Vol 13 No 2 H I G H L I G H T S Spring 2 WSCCA.i is revamped 6 Leadership 2005 3 Four Wisconsin judges honored 8 Election 2005 5 Weighted caseload study will involve 14 Retirements every judge 18 People

2005-2007 budget Children’s Court Initiative will be piloted moves forward by Bridget Bauman, Office of Court Operations by Deborah Brescoll, budget/policy officer his summer and fall, an innovative new project designed to strengthen court processing in Chapter 48 cases will be piloted in Jackson, La Crosse, Pierce, he state Assembly completed T and Washington counties. The project, called the Children’s Court Initiative (CCI), action on the state’s 2005-07 T will be taken statewide in November. biennial budget at 5 a.m. on CCI is a comprehensive, ongoing, collaborative effort to establish safety, per- Wednesday, June 22. The bill now manency, due process, and timeliness performance measures in cases involving goes to the Senate. Legislative leaders children in need of protection or services (CHIPS) and in termination of parental hope to have the bill to Gov. Jim rights (TPR) cases. Doyle by July 1. The budget bill

a publication of the Wisconsin Judiciary a publication of the Wisconsin CCI is not a federal audit but an internal review designed to determine whether covers state expenditures from July 1, counties are meeting minimum practice standards and to identify best practices 2005 through June 30, 2007. and any areas that need improvement. The achievement of the performance meas- Court-related provisions include ures will be assessed and tracked through on-site review of CHIPS and TPR court the following: files; observation of CHIPS and require a lapse of $1.3 million to TPR hearings; surveys; inter- the state’s general fund over the views; and data analysis. The on- biennium from any of the courts’ site reviews will last less than a general fund state operations week. In addition, interviews may appropriations (these include the be conducted with judges, clerks, three levels of court, the Director caseworkers, prosecutors, attor- of State Courts Office, and the neys, guardians ad litem, and Wisconsin State Law Library); tribal representatives. provide additional funding for When schedules permit, CCI projected increased use and cost and the Department of Health and Family Services program known as Continuous of court interpreters under current Quality Improvement (CQI) will travel in unison to conduct simultaneous reviews. law (the committee deleted the CQI will review agency child welfare files and conduct in-depth interviews of see Budget on page 21 see CCI on page 21

Supreme Court refines TIS law Wrapping up its 2004-05 term, the state Supreme it plainly: “This statute [§973.195(1r)(c)] granting the Court has issued several opinions that clarify and refine district attorney a veto power over a circuit court’s Truth-in-Sentencing (TIS). decision-making process on an inmate’s petition for TIS applies to crimes committed on and after Dec. 31, sentence adjustment is constitutionally over the top.” 1999. Under TIS, the defendant serves the full amount of time the judge imposes and is not eligible for early release In a Kenosha County case (State v. Trujillo, 2005 WI through parole. Because the Legislature adopted TIS for 45), the Supreme Court majority concluded that a crimes committed on or after Dec. 31, 1999, but waited reduction in the maximum penalty for a crime does not several years to adopt a new criminal code that reduced amount to a new factor for purposes of sentence maximum sentences to reflect the fact that there would be modification. Writing for the majority, Justice N. Patrick no parole, there is a group of cases involving crimes Crooks noted: “If the legislature wanted the reduced committed between Dec. 31, 1999 and Jan. 31, 2003 maximum penalties to be considered in TIS-I sentence known as “TIS I” that have spurred many appeals from modification hearings, it could have provided that the thousands of inmates hoping to reduce their sentences to reduced penalties in TIS-II shall have retroactive reflect the penalties that ultimately were enacted for their application.” crimes. Here is a snapshot of the Supreme Court’s opinions on TIS cases this term: A Rock County case (State v. Tucker, 2005 WI 46) also asked whether reduced penalties could be used as a new The Third Branch In a Dane County case (State v. Stenklyft, 2005 WI 71), factor to modify a sentence, but this case focused on the Supreme Court majority concluded that the law unclassified offenses. The Supreme Court majority again permitting the district attorney to veto an inmate’s petition concluded that a reduced penalty is not a new factor. for sentence adjustment violates the separation of powers Justice N. Patrick Crooks wrote: “Whether the court is doctrine and that the district attorney’s views are advisory dealing with a classified or unclassified felony, the same to the judge. Writing for the majority, Chief Justice rationale concerning new factor jurisprudence and the Shirley S. Abrahamson and Justice N. Patrick Crooks put applicability of § 973.195 controls.” www.wicourts.gov 2

Spring Director’s column: New committee will revisit rules for case info on Web 2005 There are too many ways in which careless people can I want to thank the following individuals for agreeing to “reach a wrong decision.” That was the conclusion of an take part in this important work: Judges Gary L. Carlson, THE THIRD BRANCH Oshkosh Northwestern editorial concerning the use of the Taylor County, Patrick J. Fiedler, Dane County, Charles F. Wisconsin Circuit Court Access (WCCA) Web site. WCCA Kahn Jr., Milwaukee County, and Dale T. Pasell, La Crosse is a gateway to information on circuit court cases around the County; Clerks of Circuit Court John Barrett, Milwaukee state. It is safe to say that the WCCA page is also the most County, Carolyn Evenson, Waukesha County, and Jeff controversial piece of our site because it provides the Schmidt, Ozaukee County; Deputy Director for Court public with quick and easy access to court records. Operations Sheryl Gervasi; Chief Information Officer Jean Considering the site now receives close to 2 million hits Bousquet, Consolidated Court Automation Programs; a day, the implications of what information is available District Court Administrators Gregg Moore, District 10, and are significant. The only court records provided on Kathleen Murphy, District 8; Reps. Donald Friske (R- WCCA are those open to public inspection – but public Merrill) and Marlin Schneider (D-Wisconsin Rapids); Attys. inspection used to require a trip into the deep recesses of Larry Benske, Mary Burke (Department of Justice), Scott the county courthouse and so, in practice, most of these Horne (District Attorneys Association), Gerald Mowris, and records were difficult to inspect. Now that public inspec- Kelli Thompson (State Public Defender’s Office); Police tion involves just a few keystrokes, court records are Chief Rick Myers, Appleton; and Sheriff Randy Roderick, inspected around the clock by employers, the media, Green County; Carol Doeppers, a government privacy con- neighbors, parents, teachers, friends, spouses – you sultant; Bill Lueders, editor of Isthmus and president of A. John Voelker name it. Wisconsin Freedom Council; and John Laabs/Neil Heinen We have received a steady stream of accolades and of Wisconsin Broadcasters Association. complaints about WCCA. The media and advocates of open government praise the quick access to information while others express concerns about privacy and wonder whether we adequately explain the information that is available. The case cited by The Northwestern involved an individual who was wrongly charged with attempted rape and attempted murder, had his case later dismissed, and was concerned that potential employers would use the charging information Judge Gary Carlson Judge Patrick Fiedler Judge Charles Kahn contained on WCCA against him. Should we change what we present? I do not know. But I have convened a committee similar to the one that originally developed the policy on WCCA records – privacy advo- cates, media representatives, lawyers, judges, clerks of court and others - to review the policy and determine whether change is needed. The committee had its first meeting on

June 10, and we spent a lively two hours discussing the Judge Dale Pasell Sheryl Gervasi Jean Bousquet many relevant issues. I believe that our duty is ultimately to balance competing interests, to adjust when adjustment is needed, and to stand firm when stability is the best policy. No matter what changes may or may not result, a vigorous and open discus- sion of the issues will foster public satisfaction with this very public part of our system.

Rep. Donald Friske Rep. Marlin Schneider Sheriff Randy Roderick New case management system unveiled for Supreme Court/Court of Appeals by Christopher Paulsen, chief deputy clerk, Supreme Court/Court of Appeals hose who have looked up appellate cases recently on communication. The Clerk’s Office expressed its needs in Tthe court system Web site probably have noted that law-related terms, invoking appellants’ briefs, respondents’ changes are afoot in the case management database. briefs, reply briefs, amicus briefs, writs of habeas corpus On April 4, the Supreme Court and Court of Appeals and the like. Each document type has to be entered into a Clerk’s Office implemented a redesign of its case schedule with tickler reports to enable the Clerk’s Office to management program, capping many months of cooperative monitor case progress. The CCAP staff had the task of effort between the Clerk’s Office and Consolidated Court translating those needs into a working format that would not Automation Programs (CCAP) staff. The overhaul was only meet the needs of the Clerk’s Office, the Court of necessary to make the program amenable to enhancements Appeals, and the Supreme Court, but the needs of the public such as, eventually, electronic filing. accessing the database for case information. One of the first, and by no means least significant, The CCAP technicians set up a working computer hurdles in the implementation process involved see WSCCA.i on page 22 Gempeler is‘Judgeofthe Year’ honorsMawdsley ABOTA decisive.” “He hasakeenintellect andisfair-minded, patientand Atty. DanielM.Floeter, stateBenchBarCommittee chair. knowledge ofthelawtowork resolvecasesfairly,” said County Bar Association. nominated bytheboardofdirectors ofthe Waukesha education, orinnovativeprograms.Gempelerwas her leadershipinadvancingthequalityofjustice,judicial improved thejudicialsystemduringpastyearbyhisor Wisconsin’s 2004‘Judgeofthe Year’. in Waukesha Countysince1983,istheState Barof BT andtheState Bar. ABOTA judge ataNovemberseminartobeconductedbythe Joseph M. Troy, OutagamieCounty. DiMotto andMichaelP. Sullivan,MilwaukeeCounty;and District III; Thomas H.Barland,Eau ClaireCounty;JohnJ. Milwaukee County;GordonG. Myse,Courtof Appeals, his judgeship. corporation counselandanassistantdistrictattorneypriorto from MarquetteLawSchoolin1975,servingasa Mawdsley hasworkedin Waukesha Countysincegraduating Waukesha County, wherehewasfirstelectedin1988. he’s veryaccommodatingandrunshistrialswell.” – the antithesisoftrialjudgewhois‘Rambojudge’ Milwaukee. 2005 Judgeofthe Year awardataMay5dinnerin Four judgeshonored Wisconsin F C. Gartzke,whoretiredin1996fromthe Wisconsin Courtof Appeals. from theMilwaukeeCountyCircuitCourtbenchandwhoreceivedState Bar’s Lifetime Achievement Award, andPaul the American Boardof Trial Advocates (ABOTA). Also honoredwereReserveJudgesLeeE. Wells, whoretiredin2004 Robert G. Mawdsley Judge AWARDS As Judgeofthe Year, Mawdsleywillpresideasatrial presentedJudgeRobertG. Mawdsleywithits ABOTA The Judgeofthe Year istypicallyajuristwhohas “This awardrecognizesJudgeGempeler forputtinghis Judge MarkS.Gempeler, whohasservedonthebench atAOAhonoreesincludeJudgesRobert W.Past Landry,ABOTA Mawdsley isservinghisthirdtermonthebenchin Milwaukee Attorney J.MichaelEnd,amemberofthe fWueh onyCrutCut eehnrda Jdeo h er by,of Waukesha respectively, CountyCircuitCourt, werehonoredas‘Judgeofthe theStateYear’ Barof Wisconsin and our Wisconsin judgesweresingledoutforhonorsthisspring.JudgesMarkS.GempelerandRobertG. Mawdsley, both have. He’s politetotheparties that Ithinkatrialjudgeshould ideal judge.Hehasthequalities him thewelldeservedhonor. courtroom demeanorearned professionalism andrespectful Mawdsley’s legalknowledge, nominated Mawsdsley, said committeethat ABOTA the lawyers,”Endsaid.“Heis to thecase,jurorsand “In myopinion,he’s justthe Wells is‘LifetimeJurist’ Dane County;Peter G. Pappas,LaCrosseCounty; Patrick T. Robert A. Haase, Winnebago County;P. CharlesJones, Dahlberg, RockCounty;MarkJ.Farnum, and Packers. which includebiking,hiking,tennis, golf,andtheBadgers had goodhealthandtheenergy topursuetheirhobbies- wife wantedtoleavefull-timeemploymentwhiletheystill was “givingupajobIlovetodo.”But,hesaid,andhis great judge.” Bench BarCommittee.“Heexemplifiesthequalitiesofa community,” said Atty. DanielM.Floeter, chairofthe contributions tothebenchandbarlocal S.C. of Hansen&Hildebrand, Susan A. Hansen,president was nominatedby Atty. term judicialservice. Wells provided outstanding,long- for judgeswhohave spring convention. Award attheassociation’s Bar’s Lifetime Achievement was presentedwiththeState Court from1981to2004, Milwaukee CountyCircuit Wells, who servedinthe Snyder, Waukesha County. Maxine A. White, MilwaukeeCounty;andPatrickL. Milwaukee County;GaryL.Carlson, Taylor County; John J.Perlich,LaCrosseCounty;MichaelP. Sullivan, Racine County;Harold V. Froehlich,OutagamieCounty; Thomas H.Barland,EauClaireCounty;DennisJ.Barry, national andlocallegalcommentatorsthemedia.” scholarly approachgarneredlaudatoryremarksfrom televised nationally, andJudgeGempeler’s disciplined, of formerGreenBayPackerMarkChmura. The trialwas earned accoladesforhishandlingofthesexualassaulttrial types ofcasesinhis20-yearjudicialcareer, JudgeGempeler Gempelers for15years,said,“Althoughhehashandledall When heretiredayearago, Wells acknowledgedthathe The awardisreserved Past recipientsincludecircuitcourt JudgesEdwinC. lifetime “This awardrecognizesJudge Wells’ Reserve JudgeLeeE. Past recipientsofthisawardincludecircuitcourtJudges Judge J.MacDavis,whohasbeenacolleagueof Abrahamson, JudgeLeeE.Wells. Judge MarkS.Gempeler, ChiefJusticeShirleyS. see Awards on page 4

THE THIRD BRANCH 2005 Spring 3 4

Spring Wisconsin Judicial Conference features lively presentations 2005 he 2005 Meeting of the Wisconsin Judicial THE THIRD BRANCH TConference, held in Milwaukee in April and led by co-chairs Justice Patience Drake Roggensack, Wisconsin Supreme Court, and Judge Mary M. Kuhnmuench, Milwaukee County Circuit Court, was brimming with creative and thought-provoking presentations. A few of the highlights:

The State of the Judiciary Address, presented by Chief Justice Shirley S. Abrahamson against a backdrop of historic and occasionally comic photographs, provided a modern twist on Roscoe Pound’s famous 1906 speech, “The causes of popular dissatisfaction with the administration of justice.” Abrahamson focused on the causes of popular satisfaction with the courts, praising Wisconsin judges packed the Milwaukee conference site for the first the numerous efforts of judges and court staff across the statewide meeting of judges since 2003. state who are finding cost-effective, innovative ways to Kuhnmuench showed the interview subjects explaining the improve the justice system. The speech is available at meanings behind the various knickknacks in their www.wicourts.gov/about/pubs/supreme/docs/judaddress05.pdf. chambers’.

“Communicating the Value of an A presentation on local court rules, moderated by Judge Independent Judiciary” was the title of a Darryl W. Deets, Manitowoc County Circuit Court, presentation by Judge Frederic W. highlighted the sometimes radically different procedures that Fleishauer, Portage County Circuit different counties use for similar cases. Atty. Robert L. Court. Fleishauer discussed recent Jaskulski of Habush, Habush & Rottier in Milwaukee attacks on judicial independence and compared the local rules of two large, urban counties to attempts to reign in judges who make show that the procedures for handling minor settlements are decisions with which members of other totally different. Atty. Tracey A. Wood of Van Wagner & branches of government might not agree. Wood in Madison “presented some of the most absurd and “To communicate the value of out of date local court rules she could find, such as ladies something, we must understand it appearing in court could only wear dresses, no slacks, and ourselves,” he said, giving a history would be addressed only as ‘Ms.’,” Deets reported. lesson wrapped in a review of current “Another rule described the exact way that court would be events. The speech is available at opened, two gavel strikes, Oye, Oye, Oye, and another gavel www.wicourts.gov/about/pubs/circuit/ strike … like a Three Stooges or Monty Python movie,” he Judge Frederic W. Fleishauer delivers a docs/fleishauerspeech05.pdf. powerful message about judicial said. While there is humor in the outdated rules, Deets independence at the annual Meeting of emphasized that some of the local rules that are enforced A video by Judge Mary M. Kuhnmuench, the Wisconsin Judicial Conference. can cause substantial practical problems for attorneys with the conference co-chair, featured multi-county practices. “Maybe it is time that a committee conversations with several judges designed to illuminate of the chief judges draft some model local rules for what is rewarding and challenging about the job. The video discussion,” he said. “At a minimum, it is time to clean out was thoughtful but also very funny, especially when the closets.”

AWARDS continued from page 3

Sheedy, Milwaukee County; Patrick L. Snyder, Waukesha advancing the quality of justice in County; and Supreme Court Justice Myron L. Gordon. Wisconsin. Gartzke was elected to the Gartzke wins Loeb Award Court of Appeals when that court The State Bar Senior Lawyers Division presented retired was established in 1978. He served Judge Paul C. Gartzke with its Leonard L. Loeb Award at its for 18 years, retiring in 1996 and Members Recognition Luncheon in May. becoming a reserve judge. He The award is named for the former bar president who served in that capacity until 2000, was instrumental in establishing the Senior Lawyers helping out at the Court of Appeals Division. It recognizes a senior lawyer (age 60 or older) as well as in Small Claims Court who has improved the legal system and shown leadership in in Dane County. Judge Paul C. Gartzke Weighted caseloadstudywillinvolve judge every representatives fromeverybranchofstateandfederal Security in Washington, D.C.,whichdrewmorethan125 April, IattendedtheNationalSummitonCourtSafetyand and toimprovesecurityrequiresacollaborativeapproach.In reality thatinadequatecourtsecurityiseveryone’s concern ongoing endeavor. These tragiceventsalsohighlighted the demonstrated, improvingthesecurityofourcourtsisan program becameamodelforjurisdictionsaroundthenation. procedural improvementstocourthousesafety. In2003,our on increasedsecurityawarenessandsimple,low-cost employees andsecuritypersonnelaroundthestate,focusing Program. Through thisprogram,wehavetrainedcourt program calledthe Wisconsin CourthouseSecurity Training Technical Collegetobuildanationalaward-winning Association, theU.S.MarshalsService,andFox Valley partnership withthe Wisconsin Sheriffs andDeputySheriffs with DirectorofState Courts A. John Voelker inthelead,a courthouses and,in2001,Iamproudtosaythatwecreated, been workingsincethattimetoimprovethesafetyofour Court establishedstandardsforcourthousesecurity. We have decadeago,inJune1995,the Wisconsin Supreme tricky. A litigants, witnesses,courtstaff, jurors,andjudgescanbe while maintaininganenvironmentthatissafeforvisitors, C Chair, BoardofDirectors,NationalCenterforState Courts President, ConferenceofChiefJustices by ChiefJusticeShirleyS. Abrahamson securityisajobfor usall Improving courthouse relied uponsample datagatheredfromafewcourts rather a fewweaknesses thatthisstudyshouldremedy. First,they circuit courts. the judicialtimeneededtoprocess thecasesfiledin every judgeinthestate-through aformulathatmeasures data throughoutthemonthofOctober –withthehelpof National CenterforState Courts(NCSC),willgatherthat weighted caseloadstudy, whichwillbeconductedbythe and untilithasgatheredsoliddatatoshowtheneed. The 3. By2008,ifcurrentcasefilingtrendscontinue(andthere 2. GiventheLegislature’s timelineforhandlingsuch 1. The numberofjudgesinthe Wisconsin courtsystemhas facts toshare: state, ChiefJudgeMichaelN.Nowakowskihasafewhard ever suchstudytoincludedatafromeveryjudgeinthe A But aseventsin Atlanta, Chicago,andConnecticuthave 1999. processing 150,000morecasesperyearthantheydidin is noreasontobelievetheywon’t), thecourtswillbe could beaddedis2008. requests, theearliestpossibleyearwhenajudgeship not changedsince1999. The courtsystemcannotaskforadditionaljudgesunless In thepast,weighted caseloadstudieshavesuffered from justice system.Ensuringpublicaccesstothecourts ourthouse securityhaslongbeenaconcernforthe first weightedcaseloadstudyinadecade,andthefirst- s judgesbegintrainingthisspringtoparticipateinthe Initial suggestionsemerging from the workgroupsare: expected inthefall. reportontheirrecommendationsis electronically. A convened inthreeworkinggroups,whichcontinuetomeet courts faceinenhancingsecurity. Summitparticipantsthen breaches andfocusedonspecialchallenges have experiencedthreatsorsecurity discussions withcourtprofessionalswho strategies toaddresstheneeds. continuing securityneeds,andrecommend existing courtsecuritytools,discuss Justice, wasconvenedtoidentifyandassess through agrantbytheU.S.Departmentof Association(NSA) National Sheriffs’ Center forState Courts(NCSC)andthe effort oncourtsecurityinthestatecourts. nation’s statecourts. This isthefirstsuchcollaborative realistic plantoimprovethesafetyandsecurityofour governments toworktogetherdevelopacomprehensive, in-Sentencing andW workinthepastfewyears. Those include Truth- courts’ changes inthelawthathavedramaticallyaffected the studies, thenewstudywilltakeintoaccountsomekey complexity ofpost-judgmentmotions. reflect themassiveincreaseinnumberand judgment activitieswereminimal. The newweightswill casesand theweightsforpost- for ‘uncontested’ travel requirements.Fourth,therewerenocaseweights administrativeworkand account thegrowthinjudges’ commissioners. Third, thecase weightsdidnottakeinto did nottakeintoaccounttheworkperformedbycourt than informationfromallcourtsinthestate.Second,they final reportiscompleted in August 2006. conclusions –offering arealitycheckofsorts–before the looking ataparticularcasetype, willreacttothestudy’s working withtheNCSC. Then, fiveexpertgroups,each weights willbemadeavailableto anadvisorycommittee online. After thedataarecollected,adraftofcase will berelativelypainlessasthe surveyscanbecompleted participate inthestudyandemphasizes thatparticipation Subcommittee. Heisworkingtoensurethatalljudges Workload Court, ischairoftheChiefJudges’ must becompletedforallprotectiveplacements). The one-daysummitfeaturedpanel The summit,hostedbytheNational In additiontoremedyingtheweaknessesofpast Nowakowski, whositsinDaneCountyCircuit all stakeholdergroups. Reporting Databasetoprovidecriticalinformation Create aNational Threat Assessment andIncident see atts Courthouse Security reviews (annualthat Shirley S. Abrahamson Chief Justice on page 22 Michael N.Nowakowski Chief Judge

THE THIRD BRANCH 2005 Spring 5 6

Spring LEADERSHIP 2005 Dane County judge leaves his mark on Drug Court THE THIRD BRANCH by Holly Noe, court information intern ane County Circuit Court Judge Stuart A. Schwartz has federal start-up grant expired, the court was able to expand Dspent nearly 10 years presiding in Dane County Drug the program to include not just drug crimes, but also drug- Court in addition to handling a docket of more traditional motivated crimes, like burglary or prostitution. cases. But as judicial rotation takes him to Juvenile Court, Over the years, Schwartz said the Dane County Drug Schwartz’s service in the court that he helped to steer is Court also has expanded its treatment programs to include coming to an end. methadone detoxification, acupuncture, and alternative “The value of Judge Schwartz’s leadership on this methods of alleviating the pain that leads some to project is impossible to overstate,” said Judge Sarah B. prescription drug abuse. As for whether the program will O’Brien, who is moving into the Drug Court slot. “The continue to grow, “That’s directly related to the budget.” difference he has made through his hard work and Schwartz said that cuts over the past two years have created dedication to the Drug Court has improved our community massive delays and waiting lists, both for admission into the immeasurably and has given new hope to people who might program and for treatment. “In the judicial branch, we see otherwise have been lost forever.” on a daily basis the kind of human despair that comes into The Drug Court Advisory Committee, along with judges our system, while in the other two branches of government, and court staff, surprised Schwartz with a Drug Court they read about it. They don’t have a visceral feel for it,” farewell party in the Dane County Courthouse this spring. Schwartz said. “So they make a decision that a drug court is Schwartz said he would miss the Drug Court assignment. “It going to cost ‘x’ number of dollars, and we don’t have ‘x’ has been totally and completely rewarding,” he said. number of dollars. And they never stop to think it is costing “Outside of perhaps an adoption, I can’t think of anything the community ‘x-plus’ in terms of police services, that has brought greater personal satisfaction than watching emergency medical services, loss of tax-paying capability - a Drug Court graduation, where families that had been a whole series of social-related issues. previously ripped asunder gather together.” “Depending on the study you look at, for every dollar First elected to the bench in 1992, Schwartz has been spent on a drug court, you save four to seven not utilizing involved with the Drug Court from the planning stage. The other forms of community services,” Schwartz said. court started as a pilot project in 1995 with Judge Jack F. The defendants who come through the Dane County Drug Aulik at the helm and began operating in 1996 under a Court are difficult to label. Schwartz said they come from federal grant. It was the first in the state and has been a all walks of life and are also more representative of model for several other counties. everyday America than many might think. Schwartz said Drug Court programs offer defendants referred by the most have addictions and mental health issues that need to district attorney the chance to receive treatment and possibly be addressed, but that’s often where the similarities end. reduce or eliminate their sentences if the rehabilitation is “Almost all of them have an interesting story to tell,” completed successfully. The crimes generally must be non- Schwartz said, “and while there are certain defendants that violent and related to drug abuse; in Dane County, after the stand out in my mind, it’s not because they had a particularly interesting story to tell as they entered the Drug Court; it’s because they have a particularly interesting story to tell as they’ve left the Drug Court.” For instance, Schwartz recalled presiding over the wedding of a couple who met in their Drug Court treatment program. Schwartz said he has also had several participants and their family members visit his office years after completing the program, or send letters and cards with thanks. “I will miss the people, the treatment personnel, as well as the participants in the program. You reach people differently in a traditional setting than you do in a drug court environment, and I think I will miss that,” Schwartz said, adding that his experiences in Drug Court have helped him better approach other cases he handles by teaching him more about the impact of addictive behaviors, mental health Judge Stuart A. Schwartz says farewell to his Drug Court assignment with a issues, and interpersonal dynamics in all sorts of court celebration that included all the people who make the court work. Pictured are (from situations. left): Atty. Dorothea C. “Dee Dee” Watson of the State Public Defender’s Madison “I think all of that tends to make you a better judge, a office; Darlene Schwartz (judge’s wife); Judge Stuart A. Schwartz; Court Clerk more insightful judge, and I think it makes you a more Dawn Duff; Judicial Assistant Jody Gold; Drug Court Coordinator Lila Schmidt; empathetic judge,” Schwartz said. “You are more aware of Assistant District Atty. Kenneth M. Farmer; Court Reporter Pat Burnard (behind bench); Dane County District Atty. Brian Blanchard; Probation/Parole Officer Marilyn how your decision will impact beyond the immediacy of just S. Zurbuchen; and Elizabeth Folco, a member of the Drug Court staff. the issue that is in front of you.” available now forms plain-English Thirty-four number of straightforward instructionscomesinresponsetotherising this spring. The developmentofclearerformsandmore approved andisbeingtestedinthree Wisconsin counties T developed inthefuture. also forsmallclaimsandprobateformsthatwillbe paving thewaynotonlyforthisbatchofdivorceforms,but Court unanimouslyapprovedthispetitioninmid-April, mandate, formsforself-representedlitigants. The Supreme that wouldpermittheRMCtoreviewandapprove,butnot Management Committee(RMC)askingforaruleschange hurdle wasapetitiontotheSupremeCourtbyRecords focusing ontheprojectformorethanayear. The final They willstillneedtobefiledinhardcopy. to fillouttheformsonlineratherthanprintingthemfirst. that aforms“wizard”willbecompleted,allowinglitigants specific checklists.Bytheendofyear, itisanticipated system Web site,www.wicourts.gov, alongwiththecounty- forms willbemadeavailabletoalllitigantsonthecourt specific instructionsandchecklists.Laterthisspring,the across thestateareusingatemplatetodevelopcounty- forms throughtheirrespectiveself-helpprograms. Dane, Milwaukee,and Waukesha countiesarepilotingthe court andmustbeacceptedineverystatecourt.Currently, divorce formsavailableintheoffices oftheclerkscircuit a divorceafteroneyear. These formswillbetheonly the oneexceptionisaformtoconvertlegalseparationinto have tolookatthe numbers,that’s who’s doingthe batteringinour on malebatterers. Georgeson dismissedthat criticism.“We simply for hisideasand hasbeenaccusedofgenderbias becauseofhisfocus of Emerge, aprogramforabusivemen,hassparkedsomecontroversy at the Waukesha CountyCourthousein April. Association members ofthe Wisconsin JudicialCourtCommissioners’ violence andfamilyissues,tospeak viavideoconferenceto45 this end,Georgeson invitedLundyBancroft,aspecialistindomestic who frequentlyhandlebailandinjunctionhearingsinthesecases. To a waythatwillstoptheabuseistoppriorityforcourtcommissioners consequences forhisactions.” mentally ill. And Iunderstandthatheneedsspecificanddirect mistreat hisspouseorsignificantother. Iunderstandthathe’s not learned behavior. Ialsounderstandthathebelieveshe’s entitledto court,” Georgeson said.“IthinkInowclearlyunderstandthisis good appearanceinpublicsettings,andistryingtomanipulatethe share somecharacteristicsthatGeorgeson haslearnedtospot. partners. These defendantscannot beneatlycategorized,buttheydo the bench.Manyofthemhavebeenmenwhoarebatteringtheir W by HollyNoe,courtinformationintern orders incourt Waukesha looksto“tightentheholes” All exceptoneofthe34formsarefordivorcematters; The workinggroupthatcreatedtheformshasbeen While theformsarebeingtested,clerksofcircuitcourt To movefromunderstandingthebatterer’s psycheto interveningin Bancroft, whohaswrittenseveral booksandservedasco-director “I oftenseeabattererwhofunctionswellinhisjob,presents a summaries designedforstatewideusehasbeen he firstbatchofplain-Englishformsandform Georgeson hasdealtwithalotofskillful liarsinher14yearson aukesha CountyJudicialCourtCommissionerLindaM. pro se litigants inthestate. Center announcestwo initiatives Resource Dane CountyLegal T dane.com/juvenilecourt/pdf/jc_resource_booklet.pdf. Center. Clerk ofCircuitCourtsOffice, andtheLegalResource The bookletwasacollaborationamongthejuvenilecourt, asked questions,alistofsuggestedreadings,and Web links. and protectiveservices,providesanswerstofrequently covers delinquency, termination ofparentalrights,adoption, Dane CountyJuvenileCourtResourceBooklet,which contact [email protected]. Legal ResourceCenterwiththeproject. school, the Wisconsin State LawLibraryisassistingthe year. Inadditiontothecountybarassociationandlaw available onlineandisexpectedtobelaunchedlaterthis be added. LawSchoolstudents,asubjectindexwill assistance ofUW indexed byjudge/branchandstatute. This summer, withthe binders attheDaneCountyLegalResourceCenterandare project hadamassedabout90decisions. from amonghis/herowndecisions.ByearlyMay, the have chosentoparticipate.Eachjudgemakesselections makesavailable selecteddecisionsofthejudgeswho LDAP been undertakenwiththeDaneCountyBar Association. is calledtheLocalDecision Access Project(LDAP)andhas decisions fromthecircuitcourtsavailabletopublic. Booklet andannouncedanewprogramtomakeselected unveiled anewDaneCountyJuvenileCourtResource Also thisspring,theLegalResourceCenterunveiled The bookletisavailableonlineat:www.countyof To viewthedecisiondepository, visittheDCLRCor The project’s secondphasewillmakethedecisions The decisionsarearrangedbycourtbranchnumberin The projecttoimproveaccesscircuitcourtdecisions located inMadison’s City-CountyBuilding,has he DaneCountyLegalResourceCenter(DCLRC), in America Atty. Vince P. Megna,author of“ who discusseddecision-making stylesandstrategies, and Waukesha Judge RobertG. Mawdsley, deanofthe Wisconsin JudicialCollege, Center. Georgeson obtainedthroughthe Women’s U.S. JusticeDepartmentgrant,which additional skillstodealwiththeirissues.” We seethesefolksdaily, sowewerelookingfor how tohandleangrybatterersinthecourtroom. behavior. We werelookingtogetinformationon but dealwiththeirskillfullyingandescalating to treattheseindividualsnotjustascriminals, and specificorders,”Georgeson said.“Andalso tighten theholesincourtorderswitheffective together aprogramforthecourtcommissioners. speaker ayearago.Shedecidedthenthatshewouldworktoput the Women’s Centerin Waukesha Countyhostedhimasafeatured men thatkillwomen.I’mjustdealingwithreality, andsoishe.” society,” shesaid.“Thenumbers showusthatit’s menthat batter, and Other featuredspeakerswere Waukesha CountyCircuitCourt Bancroft’s speechwaspartlyfundedbya “One ofthemajorareaswashowwecan Georgeson firstsawBancroft,who isbasedinMassachusetts,when .” Bring onGoliath: LemonLawJustice Lundy Bancroft

THE THIRD BRANCH 2005 Spring 7 8

Spring ELECTION 2005 2005 Voters choose seven new judges THE THIRD BRANCH isconsin voters chose seven new judges and backed two of the three incumbents who faced challenges in April. One Wincumbent – a recent appointee in Outagamie County – lost his seat. Thirty-three incumbent judges were re-elected without opposition. Niess wins handily in Dane County away from any issues or any Judge Richard G. Niess, appointed to Branch 9 of the cases.” Dane County Circuit Court to replace Judge Gerald C. The family of a man who was Nichol, won election to the post with about three-quarters of fatally shot by police in a the vote. His challenger was Atty. Koua C. Vang of the Vang November 2004 traffic stop waged Freedom Firm in Madison. Vang’s battle with clinical a campaign against Jambois, who depression and his recent public reprimand by the angered them by concluding that state Supreme Court were highlighted in the media the officers had acted during the race. appropriately. Appointed to the bench last November, Niess Milisauskas, a highly respected brought to the job a wealth of experience in civil private practitioner who has Judge Anthony G. “Tony” litigation and appellate work. Just weeks after his worked for four years as a court Milisauskas appointment, he presided in the high-profile commissioner and for 14 years sentencing of a 76-year-old woman charged with as an assistant corporation counsel, graduated from John killing a popular Lutheran minister in a hit-and-run Marshall Law School in 1983. He built a grassroots accident. He declined to incarcerate the woman, and campaign with the help of his family, high school friends, Judge his sentence was widely discussed, pilloried, and and members of his church. RIchard G. Niess lauded in the press. Married and the father of five children, Milisauskas is an A 1975 graduate of Dartmouth College, Niess earned his active member of the community. He coaches Little League law degree from Duke University School of Law in 1978 and Christian Youth Organization basketball, and and joined the Madison law firm currently known as Coyne, participates in Boy Scouts and Kiwanis. Niess, Schultz, Becker & Bauer, where he practiced until his appointment to the bench. He also has served as a special Court commissioner replaces longtime investigator for the Office of Lawyer Regulation. Antigo judge The race to succeed longtime Langlade County Circuit McMonigal is re-elected in Green Lake Court Judge James P. Jansen, who died at age 60 in January Judge William M. “Mike” McMonigal, who has served after serving nearly 25 years as the county’s only judge, set on the bench in Green Lake County since 1992, won two well-respected local attorneys re-election by 82 votes in April. Challenging against each other. Antigo Atty. McMonigal was Berlin Atty. John B. Selsing, who Fred W. Kawalski, who has served as the county’s family court commissioner practiced law in Langlade and from 1992 until 2005. McMonigal’s decision during Forest counties for more than two the campaign not to reappoint Selsing to the court decades, took 57 percent of the commissioner slot caused a stir and heightened vote in a race against Atty. Jerry interest in the judicial race. D. McCormack. After the election, In addition to serving in a one-judge county, Gov. Jim Doyle appointed McMonigal is the longtime vice-chair of the Supreme Kawalski to fill the vacancy. He Court’s Planning and Policy Advisory Committee was sworn in on June 3. Judge Fred W. Kawalski Judge William M. “Mike” (PPAC), which advises the court system on a variety Kawalski is a 1973 graduate McMonigal of key issues. of Loyola Law School. He and his wife, Mary Jo, moved to Antigo in 1986. From 1990 until his appointment as judge, Milisauskas is new judge in Kawalski served as a family court commissioner. He also Kenosha County served for nearly 25 years as corporation counsel for Forest The race to succeed Judge Michael S. Fisher in Branch 4 County, a part-time job that became full-time with the of the Kenosha County Circuit Court set District Atty. county’s involvement in legal battles over the proposed Robert J. Jambois against Atty. Anthony G. “Tony” Crandon mine. Milisauskas, a circuit court commissioner and municipal court judge. Voters chose Milisauskas by a comfortable Open seat attracts just one candidate margin. Atty. Jerome L. Fox, who ran unopposed in the April Jambois, who has been the county’s district attorney for election, will succeed Judge Fred H. Hazlewood in Branch 3 16 years, was the more recognizable candidate in the race, of the Manitowoc County Circuit Court. Hazlewood is but he was quoted in the Kenosha News as saying that his retiring after 25 years of service, including four elected high profile may have worked against him. “It could be just terms. the way I’ve done my job,” Jambois said. “I’ve never shied see Election 2005 on page 9 chemistry fromMarquette Universityin1983,his lawdegree Preliminary Review Panel. regulation system,whereheserved aschairoftheSpecial Swietlik. section attheMilwaukeelawfirm ofKasdorf,Lewis& law. Priortohisappointment,hewaschairofthehealthlaw October 2004,hasawealthofexperience intheareaofhealth Mediation Panelsfor12years. Administrative Oversight,andamemberoftheMedical years, amemberoftheOffice ofLawyerRegulationBoard He wasamemberoftheState BarBoardofGovernorsforfour adult children,CatherineandNorah. on adistrictcommitteewithinthelawyerregulationsystem. Legislative OversightCommittee;ontheJudicialCouncil;and Board ofGovernors,ProfessionalEthicsCommittee,and volunteer inthelegalfield.HehasservedonState Bar Paul R.Van Grunsven Judge Judge DennisR.Cimpl Jerome L.Fox Judge-elect ELECTION 2005 Van Grunsven receivedhisbachelor’s degree inbiologyand Like Cimpl, Van Grunsven volunteeredwithinthelawyer Judge PaulR. Van Grunsven,whowasappointedin Cimpl’s lawcareerhasincludedsubstantialvolunteerwork. Fox andhiswife,Gail,livein Two Rivers. They havetwo Milwaukee County elected in Cimpl, Van Grunsven 32 yearsonthebench( McCormick, whoretiredlastfallafter Cimpl succeedsJudgeJohnE. judgeships inMilwaukeeCounty. unopposed intheirrespectivebidsfor appointee PaulR. Van Grunsvenwere Dennis R.Cimplandgubernatorial to that,emphasizingcriminaland Milwaukee Countyfor20yearsprior judge, andhepracticedlawin decade precedinghiselectionas Circuit Courtcommissionerfora worked asaMilwaukeeCounty could beginworkimmediately. Cimpl the dayafterelectionsothathe who nowsitsontheSupremeCourt. then workedbrieflyinprivate the LegislativeReferenceBureau.He School, Foxbeganhislawcareerat & Stangl in Two Rivers. he hasbeenapartnerin Winter, Fox for morethan20years.Since1972, commissioner inManitowocCounty and hasservedasacourt of MarquetteLawSchool. juvenile work.Heisa1975graduate replaces JusticeLouisB.ButlerJr., Branch, current firm. practice inChiltonbeforejoininghis 98gaut fteU Law 1968graduateoftheUW A Longtime CourtCommissioner Gov. JimDoyleappointed Cimpl Fox haspracticedlawfor30years Fox alsohasbeenanactive continued frompage 8 fall 2004 ), and Van Grunsven see The Third Wisconsin’s firstJudge Oconto Countybenchwillinclude laws inhealthlawfromDePaulUniversityLawSchool. from MarquetteLawSchoolin1986,andamasterof has practicedlawintheareaformorethan30years, fall 2004 serving twotermsinBranch1( Larry L.Jeske,whoissteppingdowninJulyafter I interest invasectomies. Texas namedDr. RichardChopp whose Web sitepromoteshisspecial Kamerman, adentistinFloridanamed Dr. RickRootanda urologist in freelance televisioncameraman in Los Angeles named Trent newest judges,butthere’s nodenyingtheentertainmentvalue ofa may ornothaveplayedarole inthecareersof Wisconsin’s two with apolicedepartmentthanthose withnameslikeJamieorSandy. like HankorRonweremorelikelytogetsecondinterviewsfor a job succeed inthosejobs.Forinstance,applicantswith“masculine” names fitting thegendersassociatedwiththeirdesiredpositionsmorelikely to Psychology expectations, andevaluations.Onestudyinthe many scholarsargue thatnameshaveanimpactoncareerperformance, determinism,” thatnamesactuallycanbedeterminativeofcareers, and phenomenon. Somehavepositedatheoryof“nominative Hospitalwhospecializesintransplants. UW a brokenheart,dialDr. Love–Dr. RobertB.Love,aheartsurgeon at might tryDr. Copeland(Travis B.)orDr. Cunning(LindaK.). To mend adventurous, Dr. Bonebrake(F. Clint). Those seekingpsychiatriccare visit Dr. Docter(Timothy J.),Dr. Kramper(Edward)or, forthemore inordinately commoninmedicine.Forinstance,Madison,onecan and runningamediationservice. the NotreDameLawSchool,worksinCaliforniacounselinglawyers chambers byamailbomb.Judge William D.Lawless,formerdeanof State SuperiorCourtJudge JamesLawless,whowasassassinatedinhis scholarship trustcalledtheLawlessFund,establishedinmemoryof relatively commoninaptronym. Washington State hasalaw student Manila, JaimeCardinalSin.Inthelegaldomain,JudgeLawlessisa well arecalledinaptronyms,likethatoftheformerarchbishop occupation: they’recalledaptronyms.Namesthatdonotfitparticularly [here in Wisconsin, wehaveJusticeCrooks(N.Patrick)]. example] andnamesthatstandoutbecauseoftheirironyorhumor wildly appropriatenames[JudgeMent(Aaron)ofConnecticut,for good company. Across thenation,therearepeopleon benchwith Buffalo/Pepin counties. Judge JamesDuvall,whowasrecentlyappointedtothebenchin serve thebenchinOcontoCountyCircuitCourt. And comingsoonis Oconto Atty. Michael T. Judgewillreplace by HollyNoe,courtinformationintern thenamefits… If Michael T. Judge,anOcontoattorney, waselectedon April 5to t’s notamisprint– Wisconsin nowhasitsfirstJudgeJudge. wholefieldofstudyhassprunguparoundtheaptronym A There isactuallyatermfornameslikethesethatfitperson’s With namesoddlybefittingtheirprofessions,thesejudgesarein Some maydismissthetheoryof nominativedeterminism,which Fitting monikersareparticularlywelldocumentedandseem ). Judgedefeated Atty. John A. Muraski,who found thatemployersdeemedjobapplicantswithnames see Election 2005 see The Third Branch, The Third on page 10 Journal ofSocial

THE THIRD BRANCH 2005 Spring 9 10

Spring ELECTION 2005 continued from page 9 2005

THE THIRD BRANCH with 73 percent of the vote in the April election. School. He served for 12 years as the county’s district Like his opponent, Judge is a longtime attorney; and worked for two years in private practice with lawyer. He has practiced in Oconto County for Kasdorf, Lewis and Swietlik in Milwaukee, and for one year 32 years, concentrating on family law, real at the Appleton law firm of Menn, Teetaert & Beisenstein estate, probate, and litigation work. Ltd. Judge is a 1972 graduate of Marquette Law Dutcher and his wife, Lynn, have two children, Lucas and School, from which his wife of 33 years, Clark. His interests include golf, literature, and serving as a Patricia, graduated in December. The couple’s WIAA official for football and basketball games. son Jonathan is an attorney in Chicago, their daughter Jeanne is a patent clerk with another Woldt wins full term as circuit judge Chicago law firm and their daughters Megan Judge Scott C. Woldt, appointed by Gov. Jim Doyle in and Molly are pursuing their college January to succeed the retiring Judge Robert A. Haase, Judge-elect Michael T. Judge educations. handily won election to a full term in Branch 2 in Winnebago County, taking about two-thirds of the vote. His opponent Challenger McGinnis unseats incumbent was Circuit Court Commissioner Daniel J. Bissett, who has in Appleton served for six years as a commissioner. Atty. Mark J. McGinnis defeated incumbent Judge Woldt had little time to celebrate his victory. Two weeks Bradley J. Priebe to become Outagamie County’s Branch 1 after the election, he was thrust into the national spotlight judge. Priebe was an assistant district attorney when Gov. after taking a plea in an embezzlement case involving a Jim Doyle appointed him to the bench last September. He woman who siphoned money from the union for which she succeeded Judge James T. Bayorgeon, who retired in October served as treasurer. When the victims in the case gave their after serving since 1983 (see The Third Branch, summer statements, they expressed concern that the defendant had 2004). claimed financial hardship but had held on to her four season McGinnis, an Appleton native and 1996 tickets for the Green Bay Packers. Following that disclosure, graduate of the University of Minnesota Law School, took about 66 percent of the vote. see Election 2005 on page 11 “I’m surprised at the margin, but I fully expected to win this race and I’ve said that all …The rest of the story along,” McGinnis was quoted as saying. Priebe was well respected by his colleagues Thirty-three Wisconsin judges were re-elected on the bench and endorsed by the sheriff and without opposition. They are: Justice Ann Walsh the district attorney. The Post-Crescent opined Bradley, Supreme Court; Judges Gregory A. Peterson that his past work as an assistant district and Paul B. Higginbotham, Court of Appeals; and Judge-elect attorney under Winnebago County Dist. Atty. circuit court Judges Carl Ashley, Milwaukee County; Mark J. McGinnis Joe Paulus, who is now serving time in federal Dennis J. Barry, Racine County; Patrick M. Brady, prison, might have affected his electability. McGinnis is a partner in Herrling, Clark, Hartzheim & Marathon County; Timothy G. Dugan, Milwaukee Siddall, Ltd. in Appleton, where he has worked since County; Robert A. DeChambeau, Dane County; graduating from law school, and is also an adjunct professor Frederic W. Fleishauer, Portage County; John Franke, at Fox Valley Technical College. He has served on the State Milwaukee County; Glenn H. Hartley, Lincoln Bar’s Board of Governors and as co-host of a cable TV County; Philip M. Kirk, Waupaca County; Randy R. program titled “You and the Law.” He also coaches the mock Koschnick, Jefferson County; Jeffrey A. Kremers, trial team at Appleton West High School. Milwaukee County; Gary J. Langhoff, Sheboygan McGinnis and his wife, Jennifer, live in Appleton with County; Patrick J. Madden, Iron County; Patricia D. their two children, Patrick and Maggie. His interests include McMahon, Milwaukee County; James O. Miller, running, basketball, golf, and tennis. Columbia County; Emily S. Mueller, Racine County; Peter J. Naze, Brown County; Dale T. Pasell, La Waushara County district Crosse County; Ralph M. Ramirez, Waukesha attorney is County; Frederick C. Rosa, Milwaukee County; new judge Michael J. Rosborough, Vernon County; John Siefert, Waushara County District Atty. Guy D. Milwaukee County; Maryann Sumi, Dane County; Dutcher won a race against Atty. Joan A. Mary E. Triggiano, Milwaukee County; Joseph M. Olson, a Wautoma private practitioner with 17 Troy, Outagamie County; Paul R. Van Grunsven, years’ experience, to succeed Judge Lewis R. Milwaukee County; Robert P. VanDeHey, Grant Murach, who is retiring after 12 years on the County; Eric J. Wahl, Eau Claire County; Robert J. bench (see separate story, page 14). Wirtz, Fond du Lac County; and Maxine A. White, Dutcher is a native of Wild Rose and a Milwaukee County. Judge-elect graduate of Ripon College and the UW Law Guy D. Dutcher by JudgeMelFlanagan,MilwaukeeCountyCircuitCourt toInstituteagenda compelling addition are Jurors useful forjudges: a fewgeneralthemesdevelopedthatmaybeparticularly moderated thesession. Karen E.Christenson’s court;Christensonorganized and served incasesMilwaukeeCountyCircuitCourtJudge Sentencing InstituteinRacinethisspring. The jurorshad for 100judgeswhoattendedthe2005CriminalLaw& provided arareandcompellingglimpseinsidethejuryroom The Court: Woldt questionedtheless-than-forthcomingdefendant: F The Defendant: tickets? expensive. and you’restillkeepingPackertickets,thosebabiesare husband’s outofajobandyou’rehavingfinancialstraits Judge ScottC.Woldt ELECTION 2005 h uos comments wereuniformlyenlightening,and The jurors’ assault trialsinMilwaukeeCountyduringthelastyear ive formerjurorswhoservedintwoseparatesexual be fairlyeasyfor someonetofindhimorhisfamily privacy. Onejurorwasshockedtorealizethatitwould expect themtobeabledoacompetent job. his home,hewouldn’t grabthefirstpersonhesawand made theanalogythatifheneeded newplumbingin so different fromtheirownlifeexperiences.Onejuror inadequate theyfeltevaluatingcircumstancesthatwere in theirdeliberationprocess. the attorneyswerenotparticularlyhelpfulorsignificant carried alotofweightwiththejurors. the commentsthatwhattheyheardfrombench were givenbothorallyandinwriting.Itwasclearfrom provided bythecourtandfoundithelpfulthatthey The jurorsexpressedconcernabout theirsafetyand The jurorswereunanimousinexpressinghow The jurorsindicatedthattheopeningsandclosingsof The jurorsappreciatedandreliedupontheinstructions Do youandyourhusbandstillhavethePacker I don’t thinkthatshouldhaveanythingto tickets doesyourhusband The Court: they’re myhusband’s… The Defendant: tickets? Do youstillhavethePacker do withit.Myquestionwas: you thoughtithadanythingto The Court: do withit. The Court: The Defendant: have? continued frompage 10 How manyPacker I didn’t askyouif …If your Yes, but Four. feasibility ofbeginningadrugcourtinOshkosh. delighted toreturnhisroutinebyworkingassessthe Having burnedthroughhis15minutesoffame, Woldt is anyone remotelyconnectedtothecase. of thejudge,copiestranscript,andcommentsfrom outlets wantedinterviews(which Woldt declined),pictures and numerousotherhigh-profilenewsentertainment Rush Limbaughshow, ESPN,themajorbroadcastnetworks, ring anddidnotstopforaweek.ProducersatCNN,the grudgingly gaveupthetickets, Woldt’s telephonebegan to three homegamesorgotojailfor90days. After she children’s charitythe“GoldPackage”Packerticketsfor condition, presentedherwithanotherchoice:handovertoa the wrongchoice. and taketheirmoney. That’s achoiceyoumade. You made ma’am, andyoumadeachoicetokeepthosePackertickets The Court: The Defendant: from strangerassaults, whilethejurorspresumed the non-stranger assaultsisfrequently moresignificantthanthat fabrication. that thejurorsconsideredtheseto beclearevidenceof events isquitecommonpsychologically, butitwasclear experts reportedthatfragmented memoryorjuxtapositionof impossible givennormaltraumaresponseinvictims. The to becommonsenseexpectations,butcandifficult or full andcompleterecallinthefirstreport. All oftheseseem hours laterwasconsideredmuchtooslowbyonejury),and jurors. The jurorsexpectedimmediatereporting(fourorfive this wasapparentinlisteningtotheexpectationsof victims runcountertowhatpeoplecommonlyexpect,and normal behaviorsandcopingmechanismsofsexualassault responses ofvictimsassault. Ph.D., ofUW-Eau Claire,whospokeonbehavioral discussed theneurobiologyoftrauma,andSusan Turell, who teachesattheUniversityofMassachusettsand associate professorsofpsychology:DavidLisak,Ph.D., juxtaposition withtheexcellentpresentationsfromtwo Institute. Their thoughtswere particularlyinterestingin non-strangers, inkeepingwiththefocusofthisyear’s specific thoughtsaboutsexualassaultoffenses involving Woldt thenplacedthedefendantonprobationand,asa “I’ve neverseenanythinglikethis,” Woldt said. The expertsalsoreportedthatthe traumasuffered from Lisak and Turell toldtheparticipantsthatmanyof In additiontothesegeneralobservations,thejurorsgave publicly during members usingtheidentifyinginformationheprovided But youmakechoices.It’s allaboutchoices, lotofthingsareexpensive. A voir dire . see Jurors on page 22

THE THIRD BRANCH 2005 Spring 11 12

Spring VOLUNTEERS IN THE COURTS 2005

THE THIRD BRANCH Volunteers helping inmates and their families

young man living in Milwaukee is babysitting two Community Connections also works to create a positive Ayoung children when one boy finds the man’s gun atmosphere for the inmates’ families when they come to hidden between two mattresses. The boy accidentally shoots visit at OCI and provide children’s activities to facilitate the other boy, killing him. interaction between inmates and their children. There are The young man, who is full of remorse, is sentenced to approximately 25 volunteers working with the more than five years in prison. He has a 4-year-old daughter who 600 inmates at OCI in this program. The volunteers have cannot visit and he is losing touch with her. He is depressed diverse backgrounds, and include professors, social workers, and does not know where to turn. and students from Edgewood College, UW-Madison, and Community Connections, spearheaded by Dick Verhagen UW-Whitewater. when he was warden at Oakhill Correctional Institution Volunteers are needed for creating visiting room (OCI) and Volunteer Coordinator Donna Mahr, was created activities, teaching classes, acting as a resource for the to help inmates such as this young man. The volunteer children and their families, mentoring, and more. Volunteers program provides inmates with emotional support, gives choose the number of hours they will work; current them positive ways to interact with their families, including volunteers work anywhere from two to 12 hours per week. instruction on how to read, and readies them to return to the They must be at least 18 years old, participate in a two-hour community before being released from OCI, a minimum- orientation provided by OCI, and pass a background check. security prison for men in Oregon, Wis. Volunteers also help by assisting inmates who are The young man took advantage of the many programs nearing their release dates with research on topics such as offered through Community Connections and was able to housing to facilitate their smooth reintegration into the get to know most of the volunteers and community. Volunteers who are comfortable enough to discuss his uncomfortable working directly with fears and concerns. The volunteers the inmates might choose to assist helped him understand his feelings of “He was willing to with research-related tasks. guilt and depression. “He was willing While Community Connections to learn and was very open,” said does not have a formal system for Volunteer Sarah Quinn. learn and was tracking the success of these inmates One of his favorite activities was once they are released, doctoral making videotapes to send to his very open. students from UW-Madison are daughter in Milwaukee, where he ” beginning to track participants in the always read a book and sometimes he Volunteer Sarah Quinn speaking mentoring program that was started in sang to her. Creating the tapes enabled of an inmate that benefitted from December 2004 to assist inmates him to act somewhat fatherly and to Community Connections. during the transition back to the keep in touch with her. A volunteer community. In this program, volunteer does the videotaping and the mentors stay in touch with the former videotapes are supplied through local inmates for up to 18 months after their donations. Inmates are charged $2 for release. Plans are in place to track the each tape they create. success of the constellation of other activities, classes, and Before his release from OCI, the young man, now 23, support groups with the help of UW students. took a discipline class, Parenting with Love and Logic. He Funding for the program is provided through private now lives in Milwaukee with his girlfriend and daughter. donations. “Truly, we don’t have much of a budget,” Mahr In addition to Parenting with Love and Logic, the well- said, “since we get books from garage sales and the local known and acclaimed program for effective discipline, a cable company donates their time to film and make videos variety of other classes are offered. Fatherworks, a [to send to inmates’ children], there isn’t much being spent.” parenting class where inmates discuss their relationship with The program has an inmate who does most of the secretarial their own fathers; FatheRead, a literacy class that uses work and OCI provides substantial assistance in a variety of children’s books to teach the men to read; and a class where ways. In other words, everyone contributes. the men learn how to reconnect with their families before “Our program receives tremendous support from Oakhill and after being released. Most classes run for eight weeks and Jack Rice [education coordinator],” Quinn said. “We and are offered two to four times per year. couldn’t ask for more.” The Family Center is the where inmates can attend informal classes or write letters to their families. It’s also the For more information on Community Connections or to learn heart of the program. Most of the volunteers work in the more about volunteering, contact Sarah Quinn at Family Center, helping inmates choose books to read to (608) 218-1204 or [email protected] or their children or discussing their problems. The center is visit the Web site at http://communityconnectionswi.org. open Tuesdays and Wednesdays for two hours at a time. circuit judge circuit asBuffalo/PepinDuvall appointed his wifeof26years,ShaunJudge Duvall. plays guitarandtennis,attends theaterproductionswith “spare time,”Duvallcompetesinmarathonsandtriathlons, substantial timevolunteeringinthecommunity. Inhis three children,ages21,17,and15,Duvallspends and 25yearslater,” hesaid.“It’s beenagreatplacetolive.” intended tostayaboutayear. “Andhereweare,threekids courtroom experience. When theymovedto Alma, they tiny Wisconsin communitywould givehimvaluable decided thatashortstintasanassistantdistrictattorneyin Judge, Duvalltookasamiddlenamewhentheymarried), and Ioptedtoreturnhere.” diverse experiencesthatareavailableintheupperMidwest “It wasquiteanexperience,butintheendImissed people overtheageof30.“Everythingwasnew,” hesaid. with lessthan20yearsofcaselawonthebooksandfew attorneys withinabout500miles.” Alaska wasayoungstate degree. firm convincedhimtoseekotherwaysusehislaw moved to Alaska afteraclerkshipatlarge Minneapolis law small communitycalledBethelontheBeringSea.He career inlaw Alaska, whereheworkedfortwoyearsina University ofMinnesotaLawSchool,Duvallbeganhis serves Buffalo, Jackson,Pepin,and Trempealeau counties. president andnewslettereditorforthebarassociationthat County, ownsatitleinsurance company, andservesasbar private practice,hasbeenappointedtosucceedJudgeDane been electedwithoutopposition10times)andhalf-timein which hewasappointedin1985byGov. Tony Earlandhas works half-timeasthecounty’s districtattorney(apostto Judge JamesJ.Duvall E FACES NEW Chicagoareanativeand1978graduate ofthe A In additiontohisworkingatvariousjobsandraising He andhiswife,anativeofSt. Paul(whosebirthname, In Bethel,heandhislawpartners“weretheonly Buffalo CountyDistrict Atty. JamesJudgeDuvall,who and president/soleownerofa to servingasdistrictattorney district attorneypost.Inaddition classified adforanassistant years afteransweringa has practicedlawfornearly25 the small,ruralcountywherehe effective July1. F. Morey, whois retiring corporation counselforBuffalo three-person lawfirm,heis Duvall wearsmanyhatsin forms officer andpolicy analyst officer forms Operations welcomes new Court Medical School. husband, Andrew, isafamilypracticeresidentattheUW relations fromtheUniversityof St. Thomas inSt. Paul.Her an undergraduate degreeinpoliticalscienceandpublic administration fromGannonUniversity inPennsylvaniaand in theoffice ofMinnesotaGov. Jesse Ventura. courts. Herexecutivebranchworkincludesaone-yearstint researcher forthe Administrative Office ofthePennsylvania administration andcourtpolicy,” shesaid. variety ofprojects.Iamalsointerestedincourt the combinationofresearchandplanningworkingona and efficiency ofthejudicialsysteminstateandIliked position whereIcouldhelpmakeanimpactonthequality Authority inPittsburgh whensheacceptedthejobhere. revitalization projectforthe Allegheny CountyHousing managing acommunity grant administratorand Slattengren wasworkingasa and anavowed Vikings fan, native ofthe Twin Citiessuburbs planning forthecourtsystem. A body thatconductslong-range analyst andstaff toPPAC, the Daniel Wassink asseniorpolicy Erin Slattengren,whoreplaced Court OperationsinMaywas coach, referee,andumpire. Softball League,andservesasasoftballvolleyball is presidentoftheDeerfield Athletic BoosterCluband work forthecourtsandherfull-timejobasamother, Borrud she grewupwithninebrothersandsisters.Inadditiontoher school. Sheandherhusband,Ralph,liveinDeerfieldwhere child incollege,onehighschool,andmiddle changes andcreatesnewforms. Records ManagementCommittee,whichreviewsform replaces JudyMahlkuchandwillserveasstaff tothe joining theOffice ofCourtOperationsthisspring.She and soldprintingforEconoprintStraus Printingbefore andGeneralCasualtyinsurancecompany forms forCUNA design andprintingexperiencetothejob.Shedesigned Advisory Committee(PPAC). analyst whowillserveasstaff tothePlanningandPolicy forms officer andErinSlattengrenistheseniorpolicy two newemployeesthisspring: Terri Borrudwasselectedas Also joiningtheOffice of As formsofficer, Borrudbringsanidealblendofforms- The courtsystem’s Office ofCourtOperationswelcomed Slattengren holdsamaster’s degreeinpublic Slattengren’s priorcourtexperienceincludesworkasa “I wasinterestedinthejobbecauseIfeltita Borrud attendedtheUW-Whitewater andnowhasone Erin Slattengren

THE THIRD BRANCH 2005 Spring 13 14

Spring RETIREMENTS 2005 private practitioner in Alma, to succeed Morey effective

THE THIRD BRANCH Buffalo/Pepin judge looks forward to less time in the car, more time in July 1 (see separate story, page 13). the woods As one of the three Wisconsin judges assigned to a two- ‘Social worker in black robe’ to county circuit, Dane F. Morey has spent 15 years driving the retire this summer 50-mile loop between the Buffalo County Courthouse and It’s a phrase that judges have coined to describe the remodeled county hospital that serves as the courthouse colleagues who view their role more expansively than is in Pepin County. traditional: social worker in a black robe. The moniker is Morey discussed his impending retirement, normally metaphorical – but not in the case of Judge Lewis which comes halfway through his third term, on a R. Murach, who has been Waushara County’s judge for the recent Tuesday during a break between 133 traffic past 12 years. matters and 48 criminal cases on the intake calendar Murach is, quite literally, a social worker in a black robe in Pepin County. “Tomorrow we’ll do the same - which might explain why, unlike the vast majority of thing in Buffalo County,” he said. “The corridor judges, Murach actually finds handling divorces particularly between Eau Claire and St. Croix is growing so satisfying. rapidly, and we are seeing a resultant growth in our “I also like small claims and domestic cases,” he said. “I caseload.” enjoy the interaction with a lot of different people in a lot of stressful situations, because you Judge Dane F. Morey In both Buffalo and Pepin counties, as well as in Pierce, Trempealeau, and Jackson counties, where have the opportunity to see people he frequently fills in, Morey has observed firsthand the trend who are dealing with incredibly that has made headlines around the state: the alarming difficult situations with a great increase in cases involving methamphetamine. deal of dignity and poise.” “The big kick now is moveable labs in the trunks of Murach said his social work cars,” he said. “They just stop and grab anhydrous ammonia background has been useful in a out of the farmers’ tanks.” variety of ways on the bench, Also crowding the docket are a “high volume of cases enabling him, for example, to spot involving dysfunctional families,” Morey said. “It’s very some potentially volatile people difficult and frustrating to find effective solutions in juvenile and head off trouble. Judge Lewis R. Murach cases where the parents can’t control the child.” Before he became a social Like many of his colleagues across the state, Morey worker and then a professor of social work, Murach was counts presiding in civil jury trials among the highlights of studying to be a music teacher specializing in clarinet and his judicial career. saxophone. While he loved to play, he found he did not love “I really respect and enjoy working with very skilled to listen to the squawks of beginners on woodwinds. “It kind personal injury and civil lawyers,” he said. “I think the of gave me a notion of what life would be like in the band quality of lawyers coming out of the law schools these days room for the next 50 years,” he said. “So I quit and joined is very high, probably because it’s harder and harder to get the military.” in.” After his military service, Murach went back to school As he looks forward to retirement this summer, Morey and was working as an aide in a mental hospital when he knows he will have a hard time saying goodbye to his met some social workers in a bar and discovered that he coworkers in both courthouses and his colleagues around the could earn a stipend in the master’s degree program. “And I state. All told, Morey has spent 46 years in the court system; said, ‘eureka!’ and became a social worker,” he recalled. he began his career as an assistant district attorney in Juneau Eventually, Murach earned a Ph.D. in social work and County, then was elected district attorney, and then worked worked at the University of Missouri Medical School as a in private practice as a litigator. Gov. Tommy Thompson researcher and at St. Louis University as a professor prior to appointed him to the bench in 1990. going to law school. He was elected as Waushara County’s In preparation for retirement, Morey and his wife, Ruth, only judge in 1993, filling the vacancy created when Judge a retired nurse (they met as students at the UW-Madison), Jon P. Wilcox became a Supreme Court justice. are building a new home on a quiet rural road just down In retirement, Murach intends to spend more time with from one of their daughters, a kindergarten teacher. The his wife, Patricia, and his four grown children – two sons couple’s other three daughters are an oceanographer in and two daughters. His sons are both computer Oregon, a dietician in Wausau, and a technical writer in programmers, one in Wisconsin and one in California, and Neenah. They also have six grandchildren. one of his daughters works as a sales agent for a foundry Morey envisions a retirement that includes more time while the other is a zoologist in Green Bay. with his family; frequent visits to his north woods cabin for The zoologist got her early training at home on the 60- fishing and other outdoor activities; history classes; and acre farm that the Murachs have kept for years. While they travel in the western United States. see Retirements on page 15 Gov. Jim Doyle has appointed Atty. James J. Duvall, a commissioners stepdown commissioners Two Court longtimeSupreme pigs, andan“assaultivepeacock.” critters,” Murachsaid,includingchickens,fish,pot-bellied no longerraisebeefcattle,theystillhave“allsortsof move intoajudicialrole. commute (helivesin Waukesha) andtotheopportunity Milwaukee. Hesaidhelooksforwardtotheshorter be assignedtotheSocialSecurity Administration in appointment asafederaladministrativelawjudgeandwill last yearafter25yearsofservice.Hehasaccepted in theU.S. Army Reserve.Heretiredasalieutenantcolonel 1981. DuringhistenurewiththeCourt,Pokrassalsoserved Brady inMilwaukee,hasbeenacourtcommissionersince appellate work. top-notch academiccredentialsandoftenabackgroundin Attorneys chosenasSupremeCourtcommissionershave proposed amendmentstotheSupremeCourtRules. discipline mattersandworkcloselywiththejusticeson for review. They alsoworkonattorneyandjudicial recommendations onwhichcasestheCourtshouldaccept commissioners analyzefilings,conductresearch,andmake matters relatedtopetitionsforreviewandrulemaking. The A. KoppandJulie A. Rich,advisetheCourtonavarietyof Pokrass andJosephM. Wilson, alongwithcolleaguesNancy federal administrativelawjudgeinMilwaukee. retirement whiletheotherhasacceptedappointmentasa its worksteppeddowninJune;onewillenjoyabusy write the oral argument, onbriefs,or said, “myjobwastoscreenthe appeals andtoslotthemfor creation oftheCourt Appeals in1978.“Untilthen,”he commissioners. The workchangedsubstantiallywiththe years, Wilson hasworkedfor22justicesand with ninecourt Court wasledbyChiefJusticeE.HaroldHallows.Overthe vast changesintheappellatecourts. When hewashired,the Attorney’s Office. and lawyerjudicial disciplinarycases–and anything review, bypass, orcertifications,originalactions, motions reorganization, myjobchangedtohandlingpetitionsfor Joseph M.Wilson RETIREMENTS Two ofthefourlawyerswhohelpSupremeCourtdo As theSupremeCourt’s commissioners,GregoryS. Pokrass, whocametothepositionfromQuarles& In hisyearsasacourtcommissioner, Wilson hasseen per curia for theCourt’s approval. After court per curiam Wilkie and twoyearsasan clerkship withJusticeHorace whose resumeincludeda 1972, hewasayoungattorney When Wilson tookthejobin Supreme Courtcommissioner. ever toholdthepositionof years andwasthefirstperson has servedtheCourtfor33 Milwaukee CountyDistrict assistant prosecutorinthe continued frompage 14 His colleague,Joe Wilson, disposition, andthen decades Deputy clerk’s spannedfour tenure counties thatcomprise DistrictIII. Guild, whowill handle appealsfromthe35northern more than20yearsasadeputyclerk. successor, CorneliaClark,spending serve underGraves’ Supreme Courtandof Appeals. Coxcontinuedto conversation withMarilynGraves, thenclerkofthe found whatshewaslookingfor in 1984throughacasual more timewithhertwochildren,MeredithandDavid.Cox District, Coxbegansearchingforajobthatwouldallowher take ajobasclerkoftheU.S.DistrictCourtforEastern nationally recognizedprogramfromscratch.” Branch E. HaroldHallows. begun onapilotbasisattheurging ofChiefJustice to setuptheJudicialEducationProgram,whichwas Office ofJudicialEducation. The twoworkedtogether to SofronB.Nedilsky, the firstdirectorofthestate’s soon afterhercollegegraduation.Shewasanassistant Court of Appeals, apositionshehadheldsince1984. post asadeputyclerkoftheSupremeCourtand system, Patricia A. CoxretiredonMarch31fromher Both KennedyandRunkewillbegintheirnewjobsinJune. the Milwaukeeoffice ofMichael Best&Friedrich,LLP. (headquartered in Wausau), andDavidRunke,apartnerin a formerstaff attorneyfortheCourt of Appeals, DistrictIII with histwogrownsonsandtheirfamilies. taking tapdancelessons. continue singingintheMATC CommunityShowChoir, and has beencastasDaddy Warbucks. The couplealsoplansto play attheOregonPerforming Arts Centerin August. He rehearsals forthemusicalproduction“Annie,”whichwill inside passageandwillreturnintimefor Wilson tobegin retirement. They areplanningasummercruiseof Alaska’s 10, willdabbleintheartsandtravelextensively District employeewhoselastdayonthejobwasalsoJune with overtheyears.” court employeeswhomIhavehadtheopportunitytowork “hundreds ofdedicated,hard-workingandhighlyskilled engaging.” specialized slotornichekeptthejobinterestingand multi-million-dollar verdicts,”hesaid.“Thisabsenceofany came throughthesystem,fromsmallclaimstohomicides “I havehadtheopportunitytohandleeverytypeofcasethat else theCourthaswantedmetodo.” Taking over forCoxattheClerk’s Office isSheelah When NedilskylefttheOffice ofJudicialEducationto Wilson alsolooksforwardtospendingadditionaltime Wilson andhiswife,Joyce,alongtimeMadisonSchool Wilson saidhealsowouldmisshiscolleaguesandthe Wilson saidthebestpartofjobhasbeenvariety. “We startedfromtrulynothing,”Coxtold Cox beganworkingforthecourtsonNov. 1,1971, Following morethan30yearswiththestatecourt Succeeding thetwocommissionersareColeenKennedy, in 2001.“Itwasprettyrewardingtodevelopa The Third Patricia A. Cox Patricia A.

THE THIRD BRANCH 2005 Spring 15 16

Spring WISCONSIN CONNECTS 2005

THE THIRD BRANCH Racine Drug Court team visits Bohren planned the journey, which he paid for, as a California vacation; but his curiosity about the Thai court system led Taking the second step him to contact the office of Congressman Paul Ryan, who in a three-step training put him in touch with the U.S. process, the Racine Drug Embassy in Bangkok, which Court Planning Committee runs a continuing education attended a training session program for the local judges. in Santa Ana, Calif., in The embassy expressed interest April. in restorative justice and The Racine group is diversion programs and Bohren one of four in the state (the agreed to deliver a presentation. others are in Barron, Eau “Unfortunately, I never had Claire, and Trempealeau a chance to visit an actual Counties) that won a courtroom – I spent my time national grant to help with the judges at their The Racine County Drug Court Planning Committee poses administrative building, which launch a drug- or alcohol- during a break in a U.S. Department of Justice training treatment court. Each team program in California. The team, from left, includes: District is a large complex in Bangkok,” will attend a total of nine Court Administrator Kerry M. Connelly; Social Work Supervisor Bohren said. days of training, spread Clement Knight; Atty. Diane S. Zitzner of the State Public In that complex, the Thai Defender’s Office in Racine; Assistant Racine County District government’s Judicial Training among three conferences. Atty. Louis T. Maxey Jr.; Therese Fellner, Ph.D., UW-Parkside The teams include a Research Institute; Chief Judge Gerald P. Ptacek; Therapist Institute hosts weekly training judge, a prosecutor, a Mary Jane Whitmore; and Alcohol/Drug Counselor Francie sessions, one of which Bohren public defender, a McGuire-Winkler. was able to participate in. representative of the county human services department, Along with Brian Pearce, a U.S. experts on the treatment of addiction, and court federal prosecutor and legal advisor to the U.S. Embassy, administrators. Bohren presented a 90-minute program on criminal law, diversion programs, and restorative justice to an audience of Federal courts make use of about 100 Thai judges. Wisconsin’s pro se information Bohren also met with staff The federal bankruptcy court for the Eastern District of members of Thailand’s Attorney Wisconsin is making use of the materials that the state court General’s Office who were system developed to improve service to pro se litigants. working to organize a program on Wisconsin’s guidelines for pro se litigants, and the other international law. Bohren said the information contained on the state court system’s self-help Thai government is working with page (a “should I represent myself?” quiz, links to legal the U.S. Embassy to model the research materials and forms, a primer on court decorum, Thai court system after the U.S. and much more) are now available through the federal federal court system. courts’ Web site. The Wisconsin self-help page, developed While the court systems are by Librarians Jane E. Colwin, Elaine Sharp, and Amy W. similarly structured, Bohren Judge Michael O. Bohren Crowder in partnership with Director of State Courts A. noted some key differences John Voelker, Atty. Marcia L. Vandercook of the Office of between the two. “Their discretion is more limited than Court Operations, and Court Information Officer Amanda ours,” Bohren said. “Thai judges are not elected, they’re K. Todd, is maintained by the Wisconsin State Law Library. appointed – they go through the prime minister and the king. And once appointed, they’re not restricted to a Visit the Wisconsin court system self-help page at geographic locality, but can be placed anywhere throughout www.wicourts.gov/services/public/selfhelp/index.htm. the country.” Despite the divides, Bohren was able to make some local Waukesha judge teaches in connections. He discovered one of the administrators of the Thailand judicial education program had lived in Wisconsin, and had Waukesha County Circuit Court Judge Michael O. a son who was born in Milwaukee. Bohren said he also Bohren spent two weeks in March touring Thailand, presented his daughter’s school and the country’s chief meeting with local judges and court administrators, and judge with Wisconsin flags and books about the state. He visiting his daughter, who teaches English in Sumat Prakarn hopes to return to Thailand in January. south of Bangkok. “I think the opportunity for judges to meet with other see Connects on page 17 international seminar international chosen for Flanagan Bradley, effective intheUnitedStates.” get aperspectiveonwhatwecandodifferently tobemore system operatesanditsbenefits,”Bohrensaid,“andalsoto legal system,isinvaluabletogaininsightintohowour judges, fromnotonlyadifferent countrybutadifferent Ozaukee Court CountyCircuit Swietlik Judge Walter J. Court CountyCircuit Winnebago Sarres Judge James G. year hisson Walter wasborn. The younger Swietlikenrolled of MarquetteLaw School,apostheacceptedin 1935 -the Prior totakingthebench,elder Swietlikservedasdean served onthebenchinMilwaukee Countyfrom1953-59. of pancreaticcancer. Hewas70. Schreiber appointedhim,untilFebruary 2002,died April 21 Ozaukee Countyfrom1978,when acting-Gov. Martin in 1982. Gov. GaylordNelsonappointedhimtothebench.Heretired Law Schoolin1950andpracticedlawOshkoshuntil Japanese kamikazeplane.HegraduatedfromMarquette invasion ofOkinawa,wherehisshipwasattackedbya present attheD-DayinvasionofNormandyand “He wasfullofone-liners,”Cranetoldthepaper. quickwitandsenseofcomedictiming. also recalledSarres’ an interestineveryjuvenilewhocamebeforehim.Crane friend. CranesaidSarreswasdedicatedtohisjobandtook Judge William E.Cranediscussedhisformercolleagueand Winnebago County, diedinlateFebruary. Hewas87. Bradley Walsh Justice Ann ICNI CONNECTS WISCONSIN OBITUARIES Swietlik wasthesonofJudgeFrancis X.Swietlik,who Judge Walter J.Swietlik,whoservedonthebenchin wife,Florence,surviveshim. Sarres’ Sarres servedintheNavyduring World War II,andwas In anarticleinthe Judge JamesG. Sarres,whoservedonthebenchin Oshkosh Northwestern Hague, Netherlands. International Courtsin The on InternationalLaw& first SirRichardMaySeminar U.S. judgeschosentoattendthe Circuit Court,areamong20 Flanagan, MilwaukeeCounty Walsh BradleyandJudgeMel the OpenSocietyJustice International Judicial Academy, 11-16, issponsoredbythe The seminar, slatedforSept. Supreme CourtJustice Ann continued frompage 16 , Reserve for theformer Yugoslavia. International Criminal Tribunal Criminal Court,andthe Court ofJustice,theInternational members oftheInternational jurists, includingprominent presentations byinternational consist oflecturesand Flanagan saidtheprogramwould Society ofInternationalLaw. Initiative, andthe American conference Todd onfaculty at California throughout thestate. lawyers aswelltrialandappellatejudgesfrom seminar onworkingwiththemedia. Information Officer Amanda K. Todd topresentatwo-hour in September, andhaveinvited Wisconsin Court Association willholdanhistoricjointmeetinginSanDiego grandchildren; two brothers;andtwosisters. Michael; hisdaughtersSusanBermeo andSallyPayne;nine “it gotthebestofhim.” Clinic fortreatments,“butthelast coupleweeks,”hesaid, fought bravelyagainstthedisease, travelingtotheMayo Jr., toldtheMilwaukeeJournalSentinelthathisfather diagnosed withadvancedpancreaticcancer. Hisson, Walter grandchildren, plantedasmany50treeseachyear. home, maintainedbeehives,and,withhelpfromthe Milwaukee Riverwhereheandhiswife,Barbara,builttheir family live–andtoworkonhis25acresoflandthe travel –especiallytoEcuador, wherehisdaughterandher mid-term in2002,heplannedto appointment tothebenchin1978. private practiceuntilhis Levy &Levy. Heworkedin resigned tojointhelawfirmof held foraboutadecadewhenhe full-time prosecutor, apositionhe became OzaukeeCounty’s first district attorney. At age27,he private practicebeforerunningfor working foracoupleofyearsin years afterhisfatherhadleftthedean’s post. at MarquetteLawSchoolandgraduatedin1960,justafew The conferenceisexpectedtoattractseveralthousand The CaliforniaJudicialConferenceandBar When Swietliksteppeddown Walter SwietlikbeganhislawcareerinPort Washington, Surviving Swietlikarehiswife; his sons Walter and Less thanthreeyearsafterhisretirement,Swietlikwas Judge MelFlanagan Judge Walter J.Swietlik

THE THIRD BRANCH 2005 Spring 17 18

Spring PEOPLE 2005 The Rhinelander High School Mock Trial team, under before signing the adoption papers. THE THIRD BRANCH the tutelage of longtime teacher/mock trial coach Kathy Jeff , a lieutenant with the Oneida County Sheriff’s Vick-Martini, took sixth place in the national mock trial Department, and Esther Hoffman, a state social worker, competition in Charlotte, N.C., in May. Rhinelander Attys. had been caring for A.J. as a foster child since August 2003. Mike Bloom, Jim Jacobi, Ann Munninghoff, and Jim After serving its stint as a courtroom, Cindy Rasmussen’s Weis, and Law Clerk Dan Musser assist with coaching, as Pelican Elementary School do Judge Robert A. Kinney and Reserve Judge Timothy L. classroom then hosted a party for Vocke. A.J. and his family. In addition to celebrating the stellar performance of his Judge Ramona A. Gonzalez, local mock trial team, Vocke also is preparing to walk his La Crosse County Circuit Court, daughter, Erica, down the aisle next month at her delivered this year’s Diversity Day Milwaukee wedding. “I’m full of joy about it,” he said, lecture to students at Holmen High adding that his daughter – a registered nurse at Children’s School, as reported by the La Hospital of Milwaukee – had also requested that he play Crosse Tribune. Gonzalez, a native cello and perform the ceremony. “I told her I could only do of the Dominican Republic, one of the three so she had to pick,” he said. became the state’s first non- Judge “Dare to Dream,” a story in the Eau Claire Leader- white judge elected west of Ramona A. Gonzalez Telegram, discussed a presentation in Chippewa County Madison when she won her seat elementary schools by local high schoolers dressed as on the bench in 1994. Gonzalez moved to the United States prominent Wisconsin women. The costumed teens shared as a child, and said she learned to speak English watching the stories of the people they chose to represent. “Perry Mason” on TV. Gonzalez told the students that hard Senior Emily Krahn, who told the newspaper she work can overcome barriers of class, race and gender. hopes to be an attorney someday, took on the role of “There isn’t one student in this room who could not grow up state Supreme Court Chief Justice Shirley S. to take my place as a judge,” she said. Abrahamson. “Judges helping fill local bench” headlined a story in the Winnebago County Judge Robert A. Hawley’s Antigo Daily Journal describing how area judges came courtroom became a focal point for the national news together to keep the court calendar running smoothly media during the February murder trial of Gary Hirte, following the January death of Langlade County Judge the 19-year-old former Eagle Scout convicted of James P. Jansen. Between Jansen’s death and the killing Glenn Kopitske, 37, of Fremont in August appointment of Antigo Atty. Fred W. Kawalski (whom Gov. Judge Robert A. Hawley 2003. Networks including CNN, CBS and FOX News Jim Doyle appointed following the April election so that he covered the trial, and ABC’s “Primetime Live” aired a could start early), the bench was officially vacant. Jansen’s special on the case titled “Murder in Wisconsin.” USA caseload was handled by reserve and existing judges who Today, People and Newsweek were among the publications made the trip to Langlade County on a week-to-week basis, that covered the trial. Court Administrator Scott Johnson told the Journal. Those An Associated Press story noted the work of a team who filled in included Reserve Judge Earl W. Schmidt, comprised of former State Law Librarian Marcia J. Koslov, Shawano County; Judge Larry L. Jeske, Oconto County; Taylor County Circuit Court Judge Gary L. Carlson, St. Judge Conrad A. Richards, St. Croix County; Judge Gary Croix County Circuit Court Judge Edward F. Vlack, Tera L. Carlson, Taylor County; Reserve Judge Robert A. P. Nehring of the Waukesha County Self-Help Center, and Kennedy Sr. and Judge Robert A. P. Kennedy Jr., Forest Milwaukee County Family Court Commissioner Michael J. County; Judge Mark A. Bruch to develop a set of divorce forms that will be Mangerson, Oneida County; acceptable but not mandatory statewide (see separate story, Judge J. Michael Nolan, Lincoln page 7). Carlson told the reporter that 75 percent of people County; and Reserve Judge seeking divorce in his courtroom choose to represent Raymond F. Thums, Marathon themselves, and that this effort aims to help them get it County. Jansen had served right. The forms and Web site will answer common Langlade County for more than 25 questions and guide petitioners to avoid problems that can years. He died at age 60 of cancer. frustrate litigants and court employees and waste valuable State Rep. Samantha time. Kerkman, R-Powers Lake, “Court can be anywhere the judge says,” Oneida County recently shadowed Judge Judge Barbara A. Kluka Circuit Court Judge Robert E. Kinney told a classroom full Barbara A. Kluka, Kenosha of second-graders before holding a special session to finalize County Circuit Court, as part of the Judicial Ride-Along the adoption of 7-year-old class member A.J. by Jeff and Program. Kerkman and Kluka told the Kenosha News that Esther Hoffman of Rhinelander. As reported in the Green the experience reminded both of the importance of Bay Press-Gazette, Kinney brought along court reporter communication between judges and lawmakers in crafting Jean Wood to take testimony from the Hoffmans and A.J. see People on page 19 Michael P. Sullivan Chief Judge to fivetimesper weekbythecountycourts.InColumbia Randolph, aSpanish interpreter, saidsheiscalled uponfour communities thanweeverhave before.” paper, “We’re seeing morediversityintherural Columbia CountyClerkofCourt interpreters andbudgetingtheir money accordingly. state, ColumbiaandSaukarehiring morelanguage with non-English-speakers.Like manycountiesacrossthe Columbia andSaukcountiestoimprovecommunication highlighted changesoccurringinthecircuitcourtsof “Demographic shiftspursneedformoreinterpreters” education efforts areitshallmark. Journal Sentinel videoconference. Judge having inmatesmakeinitialappearancesby 2004. Judge previously shadowedKlukain2001,andshealsoobserved better legislationandhandlinglegalissues.Kerkmanhad the court’s business,Judge $120 million. While traffic finesstilltakeupthemajorityof revenue forthecity. Since1975,ithasbroughtinmorethan Municipal Courtiscelebrating30yearsofservice–and personal attendance.”Judge hearings, wehaveandprobablystillwillinthefuture a righttoconfrontation.Sowherethereareevidentiary srights.Peoplehave possible whilestillpreservingpeople’ “I thinkgenerallyspeakingwetrytobeasefficient as minority confinementacrossallcategoriesofcrime.” pressing issueis“theterribletragedyofdisproportionate from crowdingthecourtsystem.Blanchardsaidamore probation withtreatmentforoffenders, keepsdrugusers enforcement policy,” whichfavors drugcourt,finesand Blanchard wrotethatthecounty’s “sensibledrug jail andcourtwerenotburdenedwithdrugoffenders. guest columnin in the by-case basis,”hesaid. think thisissomethingwewillhavetodealwithonacase- PEOPLE An articleinthe The Fond duLacCountyhasjoinedseveralothercountiesin Dane CountyDistrict Atty. “Jurors showupdespiteparkingwoes,”readaheadline Milwaukee JournalSentinel Mary K. Wagner Milwaukee JournalSentinel The CapitalTimes that thecourt’s communityoutreachand continued frompage 18 Portage DailyRegister Robert J. Wirtz , KenoshaCounty, inSeptember James A. Gramling James A. them tothecourthouse.Chief Freeway Flyerroutestoget expanded serviceonthree to summonedjurorsandhas state aidtomailfreebustickets County isusing$2millionin four years,soMilwaukee by jurorsforatleastthenext closed thefreeparkinglotsused Marquette Interchangehas Route 49bustoworkeveryday. the newspaperhetakes Judge ee L.Grimm Peter Brian Blanchard Susan Raimer . Constructiononthe Michael P. Sullivan arguing DaneCounty’s noted thatMilwaukee’s mrMiller Amar told titled The Reporter agreed: “I told the told the wrote a of told , offenders. Judges impact panelprogramfordrunk drivers tofirst-time funeral. Children’s Courtattended Tibahyas’ Several childwelfaresystemworkers andemployeesofthe sisters, on April 5whenMoutryadopted Tibahyas andhistwo April 22.Children’s CourtJudge adoptionmovedupfromitsscheduleddateof get Tibahyas’ his conditionworsened,socialworkerspulledtogetherto personally wenttothehospitalvisit Tibahyas. As Triggiano medical treatment.Children’s CourtJudge when hewasthreedaysold,couldnotauthorize and Moutry, whotookin Tibahyas asafosterchild ward ofthestatewhenhewashospitalizedinMarch, aggressive formofleukemia. Tibahyas waslegallya Moutry adoption of21-month-old Children’s Courtjudgesworkedtoexpeditethe Online headlined aMay15 agencies andserviceproviderstomakeimprovements. results.” The directorofChild Welfare agreedtoworkwith terrible. We areallupsetcollectively. We needtosee said, “Thestatisticsandtheresultsinalotofcasesare Donegan said.Children’s CourtJudge are allbeingirresponsibleandviolatingourduties,” families servedbythecourt.“Ifstatusquocontinues,we was quotedassayingthecurrentsystemisnotworkingfor Sentinel at aMaymeeting. As reportedinthe commissioners toldtheBureauofMilwaukeeChild Welfare County Children’s Court,agroupofjudgesandcourt on timein64percentofcaseshandledbytheMilwaukee incarceration. defenders sayitisacheaper, moreeffective alternativeto have participatedsofar, andjudges,prosecutors,public complete itmaygotoprison.Seventyjuvenileoffenders completion oftheprogram,whilethosewhodonot community service.Probationusuallyfollowssuccessful free toreceivevisitorsandleaveforschool,jobs, see therapistsandsocialworkersregularly, whiletheyare Participants spendtimeinaresidentialfacilitywherethey offenders inhalf,aswellprovidebetterresults. aims tocutthecounty’s costsofdealingwithjuvenile Milwaukee County’s FOCUSprogram,launchedin2003, League college,”the year is$68,255–morethanthecostofattendinganIvy cases. Language, withSpanishaccountingfornearly90percentof interpretation areSpanish,Polish,and American Sign County, thethreemostcommonlanguagesrequiring Dodge CountyCircuitCourthas expandeditsvictim “In hisfinaldays,hewasanorphannolonger” Services tochildrenandfamiliesarenotbeingprovided “Today, theannualcostofimprisoningajuvenilefor story. SocialworkersandMilwaukee County Sherron , ChiefChildren’s CourtJudge of Milwaukeeafter Tibahyas fellillwithan approved treatmentoverthephone,then , 7,and Andrew P. Bissonnette Milwaukee JournalSentinel Milwaukee JournalSentinel Salayia Tibahyas , 4. Tibahyas died April 15. Joseph R. Wall see by Milwaukee Journal David L.Borowski Thomas P. Donegan Shirley People , Mary E. Daniel W. on page 20 reported. presided Judge MaryE.Triggiano

THE THIRD BRANCH 2005 Spring 19 20

Spring PEOPLE continued from page 19 2005 Klossner and John R. Storck, along with Dodge County who are unhappy with what the committee is doing,’

THE THIRD BRANCH Human Services and Restorative Justice, started the program explained Prentiss. ‘But I think the fear factor is ramped up in 2004 for repeat offenders, requiring them to listen to a little more when it’s the head of the state’s judicial speakers affected by drunk driving before getting their branch.’ As for the budget item, the vote to cut didn’t driver’s licenses back. Storck said the judges believe happen. Abrahamson ended up in a sideroom “chat” with expanding the program will help reduce the number of Fitzgerald and others. When the committee reconvened, they drunk driving incidents and will, hopefully, save lives. set the proposal aside until they could get further Klossner told the Daily Citizen, “The victims have very information. And she didn’t even need her gavel.” powerful stories to tell, and it would be very difficult not to More than 150 state court staff members, family be affected by such a program.” Dodge County Court members, and friends attended the Madison Mallards Commissioner James H. Olson also plans to order the baseball game June 4. The event was organized by the program for drunk driving cases he handles. Events and Entertainment Committee, created by Director of Rusk County Circuit Court Judge Frederick A. State Courts A. John Voelker as a way for staff members to Henderson, who also handles a number of Chippewa meet and socialize with people from other departments. County cases, has recused himself from all cases in From the tailgate party to a ceremonial first pitch by Chief which Chippewa County Corporation Counsel James Justice Shirley S. Abrahamson to the human cannonball B. Sherman is representing a party, reported The after the game, all had a good time. Chippewa Herald. The newspaper reported that Henderson expressed concern about remarks he considered to be “disrespectful [and] sarcastic” and Judge concluded that he could not be impartial in cases Frederick A. Henderson involving Sherman. “Life is too short,” Henderson wrote. “I recuse myself.” District Court Administrator Gregg Moore said Henderson’s move is unusual but not unheard of, that his decision is in line with a judge’s ethical responsibility to be impartial, and that it will not be difficult for the court system to accommodate the situation. Milwaukee County Circuit Court Judge John Siefert called it a “positive” that the majority of attorneys responding to a Milwaukee Bar Association poll on judges either called him unqualified or gave no opinion, according to the Milwaukee Journal Sentinel. Siefert said the numbers reflect his independence, and that he doesn’t put much stock in the poll. Of the 575 responding attorneys, 121 described Siefert as qualified, 206 described him as unqualified and 221 checked “no opinion.” No other Milwaukee County Circuit Court judge had a similar result. Siefert was elected to the circuit court in 1999 after serving as a municipal judge, county treasurer and police officer in Milwaukee, and ran unopposed in April’s election. This from the Wispolitics.com blog: “For those following Above: Chief Justice Shirley S. Abrahamson throws one of the budget process, the Legislature’s Joint Finance the ceremonial balls during the Madison Mallards baseball Committee was debating the state Supreme Court’s budget, game that court staff attended in June. Below: Court staff and was close to cutting a $100,000 expenditure related to enjoying the Mallards game. court interpreters. As the conversation moved toward a vote, Chief Justice Shirley S. Abrahamson walked in, giving the committee an intimidating, stony-faced stare, and took a seat in the front row of the gallery. Murmurs rippled through the crowd. The last person to glance up and take note of the new guest was committee co-chair Sen. Scott Fitzgerald, R- Juneau, who looked straight at Abrahamson and uttered, ‘Oh sh--’ into his live microphone. Fitzgerald’s spokesman Mike Prentiss, when contacted afterward, made a heroic attempt to defend his boss: ‘Will you believe it if I tell you he said, ‘Oh shhh ... it is Shirley,’ but that last part got cut off by a microphone malfunction?’ He gets points for creative spin. Now for the real comment: ‘We’re used to seeing people Office. Andrew J.Pyatskowit,OneidaLaw Nelson, St. CroixCounty;and Atty. Services; RegisterinProbateEricka Division ofChildrenandFamily Hobbs andMarkMitchell, Wisconsin Dane CountyCircuitCourt;Harry Draper; JudgeShelleyJ.Gaylord, Court CommissionerLindseyD. Richard Chiapete,Racine;Milwaukee Crosse; DeputyDistrict Atty. W. Administrator PatrickBrummond,La tion Programs;DistrictSevenCourt Brooks, ConsolidatedCourt Automa- Customer ServicesManagerRobbie Committee membersinclude: and operationoftheproject. April, willguidetheimplementation Advisory Committee,establishedin execution ofthereviews. The CCI and courtstaff inthepreparationand district courtadministrators,judges, county andstatewide. of thechildwelfaresystemineach yield amorecompleteunderstanding Conducting thereviewstogetherwill groups topreventduplication. together ontheinterviewsandfocus groups; CCIandCQIstaff willwork general stakeholderinterviewsorfocus are reviewing.CQIwillalsoconduct parents aboutthespecificcasesthey caseworkers, parents,andfoster [email protected]. (608) 266-1557ormichelle.jensen- Michelle JensenGoodwinat [email protected], or Bauman at(608)267-1958or Initiative maybedirectedtoBridget Questions abouttheChildren’s Court CCI Budget CCI willworkcloselywiththe exclude fromconsideration certainminoroffenses, with under theinfluenceofanintoxicant orotherdrug; license revocationresultedfrom anoffense ofoperating revocation withinthepreceding five-year period,orthe individual hadbeenconvictedof operatingafter revocation fromacriminaltocivil offense, unlessthe certification program; continuation ofthecourtinterpretertrainingand in theDirectorofState CourtsOffice toallowforthe regardless ofindigency); interpreter forthosewhoneedoneallcases Governor’s recommendationtoexpandtherightan narrow thedefinition of“habitualtraffic offender” to reduce theoffense foroperatingamotorvehicleafter create astate-fundedcourtinterpretermanagerposition continued frompage 1 continued frompage 1 improvement efforts, suchas: processing since1995.Italsoprovidesrecommendationsforfurther the statecourtsystemhasmadesignificantimprovementsinCHIPScase Automation Programs(CCAP). and ananalysisofdatafromjuvenilecasesintheConsolidatedCourt agency staff; manualcasefile reviewsof800randomlyselectedcases; parties includingjudges,attorneys,parents,courtstaff, andsocialservices diverse countiesofvarioussizes;morethan130interviewswithrelevant study includedobservationsofcourtproceedingsin13geographically state childwelfarelawsandpolicies.Conductedthroughout2004,the federal grantfundingtodeterminethestate’s compliancewithfederaland article latest informationabouttheChildren’s CourtInitiative( www.wicourts.gov/about/organization/ programs/ccip.htm, providesthe Web page,locatedat The newCCIP the courtsystem’s Web site. rights (TPR)andadoptioncasesinthecourtsystem,cannowbefoundon children inneedofprotectionorservices(CHIPS),terminationparental www.wicourts.gov/about/organization/programs/docs/ccipreassessreport.pdf. To readtheReassessmentFinalReportinits entirety, visit U Web page available onnewCCIP Reassessment report The reassessmentisanevaluationrequiredasaconditionofthe In general,theJanuary2005ReassessmentFinalReportconcludesthat the Wisconsin JudicialCollege. Welfare Act appliestoimprove noticetotribes;and management reports; codes forCHIPSand TPR casetypestomoreeffectively generate Requiring trainingforallnewjudgesonCHIPScaseprocessingat Identifying earlierinthecourtprocesscaseswhereIndianChild tnadzn h CPeventand activitycodesandcreatingnew Standardizing the CCAP (CCIP), agrantprogramdesignedtoimprovethehandlingof pdates onthe Wisconsin Children’s CourtImprovementProgram ), theConfidentialityProject,andReassessmentFinalReport. programs. to providefundingforavariety of executive-branch crime laboratoriesanddruglaw enforcement surcharge crime victimandwitnessassistance surcharge andthe surcharge, thejusticeinformationsystemsurcharge, the Court agreementwiththeseprocedures;and the childsupportlawinordertoencourageSupreme make theseproceduresmorelikethosecontainedwithin or denialoflawlicensesduetotaxdelinquency revocations andoperatingafterrevocationoffenses; the intentofreducingnumberdriver’s license increase certainsurcharges, includingthepenalty modify currentlawrelatedtorevocation,non-renewal, see separate

THE THIRD BRANCH 2005 Spring 21 22

Spring WSCCA.i Courthouse Security 2005 continued from page 2 continued from page 5 laboratory and members of the Clerk’s Office entered actual case Create a National Clearinghouse on Court Safety THE THIRD BRANCH data into a test system to work out the kinks before going live and Security to help share information and with the new system. In this way, the teams found and solved research. many programming problems before these problems were Collect and disseminate issue-focused Best encountered in real life, avoiding system glitches that were Practices relevant to all court stakeholders. considered “show-stoppers” once the system was implemented – Identify models of state and local court security situations that could potentially lock up the system, record governance structures and policies. incorrect case data, or misassign case events causing delays or Create strategies for leveraging resources across inaccuracies in the Clerk’s monitoring and reporting of case data. stakeholder groups at the national, state, and local The laboratory also gave the Clerk’s Office the opportunity to levels. acclimatize itself to the point-and-click environment that Integrate court safety and security issues into represents a drastic change from keystroke data entry. Each Homeland Security planning and funding. member of the Clerk’s Office also had a test system installed on his/her workstation to ascertain whether the system could Following the summit, the NCSC on behalf of the properly handle the multitude of tasks asked of it. Conference of Chief Justices and the Conference of The new version of the SCCA program has a number of State Court Administrators (COSCA), presented strengths. The most immediately noticeable difference is user- written testimony to the U.S. House of Representatives friendliness. The system makes more extensive use of drop- Subcommittee on Crime, Terrorism, and Homeland down menus for entering case event codes, displays available Security outlining the need for a portion of Homeland databases in tab-style reference format that allows users to see Security Funds to be set aside for state court security. the types of case data available, and permits the user to rearrange Tracking our progress on this critical task will be data output by clicking and dragging display columns. This the Joint Committee on Security and Emergency feature is particularly useful when printing reports, which can be Preparedness, developed after the 9/11 attacks and tailored to include or exclude specific data types depending upon comprised of CCJ and COSCA members. The joint the need. committee is focused on safety and security issues in The first week with the new program in place - its long- the state courts. Its work to identify effective security anticipated baptism by fire – went well, thanks in large part to practices in the states and develop ten essential the many weeks of experimental data work performed by the elements for courthouse safety and security planning teams and the extensive testing performed by staff members who took center stage following the Chicago and Atlanta volunteered to come into the offices on the weekend prior to the shootings. Monday implementation. During the first couple weeks At this writing, it has been just days since the following the implementation, CCAP maintained a workstation shooting outside the Middletown, Connecticut, in the Clerk’s Office to fix problems on the spot. As program courthouse and three months since the horrifying glitches were identified, CCAP created program “patches” to shooting deaths of Judge Joan Lefkow’s husband and overwrite specific portions of the program. While the redesigned mother in Chicago and the shooting rampage in the program was not inaugurated flawlessly, potential show-stopping courthouse in Atlanta that left Superior Court Judge disasters were averted and the data conversion process is Rowland Barnes, his court reporter, and a sheriff’s continuing as specific instances of data corruption are discovered deputy dead. As time passes, other urgent matters will and corrected. capture the attention of policymakers. It will be As the Clerk’s Office continues to work with the new incumbent upon us all, however, to continue to shine a program, it will no doubt encounter situations that weren’t spotlight on the need to improve courthouse safety. I addressed prior to implementation. The office will work in close look forward to the release of the final report from the cooperation with CCAP to further enhance the program’s summit, and to moving forward on solutions that will performance, ensuring that the court system, as well as the ensure that the halls of justice in each of our states are public, will benefit from the redesign. open, accessible, and safe.

Jurors continued from page 11 opposite: They presumed an assault by an ex-boyfriend testimony explaining how traumatic memory processes would be “no big deal” because they had previously had a differ from common expectations. relationship. The jurors also were generally much more Those in attendance at the Institute came away with new suspicious of victims who knew the offender prior to the information and ideas, and a profound sense of the value of assault. including former jurors in our educational offerings. Many studies indicate that jurors harbor biases and misconceptions in regard to sexual offenses that can affect Those who were unable to attend may borrow a CD version the deliberative process. The experts suggested that this of David Lisak’s lecture from the Office of Judicial Education. might be an area where jurors could be assisted by expert The Third Branch A. JohnVoelker Christopher Paulsen Holly Noe Judge MelFlanagan Deborah Brescoll Bridget Bauman Chief JusticeShirleyS. Contributing Writers C. ColleenFlesher Associate Editor Amanda K.Todd Editor A. JohnVoelker Director ofState Courts Shirley S. Abrahamson Chief Justice (608) 267-0980 fax [email protected] e-mail (608) 264-6256 phone Madison, WI53701-1688 P.O. Box1688 Court InformationOfficer Amanda K.Todd and articleideasto: Send questions,comments, court system. interest totheWisconsin Office, providingnewsof Director ofState Courts terly publicationofthe The ThirdBranch C. ColleenFlesher Graphic Design/Layout Court Iowa CountyClerkofCircuit Carolyn Olson District TenCourt Administrator Gregg T. Moore Vernon CountyCircuitCourt Hon. MichaelJ.Rosborough Editorial Committee www.wicourts.gov Abrahamson is aquar- Wisconsin celebrates LawDay Wisconsin M Committee ranan essaycontestforfifth elementary students. trial inhiscourtroomforagroup of jury serviceandansweredmany questions. grades. They spokeaboutthecourtsand with childreninthirdthrougheighth visited sixschoolsinoneday, speaking Smeltzer and William C.Stewart Jr. and localbusinesses. water donatedbythe American Legion and handouts,servedpopcornbottled departments tosetupdisplayswithinformation overwhelmingly in April. very similar, realreferendumpassed terms oughttobelengthenedfouryears. A question ofwhethercertaincountyofficials’ debating andvotingonareferendumthe trial. competition featuredquestionsfromthemock held andlaterinthedayQuizBowl mocktrialwas involved inadeadlycarcrash. A cautionary talefromayoungmanwhowas teen datingandviolencegenderroles,a celebration. The dayfeatured presentationson four schoolsforitsannualLaw/GovernmentDay Court memberwhoplayedthedefendant. of witnesses;and Winston Wildebush, a Teen Bayfield County Teen Courtwhotooktheroles Silbert andNickSuminski,membersofthe Haukaas; CourtReporterJulieMalinoski;Coral Court KayCederberg; District Atty. H.Craig Defense Atty. JohnCarlson;ClerkofCircuit paraphernalia, were:JudgeJohnP. Anderson; on onemisdemeanorcountofpossessiondrug students. Extension purchasedandprovidedtothe 18,” whichtheUniversityof Wisconsin- the State Barof Wisconsin publication“OnBeing Service in Wisconsin” videoandgivencopiesof it worthit.” overall goodwillandlearningexperiencemakes and itcausesdisturbancesinthecalendar, butthe Judge JohnP. Anderson said.“It’s alotofwork participated inaquestionandanswersession. serve asjurorsjoinedagroupofobserverswho selection asmockjurors. Those notchosento and wereenteredintoadatabaseforrandom Eighty-seven studentssigneduptoparticipate in thecountytoparticipateamockjurytrial. Wisconsin forLawDay2005.Hereisasample: schoolchildren andvisitorstocourthousesaround highlighting juryservicebroughtthousandsof As inthepast,organizers invited All participantswereshownthenew“Jury In Smeltzer alsohostedaseparatemock In Students learned aboutlawmakingby Chippewa County Participating inthemocktrial,whichcentered “The questionsaresurprisinglyinsightful,” Bayfield County Marathon County Dunn County advice clinics,andspecialprograms ock trials,courthousetours,freelegal , JudgesRod W. invited everyhighschool hosted 97childrenfrom , theLawDay fifth gradershewelcomed inhiscourtroomonLaw Day. Judge JamesJ. Bolgert poseswithoneofthefour groups of during theLawDayeventatcourthouse. hamburgers andbrats toraisefundsforTeen Court Members oftheWashburn Teen Courtsell coordinated theevent. closely with Atty. JenniferF. Thompson, who Fremgen providedrefreshmentsandworked unit, andattorney-ledtours. demonstrations bytheS.W.A.T. teamandK-9 students fromtheLawExplorerPost), proceedings ormocktrialsstagedbyhighschool (where thechildrenwatchedeitheractual of thecourthouse.Stops includedthe courts elementary andmiddleschoolstudentsfortours celebrated LawDaybybringingin620 from 1878-91. He alsoservedonthe Wisconsin SupremeCourt a successfullawpracticeinSheboygan1845. who movedtothe Wisconsin Territory andsetup in SheboyganCounty. Taylor wasaNew Yorker dressed upasJudgeDavid Taylor, thefirstjudge the presentationby Atty. BillHolbrook,who scenario. number ofchildren)baseduponashoplifting four timesinarowtoaccommodatethelarge court, theyparticipatedinamocktrial(presented are interpretedandenforced),thecourt.In Defender offices (wheretheylearned howlaws squad cars),theDistrict Attorney andPublic Sheriff’s Department(wheretheygot tositin were rotatedthroughfourstations,includingthe either toamorningorafternoonsession,and schools inthecounty. The childrenwereassigned graders fromfivepublicandprivateelementary work withthe Wisconsin InnocenceProject. School professorKeithFindleytospeakabouthis Law Be Mandatory?” The baralsoinvitedUW graders basedonthequestion,“ShouldJuryDuty The office ofClerkCircuitCourtDiane The One oftheday’s morememorableeventswas Sheboygan County Winnebago County hosted about200fifth- Bar Association