The Third Branch, Fall 2008
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Vol 16 No 4 H I G H L I G H T S Fall 3 Wisconsin 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 Wisconsin Supreme Court, 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. Jim Doyle, 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.