TheThe ThirdThird BranchBranch A PUBLICATION OF THE WISCONSIN JUDICIARY Vol. 8, No. 2 www.courts.state.wi.us Spring 2000 Clark is Clerk of Supreme Court/Court of Appeals n early April, the Wisconsin Supreme processing of matters from the time that they are filed with each ICourt appointed Cornelia G. Clark to be court until their ultimate disposition. The clerk also supervises a clerk of the Supreme Court and Court of staff of 15 employees. Appeals. Clark had been acting clerk since Clark’s tenure with the court system began in 1976 when she the retirement of Marilyn L. Graves, who joined the Director of State Courts Office as a receptionist and then stepped down in January after serving as became the judicial assignment assistant. Clark transferred to the clerk for 23 years (see story in The Third Clerk’s Office in 1980, serving first as a deputy clerk from 1980 to Branch, winter 2000). 1991 and then as chief deputy from 1991 until Graves’ retirement The clerk of the Supreme Court and when Clark was named acting clerk. Court of Appeals is the custodian of all Clark received her bachelor’s degree (cum laude) from Upper Wisconsin appellate court records and is Iowa University and is currently enrolled in the Certified Public Cornelia G. Clark responsible for the supervision and Manager Program through the University of Wisconsin-Madison. ❖ Legislature Acts on Crime Foster, Troy Are New Prevention Donations Chief Judges he Supreme Court on April 26 appointed Judge Kathryn W. by: Sheryl A. Gervasi TFoster, Waukesha County Circuit Court, and Judge Joseph Legislative Liaison M. Troy, Outagamie County Circuit Court, as chief judges of their he word most commonly used to describe the state of the 1999 respective districts. Foster will serve in the Third Judicial District, TLegislature was ‘gridlock’.The regular session ended with very which encompasses Jefferson, Ozaukee,Washington, and Waukesha few bills passing both houses. As of late April, there were 105 laws counties. Troy will serve in the Eighth Judicial District, which enacted and another 84 Senate and Assembly bills awaiting the gov- encompasses Brown, Door, Kewaunee, Marinette, Oconto, ernor’s signature. That compares with 338 laws enacted in the 1997 Outagamie, and Waupaca counties. legislative session. Among the bills recently signed by the governor Foster replaces Chief Judge Mark S. Gempeler, who has served are the following: the maximum six years, and Troy replaces Chief Judge Philip M. AB 211 (Act 58) provides that all crime prevention donations Kirk, who also has served the maximum term. be received and disbursed by the clerk of court, that the organiza- In addition, the Court re-appointed Chief Judge Daniel R. tions file annual reports with the court, that charges not be Moeser, Dane County Circuit Court, who has led the Fifth Judicial amended or dismissed in lieu of a donation, and that the court, District since 1994. The Court extended his service beyond the when assessing a donation but not a fine or forfeiture, state on the regular three-term limit to permit him to continue leading record the reasons why no fine or forfeiture is being imposed. negotiations on the siting and construction of a new Dane AB 387 (Act 69) defines “crime prevention organization” as County Courthouse. either a non-profit organization that has as its primary purpose The Court also re-appointed the following circuit court judges preventing crime or a law enforcement agency that has a crime pre- to two-year terms: Michael J. Skwierawski, Milwaukee County vention fund that the contribution could be credited to and used (District I); Barbara A. Kluka, Kenosha County (District II); James for crime prevention purposes. Evenson, Sauk County (District VI); and James B. Mohr, Vilas AB 671 (Act 71) prohibits collection of fees in harassment, child County (District IX). abuse, or vulnerable adult restraining order and injunction actions Wisconsin is divided into 10 districts for purposes of judicial if the petition alleges conduct that is similar to stalking under administration, and each district is led by a chief judge, a deputy Wisconsin Statutes Section 940.32. chief judge (appointed by the chief judge), and a district court administrator. The judges handle their administrative duties in continued on page 11 addition to their regular caseloads. ❖ Supreme Court Set to Act on Proposed BAPR Rules he Wisconsin Supreme Court is review- Ting comments submitted on the In Brief: proposed Supreme Court Rules (SCRs) con- cerning the state lawyer regulation system New Lawyer Regulation Framework and plans to meet in open conference on May 19 to discuss the proposed rules. The n January, the Wisconsin Supreme Court voted to pursue a new framework for attor- deadline to submit comments was May 3. Iney discipline that would divide the responsibilities of the current Board of Attorneys SCR Chapters 21 and 22 were redrafted Professional Responsibility between two 12-person boards—the Probable Cause Body at the request of the justices after they and the Board of Administrative Oversight. The following diagram outlines the frame- reached unanimous agreement on a tentative work of the lawyer regulation system based on proposed Supreme Court Rules Chapters new framework for an attorney discipline 21 and 22. system to replace the Board of Attorneys Professional Responsibility (BAPR). These draft rules—which have not been adopted by Office of Lawyer Regulation: The office would be the Supreme Court—were released for responsible for screening, investigating, and prose- review and comment by interested persons. cuting cases. The director, appointed by and serving Board of The Court has specifically called atten- at the pleasure of the Court, would investigate attor- Administrative tion to the following provisions of the ney misconduct and medical incapacity allegations Oversight: proposed rules: and present results to the Probable Cause Body. Staff A 12-person board would include intake and investigative staff and appointed by the • the size of the probable cause body (it staff counsel. Supreme Court and would sit in panels of three); composed of at least • the definition of “probable cause;” one-third non-lawyers. • the procedure for treating a grievance District Investigative Committees: Sixteen Court- The Board would made against a person working in the appointed committees, each composed of at least monitor the fairness lawyer regulation system; and one-third non-lawyers, would investigate certain cases. and efficiency of the • the review of dismissals of grievances at attorney regulation request of a grievant. system, and would Probable Cause Body: A 12-person Court-appointed propose substantive The proposed rules do not include spe- body made up at least one-third non-lawyers. The and procedural rules cific provisions for an intake function, which body would review results of investigations to deter- related to the system would make use of alternatives to discipline mine probable cause for the director to proceed. for consideration by in cases where the infraction did not rise to the Court. The Board a level warranting formal discipline. These also would be charged matters will be addressed in rules to be pro- Referee: A court-appointed panel of attorneys and with reviewing the posed by BAPR Administrator James Martin reserve judges who would make findings of fact, con- operation of the and presented at a public hearing. clusions of law, and recommendations for Supreme district committees District investigative committees would Court review and appropriate action. and submitting a be made up of lawyers and members of the recommendation public. In the order adopting the final to the Supreme rules, the Court will direct the newly Wisconsin Supreme Court: The Supreme Court Court concerning created Board of Administrative Oversight would determine attorney misconduct or medical their continuation. to review the district investigative com- incapacity and impose discipline or appropriate mittees within three years and submit a action. recommendation for continuing those committees, modifying them, or terminat- ing them. The order adopting the rules will also provide for a formalized orientation of district investigative committee members Intake Process: BAPR Administrator James Martin will propose an intake func- and uniform guidelines. ❖ tion that would use alternatives to discipline in cases of minor infractions. The proposed rules and related documents are available on the Wisconsin court system’s Web site at www.courts.state.wi.us/bapr/ baprproprules.htm, or may be obtained from the Office of the Clerk of the Supreme Court by calling (608) 266-1880. 2 THE THIRD BRANCH •SPRING 2000 Election Results Voters Place Seven New Circuit Judges on the Bench Judge Jon M. Counsell he 19th century writer and politician Benjamin Disraeli Clark County Circuit Court Tobserved that finality is not the language of politics. In spite Judge John M. Counsell, whom of the well-documented advantages of incumbency, Disraeli’s Governor Tommy Thompson appointed to words rang true in at least two races on Election Day 2000. Voters the Clark County bench in September (see denied one appointee a full term, and returned an incumbent to story in The Third Branch, fall 1999), hand- the bench by a margin of 65 votes. The results in all the contested ily won election to the seat. Counsell was races are listed below. opposed by Charles Senn, a Thorp attorney who had applied for the appointment as Justice Diane S. Sykes well. Senn garnered 2,453 votes to Wisconsin Supreme Court Counsell’s 4,807. Justice Diane S. Sykes, whom Governor Following his appointment, Counsell Judge Jon M. Counsell Tommy Thompson appointed to the undertook an energetic public outreach Supreme Court in September 1999 (see campaign that included holding court pro- story in The Third Branch, fall 1999) won a ceedings in a high school located 30 miles from the county seat.