Fall 2013  Volume 3 Messenger

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Fall 2013  Volume 3 Messenger Fall 2013 Volume 3 Messenger Justice Hits the Road: Michael Gonring Showcases the MJC’s New Mobile Legal Clinic Bus PERMIT NO. 3207 NO. PERMIT MILWAUKEE, WI MILWAUKEE, Milwaukee, WI 53202-3746 WI Milwaukee, PAID 424 E. Wells St. Wells E. 424 U.S. POSTAGE U.S. Milwaukee Bar Association Bar Milwaukee PRSRT STD PRSRT Messenger 1 Regular Features Contents 4 Letter From the Editor Fall 2013 • Volume 3 5 Volunteer Spotlight 5 Member News In This Issue: 6 Message From the President 8 MJC Mobile Legal Clinic Hits the Road by Justin A. Metzger, Milwaukee Justice Center 7 CLE Calendar 9 Courts Bounce Back From Major Summer Fire 8 New Members by Honorable Jeffrey A. Kremers, Chief Judge, Milwaukee County Circuit Court 21 Pro Bono Corner 10 Picture This: National Labor Relations Board’s Division of Advice Wants to Sue Employer for Issuing Social Media Policy With Photo/Video Ban Be Part of the Messenger by Attorneys Mitchell W. Quick and Steven A. Nigh, Michael Best & Friedrich Please send your articles, editorials, 11 Supreme Court’s Same-Sex Marriage Ruling Preempts Legislative Process or anecdotes to [email protected] by Attorney Christine M. Flowers or mail them to Editor, Milwaukee Bar Association, 424 East Wells Street, 12 25th Annual MBA Foundation Golf Outing Milwaukee, WI 53202. We look forward to hearing from you! 13 MJC 5K Gets Boost from Perfect Weather by Justin A. Metzger, Milwaukee Justice Center If you would like to participate, we have seats available on the Messenger 15 Reducing the Impact of Recusal on the Functionality of the Supreme Court Committee. Please contact James by Attorneys Jeremy P. Levinson and Richard J. Cayo, Halling & Cayo Temmer, [email protected]. 16 In Memory of Ross Kodner, a Legal Technology Pioneer The MBA Messenger is published quarterly by the Milwaukee Bar by Attorney Nerino J. Petro, Jr., State Bar of Wisconsin 16 MJC Expands Service with New Foley Inns of Court Partnership by Justin A. Metzger, Milwaukee Justice Center 17 Sponsorships and Donations Urgently Needed for 2014 National High School Mock Trial Tournament in Madison 18 The Rime of the Ardent Gunner by Michael Solberg Association, Inc., 424 East Wells Street, 19 The Milwaukee Bar’s Gettysburg Hero Milwaukee, Wisconsin 53202. by Attorney Hannah C. Dugan Telephone: 414-274-6760 E-mail: [email protected] The opinions stated herein are not necessarily those of the Milwaukee Bar Association, Inc., or any of its directors, officers, or employees. The information presented in this publication should not be construed as formal legal advice or the formation of a lawyer-client relationship. All manuscripts submitted will be reviewed for possible publication. The editors reserve the right to edit all material for style and length. Advertising and general information concerning this publication are available from Britt Wegner, telephone 414-276-5931. Messenger 3 MBA Board of Letter From the Editor Directors and Staff “Justice for All” doesn’t about this groundbreaking expansion of the Beth E. Hanan, President come easy. You’d like Milwaukee Justice Center. David G. Peterson, President-Elect to think that once you’ve established the As for the rest of the Messenger, behold a Marcia F. Drame, Vice President Milwaukee Justice seasonal cornucopia of legal news, opinion, Patricia A. Hintz, Secretary/Treasurer Center in the county history, and humor. I’m excited about it, and Charles H. Barr, Past President courthouse, all you have I’m not a very excitable guy. to do is wait for the We have an article on the Wisconsin Supreme thousands of people in Directors Charles Barr, Editor Court’s curious lack of an established our community, who procedure to permit decision of cases when Shannon A. Allen require assistance navigating the court system Friebert, Finerty & St. John disqualification or recusal of one or more but have no access to private counsel, to show justices creates deadlock or lack of a quorum. Honorable Timothy G. Dugan up and get the help they need. Our guest editorialist is an attorney and Milwaukee County Circuit Court ’Fraid not. Yes, they do show up at the journalist who sounds a cautionary note about Matthew Robert Falk courthouse—well over 10,000 of them got the U.S. Supreme Court decision striking Falk Metz help there last year, and the MJC is on track to down the Defense of Marriage Act. Our friends at Michael Best chip in with a “hard Ann S. Jacobs serve even more this year. But still thousands law” articles on the National Labor Relations Jacobs Injury Law more, who have equal if not greater need of assistance, cannot get there. Board’s critical eye towards social media Maria L. Kreiter policies in the workplace. Godfrey & Kahn When you or I need something that requires a trip to any other part of the community, from Chief Judge Jeff Kremers reports on the court Susan E. Lovern system’s recovery from the fire that ravaged von Briesen & Roper Franklin to Fox Point or beyond, we simply jump into a vehicle (perhaps one of several the courthouse, Safety Building, and Criminal Thomas H. Reed at our disposal) and drive there. Within very Justice Facility on July 6. The Milwaukee State Public Defender, Milwaukee Criminal broad limits, we do so at our convenience. To Justice Center describes its expanded family Trial Office boot, we take this ability completely for granted. law services, and a successful third annual edition of the 5K Run for Justice. We have Honorable Maxine Aldridge White Not so for many of our neighbors. Imagine that photos from the run and from the MBA Milwaukee County Circuit Court a vehicle of your own, or at least one that runs, Foundation’s August golf outing, which also Andrew J. Wronski is out of economic reach. Imagine that your benefits the MJC. We remember the late Ross Foley & Lardner friends and relatives are in the same straits; Kodner, a tireless innovator in the field of law you have no ride. You live far from a bus line, office technology. MBA Staff and a cab is financially out of the question. You care for children, elders, or sick or disabled Hannah Dugan is back with a profile of a James D. Temmer, Executive Director persons, with no backup. Or you are elderly, once prominent, but now largely forgotten, Katy Borowski, Director of Projects sick, or disabled yourself. Or you cannot get Milwaukee lawyer who, among numerous time off from a job on which you are absolutely feats, led a Wisconsin brigade at the Battle of Sabrina Nunley, Director of Continuing Gettysburg. The Messenger’s first-ever foray Legal Education dependent for next week’s groceries and next month’s rent. This is reality for many would-be into poetry is the winning entry in this year’s Dorothy Protz, Accountant Milwaukee Justice Center clients, for whom an Terence T. Evans Humor and Creativity in the Law Competition, sponsored by the Eastern Molly Staab, Office Manager excursion downtown is a complex, expensive, and ultimately impractical undertaking. District of Wisconsin Bar Association. Britt Wegner, Director, Lawyer Referral & Information Service The MJC’s Mobile Legal Clinic, a project of We hope you enjoy this edition of the Marquette University Law School and the MBA Messenger, and that you have settled into whatever back-to-school and back-to-work Milwaukee Justice Center Staff that sprang into action Saturday, September 21, brings volunteer lawyers and law students routines apply to you and yours. Another Dawn Caldart, Executive Director to economically depressed neighborhoods, carefree summer is gone; get over it. Autumn Mary Ferwerda, Legal Volunteer Supervisor thereby making legal assistance available to in Wisconsin has its own rewards, and we those residents who cannot feasibly get to won’t think about what comes next. But if Ayame Metzger, Legal Director the courthouse. This is not a frill or a public you were to think about that, can you think relations gambit. It is the vital next step in of a better indoor activity than banging out Contact Information accomplishing the MJC’s mission. an article, anecdote, or even a poem for the Milwaukee Bar Association, Inc. Messenger? (Well, okay, but you could still do 424 East Wells Street That is why the Mobile Legal Clinic bus graces something for the Messenger, right?) Milwaukee, WI 53202 our cover, along with Mike Gonring, the Phone: 414-274-6760 inimitable champion of community service —C.B. Fax: 414-274-6765 in whose honor Frank Daily and Julie Ebert www.milwbar.org made the generous donation to purchase the bus and fund the project. See page 8 for more 4 Fall 2013 Volunteer Spotlight his issue’s volunteer spotlight is a dual motivation to generate the funds that enable Aaron is an Eastern District of Wisconsin one, illuminating the co-chairs of the the Justice Center to operate. Bar Association Board member, and became T MBA Foundation Golf Outing. The golf involved in the MBA’s Golf Committee in outing had a record-breaking year, raising Ben has been a co-chair of the golf outing for 2011. Aaron joins Ben in the sentiment that over $30,000 for the Milwaukee Justice the past three years. He is also on the Board of the most important aspect of the MBA’s Center in August. the Legal Aid Society of Milwaukee, Discovery volunteer programs is raising funds for the World, Safe & Sound (for which he co-chairs Justice Center, which provides legal services First in the spotlight is fund development), Jewish Family Services to those who might not otherwise have access Attorney Ben Wagner. (also serving as secretary and co-chair of fund to them.
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