Third Branch, Summer 2016

- Vol 24 No 2 HIGHLIGHTS REGULAR FEATURES: 3 Chief Judges appointed 10 Commission on Children, Families, 2 Retirements Summer 5 Law Day celebrated Courts marks 10th year 3 Obituaries 2016 6 PPAC Court Security Subcommittee 11 State Bar promotes public education 4 Awards reconvened 17 Treatment courts conference held 9 New faces 8 Milwaukee joins data-driven justice 18 Legal services funds designated 9 Wisconsin Connects initiative 21 Legislative study committees assigned 16 News and notes Justice Kelly takes seat on Supreme Court isconsin Supreme Court Justice Daniel Kelly was sworn into office by Chief Justice PatienceW Drake Roggensack during a brief ceremony in the Supreme Court Hearing Room on Aug. 10. Kelly was appointed by Gov. Scott Walker to fill the vacancy created by the retirement of Justice David T. Prosser Jr. on July 31 (see related story). Kelly spoke briefly at the ceremony, which was attended by his family members, chambers’ staff a publication of the Wisconsin Judiciary and each of his fellow justices. Kelly said being sworn in as a justice in the hearing room marked the greatest day of his professional life, eclipsing his previous greatest day – being sworn in as a lawyer in the same room. Walker said in a press release that Kelly is an exceptionally accomplished trial and appellate attorney. Chief Justice Patience Drake Roggensack administers the Oath of Office to Justice Daniel Kelly in the Supreme Court Hearing Room on Aug. 10. see Kelly on page 13 Justice Prosser retires from Supreme Court hen Wisconsin Supreme Court Justice David T. Prosser impeachment inquiry. Jr. begins writing the next chapter of his life, he’s going In all, Prosser succeeded in 15 elections, including races for toW have some material to work with, and experiences to draw the Supreme Court, the state Assembly and district attorney. from. While he hasn’t decided exactly how he’ll spend all his Prosser, who retired from the Court July 31, spent four see Prosser on page 2 decades in public service in three branches of state government, including 18 years as a justice. Prior to being appointed to the Court by then-Gov. Tommy G. Thompson in 1998, Prosser was a commissioner on the Wisconsin Tax Appeals Commission from 1997 to 1998. He served in the state Assembly from 1979 through 1996, including two years as Speaker and six years as Minority Leader. Before that, he served as Outagamie County district attorney. Early in his career, Prosser worked in Washington, D.C., first as an attorney-advisor in the U.S. Department of Justice’s Office of Criminal Justice, then as administrative assistant to U.S. Rep. Harold Froehlich (Wis.), who was a member of the House The Supreme Court takes a moment to acknowledge Justice David T. Prosser Judiciary Committee during the Watergate Jr.’s retirement during an open administrative conference on June 21. Eight new circuit court judges appointed ov. Scott Walker appointed Assistant Attorney General Waukesha County Circuit Court Judge Maria S. Lazar, a Clayton P. Kawski to the Dane County Circuit Court former assistant attorney general, said Kawski woud be an BranchG 12 bench effective Aug. 8. Kawski fills the vacancy asset to the bench. The Third Branch created by the retirement of Judge David T. Flanagan (see “In case after case, I have seen him show respect to Retirements on page 20). witnesses and opposing counsel while still standing strong as Kawski has served as an assistant attorney general since an advocate,” Lazar said. 2010, and is currently the deputy director of the office’s The vacancy that will be created by the upcoming retirement special litigation and appeal unit. He previously worked in of Dodge County Circuit Court Judge John R. Storck will be private practice, and as a law clerk for Supreme Court Justice filled by Atty. Martin J. De Vries. Storck announced he will David T. Prosser Jr.. He holds a bachelor of business retire in October. administration from UW-Oshkosh and a law degree from Northern Illinois University College of Law. see New judges on page 14 www.wicourts.gov 2 Summer RETIREMENTS 2016 Editor’s note: Upcoming editions of The Third Bolgert was first elected in 1994, and THE THIRD BRANCH Branch will include features on future retiring judges won re-election three times. He previously including Racine County Circuit Court Judge John worked in private practice and as law clerk S. Jude, Dane County Circuit Court Judge Amy R. for the Court of Appeals after he received Smith, Dodge County Circuit Court Judge John R. his law degree from UW Law School. Storck, Waupaca County Circuit Court Judge Philip Over the years, Bolgert said he enjoyed M. Kirk, Racine County Circuit Court Judge Gerald family cases, especially those with positive P. Ptacek, Vernon County Circuit Court Judge outcomes. He said he has great respect for Michael J. Rosborough and District IV Court of the grandparents who have stepped up in Appeals Judge Paul B. Higginbotham. these cases, and who are doing their best to take care of their grandchildren. He has Judge James J. Bolgert also felt respect for the criminal defendants Sheboygan County Circuit Court Judge James J. Bolgert who have appeared before him and have worked hard to turn their lives around. Although Sheboygan County Circuit Court Judge James J. “Remember, these people come from the same community Bolgert said he’s ready to retire, he said he will miss the as you,” Bolgert advised his successor. “They are entitled to sense of satisfaction from helping people resolve their respect. We all have a stake in the outcome.” He also conflicts and work on solutions. Bolgert retired from the advises new judges to remain fair, impartial and engaged, Branch 5 bench on July 31. see Retirements on page 15 Prosser continued from front page retirement hours, Prosser said he plans to use some of his insurance case that involved the pollution exclusion clause experience helping on committees, such as the recently and whether deteriorating lead paint was a pollutant. Prosser created Wisconsin Legislative Council Study Committee on said he was not yet familiar with the court’s procedures, and Access to Civil Legal Services. He’ll also continue his work after hearing the case, the Court went into closed conference on the National Conference of Commissioners on Uniform to take a preliminary vote. The justices voted in order of State Laws to which he received a lifetime appointment last seniority, with the chief justice casting the first vote. When year, after more than it came time for his vote, the court was split three to three, 20 years of service to leaving him to cast the deciding vote. the group. “And lo and behold, when the poker chips were drawn, I The next chapter of got the case,” Prosser said of the process used by the Court his life also will likely to decide which justice is picked to write an opinion. “It was include writing some a major case, so that was my introduction to the Supreme chapters. Prosser said Court.” he plans to write about Prosser also recalled in that first year the court heard five art, government, and cases involving juror bias, which resulted in the justices law, and to perhaps do feeling the need to develop some doctrine on how to classify some traveling for and deal with different kinds of bias. research. He also has “This was a situation where the individual justices didn’t some ideas for a novel come to the issue with an agenda or a hard and fast view of – all of a political what the law should be. Justices were willing to listen to Justice David T. Prosser Jr. questions an nature, although he each other and discuss the issues collegially and attorney from the Supreme Court bench during hasn’t settled on a professionally,” Prosser said. By the end of his first term, oral arguments in 2002. Prosser retired on specific topic. the court produced four separate opinions with a coherent July 31. “Sometimes what policy on juror bias. “That collaborative process was, I seems like a ‘way out’ idea for a novel becomes outdated by think, one of my most satisfying experiences on the Court.” the ‘way out’ things that happen in society,” Prosser said. Prosser said a justice should respect the intelligence and Prosser’s experience having served in both the Legislature motivation of colleagues, as well as listen and try to reach and the state’s High Court has given him the rather unique the right result. He stressed the importance of open perspective of knowing what it’s like to be in the majority discussion and mutual respect, emphasizing that “the and the minority, both when it comes to creating laws in the institution is much bigger than any individual justice.” Legislature and interpreting laws as a member of the Prosser said he enjoyed hearing criminal cases, Supreme Court. particularly ones that involved constitutional issues based on “A person in the minority is often bolstered by the hope the Bill of Rights. But he was surprised to increasingly find that their view will someday become the majority view,” himself becoming interested in the insurance cases that were Prosser said. “Sometimes, it actually happens,” he added. argued before the court. Although he had a legal background and plenty of Prosser has worked over the years to improve experience as a legislator, the transition from legislator to relationships between justices and judges and legislators. He justice in 1998 was still a learning experience, and he was regularly participated in the new legislator orientation quickly put on the spot, he said.

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