Vol 25 No 1 HIGHLIGHTS REGULAR FEATURES: Summer/ 2 Director’s column 13 Guardian ad Litem guide 4 Retirements 3 New judges 14 Law Day 8 Obituaries Fall 5 Justice on Wheels 15 EBDM symposium 10 New faces 2017 7 New chief judges 17 Tribal court connections 11 Awards 8 Voir Dire - the opera 20 Court-related legislation 12 Wisconsin connects 9 Honor flight 29 State Bar media workshop 16 News and Notes 13 Teachers institute Statewide eFiling rollout ahead of schedule ully embracing our state motto, the Wisconsin Fcourt system is expeditiously moving “Forward” with mandatory eFiling, increasing access and bringing more convenience and efficiency to litigants, lawyers, court staff, and judges throughout the state. The first phase of statewide mandatory eFiling will be complete almost two months ahead of the projected end of the year completion date. a publication of the Wisconsin Judiciary a publication of the Wisconsin As of Oct. 5, 71 counties had implemented mandatory eFiling for civil, small claims, family, paternity, criminal, traffic, and ordinance case types. Milwaukee, the state’s largest county, implemented mandatory eFiling on Sept. 1. The implementation in Milwaukee went very smoothly, Derrick O’Donnell of Consolidated Court Automation Programs assists said court system Chief Information Officer Jean Cheryl Floryance with the implementation of eFiling at the Milwaukee County Courthouse on Sept. 1. Floryance is the deputy division see eFiling on page 27 administrator in the criminal/traffic division of the Milwaukee County Clerk of Circuit Courts Office. Green Bay Packer Clinton-Dix interns in Brown County hen asked about his leadership role on the Green WBay Packers after a practice on Aug. 4, Pro Bowl Safety Ha Ha Clinton-Dix humbly told reporters: “I just come here every day to work.” At the time, Clinton-Dix was being interviewed in a locker room, and he was referring to his job as a football player. (He was subsequently selected to serve as the team’s defensive captain in the pre-season opener against the Philadelphia Eagles on Aug. 10). But just a few weeks earlier, “coming to work” for Clinton-Dix meant showing up at the Brown County Courthouse for a college internship under the oversight of Brown County Circuit Court Judge Donald Zuidmulder meets with circuit court Judge Donald R. Zuidmulder. Green Bay Packer “Ha-Ha” Clinton-Dix, who partook in a college Clinton-Dix logged 90 hours between late May and early internship under Zuidmulder this summer. Clinton-Dix earned credit toward a degree in criminal justice at the University of Alabama. see Packers on page 28 Appellate judges unchallenged in Spring Election; nine new circuit judges take office ustice Annette Kingsland Appeals judges to the bench for JZiegler won a second 10-year new six-year terms – Judge term on the Wisconsin Supreme William W. Brash III, District I; Court, and Judge Michael R. and Judge Brian K. Hagedorn, The Third Branch Fitzpatrick moved from Rock District II. All of the appellate County Circuit Court to the court judges were unchallenged on District IV Court of Appeals bench the April 4 ballot. as a result of the Spring Election. Nine new circuit court judges, Fitzpatrick fills the vacancy including six who won created by the retirement of Judge competitive races, were elected to Paul B. Higginbotham. Voters also six-year terms. Five incumbent returned two incumbent Court of see Election on page 19 Justice Annette Judge Michael R. Kingsland Ziegler Fitzpatrick www.wicourts.gov 2

Summer/ DIRECTOR’S COLUMN Fall 2017 Top court administrator builds on judicial experience

THE THIRD BRANCH By Hon. Randy R. Koschnick, Director of State Courts aving served 18 years as a circuit court judge, I’m not As with any new job, I’m still learning. But it is Hexactly new to the Wisconsin court system. I’ve been exhilarating work. fortunate to have developed good I have attended a variety of committee meetings, friendships and strong working including the Statewide Criminal Justice Coordinating relationships with many of my court Council on which I serve. I’m also a member of the colleagues over the years. Legislative Committee of the Wisconsin Judicial However, for those of you who don’t Conference, the Planning and Policy Advisory Committee know me, or would like to know a little (PPAC), the Consolidated Court Automation Programs more about me, I thought The Third (CCAP) Steering Committee, the Making the Record Branch newsletter would be a good place Committee and the Wisconsin Judicial Council. to introduce, or re-introduce, myself. My first week on the job, I attended the annual meeting of Before becoming director of state the Conference of State Court Administrators (COSCA), courts on Aug. 1, (see story, page 10) I where I learned much about some of the critical issues and served as a Jefferson County Circuit opportunities facing court systems all over the country. Judge Randy R. Court judge. I was first elected to that As a result of attending this conference, I have been Koschnick bench in 1999 and was re-elected in 2005 assigned a mentor. Cory Steel, the state court administrator and 2011. from Nebraska, has agreed to answer my questions and Perhaps more significantly, from a court administration provide guidance when I need it. I expect to connect with standpoint, I served five years as chief judge of the Third him regularly and to learn from my peers across the country. Judicial Administrative District – right up until I became I’ve also been traveling the state to meet with judges and director. Serving on the Committee of Chief Judges and court staff. working on administrative issues with a district court Of course, I face all the new challenges anyone would in administrator added to my perspective on the court system. changing jobs, such as learning new names, making sure The judiciary is not only a crucial branch of state I’ve filled out the right paperwork, finding the best route to government authorized by the state Constitution to decide work, knowing where to park and how to run the phone legal matters, but the courts are structured in some ways system. like a business. I’m glad to report that with the support of many people, You’ve probably heard the analogy before that when it these things are working themselves out, and I am engaged comes to administrative issues the Supreme Court functions and enjoying my role as director of state courts. n similar to a board of directors, with the chief justice serving as board president. In this analogy, I would be similar to a chief executive officer working on behalf of the Court, as well as on behalf of judges and court staff throughout the state. My goal as director is to make sure that we are always moving toward the most efficient and effective court system possible. Obviously, being an administrator is different than being a judge. But the broader goals of each position are well aligned. Our job is to ensure that we have a court system that people can rely on to uphold rights and settle legal disputes according to the law and facts of the case. Instead of listening to attorneys make their cases in court and analyzing the legal issues, I now listen and respond to the ideas and concerns of the Supreme Court, chief justice, judges, department heads and staff about how to improve our work. Obviously, the courts are more than a business and perform a crucial role in our government. But it also must be sure to provide a value and a good return on investment for the people of Wisconsin. Before becoming a judge, I worked 14 years as an assistant state public defender in La Crosse, Monroe, Waukesha, and Jefferson counties in Wisconsin, and two On Aug. 16, Director of State Courts Randy R. Koschnick years as an intern in the Hennepin County (Minnesota) was a guest on WFAW- AM Radio’s Morning Magazine show, Attorney’s Office, where I helped prosecute consumer hosted by Michael Clish. During the hour-long show, protection cases and serious criminal cases. You could say Koschnick discussed a variety of court-related topics from I’ve worked on “both sides” of the bench, and “both sides” the perspective of a former circuit court judge, as well as his of criminal cases in trial courts. Aug. 1 transition from Jefferson County Circuit Court judge to I think this broad experience and perspective on the director of state courts. Topics included problem-solving courts, court funding, and the Justice on Wheels outreach justice system will serve me well as director of state courts. program, among others. 3

New judges appointed in Rock, Dane, Summer /Fall Outagamie, Milwaukee, Eau Claire counties 2017 THE THIRD BRANCH ov. Scott Walker has for her competence, substance, and leadership. And she Gappointed five new judges to remains a very popular official because she is so obviously the circuit courts. committed to the public interest.” Judge Jeffrey S. Kuglitsch was Schneider has served as district attorney, assistant district appointed effective Aug. 1 to fill attorney, and deputy district attorney in the Rock County Circuit Court Outagamie County. She holds a bachelors vacancy created by the election of degree from Marquette University and a Judge Michael R. Fitzpatrick to law degree from UW Law School. Her the District IV Court of Appeals. appointment began Aug. 28. Kuglitsch previously served as Judge Joseph R. Wall was appointed to corporation counsel for Rock, return to the Milwaukee County Circuit Shawano and Vilas counties. Court bench on July 17 to fill the Branch Menominee and Shawano Judge Jeffrey S. 20 vacancy created by the retirement of Circuit Court Judge James R. Kuglitsch Judge Dennis P. Moroney. Wall had Habeck wrote in support of previously served on the Milwaukee Kuglitsch’s appointment: “Kuglitsch understands the County Circuit Court bench from 2001 to legislative process and recognizes his role in enforcing 2007. public policy. His calm demeanor fits the ideal judiciary Wall served as an assistant U.S. Judge Joseph R. Wall candidate and his personal ethical standards are certainly in attorney in the Eastern District of line with the conduct expected of Wisconsin’s judges.” Wisconsin from 1986 to 2001, and again from 2007 until his Kuglitsch is a graduate of UW-Milwaukee and Southern appointment to the bench. He served on the Financial Illinois University School of Law. Crimes Unit, the Organized Crime Drug Enforcement Task The Dane County Circuit Court Force, and the Human Trafficking Task Force. vacancy created by the retirement Chief Judge Maxine A. White, Milwaukee County Circuit of Judge John W. Markson was Court, wrote in support of Wall: “He mastered any and all filled by Judge Timothy C. subjects, researched and examined the law, and was by far Samuelson on Sept. 1. one of the best legal writers and trial lawyers in the federal Samuelson is a former assistant trial and appellate courts. (Wall) will attorney general, and has served bring a diversity of experience and as the director of the Medical additional judicial strength to help us in Fraud Control and Elder Abuse meeting the needs in any Division of our Unit and deputy director of the Courts to which he is assigned.” Special Litigation and Appeals Wall holds a bachelor’s degree from Unit for the Wisconsin Marquette University and a law degree Judge Timothy C. Department of Justice. He from Marquette University School of Samuelson previously worked in private Law. practice. Samuelson graduated Judge Shaughnessy P. Murphy was from Valparaiso University and UW Law School. appointed to fill the Eau Claire County “Director Samuelson is a hard-working, highly intelligent Circuit Court Branch 5 vacancy created and capable attorney. He has outstanding writing and legal by the retirement of Judge Paul J. Lenz analysis skills and work ethic. He on June 10. Judge Shaughnessy P. respects and is committed to the “Shaughnessy Murphy possesses the Murphy rule of law,” Attorney General common sense Eau Claire values which Brad Schimel said. “In short, he will serve the citizens of Eau Claire County well,” has all of the attributes of Chippewa County Circuit Court Judge Steven H. Gibbs someone who will be an excellent wrote in support of the appointment. “He grew up in Eau jurist.” Claire, graduated from the University of Wisconsin-Eau Former Outagamie County Claire, and is in tune with the pulse of the Eau Claire District Attorney Carrie A. community. He possesses a strong commitment to Schneider was named to replace constitutional principles.” Judge Michael W. Gage, who Murphy is also a graduate of Gonzaga University School retired July 9. of Law. He previously worked in private practice and as a “She is widely respected and senior leadership aide in the U.S. House of Representatives. admired for her hard work and Judge Carrie A. Murphy and his wife live in Eau Claire County with their Schneider consistent success,” retired two sons. n Supreme Court Justice David T. Prosser wrote in support of Schneider. “She is recognized 4

Summer/ RETIREMENTS Fall 2017 Judge Paul Higginbotham B. But a good sense of humor did serve Fox well during his 33 years on the bench. He recalled one case where a young THE THIRD BRANCH Higginbotham man claimed “contemporary insanity” as his defense for District IV Court of Appeals speeding. After serving 14 years on the District IV “It seems that he had caped out the head of a trophy buck Court of Appeals and nine years on the which he shot during the November deer season and had set Dane County Circuit Court bench, Judge it in his garage, intending to take it to a taxidermist for Paul B. Higginbotham retired on July 31 mounting,” Fox said. “Time got away from him, however, at the end of his term. and it wasn't until a stretch of mild spring weather, when the Higginbotham said he enjoyed making odor of the ripening head reminded him of his plan, that he decisions on his own as a trial judge, and undertook to take it in for mounting. It was his haste to get working with others as an appellate judge. it to the taxidermist before it was too far gone to save that Higginbotham recalled two memorable resulted in his citation.” cases he wrote on – one as a trial judge Fox, who will retire on Oct. 6, was first elected to the and one as an appellate judge. bench in 1984, and re-elected 5 times. He had previously The first involved a plan to expand the worked in private practice. Over the years, Fox said he has school voucher program to allow noticed a decline in jury trials. Judge Paul B. Higginbotham Milwaukee students to attend private “In the 1980s it was the norm to try at least one jury case religious schools. The order, issued in per week,” he said. “Now we often go months between jury 1997, was one of the earliest in the country to address the trials. I understand, from issue. His ruling about the constitutionality of the legislation speaking with lawyers and other was upheld by the Court of Appeals, but eventually judges, that there is a similar overturned by the state Supreme Court. trend both statewide and In 2013, Higginbotham wrote for the Court of Appeals in nationally.” a decision involving the complicated rehabilitation of Fox has served as a member of Ambac, one of the world’s largest insurers of financial the Planning and Policy Advisory guarantees. The 88-page decision addressed a plethora of Committee (PPAC), Judicial issues raised by multiple parties. Council Ad Hoc Committee on Higginbotham was first elected to the circuit court in Post-Judgment Family Law 1994, becoming the first African-American judge elected to Reform, Judicial Conference Ad the Dane County Circuit Court. He was appointed to the Hoc Committee on Protective District IV Court of Appeals in 2003, and became the first Placement Reform, and as Judge Douglas T. Fox African-American judge to serve on the state’s appellate secretary for the Judicial courts. He had previously served as city of Madison Conference Probate and Family Law Section. municipal court judge, executive director for the Madison Fox said he will miss “all the people who made my job Equal Opportunities Commission, minority affairs easy,” including the judicial assistants and court reporters he coordinator for the office of the Dane County Executive, has worked with over the years, as well as the staff of the and a staff attorney for Legal Aid Society of Milwaukee and clerk of courts office, register in probate, and district the Metropolitan Milwaukee Fair Housing Council. attorney’s office. In his retirement, he said he hopes to catch Higginbotham said he will miss the collegiality of up on projects around the house and spend winters in working with judicial colleagues. warmer climates. Higginbotham advises new judges to take their time and make sure their record is clean. “If the record is well preserved when it goes to appeal, it Judge Jerome L. Fox will be affirmed,” he said. He also said he believes litigants Manitowoc County Circuit Court will better accept the outcome of their case if they feel like One case in particular grabbed headlines for nearly as their side has been heard fairly. long as Manitowoc County Circuit Court Judge Jerome L. Higginbotham called himself “semi-retired,” as his plans Fox was on the bench, from 2005 to July 31, 2017. include developing his own business handling arbitration Fox presided over what has become one of Wisconsin’s and mediation, as well as consulting with law firms on most notorious court cases, State v. Brendan R. Dassey. making a proper record and briefs for appeals. He also plans Dassey and his uncle, Steven A. Avery, were convicted in to spend more time with his children and focus on his the 2005 murder of photographer Teresa Halbach. The health. prosecutions became the focus of the 2015 Netflix hit series “Making a Murderer.” Judge Douglas T. Fox Dassey was convicted of first-degree intentional homicide, second-degree sexual assault, and mutilation of a corpse, all Price County Circuit Court as party to a crime. In a separate case, Avery was convicted “Don't get too full of yourself,” Price County Circuit of first-degree intentional homicide and being a felon in Court Judge Douglas T. Fox advises new judges taking the possession of a firearm. bench. “Your newly acquired ability to tell jokes that Fox sentenced Dassey, then a teenager, to life in prison. everyone finds to be uproariously funny is perhaps due to reasons other than pure talent.” see Retirements on page 6 Wisconsin.” essay, “HuntingandFishingRights in Welter withanaward forthewinning presents Jeffersonfifth graderMaddie Justice Annette KingslandZiegler Wheels visitinBranch2oftheJeffersonCountyCourthouse. Chief JusticePatienceDrakeRoggensackdiscussestheimportance ofoutreachduringtheSupremeCourt’s Justiceon A during casesinJefferson hears Court Supreme were engagedand interestedinhowtheCourt argument inState v. Brietzman, saidstudents Dean Buchholz, whosestudentsobserved provided,” Roggensacksaid. the supportthatJefferson Countyhas rehabilitative court,wearevery grateful forall and itsstrongsupportofthedrug/alcohol system, suchasitsstate-of-the-art courtrooms Jefferson Countyhasmadeinourjustice and considerthesignificantinvestmentsthat William F. Huepresides. day, Jefferson CourtCircuitJudge the SupremeCourtinBranch2.Onanyother officials forsupportingthecourtsandhosting firewood andcandles. the clerkofcourt’s office. At thetime, thatmeantpayingfor county wasresponsibleforkeepingtheheatandlightsonat part oftheoutreachprogram,whichbeganin1993. Justice onWheels’ Supreme CourtattheJefferson CountyCourthouseduringa Jefferson HighSchoolSocialStudies teacher “As welookaroundthisbeautifulcourtroom Roggensack thankedJefferson County Jefferson isthe28thcommunityvisited bythecourtas attended oralargument heldbeforethe Wisconsin bout 200people,including60highschoolstudents, Justice on Wheels on Justice visit Sept.20. access to establish public and helped Jefferson County originated in Court casethat Wisconsin Supreme recounted anearly for thecourts.She and publicsupport outreach programs importance ofcourt discussed the Drake Roggensack Justice Patience remarks, Chief statutes, thatthe 1856, basedon The Courtfoundin as amatteroflaw. government records In heropening of theCourt’s JusticeonWheels visit toJefferson. Jefferson County Bar Association. The barassociationhostedaluncheon aspart experience may be helpful toajusticeduring aQ&A sessionwith membersofthe Justice RebeccaGrasslBradley fields aquestionaboutwhattypeoflegal Jefferson CountyClerkofCircuitCourtCarlaRobinson. Bar Association membersduringaluncheoncateredby Elementary SchoolinJefferson. Welter isastudentinSamanthaSkretta’s classatEast Wisconsin.” Rights in and Fishing on “Hunting Welter’s essay Welter for Madalyn grade student award tofifth- presented an Ziegler Kingsland Annette Justice tradition, Wheels Justice on a longstanding about thecourtandlegalprocesses,”Buchholzwrote. today, anditisobviousthatstudentslearnedsubstantively program. We hadanopportunitytodebrief duringclasses would ultimatelyrule. The CourtalsoheldaQ& A sessionwithJefferson County Carrying on “Thank youfortheorganization ofthe outreach visit Association. Thompson ispresidentoftheJeffersonCountyBar Atty. DanielleThompson introduceoneofthecases. gathered forJusticeonWheelsinJeffersonlistento Jefferson HighSchoolstudents andotherswho Justice onWheels n

THE THIRD BRANCH 2017 Fall Summer/ 5 6

Summer/ RETIREMENTS continued from page 4 Fall 2017 The case came back to Fox in 2010 when Dassey’s attorneys treatment, and we learned we could do that and still protect filed a motion for a retrial, which was denied. After an the public even better in the long run.” THE THIRD BRANCH appeal in federal court, Dassey was later ordered released, a Gage offers two pieces of advice for incoming judges: request that is still pending in federal “First: don’t take yourself too seriously. Second: value and court. nurture your family, friends and staff relationships.” Fox was first elected to the Branch 3 Gage said he will miss his staff and colleagues after he bench in 2005. He had previously retires, but looks forward to traveling, spending time with worked in private practice and as an his children and grandchildren, and doing some reserve attorney for the Legislative Reference work. Bureau. He has served as a member of the Judicial Council, State Bar Board of Governors, Judicial Education Judge Philip M. Kirk Committee, and the Council on Criminal Waupaca County Circuit Court Justice. Waupaca County Circuit Court Judge Philip M. Kirk Fox said he is proud to have had the retired from the bench on May 29 as the most senior trial ability to serve the people on the bench, court judge in the state. Kirk was first elected to the bench Judge Jerome L. Fox and have the opportunity to work with in 1981. He is a former presiding judge for Waupaca County an informed and great staff. He said Circuit Court, and a former chief judge for the Eighth working with the people in the courthouse, including the Judicial District. In 2008, he was named the Wisconsin lawyers and staff, is what he will miss most. Chapter of the American Board of Trial Advocates “When you go to work for 50 years, it’s difficult to (ABOTA) Judge of the Year. He received a commendation envision life after work,” Fox said. In his retirement, Fox from the state Department of Workforce Development for said he hopes to do more traveling, hunting, reading, hiking, outstanding service as chair of the Chief Judges’ and having fun with his grandchildren. Subcommittee on Child Support in 2002. He is also a former member of the Legislative Committee of the Wisconsin Judicial Conference, Personnel Review Board, Judge Michael W. Gage and Civil Jury Instruction Committee. He previously served Outagamie County Circuit Court as an assistant district attorney for Waupaca County. After 32 years on the Outagamie County Circuit Court “I got in the business because I wanted to make bench, Judge Michael W. Gage retired on July 9. decisions,” he said. Gage was first elected to the Branch 5 bench in 1985, and One of his earliest cases, a month-long security fraud re-elected five times. He had previously served as district criminal trial he heard around the end of his first term or attorney for Outagamie County and worked in private start of his second, helped him form a good foundation for practice. hearing complicated cases. “The biggest challenge over time is probably the one He said in the last 12-15 years, everyone recognizes everyday,” Gage said of his judicial with more civil cases being career. “That is the endeavor to find the balance between settled in mediation, being a just trusting your instincts about what is right, and on the judge has been less interesting. other hand, taking the time to fully hear and consider the He said he has missed the case as carefully as is required.” experience of trying cases, from Gage has served as the judicial liaison for the county’s bench trials to jury trials, over the criminal justice coordinating council, and helped establish a past several years, and believes drug treatment court program in the county in 2009, despite the lack of breadth of cases a lack of funding. Gage volunteered his judges hear now deprives them of time to help run the drug treatment experience. court, which also made use of other Kirk said it was the civil cases Judge Philip M. Kirk available community resources. he enjoyed hearing the most, In 2008, Gage was recognized for his especially when they were argued by good lawyers. Good drug court work with an award from lawyers would not only make it seem as though the trial Empowerment, Solidarity, Truth, Hope, took care of itself, they would often provide him with a little Equality and Reform (ESTHER), an civil law education, Kirk said. interfaith organization in the Fox Valley. Two years after taking the bench, Kirk said he was sent to Outagamie has since opened a mental attend the National Judicial College in Reno, Nevada by health and a veterans treatment court. then-Director of State Courts J. Denis Moran. The dean of “If you don’t have options, you can’t the college, Judge Ernest Watts, had been a trial judge in Judge Michael W. Gage craft a disposition that has good Walworth County, and conducted one of the classes of 125- possibilities of changing behaviors and 150 judges from around the country. protecting the community,” Gage told the Appleton Post- Watts asked for a show of hands of how many of them Crescent. “And it really became obvious that chemical call themselves a “court.” Watts commented that they should dependency is not as much a matter of criminality as it is a not call themselves the court, as the court is an institution of matter of health and safety. And it became obvious that we had to devise responses in court that would focus on see Retirements on page 21 from Waukesha, counties from Winnebago judges new chief appoints Court Supreme a graduateofUW-Madison andtheUW LawSchool. Wood countiesandasanattorneyin privatepractice.Keyis County, asanassistantdistrictattorneyin Winnebago and served asacircuitcourtcommissionerin Winnebago 1998 andhasbeenre-electedthreetimes.Shepreviously Winnebago Countybenchin year termsasachiefjudge. maximum threeconsecutivetwo- Circuit Court,whoservedthe Wirtz, FondduLacCounty replaced ChiefJudgeRobertJ. Administrative District.She the FourthJudicial Court, isthenewchiefjudgeof Winnebago CountyCircuit and Waukeshacounties. Jefferson, Ozaukee, Washington District Three consistsof Marquette UniversityandRegentLawSchool. attorney inprivatepractice.Dorowisagraduateof attorney for Waukesha Countyandworked12yearsasan previously anassistantdistrict and electedin2012.Shewas Waukesha Countybenchin2011 Aug. 1. became directorofstatecourts County CircuitCourt,who Randy R.Koschnick,Jefferson replaced formerChiefJudge Administrative District.She judge ofthe Third Judicial is thenewlyappointedchief Waukesha CountyCircuitCourt, Wisconsin. Tenth Judicial Administrative DistrictinNorthwest committee chairandwillcontinueaschiefjudgeofthe R. Needham,St. CroixCounty, whoservedayearas Wood counties.HereplacesformerchairChiefJudgeScott Lake, Juneau,Marquette,Portage,Sauk, Waushara and which includes Adams, Clark,Columbia,Dodge,Green chief judgeoftheSixthJudicial Administrative District, judges tochairtheCommitteeofChiefJudges.Potteris Wood CountyCircuitCourt,wasselectedbyfellowchief to continueaschiefjudgesoftheirrespectivedistricts. judges fromMilwaukee,Rock,Grant,andSt. Croixcounties districts, effective Aug. 1. The Courtalsore-appointed new chiefjudgesoftheirrespectivejudicialadministrative T Key wasfirstelectedtothe Chief JudgeBarbaraHartKey, Dorow wasappointedtothe Chief JudgeJenniferR.Dorow, Also effective Aug. 1,ChiefJudgeGregoryJ.Potter, judges from Waukesha and Winnebago countiesasthe he Wisconsin SupremeCourtappointedcircuitcourt Dorow Chief JudgeJenniferR. Hart Key Chief JudgeBarbara judge fromeachof Oneida, Price,Shawano, Taylor and Vilas counties) Forest, Iron,Langlade,Lincoln,Marathon,Menominee, County CircuitCourt(DistrictNineconsistsofFlorence, Waupaca counties) Door, Kewaunee,Marinette,Oconto,Outagamieand County CircuitCourt(DistrictEightconsistsofBrown, Sauk, Waushara,and Wood counties) Columbia, Dodge,GreenLake,Juneau,Marquette,Portage, Circuit Court(Districtsixconsistsof Adams, Clark, as chiefadministrativejudgesinclude: counties) Claire, Polk,Rusk,St. Croix,Sawyer, and Washburn Barron, Bayfield,Burnett,Chippewa,Douglas,Dunn,Eau County CircuitCourt(District Ten consistsof Ashland, Pierce, Richland, Trempealeau and Vernon counties) Crawford, Grant,Iowa,Jackson,LaCrosse,Monroe,Pepin, County CircuitCourt(DistrictSevenconsistsofBuffalo, Lafayette andRockcounties) Circuit Court(DistrictFiveconsistsofDane,Green, County) County CircuitCourt(DistrictOneconsistsofMilwaukee judges include: Kenosha, Racineand Walworth counties. Circuit Court,onMay8. The SecondDistrictincludes retiring ChiefJudge Allan “Pat” Torhorst, RacineCounty Second Judicial Administrative District.Rossellreplaced appointment ofJudgeJason A. Rossellaschiefjudgeofthe in 2005and2011. bench, towhichhewasfirstelectedin1999andre-elected Sheboygan and Winnebago counties. District FourconsistsofCalumet,FondduLac,Manitowoc, districts judges, canbefound including alistofcurrentchiefjudges anddeputychief solutions toimproveoperationofthetrialcourts. consider administrativeissues,addressproblemsandfind As needed,thechiefjudgesconvenesubcommitteesto business incircuitandmunicipalcourtswithinthedistrict. chief judgeisresponsiblefortheadministrationofjudicial The CommitteeofChiefJudgesiscomposedonechief District Nine: District Eight: District Six: Circuit courtjudgeswhocontinueintheirtwo-yearterms District Ten: District Seven: District Five: District One: Circuit courtjudgeswhowerere-appointedaschief The SupremeCourtpreviouslyannouncedthe Wirtz continuestoserveontheFondduLacCounty More informationabouttheCommitteeofChiefJudges, . Working withthedistrictcourtadministrator, the Chief JudgeGregoryJ.Potter, Wood County Chief JudgeScottR.Needham,St. Croix Chief JudgeMaxine A. White, Milwaukee Chief JudgeJamesP. Daley, RockCounty Chief JudgeGregoryB.Huber, Marathon Chief JudgeJames A. Morrison,Marinette Chief JudgeRobertP. VanDeHey, Grant the state’s 10judicialadministrative here . n

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Summer/ Opera emerges from reporter’s court coverage Fall 2017 hanks to the talents of a former newspaper reporter, ownership of a macaw) some seriocomic (a “professor of courtroom dramas that played out in one Wisconsin religion” who keeps insisting that he’s guilty of child THE THIRD BRANCH T county a decade ago are being heard all over again in a new pornography and a judge who keeps refusing to accept that venue – the opera hall. plea),” Chism wrote. Jason Zencka, who covered the Portage County Circuit Becoming a librettist is an unusual path for a former Court for the Stevens Point Journal in 2008, wrote the journalist, but not totally surprising to people who knew libretto, or text, of the aptly named chamber opera, “Voir Zencka as a reporter in Stevens Point. Dire.” “If there was anyone who could do it, it would be him,” The opera debuted April 23, with six sold-out said Portage County Circuit Court Judge Thomas T. performances by the Fort Worth Opera of Texas. The opera Flugaur, who recalls Zencka as an engaged and accurate features 14 vignettes drawn from Zencka’s observations as a newspaper reporter. reporter covering the courts. “He loved covering the courts, and when there was a two- The performance drew mostly positive reviews, or three-day trial, he’d know what was going on… He characterized by critics as anywhere from sad and dark to learned the story behind every one of them,” Flugaur said. humorous. Zencka, now a highschool English teacher in Minneapolis, “Based on Zencka’s own experience as a court reporter, met “Voir Dire’s” composer, Matthew Peterson, while both it’s like channel surfing among crime shows, from tragic to attended St. Olaf College in Northfield, Minnesota. comic to zany absurdity…” Scott Cantrell wrote on Peterson developed some of the work as part of a www.dallasnews.com. Fulbright Grant to write a chamber opera while in residence Performances were also reviewed in the Dallas (Morning) at Gotland School of Music Composition in Sweden. News, and the Walls Street Journal, which in part, referred Zencka said covering the courts was a formative to “Voir Dire” as “startlingly immediate and journalistic, as experience. gripping as a great feature story…” “I grew a lot as a writer and as a human being sitting in Olin Chism, who reviewed the play for the Fort Worth the back row of various Portage County courtrooms, so it Star-Telegram, wrote: “… For the most part it’s set in a was surreal to be brought back there (kind of) during the courtroom presided over by a versatile judge who hears both performance,” Zencka wrote in a note to The Third Branch. criminal and civil cases and seems to be tormented over In all, the chamber opera took almost nine years to questions of truth and justice and the difficulty of finding develop as ideas changed, and the former classmates moved answers.” about over the years. n “Some of the vignettes are serious (matricide is the charge), some are comic (a custody squabble over the

OBITUARIES Judge Robert J. Parins time, said Brown County Circuit Court Judge Donald Zuidmulder. 14th Judicial Circuit “He was a tremendous teacher. What I learned from him is Brown County that, ‘I may not always be right, but I’m never in doubt.’ Brown County Circuit Court You still have to make a decision,” Zuidmulder said. Former Brown County Circuit Parins was first elected to the 14th Judicial Circuit, which Court Judge Robert J. Parins died served Brown, Door and Kewaunee counties in 1968. He May 26 at the age of 98. Parins is served on the Wisconsin Judicial College and National widely recognized across the College of State Trial Judges in Reno, Nevada. He retired country for his contributions to the from the bench in 1982 to serve as Packers president. In Green Bay Packers football 1989, he returned to the bench on a reserve judge basis. organization. He became the club’s Parins is a graduate of UW-Madison and UW Law School. first full-time president in 1982, 16 In 1998, he was inducted into the Green Bay Packers Hall of years after being elected to the Fame, after having served 28 years on the board of team’s board of directors. directors. Packers President and CEO Mark Parins is survived by his wife of 76 years, Elizabeth; five Murphy said in a statement issued children; 11 grandchildren; and 27 great-grandchildren. by the team that Parins was an excellent leader who created the Judge Robert J. Parins Judge William L. Reinecke foundation for the team’s successful organizational structure. “He had exceptional foresight to Grant County Circuit Court establish the board’s committees, build Lambeau Field’s Former Grant County Circuit Court Judge William L. first suites and begin the Packers Foundation, which is a Reinecke passed away on June 27 at the age of 86. tremendous legacy of his,” Murphy said. Reinecke served as a judge for Grant County from 1968 Parins’ legal legacy is also well-established in Wisconsin. until 1978, when the court system reorganized. He He was a highly respected lawyer before taking the bench, continued to serve as a circuit court judge until his and he was recognized as the premier circuit judge of his see Obituaries on page 28 9

Honor Flight takes retired judge to D.C. Summer/ Fall n May 21, “You set the high 2017 Oretired standards for the THE THIRD BRANCH Milwaukee greatest generation County Circuit in America. You Court Judge were a Naval Robert W. Officer during Landry took part WWII. When you in the Stars and returned home after Stripes Honor your service, you Flight to were elected to the Washington Wisconsin State D.C. Landry Assembly. As a went with more lawyer you were than a dozen elected to the other WWII Milwaukee County veterans to tour Circuit Court where the nation’s war you served, without Milwaukee County Circuit Court Judge Robert W. Landry poses with a group of high memorials. school girls he met by chance during a recent Honor Flight trip to Washington, D.C. challenge, for more Landry, who The girls asked to pose with him, said Landry’s son, Tom Landry, who made the trip than 40 years. You served in the with his dad. were the chairman Navy and was of the felony stationed in the Aleutian Islands, was accompanied by his division in the criminal branch. You served in the civil son, Tom, on the trip from Milwaukee’s General Mitchell branch of the court as well...” International Airport. Chief Judge Maxine A. White, Milwaukee County Circuit “It was a wonderful experience, both for him and myself,” Court. said Tom, adding that the veterans were widely heralded on “As Chief Judge, I bring you greetings and the very best their travels. wishes from the 47 circuit court judges, our reserve judges, In one instance on the National Mall, a group of high commissioners and staff,” White wrote to Landry. “Some of school girls, who coincidentally happened upon the our judges appeared before you when they were prosecutors veterans, asked to pose for a photo with Landry and another or practicing lawyers. Some of our judges served on the veteran. The veterans were also recognized upon their bench with you either before your retirement or as a reserve. arrival at the airport, Tom said. “When we got to the Most of us, however, know you from the well-traveled concourse there were no fewer than 200 people, just highly respected legacy you established as a jurist in cheering.” Wisconsin.” The trip included an in-flight “mail call” in which friends Landry served as a Milwaukee County judge or Circuit and acquaintances wrote and recounted Landry’s Court judge from 1958 to 1993. After he retired, he accomplishments, not only in the military, but also at home continued to serve as a reserve judge. He had previously and in his professional life. served as a civil court judge in Milwaukee County and as Landry’s friend and Reserve Judge Victor Manian wrote, representative in the Wisconsin Assembly from 1951 to in part, for the mail call: 1953. n Cupid’s arrow strikes; judges marry ven with a focus on judicial security, judges are not Ecompletely safe from the strike of Cupid’s arrow. The arrow has struck Judge Jennifer L. Weston, Jefferson County Circuit Court, and Judge Craig R. Day, Grant County Circuit Court. They were married July 1 at their Grant County farmette in a ceremony officiated by Milwaukee County Circuit Court Judge Glenn H. Yamahiro. A summer celebration of music, wine and beer ensued as the sun set over the Mississippi River valley. Both judges came to the bench in 2009. They met through judicial functions and discovered a mutual passion for, among many other commonalities, morning coffee, the outdoors, good conversation, physical labor, pickled beets,

and cocktail hour. Their Honors grew to also appreciate the Photo credit: Eric Brooks opportunity to debrief each other on the joys and vagaries Judge Jennifer L. Weston, Jefferson County Circuit Court, and of the trial bench. Their professional and personal affinities Judge Craig R. Day, Grant County Circuit Court, have both eventually grew to the point where a more regular and officiated weddings as part of their judicial duties. However, this permanent connection seemed the only tolerable course of time around they were on the receiving end, when Milwaukee action, the judges concurred. n County Circuit Court Judge Glenn H. Yamahiro oversaw their wedding ceremony on July 1 in Grant County. 10

Summer/ NEW FACES Fall 2017 Judge Randy R. Koschnick the director has responsibility for personnel, budgeting, and information technology, among other duties, and provides THE THIRD BRANCH Director of State Courts advice to the Supreme Court on a wide range of matters Former Jefferson County affecting the judiciary. Circuit Court Judge Randy R. Koschnick became director of state courts on Aug. 1, filling the Dean Stensberg post that had been held on an Deputy Director for interim basis by J. Denis Moran Management since June 4, 2015. Koschnick served on the Services Jefferson County bench since Director of State Courts Randy 1999 and as chief judge of the R. Koschnick appointed Dean Third Judicial Administrative Stensberg deputy director for District since 2012. He management services, effective previously served as deputy Aug. 1. chief judge of the district, which Judge Randy R. Stensberg previously served as includes Jefferson, Ozaukee, Koschnick executive assistant to Wisconsin Dean Stensberg Washington, and Waukesha Supreme Court Chief Justice counties. Patience Drake Roggensack. Before joining the bench, Koschnick had worked as an Before joining the court system, Stensberg served as assistant State Public Defender in Jefferson County from chairman of the Wisconsin Parole Commission. He 1985 to 1999. He is a graduate of UW-Stevens Point and previously served as executive assistant and director of Hamline University School of Law. policy and public affairs for former state Attorney General Moran’s departure marks the second time he left the J.B. Van Hollen. Before that, he served as executive director’s post, which he also filled from 1978 until his assistant to former state Department of Corrections retirement in 2003. Moran filled the position on an interim Secretary Michael J. Sullivan, and as special assistant to basis after the departure of former Director of State Courts former Gov. Tommy G. Thompson. Stensberg began his A. John Voelker, who became deputy secretary of the public service career as a legislative assistant to the Caucus Wisconsin Department of Employee Trust Funds in July Chair in the Wisconsin Assembly. 2014. The Office of Management Services provides The director of state courts is the top non-judicial officer administrative support and general business services to the of the court system and serves at the pleasure of the state court system in areas such as budget, fiscal, human Supreme Court under the direction of the chief justice. resources, payroll and benefits, leave accounting, Working with department heads, advisory committees, and procurement, risk management, space allocation and facility chief judges of the state’s 10 judicial administrative districts, management. n

New judges hold their certificates of completion for the 2017 annual Wisconsin Judicial College seminar. Judges learned about administrative duties, court procedures and a variety of topics during the seminar, held Aug. 28-Sept. 1 in Sturgeon Bay. This year marks the 50th anniversary of the Judicial College’s founding, which was celebrated with a recognition ceremony. Look for a feature about the anniversary and history of the college in an upcoming edition of The Third Branch. to thepeopleofMilwaukeeCounty. work, leadershipandextraordinaryservice Bar. Rosawasrecognized forhishard Kelly presentedtheawardonbehalfof Wisconsin SupremeCourtJusticeDaniel convention inWisconsin DellsonJune15. Year” awardatthegroup’s annual the State BarofWisconsin’s “Judgeofthe Frederick C.Rosawasrecognizedwith Milwaukee CountyCircuitCourtJudge 40 plaintiff litigators.Itisdedicatedtopreservingand group of80lawyerscomprised40defenselitigatorsand Chapter President Atty. MichaelP. Crooks. last 25years,”said ABOTA Wisconsin citizens of Wisconsin onthebenchfor impartial, highlycompetentservicetothe May 19. the Year” atthegroup’s annualmeeting of Trial Advocates’ (ABOTA) “Judgeof Wisconsin chapterofthe American Board Emily S.Muellerwasnamedthe ABOTA Judgeofthe Year Judge Muellernamed ‘Best Briefs’competition seeksnominees just beenfiled. The Appellate PracticeSectionwill dothe encourage self-nominations). encourage submissionsfromjudges andtheirclerks,to eligible. resolved between April 1,2016,andDec.31,2017is the “BestBriefs”competition. T The Wisconsin Chapterof ABOTA isa “Judge Muellerwaschosenforherfair, Racine CountyCircuitCourtJudge AWARDS Briefs canbenominated atanytime—evenifit’s only Nominations canbemadeanonymously (inpartto Any principalpartybrieffiledin acasethatwasorwillbe is acceptingnominationsforitssecondinstallmentof he State Barof Wisconsin’s Appellate PracticeSection

Photo credit: State Bar of Wisconsin Judge EmilyMueller Super Bowl. the GreenBayPackersBoardofDirectorsin2011 whenthePackerswon at theconferenceinJune.Zuidmulderreceivedringbecausehe servedon “LifetimeJurist” Wisconsin Dells.KellypresentedZuidmulderwiththeBar’s Award shoot attheState BarofWisconsin’s annualmeeting andconferencein SuperBowlXLVCircuit CourtJudgeDonaldR.Zuidmulder’s ringduringaphoto Supreme CourtJusticeDanielKellyenjoysalaughashetriesonBrownCounty Judge ScottR.Needham. Judge JamesEvenson,andSt. CroixCountyCircuitCourt Court JudgeJamesR.Kieffer, SaukCountyCircuitCourt Section. of Wisconsin’s websitepagesonthe Appellate Practice appellate advocacy. Cane) recognizedthreebriefsas exemplarsofgreat Court of Appeals JudgesMargaret Vergeront and Thomas (retired SupremeCourtJusticeJanine Geskeandretired criteria afternominationsclose. work ofseparatingoutthebriefsthatmeettiming A linktomoreinformationcanbefoundontheState Bar As partofthefirstcompetition,threeretiredjurists W. Markson,MilwaukeeCountyCircuitCourtJudge award includeDaneCountyCircuitCourtJudgeJohn greatly respect.” is arealhonortoberecognizedbylawyersthatI of somethefinesttriallawyersinstate,andit (Racine) JournalTimes think youhavedoneyourjob,”Muellertold organization thatvaluesthekindsofthingsyouvalue throughout thestateof Wisconsin. advancing ethicalandcordialtrialpractice Court JudgeDale T. Pasell, Waukesha CountyCircuit Richard J.Sankovitz,LaCrosseCountyCircuit Previous recipientsofthe“Judge Year” “It isalwaysgreatwhenpeoplewhoarepartofan n n . “ABOTA isanorganization The

Photo credit: State Bar of Wisconsin

THE THIRD BRANCH 2017 Fall Summer/ 11 12

Summer/ WISCONSIN CONNECTS Fall 2017 Justice Ann Walsh Bradley

THE THIRD BRANCH visits Pakistan Wisconsin Supreme Court Justice Ann Walsh Bradley visited Pakistan in May 2017 at the invitation of the Punjab Judicial Academy. Bradley, together with Her Honour Judge (Elizabeth Susan) Williscroft of the England and Wales family court, represented a two-member delegation of the International Association of Women Judges. Bradley serves on the Board of Managerial Trustees of the organization, which has 5000 members world-wide. During her visit, Bradley met with the Lahore High Court (Punjab Province) Chief Justice Syed Justice Ann Walsh Bradley met with the Lahore High Court (Punjab Mansoor Ali Shah. Bradley was asked to share Province) Chief Justice Syed Mansoor Ali Shah (immediately to her right) experiences and make recommendations for and other judges while visiting Pakistan on behalf of the International enhancing the administration of the judicial Association of Women Judges. system. particular professional and family challenges for women High case-load and chronic backlog are challenges that judges. face the Pakistan judiciary, which holds court six days a While in Lahore, the province’s capital city, Bradley week, often in challenging conditions. Bradley was able to spoke to groups of district and session judges and met with sit at the bench with the presiding judge as she observed administrative leaders of the judiciary. As part of the visit, parts of two murder cases and a variety of criminal and she attended an international round-table discussion focused family court cases. on developing best practices models for future training Additionally, Bradley was asked to focus on the needs of judges. Together with Williscroft, Bradley challenges faced by women judges, who comprise a distinct presented a report to the chief justice of her observations minority within the Pakistani court system. Security issues, and recommendations. n as well as the emerging role of women in the judiciary, pose Kuwait Prosecutors visit includes Kuwaiti prosecutors to examine the similarities and differences between the two justice systems. Milwaukee Circuit Court The group also talked about the prerequisites for being a The Office of Prosecutorial Development Assistance and judge in the U.S. and the types of cases that the court Training (OPDAT) under the U.S. Department of Justice manages. The study tour included visits with the FBI, hosted the attorney general and prosecutors from Kuwait on Federal Probation, Oak Creek Police Department and a study tour in Milwaukee from May 15 to May 18. Marquette University Law School. The overall focus was on The delegation was led by Eastern District of Wisconsin, learning about best practices from the United States with Assistant U. S. Attorney, Megan Paulson who had just regard to terrorism and related financial crimes and returned to the United States after serving on a detail addressing Kuwait’s interest in implementing parts of the through OPDAT in Kuwait. U.S. Criminal Code into their own legal system. n Chief Judge Maxine A. White, Milwaukee County Circuit Court, hosted the group on May 16, joined by fellow Milwaukee County Circuit Court Judges Jeffrey A. Wagner, John Siefert and Carolina M. Stark; District Court Administrator Holly Szablewski, Clerk of Court John Barrett and Deputy Clerk James Smith. White briefed the delegation about her background, her role in the courts, and she introduced court participants. “We engaged in spirited discussions (assisted by translators) and were honored to share in great detail and address their questions about one of the cornerstones of our democracy – the use of the jury of Pictured Left to Right: Chief Judge Maxine A. White, Milwaukee County Circuit peers to decide the facts of a case and Court; Ahmad Al Saedrah; Sulaiman Al Fozan; Lulua Al Ghanim; Judge Jeffrey apply the law (which does not exist in A. Wagner, Milwaukee County Circuit Court; Kuwaiti Attorney General Mubarak Kuwait),” White said. Al Refaie; Nasser Al Bader; Judge Carolina M. Stark, Milwaukee County Circuit Kuwait Attorney General Mubarak Al- Court; Milwaukee County Clerk of Circuit Court John Barrett; Judge John Siefert, Refaie outlined the nature of a prosecutor’s Milwaukee County Circuit Court; Deputy Clerk of Circuit Court James Smith; and work in Kuwait. The study tour enabled the District Court Administrator Holly Szablewski. and issuesrelatedtoState v. Yoder Institute forteachersofadvancedplacementgovernmentstudents. high schoolteachersparticipatinginUW-Madison’s Summer States. process andlegalhistoryinearlyEngland, Wisconsin andtheUnited Supreme Court,406US205,32L Ed15,92SCt1526. religious freedom. The decisionwasultimatelyaffirmed bytheU.S. public schoolsafterthe8thgradeasanexerciseoftheirrightto religion. As aresult, Amish parentscouldremovetheirchildrenfrom because itinfringedonthefreedomof Amish topracticetheir requiring childrentoattendschoolfulltimewasunconstitutional guarantee ofreligiousfreedom. state’s interestineducatingchildrenagainsttheFirst Amendment J UW-Madison SchoolofEducation. and facilitatorofthesummerinstitute,whichispresentedby said DavidCanon,aprofessorofPoliticalScienceatUW-Madison participating teacherswithalotofgoodmaterialfortheircourses, Supreme Courtvisit. Mundelein (Illinois)HighSchoolteacherwhohelpedorganize the advanced placementgovernmentcurriculum,said Tom Kuhn,a ad litemthroughaninvestigation. best interestsofthechildrenasdetermined bytheguardian in Wisconsin. The guardianadlitem’s roleistorepresentthe F to thecourt. crucial roleinprovidingthisinformation and placement.Guardiansadlitemplaya well-informed decisionsregardingcustody much informationaspossibletomake involved infamilylawcasestohaveas it isimportantforjudgesandothers grave risksforvictimsandtheirchildren, abuse. Becausedomesticabusecancreate increases ifthecaseinvolvesdomestic handling familycaseswherethereisdomesticabuse. and SafetyIssues Litem: Addressing Custody, Placement, Guidebook forWisconsin Guardians ad framework tohelp guardiansadlitemdetermine whether of theinvestigation tothecourt. whether thereisdomesticabuse and mustreporttheresults 767.407(4), guardiansadlitemare requiredtoinvestigate with teachers atwith teachers summerinstitute commissioner, Court Supreme justicework By Amber Peterson,OfficeofCourtOperations family lawcasesinvolvingfamily domesticabuse New guidebook available tohelp GALswith Kelly andRichdiscussedwithteachersthedevelopmentoflaw Students arenowrequiredtostudy State v. Yoder Kelly andRichalsodiscussedseparationofpowers,appellate In 1971,the Wisconsin SupremeCourtheldthatastatelaw The sessionintheSupremeCourtHearingRoomprovided A guardianadlitemisanattorney, licensed topracticelaw A newresource,titled This guidebook provides acomprehensive,four-step took sometimeoverthesummertomeetwithagroupofabout20 ustice DanielKellyandSupremeCourtCommissionerJulieRich and difficult. This complexityonly amily lawcasescanoftenbecomplex , isdesignedtoaidguardiansadlitemin Domestic Abuse Under Wis. Stat. § , a Wisconsin casethatpittedthe n              "!$ !   ! # " ! $  ! #  " ##$%% #  ! !   H[SUHVVHGLQWKLVSXEOLFDWLRQDUHWKRVHRIWKHDXWKRUVDQGGRQ WKHYLHZVRIWKH'HSDUWPHQWRI-XVWLFHRUWKH2IÀFHRQ9LROHQFH 'HSDUWPHQWRI-XVWLFH7KHRSLQLRQVÀQGLQJVFRQFOXVLRQVRU 'LUHFWRURI6WDWH&RXUWV2IÀFHE\WKH2IÀFHRQ9LROHQFH$JDLQVW #($"#$)% #'" #" #!%& '%      as partofthe
    !$  " " #!%& '% %#"%" $   ! $   [email protected]. Operations at(608) 267-7764or grant, contact Amber PetersonintheOfficeofCourt For more informationaboutthe guidebookortheSTOP 266-3121. obtained bycallingtheOffice ofCourtOperationsat608- book.pdf https://www.wicourts.gov/publications/guides/docs/galguide system’s websiteat RWQHFHVVDULO\UHÁHFW UHFRPPHQGDWLRQV $JDLQVW:RPHQ :RPHQ86 The resourcecanbefoundonthe Wisconsin court of teachersintheHearingRoomatCapitolonJune20. Wisconsin SupremeCourtcase,State v. Yoder withagroup Julie Richdiscussthelawandissuesrelatedto1971 Justice DanielKellyandSupremeCourtCommissioner . Additionally, printcopiesareavailable andcanbe n Advisory Committeeapprovedtheguidebook. Director ofState CourtOffice’s STOP Grant health serviceproviders. Additionally, the litem, domesticviolenceadvocates,andmental as wellfamilylawattorneys,guardiansad and Families,EndDomestic Abuse Wisconsin, Court Operations,theDepartmentofChildren consisting ofrepresentativesfromtheOffice of Governor’s CouncilonDomestic Abuse, disciplinary subcommitteeofthe Wisconsin and courtcommissioners. the qualityofinformationprovidedtojudges implications oftheabuseinordertoimprove there isdomesticabuseandtoanalyzethe The guidebookwasdraftedbyamulti-

THE THIRD BRANCH 2017 Fall Summer/ 13 14

Summer/ Fall Courts host Law Day activities for students ourt and county officials around the state held Law Day preserve them. 2017 activities for students. Here’s a list of activities Other county officials also got involved, including,

THE THIRD BRANCH C submitted to The Third Branch: Deputy Sheriff, Nic Scholl, who explained what is required to be in a squad car and answered many questions on Manitowoc County serving as a Deputy for Buffalo County. County highway Manitowoc County hosted the mock trials of B.B. Wolf v. department employee Eric Mann gave students a close look Three Little Pigs for second graders of the Manitowoc at a Highway Truck and how it works. Information was County School District April 26-28. The trials have been shared on how our roads are maintained and the efforts that held for the past 17 years at the Manitowoc County are made to keep them safe for everyone. Courthouse. This year, more than 750 children participated An addition to the Law Day Program was “LAW DAY in the trials. TRIVIA.” Students were divided into teams and given two Prior to the trial, the judge shows the children the different life lines; one for fellow students and one for a teacher. parts of the courtroom as well as the participants in the They were asked questions about the law and general courtroom. In addition, children are briefly introduced to the questions about the State of Wisconsin, and state and county procedures and proper decorum required in the courtroom. officials. During the trial, the students are asked to determine, after The fourth grade students were invited to enter a poster hearing all of the evidence, whether or not the Wolf is guilty contest and the fifth grade students were invited to enter an or not guilty of the three crimes he is accused of. The wolf essay contest. is portrayed by local actor, R.J. Skrepenski and the three little pigs are portrayed by actresses Cary Moyer, Sue Korte- Kenosha County Koeppe and Dawn Steckmesser. These individuals donate On May 1, the Kenosha County Courthouse was host to their time to the County not only to have fun, but to help 130 7th and 8th Grade students from multiple area promote the importance of the legal system and process. schools who voluntarily participated in an essay contest The trials couldn’t happen each year without the support sponsored by the American Legion Post 293. Highlights of and active involvement of the Manitowoc County Bar their morning included a K-9 demonstration, a tour of the Association, local attorneys, courthouse employees and courthouse, and culminating with a question and answer numerous volunteers. session with Judge Jodi L. Meier and Judge Mary K. Wagner. Winners of the essay contest attended a Law Day Buffalo County presentation in Madison later that week, said Kenosha On May 9, Buffalo County court officials also held a County Clerk of Court Rebecca Matoska-Mentink. mock jury trial featuring the same suspect who was on trial in Manitowoc County: State of Wisconsin vs. the BIG BAD Dane County WOLF. The students played the roles of the victim, The Dane County Bar Association hosted Supreme Court defendant, district attorney, defense attorney, circuit judge, tours at the State Capitol, which included a visit from Chief clerk of court, officer, and witnesses. Other students served Justice Patience Drake Roggensack. Free legal consultations in the very important role of juror. The Big Bad Wolf was were available at the Dane County Law Library, and Dane found not guilty in all jury trials. County Circuit Court Judge Valerie Bailey-Rihn made Clerk of Circuit Court Roselle Schlosser and deputy clerks remarks as part of a gathering to celebrate Law Day at the invited all area fourth- and fifth-grade students to courthouse. The bar association also offered continuing legal participate. Students were welcomed with comments on education programs on due process, voting rights, and the local government and how it impacts everyone. They also 14th Amendment. n reviewed the importance of our rights and the need to

On May 1, Sen. David Craig, R- Big Bend, right, participated in the Judicial Ride-Along program by observing Waukesha County Circuit Court Judge Michael O. Bohren. During the visit, Bohren presided over pretrial and status conferences in family court cases, a final pretrial for a jury trial in a CHIPS case and a guardianship proceeding involving the same minor. The Judicial Ride-Along Program is designed to give legislators a better understanding of the court system and to improve communication between the branches of government. B highlighting innovativeworkbeingdoneinpolicing, and theNationalGovernor’s Association. Prosecuting Attorneys, CenterforEffective PublicPolicy Association of Institute, Urban Justice, The National Instituteof Assistance, Bureau ofJustice Policy Institute, Agencies, Justice Trial Service Association ofPre National Chiefs ofPolice, Association of International Justice Association, National Criminal including: The organizations criminal justice numerous national implementing EBDM,seniorexecutivelevelstaff of grant alongwithrepresentativesofotherstates on theStatewide Evidence-BasedDecisionMaking(EBDM) Front EndInterventions Washington D.C.toattend at Washington D.C.symposium highlighted EBDMefforts Wisconsin The conferencefeaturedanumberofpresentations The attendeesincluded24peoplefrom Wisconsin working discussion wasmore advancedthanthestudents’ agegroupandgradewould have eversuggested. Martin usedthe occasion asateachingmomentabout theeffects ofcompelling governmental need. Whitesaidthe of Rights relatetotheirwork.WhenHoltonwasunable attendduetoasuddenjob-relatedobligation,teacherJulie Milwaukee CountySheriffCpt.Douglas Holton,Jr., to talk totheclassonJune 5abouthowtheConstitutionandBill Lincoln Elementary SchoolinWauwatosa invitedChiefJudgeMaxine A. White,MilwaukeeCounty CircuitCourt,and Corrections broughttogether98invitedparticipantsto etween May31andJune1,theNationalInstituteof Milwaukee CountyCircuitCourt. Manager, MilwaukeeTrial Officeinconsultation withChiefJudgeMaxine A. White, End Interventions A teamfromWisconsin presents atthe . The NationalSymposiumon by ThomasReed,State PublicDefenderRegional Attorney May 2017NationalSymposiumonFront addressed standardsforjudicialintervention. Robinson, EBDMcoordinator, OutagamieCounty, who King, whospokeaboutprosecutorialdiscretion,andBeth mental illness;EauClaireCountyDistrict Attorney Gary Milwaukee Trial Office oftheState PublicDefender, madea Inc.; and Thomas Reed,Regional Attorney Managerofthe Court; NickSayner, ExecutiveDirectorofJusticePoint, particular, wereprominentcontributorstotheagenda. of thecriminaljusticesystem. Wisconsin andMilwaukee,in on workbeingdoneatthepre-charging andcharging stages prosecution andadjudicationofcaseswithaspecialfocus Chief JudgeMaxine A. White, MilwaukeeCountyCircuit individuals with approach to of anadvanced Moore, whospoke Police David Janesville Chiefof presenters included Wisconsin process. Other a decision-making and routedthrough cases arescreened in whichpotential addressed theway Program. Early Intervention The Milwaukee Model ofPractice: presentation titled This session n

THE THIRD BRANCH 2017 Fall Summer/ 15 16

Summer/ NEWS AND NOTES Fall 2017 Milwaukee County Circuit almost three years ago, Bob had much more experience than

THE THIRD BRANCH Court Judge Kashoua “Kristy” I did and I would sit down with him and ask, ‘What do you Yang is the second Hmong- think about this?’ And it was very, very helpful,” Dorow American judge in the country, was quoted as saying. according to the Milwaukee Journal Sentinel. According to The Dane County Drug Court Diversion Program hosted a the article, Yang, who practiced graduate panel on May 25 as part of National Drug Court law in Oak Creek, first came to Month. The panel included three successful graduates of the the Unites States 30 years ago at program, who spoke to current drug court participants. the age of six as a refugee from The diversion drug court program is credited with saving Laos. Yang grew up in 9,973 days of incarceration, and $1.2 million in 2015, Sheboygan with her parents and according to a press release from Journey Mental Health 10 siblings, and worked her way Judge Kashoua “Kristy” Center, which conducts initial screenings of potential through college as a single Yang program participants. mother, the article continues. Yang defeated Atty. Scott Wales for the Branch 47 seat On May 24, Chief Judge Maxine A. White, Milwaukee being vacated by Judge John Seifert, who did not seek re- County Circuit Court; Milwaukee election. According to the Journal Sentinel, the only other County District Attorney John Hmong-American judge in the country is California’s Chisholm; and First Assistant Merced County Superior Court Judge Paul Lo. State Public Defender Tom Reed appeared on “Mike Gousha: On Dodge County Circuit Court Judge the Issues” at Marquette Martin J. DeVries was featured in a University Law School. special Father’s Day cover story in The panel discussed Milwaukee InSpire Magazine. The magazine County’s use of an evidence- focused on DeVries role as a father to based risk tool to help guide bail his 7 children with his wife, Karen. decisions. Last year, as part of “You picked a fine example of a that effort, Milwaukee County Dad for this Father’s Day story,” became one of a small number of Karen told the publication. “Martin is jurisdictions in the country using Chief Judge Maxine A. White very patient, caring and kind. He’s a new tool to help judges decide always willing to spend time with the which defendants should be detained on cash bail prior to kids on their level.” trial and which defendants should be released. White DeVries told the magazine his role discussed the Milwaukee courts use of the Laura and John Judge Martin J. DeVries as a father has influenced his role as a Arnold Public Safety Assessment (PSA) Tool. Coverage of judge. the topic was also picked up the next day on WUWM, “You learn how to treat people and to analyze what’s Milwaukee Public Radio. being told to you,” he was quoted as saying. “You can also The PSA is designed to provide judges with research- see what’s important in life. Everyone in your court is based, predictive information about the risk that a defendant someone’s child and is important to someone. You have to released before trial will engage in violence, commit a new treat them fairly and look out for their best interest.” crime, or fail to return to court. The article also featured quotes from all seven DeVries children praising their dad. The June 2017 edition of Wisconsin Lawyer magazine The Jefferson Daily Union was on hand April 5 for the features an article about bail investiture of Jefferson County written by Milwaukee County Circuit Court Judge Robert F. Circuit Court Judge Jeffrey A. Dehring Jr. Attendees included fellow Kremers. Jefferson County Circuit Court Judge Entitled, “Milwaukee Moves William F. Hue; former Judge and Away From Money Bail System,” current Director of State Courts the article explores what bail is, Randy R. Koschnick; Jefferson how it has been used, and how it County Circuit Judge Jennifer L. should be used, based on law and Weston; Rock County Circuit Court evidence-based pre-trial release Judge Barbara W. McCrory; Chief systems. Judge Jeffrey A. Kremers Judge Jennifer R. Dorow, Waukesha Wisconsin Lawyer summarizes County Circuit Court; and District III the article in a sidebar: “Wisconsin courts tend to set bail Court of Appeals Judge Thomas M. (that is a monetary condition of release) at a level that is tied Judge Robert F. Dehring Jr. Hruz. to the seriousness of the charge and to concerns regarding Dorow recalled how helpful public safety, rather than the likelihood a defendant will Dehring was in his previous role as court commissioner in Waukesha County. “When I came to the family bench see News and Notes on page 22 cooperation andtrust,SawyerCountyCircuitCourtJudge the LCOflagsintheircourtroomsasasymbolof Branch, O Chippewa Indians(LCO) Tribal Court ( Court andtheLacCourteOreillesBandofLakeSuperior flag exchangeceremonybetweenSawyerCountyCircuit judges intheircounties.Oneexampleofthiswasarecent partnership efforts theyhadundertaken withcircuitcourt orders. courts, accesstojusticeissues,andenforcementofcourt discretionary transferofcasesbetweencircuitandtribal including judicialtrainingopportunities,courtsecurity, Fish added. has laidthegroundworkforongoingdiscussion,” White- gathering. Heworkeddiligentlytobringitfruitionand Justice Gablemanrecognizedtheneedforalarger members livingthroughout Wisconsin,” said White-Fish. state’s sovereigntribalcourtsandtheneedsof interest inunderstandingthedifferent structuresofthe Gableman forarrangingthemeeting. Association, expressedhisappreciationto president ofthe Wisconsin Tribal Judges County Potawatomi Tribal Court,whoisalso Education, andUW-Madison. State-Tribal JusticeForum,theOffice ofJudicial the Wisconsin Access toJusticeCommission,the attended themeeting,asdidrepresentativesfrom addition tothejustices,morethan20tribaljudges across thestateduringprecedingyear. In Gableman followingvisitshemadetotribalcourts The gatheringwasorganized byJusticeMichaelJ. Wisconsin Tribal Judges Association inMadison. By Ann Olson,OfficeofCourtOperations judges toexchange ideas,buildunderstanding judgesmeetwithtribal Justices, state court Kingsland Ziegler. JoAnn Jones;and Wisconsin SupremeCourtJustice Annette of Appeals JudgeDianeHouse;Ho-Chunk Nation Associate Judge Associate JusticeSamanthaC.Skenandore; OneidaJudiciaryCourt justices oftheSupremeCourtin April (left toright):Ho-ChunkNation Among thejudgeswhoattended a jointmeetingoftribaljudgesand In additiontodisplayingboththestateof Wisconsin and Some ofthetribaljudgesprovidedexamples Attendees heardpresentationsonabroadrangeoftopics, “Following visitstoallofthetribalcourtsinstate, “The SupremeCourtJusticesshowedanactive Chief JudgeEugene White-Fish oftheForest Supreme Courtmetwithrepresentativesofthe n April 11, thejusticesof Wisconsin winter/spring 2017 ). see The Third mutual interestandtolearnmoreabouteachothers’ justicesystem. Judges Association heldajointmeetinginMadison April todiscusstopicsof Justices oftheWisconsin Supreme CourtandmembersoftheWisconsin Tribal cases forwhichjurisdictionmaybetransferredfromcircuit for trainingandeducationregardingthetriballaw, including funding fortheseservices. urged attendeestoadvocateforcontinued supportoffederal organizations toprovideassistance acrossthestate,and funding coulddrasticallyreducetheabilityoflegalaid representation. Henotedthatproposedreductionsinfederal themselves incourtproceedingsiftheycannotafford legal tribal membersoftenrelyuponlayadvocatesorrepresent legal aidtomembersoftribalcommunities,particularlyas commission’s workandhighlightedtheimportanceofcivil Justice Commission,presentedasummaryofthe Court judgeandPresidentofthe Wisconsin Access to both circuitcourtandtribalsettings. issues andchallengesfacedbyself-representedlitigantsin through eachsystem. courts shadowedoneanothertolearnhowcasesmove improving interactionbetweentheircourtsystems. Tribal Court,haveinstitutedcreativeapproachesto John Yackel, andJudgeJamesSchlender, Jr., oftheLCO As newjudgestakethebench,thereisanongoingneed Judge JamesGramling,retiredMilwaukeeMunicipal Additional topicsofdiscussionincludedaccesstojustice For example,clerksofcourtfrombothtribalandcircuit Roggensack said. Supreme CourtChiefJusticePatience Drake judges onmattersofmutualinterest,” Wisconsin look forwardtofurthercollaborationwithtribal together tobetterservethepeopleof Wisconsin. We how statecourtjudgesandtribalcanwork tribal courtofficers. opportunities forinteractionbetweencircuitand encouraged toinvitetribaljudgesexplore court totribalcourt.Circuitjudgesare White-Fish said. will continuein a positiveandproductivemanner,” development. education andtrainingarecurrently under at the April 11 gathering,furtheropportunitiesfor Following thepositive,collegial exchangeofideas “Our meetingwiththetribaljudgesfocusedon “We areencouraged thatthisexchangeofideas n

THE THIRD BRANCH 2017 Fall Summer/ 17 18

Summer/ Fall Milwaukee court officials connect 2017 with tribal counterparts in Milwaukee THE THIRD BRANCH n March, a group of spoke about IMilwaukee court officials the common and staff, headed by Chief missions of Judge Maxine A. White, our state and gathered at the Milwaukee tribal courts County Courthouse with and shared counterparts from the Forest information County Potawatomi Tribal about his role Court to learn more about each as the other’s justice systems. Wisconsin The idea for a “meet and Supreme greet” was established at the Court’s January 2017 quarterly meeting liaison to of the Wisconsin Tribal Judge Wisconsin’s Association, when White Milwaukee County Circuit Court Judge Carl Ashley meets with Chief Judge Tribal Eugene White-Fish of the Forest County Potawatomi Tribal Court and other accepted an invitation from tribal court officials at the Milwaukee County Courthouse. Courts. By Forest County Potawatomi the end of Community Tribal Court Chief Judge Eugene White-Fish to the evening White and White-Fish confirmed a plan to bring the groups together. initiate formal mutual court programs of “shadowing” – During the January meeting, over food and fellowship, focusing on observing best practices in each other’s White-Fish led the introductions, during which each person jurisdictions, especially in areas of court innovation. shared personal and professional information about Tribal court representatives and Milwaukee judicial themselves and their roles in the justice system. officials will meet again to continue sharing information and “Thanks to Chief Judge White-Fish and our hosts we ideas. n learned more about the rich tapestry of tribal courts in Wisconsin and our tribes’ rich history and culture,” White said. The March site visit of the tribal court representatives to the Milwaukee courts included an overview of the circuit court, opportunities for job-shadowing in selected areas of interest, and a group luncheon meeting with a Q & A session. Tribal court representatives observed a number of open court proceedings, including Adult Drug Treatment Court (ADTC). “During a portion of their visit to Milwaukee Courts, it was an honor to interact and share our ADTC best practices and policies with Chief Judge White-Fish and certain Chief Judge Maxine A. White, Milwaukee County Circuit members of his team,” said Milwaukee County Circuit Court, left, met recently with Forest County Potawatomi Tribal Court officials, including Chief Judge Eugene White- Court Judge Carl Ashley. Fish, Wellness Court Coordinator Valerie Loduha, and Wisconsin Supreme Court Justice Michael J. Gableman Associate Judge Christian Daniels.

Chief Justice Patience Drake Roggensack swears in a group of new state Department of Natural Resources wardens in the Assembly Chambers at the state Capitol on May 26, as family, friends and colleagues look on. Election Elections Commission Complete electionresultscanbefoundonthe were returnedtooffice unchallenged. circuit courtjudgesdefeatedchallengers,and35incumbents worked inprivatepractice. attorney forJefferson and He previouslyservedascity Oshkosh andUW LawSchool. Brantmeier isagraduateofUW- director ofstatecourts. Koschnick, whoisnowthe bench, toreplaceJudgeRandyR. County CircuitCourtBranch4 was electedtotheJefferson Jefferson County Madison, andherlawdegreefromUW LawSchool. degree fromDukeUniversity, hermastersdegreefromUW- district attorneyforDaneCounty. Sheearnedherbachelors district attorneyanddeputy Bar Examiners,andassistant for theNationalConferenceof education andhumanresources UW LawSchool,directorof general, adjunctprofessoratthe an assistantstateattorney Justice. Shepreviouslyservedas for thestateDepartmentof director ofcrimevictimservices Karofsky wastheexecutive to runfora6-yearterm. appointed in2016andchosenot Clayton Kawski,whowas fills thevacancyofJudge Circuit CourtBranch12.She Dane County from Western MichiganUniversityCooleyLawSchool. include: Judge MelissiaR.Mogen All newtermsofoffice forelectedjudgesbegan Aug. 1. Judge BennettJ.Brantmeier Judge JillJ.KarofskywaselectedtotheDaneCounty continued fromfrontpage website. Newlyelectedjudges County. Shehasalsoworkedin family courtmediatorforBurnett small claimscommissioneranda election. Mogenhasservedasa to starthertermJuly10,afterthe Mogen wasappointedby Walker retirement inNovember2016. Judge KennethL.Kutz’s by BurnettCountyCircuitCourt elected tofillthevacancycreated Burnett County Office. Shehasalawdegree General’sMichigan Attorney private practiceandinthe Judge MelissiaR.Mogenwas Judge JillJ.Karofsky Brantmeier Judge BennettJ. Wisconsin Judge MichaelJ.Rosborough.Rood has vacancy createdbytheretirement of the Vernon CountyCircuitCourt Vernon County of Law. Eau Claireand William MitchellCollege private practice.HeisagraduateofUW- corporation counselandworkedin served asthe Trempealeau County was appointedin2016.Radtkehas defeating JudgeCharles V. Feltes,who the Trempealeau CountyCircuitCourt, Trempealeau County University andUW LawSchool. spring. HavasgraduatedfromConcordia Court JudgeJeanM.Kiesthefollowing defeated byMilwaukeeCountyCircuit Branch 45benchin2015,butwas County District Attorney’s Office. legal secretaryfortheMilwaukee the DepartmentofCorrections,andasa intern, aprobationandparoleagentfor as DistrictIICourtof Appeals judicial private practiceattorney, andalsoserved attorney forMilwaukeeCountyand after theelection. her totaketheBranch10benchin April, Appeals. Gov. Scott Walker appointed appointment totheDistrictICourtof created byJudge Timothy G. Dugan’s unopposed fortheBranch10vacancy Wisconsin. nonprofit legalservicesinsoutheastern private practiceandasanattorneyfor Law School.Shepreviouslyworkedin graduate ofLakelandCollegeandUW Dewane Judge RobertP. Judge DarcyJ.Roodwaselected tofill Judge Rian W. Radkewaselectedto Havas waspreviouslyappointedtothe Havas isaformerassistantdistrict Judge Michelle Ackerman Havasran see Election the endofhisterm. Yang isa after JudgeJohnSiefertretiredat Milwaukee CountyCircuitCourt, won theBranch47seaton Milwaukee County Manitowoc County. assistant districtattorneyfor Dewane previouslyservedasan Judge JeromeL.FoxonJuly31. Court followingtheretirementof the ManitowocCountyCircuit Manitowoc Coun Judge Kashoua“Kristy” Yang Judge RobertP. Dewanejoined on page 23 Judge RianW. Radke Yang Judge Kashoua“Kristy” Ackerman Havas Judge Michelle ty

THE THIRD BRANCH 2017 Fall Summer/ 19 20

Summer/ Fall Study committee proposals advance 2017 By Nancy Rottier, Legislative Liaison

THE THIRD BRANCH everal recommendations developed by three different Special Committee on State-Tribal Relations SLegislative Council study committees are making The Legislative Council’s Special Committee on State- progress through the Legislature. Tribal Relations, which is a standing committee that meets every two years when the Legislature is not in session, Study Committee on Access to Civil Legal Services developed three bills that are currently under consideration: Three bills developed by the Study Committee on Access • Assembly Bill 112 would allow the Department of to Civil Legal Services have received favorable action. The Justice to provide grant funds for the Treatment Alternatives study committee, formed in 2016 at the request of the and Diversion program (TAD) to tribes as well as to Supreme Court, was directed to review the need for legal counties. The Assembly Committee on Corrections services by indigent civil litigants and to identify sources of unanimously endorsed this bill in May. revenue other than income and sales taxes to provide civil • Assembly Bill 113 would amend the safe haven law legal services. Here are the three proposals the study that allows a parent to anonymously relinquish custody of a committee put forward: child during the first 72 hours of its life. The bill makes • Assembly Bill 115 would authorize and encourage the various changes to the information that is collected and state Departments of Administration, Health Services, shared at the time child custody is relinquished in order to Children and Families, Workforce Development, and Justice explain the importance to an Indian child of maintaining a to allocate federal block grant money they administer for social and cultural connection to his or her tribe. The bill providing civil legal aid to qualified individuals. The bill also requires the physical custody of an Indian child which passed the state Assembly on a voice vote in May and is was relinquished under the safe haven law to be restored to a under consideration by a Senate committee. biological parent upon request when the child is less than 11 • Assembly Bill 116 also explores ways in which days old. This bill is still under consideration by the existing state agencies can better work together to benefit Assembly Committee on Children and Families. indigent civil litigants. The bill would create an Interagency • Assembly Bill 114 would add tribal judges, tribal Legal Aid Coordinating Council comprised of the following prosecutors, and tribal law enforcement officers to the members: the secretaries (or designees) of the Departments definitions of judges, prosecutors, and law enforcement of Administration, Health Services, and Children and officers under the battery statute that makes it unlawful to Families; the attorney general (or designee); the state public intentionally cause bodily harm or threaten to cause bodily defender (or designee); the executive directors of Wisconsin harm to those justice system officers. Judicare, Inc. and Legal Action of Wisconsin; a member of the Wisconsin Access to Justice Commission and two public Study Committee on Reducing Recidivism and Removing members appointed by the governor. The council members Impediments to Ex-Offender Employment would be required to evaluate how serving the civil legal The Study Committee on Reducing Recidivism and needs of the public would further their respective missions Removing Impediments to Ex-Offender Employment did not and how federal grant money might be used for this purpose. develop any bills for introduction to the full Legislature. AB 116 also passed the state Assembly on a voice vote and However, it did make a number of recommendations for was sent to the same state Senate committee as AB 115. further action. Some of those recommendations are included • Assembly Bill 117 would allow district attorneys, in the pending 2017-19 state budget, including increased deputy district attorneys and assistant district attorneys to funding for two Department of Corrections programs: provide pro bono legal services in civil matters, provided the Windows to Work (W2W) and Opening Avenues to Reentry services are not in conflict with the interests of the person’s Success (OARS). There is also funding in the budget to county. AB 117 received the unanimous endorsement of the support several educational programs for ex-offenders Assembly Committee on Judiciary in June and is likely to be provided by Milwaukee Area Technical College. The state scheduled for action by the state Assembly this fall. budget is currently in its final stages of consideration by the Legislature and should go into effect before the end of September. n Court commissioner bill, other proposals affecting the courts intoduced ith the coming of fall and completion of work on the cause, for a blood draw in first offense OWI cases, there Wstate budget and Foxconn bills, the Legislature’s was no corresponding statutory change to allow court attention is turning to the hundreds of individual bills that commissioners to act in those cases. These bills fill the gap have been introduced since January. in those powers. AB 178 received the unanimous support of • Assembly Bill 178 and Senate Bill 128, introduced at the Assembly Committee on Judiciary in June, and SB 128 the court system’s request and endorsed by the Committee was unanimously supported in September by the Senate of Chief Judges, would add a new power for court Committee on Judiciary and Public Safety. No opposition commissioners in civil cases: issuing search warrants in first has been voiced on the record. offense operating while intoxicated (OWI) cases. When the • Two different proposals to expand and change the statutes were changed by 2015 Wisconsin Act 183 to expungement process are making their way through the authorize a court to issue a search warrant, upon probable see Legislative update on page 28 Eau ClaireCountyCircuitCourt Judge PaulJ.Lenz in Florida,anddosomemediationwork. hopes tobecomeadecentgolfer, spendwintersathiscondo has beenthemostrewarding.Inhisretirement,Kirksaidhe process developandresolveinawaythatbenefitssociety students tolearnaboutstateandlocalgovernments. Badger BoysState, aweek-longseminarforhighschool youth ofthestate,volunteeringfor37yearsasaspeaker he wishedtopassitonnewjudges. Kirk saidthisadvicestuckwithhimthroughtheyears,and synergy betweenawell-groundedjudgeandtheinstitution. judge understandsthedifference, whichproducesapositive the publicandjudgeservescourt. Watts saidagood deciding closecases onthelaw. of theJudicialEducationCommittee. defendants whoparticipate.Lenz alsoservedasamember increased publicsafetybyreducing recidivismfromthe state. Hesaidthecourt,whichwas establishedin2008,has team thatcreatedthefirstcriminal mentalhealthcourtinthe of possessiondrugparaphernalia.Shejustdidn’t getit.” the touristwastrueowneroffigureandneithera along withinsurancepaperworkhelpedhimdeterminethat Colorado 17yearsearlier. A particulardefectinthecasting, that resembledonehadbeenstolenfromhishomein and foundaRemingtonbronzefigureatlocalantiquestore a touristfromColoradowhotraveledthroughEauClaire heard overtheyearsthatstandouttohim. The firstinvolved recreate thepast. old aerialphotographsandotherevidencethathelped estate propertylinedisputecasesthatinvolvedexamining were oftenthemostinteresting,healsoenjoyedhearingreal Lenz saidwhilethecriminalcasesheheardoveryears elected.” not comeoutofthechimneywhenyouwereselectedor Lenz advisesnewjudges.“Rememberthatwhitesmokedid seriously,” EauClaireCountyCircuit CourtJudgePaulJ. Judge PaulJ.Lenz Kirk saidhavingtheopportunitytowatchjudicial Off thebench,Kirkhassharedhisexperiencewith “Thus, Ihadamotto whichappearedonmybench facing The greatestchallenge Lenzsaidhefacedasajudge was Lenz saidhefeltfortunatetobe part ofamultidisciplinary Lenz saidtherearetwocasesoutofthemanyhehas After 23yearsonthebench,LenzretiredJune10. “Take theworkseriouslybutdonottakeyourselftoo RETIREMENTS was surprisedwhenthepolice favorite bongwasstolen.She reported aburglary andthather a drugparaphernaliacharge. woman whoappearedincourton the property. reasonable diligencetorecover provided thetrueowneruses can obtaintitletoproperty thief noragoodfaithpurchaser stolen, seizedthemasevidence other bongswhichhadnotbeen came toherhouse,andseeingthe “She wasincensed.Shehad A secondcaseinvolveda continued frompage 6 Dane CountyCircuitCourt Judge JohnW. Markson Chapter of ABOTA’s Judgeofthe Year. Judicial College.In2016hewas namedthe Wisconsin (ABOTA), andservedasanassociate deanofthe Wisconsin Trial CourtJudgesand American Boardof Trial Advocates private practice.Heisamember ofthe American Collegeof Supreme CourtJustice William G. Gallowsandworkedin and 2014.Hehadpreviouslyservedasalawclerkto bench in2007bythen-Gov. JimDoyle,andelectedin2008 later affirmed bytheCourtof Appeals. Amendment grounds,adecisionthatwas dismissing allthecitationsonFirst orderly. Marksonsaidheendedup proceedings werealwaysrespectfuland courtroom beingstandingroomonly, the of thematonce.Hesaiddespitehis handled about30,attimescallingseveral the protestors,Marksonsaidhisbranch several hundredcitationswereissuedto moments inMarkson’s courtroom. After Capitol alsoprovidedsomememorable commented aftercompletingtheprogram. was asurprise,”Marksonsaidanotherparticipant was theretohelphim.“Beingtreatedlikeanormalperson judge wasjustthereto“lockhimup,”butlaterrealizedhe memorable.” great, familiesarereunited. The general experienceis struggle withaddiction,”hesaid.“Buttherewardsareso four yearswiththedrugcourt–mostrewarding. with thetreatmentcourts–sixyearsOWIcourtand with substanceabuseandcriminality.” accepted, andhavechangedforthebetterwaywedeal and theyaresettingstandards. They arenowwidely become therule,”hesaid.“Somanycountieshavethem, the increaseintreatmentcourtsacrossstate. he noticedduringhis10yearsontheBranch1bench,was continued. respect, fidelitytotheruleoflaw. Try toemulatethem,”he John W. Marksonadvisesnewjudges.“Theirpreparation, why youlikedthem,”DaneCountyCircuitCourtJudge the lastchapterasmuchfirsttwo.” Springs, California,aswellwrite,read,travel,and“enjoy his retirementheplanstospendtimeathomeinPalm staff, particularlyhisjudicialassistantandcourtreporter. In the powerfulcanalwaysappeal.’” doubt, butwhenindoubtrulefavoroftheweakbecause me whereonlyIcouldreadit:‘Doyourbesttobefreefrom Markson saidhe willmissthepeoplehehashad the Markson wasfirstappointedtothe The 2011 Act 10protestsinthestate He saidoneindividualcommentedthatheassumedthe “You followthesepeopleandbear witnesstotheir Markson saidheconsidersthetimehasspentworking “When Istartedtheyweretheexception,nowhave Markson, whoretiredonJune2,saidthebiggestchange “Remember thejudgesyoulikewhenpracticed,and Lenz saidhewouldmisstheloyalandhard-workingcourt see Retirements Judge JohnW. Markson on page 23

THE THIRD BRANCH 2017 Fall Summer/ 21 22

Summer/ NEWS AND NOTES continued from page 16 Fall 2017 make his or her court appearances. This often results in low- “We believe Milwaukee is much closer to the ideal with

THE THIRD BRANCH risk people being detained at great expense and release of less risk to public safety, less harm to individuals, and less high-risk individuals.” cost to the taxpayers.” Kremers also discusses steps taken in Milwaukee County in recent years to help ensure that bail decisions are made Vilas County Circuit Court Judge Neal “Chip” Nielsen based on the risk that a defendant will commit a new crime noted with the election of Judge Troy L. Nielsen to the or fail to appear instead of the seriousness of the charge. Waupaca County Circuit Court, he believed the surname “… Enhancing public safety requires us to manage release “Nielsen” was now the most common among Wisconsin and detention based on risk. So the question is not whether circuit court judges, with three Nielsens serving on the trial courts take risks but whether they take the right risks and court bench, including Racine County Circuit Court Judge measure and manage risk appropriately. The justice system’s Mark F. Nielsen. Further investigation determined that the goal is to balance defendant’s rights with the need to protect last name “Anderson” still holds that honor, with four trial the community, maintain the integrity of the judicial court judges on the bench: Rusk County Circuit Court Judge process, and ensure court appearance. In our society, liberty Steven P. Anderson, Bayfield County Circuit Court Judge is the norm and detention prior to trial or without trial is the John P. Anderson, Dane County Circuit Court Judge Peter carefully limited exception.” United States v. Salerno, 481 C. Anderson, and Polk County Circuit Court Judge Jeffery U.S. 739 (1987). L. Anderson. n

2017 law school admissions Photo credit: State Bar of Wisconsin Photo credit: State

Justice Annette Kingsland Ziegler discusses one of the Supreme Court Hearing Room murals representing the sources of Wisconsin law on the wall during a UW Law School admissions ceremony May 31. Photo credit: State Bar of Wisconsin Photo credit: State Wisconsin Supreme Court Justices listen to a movant during the swearing-in ceremony of 175 Marquette Law School students on May 22. 23

Election continued from page 19 Summer/ Fall a bachelor’s degree from Indiana Waupaca County 2017

University and a law degree Judge Troy L. Nielsen was THE THIRD BRANCH from the University of appointed by Walker to start his Baltimore. She previously term early on the Waupaca worked in private practice in County Branch 1 bench. Nielsen Maryland and Wisconsin, and as replaced Judge Philip M. Kirk an assistant attorney general in who retired on May 29. Nielsen Maryland and as chief counsel has an undergraduate degree from for the city of Baltimore UW-Parkside and a law degree Department of Human Services. from Hamline University Law School. He previously served as an assistant public defender. n Judge Darcy R. Rood Judge Troy L. Nielsen

RETIREMENTS continued from page 21 opportunity to interact with, the courthouse staff, the cases were civil,” he said. “Now 80 percent are criminal.” attorneys, and his colleagues, who he enjoyed working on He said he believed this increase was due to the changes in district policies with, talking about work, and receiving legislation that made more crimes judicial advice. He said he will also miss being involved in felonies. He said the decision to put helping others to solve their problems, often at difficult someone in prison is never an easy times in their lives, and the opportunity to help them develop one, but it was important to keep in trust in the system and establish structure in their lives. mind that the person’s conduct is In his retirement, Markson said he plans to spend the what puts them in prison, not the summer months in Quebec, and fall and spring in Wisconsin, judge. where he hopes to be involved in reserve, mediation and Moroney said he will miss the arbitration work. people he has worked with, especially his wonderful staff, after he retires. And he said while it will Judge Dennis P. Moroney be an adjustment to no longer have Milwaukee County Circuit Court the day-to-day dealings with all the Milwaukee County Circuit Court Judge Dennis P. people in the courthouse, his days Judge Dennis P. Moroney Moroney, who retired May 12 after 24 years on the bench, will be kept busy babysitting his said he’s been called “the last of the characters.” He said he young granddaughters during the week. chooses to take this as a compliment. Moroney said he wished to thank the staff of the Office of According to his estimates, Moroney has handled Judicial Education, and hoped to be part of future programs approximately 50,000 cases, including misdemeanors, as a reserve judge. felonies, and civil cases. This also includes about 50 murder “They don’t get enough consideration and they do a cases in one year while he was in the homicide rotation, two wonderful job,” he said. triple-murders, and three or four double jury cases. One of the double jury cases was for former Alderman Michael Judge John P. Roemer McGee Jr., who was accused of conspiring to have a man beaten and of running a vote-buying operation. He said these Juneau County Circuit Court cases were particularly interesting due to their complexities. Juneau County Circuit Court Judge John P. Roemer retired Moroney was first appointed to the Branch 20 bench in on Aug. 10, after 13 years on the 1993. He previously worked in private practice. He has Branch 1 bench. served as a member of the Civil Jury Instruction Committee Roemer presided over a trial that and Judicial Conduct Advisory Committee; president of the made headlines in 2008, due to the Emerald Society of Wisconsin, St. Thomas More Society of bizarre nature of the crime. Roemer Wisconsin, and the Milwaukee Young Lawyers Association; sentenced Alan Bushey, leader of the director of St. Joseph’s Foundation; participant in the Court “Order of the Divine Will” religious at School Program, and graduate of the National Judicial sect to two years in prison for College. keeping the corpse of an elderly Moroney said when he left a court rotation he left the follower in the bathroom of another calendar with fewer cases than when he came on so cases follower, Tammy Lewis, so he could would be completed in a timely fashion. He said on the civil continue to collect her Social Security payments. Roemer was rotations, it could be challenging to keep up with the Judge John P. Roemer changes in the laws, particularly common law. He also said quoted by NBC15 at the time of the number of criminal cases increased significantly during sentencing as saying the crime had a his time on the bench. devastating impact on two young children, who lived in the “When I graduated law school in 1973, 80 percent of the see Retirements on page 24 24

Summer/ RETIREMENTS continued from page 23 Fall 2017 house. Roemer was first elected in 2004. He had THE THIRD BRANCH previously served as an assistant district attorney for Juneau County and an assistant state public defender, worked in private practice and served as a lieutenant colonel for the U.S. Army Reserves. He is a former member of the Uniform Bond Committee. In 2009, Roemer was part of a team from Wisconsin that traveled to Buffalo, New York to observe a veterans court, which later led to establishing the first veterans court in Wisconsin. “I graciously wish to thank the citizens of the state of Wisconsin and the county of Juneau for giving me this precious opportunity to serve as their circuit court judge,” Roemer said in a Chief Justice Patience Drake Roggensack presents a plaque and expresses her appreciation to former Director of State Courts J. Denis letter to the governor announcing his Moran. retirement. “It is a responsibility that, at times, I can barely fathom.” Moran thanked for work ormer Director of State Courts J. Denis Moran was thanked and Judge Michael J. Rosborough Frecognized for his second round of service to the court system at the end of July. Moran served as interim director from June 4, 2015 until July Vernon County Circuit Court 31, 2017, when he was replaced by Judge Randy Koschnick (see page Vernon County Circuit Court Judge Michael 10). J. Rosborough keeps a framed photo of “The Moran previously served as director from Oct. 1, 1978 until his Honorable Brenna Rosborough” on his bench retirement on May 31, 2003. and refers to it for patience “when tempted to Moran was the court system’s first administrator to hold the title of bite the head off of some lawyer.” Director of State Courts following the court reorganization of 1978. The Rosborough said Brenna was among the first second was A. John Voelker, who left the court system in July 2014 to courthouse service dogs, and he brought her to become deputy secretary of the Wisconsin Department of Employee Trust work with him at the courthouse despite the Funds. In 2002, Moran was honored with the National Association for Court Vernon County Board expressing their wishes Management’s Award of Merit. The award is given for “leadership and to the contrary. excellence in the advancement of the ideals and principles of modern Rosborough, who retired in July at the end of judicial management and professional court management.” n his term, was first appointed in 1986. He is a former chief judge and deputy chief judge of that of the county and others to restore and remodel the the Seventh Judicial Administrative District. He has served historic Vernon County Courthouse in the mid-1990s. as a member of the Criminal Benchbook Committee; CCAP “The Vernon County Courthouse was built in the late Steering Committee; Family Violence Department 1880s and should still be here and in service another Committee; Judicial Conference Legislative Committee; hundred years from now, assuming we don’t go to virtual National Conference of State Trial Judges; Electronic courtrooms and replace judges with algorithms,” he said. Signature Committee; Subcommittee on Rosborough said he will miss the courthouse staff, his Juror Selection and Treatment; and colleagues in the county and around the state, as well as the National Conference of Juvenile and people in the county, who he said have gone out of their Family Court Judges. He is a former chair way to thank him for his service over the years since he of the PPAC Planning Subcommittee, announced his plans to retire. associate dean of the Wisconsin Judicial Rosborough said he plans to spend time traveling the state College, and judicial representative to the and country with his wife, Ellen, in their teardrop camper. Attorney General’s Task Force on “I’m also looking forward to naps after lunch.” Children in Need. Rosborough advises new judges to get involved in committees and judicial Judge John Siefert organizations as soon as possible, as he Milwaukee County Circuit Court believes it will help them better serve the Milwaukee County Circuit Court Judge John Siefert Judge Michael J. public and promote the business of being announced that he would not be seeking another term on the Rosborough a judge. He said it has been a challenge as Branch 47 bench after his current term expired July 31. a judge to realize that judges “can’t save Instead, Siefert said he would begin exploring a campaign them all,” whether it be children in the CHIPS system or youth in the criminal justice system. see Retirements on page 25 Rosborough said he is most proud of his work, along with home onOneida Street. In2007abodywasfound buried in country togetherandeventually settled inPortage,rentinga a groupofadultsandchildrenwho hadtraveledaroundthe “Oneida Street murder,” involved stand outinhismind. over manycases,butthreeofthem Over theyearshehaspresided after workinginprivatepractice. helping them,”hesaid. legal systemwasinterestedin the firsttimetheyactuallyfelt offenders’ lives. the positiveimpactithashadon had, andhasbeenabletowitness Branch 3bench. White said. White retiredSept.13 after11 yearsonthe before you,”ColumbiaCountyCircuitCourtJudge Alan J. tremendous amountofpoweroverpeople’s livesthatcome about beingonthecircuitcourtbecauseyouhavethis Columbia CountyCircuitCourt Judge Alan J.White Norway. immediately afterhisretirementandtheyplantovisit “The mediawantsshortandsimpleanswers.” readily explainableinshortanswers. especially onesthatinvolvecomplexissuesarenot years. the compassionhehasshowninindividualcasesover would bebiasedincriminalcases.Buthesaidisproudof judge toovercometheperceptionthataformerpoliceofficer defendant’s lifeandhelpsteerthemintherightdirection. where hehasbeenabletomakeapositivedifference ina judge immensely, andhasespeciallyenjoyedhearingcases has enjoyedhavingtheopportunitytoservepublicasa for MilwaukeeCountySheriff in August 2018.Hesaidhe Judge JohnSiefert The first,oftenreferredtoasthe White wasfirstelectedin2006, “Many peoplecommenteditwas White isproudofthesuccesshiscounty’s OWIcourthas “It isdifficult totalkaboutpridewhen youaretalking Siefert saidhepromisedhiswifeacruisevacation “Legal issuesrequirenuancedanswers,”heexplained. Siefert advisesnewjudgestoavoidpubliccontroversies, Siefert saidhavingtheabilitytohelppeopleiswhathe RETIREMENTS challenge whenhebecamea officer. Siefertsaidhefoundita treasurer, andaMilwaukeepolice Milwaukee, MilwaukeeCounty as amunicipaljudgefor 1999. Hehadpreviouslyserved neutral betweenparties,”hesaid. be helpfulwhilestillbeing consequences ofpleas,theycan court proceduresandthe can giveaclearexplanationon the bench. will missthemostafterheleaves Siefert wasfirstelectedin “A judgehastobeneutralbut continued frompage 24 Judge Alan J.White courthouse, whomadeitfuntocomeworkeveryday. retirement. Hesaidhewillgreatlymissthepeoplein then-Assistant Attorney GeneralDavid Wambach. most for White washowwellthecaseputtogetherby resulted inaconviction.Oneofthethingsthatstoodout said. used,” White a bestinterestofthechildcase,whichwasanalysisI Court. would goontobeoverturned7-0bythe Wisconsin Supreme between friends,whoeventuallyhadafallingout. The case child isnowdoingwell. severity oftheabuseinflictedonchild. White saidthe abuse. The casewouldgainnationalattentionforthe child, andthreeadultsweresentencedforthemurder abused inacloset. The bodybelongedtothemotherof the backyardandan11-year-old boywasfoundseverely Commissioner’s Office Legal Assistant, SupremeCourt Jackie Crabb Tammy (Hennick),withourjobswoven September 1978. started serviceinthestatesystem in Education inNovember1993,and started withtheOffice ofJudicial Education, retiredonJune15.She coordinator fortheOffice ofJudicial Education Office ofJudicial Dona Everingham Galapagos inthenextyear. her husbandhaveplanstogoSouth Africa andthe with herhusbandwhenhegoesonbusinesstrips.Sheand two kidsandtotravel more timewithher retirement aretospend said herplansfor seven years.Crabb practice lawfirmfor worked inaprivate commissioners, she with the Before startingwork retired onJune22. Office, JackieCrabb Commissioner’s Supreme Court assistant forthe working asalegal White saidheplanstospendmoretimewithhisfamilyin The thirdcasewasa30-year-old coldcasemurderthat “The SupremeCourtdecideditwasacontractcaseandnot The secondcaseinvolvedasurrogacyarrangement “I haveworkedverycloselywith Dona Everingham,conference After 26years see Retirements Crabb’s retirement party. the SupremeCourtCommissioners’ Officeat poses withLegal Assistant JackieCrabbin Chief JusticePatienceDrakeRoggensack on page 26 Dona Everingham

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Summer RETIREMENTS continued from page 25 2017 together over the years that most people considered us one

THE THIRD BRANCH person/one job,” Everingham said. “Even though the office is small the three of us – Karla, Tammy, and I – worked well together to get the job done. The conference being the most complicated to keep everything organized. But, it’s been the utmost privilege to work with the judges. They have been the kindest, most considerate group of people to work for and with.” In her retirement, Everingham said she will be working more with her church as a Deacon and secretary. She also plans to spend more time in her gardens, with family, and to do some traveling. Everingham will be deeply missed by both her coworkers and the many judges who have always looked forward to seeing Everingham and Hennick at the various training seminars for the past 23 years, said Judicial Education Director Karla Baumgartner. Executive Secretary Lori Irmen receives a plaque from former “Dona was definitely the ‘heart’ of judicial education and Director of State Courts J. Denis Moran, while her husband, went above and beyond her job descriptions to assist Barry, looks on. Irmen served as executive secretary for Moran judges in, not only obtaining their judicial education during both of his runs as director, and for former Director of credits, but also in helping in any way she could to make State Courts A. John Voelker. their life on the bench easier. There was never a question addition, I have had a great experience working with so that Dona couldn’t answer. I personally will miss her not many of our employees from all of the court system offices just as a valuable employee but also as a dear friend,” including the Supreme Court, Court of Appeals districts, Baumgartner said. District Court Administrator offices, State Law Library and the Tenney Building administrative offices.” Korenic oversaw several moving projects, including the Lori Irmen renovation of six floors of the Tenney Building in 2005, the Executive Secretary, relocation of the Supreme Court and Director of State Director of State Courts Office Courts Office during the 2000 Capitol renovation, and After nearly 26 years with the court system, Executive several Court of Appeals office relocations and renovations. Secretary Lori Irmen retired from the Director of State He also provided support to the State Law Library through Courts Office on July 13. three moves. Irmen started with the courts in November 1991 as a “It has always program assistant for the Office of Court Operations. In been a priority 2001, she started splitting her time between the Office of one of mine to Court Operations and the Director of State Courts Office as provide prompt the executive secretary to the Director of State Courts, who service for both at the time was J. Denis Moran. She shared that position procurement with Jane Hough, who retired in January 2005, when Irmen and facility- took over the position full-time for then-Director of State related Courts A. John Voelker. She remained in that post when requests,” Moran returned to serve as the director in 2015. Korenic said. “In retirement, I plan to continue working as a part-time “This meant court clerk for the city of Edgerton and will be spending understanding more time managing the car wash that my husband Barry exactly what and I own in Stoughton,” Irmen said. “I also am looking needed to be forward to spending more time with my mother, as well as done and doing some travel and relaxing at our seasonal camper in the monitoring each purchasing Dells.” transaction or facility-related request closely Former Director of State Courts J. Denis Dave Korenic Moran presents Dave Korenic with a plaque to assure prompt honoring Korenic’s service to the courts. Purchasing and Facilities Officer and accurate “After 27 years working out of the very same office I completion. I began in back on June 11, 1990, I have decided now is a hope our employees feel I have done a good job meeting good time to break away from my desk, get up, and move their business needs over the years.” around,” Purchasing and Facilities Officer Dave Korenic Korenic said his retirement plans include providing said. Korenic retired July 10. additional support to his 91-year-old father, volunteering “What kept me going so long in this position was both the with Habitat for Humanity, completing many long-delayed interesting variety of goods and services I procured and the projects around the house, exercising daily, traveling, hiking, employees I had the pleasure to work with,” he said. “In and honing his beer-making skills. n Molnar. back row, PeterSeverson, GrantNicolet,JessicaSash, andChris row, Tom Muhlhausen,EllenPeters,Emily Forest,andTom Kelly; Judy Lewandowski,ReneeKrajewski andJoanneLeighty;Middle County Courthouse,fromleft toright,front row:DerrickO’Donnell, CCAP staff who workedoneFilingimplementation attheMilwaukee eFiling Milwaukee CountyCourthouse. CCAP’s EllenPeters duringimplementation atthe Yang reviewseFilingprogramchangesandfeatureswith Milwaukee CountyCircuitCourtJudgeKashoua“Kristy” anywhere atanytime. convenient waytofileandaccessdocumentsfrom back preciousminutesandflexibilitybyprovidinga delivering documentstothecourthouse,eFilinggivesusers filing andstorageofbulkypaperdocuments. filing asabetterwayofdoingbusinessthantraditional eFiling rollouttothewidespreadacceptanceofelectronic October, withjustBurnettCountyremaining. well. BrownandMonroerolledoutmanditoryeFilingin voluntary eFilingforprobateandinformalcasesas Bousquet. Additionally, 57countieshaverolledout Eliminating thetimeandexpenseofpackaging Bousquet attributestheoverwhelmingsuccessof continued fromfrontpage already underwayfor development workis in phases,and to mandatoryeFiling types willbeadded remarkable.” staff toadaptnewwaysofdoing thingshavebeen Wisconsin courts. The flexibilityandwillingnessofcourt have alldoneagreatjobofmakingeFilingrealityin the judiciary court staff and CCAP team, system. “The the eFiling and supportof implementation training, development, responsible for (CCAP) staff Programs’ Automation Court Consolidated oversees the Bousquet, who schedule,” said get aheadof momentum and us build This hashelped we expected. people areseeingthebenefitstakehold,evensoonerthan from courthousetocourthouse,andcountycounty, involved intheexpansionofmandatoryeFiling. As wego Additional case “We havehadtremendoussupportfromeveryone county-by-county basis,withhelp fromcontractorshired all casetypesbytheendof2019. mandatory eFilingisexpectedtobefullycompletefor The transitionto March 1,2018. mandatory on types willbe Probate case mandatory. transition to and then period oftime voluntary fora case typewillbe case types.Each judgment andlien commitment, mental the guardianship, catching upwithexpendituresin 2018. 2019, usingrevenuegeneratedfrom the$20eFilingfee, projected atabout$2millionayear from2017through to assistwiththeincreasedworkload. Expendituresare CCAP isimplementingmandatory eFilingona Deputy CourtClerkEricaBautista (seated). Deputy CourtClerkEileenLauer(right),and Commissioner MariaDorsey(center, standing), Grant Nicolet(left), MilwaukeeCountyCourt Milwaukee CountyClerkofCourtstaff withCCAP’s Wisconsin eFilingbythenumbers: implementing eFiling onsite incountiestrainingand • Spent morethan1,000staff days statewide training classesforattorneys • Providedmorethan800hands-on support from filersfortechnicalassistance and • Resolvedmorethan16,000contacts enhancements andnewfunctionality judges andcourtstaff with software releasestoprovidefilers, • Deliveredmorethan30major court documents inthefirstyear • Processedmorethan1,000,000 case filingsinthefirstyear • Processedmorethan150,000new accounts foreFilers • Createdmorethan50,000eCourts n

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Summer/ Packers continued from front page Fall July, earning three credits toward a criminal justice degree at he’d finish his studies: His mother, Nicole, and his coach, 2017 the University of Alabama, where Clinton-Dix played Nick Saban, who encourages all of his NFL-bound players THE THIRD BRANCH college football, Zuidmulder said. Clinton-Dix also took a to go back to school.” couple of classes in Alabama during the spring, according to So what’s the Zuidmulder connection? the Green Bay Packers. Zuidmulder met Clinton-Dix’s grandfather by chance Clinton-Dix observed or participated in a wide range of during a ride from the airport in Orlando (Clinton-Dix’s educational experiences, including treatment court sessions, hometown) while Clinton-Dix was still playing for the meeting with prosecutors, riding along with deputies, and Crimson Tide. Zuidmulder stayed in touch and became touring the county jail. friends with the family. “He completed all assignments and was a delight to work During the internship, Zuidmulder said he set aside the with. We had good conversations about criminal justice, and fact Clinton-Dix was a Packer and referred to him by his how you can make a difference in peoples’ lives,” real given first name, Ha’Sean, instead of his widely known Zuidmulder said. nick name, “Ha Ha.” News of the internship and Clinton-Dix’s academic Clinton-Dix is currently in a four-year deal with the ambitions have been widely reported. Reporter Jason Wilde, Packers worth more than $8.3 million, according to WTMJ- who covers the Packers for ESPN Wisconsin, wrote in June: TV Milwaukee, which also covered news of the internship. “Clinton-Dix promised two people when he left Alabama The internship was unpaid. n early (as a first-round draft pick after his junior year) that

OBITUARIES continued from page 8 retirement, when he served as a reserve judge. Ptacek’s Red Owl Grocery in Green Lake, and a teacher’s Reinecke served in the U.S. Naval Reserves during the aide at Ripon Middle School. Korean War, and received his undergraduate degree from She is survived by her children, James (Elvira) Ptacek, Loras College in Iowa and his law degree from UW Law Gerald (Lisa) Ptacek, and Betsy (Lou Dobrydnia) Ptacek; School. five grandchildren; and seven great-grandchildren. He is survived by his wife, seven children, three step- Ptacek was preceded in death by her husband of 73 years, children, 30 grandchildren, and 17 great-grandchildren. Francis J. Ptacek, in 2016. “She lived a full, productive life,” her son, retired Racine County Circuit Court Judge Gerald P. Ptacek, told The Third Helen H. Ptacek Branch. Green Lake County Clerk of Court “My Dad died last March and was also 95. They had been Former Green Lake County Clerk of Court Helen H. married for 73 years and were high school and college Ptacek passed away on March 10, at the age of 95. sweethearts before they married. At 60 years, I commented Ptacek served as clerk of court for Green Lake County for to my Dad that they had been married a very long time. He 12 years, and was a past president of the Clerk of Courts responded: ‘You’re tellin’ me!’” n Association. She also was the co-owner and operator of

Legislative update continued from page 20 Legislature, with floor action expected on one or both of • Assembly Bill 481 would create a grant program for them this fall. Both proposals would move the court’s family treatment courts and juvenile treatment courts and expungement decision away from the defendant’s sentencing was recently introduced with strong bipartisan co- date and would incorporate a petition and order process for sponsorship. The bill would require the Department of expungement. Children and Families to develop a grant program similar to • Senate Bill 53 and Assembly Bill 93, identical bills the TAD program but aimed at parents with substance abuse introduced by Sen. Leah Vukmir (R-Brookfield) and Rep. or mental health problems whose children have come under Joe Sanfelippo (R-New Berlin) were developed as part of an the jurisdiction of the juvenile court. This proposal was eight-bill package the authors call the “Victim Prevention originally developed by the 2014 Legislative Council Study Package.” Besides changing the time of the expungement Committee on Problem-Solving Courts, Alternatives, and decision, the bills would require a defendant to wait for one Diversion. Last session, the proposal passed the state year after completing his or her sentence to petition the Assembly on a 98-0 vote but was never acted on by the state court, would require a $100 filing fee and would be Senate. Milwaukee County has been operating a family prospective only. The other proposal, Assembly Bill 331, is drug treatment court since May 2011, and other counties are co-authored by Rep. Dave Steffen (R-Green Bay) and Sen. currently exploring opening a similar court. A public hearing Fred Risser (D-Madison). The major differences are that is planned for early October. AB 331 would allow a defendant to petition for Information on these proposals and other legislation the expungement at any time after successfully completing a court system is following is available on CourtNet on the sentence (including if the case has already been closed), page for the Legislative Committee of the Judicial would specify that a crime that is expunged is not Conference. n considered a conviction for employment purposes, and would require the Department of Justice to redact an For more information, contact Legislative Liaison Nancy expunged record from any Crime Information Bureau Rottier at 608-267-9733 or [email protected]. request for information. The Third Branch (608) 267-0980 fax [email protected] e-mail (608) 261-6640 phone Madison, WI53701-1688 P.O. Box1688 Court InformationOfficer Tom Sheehan and articleideasto: Send questions,comments, court system. interest totheWisconsin Office, providingnewsof Director ofState Courts quarterly publicationofthe The ThirdBranch Sara Foster Tom Sheehan Nancy Rottier Amber Peterson Ann Olson Hon. RandyR.Koschnick Sara Foster Sara Foster Tom Sheehan Hon. RandyR.Koschnick Patience DrakeRoggensack Graphic Design/Layout Contributing Writers Associate Editor Editor Director ofState Courts Chief Justice Summer www.wicourts.gov 2017 is a Fran Deisinger, whoservedas moderator. Institute; andMichael O’Hear, professor, MarquetteUniversity LawSchool.andState BarPast-President U.W. LawSchoolmakesapoint. Also picturedareMikeNichols, president,Wisconsin Policy Research Milwaukee County CircuitCourtJudgeCarl Ashley, left, listens asCeceliaKlingele,associate professor, State Barmediaworkshop at present staff Judges, court Law School;andmoderatorGilHalsted,retiredreporter, Wisconsin Public Radio. Wisconsin State MilwaukeeTrial PublicDefender’s OfficeandadjunctprofessorMarquetteUniversity Evidence-Based DecisionMakingSubcommittee;ThomasReed, Regional Attorney Manager, County District Attorney andchair, Department ofJusticeCriminalCoordinating Council panelists included,left toright: Anna Ruzinski,MenomoneeFallsPoliceChief;DavidO’Leary, Rock Decision Makingaspart ofapanel attheState legalworkshoponSept.8.Other newsreporter’s Bar’s Tommy Gubbin,CourtOperationsspecial projects coordinator, left, discussedEvidence-Based also standfor“Experience-BasedDecision all about,Sankovitzsaidtheacronymcould based decisionmaking(EBDM). served onapanelthataddressedevidence- Special ProjectsManager Tommy Gubbin County CircuitCourt,andCourtOperations opportunities. criminal recordonemploymentandother race, andthelongtermimplicationsofa treatment inthejusticesystembasedon that maybecontributingtodisproportionate terms ofconfinementforthesamecrimes. recent decadesthathaveresultedinlengthier Incarceration in Wisconsin.” the Problem:MassandDisparate Carl Ashley satonapanelentitled,“Owning was free. immigration andredistricting. The workshop the courtsandcomplexlegalissues,suchas legal system,andtechniquesforcovering state tolearnmoreaboutmedialaw, the Madison onSept.8. a State Barof Wisconsin legalworkshopin more than100newsreportersandlawyersat J To helppeopleunderstandwhatEBDMis Judge RichardJ.Sankovitz,Milwaukee Ashley sharedhisperspectiveonfactors The paneldiscussedchangesinthelaw Milwaukee CountyCircuitCourtJudge The Barinvitedreportersfromacrossthe experts whosharedtheirknowledgewith udges andcourtstaff wereamongthe Appeals website. Wisconsin SupremeCourtandof that website,aswellonthe what informationisavailableon (WCCA), andshediscussed Wisconsin CircuitCourt Access court system’s newBetasitefor of developingatrialcourtrecord. confidence, andtheimportance court rules,security, juror courts, Blancharddiscussedlocal importance ofcoveringthe Court Records.” Cover theCourtsand Access presented asessionon“Howto officer forthecourtsystem Jean Bousquet,chiefinformation District IV Courtof Appeals, and Initiative. which sponsorsanEBDM National InstituteofCorrections, with continuedsupportfromthe EBDM havebeenrecognized accomplishments intheareaof it, orreplicatingit. out whatworksandstickingwith completely different explanationoffinding Making.” Otherpanelistssuggesteda Bousquet demonstratedthe In additiontoexplainingthe Judge Brian W. Blanchard, Gubbin said Wisconsin’s n Judge BrianW. Blanchard Jean Bousquet

Photo credit: State Bar of THE THIRD BRANCH

Summer /Fall Wisconsin 2017 Photo credit: State Bar Photo credit: State Bar of Photo credit: State Bar of of Wisconsin Wisconsin Wisconsin 29