Vol 16 No 4 H I G H L I G H T S Fall 3 Connects 7 Leadership 2008 3 Awards 8 People 5 Retirements 14 New Faces 6 Obituaries 15 Mental Health Initiative Supreme Court takes its ‘show’ on the road he state Supreme Court took Tits proceedings on the road Oct. 7-8, giving more than 500 people an opportunity to watch oral arguments at the Winnebago County Courthouse in Oshkosh. Between the proceedings, the Court had lunch with several local Rotary clubs at the EAA a publication of the Wisconsin Judiciary a publication of the Wisconsin Hangar and presided at the See more graduation of four photos participants in the and story, Winnebago page 12 County Safe Streets Drug Court Program. Justice on Wheels was one of the first public outreach efforts ever undertaken by the Photo credit: Oshkosh Northwestern , and Student Holden Bradfield reads his winning essay to the Supreme Court justices before this was the Court’s 20th trip. oral arguments in Oshkosh. Bradfield won first place in the Justice on Wheels essay contest sponsored by the Court for fifth-grade students in Winnebago County. Wisconsin selected for Justice Reinvestment Initiative isconsin Supreme Court Chief Justice Shirley S. WAbrahamson announced during her State of the Judiciary speech on Nov. 12 that the Council of State Governments’ Justice Center has selected Wisconsin to participate in the Justice Reinvestment Initiative. The Center will work with the Wisconsin Legislative Council to conduct a rigorous examination of the Wisconsin justice system and provide data-driven policy solutions to address recidivism, reduce costs and enhance public safety, Abrahamson said. A commitment from each branch of government was Gov. , former Stockbridge-Munsee Tribal Chief Judge necessary to secure this assistance, and the Wisconsin judicial David Raasch, and Chief Justice Shirley S. Abrahamson branch played an instrumental role in making this happen, addressed the Wisconsin Summit on Children and Families on Abrahamson told more than 300 judges and court staff, who Sept. 24. gathered at the 2008 Wisconsin Judicial Conference at the Children and families Marriott Madison West in Middleton. The Center describes the Justice Reinvestment Initiative as addressed at summit a data-driven strategy for policymakers to reduce spending By Michelle Jensen-Goodwin, Court Operations on corrections, increase public safety and improve conditions ore than 430 tribal and circuit court judges, attorneys, The Third Branch in the neighborhoods to which most people released from Msocial workers and advocates gathered in Wisconsin prison return. Dells Sept. 24-26 for the largest and most diverse gathering The program consists of four steps: 1) analyze the prison ever held to address child welfare and court practice in population and spending in the communities to which people Wisconsin. in prison often return; 2) provide policymakers with options The Wisconsin Summit on Children and Families: to generate savings and increase public safety; 3) quantify Changing Lives by Improving Court and Child Welfare savings and reinvest in select high-stakes communities; and Practice was held at Kalahari Resort. see Initiative on page 15 see Summit on page 14 www.wicourts.gov 2

Fall 2008 Director’s column: Difficult budget ahead isconsin has faced some difficult budget situations deposited to the general fund, while revenues from virtually THE THIRD BRANCH Wover the years, but the 2009-11 state budget is every other court-collected surcharge are deposited to shaping up to be one of the toughest for all of state program revenue appropriations for specified uses. Under government, including the courts. The numbers are the proposal, the surcharge would be passed through to staggering, by just about anyone’s account. counties to provide them financial support for operating Gov. Jim Doyle said the state faces a $500 million their circuit courts. shortfall by the end of the current In addition to complying with one of the governor’s fiscal year, and a $5 billion requests, this proposal addresses a priority set by the shortfall by June 30, 2011 – the Supreme Court’s Planning and Policy Advisory Committee end of the next two-year state – to improve court funding. budget cycle. As a result, Doyle The following additional requests, while modest, address has asked executive-branch pressing needs of the court system and also were included in agencies to freeze hiring for most the budget request. positions and to drop budget In conjunction with the new financial assistance requests by more than 10 percent. program, it should be recognized that for the state to In September, the Department responsibly increase its funding of the circuit courts, of Revenue estimated sales and accurate revenue and expenditure data are essential. A corporate tax collections were request is made to extend a two-year project auditor down about 10 percent, compared position created in 2007 Act 20 in order to institute the A. John Voelker to the same month last year. That audit function authorized in Act 20. While this position may be the largest drop in more has been involved in creating our new uniform chart of than a decade. accounts for use by the counties, the auditor is essential State pensioners’ checks have been reduced, reflecting to improving estimates for the costs of any state- the dramatic drop of the stock market. funding proposal. Early next year, the state is expected to have to borrow There continues to be an increasing need to provide from the federal government to make required payments non-English speakers and the hearing impaired with to the unemployed. trained and certified interpreters in the courts. To say the least, it’s a difficult environment, and state Additional funds are requested for the current state government is going to face tremendous challenges ahead. program that reimburses counties for court interpreter Some experts suggest the economy hasn’t even hit bottom services to reflect increasing demand and the higher yet, and a turnaround may be up to two years away. reimbursement rates for certified interpreters. Statutory As we approach this budget, we realize it is unlikely we’ll changes and associated reimbursement funding are also get what we want. Indeed, we may be fortunate just to keep requested to increase the mileage rate for court what we have. interpreters and the state reimbursement to counties for Still, we continue to work for budget items necessary to court interpreter mileage from 20 cents per mile to the run the courts more effectively and to meet our state mileage rate. Non-statutory language is also constitutional and statutory obligations. requested for a court interpreter pilot in western One of the key elements of our budget request, which was Wisconsin under which the District Court submitted to the governor in September, is intended to meet Administrator’s Office would schedule and pay for court one of his top budget goals – to support local government. interpreter services. With the numbers of limited English While funding the circuit courts is a shared responsibility speakers in Wisconsin continuing to increase, between counties and the state, the state’s share of circuit interpretation has become a basic court service. court funding has decreased over time, with a corresponding Interpreters make possible accurate testimony and increase in county funding. ensure that parties understand the court process. Our budget request includes a plan that would provide Accurate interpretation is as important for judges as it is additional direct funding to counties in support of the circuit for the parties involved. courts, replacing a funding structure that no longer meets its The court system understands the increasing demands on intended goal. general fund dollars, as well as uncertainties in general fund The centerpiece of this partnership budget is a new revenue collections. To that end, we are working hard to financial assistance program for counties that would provide seek outside funding to allow us to maximize our additional state support as counties struggle to keep under expenditures of state dollars. their levy limits and hold down property taxes. For example, the provision of a justice initiatives Under this proposal, the current circuit court support and coordinator position at a modest cost in 2007 Act 20, the guardian ad litem payment programs would be eliminated 2007-2009 biennial budget act, was instrumental in the and be replaced by a new circuit court services support Supreme Court obtaining a private foundation grant of over payment program. The new program would be funded half a million dollars to develop effective justice strategies through a sum-sufficient appropriation consisting of 75 to deliver appropriate and cost effective outcomes for percent of the court support services surcharge revenues communities, victims and defendants. The success of this collected by county clerks of circuit court in the previous effort will translate into significant justice system savings calendar year. and safer communities. Currently, court support services surcharge revenues are 3

WISCONSIN CONNECTS Fall Wisconsin judges attend International 2008 Judicial Academy THE THIRD BRANCH By Sara Foster, Associate Editor n September, four Wisconsin judges traveled to The the international courts. IHague, Netherlands to attend the 4th Sir Richard May Judges come from all over the world to hear cases from Seminar on International Law and International Courts, both civil and common law jurisdictions. Not only do they hosted by the International Judicial Academy. The have the language differences to contend with, they have International Judicial Academy’s mission is to promote the completely different types of legal systems in their native rule of law around the world through quality education. The countries. The judges had the opportunity to watch part of the Academy offers several trips, including this one to The trial of Charles Taylor, who is charged with war crimes in Hague, as well as Sierra Leone. International scholarships. court proceedings require District I Court of Appeals multiple interpreters to Judge Kitty K. Brennan, accommodate the many Milwaukee County Circuit nationalities that are present in Court Judge Thomas P. the courtroom. Donegan, Federal Magistrate They also met with Atty. Judge Patricia Gorence, and Tomislav Kuzmanovic, from Reserve Judge Moria Krueger the Milwaukee law firm of visited the International Hinshaw & Culbertson, who is Criminal Courts, the on leave from his firm, to Yugoslavian War Tribunals, defend a Croatian citizen the Sierra Leone War charged with war crimes in the Tribunal, and the International Yugoslavian War Tribunal. Court of Justice. Kuzmanovic, who does not They also visited the Peace normally do criminal defense Palace, which houses two work in Milwaukee, recounted courts: the International Milwaukee County Circuit Court Judge Thomas P. Donegan, his very interesting legal work Court of Justice and the Federal Magistrate Judge Patricia Gorence, Reserve Judge on the war crimes trial. Permanent Court of Moria Krueger, and District I Court of Appeals Judge Kitty K. Brennan was impressed by Brennan in front of the Peace Palace in The Hague Arbitration. The Peace Palace the city, as well as the was built with donations by Andrew Carnegie. The origin of international courts. “The Hague is a fascinating place. It the International Court of Justice was an international has the canals of Amsterdam, the shopping of Paris and an factions dispute in Russia. Czar Nicholas II wanted to find a exciting new area of legal development to explore” she said. peaceful resolution to the dispute so he asked his cousin, the Donegan said he was fascinated by his experience there, monarch of The Netherlands if she had a venue to serve as a particularly with the beauty of the city, and the respect for forum for negotiations. She found a location in The Hague the law. The Dutch constitution has a requirement for and the first international courts were born. The later courts participation in international law. naturally sought out The Hague and the city is now the “Sitting in criminal court in Milwaukee, I had no idea this host to many international courts and tribunals. An army of was going on,” Donegan said. “I did not have a sense of how lawyers and judges now works on international civil and many international courts there were, and of the variety of criminal issues in the city. An infrastructure of lawyers, international courts.” law clerks, court clerks, and security has built up around AWARDS Judge Konkol named served as both president and vice-president, was “Polish-American of unanimously chosen for his work in the Polish community as well as his work with organizations of other nationalities. the Year” Milwaukee Circuit Court Judge Daniel Lee Konkol has been Court Commissioner recognized with recognized by the Milwaukee Juvenile Justice Award Society of the Polish National The Wisconsin Juvenile Detention Association honored Alliance as “Polish-American of Dane County Court Commissioner James Olds with its the Year.” Each year, the society Juvenile Justice Award at its October conference. Olds, who honors a member who has has served as court commissioner for more than 20 years, exemplified the spirit of Casimir was nominated for the award by Cathy Arnold of Shelter Pulaski through service and Judge Daniel Lee Konkol Home for his commitment and dedication to the youth that dedication to his or her pass through the juvenile court system, and his contributions community. Konkol, who has been a member since 1989 and see Awards on page 12 4

Fall Wisconsin counties celebrate jurors 2008 hen it comes to showing appreciation for jurors, County, Chief THE THIRD BRANCH WForest County Clerk of Court Penny Carter takes the Judge C. cake. In fact, she also takes the M&Ms, the soda and the William Foust coffee to jurors, just as she did during a juror appreciation and Clerk of program at the Forest County Courthouse in Crandon on Court Carlo Sept. 22. Esqueda were The Forest County celebration, which also featured a visit among by Chief Justice Shirley S. Abrahamson, was among the speakers, who most elaborate events held during the first statewide Juror addressed Appreciation Month during September. Carter invited past more than 100 and present jurors to celebrate, along with Menominee and prospective Dan Habeck, president of the Waukesha County Bar Association, presented Waukesha Potawatomi tribal court officials. About 130 high school jurors Sept. 8. County with this photograph of the first students participated in a question and answer session with In one of the Wisconsin jury to include female jurors. Abrahamson, who said she’d like to see the Forest County more unusual approaches to Juror Appreciation Month, Walworth County issued $5 gas cards to two jurors each day. The executive and legislative branches of government joined the court system in thanking jurors – Gov. Jim Doyle issued a proclamation, and the Senate and Assembly each approved citations. Many county boards also passed resolutions recognizing the critical role jurors play in our democracy and system of justice. The statewide juror appreciation program built on the success of a Milwaukee County juror appreciation program established last year. The statewide juror appreciation program was initiated by the Chief Judges’ Subcommittee on Juror Treatment and Selection and was spearheaded by District Five Court Administrator Gail Richardson. The theme of Juror Appreciation Month was Jurors Serve Chief Justice Shirley S. Abrahamson speaks at the Dane County juror appreciation celebration, as Chief Judge C. William Foust Justice; Justice Serves Us All. During 2007, about 60,000 looks on. people reported to courthouses across Wisconsin, and about 20,000 people served as a juror during one of 2,429 trials. A program replicated in additional counties in future years. complete list of counties and the activities in which they The event garnered newspaper and television coverage, participated will be posted on CourtNet, the court system’s helping get the word out about the importance of jurors and Intranet site. jury duty. About a half dozen counties invited jurors or special guests to participate in special programs, and more than 40 counties marked the occasion in some fashion, ranging from thank you notes to hanging banners and posters. Press conferences were held in Milwaukee, Waukesha and Dane counties. In conjunction with the State Bar of Wisconsin, which co-sponsored Juror Appreciation Month with the court system, local bar associations in some counties helped put on events. The Waukesha County Bar Association, for example, presented Waukesha County Clerk of Court Carolyn Evenson (see “Retirements,” this issue) with a photo of the first Wisconsin jury to include women. In Milwaukee County, juror appreciation banners appeared inside and outside the courthouse, and some city buses featured State and local court officials pose with a group of Milwaukee County jurors (holding certificates of appreciation), who gathered in the Milwaukee County scrolling text in honor of jurors. Among Courthouse rotunda for a juror appreciation event on Sept. 4. Among speakers at a Sept. 3 press conference in officials making remarks at the ceremony: Wisconsin Supreme Court Chief Milwaukee County were Abrahamson, Chief Justice Shirley S. Abrahamson; Chief Judge Kitty K. Brennan, Milwaukee Judge Kitty K. Brennan (now a Court of County Circuit Court (now a Court of Appeals judge); Milwaukee County Appeals Judge), Clerk of Court John Barrett, Clerk of Circuit Court John Barrett; and State Bar of Wisconsin President and State Bar president Diane Diel. In Dane Diane Diel. 5

RETIREMENTS Fall McCormack to retire after 30 years 2008

Judge Joseph D. McCormack, Ozaukee County Circuit THE THIRD BRANCH Court, has announced plans to retire in January. McCormack was elected to the circuit court in 1979, and re-elected in 1985, 1991, 1997, and 2003. McCormack said the introduction of electronic systems in all aspects of case processing has been the most significant change he has seen during his time in the court system. When McCormack ran for his seat, he made a commitment to work towards keeping case processing and Chief Judge Jeffrey A. Kremers, Milwaukee County Circuit Court, presents recognition plaques to judges John Franke Judge Joseph D. the calendar up to date. He and Michael B. Brennan, who recently resigned as McCormack said he is proud of the fact that he has been able to keep Milwaukee County Circuit Court judges. his promise and has been able to maintain control of the Judge John Franke will be leaving the bench to join the Gass court calendar throughout the years. Weber Mullins law firm. McCormack, who received his law degree from Marquette Brennan was appointed to the Branch 15 bench by then- Law School, served as corporation counsel and as assistant Gov. Tommy Thompson in 1999, and was elected in 2001 district attorney for Ozaukee County prior to his election to and 2007. In 2002, he was named one of the Milwaukee the bench. He has also served as a lecturer for the American Business Journal’s “40 under 40” professional leaders. He Government Day Family Law programs. has served on the Legislative Committee, Uniform Bond McCormack plans on continuing his judicial work during Committee, National Advisory Committee on Violence his retirement. He said he hopes to do some mediation and Against Women, and the Legislative Council’s Special serve as a reserve judge. He also plans on spending more Committee on Crime against Children. Brennan’s last day time with his grandchildren. was Nov. 30. “It has been my great honor and privilege in nine years on the bench to serve the citizens of Milwaukee County Judge Sazama to retire from bench and of Wisconsin in many different divisions of our court After nearly 14 years, Chippewa County Circuit Court on a great diversity of cases,” Brennan wrote in a letter to Judge Thomas J. Sazama retired from the bench on Nov. his colleagues. “It is time for a return to the challenge of 29. He was appointed in 1995, trying cases and handling appeals in federal and state and elected in 1995, 2001, and courts here in Wisconsin and around the country. I agree 2007. with Chief Justice John Roberts's description of the judge While he has no specific as umpire. It is time that I start doing some hitting and retirement plans at this time, he fielding!” does want to spend more time Franke, who will leave the bench on Dec. 31, was with his granddaughter, reading elected to Branch 25 in 1987, 1993, 1995, and 2005. He had for pleasure and travelling with previously served as attorney-in-charge of the U.S. his wife, who is also retired. He Department of Justice Organized Crime Division and also hopes to serve as a reserve assistant U.S. attorney for the Western District of Wisconsin. judge. In 1997, he told the Milwaukee Daily Reporter that he According to Sazama, the sometimes missed being on the computerization of the courts other side of the bench. “There has been the most obvious Judge Thomas J. are times when I miss trial work change he has witnessed. He Sazama and the lawyers have commented has also noticed an increase in that they notice,” Franke told the caseloads and the number of pro se litigants over the past 14 paper. years. Legislation has been passed to create a third branch in Chippewa County to address this increase. Sazama said that his staff, who have been with him for a Waukesha County long time, are very loyal to him, and are sad to see him judge to retire leave. “I must have done something right,” he joked. Waukesha County Circuit Court Judge Mark S. Gempeler Two Milwaukee judges resign retired on Dec. 2. Gempeler has Judge Mark S. Gempeler Two Milwaukee County Circuit Court judges have announced plans to resign. Judge Michael B. Brennan and see Retirements on page 13 6

Fall OBITUARIES 2008 Judge Robert C. Cannon served as a Korean Linguist in the U.S. Army. He received his law degree from the UW Law School, and practiced in THE THIRD BRANCH Milwaukee County Circuit Court Mauston, Mondovi, and Durand from 1959 until his District I Court of Appeals appointment to the circuit court. He had also served as Judge Robert C. Cannon, who served both the Milwaukee assistant district attorney in Juneau County. County Circuit Court and District I Court of Appeals, died During his time on the bench, Morey witnessed an Oct. 22. He was 91. increase in the caseload, particularly in methamphetamine Cannon is believed to be the related cases. “The corridor between Eau Claire and St. youngest judge ever elected in the Croix is growing so rapidly, and we are seeing a resultant United States. At the age of 27, he growth in our caseload,” he told The Third Branch in 2005. defeated a sitting judge on the According to his obituary, he enjoyed carpentry, Milwaukee civil court in 1946. gardening, working outside, reading, traveling, singing in Cannon is also known for the role he the church choir and participating in church men’s groups. played in returning baseball to He is survived by his wife, Ruth; four daughters; four Milwaukee. He had worked as a legal siblings; and seven grandchildren. advisor to the Major League Players Association for six years. “You know, he played a wonderful Judge Robert J. Miech role in helping us bring baseball back Milwaukee County and Circuit Court Judge Robert C. Cannon to Milwaukee,” Baseball Former Milwaukee County and Circuit Court Judge Commissioner Bud Selig told the Robert J. Miech passed away on Nov. 9. He was 83. Milwaukee Journal Sentinel. “His contributions to that end Miech was appointed to the bench in 1960, and was were enormous. I had – and have – great respect for him.” elected to serve six terms. After retiring in 1993, he served On the bench, Cannon was known for his fairness and as a reserve judge for four years. compassion. His son, Tom Cannon, told a story to the Miech received his law degree from Marquette Law Journal Sentinel of a woman in his father’s courtroom in School in 1954. He also held a Northwestern Law Criminal 1946, who was being evicted with her eight children from Justice Certificate. Prior to his appointment, he worked as their home during a tough financial time. “So he put the assistant district attorney for Milwaukee County. He served family up in his judicial chambers, until alternate housing on the Committee for Court Reorganization and as secretary could be found for them,” Tom Cannon told the newspaper. on the Milwaukee County Board of Judges. In another similar situation, Tom Cannon told the Journal He is survived by his wife, Elizabeth; his daughter, Sentinel that his father had his bailiff collect donations from Kathleen; grandson, Robert; and many friends and family. lawyers in his courtroom for a mother of five who was being evicted. Judge Michael B. Torphy Robert Cannon received his law degree from Marquette Law School and worked as an assistant U.S. attorney before Dane County and Circuit Court enlisting in the U.S. Navy during World War II. He served Former Dane County and Dane County Circuit Court on the Milwaukee civil court, and then the Milwaukee Judge Michael B. Torphy died on County Circuit Court until his move to the newly created Nov. 20 at the age of 78. Court of Appeals in 1978. After retiring in 1982, he Torphy was elected to the Dane continued to serve as a reserve judge until 1997. County bench in 1968, and was Robert Cannon was preceded in death by his wife, Helen, elected to the Dane County and is survived by his four sons, two daughters, Circuit Court in 1974. He retired grandchildren, and a great-granddaughter. in 1998. During his thirty year career as a judge, Torphy presided over Judge Dane F. Morey many high profile murder cases, Buffalo/Pepin County Circuit Court but what he was most well known Former Buffalo and Pepin County Circuit Court Judge for was his fairness on the bench. Dane F. Morey passed away on “He always ran a fair trial,” Photo credit: Times The Capital Nov. 1 at the age of 76. Gov. Jim Doyle, a former Dane Judge Michael B. Torphy Morey was appointed to the County district attorney who shared judgeship for Buffalo and practiced before Torphy, told the Wisconsin State Journal. Pepin counties in 1990 by then- “He was the best judge to try a case in front of that I ever Gov. Tommy Thompson, and appeared before.” elected in 1990, 1996, and 2002. “He had a tremendous reputation for being fair to both After his retirement in 2005, he sides,” Torphy’s former colleague Dane County Circuit continued to serve as a reserve Court Judge Daniel R. Moser told the State Journal. “He judge. loved trying criminal court cases, and the more complicated Morey graduated first in his the better.” class from the Army Language Torphy is survived by his wife, Maureen; two daughters, School in Monterey, Calif., and Lauren and Karen; and many other friends and family. Judge Dane F. Morey 7

LEADERSHIP Fall 2008 Collaboration is key to Barron County THE THIRD BRANCH Restorative Justice Program en years after Judge Edward R. Brunner brought the their size, and superintendents saw the value of providing Tconcept of restorative justice to Barron County, statistics support. Federal money also helped launch a truancy suggest the program has succeeded in reducing the county’s initiative with a restorative juvenile arrest rate. justice philosophy. The program, run by a nonprofit corporation from the Eric Kasper, a professor of Goodwill Store in Rice Lake, now has a staff of eight people political science at the UW- and hundreds of volunteers. Like similar programs Barron County, recently elsewhere, the restorative justice program is intended to completed a study of the impact hold offenders directly accountable, and, in turn, make the that the Restorative Justice community safer. Program has had on juveniles in Brunner, now a Court of Appeals judge, never found it the county. Among his findings, difficult to lend his name to this initiative, and he trusted published in the Rice Lake that others would take it in the right direction, said Polly Chronotype in an article written Wolner, executive director of Barron County Restorative by Editor Sam Finazzo: Justice. She credits Brunner with lending credibility and The juvenile arrest rate per garnering support for the program and empowering staff to 1,000 juveniles in Barron Judge Edward R. implement it. County decreased almost 45 Brunner In the early stages, Brunner and others invited people from percent between 1999 and outside of the court system to learn and help provide input. 2005. The Wisconsin rate in 2005, the most recent year “The power of circuit court judges to facilitate change in for which full data are available, was 80.1; the Barron their communities is underestimated by many judges County rate was 36.5. Rates have decreased statewide, themselves. Communities eagerly look to judges for but they have dropped significantly more in Barron leadership on issues that affect the justice system,” County than in the rest of the state. Burnner said. Rates for juvenile felonies and for the most violent The collaboration resulted in building a base of volunteers offenses went down almost 49 percent during the five and led to the idea of bringing the restorative justice years after the program began compared with the five- philosophy into the schools – an idea again encouraged by year period prior to the start of restorative justice. In the Brunner, who asked educators and law enforcement to “give late 1990s, the juvenile index arrest rate in Barron it a try.” County was higher than in the rest of the state, and now Initial funding came from a private donor, and six months that rate is significantly lower. later a grant became available through the Office of Justice Barron County juvenile arrests for theft dropped more Assistance. Such grants are now more difficult to obtain, but than 57 percent from 1999 to 2005. The juvenile theft there is, on occasion, start-up money available. rate in Barron County was substantially higher than it When funding for the Barron County program was about was in the rest of the state from 1997 to 1999, but by to run out, organizers went to the county board and pleaded 2003 the juvenile theft rate was significantly lower than their case, emphasizing the savings it would mean for the in the rest of the state. county. Schools also were asked to contribute, based on Program aims to restore victims, communities By Catherine Hall, Intern, Office of Court Operations estorative justice is a broad term that describes a variety the Wisconsin Department of Corrections, and generally Rof criminal justice programs and processes designed to operated in partnership with nonprofit organizations or “restore” the victims and the community following a crime. other local or county agencies. In such arrangements, the Restorative justice programs work to repair the harm caused program generally receives direction from a board by crime to victims and communities by engaging the composed of community stakeholders as well as a director. offender in the restoration process. Participation in the Funding for restorative justice programs varies. For restorative process by the parties most affected by crime example, Milwaukee and Outagamie counties receive promotes healing. For example, restorative justice provides federal funding for such programs through the Office of victims with opportunities to regain a sense of Justice Assistance and the State Prosecutors Office, in empowerment that may have been lost as a result of the conjunction with additional state and local funding. crime and to express how they have been impacted by the Generally, funding originates from government agencies or crime. Likewise, offenders are held directly accountable for local foundations. Some restorative justice programs may the crimes they have committed, becoming active charge for certain programs. participants in reparations. Restorative justice takes many forms, including restitution, Wisconsin’s restorative justice programs are implemented community service, victim-offender conferencing, and through the Office of Victim Services and Programs within see Justice on page 11 8

Fall PEOPLE 2008 Gov. Jim Doyle will not be appointing a new judge to fill Court Judge John P. the vacancy on the Milwaukee Circuit Court created by Hoffmann, who bikes his THE THIRD BRANCH Judge Kitty K. Brennan’s appointment to the Court of 30-mile-round-trip Appeals, according to the Milwaukee Journal Sentinel. commute three days per Brennan would have been up for re-election in 2009. The week. Hoffman has biked two Milwaukee County Circuit Court seats made vacant by over 75,000 miles in the the resignations of judges Michael B. Brennan and John past 20 years. Franke (see Retirements on page 5) will not be on the Six Wisconsin judges ballot until spring 2010. The Journal Sentinel reports that participated as panelists Municipal Judge Christopher Lipscomb Sr., Atty. Ellen at a Judicial Forum in Brostrom, Milwaukee County Assistant District Atty. Madison in October. The Daniel Gabler, focus of the forum was Milwaukee Court “What Civil Court Commissioner Judges Want You to Photo courtesy of Judge Hoffmann Cedric Cornwell, Know,” and addressed Judge John P. Hoffmann, Atty. Karen Dardy, such topics as motion Waupaca County, has biked over 75,000 miles. Atty. J.D. Watts, hearings, judges’ views Atty. Christopher on technology in the courtroom, and voir dire. The panel Liegel, and Atty. Ron included judges James R. Beer, Green County Circuit S. Dague have Court; Shelley J. Gaylord, Dane County Circuit Court; indicated interest in Edward E. Leineweber, Richland County Circuit Court; the Milwaukee James O. Miller, Columbia County Circuit Court; John R. Circuit Court Storck, Dodge County Circuit Court; and James E. positions. Welker, Rock County Circuit Court. The Waunakee Former Supreme Court Justice Janine P. Geske was Tribune has reported awarded a fellowship from the Wisconsin Academy of that Atty. Julie Sciences, Arts and Letters, according to The Marquette Genovese will run for Tribune. Geske, who is a professor of law at Marquette Photo credit: www.asiphoto.com the Dane County University, was honored for her work with restorative justice Reserve Judge Michael J. Mulroy Circuit Court seat that in Milwaukee. See more on restorative justice on page 7. crosses the finish line after competing in will be vacated this The Wisconsin Law Journal has reported that District Three the 2008 Ironman in Madison. spring by Judge Chief Judge J. Mac Davis was nominated by President Michael Nowakowski, who has chosen not to run for re- George W. Bush on Sept. 9 to fill the vacancy of U.S. election. Genovese received her bachelor’s degree from District Judge John C. Shabaz, who is not expected to return Harvard and her law degree from Vanderbilt University. “I from a leave of absence. The Associated Press reported Nov. know the law, and I understand people. Everyone will get a 13 that U.S. Senate confirmation is now unlikely. fair hearing in my court,” she told the paper. Gov. Jim Doyle’s office has announced that it will be Reserve Judge Michael J. Mulroy has been keeping busy seeking applications for the Waukesha County Circuit Court since retiring from the La Crosse County Circuit Court. bench that Judge Mark S. Gempeler will be vacating (see Mulroy completed the 2008 Wisconsin Ironman competition Retirements on page 5). According to the Milwaukee in September. The triathlon Journal Sentinel, several candidates are interested in the consists of a 2.4 mile swim, a position. Waukesha attorney and chair of the Waukesha 112 mile bike race, and a 26.2 County Democratic Party Rick Congdon has announced his mile run. candidacy for the position, the Journal Sentinel reports. The Wisconsin Law Journal Attorneys Peter Wolff and recently featured several Jennifer Dorow, and Court Milwaukee Circuit Court Commissioner Linda Georgeson judges who have chosen to have also expressed interest in bike to work, rather than running for the seat, according to drive. Judge Richard J. the paper. Because Gempeler Sankovitz bikes the eight- retired on Dec. 2, the seat will not mile-round-trip commute be on the ballot until the spring every day, weather permitting. 2010 election. Sankovitz has inspired Judge A Milwaukee Journal Sentinel photo credit: Wisconsin Law Journal photo credit: Wisconsin Michael J. Dwyer, who editorial published Sunday, Nov. Milwaukee County Judge began biking his ten-mile- 23 encourages the Wisconsin Richard J. Sankovitz commutes round-trip commute about Legislature not only to stiffen eight miles on his bike every day. two years ago. Judges penalties for drunken driving, but Judge J. Mac Davis Charles F. Kahn Jr., John Franke, Mary M. to provide adequate funding and Kuhnmuench and Frances T. Wasielewski have also left treatment options to help handle the potential influx of their cars at home and biked in to the courthouse on cases. occasion. The article also mentions Waupaca County Circuit see People on page 17 included intheregionaltraining sessionsisan LaCrosse duringthefirsthalfof 2009. Also training sessionsinMadison,Neenah and version ofthetrainingprogramat threeregional the initialtrainingsessions. its courtstaff, utilizingthematerialsdevelopedfor Milwaukee, planstoconductin-housetrainingof self-represented litigants.” every daytoprovidequalitycustomerservice programming toourcourtstaff, whoworkhard pleased thatwecanoffer thismuch-needed the materialsinanengagingmanner, andI’m the qualityandeffectiveness oftheprogram. Tenth JudicialDistrict,saidhe was impressedwith Scott Johnson,districtcourtadministratorforthe three trainingsessionsforcourtstaff in2009. the curriculum,andwillreplicateprogramin Litigants Committeehelpeddevelopandpresent litigants needingassistanceintheircourthouses. better managingtheincreasednumberofself-represented service issues,andsharingcounty-developedresourcesfor litigants withlanguagebarriersorothercomplexcustomer- between legalinformationandadvice,madeuseof offer thetrainingatdistrictlevel. Education, withtwoadditionaljudicialdistrictsplanningto locations throughoutthestatethroughOffice ofJudicial effort, theprogramwillbeoffered in2009atthreeregional represented litigation.Duetothesuccessofthistraining effort toaddressissuesraisedbytheincreaseinself- Wausau) aspartofthe Wisconsin courtsystem’s continuing pro se a smallgroupactivityattheOneidaCounty Clerk ofCourtCourtneySzuta participate in Jeanne LarsonandVilas CountyDeputy andJuvenileClerk Price CountyRIP M By Ann Zimmerman,Statewide initiative tobereplicated statewide staff Ninth Districtcourt The Office ofJudicialEducationispresentinga The FirstJudicialDistrict,headquarteredin “The facultydidanoutstandingjobpresenting The Tenth JudicialDistrictSelf-Represented The day-longsessionstaughtcourtstaff thedifferences in theNinthJudicialDistrict(headquartered ore than80courtstaff memberswererecentlytrained training. Pro Se Coordinator represented handling self- methods for suggesting litigants inskits, represented and self- roles ofclerks acting outthe participated by staff actively questions. Court answered staff resources and about information presented scenarios, example pro se Clerk ofCourtLoraWalters. Wisconsin State LawLibrarianJaneColwin,MarathonCounty Assistant Kenosha CountyClerkofCourt Gail Gentz.FrontRow(left toright): CountyClerkofCourtDiane Sennholz, retired Zimmerman, Marathon Pro Se Back Row(left toright):ReserveJudgeGaryL.Carlson, NinthDistrict Coordinator Annette Barna,State Zimmerman at training initiative,contactState Ann Zimmerman. Coordinator Annette Barna,andState County ClerkofCourtGailGentz,NinthDistrict Assistant ClerkofCourtLora Walters, retiredKenosha Clerk ofCircuitCourtDianeSennholz,MarathonCounty III, State LawLibrarianJaneColwin, MarathonCounty Gary L.Carlson,St. CroixCounty JudgeEdwardF. Vlack Office oftheChiefJustice.Faculty includedReserveJudge and Tenth districtcommittees,theState LawLibraryandthe court staff unabletoattendthelive trainingsessions. and advicefor information between legal the differences focusing on initiative learning distance- works: a Also inthe Commission. Judicial Wisconsin director ofthe executive Jim Alexander, presented by which willbe ethics session, For furtherinformationaboutthe The programwasdevelopedinpartnershipwiththeNinth pro se pro [email protected] Marathon County County DeputyClerkPamBrittenperformaskitatthe Forest CountyClerkofCourtPennyCarterand training Pro Se Pro Se pro se pro se Coordinator Ann Pro Se Coordinator Ann training. court staff Coordinator . Pro Se

THE THIRD BRANCH 2008 Fall 9 10

Fall 2008 Justice Michael J. Gableman THE THIRD BRANCH dons the black robe with a little help from his mother, Mary, during his investiture ceremony Oct. 24 in the Assembly chambers at the state Capitol. Looking on, clockwise from bottom left, are the Rev. Robert C. Morlino, Bishop of Madison; Gableman’s father, Norb; Hamline University Law Professor Carol Swanson; and the Rev. Timothy M. Dolan, Archbishop of Milwaukee. Wisconsin Law Journal Photo credit: Henry A. Koshollek Photo credit: Henry Courtesy

PPAC updates two-year priority list, enhances planning process By Shelly Cyrulik, PPAC Policy Analyst The Wisconsin Supreme Court’s Planning and Policy Therefore, each six-year enhanced strategic plan Advisory Committee (PPAC), based on its planning will include three separate “critical-issue” cycles, subcommittee’s report, Critical Issues: Planning Priorities which will, in turn, be aligned with the biennial for the Wisconsin Court System 2009 -2011, has identified the budget process. following priorities for the 2009 - 2011 biennium: Additional enhancements to the planning cycle Improvement of Court System Funding Structure include: Sentencing Alternatives and Strategies to Reduce Extending the ability to assess programs and Recidivism accomplishments Assistance to Self-Represented Litigants Developing a process to increase information gathering Judicial Appointment and Selection efforts and sources Developing a process to prioritize each critical issue The planning subcommittee also recommended an and identify action steps enhanced strategic planning proposal for the Wisconsin court Creating a feedback loop to allow for the routine system. As a result of a readiness survey, and conclusions review and assessment of each critical issue by PPAC drawn from reviewed research, the planning subcommittee The first enhanced planning process will kick off in January. recommended that PPAC enhance its planning process, but not embark on what is traditionally referred to as “long- Court security range planning.” This enhanced strategic planning process The Court Security Subcommittee has completed the data- was presented to and approved by PPAC at its August collection phase of the “state of security” survey, which meeting. Specific details of the recommendation are resulted in a 93 percent response rate. Now, the analysis described below. begins. Information collected from survey responses will be considered by the subcommittee as it continues reviewing The PPAC enhanced strategic and recommending revisions or updates to SCR 70.39, as planning process well as the semi-annual security and facility report process. Every six years PPAC will issue the courts’ Finally, a comprehensive report of survey results and analysis enhanced strategic plan to serve as a guide for will be made available upon completion. future work. This process will include the review of PPAC advises the Supreme Court and the director of the court system’s mission and vision as well as the state courts on planning initiatives, the administrative development of strategic goals. “Critical issue” structure of the court system and the expeditious handling development will not change from current practice of judicial matters. but rather will be an integral component of the new enhanced process. “Critical issues” will continue to For questions about PPAC and its subcommittees, contact be identified each biennium as they will remain the Shelly Cyrulik in the Office of Court Operations at (608) court system’s short-term priorities. Each “critical 266-8861 or [email protected] issue” will be aligned with the broader strategic goals as identified through the enhanced process. programs toimproveservices cost and/orunbundledservices. and (3)referralstoattorneyswhooffer reduced- with simplelegalquestions,(2)helpforms, January todevelopaclinicthatwilloffer (1)help Clerk ofCircuitCourtDianeFremgensince County CourtCommissionerDavid W. Keckand send backforcorrections.” significantly cutdownontheamountofpaperwehaveto how todoit,”shesaid.“Ithinkoffering legalassistancewill T By Amanda Todd, CourtInformationOfficer assistanceclinic forLegal intheworks Oshkosh following sources: Information forthisarticlewas gathered from the dismissed, butthisprocedurevaries acrossthecountry. lead tocharges againsttheoffender beingreducedor or afteranoffender’s formalsentencing andcompliancemay both juvenilesandadults.Participation maytakeplacebefore offenders ofbothviolentandnon-violentcrimesinclude Typically, restorativejusticeprogramsinvolvelow-risk justice programsarenoteffective optionsinmanycases. offenders maybevoluntaryormandatory. Restorative While victimparticipationisvoluntary, participationby victim impactprogramsthatvarybycountyin Wisconsin. Justice day inOshkosh.Unlikeotherlegalassistance two dayspermonth–onedayinMenashaand service toourcustomers.” burden forus,andenableustooffer avaluable ability toreferlitigantstheclinicwillreallylifta difficult, andthereisfrustrationon allsides. The advice,” shesaid.“Thisbalancecanbevery the state,mustbehelpfulwithoutoffering legal referrals totheclinic.“Myoffice, like othersacross said heroffice anticipatesmaking multiple, daily Office ofVictim ServicesandPrograms, Wisconsin Diane Fremgen Winnebago CountyClerkofCourt Fremgen, alongtimeclerkwhohasbeenactivein Diedrich hasbeenworkingwith Winnebago The clinicwillopenthisfallandoperate in the Winnebago CountyCircuitCourt,oneneedonly o appreciatethepressingneedforfreelegalassistance continued frompage 7 pro se litigants, may notknow done, butthey to getsomething people whoneed indecipherable. quite-right to range fromnot- general, they in everyday. In filings thatcome the reamsofcourt to wadethrough M. Diedrich,try attorney, Kathleen child support watch thecounty’s “We dealwith David W. Keckatthe courthouse inOshkosh. Atty. KathleenM.DiedrichandWinnebago CountyCourtCommissioner ogramme 08RJbackgr www Department ofCorrections, www Department ofCorrections, www June 2008Edition,RestorativeJustice Online, oja.wi.gov/docview Evaluation, June2004,9, they areaveryactive,engagedgroup.” think wecansellthecountybaronparticipating,because date, Ithinktheneweffort will beasuccess,”hesaid.“I are willingtoserve.“GiventheresponseIhavereceived start, buthehopestodeveloparosterof25-75lawyerswho from UW-Oshkosh. Kecksaidsixlawyerswillbeneededto brochures abouttheclinic. libraries. Eachoftheselocationswilldisplaysignsandoffer Resolution Center, Legal Action of Wisconsin andthepublic domestic abuseshelter, the Winnebago CountyConflict Office oftheFamilyCourtCommissioner, thelocal Clerk ofCircuitCourtOffice, theChildSupportOffice, the that theorganizers arecreating. The networkwillincludethe Many ofthemwillfindtheclinicthroughareferralnetwork seeking legalinformation. The initiativetrainedpubliclibrarianswhoservecustomers participated inthecourtsystem’s PublicLibraryInitiative. libraries arepartofthe Winnefox LibrarySystem,which operated inthemainpubliclibraryeachcity. The clinics thatoperateincourthouses,thisonewillbe Restorative JusticeBackgrounder, April 2008,Minnesota Vergin, Carrie,“Starting aRestorativeJusticeProgram,” Legislative Audit Bureau, RestorativeJusticePrograms Staff willincludevolunteerlawyersandpre-lawstudents Initially, theclinicexpectstoserve120peopleperyear. .r .cor .wivictimsvoice.or estorativejustice.or r . .state.mn.us/rj/documents/04- ounder .pdf .asp?docid=6395&locid=97 . g/glossar g/editions/2008/june08/star y .jsp#255 . . tingapr

THE THIRD BRANCH 2008 Fall 11 12

Fall AWARDS continued from page 3 2008 to the operation of juvenile detention centers. UW - Oshkosh Chancellor Richard H. THE THIRD BRANCH “Just doing our jobs is not enough, he Wells, left, congratulates Director of expects us to care, demands that we go State Courts A. John Voelker on above and beyond because that’s why receiving a Distinguished Alumni we’re here,” Arnold wrote in her Award at the university during a ceremony Oct. 17. The Distinguished nominating letter. Olds has worked Alumni Award is the highest award an closely with Shelter Home, which alumnus can receive from the UW- provides residence for youth in need of Oshkosh Alumni Association. It is a place to stay while awaiting court awarded to individuals who are active action, but do not require being placed in their professional field and are in detention. The Wisconsin Juvenile widely recognized for their career Detention Association oversees the accomplishments. Voelker graduated organizations that are a part of the from UW-Oshkosh with a bachelor’s degree in political science in 1987.

juvenile justice system. Photo credit: UW - Oshkosh

Justice Annette K. Ziegler presents a Winnebago County Safe Streets Drug Court graduate with a certificate and a coin. The justices attended the graduation celebration while in Oshkosh for the Justice on Wheels program. Judge Scott C. Woldt looks on; Judge Barbara Hart Key is seated at left. Photo credit: Oshkosh Northwestern Justices attend drug court graduation hile the Supreme Court justices were in Oshkosh for graduated before the Supreme Court. Wthe Justice on Wheels program, they had the According to the Northwestern, the justices handed out the opportunity to participate in a graduation ceremony for the certificates of program completion, as well as coins Winnebago County Safe Streets Drug Court program, the inscribed with the Serenity Prayer and the words “Unity. Oshkosh Northwestern reported. Service. Recovery.” The Oct. 7 ceremony was the fourth graduation held since The justices’ participation in the ceremony was very the program’s inception in 2006. The drug court creates an meaningful to all those involved, Winnebago County Circuit alternative to incarceration for some non-violent offenders Court Judge Barbara Hart Key told the paper. who have substance abuse problems. Participants are “They were celebrating their success. And to have the required to attend drug counseling, submit to random drug Supreme Court come in and present them their certificate, I tests and maintain steady employment. In all, ten offenders think that will be something they’ll remember for the rest of have graduated from the program, including the four who their lives,” Hart Key was quoted as saying. Photo credit: Oshkosh Northwestern The state Supreme Court conducted oral arguments in six cases in Oshkosh as part of its Justice on Wheels program in October. The outreach project began 15 years ago; since then, the Court has traveled at least once during each term. clerk’s office. Sheis mostproudofthefullservicefamily she hasseeninthecourtsystem duringhertimeinthe who servedontheboardwithEvenson duringthe1990s. more difficult,” saidCountyBoardChairmanJimDwyer, losing herfromthegovernment altogether willbeeven lost Carolynfromthecountyboard wasdifficult butnow as atruedepartmentheadincountygovernment.Having Waukesha CountyBoard. previously servedaschairofthefinancecommitteeon government officials alike. appreciation andadmirationfromcourtcounty clerk ofcourt,CarolynEvensonhasretiredwith Carolyn Evensonretires Waukesha CountyClerkofCourt Legislative Committee. Criminal SectionoftheJudicialConference,and Judicial Council,CriminalJuryInstructionCommittee, Criminal SentencingInstitute.Hehasalsoservedonthe advisor fortheNationalJudicialCollege,andfacultyof associate deanofthe Wisconsin JudicialCollege,faculty and deputychiefjudgeofDistrict Three, andhasservedas Committee’s Judgeofthe Year. Heisaformerchiefjudge national attention. with sexualassaultandchildenticement. The trialreceived the formerGreenBayPackerstightendwhowascharged Eastern Districtof Wisconsin. practice attorneyandastheassistantU.S.for for Waukesha County. Hehasalsoworkedasaprivate to hisappointment,heservedasassistantdistrictattorney He waselectedin1984,1990,1996,2002,and2008.Prior served onthe Waukesha Countybenchfor25years. RETIREMENTS In 2004,GempelerwasnamedtheBenchandBar Gempeler presidedoverthe2001trialofMarkChmura, Gempeler wasappointedbythen-Gov. Tony Earlin1983. Evenson saidthattechnologyhas beenthebiggestchange “As theclerk,Carolynhasraisedbarforperformance Evenson, whowasappointedtothepositionin1999,had After servingalmosttenyearsas Waukesha County continued frompage 5 Circuit Court,looks on.EvensonretiredOct.31. Courthouse. Judge JamesR.Kieffer, Waukesha County appreciation eventheldSept.4at theWaukesha County presented the1921phototoEvenson duringajuror in Wisconsin. Waukesha County BarPresidentDanHabeck framed copyofaphotographthe firstwomenjurorstoserve Waukesha CountyClerkofCourtCarolynEvensonaccepts a golf more. grandchild inCanada.Shealsohopestotravel,write,and retirement. Shehasplannedatriptomeetherfirst people,” shesaid. blessed toworkwithfabulous,genuineandtalented new thingshasbeenveryrewarding,andIhave said everydayhasbeenalearningexperience.“Learning her retirement.” state PPAC committee. We willdefinitely suffer alosswith discretion onourCriminalCoordinatingCouncilanda fully engagedinthecourtsystem.Sheservedwith Davis, Waukesha CountyCircuitCourt.“Shehasbeen and professionalclerkofcourts,”saidChiefJudgeJ.Mac implemented sinceshecameonboard,Evensonsaid. self-help centerandassociatelegalclinicthathavebeen Evenson saidshehasnothadtimetomakeplansforher Evenson, whosebackgroundisineducationandbusiness, “Carolyn hasbeenaverywell-prepared,hard-working reception. Marcus spokeatthe Commissioner Sandra Judge) and Grau (nowChief Judge GregoryE. County CircuitCourt plaque. Marathon presented Bainwitha Walsh Bradley Court Justice Ann Wisconsin Supreme on thebench. resigned after 11 years Circuit Court,who Marathon County Dorothy Bain, former ChiefJudge on Oct.12tohonor receptionwasheld A

THE THIRD BRANCH 2008 Fall 13 14

Fall NEW FACES 2008 Madden to fill vacancy in clerk’s office administrative assistant in District Eight.

THE THIRD BRANCH Kathy Madden will serve the remainder of the term of retiring Waukesha County Clerk of Court Carolyn Evenson Court Operations gets new AIM (see Retirements on page 13). Over the past four years, project coordinator Madden has served as a program and project analyst in the Danielle LeMieux is the Assess, Inform, and Measure Waukesha County Circuit Court, and more recently as a (AIM) project coordinator in supervisor in the Clerk of Court’s Office. She also the Office of Court previously served as deputy clerk in the Waukesha juvenile Operations. The AIM program court. Madden has a bachelor’s degree in management and helps judges consider key business from Ottawa University, and is currently working factors in determining whether toward her master’s degree in that field. She started her new an individual should be position on Nov. 1. incarcerated or is appropriate to be safely diverted from a New court reporters, assistant named jail or prison sentence, based Three court reporters and one judicial assistant have on proven effectiveness of started work for new judgeships created this past spring. treatment resources available Staci Lundmark is working in Barron County Branch 3, in the community. LeMieux under Judge James D. Babbitt. Connie Dillon, who was provides hands-on assistance Danielle LeMieux formerly Tenth District court reporter, is now in Chippewa to the pilot counties, plans County Branch 3, where Judge Steven R. Cray presides. meetings and coordinates all aspects of the AIM project. Erin Gilkison is serving in St. Croix County, Branch 4, with LeMieux, who grew up in Appleton, attended the UW- Judge Howard W. Cameron. Karin McClelland is now the Madison where she received her undergraduate degree in digital court reporter for Judge Edward F. Vlack III in St. political science and legal studies. She lives in Madison. Croix County, and Vicki Kasten has taken over as Tenth District court reporter. Abby Villars is the new district

Summit continued from front page The event focused on collaboration among courts, tribes must find a way to truly collaborate to produce the best and social service agencies and improving the way abused outcomes for children and families. My hope is that this and neglected children’s cases are handled with the goal of summit creates a dialogue, where we confront barriers to reducing delays in securing safe, permanent homes for change and work together across governments and cultures children in foster care. to start looking at our systems though the eyes of children.” Wisconsin Supreme Court Chief Justice Shirley S. Providing the closing presentation at the Summit was Abrahamson, Gov. Jim Doyle and Former Stockbridge- Geoffrey Canada, author of “Fist, Stick, Knife, Gun: A Munsee Tribal Chief Judge David Raasch helped kick off Personal History of Violence in America” and “Reaching Up the unprecedented statewide conference. for Manhood: Transforming the Lives of Boys in America.” “There is no more important legacy we can leave than to Canada has become nationally recognized for his pioneering ensure that a child grows up in a safe and permanent home,” work helping children and families in Harlem, N.Y. Abrahamson said. “Despite professional differences, we Topics addressed at the summit included Indian child welfare legal and cultural issues, evidence-based practice relating to brain development research, disproportionality of children of color in Wisconsin’s child welfare system, and effective permanency planning strategies. A panel of five former foster youth also shared their personal experience in the Wisconsin child welfare system. Judge Christopher R. Foley, Milwaukee County Circuit Court, and Denise Revels Robinson, Director of the Bureau of Milwaukee Child Welfare, served as program chairs for the event by taking a leadership role on the planning committee and introducing speakers. The summit was inspired by a national conference on child abuse and neglect attended by Abrahamson in 2005 and was made possible by the Children’s Court Improvement Program, a federal grant awarded by the U.S. Department of Health and Human Services, Children’s Bureau, and the newly created Author Geoffrey Canada, who was a presenter at the summit, signs copies of his books. State Department of Children and Families. 15

Fall Mental-health initiative aims to improve 2008

criminal justice system THE THIRD BRANCH isconsin is one of four states selected by the Council persons with mental illness involved in the criminal justice Wof State Governments (CSG) to participate in the system,” said Corrections Secretary Rick Raemisch. Chief Justices’ Criminal Justice/Mental Health Leadership The task force will be charged specifically with Initiative, a project aimed at improving the criminal justice researching and evaluating evidence-based intervention system’s response to people with mental illness. processes that can be implemented early in an effort to During the next year, Wisconsin Supreme Court Chief divert appropriate individuals with serious mental illness Justice Shirley S. Abrahamson will convene and chair a away from the costly and sometimes ineffective criminal statewide task force consisting of a wide range of criminal justice system and into the treatment system. justice system stakeholders and mental health professionals. The task force will receive funding and technical “Many inmates have mental illnesses, and to improve assistance from the CSG Justice Center and National public safety, we need to improve treatment options for GAINS Center, two nonprofit organizations that coordinate people with mental illnesses. Doing so will not only the initiative. The task force will also participate in a CSG improve public safety, but also allow for more efficient use Justice Center-convened policy forum with their of taxpayer dollars. Improving the criminal justice system’s counterparts from three other states selected – Idaho, New response to people with mental illness may help ease jail Hampshire, and Delaware. and prison overcrowding and reduce recidivism rates,” The policy forum will be held in Philadelphia on Jan. 8-9, Abrahamson said. 2009 and will provide an opportunity to develop a strategic According to a U.S. Department of Justice study, more plan for the initiative and learn how other states are than half of all prison inmates, including 56 percent of state addressing criminal justice-related mental health issues. prisoners, 45 percent of federal prisoners and 64 percent of Support to the state task forces is made possible through local jail inmates, reported having mental health problems. grants from the JEHT (Justice, Equality, Human dignity and Wisconsin is no exception. These individuals sometimes Tolerance) Foundation and the Conrad N. Hilton leave and return to incarceration through a “revolving door” Foundation. Funding for the planning phases of this project without getting treatment. was provided by the U.S. Justice Department’s Bureau of During the past 15 years, Wisconsin has experienced Justice Assistance and the U.S. Department of Health and unprecedented growth in prison, jail and community Human Services’ Substance Abuse and Mental Health correction populations. The prison population has doubled Services Administration. during the past decade, and adult correctional facilities are operating over capacity. County jails are being used for The Council of State Governments Justice Center is a “overflow” of about 900 adult males, according to the national nonprofit organization that serves policymakers at Wisconsin Department of Corrections, which will be a the local, state, and federal levels from all branches of partner in the project. government. The Justice Center provides practical, “The Department of Corrections is pleased to be nonpartisan advice and consensus-driven strategies, partnering with Chief Justice Abrahamson and others to informed by available evidence, to increase public safety develop a collaborative strategy that addresses the issue of and strengthen communities.

Initiative continued from front page 4) measure the impact and enhance accountability. Spending on corrections has risen faster over 20 years than spending on nearly any other state budget item – increasing from $10 billion to $45 billion a year in states nationwide, according to the Center. “Unless policymakers act, state spending on corrections will grow by at least $20 billion over the next five years,” the center estimates. Wisconsin will join nine other states already selected to participate in the program, including Arizona, Connecticut, Kansas, Michigan, Nevada, Pennsylvania, Rhode Island, Texas and Vermont. The Justice Reinvestment Initiative is just one of several efforts that have recently brought Wisconsin national Wisconsin Supreme Court Chief Justice Shirley S. Abrahamson recognition for taking innovative approaches to delivers her State of the Judiciary Address at the 2008 Annual administering justice, Abrahamson said in her remarks. Meeting of the Wisconsin Judicial Conference. More than 300 judges and state court staff members attended the conference, which was held at the Madison Marriott West. A copy of Abrahamson’s remarks, as well as those of Director of State Courts A. John Voelker, can be found on the Wisconsin Court System’s Web site. 16

Fall New Chief Judges named 2008 he Wisconsin Supreme Court has selected circuit court deputy chief judges to assist in the

THE THIRD BRANCH Tjudges from Milwaukee and Wausau to serve as new chief administration of the district. judges for their respective judicial administrative districts. In Wausau, Judge Gregory E. In Milwaukee, Deputy Chief Judge Jeffrey A. Kremers Grau was appointed to succeed was appointed to succeed Chief Judge Kitty K. Brennan, Chief Judge Dorothy L. Bain, who recently was appointed to the Court of Appeals. who resigned from the bench due Kremers has served as a deputy chief judge since 2005, and to health concerns. A Marathon is currently presiding judge in the county’s Felony Division. County Circuit Court judge since He has been on the bench in Milwaukee County since 1992. 1995, Grau is a former presiding “I am honored by this appointment, and I look forward to judge who also served as deputy the challenges of leading the state’s largest trial court,” chief judge in District Nine. Kremers said. “The First District, under the leadership of “District Nine is known for its Chief Judge Brennan and Chief Judge Michael Sullivan innovations, and its ability to Judge Gregory E. Grau before her, has implemented a develop programs that are broad array of programs designed replicated across the state,” Grau said. “From training to improve how we serve the courtroom language interpreters to improving services to public. Our process for handling people who represent themselves in court, the Ninth domestic abuse cases is a District has been on the leading edge as we work to make national model, and our work to our justice system the best it can be. I have been proud to improve the foster care system be a part of that, and am honored to lead the district.” and move children into The Ninth Judicial District encompasses the circuit courts permanent homes is changing in Florence, Forest, Iron, Langlade, Lincoln, Marathon, lives and strengthening families. Menominee, Oneida, Price, Shawano, Taylor and Vilas A more recent initiative, the counties. Grau’s appointment runs through July 31, 2010. Business of the Courts program, Vilas County Circuit Court Judge Neal A. “Chip” Nielson III helps improve our will continue to serve as deputy chief judge for District Nine. communication with individuals Judge Jeffrey A. Kremers The new chief judges each will initially serve the from business, government and remainder of their predecessor’s term and are eligible to non-profits. There is much to build upon and there are many serve a maximum of six years in this leadership role. new ideas to explore.” In District Three, Jefferson County Circuit Court Judge The First Judicial District encompasses only Milwaukee Randy R. Koschnick has been appointed deputy chief judge County. Kremers’ appointment runs through July 31, 2009. to replace retiring District Three Deputy Chief Judge Joseph Milwaukee Circuit Court judges Maxine A. White and David D. McCormack (see Retirements on page 5). Allen Hansher have been appointed by Kremers to serve as

State Law Librarian Co-Authors Legal Research Book By Connie Von Der Heide, State Law Library he W.S. Hein Co. has and other new Tannounced the publication of sources. Basic “Legal Research in Wisconsin,” research tools are second edition. Authors are Ted discussed with an Potter, University of Iowa Law eye toward showing Library (formerly at Marquette their best uses in University Law Library); Mary locating useful Koshollek, Godfrey & Kahn; Bill information. It Ebbott and Sunil Rao, both at remains a guide for University of Wisconsin Law attorneys, judges, Library; and Jane Colwin, State paralegals, law Law Librarian. librarians, students The first edition was written by and others needing Jane Colwin Richard A. Danner and published ready access to by the UW - Extension Law Department back in 1980. The information publisher’s abstract for the second edition states: “This new contained in edition continues to offer a comprehensive reference tool Wisconsin legal about legal research in Wisconsin. It revises and updates materials.” A copy chapters and also expands them to include electronic tools of the book is available at the State Law Library. 17

Chief Justice Fall Shirley S. Abrahamson 2008 Director of State Courts A. John Voelker THE THIRD BRANCH Co-Editors Tom Sheehan Amanda K. Todd Associate Editor Justice Patience Drake Roggensack Sara Foster explains the work of the Wisconsin Supreme Court to a group of fourth Contributing Writers graders from Lewiston Elementary Shelly Cyrulik School in Portage. The group visited Sara Foster the Supreme Court Hearing Room Michelle Jensen-Goodwin after touring the state Capitol in Catherine Hall September. Tom Sheehan Amanda Todd Connie Von Der Heide A. John Voelker The Third Branch Ann Zimmerman Editorial Committee Hon. Michael J. Rosborough Vernon County Circuit Court Carolyn Olson Iowa County Clerk of Circuit Court

Graphic Design/Layout Sara Foster

The Third Branch is a quarterly publication of the Director of State Courts Office, providing news of interest to the Wisconsin court system.

Send questions, comments, and article ideas to: Justice N. Patrick Crooks, met with a group of Wisconsin teacher-education students at the Capitol during Tom Sheehan September. The students, who are preparing to become middle- and high-school social studies teachers, Court Information Officer participated in a moot court exercise in the Supreme Court Hearing Room. Also with the group were Jeff P.O. Box 1688 Brown of the State Bar of Wisconsin, Margaret Maroney, of the Office of the State Public Defender, and Madison, WI 53701-1688 Diana Hess, of the UW-Madison School of Education. phone (608) 261-6640 PEOPLE continued from page 8 e-mail [email protected] “Lest the Legislature view expense as reason not within 12 months of release. But it was 55 percent fax to embark on reform, we’d note that treatment for those who had not gone through the program. (608) 267-0980 programs could alleviate some of those costs by “Yes, incarceration is appropriate when preventing recidivism, and deterrence could reduce warranted, but treatment, in tandem or solo, pays costs as well. The state in any case, should not more dividends than does pure punishment. And it shirk the obligations that accompany dragging its all comes with a price tag,” the editorial said. drunken driving laws into the 21st century. And it Chief Judge Jeffrey Kremers, Milwaukee must not mandate that judges sentence to jail or County Circuit Court told the paper that prison if treatment will accomplish the same goal: Milwaukee County could use 20 slots a day for preventing a person from reoffending,” the Journal treatment but now has just three slots a day Sentinel opined. available. “And that’s under current caseloads,” the Waukesha County’s Alcohol Treatment Court, newspaper emphasized. founded by Judge Kathryn W. Foster is cited in The Associated Press has reported that Jefferson the editorial as a model program – a notion County Circuit Court Judge Randy R. Koschnick echoed by Waukesha County District Attorney will challenge Chief Justice Shirley S. Abrahamson Brad Schimel. for the Supreme Court seat in April 2009. “The savings come in forgoing higher costs for Koschnick, 48, received his law degree from jail days; kids don’t get placed in foster homes; Hamline University in 1985. He was elected to the collateral fees are collected; people keep jobs and Jefferson County Circuit Court in 1999 and reelected get jobs while in the program,” the editorial said. in 2005. He has previously served as an assistant The Journal Sentinel cites a study of treatment state public defender. Koschnick was recently program participants in prison, which showed a 25 appointed deputy chief judge of District Three. www.wicourts.gov percent incarceration rate among participating males