TheThe ThirdThird BranchBranch A PUBLICATION OF THE WISCONSIN JUDICIARY Vol. 8, No. 4 www.courts.state.wi.us Fall 2000 State of the Judiciary Calls Upon Judges, Court Staff to be Leaders pilot project in Milwaukee County helps to collar defendants “In the day-to-day work…we might lose sight of our role as Awho skip their court appearances, ensuring that cases do not leaders on the bench and off the bench for fair and impartial justice, slip through the cracks. Two hundred miles away, in rural for access to the courts, for an effective and efficient system pro- Trempealeau County, an innovative program gives the courts more viding equal justice for all,” Abrahamson said. “As judicial leaders options for offenders sentenced to perform community service, and we must tell the people we serve about our strengths and acknowl- a better way to track their work. The program benefits the com- edge the shortcomings in the judicial system and try to correct munity and gets minor lawbreakers back on the right path. them. That’s the way to maintain public trust and confidence.” These programs and others like them are being developed in Abrahamson discussed what she called the five principles of judi- counties across the state. The common thread is the leadership of cial leadership: recognizing problems and identifying creative judges and court staff who see a problem and envision a solution. solutions; bringing together diverse groups to work towards a shared In her annual State of the Judiciary Address, Chief Justice Shirley vision; fostering collaboration among parties that must participate S. Abrahamson highlighted the achievements of judges and court in order for a program to work; turning words into action; and cel- staff who have enhanced court services through innovations at both ebrating success by sharing lessons learned so that innovations can the state and county level. She then challenged the audience of more be replicated. The toughest step for judges, she acknowledged, might than 200 judges and staff to become leaders in improving the be taking action in these administrative matters. administration of justice. continued on page 19 Lundsten Appointed to Court of Appeals Inside ssistant Employment, Consumer Protection, and AAttorney Criminal Appeals units. The vast majority of Public Trust & General Paul the approximately 400 cases he handled were Confidence Plan . 2 Lundsten, who criminal matters. From 1988 to 1999, he worked for the served on the governor’s Pardon Advisory Judicial Selection Department of Board, which advises Gov. Tommy Task Force . 3 Justice since Thompson on clemency applications from he graduated people convicted of crimes. Court Interpreting . 4 law school in He was the recipient of the 1992 “United 1983, has been States Supreme Court Best Brief Award” Court Improvement Judge Paul Lundsten appointed to from the National Association of Attorneys Program . 8 the Court of General for his work before the U.S. Appeals, District IV. He began in the new Supreme Court on Wisconsin v. Mitchell,a Legislative Update . 8 position on Nov. 6 and will seek election to hate crimes case. the post in April 2001. Lundsten was one of three finalists for State/Federal Grants He replaces Judge William Eich, who the appointment. The others were Maureen for Wisconsin . 10 retired effective Oct. 1 after serving 26 years McGlynn Flanagan, also an assistant attor- Retirements . 15 on the bench. ney general, and Paul W. Schwarzenbart, Within the Attorney General’s Office, with the law firm of Lee, Kilkelly, Paulson Lundsten worked in the Medicaid Fraud, & Younger. ❖ Action Plan on Public Trust and Confidence in the Wisconsin Justice System is Released n the left are the words of former litigants and jurors, former offenders and their families, and “Court personnel OWisconsin residents who par- several randomly selected individuals who may or may not have speak in monotone ticipated in a project to examine the had experience with the courts. They were asked questions about voices about matters state of public trust and confidence court process and environment, cost and access issues, race and severely critical to in the justice system. A plan recom- class bias concerns, and how the system could be improved. our lives, without mending actions to address issues Based on research as well as findings from the focus groups, the showing a great such as equal treatment, judicial committee’s action plan recommends strategies to improve public concern for involvement in the community, sat- confidence in the courts. The plans addresses five areas: the impact of isfaction with the juvenile justice • equal treatment in the justice system; their judgments.” system, and more was released at the • judicial/attorney involvement in the community; Wisconsin Judicial Conference • satisfaction with the juvenile justice system; “I would trust on Oct. 27. • Wisconsin courts “We have confirmed that we are empathy in the justice system; and more than any other doing some things very well. Most • selection and treatment of jurors. citizens, for example, are confident court system.” The steering committee also recommends convening a leader- that the Wisconsin justice system is ship forum in 2001 to bring together leaders of the judiciary, the free from overt bias and dishonesty,” organized bar, law enforcement, local government, and commu- “Police, and said Chief Judge Joseph M. Troy, nity groups to discuss strategies for carrying out the action plan. others in the system, chair of the Public Trust and “The responsibility for increasing trust and confidence in the should be more Confidence Steering Committee that judicial system,”Troy said,“rests most squarely with those of us who active in the com- developed the action plan. “It is work in the system.” ❖ munity. If they humbling, however, to learn of the came to community deep alienation felt by some citizens Public Trust & Confidence in the Justice System, The Wisconsin events, other than and to realize how ineffective we Initiative Action Plan is available on the Wisconsin court system Web during election time, have been in educating the public site at www.courts.state.wi.us, under “What’s New.” For more infor- I’d trust them about their system of justice.” mation, contact Executive Assistant to the Chief Justice John Voelker more.” The initiative began in response to at (608) 261-8297 or Trina E. Gray, public affairs coordinator for the a national conference and studies of State Bar of Wisconsin, at (608) 250-6025. “Our juvenile public confidence in the justice system doesn’t know system. Chief Justice Shirley S. what it’s supposed Abrahamson, Director of State to be doing. Does Courts J. Denis Moran, the State Bar The Wisconsin Initiative it punish? Does it of Wisconsin, and the Wisconsin rehabilitate? No League of Women Voters developed Steering Committee Members one knows.” Public Trust and Confidence in the Justice System: The Wisconsin Chief Justice and Director of State Courts Appointees Initiative, and each appointed mem- Chief Judge Joseph M. Troy, Outagamie County Circuit Court “The jury system is bers to the 10-person steering (chair) Judge Carl Ashley, Milwaukee County Circuit Court hard on people who committee (see sidebar) that was work. I am a solo Judge Patience D. Roggensack, Wisconsin Court of Appeals, charged with researching and identi- District IV veterinarian. I had fying issues concerning public trust Clerk of Circuit Court Claudia Singleton, Jackson County to arrange for and confidence, gathering input another vet to cover from public focus groups, and creat- State Bar of Wisconsin Appointees my clinic and I had ing a public trust and confidence Attorney Derek C. Mosley, assistant district attorney, Milwaukee County to pay him for the action plan. The study was funded by day so I could Attorney Eileen A. Hirsch, assistant state public defender, Appellate the American Bar Association and Division Office, Madison report for jury duty. the State Bar of Wisconsin. Attorney/Milwaukee County Supervisor Thomas A. Bailey, Bailey I ended up not After identifying 12 issues that Law Offices getting called— create barriers to public trust and but I still had to confidence, the committee arranged Wisconsin League of Women Voters Appointees Deb Augustyn, Fond du Lac County League of Women Voters pay for someone for five focus group studies to be held to cover my Melanie Ramey, Dane County League of Women Voters in Milwaukee (two), La Crosse (one), Attorney Cheryl Daniels, Dane County League of Women Voters business.” and Appleton (two). More than 50 people participated, including 2 THE THIRD BRANCH •FALL 2000 Judicial Selection Committee Prepares to Submit Report approximately half of those currently on the bench were initially appointed by the governor to fill a mid-term vacancy. This system has built a well-qualified, but not diverse, judiciary. To address this issue, the Legislature in the 1999-2001 budget bill created a nine-member Committee on Judicial Selection. It charged the committee with finding ways to increase the number of qual- ified minority candidates for judgeships. Specifically, the committee was asked to study judicial subdistricts and other methods of judge selection that would result in increased racial and ethnic diversity of the state’s judges. To determine where people of color are encountering detours, the committee is looking at the path between high school, college, law school, law practice, and the bench. It has examined research Professor Charles D. Clausen, Marquette University Law School, explains research on how selection methods change the diversity of the judiciary. Clausen suggesting that judicial selection methods do not alone explain the serves as research reporter for the Judicial Selection Committee, of which Judge lack of minority representation on the bench, and is exploring other Maxine A. White (seated next to Clausen) is chair.