencings local newspaper. “There’s value in a metropolitan judge like are handled on a typical morning. Judge Kahn seeing how things are done in Burnett County, What both judges noted was the prevalence of drugs and and there’s value in a rural judge like me being exposed to alcohol. “There’s just as much addiction there as there is Milwaukee’s system.” here,” Kahn said. For Kahn, who handled bail hearings, preliminary Kahn and Gableman praised Director of State Courts A. hearings, small claims, and criminal matters during his week John Voelker, Chief Judges Edward R. Brunner and Michael in Siren, courthouse security was the most visible difference. P. Sullivan, and District Court Administrators Gregg Moore In Milwaukee County, only one inmate is permitted in the and Bruce Harvey for working out the logistics. The judges courtroom at any time, and he or she must be shackled to received their usual pay for the week and covered expenses the chair and guarded by two bailiffs. on their own.

New Small Claims Assistance Program debuts in Dane County

ontinuing with its mission to provide services to self- The Dane County Legal Resource Center is a public law Crepresented litigants, the Dane County Legal Resource library operated through a contractual arrangement between Center opened a Small Claims Assistance Program on the Dane County Clerk of Courts and the Wisconsin State June 22. Law Library. Volunteer attorneys from the Dane County Bar Association assist small claims court litigants with For more information, contact the Dane County Legal questions, forms, and procedures every Tuesday from 9 to Resource Center at (608) 266-6316 or 11 a.m. on the third floor in the Dane County Courthouse. [email protected]. This service is co-sponsored by the Dane County Bar Association’s Delivery of Legal Services Committee. Judge champions 'JusticeWorks' I amdoing.” can tellyouithasrenewedmyvigor andithasrenewedmycommitmenttowhat job. society: Fleishauerknewheandhiscolleaguesneededanarray of toolstodothat YMCA. start willoffer jailinmatesregular, supervisedexercisesessionsthroughthelocal as aconditionofprobation,andonetheJusticeWorks projects hehopesto effective. Hesaidheoften,forexample,ordersdefendantstoexerciseregularly program asawaytoexploreoptionsandexpandideasthathave proven working foryearstofindwayskeeppeoplefromre-offending, seesthe the community’s enthusiasmforthisprogram. Justice Ann Walsh Bradleygaveawell-receivedkeynoteaddress–demonstrated and willbecentraltobuildingthisone,saidthekick-off meeting–atwhich King, whohasworkedinseveralcountiestodeveloprestorativejusticeprograms favorite recruitmentspots.“Ialwayshopetorunintopeopleatthegrocerystore. larger storyabouttheeffort, thenewspapergaveawayoneofFleishauer’s driven inpartbyconcernsaboutever-increasing jailpopulations. the offender. Ithastakenoff in Wisconsin andelsewhereinthepastfiveyears, umbrella termforprogramsthatfocusonhealingthevictim,community, and complement theworkoftraditionaljusticesystem.Restorativeisan ambitious effort todesignanetworkofrestorativejusticeprograms since.” do,” Fleishauersaid.“Igothim.He’s beenveryinvolvedinourprojectever had retired.“Iaskedhimwhathewasdoingandifneededsomethingelseto community volunteersintheproducesection. reported inthelocalnewspaper. Butthatiswhathappenswhenyourecruit W Judge FredericW. Fleishauer LEADERSHIP When the That project,anon-profitcorporationcalledJusticeWorks, Ltd.,isan “I neverdreamedIwouldbeworking onthistypeofproject,”hesaid,“butI But exercisealonedoesnotturncriminalsintoproductivemembers of Fleishauer, who,likemanyofhiscolleaguesacrossthestate,hasbeen Fleishauer ranintoalongtimeacquaintancewhomentionedthatherecently Point onedaylastwinter, hehardlyexpectedhisactivitiestherewouldbe hen JudgeFrederic W. FleishauerstoppedatagrocerystoreinStevens Stevens PointJournal County JusticeProgramsCoordinatorKathy met threetimesoverthesummer. Portage members electedaboardofdirectors,which foundation grants. for federalmoneyandpursuingother Catholic organization. Itcurrently isvying Foundation, the American Legion,andalocal Wisconsin, theStevens PointCommunity start-up grantsfromtheState Barof JusticeWorks andthegrouphasreceived than 200peoplearenowmembersof months.” There areafewpeopleI’vebeenafterfor described thegrocery-storeencounterina firstmeetingwasheldinMayand A Fleishauer’s techniquehaspaidoff. More Tackling thetask this group. Point Prof.John Morserischairing University of Wisconsin -Stevens center forproselitigants.Retired will explorebuildingaself-help Access toJustice jail. County hashiredtoworkinthe social workerwhomPortage public defender, andDanBarth,a Donna Ginzl,anassistantstate community. The co-chairsare Atty. of successfulreintegrationintothe chances ways toimproveinmates’ Mentoring a localalternativehighschool. Office, andLizFulton,principalof Portage CountyDistrict Attorney's victim/witness coordinatorinthe are CarrieDavies,the children andfamilies. The co-chairs improve thejusticesystemfor The groupalsowilllookathowto together foramediateddiscussion. which bringsvictimsandoffenders victim-offender conferencing, Mediation retired probationandparoleofficer. supervisor, andDonGeiger, a Medin, aPortageCountyBoard co-chairs ofthisgroupareDave are returningtothecommunity. The finding housingforoffenders who alternatives toincarcerationand Housing the result. proceed inthisfashionandabideby and defendantmustagreeto outset, thejudge,attorneys,victim, crime sentencetheoffender. At the who aresomehowaffected bya process inwhichagroupofpeople look at‘circlesentencing’,a group istakingaverypreliminary alternative sentencing,andsaidhis this group,whichisexploring Judge Frederic W. Fleishauerchairs Alternatives toSentencing are: possible solutions. The taskforces exploring adifferent problemand split intofivetaskforces,each As afirststep,JusticeWorks has This groupwillexplore This groupwillstudy This groupwillexplore This group

THE THIRD BRANCH 2004 Summer 5 6

Summer Revisiting the proper and sound exercise of discretion 2004 n March 3, 2000, a Milwaukee steel worker named presented to the court and that influenced the sentence. THE THIRD BRANCH OCurtis Gallion ended his shift at the factory, had a few These include: drinks, and drove home. He was traveling approximately 50 miles per hour when he ran a red light at Locust and 35th District attorney recommendation streets and killed Vanessa Brown, a passenger in a car that Defense attorney recommendation he hit. Gallion, a mildly mentally retarded man who court Victim(s) statement records indicate began dealing drugs at age 14, pleaded Defendant statement guilty to homicide by intoxicated use of a motor vehicle. In Letters exchange for his plea, Gallion received a promise from the Defense witness statements prosecutor not to push for any particular length of Pre-sentence investigation incarceration. Defense sentencing memorandum After a lengthy sentencing hearing, Judge John J. Sentencing guidelines DiMotto, a highly respected veteran Milwaukee County Circuit Court judge, sentenced Gallion under Truth-in- The court’s reasoning must be articulated Sentencing to 21 years in The court should set forth a number of items, beginning prison followed by nine with the general sentencing objectives that affect the years of extended sentence. These include: supervision. This was about half the maximum sentence Protection of the community authorized by the Punishment of the defendant Legislature. Rehabilitation of the defendant Gallion appealed, Deterrence of others arguing that DiMotto had Restorative justice failed to adequately explain Victim restitution the specific reasons for this Judge John J. DiMotto sentence and had abused his Identify and prioritize the general objectives of greatest discretion. He also importance in the case. contended that the judge improperly considered the victim’s Describe the facts in the case relevant to each general good character; Gallion argued that a person who kills objective. someone by drunk driving should not deserve more or less Explain, in light of the facts of the case, why the time in prison because of the victim’s character. The Court particular component parts of the sentence imposed advance of Appeals affirmed the sentence and the Supreme Court, in the specified general objectives. a unanimous opinion issued in April (2004 WI 42), affirmed Identify the factors that were considered in arriving at the Court of Appeals. the sentence and indicate how those factors fit the general The Supreme Court opinion, authored by Justice Ann objectives and influence the decision. These include: Walsh Bradley with a concurrence from Justice Jon P. Wilcox, gives trial judges guidance for setting out their Criminal record reasoning on the record. The opinion is the centerpiece of a History of undesirable behavior new continuing education course for judges, which DiMotto Personality, character, social traits himself is teaching. Following are the key points from Result of the pre-sentence investigation Gallion that DiMotto emphasizes. Vicious or aggravated nature of the crime Degree of culpability Discretion contemplates a process of reasoning Demeanor at trial The process of reasoning depends on facts that are of Age, educational background, employment record record or that are reasonably derived by inference from the Remorse, repentance and cooperativeness record and a conclusion based on a logical rationale founded Need for rehabilitative control upon proper legal standards. Rights of the public Sentencing requires the court to state the reasons for its Length of pretrial detention sentencing decision in open court and on the record. If the 973.017(3) aggravating factors court determines that it is not in the interest of the defendant Mitigating factors for the court to state the reasons for its sentencing decision in the defendant’s presence, the court shall state the reasons Impose a sentence for the minimum amount of custody for its sentencing decision in writing and include the written or confinement consistent with the primary sentencing statement in the record. factors: The court should reference all materials that were see TIS on page 12 I Wisconsin Tribal Judges' Association by JudgeDavidRaasch,president tobuildcooperation work tribalcourts State, government officials, andotherinterestedparties. district courtadministrators, guardians commissioners, prosecutors,defense attorneys,courtclerks, 100 attendees,includingstatejudges, tribaljudges,court Tribal Court. Together, thethreeseminarsdrew wellover third wasoffered inJuly, hosted bytheLacDuFlambeau Band ofMohicans Tribal Courthostingtheevent;and second wasoffered in April with theStockbridge-Munsee at theHo-Chunk Tribal CourtinBlackRiverFalls;the encourage broadparticipation. The firstwasheldinJanuary presenting seminarsindifferent partsofthestateto Wisconsin Tribal Judges Association (WTJA)hasbeen either tribalorfederalcourt. of PublicLaw83-280,thesemattersweredealtwithin involving Indiansonreservationland.Priortotheenactment giving statescriminalandciviljurisdictioninmatters which hopedtoreduceitsownroleinIndianaffairs by 280, alawenactedin1953bythefederalgovernment, 2003, ajointtrainingsessionwasoffered onPublicLaw83- need forjointseminarsonanumberoftopics.InOctober called OnCommonGround. That conferenceidentifiedthe federal, andtribalcourtsmetinMarch1999foraprogram jurisdictional disputesarehandled, Wisconsin’s state, time andmoney. in moreefficient useofthecourts – whichsaveseveryone issues outquicklyandcleanlyavoidsconfusionresults the jurisdictionquestionisevenmurkier. Working these solid agreementamongtheparties.Inmanyotherinstances, to committhemattertribalcourt,therewaslessthan exam question.” there areenoughissuesinvolvedtomakeagoodlawschool or transfer. court, exceptforoneproblem:theState opposedadismissal over thedefendant. The case seemedheadedforthetribal limitations onhercourt’s authoritytoexercisejurisdiction circuit courtJudgeNeal A. Nielsenthatshesawno agreed toprosecute,andtribalJudge Alice Soulieradvised jurisdiction overnon-memberIndians. The tribalprosecutor supported hisargument thattribalcourtsmayexercise (U.S. v. Lara,124S.Ct.1628)issuedin April 2004 court tohearthecase,andaU.S.SupremeCourtdecision to Vilas CountyCircuitCourt. members foranumberofyears. The citationwasreturnable traffic matters(includingfirst-offense OWI)involvingtribal du Flambeau,whichhasbeenexercisingjurisdictionin member ofanIndiantribe,hewasnotatheLac Operating While Intoxicated(OWI). While themanwas a Lac duFlambeaureservationandcitedhimforfirst-offense stopped amanonstatehighwaythatrunsthroughthe n Vilas Countyrecently, a Wisconsin statetrooper To laythegroundworkforimprovinghowthese While controllinglawinthiscasemighthaveappeared The defendantchallengedthejurisdictionofcircuit Building uponthe1999and2003sessions, “The factsmaybeprettysimple,”Nielsensaid,“but ad litem , tribal legal traininglandscapein Wisconsin. hopes tomakethistrainingprojectpartofthepermanent greatest benefitofthesesessions. between stateandtribalcourts.Communicationwasthe discussions identifiedtheneedsforopencommunications well aspeopleknowledgeableaboutthecaseitself. These individuals whowereinvolvedindraftingtheprotocol,as revolved aroundthe‘Teague Protocol’.Presentersincluded credit willbegrantedtoatribalcourtdecision. the 'Teague Protocol'fordeterminingwhenfullfaithand State courtandtribaljudgeslistentoadiscussionof h TAconsidersthesesessionsabigsuccess,and The WTJA The topicthatgeneratedthemostinterestanddiscussion eitaindaln sOtbr1 Registration deadline isOctober [email protected]. St., GreenBay, WI 54301,ore-mail David Raaschat(920)432-8355 or1498Grignon and muchmore.Lunchwillbeprovided. cases, nuts andboltsforjudgeshandlingICWA of theIndianChild Welfare Act (ICWA), caselaw, Parkside inKenosha. October 15attheUniversityof Wisconsin – attend afree,one-dayseminarsetforFriday, interested inIndianchildwelfareareinvitedto K T r e For registrationmaterials,contact Judge On theagendaareadiscussionofhistory Judges, attorneys,socialworkers,andothers a n i A o n w s i w n h g a o J s r s u d e d o see page 19 s o g s f e t i R t o R h n a a s s a n e s k t c s f h f f f o . r r o m

THE THIRD BRANCH 2004 Summer 7 8

Summer RETIREMENTS 2004 travel and to spend more time with their two grandsons,

THE THIRD BRANCH Bayorgeon presided in many notorious cases ages 5 and 9, who live in Mondovi with Bayorgeon’s Twenty-one years ago, when Judge James T. Bayorgeon daughter, Julia, a speech therapist and organic farmer. He became a judge, there wasn’t a lot of crime in Outagamie and his wife also have a son, Stephen, who lives in Chicago County. Bayorgeon handled a great variety of cases, and does commercial voice-over work. including many civil matters. Today, civil trials are Gov. Jim Doyle will appoint a replacement for uncommon and, while Appleton is no Sin City, the Bayorgeon. criminal caseload has grown exponentially. “It’s a substantial majority of what I do,” Milwaukee HR manager brought Bayorgeon said. “And I find it demoralizing.” calm to difficult job Bayorgeon, who will retire in mid-October, was Before Jean Gmeindl became human resources manager appointed in 1983 by Gov. Tony Earl. During his for the Milwaukee County courts, she spent 20 years judicial career, he has handled a couple of the working in the county’s Mental highest-profile criminal cases in Wisconsin history. Health Complex. It was perfect Judge One involved serial killer David Spanbauer, whose training for her role with the James T. Bayorgeon crime spree spanned four decades. Many of courts. Spanbauer’s crimes were committed while he was on parole, Gmeindl, who retired in July, and his case helped pave the way for “two-strikes” laws and, also served a stint in the County later, Truth in Sentencing. Executive’s Office as office The other notorious case was the so called ‘paper vat’ manager for Dave Schulz, a murder, in which a group of six paper-mill workers were colorful one-term executive. jointly tried and convicted of first-degree intentional Former Milwaukee County homicide for tying a 50-pound weight around Thomas Clerk of Circuit Court Gary Jean Gmeindl Monfils’ neck and throwing him to his death in a vat of Barczak hired Gmeindl away paper pulp. Monfils had tipped police off about some thefts from the County Executive’s Office 13 years ago. Barczak’s and had emphasized the need to protect his identity. His successor, John Barrett, has found Gmeindl’s problem- murderers, however, were able to obtain from police a copy solving skills to be invaluable. of the tape that contained his telephone tip and they killed Gmeindl said she enjoys the challenge of breaking down him shortly after playing it. One of the six convictions a seemingly insurmountable dilemma into smaller, more eventually was overturned in the federal district court for workable, parts. “Problems aren’t always as big as they first lack of sufficient evidence; the U.S. Court of Appeals seem,” she said, adding that her own life experiences have affirmed this ruling. helped her to work well with people. She turned down a Bayorgeon said he “never had a problem” managing scholarship to Lawrence University to take a job as a these cases, perhaps because no attorney would dare step out clerk/stenographer with the county nearly 40 years ago and of line in his court. Bayorgeon’s patience was, however, then realized the value of a college education and earned a tested when a local newspaper ran a large picture of the jury bachelor’s degree from Alverno College. during the Monfils case. In retirement, Gmeindl plans to work in the garden at her Patience, Bayorgeon said, is a vital commodity for every Franklin home and spend more time reading and walking. judge and he recommended that the governor choose a She and her husband have two daughters, who live in successor who has “an adequate store.” Madison and Milwaukee, and one son in Green Bay. “I used to have a lot of patience,” he said, “but I think I used it all up two or three years ago.” Waukesha clerk pioneered in-court He becomes especially impatient with defendants who processing blame their crimes on falling in with the wrong crowd. “In Linda Martinez was never one to let her years on the job all my years on the bench, I’ve never yet met a member of interfere with her ability to bring a fresh perspective to a the wrong crowd,” he said. “I’ve only met people who fell problem. That may be why, after 25 years of service in the in with them.” Clerk of Circuit Courts Office in Waukesha County and 34 One of the most rewarding parts of his job, Bayorgeon years of overall county service, Martinez still was working said, has been working on administrative matters. He is a with Clerk of Court Carolyn Evenson on innovative longtime member of the Supreme Court’s Planning and solutions to everyday problems. Martinez, who retired in Policy Advisory Committee and said he finds “the late spring, was especially proud of her successful effort to interchange of ideas and the different perspectives” to be generate court orders in the courtroom and hand them to the very interesting and helpful to the courts on a variety of key parties before they left. “We were the very first juvenile issues. court in the state to do this,” she said. In retirement, Bayorgeon and his wife, Jeanne, who Over the years, she worked on many key projects and conducts home studies for international adoptions, plan to see Retirements on page 9 Nichol ends16-year judicialcareer Martinez. Automation Programs,wasappointedinJulytoreplace before takingapositionwiththeConsolidatedCourt New York. began hercareerin1967asalegalsecretaryatlawfirm having servedasdeputyjuvenileclerkforeightyears.She and ontheJuvenileJusticeCollaborativeCouncil. served onthecounty’s SecurityandFacilitiesCommittee much worsethan adecisiontheydon’t like.” live withdecisions. Don’t keepthemwaiting; thewaitingis along. “You needtomakeadecision,”hesaid.“Peoplecan business partners,istolistenpatiently andmovethings criminal orascaredkidcouple offinger-pointing couldn’t readtheplaybook,ortheytrasheditsoldit.” He callsthem“thedeep-enders”; theyarethosewho“either of thedefendantsarepeoplehefirstmetinjuvenilecourt. services systemisabletoaccomplish. ears ofthecourt,enhancingwhatoverburdenedsocial providestrainedvolunteerstoserveastheeyesand CASA alarm rightawaywhenproblemsdevelopinachild’s home. monitor compliancewithcourtordersandsoundingthe (CASA) Programasaninvaluableresourceforhelpingto to putthekidbackinhome,”hesaid. away fromhisparents.“Andthesecondtoughestiswhether the toughestcallsincourthouse:whethertotakeachild commitment tohelpingtroubledchildren. Nichol’s DaneCountycolleagues,willmissthejudge’s angioplasty lastsummer. The entirebench,andespecially He hasbattledheartdiseasefor17yearsandunderwent October 31,ayearandhalfbeforehiscurrenttermexpires. foster careparents–whonevergiveuponakid.” privileged toworkwithdedicatedpeople–socialworkers, juvenile court.“Butyoudomakeadifference. And you’re place, butit’s whereNicholfindsthegreatestsatisfaction. Judge GeraldC.Nichol RETIREMENTS Kelly Haag,whoworkedinthejuvenilecourtforatime Martinez becameclerkofjuvenilecourtin1987,after Nichol’s approach,whetherheisdealingwithahardened Nichol currentlyisservingincriminalcourt,wheresome Nichol praisedtheCourt-AppointedSpecial Advocate Juvenile court,Nicholsaid,presentsjudgeswithoneof On theadviceofhisdoctor, Nicholwillretireeffective “You don’t seeyoursuccesses,”hesaid,referringto opportunity tostepoutsidethe solving, givingthejudgean these areasemphasizeproblem mediation. soon avoid:juvenilecourtand that manyjudgeswouldjustas dedicated himselftotwoareas Judge GeraldC.Nicholhas Some areuncomfortableinthat traditional adversarialprocess. continued frompage 8 Not coincidentally, both of In his16yearsonthebench, Nolan hasseenmanychanges In 1998,aftera second branchwasadded,Nolan wasjoined long time,wehadaveryhighneed forasecondjudgeship.” keeping everyonesomewhatsatisfied,” hesaid.“Butfora and thatIdidadecentjobofkeeping thecalendargoingand ever-increasing caseload. years tryingtokeepupastheonly judgeinacountywithan term thattrackedthecalendaryear)andspentnext18 office inJanuary1980(hewasoneofthelastjudgeswitha replace theretiringJudgeDonaldSchnabel,Nolantook bench werefullofhardwork.Electedin April 1979to he said. orders andcleanupmypapers,” will givemeenoughtimetosign (the lastdayofhisterm)andthat that InotbescheduledonFriday neighboring counties.“Ididask County andhelpingoutin bench: hearingcasesinLincoln roughly 1,240weeksonthe spent mostoftheresthis judicial termexactlyashehas soccer coachinColorado. coaches ahockeyteaminChicagoandtheirdaughteris completing afellowshipinpediatricsurgery. Their otherson twosons,whois Philadelphia withoneoftheNichols’ welcomed theirfirstgrandchild, Alissandro, wholivesin American Academy ofPediatrics. The couplerecently pediatrician whoservesontheboardofdirectors home inFloridathatheshareswithhiswife,aretired time betweenadowntownMadisoncondominiumand pursuing atechnicalcollegedegree.Heplanstosplithis kids andgivesscholarshipstohighschoolgraduates program thatprovidespositivereinforcementtotroubled Madison soupkitchen),andRubinforKids,amentoring continue hisvolunteerworkwiththeLukeHouse(a was veryaffirming. Ihavenoregretsaboutit.” his candidacymadetheendeavorworthwhile,hesaid.“It apply fortheSupremeCourtopeningandwhochampioned the spot. then-Gov. Tommy Thompson pickedDavidProsserJr. for Wisconsin SupremeCourtin1998.Nicholwasafinalist,but for gubernatorialappointmenttoanopenseatonthe judges toswaproles. That experiencealsoledhimtoapply Exchange Programthatallowstrialandappellatecourt where heparticipatedinsixcasesthroughtheJudicial part, byanexperienceonthebenchinCourtof Appeals, The large groupofsupporterswhoencouragedNicholto “I feltthatIwasabletokeepthe courtsystemrolling, Nolan’s 24yearsonthe Judge J.MichaelNolanspentthelastweekofhisfinal Gov. JimDoylewillappoint areplacementforNichol. In retirement,Nicholwillconcentrateonmediationand His commitmenttotimelydecisionswasfostered,in Judge J.MichaelNolan see Nolan on page 10

THE THIRD BRANCH 2004 Summer 9 10

Summer Nolan continued from page 9 Six clerks of circuit court step down 2004 by Tina Nodolf, Supreme Court marshal by Judge Glenn Hartley. THE THIRD BRANCH During Nolan’s years on the he state of Wisconsin will lose more than 100 years of collective experience in courthouses across the state this winter when six clerks of circuit court step bench, he observed many changes. T down. The clerks are: Joe Bauknecht, Manitowoc County; Virginia Giacomino, Iron He spotted an improvement in County; Ruth Janssen, Outagamie County; Louise Lindsay, Price County; Melvin courtroom civility after some rather Madsen, Polk County; and Donna Seidel, Marathon County. Voters will fill the lean years, and he saw many changes vacancies on November 2; the primary election is slated for September 14. to the law that made the job of the decision-maker more complex than Joe Bauknecht ever. The state’s juvenile code was Manitowoc County overhauled, a constitutional After serving 21 years in the U.S. Army, Clerk of Circuit Court Joe Bauknecht, amendment and subsequent enabling Manitowoc County, was able to accomplish his goal of running for public office. But legislation gave crime victims new as much as he has enjoyed his eight years as clerk, Bauknecht intends to end his rights, and the criminal code was political career when he retires on Jan. 3, 2005. rewritten. The criminal law changes, Looking back, Bauknecht feels his biggest accomplishment was “convincing the which came as a result of Truth in county board to create a director of business operations position in the Clerk’s Sentencing, have been, he said, “a Office, which was actually my predecessor’s idea.” He explained that this position difficult thing to continue to get your helps free the clerk to focus on other duties by assisting with supervisory and arms around.” financial matters. Bauknecht said he’s lucky because “the current director has a Nolan has enjoyed the challenges financial background making him instrumental in budgeting and financials.” that civil cases can offer when they Bauknecht said he would miss working with many of the people in his office and the present new and novel questions of other clerks throughout the state, but that he would not miss “the government part of law. ‘Where there is nothing firm to the job; decisions seem to take forever.” On the up side, working in county guide you to the answer, where there government did teach him patience, Bauknecht said, and his advice to the new clerk can be no ‘cookie-cutter’ result, that's is “resist pressures to make changes quickly without first looking at the big picture.” Retirement will give Bauknecht fuller control of his time, but he does not intend what I find most satisfying.” to stop working. He owns a corporation that controls various properties including Asked about his least-favorite three local movie theaters, at which he personally guarantees that the popcorn is task, he echoes the fellow who sat popped fresh each day. Displaying his marketing acumen, he also makes sure that the next to him in law school, Judge aroma of the popping corn is blown into the lobby to entice patrons as they enter Gerald C. Nichol. “Child-placement each theater. decisions, absolutely,” Nolan said. Bauknecht said he is looking forward to spending more time with daughter, “Those have become more and more Gretchen, who is general manager of the family corporation. And he hopes to visit difficult for me, as a grandfather, and Madison frequently to spend time with son, Jason, who works in the office of Sen. I’'ve come to feel I have just so Robert Welch (R-Redgranite). many of those decisions in me and Vying to replace Bauknecht are seven people, including, from the courthouse: his I’ve about cashed out.” director of business operations, a legal secretary, and a child support agency worker. In retirement, Nolan looks forward to “being unscheduled for a Virginia Giacomino while” and to traveling a bit in the Iron County U.S. and Canada. He also hopes to When Virginia Giacomino, who is retiring in early January, ran for the Iron reacquaint himself with trout fishing, County clerk of circuit court post 16 years ago, she thought it would be an and to pursue simple pleasures. “I interesting job. Giacomino also believed – correctly – that her knowledge of like to be in the woods,” he said, bookkeeping and computers, and her experience as a town clerk, would be an asset “and I like to read. Judges often in the job. don’t read much for pleasure because When Giacomino started, she was surprised to discover that cases were docketed we read constantly for work.” by hand in ledger books. Giacomino said financial reports would take several days to He hopes to serve occasionally as prepare; now, they can be done in an hour, she noted. a reserve judge, and to spend more Computers have made the work faster and easier, but the quality of the information still depends on human beings. Giacomino said one of the challenging time with his wife, Barbara, their parts of her job is ensuring that all information entered in each case is accurate. grandchildren, and their four There is simply no room for error, she said, when the smallest mistake can affect daughters: a lawyer in Wisconsin people’s lives. Also challenging is staying on top of constantly changing laws. Rapids, a physician in Stoughton, Giacomino is proud of her staff’s customer service skills, and said she will miss and two school counselors – one in each person in her office. “The courthouse is full of great people,” she said. “No one Wausau and one in St. Paul. ever says, ‘that’s not my job.’ Everyone pitches in and helps when needed. We all The new judge, Jay R. Tlusty support each other personally and professionally.” who was elected last April, took Giacomino plans to sit back and enjoy retirement for a while, and will be on the office August 2. lookout for new adventures. see Retirements on page 11 has increasedbymorethan50percent. that hasgrownfrom10to27employeesandacaseload she retiresonDecember31,willleavebehindanoffice chief deputyin1973beforewinningherfirstelection. When from thepostshehasheldsince1975inOutagamieCounty. Branch Polk County Melvin Madsen Outagamie County Ruth Janssen Price County Louise Lindsay give atalkatwhich sherecountedsomeofherunofficial Justice ShirleyS. Abrahamson. Lindsay heard Abrahamson she developedonherownwithinspiration fromChief develop manyofthenecessaryskills. secretary, andoccasionalfill-infortheclerkhelpedherto court. Lindsaysaidherexperience asacourtreporter, legal assistant, LouiseLindsay,asthePriceCountyclerkofcircuit sites forrecreational-vehicleandtentcamping. River, the“DoNothingCampground”[(715)268-8980]has refurbishing aboutthreeyearsago.Locatedonthe Apple campground heandapartnerpurchasedbegan with andbeingaroundpeople.” roses andtalktothetrees. And youshouldenjoytalking running fortheoffice) would be“nottoforget tosmellthe Clerk LoisHoff andDeputy ClerkDiane Taxdahl are judge askedifthedefendantcouldwriteclerkacheck.” check charges; thedefendant saidhehadnocash,sothe miss “thejudgewhowasholdingabondhearingonbad contact asthebestpartofhisjob.Hesaidheevenwould lawyers, judges,andthepublic,countspeople- Madsen won’t miss.Hehas enjoyed workingwithstaff, for thecourtsystem.” challenge ofeducatingthecountyboardtosecurefunding thing thatdidnotchangeovertheyears,however, was“the reorganization thatcreatedthe single-leveltrialcourt.One Consolidated Court Automation Programs(CCAP)andcourt years inoffice, butthebiggest werethedevelopmentof post. manufacturer ofsingle-engineairplanestorunfortheclerk’s convincing forhimtoleaveajobaspurchaser for GaylordNelson.Headmitteditdidn’t takemuch interest wasreallysparkedwhenheworkedonacampaign “I waselectedwithJimmyCarterin‘76.” County ClerkofCircuitCourtMelMadsenlikestoanswer, RETIREMENTS As reportedinthespring2004editionof When askedhowlonghe’s beeninoffice, retiringPolk Janssen beganasadeputyclerkin1968andbecame But someofthemostimportant skills –people In 1981,JudgeDavidClappappointedhisjudicial Madsen planstospendhisretirementworkingatthe Madsen’s advicetotheincomingclerk(ChiefDeputy Budget skirmishesareabouttheonlypartofjob Madsen saidhehasseenmanychangesduringhis28 Madsen wasintroducedtopoliticsbyhisparents,but , ClerkofCircuitCourtRuthJanssenwillstepdown continued frompage 10 The Third Marathon County Donna Seidel office, anda womanwhoisself-employed. Board supervisor, anaccountantwhocurrently worksinthe supervisor intheSheriff’s Department,aMarathonCounty don’t know.’” employees. Don’t beafraidtoaskthemquestionsorsay‘I you,” shesaid.“You willbesurroundedbyveryskilled would givehersuccessor:“Learnfromthepeoplearound increased focusoncollections. working withgrowingnumbersof and perseveranceareessentialtomeetthechallengeof customer service.Seidelbelievesthattypeofcommitment operations system”andproudofherstaff’s dedicationto the county’s “highlyregardedprogressivecourt she said. to beonthegroundfloorofCCAP’s development,” chosen tobeapilotcountyforCCAP. “We wereeager recalled herexcitementwhenMarathonCountywas automation asthebiggestchangeshehasseen.She Circuit Courtjudge. Gregory Huber, whoisnowaMarathonCounty Legislature. SeidelhopestoreplaceformerRep. challenge: sheisrunningforaseatinthestate stepping downattheendofthistermtopursueanew owns atree-trimmingbusinessinMadison. forward tothedayherhusbandofnineyearsretires.He other familyinLouisiana.Butmostly, Lindsayislooking time.” ShealsoplanstovisitgrandchildreninColoradoand “what itfeelsliketonothavebeanyplaceatgiven saleswoman, andalocalbusinessowner. member ofthepublic.” respect whetherheorsheisajudge,lawyer, staff, or “always befairandtreateverypersonequallywith Not surprisingly, Lindsay’s advicetohersuccessoris, best changeshehasexperiencedinher23yearsonthejob. development ofCCAP, shesaid,hasbeenthebiggestand had toincreaseherstaff significantlywithoutCCAP. The about customerservice.Shealsonotedthatshewouldhave has beenveryluckytohaveastaff thatsharesherattitude knowledgeable staff” runsaclosesecond.Lindsaysaidshe said theopportunitytoworkwitha“dedicatedand been theopportunitytocontributecourtsystem,she each personwellnomatterwhotheywere.” stuck inthebackofmymind,andhelpedmetoalwaystreat if peoplerecognizedher,” Lindsaysaid.“Thatstoryalways was oftennottreatedwell.Butshealwayswell always dressedinabusinesssuitorwasn’t recognizedand visits tocourthousesin Wisconsin. “Shesaidshewasnot Vying toreplaceLindsayarealegalsecretary, a While thebestpartaboutclerk’s jobforLindsayhas Seeking electiontotheoffice areanadministrative Seidel’s highregardforherstaff showsintheadviceshe Seidel saidshefeelshonoredtohavebeenapartof Seidel, whohasbeenclerkfor16years,cites Marathon CountyClerkofCircuitCourtDonnaSeidelis In retirement,Lindsaylooksforwardtodiscovering pro se litigants andan Donna Seidel

THE THIRD BRANCH 2004 Summer 11 Summer 12 service. organized aparty tohonortheemployees'lengthy Courts Office.ClerkTerrie Tews andstaff years intheWaupaca CountyClerkofCircuit Peg Morey(left) andNancyThoecelebrate35 2004

THE THIRD BRANCH W organized apartytocelebratetheirdedicationthecourts. years withthecourtsandClerkofCircuitCourt Terrie Tews they weretheretostay. This summer, thewomenmarked35 Waupaca County's35-year employees honored TIS range ofthesentenceimposed. the generalobjectivescourtspecified. duration oftheincarcerationshould beexpectedtoadvance imposes jailorprison,thecourt shall explainwhythe general objectivesthatthecourthasspecified.If conditions ofprobationshouldbeexpectedtoadvancethe provided ifthedefendantisconfined should bethedispositionunlesscourtfinds: Peg Morey’s careerwiththecourtswaslaunchedwhen The courtshould setforthanexplanationregarding why The courtshouldsetforthanexplanation forthegeneral If thecourtimposesprobation,itshallexplainwhy Consider probationasthefirstalternative.Probation the offense(s) Probation wouldundulydepreciatetheseriousnessof Defendant needstreatmentthatcanmosteffectively be Confinement isneededtoprotectthepublic Rehabilitation ofthedefendant Gravity oftheoffense(s) Protection ofthepublic continued frompage 6 the Waupaca CountyCourthousein1969, theyknew hen PegMoreyandNancy Thoe startedworkingat on aclunkytypewriter–she manually typingeverything Gone werethedaysof 1992, everythingchanged. computerization camein faster. When work wasincreasingeven realized thatthevolumeof to 12overtheyears,she office staff growfromthree retirement in1985. Judge Nathan Wiese untilhis II, wheresheworkedwith for thenewlycreatedBranch became thefirstdeputyclerk opening. Sheappliedand learned ofanewjob marriage licensein1969and courthouse toapplyfora she stoppedatthe As Moreywatchedthe old grandchild. helping oneoutwithson’s hobbyfarm)andfive-year- have onemoresontogetthroughcollege.” would missthemtoomuchifIretired,”shesaid.“Besides, she seesdaytoday. “Ialsolove thepeopleIworkwithand thoroughly enjoysherworkasdeputyclerkandthevariety information upmanually,” shesaid. information online.“Icertainlydon’t misslooking biggest challengesofar, sheseesitisvaluabletohavethe (Consolidated Court Automation Programs)hasbeenher court withJudgeJohnP. Hoffmann. lead workerasadeputyclerkIIIinthecriminalandtraffic months, shewaspromotedtodeputyclerk. Today sheisa working withJudgeNathan Wiese andMorey. After nine nearing asherhusbandcomesclosertoretiring. all typesofpersonalities. particular skillthatsheuseseveryday:theabilitydealwith work, shesaid.Over35years,hasdevelopedone Kirk. Sheisalwayssatisfiedthatshe’s putinagoodday’s weren’t manybackthen,”shesaid. even usedtotypethechildsupportchecks.“Luckily, there Post-sentencing admonitionsmustbegiven objectives thecourtspecified. supervision shouldbeexpectedtoadvancethegeneral also explainwhyitsdurationandtermsofextended this rangeismoreappropriatethanagreaterorlesserrange. Thoe enjoysspendingtimewithhertwosons(and Thoe hasnoplanstoretireinthenearfuture.She While sheacknowledgesthatmovingovertoCCAP While retirementisnotonhermindimmediately, itis Nancy Thoe beganhercourtcareerasaclerk/typist She isnowinBranchIworkingwithJudgePhilipM. If thecourtimposesabifurcatedsentence,shall Appellate rights Earned ReleaseProgrameligibility Challenge IncarcerationProgram eligibility analysisrequirement –whenapplicable DNA Sex offender reportingandregistrationwarning– Body armorprohibition–whenapplicable Child sexoffender restrictions–whenapplicable Truth-in-Sentencing writtenexplanationofdeterminate Costs, surcharges, assessments Voting prohibition Firearm prohibition when applicable sentence Dane CountyCircuitCourt by JudgeStuart A. Schwartz intheworks Judicial AssistanceProgram O circumstances surrounding his/herprofessionaland/or providing thejudgewithresources toaddresstheunique will behandledonacase-by-case basiswiththegoalof within thescopeofappropriatelaws andguidelines.Calls are notcoveredbythisprogram. All callsareconfidential Although wewillassistreserve judges, courtcommissioners addressing issuesrelatedtoalcohol, drug,andmentalhealth. The focus on ourpersonallivesandprofessionalcapabilities. influences causesstrainandcanultimatelyhaveanimpact result inailments.Howeachofusrespondstothese working conditions,anddepression. These stressorsmay Judges suffer fromburnout,pressurelitigants,poor problems onthejob. productivity issuesthatmaycontributetojudgeshaving resolution ofthebehavioral,mental,medical,and assistance programtohelpwithearlyidentificationand The need judicial andpersonalendeavors. with informationthatyoumayfindusefulinyourdaily of youwiththescopeourprogramandtoprovide address judicialwellnessconcerns. comprehensive approachdesignedto developing apositive,unified, these meetingshasfurtheredthegoalof AssistanceProgram.Each of Lawyers’ Judges, andtheState Barof Wisconsin Margaret Brady, theCommitteeofChief Education DavidHass,PersonnelOfficer have talkedwithDirectorofJudicial in themeetinghavecontinuedtomeetand feeling theeffects ofstress. a programforassistingjudgeswhoare meeting, acommitteewasformedtocreate judicial burnout. At theconclusionof mental health,drugabuse(bothlegalandillegal) issue tobeaddressed.Otherareasofconcernincluded alcohol. and lawyerswhoseliveshavebeennegativelyinfluencedby Alexander oftheJudicialCommission,andvariousjudges Courts A. John Voelker, ExecutiveDirectorJamesC. judges wereanalcoholtreatmentspecialist,DirectorofState of anofficial Judicial Assistance Program.Joiningthe The focusoftheprogramwillbeaidingjudgesin The Wisconsin courtsystemhasnoformaljudicial The followinginformationisintendedtoacquainteach The committeeconcludedthatalcoholwasnottheonly Stress isthenormalaccompanimentofajudicialcareer. Since thattime,thosewhoparticipated state metin Wisconsin Dellstodiscusstheformation n October14,2003,20judgesfromallareasofthe Judge Stuart A. Schwartz and PatrickL.Snyder, Waukesha. 636-3304; andReserveJudgesRobert A. Haase,Oshkosh, (715) 839-4809; Allan “Pat” Torhorst, RacineCounty, (262) County, (414)278-4496;LisaK.Stark, EauClaireCounty, County, (414)278-4470; Timothy G. Dugan,Milwaukee County, (262)748-1435;Jeffrey A. Conen,Milwaukee Waukesha County, (262)548-7482;GaryL.Carlson, Taylor Dane County(chair),(608)267-2517;MichaelO.Bohren, directly atanytime. They are:JudgesStuart A. Schwartz, the program’s servicesmaycallanyoneofthemembers 1940, [email protected]. Those interestedin directed toPersonnelOfficer Margaret Bradyat(608)267- treatment information. that mayneedtreatment,wecanassistyouinobtaining is notlimitedtojustjudges.Ifyouhaveafamilymember area ofthestateifyourequestthatinformation.Information information regardingprofessionalassistancewithinyour privately discussissues. We shallprovideyouwith with whomajudgewhoisfeelingstressmayfreelyand participate. Ourinitialgoalistobeafriend,colleague such servicesarerequiredandonlyifweaskedto health advice. We shallassistaprofessionalintervenerif The services courtroom stressors,therealitiesofwork,constant perspective totheprogram. We understandthedaily by judicialpersonnel,webringauniqueknowledgeand confidential. resource informationasrequested. Again, yourreferralis shall assistbysharingyourconcernsandproviding that judgeanddiscusstheissueshavebeenraised. We If youarecallingonbehalfofacolleague,weshallcontact available tosupportanyjudgewhoisengagedintreatment. personal concerns. Assistance fromreservejudgeswillbe Questions abouttheJudicial Assistance Programmaybe Our programwillnotprovidedirectinterventionor Because thisisaprogramdesignedbyjudgesandstaffed efficient andeffective. that eachofusencountersintryingtobe restraint. We comprehendthedifficulties with productivityduringtimesoffiscal competing rightsandinterestsinvolved. others whilesimultaneouslybalancingthe each ofusfeelswhenpassingjudgmenton decision-making, includingtheanxietythat health problems,andtheveryprocessof and tragedies,abuse,alcoholmental disputes, crimeandviolence,familyneglect of usisacquaintedwithconflictsand pressure andexposuredayafterday. Each We areawareofthestrainassociated

THE THIRD BRANCH 2004 Summer 13 this summer. judges inManila for trial-court at aconference selected toteach and Frenchwere Manila. Bradley Philippines in Court ofthe the Supreme hearing roomof of Australia inthe the FederalCourt Robert Frenchof joins Judge Walsh Bradley Justice Ann Summer 14 2004

THE THIRD BRANCH Bradley teachesBradley inPhilippines Shanghai justicetravels toMongolia, Chief and Ecuadorianstudentstoparticipateinadiscussion. independence using American, Chinese, Australian, Dutch, administration, decision-making,ruleoflaw, andjudicial She ransessionsoncomparativelawrelatingtojudicial (Oregon) UniversityLawSchoolprogramforlawstudents. Center forState Courts. judges inMongolia. The tripwassponsoredbytheNational decision-making andwritingopinionsthissummerfor inactive because ofvacancies),andnotedthatthe casewas operational drug courtsinthecountry(theother fiveare part ofatrialinManiladrugcourt, oneofjusttwo speak withjudgesandcourtstaff. Shealsoobservedthefirst Ambassador FrancisRicciardone, andvisitedcourtsto honor ofthefacultyduringtheir visit. program, andthenation’s chiefjusticeheldadinnerin Court ofthePhilippinesinvited ABA-Asia topresentthe Comparative Perspective”,forFilipinojudges. The Supreme in Pre-Trial ManagementandCourtroomControl: A teach atwo-dayprogram,“TheRoleof Trial CourtJudges Asia), whichselectedherandajusticefrom Australia to (ABA- Initiative Bar Association’sLaw the American Asia was thatthePhilippinesdoesnotprovidejurytrials. difficulties. Oneofthebiggestdifferences thatsheobserved implementation ofthesemodelshasbeenfraughtwith procedures onU.S.models,Bradleynotedthatthe trials, andthecourtsystemisplaguedbycontinuances.” languish injailforyearsawaitingtheconclusionoftheir Prisoners responded, ‘itisnotjustover-crowded, itishell.’ overcrowding inthejailsorprisons,”Bradleyrecalled.“She workloads; andseverejailovercrowding. vacancy rateof30percentbecauselowpayandimmense of CourtsOffice inthePhilippinecapitalofManilaJuly WISCONSIN CONNECTS Abrahamson alsotaughtinShanghaiatthe Willamette Although thePhilippineshasbasedmanyofitslawsand When shewasnotteaching,Bradley metwithU.S. When Justice Ann Walsh BradleywalkedintotheClerk Chief JusticeShirleyS. Abrahamson lecturedon Bradley traveledtothePhilippinesunderauspicesof “I askedtheclerkofcourtiftheywereexperiencing files formanytrialjudges;ajudicial the system;acaseloadof4,000active 20 yearsifnonewcasescameinto cases thatcouldbecleanedupin15- more seriousproblems:abacklogof Bradley foundlessobviousbutmuch system indistress.Underthesurface, the morevisiblesymbolsofajustice not acomputerinsight)wasoneof system. challenges facingthatcountry’s court realized theimmensityof Underwood manualtypewriters,she and sawthestaff poundingawayon The office equipment(there was Cane participates inSMUprogram Cane participates training program training willsend teamtoAtlanta Wisconsin Washington invitedFlanagan tospeakin system.” tothecivil jury ‘threats’ summary judgmentsandother of usanumberquestionsabout very wellpreparedandaskedeach interesting asthestudentswere did not,”Canesaid,“butitwas the jurysystem. summary judgmentisathreatto System,” presentedathesisthat entitled “ChallengestotheJury Education committeefortheChiefJudgesCouncil. Pennsylvania, and Virginia, whocomprisetheJudicial joined chiefjudgesfromLouisiana,NorthCarolina, School atSouthernMethodistUniversityinDallas.Cane system inthespring. to participateonapanelofchiefjudgesdiscussingthejury cases inthejusticesystem. judge’s perspectiveondomesticviolenceandsexualassault VAWA fundedprojects.Flanaganwillrepresentanurban the countrytodemonstrategainsandsuccessesof September. Against Women Act (VAWA) in Washington, DCin commemorating thetenthanniversaryof Violence Violence Against Women tospeakatasymposium has beeninvitedbytheDepartmentofJusticeOffice of great deal.” honor toshareideaswiththem,andIfoundthatlearneda hardworking andcommitted,”shesaid.“Itwasanimmense about thefuture.“ThepeopleImetwereincredibly papersupply.” of pleadingsserveasthechambers’ purchase theirownsuppliesandthattheblank,reversesides courtroom,” Bradleysaid.“Ialsolearnedthatjudgesoften apparent inthecourtsthemselves. that shehadobservedintheClerk’s Office wereeverybitas hearings overthenext18months. already morethanayearoldandwasscheduledfor10 Judicial Education Program(NJEP),whichdevelops and state trainingprogramin Atlanta inNovember. The National The professorwhoorganized theprogram, whichwas The panelspoketolawstudentsattheDedmanLaw The symposiumwillbringtogetherpeoplefromaround Wisconsin hasbeeninvitedtosenda teamtoamulti- “Some ofusagreedandsome Court of Appeals ChiefJudge Thomas Canewasinvited Judge MelFlanagan,MilwaukeeCountyCircuitCourt, nsieo h ors difficulties, Bradleywas upbeat In spiteofthecourts’ “I spokewithonejudgewhoboughtthepaintforher She foundthattheshortagesofsuppliesandequipment see Thomas Cane Chief Judge Connects on page 15 are protected. constitutionalrights currently specifiedinstatelaw, whilemakingsurelitigants’ authority tousevideoconferencinginawidervarietyofproceedingsthan proceedings. Itmaybeappropriatetogivejudgesclearerandmoredirect that cost-benefitanalysis,thereportonlyconsideredtwotypesoflegal every countywouldresultina$2.3millionsavingsthefirstyear. Indeveloping showed thata$1.5millioninvestmenttoinstallvideoconferencingequipmentin awarded grantstocountiesoffset thecostofimplementingvideoconferencing) traveling tothecourthouse. money byallowinginmates,witnesses,andotherstoappearincourtwithout around thestateforcertainhearingsandotherlegalproceedings.Itsavestime Videoconferencing iscurrentlyused,tovaryingdegrees,inmanycourtrooms videoconferencing in Wisconsin courtswhileprotectingtherightsoflitigants. PPAC recentreportbythe Wisconsin Office ofJustice Assistance (whichhas A *Denotes PPAC member Marty Ordinans, Wisconsin Department ofCorrections District Court Administrator MichaelNeimon,District Three, Waukesha Shelley Monroe, Winnebago MentalHealthInstitute, Wisconsin Judge W.M. McMonigal*,GreenLakeCountyCircuitCourt Sheriff RonD.Cramer, EauClaire County, Wisconsin Counties Judge GaryL.Carlson, Taylor CountyCircuitCourt Mary Burzynski, Wisconsin CourtReporters Association Atty. Samuel W. Benedict,State PublicDefender’s Office, Waukesha Videoconferencing Subcommittee District Atty. JohnZakowski*,BrownCounty Atty. Michael Tobin*, State PublicDefender’s Office Steven Swigart, Wisconsin CommunityServices,Milwaukee Anthony Streveler, DepartmentofCorrections County Executive William McReynolds,RacineCounty Mort McBain,MarathonCounty Richard Manke, Waukesha CountyBoardsupervisor Peter Kinziger, InternationalCommunityCorrections District Court Administrator ScottK.Johnson*, Clerk ofCircuitCourtCarolynEvenson, Judge Steven D.Ebert,DaneCounty CircuitCourt Atty. HannahDugan*,Legal Aid SocietyofMilwaukee Court CommissionerLindseyDraper, Judge Carl Ashley*, MilwaukeeCountyCircuitCourt Alternatives toIncarcerationSubcommittee committees The Terry Dryden Sheriff Department ofHealthandFamily Services Circuit Court Committee Justice Advisory Association, EauClaire District Nine, Wausau Waukesha County Milwaukee CountyCircuitCourt continued frompage 2 Judge EdwardE.Leineweber*,Richland County District AttorneysAssociation District Atty. ScottHorne,LaCrosseCounty, Wisconsin Clerk ofCircuitCourtBernadetteFlatoff*, Sheriff's Association Sheriff Terry Dryden, Washburn County, BadgerState Association Portage County McReynolds William Lindsey Draper Carolina, andOregonin August. from Mississippi,Ohio,North groups. Flanaganalsotaughtteams judges aswellotherprofessional educational planthatcanbeusedfor is toreturn Wisconsin withan faculty forthisprogram,saidthegoal Judge MelFlanagan,whoisonthe Director DavidHass. Assault; andJudicialEducation Wisconsin Coalition Against Sexual Crosse County; Atty. EvaShiffrin, Milwaukee County;Dale T. Pasell,La Judges KarenE.Christenson, its sexualviolencecurriculum. in thecourts,istrainingeducatorson promotes equalityforwomenandmen presents judicialeducationthat of Education education speakson White Supreme Court’s Brownv the 50yearssinceU.S. what hasbeenaccomplishedin Foundation, Inc.,inJune. Congressional BlackCaucus Milwaukee UrbanLeagueandthe conference sponsoredbythe during aone-day, national education participated inapaneldiscussion Milwaukee CountyCircuitCourt, former U.S.surgeon general. Maryland; andJocelynElders,M.D., Congressman ElijahCummings, D- appearing attheconferenceincluded William H.Lynch. Wisconsin –Milwaukee;and Atty. professor attheUniversityof Schools; FestusObiakorPh.D.,a superintendent ofMilwaukeePublic William Andrekopoulos, and panelists,besides White, included University of Wisconsin –Milwaukee, Prince, Ph.D.,vicechancellorofthe America.” The moderatorwasJoan Education in21stCentury “Separate andUnequal:Urban issues, andmore. second-generation civilrights the stateofK-12education, continued frompage 14 Connects Attending from Wisconsin willbe The conferencefocusedon The numerousnationalspeakers Milwaukee CountyCircuitCourt Judge Maxine A. White, White’s paneldiscussed decision, exploring . Board Judge Maxine A. White

THE THIRD BRANCH 2004 Summer 15 Gregory A. Peterson Gregory A. Judge Justice DavidProsser Jr. Ann Walsh Bradley Justice Summer 16 2004

THE THIRD BRANCH justices leadsnation’sAbrahamson chief for allpeople.” solutions tothechallengesthatwefaceinprovidingjustice court staff aroundthestatewhowork oninnovative this honorrecognizesthecommitmentofalljudgesand court systemis,inmanyways,amodelforthenationand to serveastheirleader,” Abrahamson said.“The Wisconsin related educationinhighschools. court forpeoplewithoutattorneys,andenhancecourt- train andcertifycourtroominterpreters,improveaccessto Wisconsin’s successfulprograms,includingitsinitiativesto 1948-62 andwaspresidentofCCJin1960-61. Martin, aGreenBaynativewhoservedontheCourtfrom Wisconsin toleadCCJ;thefirstwasChiefJusticeJohnE. term isoneyear. Sheisonlythesecondchiefjusticefrom Conference ofChiefJustices(CCJ)effective August 1. The justice since1996,assumedthepresidencyofnational the Wisconsin SupremeCourtsince1976andhasbeenchief APPOINTMENTS Abrahamson’s electionwillraisetheprofileofsome “I amdelightedthatmyfellowchiefjusticesselectedme Chief JusticeShirleyS. Abrahamson, whohasservedon B. Huelsman; Atty. BruceMunson,RevisorofStatutes Rep. MarkGundrum,R-NewBerlin;retiredSen.Joanne Atty. PeterJ.Dykman,LegislativeReferenceBureau; Lardner, Madison;Rep.David A. Cullen,D-Milwaukee; states. draft auniformlawthatwouldbeenactableinmost as child-supportenforcement–anddeterminehowto subjects whereinterstateuniformityisdesirable–such Commissioners onUniformState Laws, toexamine Bureau; andOrlanL.Prestegard,Oregon. Council onJudicial willserve Prosser Commission onJudicial Peterson willserve Dykman, whohasservedthemaximum sixyears. through July2007.HereplacesJudge CharlesP. Wisconsin JudicialCommission.Peterson’s termruns Peterson, Courtof Appeals DistrictIII,toserveonthe Judicial Council. The 21-memberbodyhasstatutory commission isDoyle’sBradley pick for state Commission onUniformState Laws.Bradleyreplaces Bradley toathree-yeartermonthenine-member chair theNationalCenterforState Courts. part ofherroleasCCJpresident, Abrahamson alsowill judicial officers ofthe50statesand U.S.territories. As states, whichformtheNationalConferenceof former Justice William G. Callow. Other membersare: Atty. LawrenceBugge,Foley& The SupremeCourthasappointedJudgeGregory A. Justice DavidProsser Jr. hasbeenreappointed tothe The Commissionworkswithlikebodiesinall50 Gov. JimDoylehasappointed Justice Ann Walsh CCJ isanationalorganization thatrepresentsthetop rne s‘he fchiefs’ of is‘chief Brunner County Board electedtoEauClaire Moore while complying withcertainconditions. and clericalemployeestoholdnon-partisan electiveoffice county offices. on informationtechnologyandthe operationofvarious and totheCommitteeon Administration, wherehefocuses delivery ofmentalhealthservices torefugeeresettlement, Services Board,whereheworksonissuesrangingfrom district. HehasbeenappointedtoserveontheHuman doors anddistributingliteraturetoeveryhomeinthe he wonittheoldfashionedway, knockingonabout650 said. should goaheadandrun,”he enough toseektheappointment,I in 2002. when amidtermvacancyoccurred had soughtappointmenttotheseat two-year boardterm.Heoriginally unseated anincumbenttowinthe northwest Wisconsincounties, the districtthatencompasses13 court administratorfor20yearsin April. Moore,whohasservedas elected totheEauClaireCountyBoardofSupervisorsin handling administrativematters. their deputiesmaintaincourtcalendarsinadditionto chief judgeisafull-timeadministrator, chiefjudgesand importance. With theexceptionofMilwaukee,where monthly asacommitteetoworkonissuesofstatewide develop budgets,andmeet of cases,supervisepersonnel, District. Sixth Judicial Administrative who remainschiefjudgeofthe term asthegroup’s leaderand Evenson, whoservedaone-year northwestern Wisconsincounties. District, whichencompasses13 Tenth Judicial Administrative Brunner willserveaschairofthegroup. atits August meeting.Inthiscapacity, ‘chief ofthechiefs’ Judge EdwardR.Brunner, BarronCountyCircuitCourt,as operation. HistermrunsthroughJune2006. procedure aswellcourtorganization, jurisdiction,and Legislature regardingcourtpleading,practice,and responsibility tostudyandmakerecommendationsthe The Wisconsin courtsystempermitsitsadministrative The seatisthefirstelectivepositionMoorehasheld,and Wisconsin’s CommitteeofChiefJudgeselected “I thoughtifIwantedit District 10Court Administrator GreggMoorewas Chief judgesmanagetheflow He replacesChiefJudgeJames Brunner ischiefjudgeofthe Edward R.Brunner Chief Judge Gregg Moore after whichthey mustparticipateasaco-facilitator atleast volunteer facilitators attendtwodaysofmediation training see thatIwasrealandhowthis (crime) impactedmylife.” answer –Iwantedtohavetheyoung (offender) meetme– through theprogramhadthisto say: “Itwastheperfect apologies andevenforgiveness result.Onevictimwhowent how muchithurtthem.” Through theseencounters,sincere much moreawareoftheir[thevictim’s] pointofviewand Generally, thenewsisgood. As oneoffender said,“Iamso compliance reportsthatgobacktodefensecounsel. employees abouttheconsequencesofstealing. the storeforaspecifiedamountoftimetotalkwithnew grocery storeclerkwhowascaughtstealingtoreturn crime. All partiesmustagree.Inonecase,forexample,a agreement onhowtheoffender willmakeamendsforhis/her thoughts aboutthecrime. The discussionendswithan read astatementfromthevictimorsimplysharetheirown chooses nottoparticipate,membersofthecommunitymay and offender’s pointsofview. Incaseswherethevictim where thefactsofcasearediscussedfromvictim’s to participate,avolunteerfacilitatorholdspre-conference appropriate generalattitudetowardthevictim. for thecrimeandexpressremorse,musthavean the offender mustbenon-violent, mustacceptresponsibility Several factorsareconsideredbeforethecaseisaccepted: probation officers, andvictims canreferacasetotheCCP. the victimandcommunity. the crimeanditsimpactonboth a volunteerfacilitatortodiscuss to meetinasafeenvironmentwith victims, andcommunitymembers program enablesoffenders, more than40volunteers,the nearly 160conferences. With cases inMay2000,ithasheld Program (CCP)beganaccepting Community Conferencing compared to23.6percentforthosethatdidnotparticipate. May 2000andJuly2002,10.9percentre-offended office, of101offenders goingthroughtheprogrambetween 2003 studybytheMilwaukeeCountydistrictattorney’s mediation’s effect onrecidivism. According toaJanuary community. And asaprosecutor, Lermanisencouragedby mediation candoforavictim,anoffender, andthe restorative justicecoordinator, Lermanhasseenwhat Atty. DavidM.Lermanbelievesso. As theoffice’s I Mediation canpullthecommunitytogether OUTESI H COURTS THE IN VOLUNTEERS in aconference?MilwaukeeCounty Assistant District s itagoodideaforvictimstomeetoffenders face-to-face Volunteers arekeyto thesuccessofCCP. The rnKtfy C programmanager, monitors Erin Katzfey, CCP If theoffender isacandidate fortheprogramandagrees Judges, prosecutors,defenseattorneys,lawenforcement, Since theMilwaukeeCounty Atty. DavidM.Lerman Erin Katzfey Waukesha, and Winnebago. Manitowoc, Racine,St. Croix, Trempealeau, Washington, Fond duLac,Jackson,Jefferson, Kenosha,LaCrosse, offender mediationprograms. They are:Dane,EauClaire, court inthenextyear. program iscurrentlylookingintoexpandingchildren’s Assistance. With thesuccessoflowerrecidivism, the government aswellagrantfromtheBureauofJustice facilitators oncetheirowncasesarewrappedup. byvolunteeringas want tostayinvolvedwiththeCCP and issuccessfulinlifeaftertheirconferencestogether. victim evenwantstohelpensureadefendantfinishesschool Clark. “Victims don’t havetobeafraidanymore.”One understanding eachotherandother’s cultures,”said weren’t suspiciousofoneanother anymore. employees. Intheendtheywantedtohelpeachotherand with acollegestudentwhohadrobbedoneoftheowner’s He recallsarecentcaseofservicestationownermeeting said. “Andthey’vebeenabletoopenupandstarthealing.” conference], becausenowtheycanrelatetoeachother,” he in lawenforcement,”hesaid. perpetrators moreasindividualsnowthanIdidwhenwas andhewashooked.“Isee Then heheardabouttheCCP wanted todosomethinggivebackhiscommunity. for theUniversityof Wisconsin-Milwaukee lastyear, he Volunteers gotheextramile exercises, demonstrations,role-playing,andlectures. are heldtwotothreetimesperyearandincludeinteractive twice beforebecomingaleadfacilitator. Training sessions 4632 [email protected]. [email protected] andKatzfey, at(414)278- Lerman at(414)278-4655or ortovolunteer, contact To findoutmoreabouttheCCP At least14othercountiesin Wisconsin havevictim- The programisfundedinpartbythefederalandstate When PhilClarkretiredafter14yearsaschiefofpolice Clark indicatedthatitisn’t uncommonforvictimsto “[The facilitation]createsmoreofacommunityby “There arealmostalwaystearswheneveryoneleaves[a victim andthedefendant. “healing process”forboththe time.” However, heseesasa you dothecrime, since 1962,Clarkbelievesthat“if involved. the conferencesasbeneficialtoall community member. Heviews joined inconferencesasa volunteered asafacilitatorand As alawenforcementofficer Since January2004,Clarkhas

THE THIRD BRANCH 2004 Summer 17 C. William Foust Edelen andJudge Annamarie Summer 18 2004

THE THIRD BRANCH (608) 266-3121. Melissa Lamb,Office ofCourtOperations,at For moreinformationontheprogram, contact A of CourtOperations. The programiscoordinatedthrough theOffice hone herabilitytoseeallsidesof anycase. an advocatehasgivenheropportunity to Working fortheneutralarbiterratherthan intern programasapricelessexperience. County HumanServices. exposure toclientsthroughworkwithDane She decidedtopursueacareerinlawafterher graduate school,whereshereceivedherPh.D. Edelen andherhusbandmovedtoMadisonfor cases. feedback fromFoustwhileresearchingcivil tremendous help.Shereceivesvaluable but saidthejudgeandstaff havebeen a was notsurehowmuchshewouldunderstand, having hadanypreviouscourtexperience,she observe otherjudgesinvariouscourts.Not criminal cases,andhashadthechanceto with JudgeC. William Foustonciviland providing valuableservicestothecourts. summer break,boostingtheirskillswhile students havevolunteeredtheirtimeduring students toapply. To date,nearly300law personal letterstouniversitiesinvitingtheir launched theprogramin1997bywriting Program. ChiefJusticeShirleyS. Abrahamson Volunteer SummerLawStudent Internship firsthand howthecourtsworkthrough counties workingbesidejudgestolearn feels “luckytohavethisopportunity”intern Summer interns gain valuable perspective gainvaluable Summer interns OUTESI H COURTS THE IN VOLUNTEERS After heroverseasworkforthe Army, Edelen highlyrecommendsthesummer Edelen, aMinneapolisnative,hasworked student atMarquetteLawSchoolwho nnamarie Edelenisasecond-yearlaw summer internsin16 studies. Ph.D inMiddleEastern law school,sheearneda Arabia. Priortoenrollingin of workinEgyptandSaudi languages ledtofouryears whose expertisein Arabic intelligence employee former U.S. Army diverse backgroundasa in thelaw, butalsoarichly enthusiasm andaninterest Edelen hasbroughtnotonly equally fortunate,for Court. The courthasbeen in theDaneCountyCircuit Edelen isoneof27 orCounty* Door Dane County 2004 summerinterns Marathon County Kewaunee County* Jefferson County Kenosha County Vernon County St. Croix County Racine County Outagamie County Milwaukee County Marinette County: Walworth County Winnebago County Waukesha County Washington County Judge SarahB.O'Brien–LinneaIrving,OklahomaCityUniversity LawSchool Judge DianeM.Nicks–JacobBishop,UW Judge C. William Foust– Annamarie Edelen,MarquetteLawSchool LawSchool Judge PatrickJ.Fiedler–JuliaErinGonzalezStuber, UW LawSchool Judge JohnC. Albert –KeithMadriago,UW Judge DennisJ.Mleziva–Michael Van Lente,Case Western Reserve LawSchool Judge William F. Hue–ErickFabyan,UW Judge Wilbur W. Warren III–MarkMilos,JohnMarshallLawSchool Judges PeterC.Diltz/D. Todd Ehlers– Michael Van Lente,Case Western Judge EdwardF. Vlack III–LeslieParker, MarquetteLawSchool Judge ScottR.Needham– Toni Wehman, UniversityofColorado Judges CharlesH.Constantine/FayeM.Flancher–MonicaHammer, Judge John A. DesJardins–Jeff Billings,UniversityofMichiganLawSchool Judge JohnSiefert– Angie Aliota, Thomas Jefferson SchoolofLaw Judge MarshallB.Murray–Stephanie Erickson,SouthernNewEngland Judge DanielL.Konkol–Catherine Terry, OhioNorthernUniversity Judge ClareL.Fiorenza–JenniSpies,MarquetteLawSchool Judge Jean W. DiMotto–CarrieBudzien,LoyolaUniversitySchoolofLaw Judge DavidL.Borowski–BarbaraSchifalacqua,Chicago-Kent Judge Tim A. Duket–ShaneSanderson,UniversityofOregonSchoolLaw Judge DorothyL.Bain–CraigMiller, Suffolk UniversityLawSchool Judge MichaelJ.Rosborough–Jeremy Thompson, St. LouisUniversity he ug ahy .Fse n eli,U LawSchool Chief JudgeKathryn W. Foster– Ann Hellwig,UW LawSchool Judge Annette K.Ziegler–ScottGrosz,UW Judge JamesL.Carlson–SandeepBasran,CreightonUniversitySchool ofLaw Judge Thomas J.Gritton–Michelle&BrandtSwardenski, Universityof School ofLaw University LawSchool Reserve UniversityLawSchool School ofLaw Washington UniversitySchoolofLaw School ofLaw;JoelUrmanski,MarquetteLaw School ofLaw College ofLaw School ofLaw Colorado SchoolofLaw : : : : : : : : : : : : : : : * sharedbetween Door andKewauneeCounties keep thelinesofcommunicationsopen. services tothepeopleof Wisconsin. We endeavorto continuing tolearnhowbetterprovidejudicial working relationshipswithstatecourts,aswell committed tobuildingpositiveandrespectful is the facilitiesandlunches. The WTJA their staff whosograciouslyandgenerouslyprovided and Atty. JamesE.Zorn. Stenzel, Prof.Carol Tebben, JudgeKimberly Vele, Pyatskowit, JudgeErnestSt. Germaine, Atty. Paul W. P. Murphy, Atty. KevinOsterbauer, Atty. Andrew J. Eaton, ReserveJudgeJamesB.Mohr, Atty. Michael Chief JudgeEdwardR.Brunner, JudgeRobertE. specialthanksisextendedto: Atty. JamesBotsford, A these sessionsandlooksforwardtofutureseminars. entirety ontheCD. outlined inthebindersweremadeavailabletheir them ontoCDs.Lengthycourtcasesthatwereonly the presenters'materials,designedacoverandburned accompanying CD.JudgeDavidRaaschtookallof experts arenamedbelow. this programatnocosttotheattendees. These toprovide materials madeitpossibleforthe WTJA time todevelopandpresentveryinformative Wisconsin, andtheirwillingnesstovolunteer judges andattorneys. submit thecurriculumcontinuingeducationcreditfor UW-Parkside workedwithotherstodesignand Wisconsin Judicare.ProfessorCarol Tebben from Botsford, directoroftheIndianLawOffice of without theexpertcoordinationprovidedbyJames cooperation andsupportmadethisprojectpossible. WTJA, andtheState Barof Wisconsin. Their the Office ofJudicialEducation,themembers Supreme Court,theDirectorofState CourtsOffice, without thecooperationandsupportof Wisconsin judicial servicesprovidedtotheirconstituents. Wisconsin Tribal Judges' Association toimprovethe efforts ofthe Wisconsin SupremeCourtandthe described onpage7istheresultofcooperative (920) [email protected]. thoughts andideas,contact JudgeDavidRaaschat For acopyofthematerialsonCD, ortoshare Raasch Judge thanksfrom of A word Another wordofthankstothetribalcourtsand popularadditiontothebindersis A h TAthanksallofthepeoplewhoattended The WTJA The expertiseofjudgesandattorneysrightherein This ideawouldneverhavecometofruition These seminarscouldnothavebeenprovided The statecourt/tribalcourtprojectthatwas Portage County Clerk ofCircuitCourt Alfred Lewandowski Waushara County Court ReporterDuane A. Peterson Trempealeau County Clerk ofCircuitCourtEvelynMaldonado afford toputmotors inthem.” trains. “Thedifference,” henotedatthetime, “isnowIcan with achildhood hobby, buildingmodel airplanesand who knewhimasUncleDuke. grandchildren; andthenumerous niecesandnephews his sonanddaughter, Davidand Lisa;hisfiveyoung Supreme Court),andLewisR.Murach. Poole, JonP. Wilcox (nowajusticeonthe Wisconsin tenure there,heworkedforJudgesBoydClark,James John F. Kennedywasinthe White House.Duringhis career asacourtreporterin Waushara Countywhen June 10athome.Hewastwoweeksshyof70. after 37yearsasthecourtreporterin Waushara County, died grandchildren; andeightgreat-grandchildren. Surviving herareabrother;threedaughters;sons;14 great dealoftimeonchurchactivities. with the Wisconsin/Nicaragua Partnership,andspenta and atthelocalcableaccesstelevisionstation,worked piano atthenursinghome,volunteeredhospital community serviceinthe Whitehall area.Sheplayed to devotemoretimeherfavoriteactivity, After sheretiredfromtheoffice in 1988,shewasable for eightyears–from1964-72asdeputyclerk. 28 athome.Shewas80. court in Trempealeau Countyfrom1972-88, diedJune Rita; threesons;fivedaughters;and16grandchildren. picking, andlongSundaydrives.Survivorsincludehiswife, Wisconsin Transport. Hardware MutualInsurance(SentryInsurance)andCentral 1945, fivedaysbeforetheJapanesesurrender. ultimately droppedanatomicbombonHiroshima Aug. 6, Squadron’s topsecretManhattanProjectthat crewman withtheU.S. Air Force393rdBombing Portage CountyBoard. member oftheStevens PointCityCouncilandthe addition tohisserviceasclerk,Lewandowskiwasa Robert C.Jenkins,andFrederickFleishauer. In and subsequentlyworkedwithJudgesJamesH.Levi, Stevens Point.Hewas83. 1957-87, diedJune21atSt. Michael’s Hospitalin circuit courtinPortageCountyfor30years,from OBITUARIES After his Army service,Lewandowskiworkedfor Alfred Lewandowski,whoservedasclerkof When heretired,lookedforward toreconnecting Peterson lovedspendingtimewith hiswife,Mary; Peterson, anativeofNorthDakota,beganhis Duane A. Peterson,whoretiredinthesummerof1999 Maldonado’s husband,Joseph,diedin August 1989. Prior toherelectionasclerk,Maldonadoserved Evelyn Maldonado,whoservedasclerkofcircuit Lewandowski enjoyedfishing,hunting,camping,berry During World War II,Lewandowskiwasaflight He wasfirstappointedbyJudgeHerbert A. Bunde Alfred Lewandowski Evelyn Maldonado Duane Peterson

THE THIRD BRANCH 2004 Summer 19 Summer Roggensack Justice PatienceDrake Nancy M.Rottier 20 2004

THE THIRD BRANCH after allegedlytryingtoperformanexorcismonalittleboy. cover thetrialofaministerwhowascharged withmurder cametoMilwaukee spotlight inJulywhenCourt TV futures ofthesekids. shelter workerswhoarecommittedtobrighteningthe struggling families,andthecourtofficials andteachers described offenders asyoung8 and highlightedtheir a large Sundaystoryheadlined,“Justice servesyouths,” with everyone’s permission–whathesawthere. The result, observe juvenileintakeandtoreport–withoutnames invited areporterfrom judiciary. defense bar, thegeneralpublic,corrections,and different –avarietyofperspectives fromprosecutors,the Conway the inmatesstoppedreceivingtheir medications,the company toprovidehealthservices tojailinmates,manyof and tookfirstplace. outstanding butthattheIndianateamedgedcompetition newspaper that Crosse Tribune new crimes.ReserveJudges study andreportontheeffects ofproposedbillscreating the inactivityofacommitteethatLegislaturecreatedto edition of story byLegislativeLiaison director, waswithholding medicationsthatwere prescribed 2 editionofthe PEOPLE After LaCrosseCountycontracted withaPeoria,Ill., Outagamie CountyCourtCommissioner “Criminal committeeneverused,”astoryinthe August The Wisconsin courtsystemfounditselfinthenational particular, bubbledwithpraiseforJudge strongly criticalofthecourtsandjudgesin The network’s legalcommentators,whoareoften Milwaukee. Eachyear, adifferent statesponsorsthe high schoolmocktrialtournamentonJuly31in to judgethenationalfinalsofLearningforLife command respectandkeepcontrolofthecourtroom. impartial, andstrong,marveledatherabilityto DiMotto one oftheSupremeCourt’s appointeestothe already availabletotheLegislature,butPekowsky, expressed thatthecommitteeduplicatesservices already isillegal.Spokesmenforlegislativeleaders laws, andwhethertheywouldprohibitconductthat money, whethertheywouldbeconsistentwithother advice onwhethernewlawswouldsaveorcost important work,providingtheLegislaturewith They expressedthatthecommitteecouldbedoing Robert R.Pekowsky Coldwater, Mich.,andFishers,Ind.–were reported thattheparticipantsonbothteams–from finals; thisyearwas Wisconsin’s turn.Roggensack committee alongwithReserveJudge , saidthecommitteewouldprovidesomething The Third Branch Justice Brian Bowman reported. Attorneys andinmatestoldthe Milwaukee JournalSentinel . They calledherthoughtful,compassionate, Patience DrakeRoggensack The Post-Cresent . Reporter Nancy M.Rottier Thomas H.Barland both werequotedinthestory. , M.D.,thegroup’s medical David Doege (Appleton) to , pickedupona Brian Figy Dennis D. in thespring Jean W. was selected and La noted retiring Judge appointed in2004toreplacethe making useofit. and willbemadeavailabletoanyonewhoisinterestedin developed incooperationwithaclassatEdgewoodCollege response tosuggestionsmadeattheshowing. The piecewas project, andsaidthepresentationwouldbeeditedin and DistrictCourt Administrator worked closelywithClerkofCircuitCourt Moria Krueger jurors, accordingtoDaneCountyCircuitCourtJudge minority groups,toserveas but especiallymembersof inform andencourageallcitizens, of itsPowerPointpresentationto had a“verysuccessfulunveiling” Jury ImplementationCommittee La CrosseCountyJail.” whole different perspective on the subpoena, you’regoingtogeta and atthecorrecttimeofthat saying, “Ifyoudonotappearonthedateofthatsubpoena appear atalaterdate.“Doctor,” Perlichwasquotedas due tostartat10:30,orderedthejaildoctorsubpoenaed up at10:29.Perlich,whohadalengthysentencinghearing Bowman wassupposedtoappearat10:15a.m.andshowed clinic eachdaysohecouldreceivehismedication. the jailtotakeinmatecounty’s mentalhealth medication thatheneeds,”Perlichsaid,ultimatelyordering another branchofthecountysayshecan’t havethe the countysaysheneeds,orkeepinghiminjail,where offense sothathecangetthemedicationonebranchof choice ofreleasingsomeonewhoisfacinghisfourthOWI expressed hisfrustrationandconcern.“I’mfacedwitha staff, wenttocourt. At thehearing,Judge Department onlytohavethemwithheldbyjailmedical psychiatrist fromtheLaCrosseCountyHumanServices inmate, whowasprescribedfourmedicationsbya inmate tohaveadrugthatcouldbebarteredorsold.One by otherdoctors.Bowmansaidhewouldnotallowany Simanek Journal Times shorter sentences,”astoryinthe July25editionof bench. judging everytimehetakesthe “awesome responsibility”of he feelstheweightof approachable, toldthenewspaper reputation asfriendlyand Woldt, whohasearneda in was thesubjectofaJunefeature The OshkoshNorthwestern Winnebago CountyCircuitCourtJudge On June3,theDaneCounty “Crowded jailprompts The newspaperwaspresentforanotherhearingatwhich ’s reaction to thee-mailhereceiveseachmorning Robert A. Haase Robert A. (Racine) discussedJudge , whochairsthecommittee.Kruegerhas . , Gail Richardson Judge ScottC.Woldt Judge MoriaKrueger see Stephen A. People John J.Perlich Scott C. Woldt Judy Coleman on page 21 on this The , Frederick P. Kessler Reserve Judge Simanek Stephen A. Judge social worker, it’s evenharderinfrontofajury,” Doge “If achildcan’t verbalizewhathappenedin a roomwith courtroom testimonybyfourchildren, ages5,6,9,and13. following ahigh-profilechild-abuse trialinvolvinglive The Reporter make betterandmorefrequentuse ofvideotapetestimony. videotaping childtestimonyfor about 10years,andhopeto testify. These countiesandothers acrossthestatehavebeen ways tomakeiteasierforchildrenages16andyounger stepped downtorunforCongress. a DemocraticdistrictonMilwaukee’s northwestside.Krug a justice,herfamily, travels,and favoritebooks. Press.” The articlediscusses whyBradleychosetobecome became aninsertinthenewspapercalled“TheFalkKids Falk ElementaryinMadison,printedanewspaperthat February andwroteapaperontheinterview. Hisschool, Journal already hashadanarticlepublishedinthe presented acasefortheirdeliberation. making process,shesworethemallinasjudgesand states –aboutjudicialindependenceandthedecision- After speakingtothegroup–twogirlsfromeachof50 Nation attheinvitationof American Legion Auxiliary. D.C., inJulytosweartheelectedofficers fromtheGirls because Ithinkthat’s aproblemwaitingtoblowup.” every month,”hesaid.“Iwanttogetpeopleoff thefloor and thenumberofinmatessleepingonfloordueto which goestoalljudges,givesthecurrentjailpopulation from theRacineCountySheriff’s Department. The e-mail, PEOPLE The FondduLacandDodgeCountycourtsareexploring Reserve Judge Six-year-old Justice . HeinterviewedJustice Ann WalshBradley (Fond duLac)recentlyhighlighted thiseffort Simon Essig Aberg continued frompage 20 Frederick P. Kessler campaign toelecthiswife, working onasuccessful seat intheLegislature.Freshoff early 70s,isrunningforanopen state Assembly inthe1960sand Appeals asamemberofthe helped tocreatetheCourtof years inthe1970sand80s Milwaukee Countyjudgefor11 “I wanttogetpeopleoff the sentences forveryminorcrimes. emphasized thatheonlyreduces driving afterrevocation.He sentences foroffenses suchas information affects howhe quoted assayingthatthe assigned totraffic court,was overcrowding. Simanek,whois to replaceRep. Appeals, FredKesslerisseeking Kessler operating withrevocationcases problem, withhundredsof floor becauseIthinkthat’s a Ann WalshBradley traveled to Washington, , totheCourtof is infirstgradeand , whoservedasa Wisconsin State Shirley Krug in Joan in revocation period. means areductioninfinesandjail time,andashorter community serviceprogram.Successful completion Breathalyzer andurinetests, mustcompletea substance abuseservices,arerequired totakerandom participate paythecosts,receive areferraltoalcoholor W. Laabs Journal second, third,orfourthtimeoffenders. is nowasentencingoptioninJacksonCountyfor for prosecutors. an advisortoeffort todevelopasimilarcurriculum Understanding Sexual Violence curriculum and servingas faculty memberinthepast,teachinggroup’s women andmeninthecourts.FlanaganhasbeenanNJEP presents judicialeducationthatpromotesequalityfor Judicial EducationProgram(NJEP),whichdevelopsand has beennamedtotheadvisoryboardofNational Monitor. system calledtheSecureContinuousRemote Alcohol Racine Countyisthefirstin Wisconsin tousethenew bracelets areanotheralternativetoBreathalyzertests. County District Attorney influence, reportedthe alcohol levelofthosearrestedforoperatingunderthe the useofanklebraceletsthatwillmonitorblood- effective juvenilepolicyand legislation. oversees distributionoffederalfundstoassistindeveloping commission workstopreventjuveniledelinquencyand last year, whilepropertycrimesweredown7.9percent. The committed byjuvenilesweredownabout9percent meeting. Hetold two-day Wisconsin JuvenileJusticeCommission the fullextentofproblem,”Bissonnettesaid. bench andpresidedinjuvenilecourt,Ihadnoideaof abuse happeninginourcommunity, butuntilItookthe in thecommunityknowsthatthereischildneglectand help preventchildabuseandneglect.“Ithinkeveryone attended themeetinginMadisontolearnofprograms Neglect. He–andabout150otherstateofficials – Governor’s SummittoPreventChild Abuse and Court, wasinvitedbyGov. Judge courthouse regularlyandassistswitharole-playexercisein clerk since1989,alsoinvitesschoolgroupstothe increase finesfordifferent violations.Sylla,whohasbeen small claimsmediation,andhowvariousassessments show calledCoffee Chattodiscussjuryservice,passports, County, hasbeenmakingappearancesonalocalcable TV An IntoxicatedDriverInterventionProgram(IDIP) Federal Appeals Court Judge Judge Racine CountyCircuitCourtjudgesrecentlyapproved Bissonnette alsotraveledtoHaywardattenda Judge Clerk ofCircuitCourt John A. Damon John A. (Black RiverFalls)reportedthatJudge Mel Flanagan Andrew P. Bissonnette initiated theprogram.Offenders who The Reporter ’s court. Milwaukee JournalSentinel , MilwaukeeCountyCircuitCourt, Steven Bauer Angeline Sylla Jim Doyle that violentcrimes John Coffey , DodgeCountyCircuit see to attendthe The Banner told thenewspaper. People , Trempealeau , whotook Gerald on page 22 . The Judge GeraldW. Laabs Andrew P. Bissonnette Judge

THE THIRD BRANCH 2004 Summer 21 Judge JohnCoffey Summer Mary E.Triggiano Judge 22 2004

THE THIRD BRANCH “senior” status,cuttinghiscaseloadinhalf,whenJudge manager welcome newpayroll Courts Milwaukee judge Actionlawyer isnew Legal her Harley-Davidsonmotorcycle. time withherthree-year-old daughter, Natalie,andriding sleeves andworkingwiththem.” whom Iadmiregreatlyandlookforwardtorollingupmy “I seethisasawaytocontinuethat. There aremanyjudges will allowhertocontinuealifetimeofcommunityservice. problem-solve. Shecalledjudging“anobleprofession”that advocacy andbankruptcyassistance. accountants, andvocationalexperts,toprojectsonconsumer efforts targeting probonocourtreporters,certifiedpublic and developednumerousspecialprojectsrangingfrom 1,500 lawyersandnon-lawyerprofessionalsin11 counties replaces Judge Victor Manian,whoretiredmid-termafter in on August 2andwillserveinChildren’s Court. Triggiano Milwaukee County’s newBranch13judge.Shewassworn payroll andbenefitsmanager, Donna Windschiegl has PEOPLE E FACES NEW After 24yearsasthe Wisconsin courtsystem’s chief When sheisnotworking, Triggiano enjoysspending “My lifehasbeendedicatedtomycommunity,” shesaid. She describedherselfasagoodlistenerwholikesto Gov. JimDoyleappointed Atty. MaryE. Triggiano as Diane S.Sykes in a1974 appointee isstilllivinguptohis reputation,asnoted Circuit isbased),andfoundthat the refused tomoveChicago,where theSeventh interviewed Coffey inhisMilwaukeeoffice (Coffey Sentinel summer, wasfeaturedinthe Coffey, according totheNunnallystory, denounced “denunciations, criticisms,bitterness andfear”. his peersonthe Ninth Circuit,basedinCalifornia, as testimony indomesticviolencecases. defenders, anddistrictattorneysonexpertwitness also designedseminarsforlegalservices,public and organized continuingeducationprograms.She of attorneysandparalegals,sheadministeredgrants held foreightyears.Inadditiontomanagingastaff office ofLegal Action of Wisconsin, apositionshe most recentlymanagingattorneyintheMilwaukee serving morethan30yearsonthebench. Project. Inthatcapacity, shecoordinatedmorethan last 10yearsasdirectorofthe Volunteer Lawyers rdaeo h WLawSchool, Triggiano was graduateoftheUW A In additiontoher“dayjob”, Triggiano spentthe in June.Reporter Milwaukee Journal continued frompage 21 was confirmedtoreplacehimthis Derrick Nunnally Milwaukee Journal profile, forinspiring Ronald Reagan constitutionality oftheprocess.” “while Iammore concernedwiththevalidityand those whoareapparentlyguilty,” hewasquotedassaying, Coffey ismoreconcernedaboutaffirming theconvictionsof defense Atty. Supreme Courtin1977). The newspaperquotedveteran left thecircuitcourtwhenhewon electiontothestate years onthebenchinMilwaukee CountyCircuitCourt(he “They liketomakethelawastheythinkitshouldbe.” once usedaNinthCircuitdecisionasreference,”hesaid. issuing decisionsthathavenobasisinlaw. “Ihavenever Former assistantAGFormer isdeputyclerk reading, writing,andbiking. with theirtwosons,ages3and2,dogs.Heenjoys live onMadison’s far West Side – anassistantcityattorney Agency. Child SupportEnforcement attorney totheJefferson County 2001, hewasappointedasstaff assistant attorneygeneral.In Transportation andthenasan for thestateDepartmentof and workedasastaff attorney returned to Wisconsin in1999 tor intheSummitCounty(Ohio)Prosecutor’s Office. He School ofLaw, beganhislaw career asanassistantprosecu- Clark hired Atty. ChrisPaulsenasherchiefdeputyinJuly. Beckes. office areBarbara Argue, MaryHendrickson,and Andrea day careprovider. Hartog livesinMountHorebwithhiswife,Eileen,afamily football, basketballandsoftball.Healsoenjoysreading. official for26years.Hecurrentlyisanofficial forsoccer, Hartog isasportsfanandhasbeenhighschoolathletic Licensing. and FamilyServicestheDepartmentofRegulation for morethan10yearsinthepayrolldepartmentofHealth municipal governmentfor18years.Mostrecently, heserved the stateDepartmentofHealthandFamilyServices. office willbeGaryHartog,whocomestothecourtsfrom work onpayrollandbenefits,thepersonincharge ofthe chosen toreduceherhoursparttime. While shestillwill Coffey earnedareputationasforcefulduringhis16 graduateoftheUniversity Wisconsin –LaCrosse, A Working withHartogand Windschiegl inthepayroll Paulsen andhiswife,Marci Paulsen, a1997graduateoftheUniversity Akron Supreme Courtandof Appeals ClerkCornelia Hartog, whostartedinlateJune,hasworkedstateand James Shellow on Coffey’s approach:“Judge Atty. ChrisPaulsen B. Bartell,DaneCounty;andMaxine A. White, Milwaukee grown stepson. ters, andbabygranddaughter, liveathome.Healsohasa Irene, whoisahomemaker. The couple’s twogrowndaugh- is “West SideStory”), andspending timewithhiswife, “Ender’s Game”,byOrsonScottCard),movies(hisfavorite reading (hisfavoritebookisasciencefictionthriller, golfer, andenjoyscardgamesbowling.He and lawyers.” sus andforhisopinionsthattrulygaveguidancetolitigants Butler S Capitol onJuly27. minute interviewsatthestate semi-finalists inback-to-back30- members tothepanel. Doyle didnotaddanytemporary this SupremeCourtappointment, where theopeninghasoccurred.For members arechosenfromthearea appointments, thetemporary court andCourtof Appeals’ for someappointments;circuit adds uptotwotemporarymembers permanent members. The governor between threeandfivefinalists. judgeships andnarrowthelistto advisors toevaluateapplicantsfor small andpowerfulgroupof governors havedependeduponthis Judicial Selection, Wisconsin Governor’s Advisory Councilon The otherfinalistsforappointmentwereJudges Angela In hissparetime,Butlerplaysleaguesoftball,isanavid The decision-makers The The Councilconsistsofeight The Councilmetwithallnine Earl establishedthefirst ince 1983,whenthen-Gov. Tony Gov. JimDoyle continued frompage 1 Madison of Michelle A. Behnke, A. Behnke,LawOffice President/Atty. Michelle State Bar Friedrich, Madison Michael Best& Atty. JonG. Furlow, Milwaukee Brueggeman, Gratz, Miller& Goldberg, Uelmen, Robbins, Previant, Atty. Matthew R. 1997. private practitionerwhoranagainstJusticeJonP. Wilcox in Reyes, Waukesha; and Atty. Walter Kelly, aMilwaukee-area (a former Waukesha CountyCircuit Courtjudge),Flores& Edward Fallone,MarquetteLawSchool; Atty. NessFlores Clifford, LaFolletteGodfrey&Kahn(Madison);Prof. DiMotto, MilwaukeeCountyCircuitCourt; Atty. Linda District II(headquarteredin Waukesha); JudgeJean W. and White: Courtof Appeals JudgeRichardS.Brown, ists bythe Advisory CouncilonJudicialSelection. County. They wereculledfromagroupofninesemi-final- The ninesemi-finalistsincluded,besidesBartell,Butler, Jerry, GreenBay Conway, Olejniczak& Conway, Liebmann, Atty. GregoryB. Attorney's Office County District Jambois, Kenosha District Atty. RobertJ. UW LawSchool,Madison Habush &Rottierand Steingass, Habush, Prof./Atty. SusanR. Gov. JimDoyle chief legalcounselto deputy chiefofstaff and Atty. Stanley W. Davis, Claire Richie &Manydeeds,Eau III, Danielson,Guettinger, Atty. EdmundManydeeds

THE THIRD BRANCH 2004 Summer 23 The Third Branch Dan Wassink A. JohnVoelker Judge Stuart A. Schwartz Nancy M.Rottier Judge DavidRaasch Tina Nodolf Contributing Writers C. ColleenFlesher Associate Editor Amanda K.Todd Editor A. JohnVoelker Director ofState Courts Shirley S. Abrahamson Chief Justice (608) 267-0980 fax [email protected] e-mail (608) 264-6256 phone Madison, WI53701-1688 P.O. Box1688 Court InformationOfficer Amanda K.Todd and articleideasto: Send questions,comments, court system. interest totheWisconsin Office, providingnewsof Director ofState Courts terly publicationofthe The ThirdBranch C. ColleenFlesher Graphic Design/Layout Court Iowa CountyClerkofCircuit Carolyn Olson District TenCourt Administrator Gregg T. Moore Vernon CountyCircuitCourt Hon. MichaelJ.Rosborough Editorial Committee www.wicourts.gov is aquar- an opportunityto volunteerforparts. been calledforjurydutywillbe given the courtprocess.Citizenswho have Ashley, willexplainvariouspartsof Michael P. Sullivan,andJudgeCarl David A. Hansher, ChiefJudge judges, includingDeputyChief Judge and severalotherMilwaukeeCounty Brennan willtaketheroleofjudge the videoproducers. provocative artworkwasimportantto Identifying acourtroomwithless items suchasbloodyswords. portraits behindthebenchthatdepict striking historiccourtrooms,manyofthemhave courtroom. While thecourthouseisfullof chose JudgeDaniel A. Noonan’s wood-paneled available inJanuary2005. County Courthouse. The finished videowillbe for shootinginlate August intheMilwaukee Wisconsin hires first Stenomaskreporter first hires Wisconsin A videosetfor production New jury he wasoffered thejob. showed thathisworkwasaccurateandcomplete, recording device. After areviewofthetranscripts alongside astenographicreporteranddigital day oftheaudition,Garvinreportedahearing with stenographiccourtreporters.Onthefinal and judgesevaluatedhisrecord-takingcompared week auditionduringwhichattorneys in Wausau aftercompletingatwo- certified verbatimreporter, washired instantly displaysthetextonascreen. mask recordshis/hervoiceand everything thatissaidincourtandthe The reporterrepeatsintothemask reporter holdsoverhisorherface. reporters. of aloomingshortagecourt certified Stenomask reportersbecause that thecourtsgiveconsiderationto subcommittee from achiefjudges’ June, followingarecommendation T Court ReporterMarkGarvin,a After scoutinganumberoflocations,thecrew Deputy ChiefJudgeKittyK. The Stenomask isadevicethatthe Garvin, whoreceivedhisoriginaltraining the oneproduced10yearsagoisscheduled new juryorientationvideothatwillreplace its firstStenomask reporterin he Wisconsin courtsystemhired Marathon CountycourtroomofChiefJudgeDorothyL.Bain. Court ReporterMarkGarvintests hisStenomask inthe Milwaukee CountyCourthouse the Wisconsin LawFoundation. the jurysystem,alsowilltakearole. subcommittee thatisexamininghowtoimprove Rosborough, chairofachiefjudges’ of thevideo,andChiefJudgeMichaelJ. discuss herownserviceonajuryintheopening 1969, toldthe with theU.S.Marinesafterbeingdraftedin looks likeIhaveasthmaticproblems.” Somepeoplethinkit taking oxygenoverthere.’ come uptomeandsay‘Ithoughtyouwere held themasktohisface.“[They]wouldoften 24 yearswonderedwhatwasgoingonwhenhe the NorthCarolinacourtswhereheworkedfor The videoisfundedwitha$13,000grantfrom Chief JusticeShirleyS. Abrahamson will Wausau DailyHerald that jurorsin