Spring2002

H I G H L I G H T S

Conference CommitteeContinues Work onBudget Billby Deborah Salm, budget officer

Both the Assembly and Senate havepassed amended versions of the

governor’s budget reform bill. A confer-ence committee is now working onresolving the differences between thetwo versions. The members of the con-ference committee are Senators ChuckChvala (D-Madison); Russell Decker(D-Schofield); Robert Jauch (D-Poplar);and Mary Panzer (R-West Bend); andRepresentatives Scott Jensen (R-Waukesha); Steven Foti (R-Oconomowoc); John Gard (R-Peshtigo);and Spencer Black (D-Madison).

While the courts’ budget pictureremains unclear, it appears certain thatthe Director of State Courts Office andthe Wisconsin State Law Library will berequired to lapse the equivalent of 3.5percent of their appropriations in 2001-02 and either 6 percent (Senate version)or 6.5 percent (Assembly version) in2002-03. These percentages equate to atotal cut of about $660,000.

The savings will be achieved in partby following the cost-saving measuresthat the Supreme Court approved onSept. 19, 2001. These include a morato-rium on reimbursement for any out ofstate travel for judges and staff at allthree levels of court; increased use of

The Supreme Court, at rules hearingsheld April 17 and 18, listened to

testimony from judges and clerks ofcircuit court on several hot topics. TheCourt issued several orders.

Code of Ethics for InterpretersThe Court

adopted, effective July1, a code of ethics forcourt interpreters asproposed by theCommittee toImprove Interpretingand Translation in theWisconsin Courts.The code isconsidered a keycomponent of thecourt system’s effortto improveinterpretation servicesfor litigants who aredeaf or not fluent inEnglish.

According to theU.S. census, between1990 and 2000Wisconsin’s Hispanic and Asianpopulations doubled. Many otherimmigrant populations also grew, andcontinue to grow, at a rapid rate. As aresult, the Wisconsin courts increasinglymust find qualified interpreters who can

speak not only Spanish and Hmong, butalso Russian, Laotian, Vietnamese,Punjabi, Hindi, Arabic, Somali, Polish,and more.

“These are all languages for which Ihave had to find interpreters on morethan one occasion, and Milwaukee

County is not alonewith respect to this,”said Judge Elsa C.Lamelas, chair of theinterpretingcommittee. Lamelastold the Court that theinflux into the trialcourts of non-Englishspeaking people isone of the moreurgent problems thatthe justice system isconfronting.“Language is the toolof the courts, [and]English is thelanguage of thecourts,” she said.“Participants in courtproceedings –

whether they be the litigants, the parties,or the witnesses – do not necessarilypossess a sufficient degree ofproficiency in … English tocommunicate with the court or to

3 Judges Honored4 2002 Election Results5 New Faces8 Waukesha Court Self-Help Center

10 GPS for Inmates11 Volunteers in the Courts13 Courts Celebrate Law Day15 World Connects to Wisconsin

Court Acts on Interpreter Ethics, CourtReporters, Pro Se Guidance

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Vol 110 NNo 22

see Budget on page 23 see Rules on page 9

The 2001-02 Legislature finished its final regular sessionfloor period in March and conducted a limited business ses-sion during April 30-May 2. Remaining is a veto reviewsession on May 14-15.

Of the 1,400 bills introduced by the Senate andAssembly, only 100 were enacted into law. This is half thenumber enacted during the 1999 session, which was consid-ered low at that time. While the regular session is ending,the special session on the budget reform bill continues (seeseparate story). Following is a summary of some of thebills enacted at the end of the March floor period:

Act 33 – Narrows the statute prohibiting making represen-

tations of someone in the nude in a place where the personexpects privacy and without the person’s consent. TheLegislature enacted this bill in response to the WisconsinSupreme Court’s opinion in the Waukesha case of State v.Stevenson, 236 Wis.2nd (2000), involving a defendant whosurreptitiously videotaped his ex-girlfriend while she was inthe nude inside her home. The majority, in an opinion writ-ten by Justice Ann Walsh Bradley, found that the statute asoriginally enacted properly criminalized Stevenson’s behav-ior but also reached too far beyond that to prohibit all visualdepiction of nudity in the absence of express consent.

Act 42 – Broadens the grounds for a judge’s exercise of

2001 Regular Legislative Session Winds Downby Sheryl Gervasi, legislative liaison

Judge Elsa C. Lamelas, MilwaukeeCounty Circuit Court, testifies onbehalf of the proposed code of ethicsfor court interpreters, the first steptoward setting standards forinterpreters to ensure quality. “Courtinterpreting done well is a demandingprofession deserving of therecognition and respect of this Court,”Lamelas said. “Court interpretingdone poorly is an affront to justice.”

see Legislative on page 10

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The Supreme Court hasappointed Judge Gerald

P. Ptacek as chief judge ofthe Second JudicialAdministrative District. TheSecond District is comprisedof the circuit courts inKenosha, Racine, andWalworth counties. Ptacekwill assume his new admin-istrative duties on Aug. 1.He will continue to handlecases as a Racine CountyCircuit Court judge.

Wisconsin is divided into10 districts for purposes ofadministering the state courtsystem. Eachdistrict has amanagementteam consist-ing of a chiefjudge, adeputy chiefjudge, and adistrict courtadministrator.The SupremeCourtappointschief judges, and each chiefjudge appoints a deputy.

Chief judges manage theflow of cases, supervise per-sonnel, develop budgets,and meet monthly as a com-mittee to work on issues ofstatewide importance.Supreme Court Rule 70.19sets out their responsibilitiesand directs them to adjusttheir caseloads to accommo-date the increased adminis-trative workload. The chiefjudges help to manage anincreasingly complex sys-tem requiring uniformadministration while accom-modating and respectingappropriate local variance.

The district court admin-istrator and chief judge haveevolved into a critical linkbetween central and regional

procedure and policy mak-ing. Together, the director ofstate courts, the chiefjudges, and the district courtadministrators participate indeveloping and implement-ing statewide policies andprocedures. They are all inregular contact with the cir-cuit court judges, ensuringthat the judges’ views arepresented in all discussionsof statewide administrativepolicies.

Ptacek has been on thebench in Racine Countysince 1988. He has been

active in jus-tice-relatedprojects out-side thecourtroom,serving on astatewidecommittee tostudy video-conferencingin the courts,helping tooversee the

court system’s automationprogram, working on issuesrelated to legal representa-tion for children (guardiansad litem), and more.

Prior to becoming ajudge, he served as RacineCounty district attorney foreight years and worked for ashort time in private prac-tice. Before going to lawschool, Ptacek was a mathteacher.

Ptacek will be eligible toserve until 2008 (a maxi-mum of three, two-yearterms). He replaces ChiefJudge Barbara A. Kluka,Kenosha County CircuitCourt, who has served themaximum number of terms.!

Supreme Court Appoints Ptacek as Chief Judge

Judge Gerald P. Ptacek

Supreme Court Reappoints FiveChief Judges

The Supreme Court has reappointed five current chiefjudges to new terms. They are as follows:

Chief Judge Michael J. Skwierawski,Milwaukee County Circuit Court. Skwierawski over-sees administration in the First JudicialAdministrative District, which is comprised of the 47branches of the circuit court in Milwaukee County.Skwierawski is assisted by Deputy Chief JudgeMichael P. Sullivan, District Court AdministratorBruce Harvey and Deputy District CourtAdministrator Beth Bishop Perrigo.

Chief Judge Kathryn W. Foster, WaukeshaCounty Circuit Court. Foster oversees administrationin the Third Judicial Administrative District, which iscomprised of the circuit courts in Jefferson, Ozaukee,Washington, and Waukesha counties. Foster is assist-ed by Deputy Chief Judge James R. Kieffer,Waukesha County Circuit Court, and District CourtAdministrator Michael G. Neimon.

Chief Judge James Evenson, Sauk CountyCircuit Court. Evenson oversees administration in theSixth Judicial Administrative District, which is com-prised of the circuit courts in Adams, Clark,Columbia, Dodge, Green Lake, Juneau, Marquette,Portage, Sauk, Waushara, and Wood counties.Evenson is assisted by Deputy Chief Judge FredericW. Fleishauer, Portage County Circuit Court, andDistrict Court Administrator Scott K. Johnson.

Chief Judge Joseph M. Troy, Outagamie CountyCircuit Court. Troy oversees administration in theEighth Judicial Administrative District, which is com-prised of the circuit courts in Brown, Door,Kewaunee, Marinette, Oconto, Outagamie, andWaupaca counties. Troy is assisted by Deputy ChiefJudge Sue E. Bischel, Brown County Circuit Court,and District Court Administrator Kathleen M.Murphy.

Chief Judge James B. Mohr, Vilas CountyCircuit Court. Mohr oversees administration in theNinth Judicial Administrative District, which is com-prised of the circuit courts in Florence, Forest, Iron,Langlade, Lincoln, Marathon, Menominee, Oneida,Price, Shawano, Taylor, and Vilas counties. Mohr isassisted by Deputy Chief Judge Gregory Grau,Marathon County Circuit Court, and District CourtAdministrator Michael R. Havemann. !

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Milwaukee County Circuit CourtJudge Maxine Aldridge White

has been named the State Bar ofWisconsin's 2001 Judge of the Year. Theaward recognizes a jurist who hasimproved the judicial system during thepast year by his or her leadership inadvancing the quality ofjustice, judicial educa-tion, or innovative pro-grams. High ideals, per-sonal character, judicialcompetence, and com-munity involvement arehallmarks of the recipi-ent. The award will bepresented in mid-May inMadison.

“By honoring indi-vidual judges’ effortsand accomplishments, we recognize thevital role of a judicial system withintegrity and independence. The judicialbranch upholds the rule of law in goodtimes and in hard times, through judgeslike Maxine White,” said Atty. NicholasCasper, chair of the Bench/BarCommittee. “We are honored to recog-nize Judge White who is known for dis-

pensing ‘swift but compassionate’ jus-tice and for outstanding service to theprofession and the community.”

White was appointed to the circuitcourt in 1992, elected in 1993, and re-elected in 1999. Prior to becoming ajudge, she was an assistant U.S. attor-

ney from 1985 to 1992.She has served on thefaculty of both theWisconsin and NationalJudicial Colleges and asan instructor at theUniversity of WisconsinLaw School. Currentand past board affilia-tions include theMilwaukee BarFoundation, theMarquette University

Law Alumni Association, The House OfPeace and the YWCA of GreaterMilwaukee. She has received numerouslegal, civic and academic honors,including the Outstanding Woman ofAchievement Award from the YWCA.

White earned a master’s degree inpublic administration from theUniversity of Southern California and

her law degree from MarquetteUniversity Law School.

In the past few years, she has shownleadership on two important task forces.Former Governor Tommy Thompsonappointed her as chair of the Governor’sTask Force on Racial Profiling. She leda diverse group of law enforcement,civic, community and academic leadersthrough a comprehensive study of racialprofiling, creating a national model forother jurisdictions and culminating in anexecutive order from Governor ScottMcCallum implementing the recom-mendations of the task force. Thompsonalso appointed White as chair of theLegislature’s Committee on JudicialSelection, which issued a report recom-mending ways to increase racial andethnic diversity among Wisconsinjudges.

Past recipients of this award includecircuit court Judges Thomas H. Barland,Eau Claire County; Dennis J. Barry,Racine County; Harold V. Froehlich,Outagamie County; Michael P. Sullivan,Milwaukee County; and Gary L.Carlson, Taylor County. !

Judge Maxine A. White

White Named 'Judge of the Year'

Retired Rock County Circuit Court Judge EdwinDahlberg, on the bench in Rock County from 1963 to

2000, and retired U.S. District Court Judge Myron L.Gordon, who began his judicial career in Milwaukee andserved on the Wisconsin Supreme Court, were selected forthe State Bar of Wisconsin’s 2001 Lifetime JuristAchievement Award. The awards will be presented at theState Bar Annual Convention in mid-May in Madison.

Normally, the bar’s Bench/Bar Committee selects justone recipient for the award, but this year members chose tohonor the outstanding achievements of both Dahlberg andGordon.

Dahlberg earned a law degree from the University ofWisconsin Law School in 1949. He was in private law prac-tice from 1949 to 1959 and was appointed municipal judgefor the City of Beloit in 1959 where he served until 1963.He served first on the county court and later on the circuitcourt in Rock County from 1963 to 2000. He was uncontest-ed in all seven of his judicial elections. “Judge Dahlberg’sachievement has been committing himself to the rule of law,ensuring justice for every person regardless of station in life,striving for fairness for all, and upholding integrity andintellectual honesty day in and day out for more than fourdecades,” said Atty. Kevin Cronin of the Public ServiceCommission.

Gordon has had a similarly lengthy and impressivecareer in the law. In 1950, at age 31, he took office as the

youngest judge in Milwaukee County, defeating a longtimeincumbent. He served in the county court and then the cir-cuit court until 1961, when he was elected to the WisconsinSupreme Court. He served less than one term on theSupreme Court because President Lyndon B. Johnsonappointed him as a federal district court judge in 1967. Heremained on the federal bench in the Eastern District untilretiring as a senior judge in January 2001.

The Lifetime Jurist Achievement Award recognizes ajurist with at least 12 years’ experience as a trial judge whohas demonstrated outstanding, long-term judicial serviceduring his or her years as a sitting judge. Past recipientsinclude Judges John A. Decker, Patrick T. Sheedy, Peter G.Pappas, Mark J. Farnum, and P. Charles Jones. !

Judges Dahlberg, Gordon Earn 'Lifetime Jurist Achievement' Awards

Reserve Judge EdwinDahlberg

Retired U.S. DistrictJudge Myron L. Gordon

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2002 ELECTION

Judge-Elect Robert A.P. Kennedy Jr.Florence/Forest CountyCircuit Court

After coming out on top in afour-way contest in the primary,Crandon Atty. Robert A.P.Kennedy Jr. defeated CrandonAtty. Leon Stenz in the April 2election. Kennedy garnered 57percent of the vote.

Kennedy will take over forhis father, Judge Robert A.P. Kennedy, who will vacate theseat he has held for 13 years at the end of his term in July(see The Third Branch, fall 2001).

After studying economics at the University of Wisconsin-Oshkosh, the younger Kennedy attended the University ofWisconsin Law School. He completed a law degree in 1980and, at age 24, was elected Florence County district attorney.Since leaving the district attorney’s office, Kennedy hasbeen in private practice in Crandon.

Now 46, Judge-Elect Kennedy is married to Kathy, anurse at the Crandon Nursing Home. The Kennedys havetwo daughters.

Judge-Elect Gerald W. LaabsJackson County CircuitCourt

Black River Falls Atty.Gerald W. Laabs defeated Atty.Robert A. Olsher, who alsopractices in Black River Falls,to win election to the JacksonCounty Circuit Court. Laabs,who won 54 percent of the vote,will replace Judge Robert W.

Radcliffe, who is stepping down after 18 years on the bench(see The Third Branch, fall 2001).

Laabs, a partner at Laabs, Skolos and Millis, has prac-ticed law in Jackson County for 32 years. In addition to hisprivate practice, Laabs has served as a court commissionerfor the county since 1975 and, most recently, as family courtcommissioner.

After graduating from the University of Wisconsin LawSchool, Laabs served as an assistant district attorney forJackson County. He is a former president and secretary ofthe Tri-County Bar Association.

Judge David G. MironMarinette County CircuitCourt, Branch 1

Marinette County CircuitCourt Judge David G. Miron, whowas appointed to the bench inJanuary 2001, was elected to afull, six-year term on April 2.Miron garnered 62 percent of thevote to defeat Atty. Michael G.Perry, a sole practitioner inColeman.

Miron served as the county’s district attorney from 1990until his 2001 appointment to the bench by GovernorTommy Thompson. Prior to his election as district attorney,Miron worked in private practice with Kopish, Miron andBoyle, S.C.

A 1983 graduate of Marquette Law School, Miron is pastpresident of the Marinette County Bar Association and is amember of the Marinette County Courthouse SecurityCommittee.

Miron and his wife, Julie, live in Peshtigo with theirthree children.

Voters Place Five new Judges on the Bench

The following judges ran unopposed for election orreelection in April: Patricia S. Curley, Court of Appeals,District I; Neal P. Nettesheim, Court of Appeals, District II;Patience D. Roggensack, Court of Appeals, District IV;William C. Griesbach, Brown County Circuit Court(Griesbach has been appointed to the new federal court inGreen Bay; a gubernatorial appointment to replace him ispending); Dane F. Morey, Buffalo/Pepin County CircuitCourt; Roderick A. Cameron, Chippewa County CircuitCourt; Daniel W. Klossner, Dodge County Circuit Court;Dale L. English, Fond du Lac County Circuit Court; BruceE. Schroeder, Kenosha County Circuit Court; Vincent K.

The Rest of the Story� Howard, Marathon County Circuit Court; Tim A. Duket,Marinette County Circuit Court; John J. DiMotto,Michael D. Guolee, Daniel A. Noonan, Michael P.Sullivan, and Francis T. Wasielewski, Milwaukee CountyCircuit Court; Robert E. Kinney, Oneida County CircuitCourt; James T. Bayorgeon, Outagamie County CircuitCourt; Douglas T. Fox, Price County Circuit Court;Charles H. Constantine, Racine County Circuit Court;James P. Daley, Rock County Circuit Court; Eric J.Lundell, St. Croix County Circuit Court; James B. Mohr,Vilas County Circuit Court; Lee S. Dreyfus, Patrick C.Haughney, and Mark S. Gempeler, Waukesha CountyCircuit Court; and Gregory J. Potter, Wood CountyCircuit Court.

Judge David G. Miron

see Election on page 21

Judge-Elect Robert A.P.Kennedy Jr.

Judge-Elect Gerald W.Laabs

Judge Richard J. NussFond du Lac County CircuitCourt, Branch 3

Fond du Lac County FamilyCourt Commissioner Richard J.Nuss was Governor ScottMcCallum’s choice to succeedJudge Henry B. Buslee, whoretired after 22 years of service(see The Third Branch, winter2002).

Nuss worked in private prac-tice at Nuss Law Office for 22 years until he was appointed asfamily court commissioner in 1994.

After graduating from Marquette University with a degreein finance, personnel and marketing in 1966, Nuss served inthe U.S. Marine Corps for three years, earning the rank ofcaptain. He received his law degree from MarquetteUniversity Law School in 1972.

Nuss maintains a range of civic commitments. He is pastexalted ruler of Fond du Lac Elks Lodge 57 and past presi-dent of the Kiwanis Club. He is also a member of the YouthService Bureau and the American Legion.

Nuss and his wife, Toni, live in Fond du Lac. They havebeen married for 36 years and have three children.

Judge Paul V. MalloyOzaukee County CircuitCourt, Branch 1

Grafton Atty. Paul V. Malloywas appointed to replace retiringJudge Walter J. Swietlik (see sep-arate retirement story), whostepped down on Feb. 28.

Malloy has worked in privatepractice since 1987, and has beena partner at the law firm ofHouseman and Feind since 1993.

He earned a degree in business administration from theUniversity of Wisconsin-Milwaukee in 1981 and a law degreefrom the John Marshall Law School in Chicago in 1985.

Malloy has been active in the State Bar of Wisconsin,recently serving on the Bar’s Board of Governors and helpingto settle fee disputes between lawyers and clients as a member

of a fee arbitration panel. He also is a member of theWisconsin Lawyer’s Assistance Program, which provides con-fidential help to lawyers, judges, law students, and their fami-lies in coping with alcoholism and other chemical addiction,depression, acute and chronic anxiety, and problems related tothe stress of practicing law.

Malloy also has been actively involved in communityorganizations such as the Grafton Lion’s Club, the RepublicanParty of Ozaukee County, the American Legion, and theOzaukee County 4-H.

Deborah Salm, Budget OfficerDirector of State Courts Office

Director of State Courts J. Denis Moran appointedDeborah Salm as budget and policy officer for the statecourt system in March. Salm replaces David Suchman,who resigned last year after six years with the Office ofManagement Services.

Salm comes to the court system from the LegislativeFiscal Bureau, where she worked for more than 11 years,the last five as a program supervisor. She also hasworked for the National Council on Crime andDelinquency as well as the U.S. Department of Laborand the Wisconsin Department of Industry, Labor, andHuman Relations (now known as the Department ofWorkforce Development).

In appointing Salm to her new position, Moran said:“Deborah joins us at a critical juncture in the budget process.Her knowledge and experience will be invaluable as we workto meet the challenges presented by the state’s budget crisis.”

Josephine Xiong, Interpreter Program AssistantDirector of State Courts Office

Josephine Xiong has joined the Director of StateCourts Office as an assistant to the interpreter program.She will be working half-time through the late fall todevelop orientation programs for people interested inbecoming language interpreters in the Wisconsin courtsystem.

Xiong was hired with a grant from the Office ofRefugee Services. She graduates from the University ofWisconsin-Madison this month with a double major inpolitical science and Spanish. !

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Judge Michael G. EberleinMenomonie/Shawano County Circuit Court

Judge Michael G. Eberlein, who served on the bench in theMenomonie and Shawano County Circuit Court from 1970until his retirement in 1983, died April 14 in Shawano. Hewas 87.

Eberlein earned his law degree from the University ofWisconsin Law School in 1939 and immediately joined hisfather’s law practice. In 1941, he joined the U.S. Army andserved in the South Pacific until 1945. Upon his return, heagain practiced law with his father and his brother, Atty.Frederic C. Eberlein, and served briefly as Shawano County

district attorney.After his 1983 retirement from the bench, Eberlein contin-

ued to serve as a reserve judge until 1998. Eberlein’s wife, Joanne, his two brothers, and nieces and

nephews survive him.

Judge John KasimatisTown of Madison Municipal Court

Municipal Judge John Kasimatis practiced law from 1954until his death in February from heart disease. He was 73.

Kasimatis was a Utah native who found his way to

NEW FACES

Judge Richard J. Nuss

Judge Paul V. Malloy

Deborah SalmBudget Officer

Josephine XiongInterpreter ProgramAssistant

OBITUARIES

see Obituaries on page 22

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Judge William J. HaeseMilwaukee County CircuitCourt

After 22 years in MilwaukeeCounty Circuit Court, JudgeWilliam J. Haese is steppingdown from the bench. But he hasno plans to leave the courtroom.For Haese, retirement is anopportunity to return to his rootsas a litigator.

“It’s been a great 22 years,”Haese said, adding that many of the things he enjoys mostabout being a judge are the same things he enjoyed as alawyer. “You’re always meeting new, interesting people,” hesaid. But he has missed “taking sides,” he said, and plans toreturn to the private practice of law, where he worked for 27years before becoming a judge.

Haese’s announcement comes just three years after he wonre-election to a six-year term in a contested race. MilwaukeeAtty. Peter Guyon Earle, a specialist in labor and employmentlaw, challenged Haese but Haese kept the seat.

What motivated him to occupy the bench for so manyyears? The thrill of Monday mornings, he said. “You alwayslook forward to Monday, because it’s motion day. You see 20cases in four hours, and no matter how well you prepare,things always happen that you couldn’t have contemplated,”Haese said.

In more than two decades, Haese has seen many changesin the courtroom. One of the most striking, he said, is thecourt's relationship with the media. With television cameras incourtrooms and live coverage of trials, the general public’saccess to the courts has increased dramatically in recent years.“The media and the bar have a new kind of partnership,” hesaid, “and it benefits the public.”

A graduate of Marquette University Law School, Haesehas most recently presided over the Family Court Divisionand is a former presiding judge in the CriminalMisdemeanor/Traffic Division.

While Haese is looking forward to some vacation time inEurope after he steps down, he says there is no place hewould rather be than Wisconsin. “Being here is a vacation tome,” he said. Haese is married to Julie B. Haese, a retiredpsychologist. The couple has four children.

Karen Steckl, District Administrative AssistantThird Judicial District

District Administrative Assistant Karen Steckl, who sup-ported the court administrator in the Third Judicial District fornearly 19 years, retired March 15. Because of the budget cri-sis, District Court Administrator Michael G. Neimon has beenrunning the office on his own since Steckl’s departure.

Steckl started with the court system in 1983. During hertenure, she worked for five chief judges and five district courtadministrators covering the district that encompassesJefferson, Ozaukee, Washington, and Waukesha counties.Steckl ran the office by herself for periods of time when thedistrict court administrator job was in transition.

Judge Walter J. SwietlikOzaukee County CircuitCourt

Judge Walter J. Swietlik, whopresided in Ozaukee County for 23years, stepped down from thebench in March. Paul V. Malloywas appointed to replace Swietlik(see separate story) and will seekelection to a full, six-year termnext April.

Swietlik first took the benchin 1978, after having worked in private practice and servingeight years as Ozaukee County district attorney. He earned hislaw degree from Marquette University Law School in 1960.

Swietlik’s more than two decades in the judiciary con-vinced him that addressing drug and alcohol abuse is the keyto lowering crime. He told The Sheboygan Press that 75 per-cent of the cases in the Felony and Juvenile Divisions – wherehe finished up his career – were related to drugs. And whilemany offenders are in their teens and 20s, Swietlik said hehad seen an increasing number of older adults charged with avariety of offenses including drunk driving and cocaine pos-session.

The most satisfying cases for Swietlik, as for many judges,were civil matters presented by talented and well-preparedattorneys. Again echoing the sentiments of many colleagues,Swietlik found small claims and contested divorce cases to bethe most difficult and frustrating assignments. The vast major-ity of litigants in small claims cases are self-represented,which forces the judge to become an educator and a mediator.To address this issue, a number of counties now require thatsmall claims cases go through mediation and only come tocourt if the litigants cannot agree.

In retirement, Swietlik planned to travel – especially toEcuador, where his daughter and her family live – and towork on his land on the Milwaukee River. Swietlik and hisgrandson plant 50 trees a year on the Town of Saukville prop-erty in addition to maintaining beehives there.

Judge James H. TaylorBurnett County Circuit Court

James H. Taylor has announcedhis retirement after 12 years on thebench in Burnett County CircuitCourt. Because Taylor has one yearleft in his term, the governor willappoint a replacement.

Taylor is leaving prior to theend of his term because, he said, “Ican feel myself losing patience.The judicial temperament at timesis slipping.”

Taylor’s upcoming retirement caps a long career in thelaw. Before becoming a judge, he spent 10 years in privatepractice and four years as Burnett County district attorney.

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RETIREMENTS

Three Judges, District Assistant Step Down

Judge William J. Haese

Judge James H. Taylor

Judge Walter J. Swietlik

see Retirements on page 10

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In April, the National Center for StateCourts (NCSC) presented a confer-

ence on court security, Court SecuritySummit: Tools for Protecting theJudicial System, in Denver. At that con-ference, the Wisconsin CourthouseSecurity Training Program was show-cased as a national model for imple-menting courthouse security improve-ments.

By adopting a collaborativeapproach, the Wisconsin team has builta program that features a new level ofcooperation and focuses increased atten-tion to the issue of courthouse security.The Wisconsin Courthouse SecurityTraining Program was developed by theWisconsin Sheriffs and Deputy SheriffsAssociation (WSDSA), the U.S.Marshal’s Office of the Western Districtof Wisconsin, the Office of the ChiefJustice, the Director of State CourtsOffice, and Fox Valley TechnicalCollege.

The Wisconsin team reviewed thebasic components of the training pro-gram, facilitated a group problem iden-tification exercise, and shared low- and

no-cost courthouse security improve-ments. Other presenters at the three-dayconference dealt with securing data andcourt information against hackers andcyber-terrorists, and dealing with theaftermath of a disaster.

Every audience member at theDenver conference saw that s/he couldplay a role in court security training,following the Wisconsin model. “TheWisconsin group was the highlight ofthe conference because they broughtsome real practical ideas to the floor,”said Mary Sammon, director of theCourt Executive Development Programat the National Center for State Courts’Institute for Court Management. “Theymade everybody in the room account-able and responsible for being part ofthe solution.”

Presenting from Wisconsin wereSheriff Terry Dryden, WashburnCounty, who is also president ofWSDSA; Edward Krueger, director ofthe Criminal Justice Grants andContracting Department at Fox ValleyTechnical College; Rebecca Murdock,program coordinator of the Criminal

Justice Grants andContractingDepartment at FoxValley TechnicalCollege; DallasNeville, formerU.S. marshal,Western District ofWisconsin; SteveSteadman, projectdirector and districtcourt administrator; and John Voelker,executive assistant to the chief justice.

The Wisconsin team emphasizedthat working with partners from outsidethe courts who have an interest inimproving courthouse security canmake a statewide program easier andless costly to implement. “They demon-strated how effective they were able tobe, and it was a dramatic example forthe attendees, [because] it was ‘we didthis,’ rather than, ‘this is how you mightdo this,’” Sammon said. “People wereamazed at how successful Wisconsinwas [and] at the same time, they weresurprised at how simple it could be.” !

Wisconsin's Court Security Program Plays to National Audience

Chief JusticeShirley S.Abrahamson dis-cussed court secu-rity issues in ataped interview forparticipants in aCourt SecuritySummit in Denver.At right is JohnVoelker,Abrahamson'sexecutive assistant,who spoke at theconference.

WISCONSIN CONNECTS TO THE NATION

Judicial Oversight Initiative Moves into Next Phase

After more than two years, Milwaukee’s Judicial OversightInitiative (JOI) in domestic violence cases is in the

process of reassessment and evaluation. “We have learned a lotin the first phase of the project,” said Chief Judge Michael J.Skwierawski. “We are now going to fine-tune some processesthat work, discard some that didn’t work as well as we’d like,and try out some new ideas.”

Milwaukee County received $2 million in federal funds inlate 1999 to improve services for offenders and treatment forvictims in domestic violence cases. The grant enabled thecounty to devote four new prosecutors and one courtcommissioner to domestic violence cases and to assistcommunity organizations in bolstering their services to victimsand offenders.

Two parts of the program that will be changed are theconcept of crisis response advocacy and pretrial monitoring byprobation agents. Crisis response advocates connect withvictims immediately to help them find emergency housing,food, transportation, and childcare. In the next few months, thenumber of crisis advocates will be reduced from five to two,and duties will be changed to reflect the results of earlyevaluations of grant processes.

One of the advocates will be stationed in the courtcommissioner’s court to perform pretrial monitoring dutiespreviously assigned to probation agents from the Departmentof Corrections. “The Department of Corrections is still a verystrong partner in this program,” Skwierawski explained. “One

of the immediate successes of thegrant has been the work thatprobation agents have done withbatterers who appear before thedomestic violence judges forweekly reviews. We plan toreplicate this type of review in thecourt commissioner’s court.”The second advocate will workwith the Milwaukee PoliceDepartment in a new family violence unit. “It may seem basic,but one of the things I’m most excited about is the fact that theMilwaukee Police Department is now taking on-scenephotographs in nearly half of the cases,” explained JOI SiteEvaluator Terry Batson. “The district attorney’s office has longbelieved that photographs of victims at the scene are animportant component of victimless prosecution. I believe thatJOI has had a strong effect on these changes.”

Carmen Pitre, the first JOI project director, recentlyresigned to become executive director of the Task Force onFamily Violence. “We were fortunate to have Carmen as thefirst JOI director and will work closely with her in her newrole as one of our community partners,” Skwierawski said. JOI is one of three national demonstration projects funded bythe U.S. Department of Justice through the Violence againstWomen Act. !

Chief Judge Michael J.Skwierawski

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Even the most routine legal mattermay involve documents filled with

jargon, complicated proceedings, andsubstantial filing fees. For people whochoose to represent themselves, wadingthrough the process can be intimidating.Until recently,residents ofWaukesha Countyhad few resourcesto help themnavigate the system,but that haschanged.

A young motherseeking a divorcewas one of the firstself-representedlitigants to try theWaukesha County Family Court Self-Help Center. She needed legal advicebut did not believe she could afford tohire a lawyer. She also needed access tothe forms – and instructions for fillingthem out – that would help her makeher way through the court process. Shebegan by visiting the center’s new Website, where she took a quiz to see if self-representation was appropriate for her.She then was able to print out – for free– all the forms she might need. Unsureexactly which forms to use, and how to

fill them out, the woman visited thecenter and met with coordinator TeraNehring.

“She sat down and went through thebinders of forms and instructions,”Nehring said. “After she asked many

specific proceduralquestions, a lightbulb went on, andshe said, ‘This iseasy. I can do this.’”The womancompleted all of theforms she wouldneed to begin thedivorce proceeding,leaving the centerfeeling confidentand prepared.

In February, a partnership of countycourt and administrative leaders, areajudges, lawyers, and communityorganizations launched the self-helpcenter, a multifaceted program designedto steer individuals without legalcounsel through the court process. Thecenter, located in the courthouse andopen 8:15 a.m.-4:15 p.m. weekdays,guides Waukesha County residents whohave already decided to representthemselves as well as those who remainundecided about whether to hire alawyer. The center provides legal formsand instructions, information about theprocess, and access to computers andprinters.

Two key components of the newcenter that will grow as the centerevolves are a legal information Web site(see sidebar) and a legal clinicproviding free legal advice, which willbe launched in July. Area volunteerlawyers will offer brief, free sessionswith interested individuals.

The center is now equipped to aidthose involved in family courtproceedings, but organizers hope toexpand into small claims and probate inthe future. “The program has gone verywell,” said Nehring, adding that, by lateApril, the center had made more than1,800 direct contacts with people byphone or e-mail, or in person. “I didn’t

Wisconsin Attorneyssee ADR as a HighlyEffective Toolby Dan Wassink, senior policy analystDirector of State Courts Office

An ongoing survey of lawyers onthe use of alternative dispute

resolution (ADR) reveals a growinglevel of acceptance of approaches thatmight once have been viewed as athreat to the traditional practice of law.

“Mediation has proven to be a veryuseful tool to dispose of litigation morequickly and inexpensively.” “…[E]venwhen not successful, [mediation] causescompetent attorneys to have their casesprepared sooner.” “…[M]ediation setthe stage [for] the ultimate settlement.”These are just a few of the manypositive comments that attorneysoffered.

The Planning and Policy AdvisoryCommittees (PPAC) ADRSubcommittee is coordinating thesurvey as a pilot in five counties:Calumet, La Crosse, Oneida, Waukesha,and Winnebago. Judicial assistantsmailed surveys to attorneys in selectedcivil case types once the case settled.Results show that:❒ 74 percent of cases were classified

as Personal Injury–Auto.❒ Some form of ADR was used in 53

percent of the cases.❒ Mediation was by far the most

common form of ADR; it was usedin 98 percent of all cases that usedsome form of ADR.

In cases where ADR was used,attorneys believed it was at leastsomewhat of a factor in settlement 97percent of the time. They found ADR tobe a major factor in the settlement of 64percent of these cases.

ADR Subcommittee members areanalyzing the pilot survey results andwill soon modify the survey instrumentand expand the effort. They planeventually to conduct the survey in upto 20 counties of diverse sizes indifferent parts of the state. !

Interested individuals can view all of thepilot survey results by visiting thesubcommittee’s ADR Clearinghouse Website at www.courts.state.wi.us/circuit/Alternative_Dispute_Resolution_Clearinghouse.htm

LEADERSHIP

Waukesha Court Self-Help Center Opens Doors tothe Publicby Sarah Goforth, court information intern

see Waukesha on page 20

The new Waukesha County Family Court Self-Help Centerofficially opens for business. Front row from left to right:Waukesha County Executive Daniel Finley; Chief JudgeKathryn W. Foster; Chief Justice Shirley S. Abrahamson; andClerk of Circuit Court Carolyn Evenson. Back Row from left toright: Marquette University legal intern Craig Roder; HollyPatzer, Waukesha County administrator for the WisconsinCorrectional Service; and Self Help Project Coordinator TeraNehring.

In 2000, Waukesha Countyresidents filed more than 1,400family court cases and 6,200

small claims actions. Of these,about 30 percent of the family

court cases, 60 percent of CHIPScases, and 90 percent of smallclaims cases involved at leastone self-represented litigant.

Source: Wisconsin Pro Se Working Groupreport, Meeting the Challenge of Self-Represented Litigants in Wisconsin

Aprototype of the court interpretertraining program that will roll out

in the fall will be tested in BarronCounty on May 20-21. The county hasbecome home to a growing number offamilies from the east African nation ofSomalia. Most have come to work atthe Jennie-O Turkey Store factory. Thetraining will be offered to Somali andSpanish speakers at the student centeron the University of Wisconsin –Barron County campus.

Members of the Committee toImprove Interpreting and Translation inthe Wisconsin Courts are working withMarcia Vandercook and JosephineXiong, both of the Office of CourtOperations, and Chief Judge Edward R.Brunner, Barron County Circuit Court,to develop the program. Somali andSpanish court interpreters fromMinnesota will help to conduct the ses-sions, which will give participants anoverview of the needs and expectations

of the courts with an emphasis onethics, legal terminology, court proce-dure, and basic legal interpreting skills.The training will target experiencedcourt interpreters as well as interestednewcomers and will offer additionalresources and methods for court inter-preters to study and enhance their skillsindependently after the training.

Providing qualified court interpretersis just one of the many challenges thatBarron County has faced in helpingimmigrants adjust to life in small-townWisconsin. With the help of a grantfrom the federal Office of RefugeeResettlement, the county has opened anInternational Center staffed by a Somalicoordinator/translator to assist newarrivals with information about thecommunity, housing, and culture. Theoffice is also teaching classes in Englishas a second language, which are held inboth Barron and Rice Lake. !

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see Rules on page 22

Interpreter Training Targets Somali, SpanishSpeakers

Rules continued from front page

understand the court’s questions ordirections.”

The code of ethics will serve as thebasis for a training program forinterpreters and judges that will beoffered around the state in 2002.

The proposed code articulates a set ofprinciples to guide the conduct of courtinterpreters and to educate judges aboutthe proper role of interpreters. Itemphasizes the important role thatinterpreters play in placing people withlimited proficiency in English on anequal footing in court with nativespeakers. The principles includeaccuracy and completeness, properrepresentation of credentials,impartiality and avoidance of conflict ofinterest, restriction of public comment,and more.

The code is based on a modeldeveloped by the National Center forState Courts and on other states’ codes.

Court ReportersThe Supreme Court approved a

petition that will give each chief judgethe authority to assign court reporters tocourts in any county in that judicialdistrict and to any circuit court in anadjoining district. This has been a

longstanding practice that is nowcodified.

This proposal and others containedin the petition were in response to thegrowing shortage of court reportersstatewide. Although the Planning andPolicy Advisory Committee (PPAC) isanalyzing long-term solutions for thecourts, the chief judges recognized theneed to identify and prioritize pressingissues for some quicker fixes.

The petition was the result of ayearlong effort by the Court ReporterSubcommittee of the Committee ofChief Judges. Chaired by former ChiefJudge Daniel R. Moeser, Dane CountyCircuit Court, the committee wascomprised of two chief judges, oneCourt of Appeals judge, two districtcourt administrators, two circuit courtjudges, one clerk of circuit court, andtwo official court reporters.

The group looked at the level ofcounty financial support for courtreporters, the use of freelance reporters,the reporters’ work assignments –including work performed for courtcommissioners – job sharing, judicialsupervision, delay in the preparation oftranscripts, appellate courtrequirements, and more. It developed a

preliminary report identifying keyissues. The report was sent to all statejudges and court reporters for comment,and then put into final form.

Chief Judge James Evenson, SaukCounty Circuit Court, presented thepetition on behalf of the Committee ofChief Judges. Court Reporter EdwardH. Johnson, OzaukeeCounty Circuit Court,spoke in favor of thepetition on behalf ofthe court reporters.Both presenters tookquestions from thejustices on other partsof the petition,including proposals to:❒ add videotaped

depositionsaccompanied bytranscripts to thelist of proceedings that need not betranscribed;

❒ have court reporters indextranscripts for certain hearings; and

❒ permit court reporters to collect $10for electronic copies of transcriptsprovided to a requester in additionto a certified paper copy.

The Court adopted the petition aspresented except for a section thatwould have permitted transcripts ofconfidential proceedings to betranscribed only upon the judge’s order.The Judicial Council, a 21-memberbody that advises the Supreme Courtand the Legislature on matters affectingthe administration of justice, is workingon this issue.

Advice for the Self-RepresentedEvery day in courthouses around the

state members of the public find theirway to the clerk of circuit courts officeand start asking questions. Often, theyleave knowing little more than they didwhen they walked in. The problem:staff has no guidelines on whatconstitutes legal advice. So, rather thanrun the risk of practicing law without alicense, they give little information. Thesituation is frustrating for both thepublic and the clerks.

The Wisconsin Clerks of CircuitCourt Association, the WisconsinAssociation of Municipal Court Clerks,and the Registers in Probate Association

Clerk of CircuitCourt JudyColeman, DaneCounty, testifies onbehalf of the ProSe WorkingGroup's petition tothe Supreme Courtfor guidelines toclarify whatconstitutes legaladvice. Coleman -along with ClerksDonna Seidel,Marathon County,and Gail Gentz,Kenosha County -was present laterin the day whenthe Court voted 7-0to approve thepetition.

When the Outagamie County sheriffrequested that the county build a

stand-alone Huber Law facility to helpease overcrowding at the county’s rela-tively new jail, the county board insteaddecided to take a look at alternatives toincarceration and ways to shorten peri-ods of confinement.

Outagamie County Circuit CourtJudge Dennis C. Luebkeis helping with theprocess as a member ofthe county’s Ad Hoc JailOptions Committee.“Especially in light ofcurrent fiscal trends,”Luebke said, “the boardasked whether there aremore economical ways ofdoing the business of jus-tice.”

County BoardSupervisor James Duncan chairs thecommittee. Members include one addi-tional supervisor, representatives of thesheriff’s department and the AppletonPolice Department, an expert on alterna-tive dispute resolution, an educator, acourt commissioner, members of thepublic, and Luebke.

One proposal that the committeeexplored was increasing the use of elec-tronic monitoring through the use of aglobal positioning system (GPS) thatcan closely track an inmate. The systemcan tell, for example, whether the inmateis moving and how fast. The use of thissystem could be increased if the inmatesdid not have to pay for it. Currently, theinmates must pay a $92-a-week moni-toring fee to the company that owns thesystem. Luebke pointed out that there

could be a constitutional problem withthis setup, and Supervisor CharlesSchmidt noted that the county wouldstill save $237 a week per inmate evenafter picking up the $92 fee.

Judge John Des Jardins, OutagamieCounty Circuit Court, wore the GPSbracelet for one day to get a feel for it.He reported that it was comfortable dur-

ing the day, not as comfort-able at night, and caused asmall problem when hiswife saw it before he toldher what he was doing. Hewore the bracelet whileserving as a referee at jun-ior varsity basketball game,taking care to tell everyonethat he was conducting anexperiment. Des Jardinsfound it unsettling to knowthat someone could track his

every move and reported that he set offthe alarm once by traveling more than50 feet away from the unit to take outthe garbage.

The committee held six public meet-ings, at which they welcomed guestswith a variety of viewpoints, includingthe county executive, county boardsupervisors, Clerk of Circuit Court RuthJanssen, prosecutors, public defendersand the private defense bar, law enforce-ment from several agencies, representa-tives from Goodwill Industries and fromthe Community Restorative JusticeProject, probation and parole, inmates,various community human serviceproviders, interested members of thecommunity, and the media.

Luebke said the committee wouldissue a report to the board this spring. !

Outagamie County Seeks Alternatives for Inmates

Legislativecontinued from front page

personal jurisdiction in divorces.The Legislature enacted this bill inresponse to the Wisconsin Court ofAppeals, District II, decision in theWaukesha case of Mendez v.Hernandez-Mendez, 213 Wis.2nd217, Wis. App.1997, involving aMexican man who moved toWaukesha and filed for divorcefrom his wife, who remained inMexico. The circuit court ruled -and the Court of Appeals agreed -that it did not have personal juris-diction in this matter because thewife had not had sufficient contactwith Wisconsin.

Act 61 – Codifies Supreme CourtRule 75, relating to circuit and sup-plemental court commissioners.

Act 69 – Allows a juvenile court toplace juveniles who are custodialparents (or pregnant), living inpoverty, and either homeless or inan unstable environment, in a sec-ond-chance home. Second-chancehomes are group homes.

Act 90 – Includes electric personalassistive mobility devices under therules of the road chapters.

Act 94 – Relates to who may beappointed by a probate registrar as apersonal representative in informaladministration.

Act 95 – Relates to possession ofbody armor by a person who hasbeen convicted of a violent felony,found not guilty of committing aviolent felony by reason of mentaldisease/defect, or adjudicated delin-quent in a violent felony. Bodyarmor is any garment that isdesigned (or has been redesigned oradapted) to stop a bullet.

Act 97 – Relates to child sexoffenders working with, or volun-teering with, children.

All of the above can be found on theLegislature’s Web site atwww.legis.state.wi.us. When the reg-ular and special sessions are over,legislators will return home for thefall elections. The 2003 legislativesession will commence in January2003. !

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Judge Dennis C. Luebke

While Taylor said he would missmost of his daily interactions with courtstaff, lawyers, and litigants, he is look-ing forward to the trip to Alaska thatwill begin his retirement. He and hiswife, Donis, are driving there – the tripwill take 60 days or so – to find a sum-mer vacation home in their favorite get-away spot outside of Anchorage. Theyhave been visiting Alaska annually since1985 for fly fishing, moose hunting, andenjoying the area’s natural beauty. AfterAlaska, they intend to go south in searchof a winter home.

No matter where they land, theTaylors are assured of being surroundedby family. They have four daughters (allteachers) and nine grandchildren, all ofwhom are looking forward to visitingthe new vacation spots.

Taylor said his immediate goals areto relax, enjoy some time away, and notmake too many plans. “We’ll do somefun things,” he said, “and when wecome back home, we’re pretty sure we’llknow what we want to do and where wewant to do it.” !

Retirements continued from page 6

Barron County Receives Grant to Help TroubledYouth

The Robert Wood JohnsonFoundation has awarded the

Barron County Department of Healthand Human Services a $238,684 grantto improve substance abuse treatmentand other services for young people introuble with the law. In each of thefour years following start-up, BarronCounty will be eligible to apply for upto $250,000 for implementation.

The foundation awarded a total of$2.59 million to 11 communitiesnationwide to develop treatment plansand other services for delinquentyouth. There were 280 applicants com-peting for the grants.

Barron County’s proj-ect, Reclaiming Our Future,will serve up to 500 youngpeople with substanceabuse problems each yearbeginning in 2003. “Theneed for Reclaiming OurFuture is clear,” said ChiefJudge Edward R. Brunner,Barron County Circuit Court. “Weknow that kids who abuse alcohol anddrugs are more likely to behave vio-lently, break the law, or end up incourt. We also know that alcohol anddrug abuse is a major health problemamong juvenile offenders in BarronCounty today.” This is the first timethe foundation has involved the judi-cial branch, and developers ofReclaiming Our Future said that judi-cial leadership would play a criticalpart in these efforts. Up to two localjudges in each of the 11 communitiesthat received grants will participate ina two-year fellowship.

An estimated 44 percent of referralsfor adolescent treatment come from the

juvenile justice system, yet minimalcoordination exists between mostcourts and community serviceproviders. Reclaiming Our Future willbe a collaborative community project,relying on the voluntary participationof peers, parents, senior citizens, teach-ers, and more. The “network of com-munity care” approach redirects theefforts of multiple entities toward com-mon goals, involves families as part-ners in the work of reclaiming thechild, and motivates service providersto innovate.

Over the next five years, BarronCounty plans to expand substance

abuse treatment services foryoung people, improveaccess to existing and futureservices, and encouragelocal agencies to adoptcommon referral, screening,and assessment tools.

Involvement of theschools is a key component.

Case managers will be assigned toeach juvenile with the ultimate goalbeing to reduce delinquency. Eachschool district in the county will beactively involved in the program; oneexample of involvement might beoffering classes such as woodworkingto give the juveniles a new direction. !

For more information on ReclaimingOur Future, contact Brunner at (715)537-5691 or Mac Prichard, ReclaimingFutures communications director, at(503) 725-8921 or e-mail atmacp@pds.edu. You can also visit theirWeb site to find out more: www.reclaim-ingfutures.org.

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Substance Abuse andDelinquency in Barron County

❒ A 1998-2000 survey found that 81percent of students in grades sixthrough 12 experiment with, oruse, alcohol. Twenty-sevenpercent of 10th graders reportedusing marijuana one or moretimes.

❒ More than 50 percent of the 419referrals by local juvenile justiceofficials to the Barron CountyDepartment of Health and HumanServices involved alcohol anddrug abuse in the year 2000.

❒ Barron County municipal courtsissued more than 500 underagedrinking citations in 2000.

Substance Abuse andDelinquency in the United States

❒ Nine out of 10 kids who needtreatment for substance abuse arenot getting it, according to theNational Household Survey onDrug Abuse.

❒ Sixty-three percent of youngpeople in U.S. juvenile correctionsfacilities receive no treatment forsubstance abuse.

❒ Between 60 and 80 percent of thenearly two million kids enteringthe justice system each year havea substance abuse problem.

❒ Over the past 10 years, theincarceration rate for youthbetween ages 10 and 18 becauseof drug involvement has increased291 percent. This increased rate ofincarceration is five times higherfor black youth than for white.

❒ Allowing one youth to leave highschool for a life of crime and drugabuse costs society between $1.7and $2.3 million. Putting a youngoffender in jail costs about$40,000 annually, while drugtreatment costs between $3,000and $12,500 a year.

This information was excerpted fromthe 1999 Household Alcohol and DrugAbuse Survey from the SubstanceAbuse and Mental Health ServicesAdministration, U.S. Department ofHealth and Human Services. The fullreport can be viewed online at:www.drugabusestatistics.samhsa.gov/

VOLUNTEERS IN THE COURTS

“Changes do not occur in justice policy without active

judiciary leadership; changes donot occur for substance-abusing

kids without family and community support.”

Reclaiming Futures 2002

Outagamie County’s Volunteers inOffender Services (VIOS), which

literally wrote the book on involvingvolunteers to enhance and expand theservices that the courts and correctionssystem are able to offer, turns 30 thisyear. The group marked the occasionwith an April banquet in Appleton thatfeatured Chief Justice Shirley S.Abrahamson as keynote speaker.

In the audience was Judge Nick F.Schaefer, who first learned about usingvolunteers in the courts from aMichigan judge in 1962. In 1972,Schaefer, who served on the bench inOutagamie County from 1968-87 and isnow a reserve judge, spearheaded aneffort to match volunteer mentors withpeople convicted of first-offensemisdemeanors. The program was calledVolunteers in Probation. Two yearslater, Schaefer worked with JudgeGordon Myse (now a reserve judge)and John Feavel of the Bureau ofCommunity Corrections to initiate asimilar program for Huber Law inmatesin Outagamie County. In 1985, the twoprograms merged and became VIOS.

VIOS volunteers now work on avariety of initiatives. They continue tomentor jail inmates and people onprobation but also perform such diversetasks as organizing books in the jaillibrary and running a parenting class forincarcerated fathers. !

Contact VIOS at (920) 832-5248 formore information or to order a copy of itsnew Volunteer Handbook, whichprovides job descriptions, profiles ofprobationers and inmates, expectationsof volunteers, and much more.

VIOS Celebrates 30TH

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VOLUNTEERS IN THE COURTS

Outagamie County’s Victim ImpactPanel (VIP), which brings people

convicted of drunk driving face-to-facewith victims and families affected bydrunk driving, hosted three specialguests at its April 9 meeting. ChiefJustice Shirley S. Abrahamson joinedJudge Raymond S. Huber, WaupacaCounty Circuit Court, and JudgeDonald A. Poppy, Calumet CountyCircuit Court, to observe the proceed-ings.

Abrahamson was interested inobserving this form of restorative jus-tice during her stay in Appleton for theSupreme Court’s Justice on Wheelstrip. Huber and Poppy are consideringstarting victim impact panels in theirown counties and wanted to see first-hand how they operate.

The Outagamie County VIP beganin 1996 with the leadership of JudgeJohn Des Jardins. All second-offensedrunk drivers are ordered to attend apanel, which lasts about one hour.Here, victims share their stories of painand loss in an effort to reach the audi-ence on an emotional level. Accordingto observers, the experience is alsotherapeutic for the panel members.

Victim impact panels began appear-ing around the nation in the early1990s. Many have been started byindividuals looking for tools besideseducation and stiffer penalties toaddress repeat drunk driving.

According to a study conducted by

researchers at the University ofWisconsin – Oshkosh, the panels work.Studying recidivism rates, theresearchers found that 14.7 percent ofoffenders who attended a victimimpact panel committed another drunkdriving offense compared with 36.4percent who did not attend.

Volunteers in Offender Services andthe Upper Fox Valley Chapter ofMothers Against Drunk Driving organ-ize the panels, which are purposelyheld outside of the courthouse at theCounty Highway Department.Victim impact panels are active inmany other counties around the state,including Barron, Brown, Door,Jefferson, Kenosha, Kewaunee, LaCrosse, Marinette, Marquette, Monroe,Oneida, Sauk, and Waukesha. !

Those looking for assistance in startinga victim impact panel might order acopy of Victim Impact Panels: AReference Manual, which was pub-lished by the University of WisconsinLaw School Resource Center onImpaired Driving in cooperation with theWisconsin Department ofTransportation. To request a copy, con-tact the resource center at (800) 862-1048.

Victim Impact Panel Hosts Guests

The Winnebago Conflict ResolutionCenter, Inc. (WCRC) held its annu-

al Mediator Training in March. The ses-sions lasted for five days with emphasison ethics and standards of practice,mediator styles, skills, strategies, simu-lation of disputes, and case managementprocedures. Besides volunteers, theaudience included business people, suchas attorneys and others whose profes-sions involve dealing with conflict.After the sessions, participants wereinvited to co-mediate with experiencedmediators. Volunteers must complete a

total of eight hours of co-mediatingwith experienced mediators as well aseight hours of observation in addition tothe five-day training session, accordingto Kristy Bradish, executive director ofWCRC. After completion of the train-ing requirements, the volunteers thencommit a minimum of five hours amonth for one year to WCRC.

The group’s 50 volunteers currentlyhandle more than 400 cases per year.The cases may involve small claims,divorces, children in need of protectionand/or services (CHIPS), neighbor-

hood/community disputes, and more.WCRC volunteers have assisted thou-sands of disputants in resolving theircomplaints out of court, with a 90 per-cent settlement rate. !

For more information on the mediatorprogram, contact Bradish at (920) 236-4711 or Winnebago Conflict ResolutionCenter, Winnebago County Courthouse,415 Jackson Street, P.O. Box 2808,Oshkosh, WI 54903-2808. The nexttraining is scheduled for March 17-22,2003.

Winnebago Conflict Resolution Center Trains New Mediators

The Wisconsin courts held twoworkshops this spring designed to

improve the media’s understanding ofcourt process and judges’ understandingof how the media work.

A Meeting with the SupremesIn March, for the first time in five

years, the Supreme Court hosted ameeting with the news media in itsrefurbished Capitol Hearing Room. Themeeting included a presentation fromCornelia Clark, clerk of the SupremeCourt and Court of Appeals, andAmanda Todd, court information

officer, on finding court information onthe Web.

Supreme Court Media CoordinatorNeil Heinen, editorial director at WISC-TV in Madison, introduced ChiefJustice Shirley S. Abrahamson whospoke about the Court's many publicoutreach initiatives. At the end of theformal presentation, the justices tooknumerous questions from the press andthen Abrahamson and Justices Jon P.Wilcox, N. Patrick Crooks, and DavidProsser Jr. took the reporters on a“behind-the-scenes” tour of thechambers.

Following their meeting with thejustices, the reporters toured the newWisconsin State Law Library, learningabout information resources from Co-State Law Librarians Jane Colwin andJulie Tessmer. They also toured theOffice of Lawyer Regulation (OLR),where they were given a demonstrationof the database system wherecomplaints are logged. A question-and-answer session with OLR DirectorKeith Sellen followed.

About 25 reporters, editors, andphotographers from Madison, Green

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Judges, attorneys, andcourt staff throughout

the state celebrated LawDay on May 1. Many ofthe programs reflected theAmerican BarAssociation’s Law Daytheme, Celebrate yourFreedom. The Director ofState Courts Office sup-ports Law Day planningby publishing a planningguide and recruiting LawDay teams in each county.Here is a sample of thestatewide activities:

In Adams County,members of the local barassociation signed up fortime slots to discuss dif-ferent topics of law withstudents visiting the court-house.

In Bayfield County, thepublic was invited to tourthe courthouse and visit

all court-related offices. Local lawyers offered free legaladvice, law enforcement agencies held a question-and-answersession, and the jail administrator and county administratorgave a presentation on the jail expansion project. A video onjury duty was also shown.

In Dane County, local lawyers offered free legal advice at abooth in the City-County Building from approximately 9 a.m.to 3 p.m. In addition, second graders came to the courthouseto watch lawyers act out a mock trial based upon “TheEmperor’s New Clothes.” Middle school students participatedin a program called “A Day in the Life of a Criminal Case.”The students acted out a misdemeanor case, touring the court-house and meeting the people – police, prosecutors, defenseattorneys, judges, jailers – who become involved in a criminalcase at various stages in the process.

In Eau Claire County, members of the local bar associationprovided free legal advice. In addition, the courts’ communityservice coordinator, court appointed attorneys clerk, and jurymanagement clerk were on hand to answer questions abouttheir programs. Information on small claims cases and con-sumer education material was distributed.

In Jefferson County, high school students job-shadowedjudges, prosecutors, defense attorneys, and staff from theClerk of Circuit Courts Office. Court officials gave tours ofthe courthouse and jail and answered students’ questions overlunch.

In Manitowoc County, local elementary school studentscame to the courthouse to watch a mock trial based upon TheThree Little Pigs.

In Portage County, court officials made Law Day into“Juror Appreciation Day,” inviting jurors to stop in to receivea Certificate of Appreciation with their name on it. The first50 also received a mug with a juror appreciation logo on it.Sub sandwiches, cookies, and juice were provided and thejudges, clerk of circuit court, jury clerk, and attorneys were onhand to greet and thank the jurors and answer questions.

In Vilas County, court officials worked with the localUniversity of Wisconsin Extension to bring in students fromthree local high schools. The students sat in on court hearings,toured the courthouse and the inside of a State Patrol car, hada question-and-answer session with local lawyers, and hadlunch (courtesy of the American Legion) with Chief JudgeJames Mohr. Three middle school students who won the LawDay Essay contest were also invited to the luncheon. TheEagle River Noon Rotary presented the winners with savingsbonds and each also received a Law Day medal that organiz-ers had engraved through a local company.

In Winnebago County, judges and court commissionershosted more than 500 students from local high schools. Thestudents observed court proceedings, talked with court offi-cials including family court counselors, and toured theWinnebago County Sheriff’s Department and the OshkoshPolice Department. !

Courts Connect with the Media at two Seminars

Courts Celebrate Law Day

Dane County second graders cele-brated Law Day by watching a mocktrial based on “The Emperor's NewClothes.” They found in favor of theemperor. The cast included (back row,left to right): Atty. Kim Grimmer (thedefense attorney); Atty. Janice K.Wexler (tailor Del); Atty. Jordan C.Loeb (tailor Swin); Atty. NancyWettersten (the plaintiff's attorney);Chief Judge Michael N. Nowakowski;(middle row, left to right): Family CourtCommissioner Daniel M. Floeter (theemperor) Atty. David Joanis (the chiefminister); and (front) Atty. LauriRoman (the kid).

see Media on page 14

Bay, Racine, Milwaukee, and more attended the four-hourworkshop.

“Welcome to my World” In 1999, a correspondent in central Wisconsin wrote an

angry letter to the editor. “Police work toward justice,” theperson wrote, “and the judges seem to work against them.”

Similar sentiments appear frequently innewspapers across the state, often inreaction to news stories aboutsentencing hearings. The stories lead toeditorials and letters to the editor, whichmay lead to radio talk shows and so on.And judges, constrained by ethics rules,cannot illuminate the discussion.Misunderstanding of the role of judges,the limits of judicial discretion, andconsiderations in sentencing has led to

attacks on judicial independence from many quarters; thissentiment, for example, came from a state senator: “We can’tallow discretion when you have judges making suchoutrageous proposals. Then we wonder why we have secondoffenders, and we wonder why we have children kidnappedand raped and killed.”

To improve understanding of the process, open lines ofcommunication, and impress upon judges the importance ofgiving thorough and understandable explanations duringsentencing hearings, the Wisconsin Supreme Court has joinedwith the State Bar of Wisconsin through the Media-Law

RelationsCommittee todevelop a half-dayseminar designedto teach journalistsabout sentencing.The seminar hasbeen put onregionally forjudges,journalists, andattorneys. Thelatest seminar washeld in April inEau Claire (othershave been held inGreen Bay,Madison, andMilwaukee).

The seminar begins with an overview of Truth-in-Sentencing from Judge Patrick Fiedler, Dane County CircuitCourt. Fiedler’s interactive Power Point presentation lets theaudience calculate and compare maximum sentences under theold law and the new law. The media participate in a sentencingexercise, run this year by Judge Ramona Gonzalez, La CrosseCounty Circuit Court, designed to let them step into a judge’sshoes in a very difficult fact situation. The judges then enjoyan opportunity to write headlines based upon some of thesentences. !

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Chief JusticeShirley S.Abrahamson joinsJustices N. PatrickCrooks, Jon P.Wilcox, and DavidProsser Jr. to takequestions from themedia at aSupreme CourtSeminar for theNews Media heldin March.

Sheri Carter, an intake specialist at the Officeof Lawyer Regulation, plays the defendant in arole-reversal exercise designed to teach jour-nalists about the job of the judge in sentenc-ing. Next to Carter (left to right) are: EauClaire County District Attorney G. RichardWhite, who played the defense attorney,District Court Administrator Gregg T. Moore,who played the father of the victim, and StateBar President Gerald Mowris, a criminaldefense attorney who took the part of theprosecutor.

High School Teachers get Crash Course on the Courts

Twenty-five high school teachersfrom around the state came to

Madison in February to participate inthe third annual Justice TeachingInstitute at the State Bar Center. Anumber of the teachers indicated onfollow-up questionnaires that this wasthe best continuing education work-shop they had ever attended.

The teachers took part in a varietyof hands-on exercises designed totransfer easily to the classroom. Inaddition to the moot court exerciseheld on a Saturday in the SupremeCourt Hearing Room, highlights fromthe two-and-a-half day session were:

❒ A sentencing exercise based on anactual homicide by drunk driving case.Led by Chief Judge Joseph M. Troy,Outagamie County Circuit Court, the

exercise is designed to teach about the limits of a judge’sdiscretion, the criteria that must be considered insentencing a defendant, the drastic changes in possiblepenalties over the last decade, and more. Prior to theexercise, Judge Ramona Gonzalez, La Crosse CountyCircuit Court, spoke with the teachers about whysentencing is considered by many judges to be thetoughest part of the job.

❒ An analysis of actual Supreme Court petitions for reviewwith Supreme Court Commissioner Joseph Wilson andAssistant Appellate Public Defender Ellen Henak. Theteachers learned to apply the criteria for review todetermine whether a given case should be taken.

❒ A lecture from Chief Justice Shirley S. Abrahamson, whois also a legal history scholar, on the history and powersof the Wisconsin Supreme Court.

❒ A crash course on the federal courts from Prof. LeeArbetman, an adjunct professor at Georgetown LawSchool and author of the popular Street Law textbooksthat are used in many Wisconsin schools.

❒ An evening reception with the Supreme Court. A StateBar photographer snapped pictures of each teacher withthe justices as a memento of the institute.

The institute is funded with a grant from the State Bar anddeveloped by the Wisconsin Supreme Court, the State Bar ofWisconsin, and the University of Wisconsin Department ofCurriculum and Instruction. These entities have also devel-oped a teacher’s guide to the Wisconsin courts calledConnecting to the Courts. !

Planning is underway for the 2003 Justice Teaching Institute.Judges, attorneys, and court staff are asked to direct interestedhigh school teachers to Court Information Officer Amanda Toddat (608) 264-6256 or to the Justice Teaching Institute page onthe Wisconsin court system Web page.

Teachers from schools around Wisconsin par-ticipate in a moot court exercise. The teachersplaying the role of "justice" worked withJustice N. Patrick Crooks to prepare. The"petitioners" worked with State Bar PresidentGerald Mowris, a criminal defense attorney,and the "respondents" worked with Atty.Thomas Balistreri. Another group of teachersplayed news reporters, working withMilwaukee Journal Sentinel Capitol BureauChief Steven Walters to tell the story quickly,accurately, and - hardest of all - briefly.

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THE WORLD CONNECTS TO WISCONSIN

Two Russian Supreme Court judgesfrom Siberia visited the Wisconsin

Supreme Court and Kenosha CountyCircuit Court in March. Judges TatianaShagdortova and Natile Sokolnikovawere invited by Lutheran SocialServices, whichalso provided lan-guage interpreters,to examine childadoption proce-dures in Wisconsinand to study theAmerican justicesystem.

The judges vis-ited Judge MaryK. Wagner,Kenosha CountyCircuit Court, andwatched as she presided over an uncon-tested termination of a parental rightshearing and a guardianship matter.District Court Administrator KerryConnelly escorted the Russian judgesand explained the legal processes andprocedures.

At the Supreme Court, Shagdortovaand Sokolnikova met with Justice N.Patrick Crooks for a tour of the cham-bers and Hearing Room. “They hadexcellent questions and were very inter-ested in Wisconsin’s legal system and

the way our courtdoes things,”Crooks said.“They were veryeager to talk abouttheir country andits legal system.”

The SiberianSupreme Court isroughly compara-ble to our circuitcourts. There are32 judges on theSiberian Supreme

Court, 14 of whom are women. All civiland family cases are under the jurisdic-tion of 10 of the women judges; theother four handle criminal matters.Judges are appointed to 10-year termsbut are expected to obtain lifetimeappointments in the future. !

Russian Judges Visit Kenosha, Madison

Justice N. Patrick Crooks met with RussianSupreme Court Judges Natile Sokolnikova,left, and Tatiana Shagdortova in March.

Sixth District Court AdministratorScott K. Johnson, an Air Force

major, has left his home in Plover for atent city at Ganci Air Base just outsideof Bishkek, Kyrgyzstan. Bishkek is justsouth of the border with Kazakhstan,and about 200 miles north ofAfghanistan.

Johnson is serving as commander ofthe 376 Expeditionary ServicesSquadron, which is a part of the 376Aerospace Expeditionary Wing.“Basically my squadron is responsiblefor all of the various needs that peoplehave,” Johnson reported via e-mail.“We have ‘stood up’ a complete diningfacility that can accommodate1,500–2,000 individuals per meal [and]we have two recreational facilities andone large fitness facility.”

Ganci is home to a coalition offorces from Australia, France, Spain,Korea, Denmark, Norway, and theNetherlands. The troops include AirForce, Marines, Navy, and Army. Oneof Johnson’s biggest challenges is com-municating in the eight languages spo-ken at the base. His deputy squadroncommander is a French lieutenant andhe has a full-time Russian interpreter.

Johnson is a veteran of the AirForce, Air Force Reserve and AirNational Guard. His home unit is the115th Fighter Wing (Air CombatCommand) based at Truax Field inMadison. During the time Johnson is onactive duty, District Eight CourtAdministrator Kathleen M. Murphy ishelping with the administration of thecourts in District Six, which coversAdams, Clark, Columbia, Dodge, GreenLake, Juneau, Marquette, Portage,Sauk, Waushara, and Wood counties. !

DCA Johnson Joins�Enduring Freedom�

District Court Administrator and Air Force MajorScott K. Johnson provides a tour of the facilities atGanci Air Base in Kyrgzstan for Secretary ofDefense Donald Rumsfeld. Ganci is named forPeter J. Ganci, the Fire Chief of the New York CityFire Department who was killed during the 9-11attack at the World Trade Center.

Chief Judge Michael N.Nowakowski, Dane County Circuit

Court, and Professor John Ohnesorge,University of Wisconsin Law School,will travel to Shanghai in June for aweek of discussions with a group ofShanghai judges about the Americanjudicial system. Twenty-one Shanghaijudges will then travel to Madison inJuly for an intensive three-week pro-gram that includes courtroom observa-tion.

The goal of the program is to providethe Chinese judges with an introductionto the American judiciary to assist themin improving the performance of theirown judiciary. “For the past two decadesChina has been involved in a massiveundertaking to reshape its laws and legalinstitutions. The further education andprofessionalization of the Chinese judici-ary is a key part of this undertaking, apart in which the University ofWisconsin Law School and theWisconsin judiciary are now slated toplay an important role,” said ProfessorCharles R. Irish, director of the lawschool’s East Asian Legal StudiesCenter.

Chief Justice Shirley S. Abrahamsonpresided over a formal signing ceremony

on May 13 thatformalized thetraining agreementbetween the lawschool and theShanghai HighPeople’s Court.Abrahamson par-ticipated in twoweeks of judicialeducation in Shanghai and Xian in 1997,and also has lectured at the East ChinaInstitute of Politics and Law inShanghai. “These experiences gave me adeep appreciation for the work thatChina’s judges have done to improve thejustice system,” Abrahamson said. “Thisis no small task, but it is a worthy one.We pledge to continue our exchange ofideas in honor of our commitment tojustice for all people.” !

Dane County Judge to Teach in Shanghai

Chief Judge MichaelN. Nowakowski

Chief Justice ShirleyS. Abrahamson

Professor CharlesR. Irish

Following a lead that Wisconsin set in 1999 when it held agroundbreaking meeting of the state, federal, and tribal

courts, U.S. Supreme Court Justices Sandra Day O’Connorand Stephen Breyer visited two West Coast tribal courts inearly spring, acknowledging the pressing need for bettercross-jurisdictional cooperation.

The justices observed a juvenile drug court hearing and apeacemaking session and met with officials at the SpokaneTribal Court in Washington and theNavajo Nation Tribal Court inArizona. After the three-day tour ofthe tribal courts, Breyer andO'Connor served as faculty at theNational Judicial College’sEssential Skills for Tribal AppellateJudges course in Reno, Nev.

During their time in Reno, thejustices met with several Wisconsintribal judges including Chief JudgeJoseph Martin of the MenomineeTribe, Associate Judicial OfficerStanley Webster of the OneidaAppeals Commission, and ChiefJudge Eugene White-Fish of theForest County Potawatomi Tribe.White-Fish is currently president ofthe National American Indian Court Judges Association.

Following an effort by the State Justice Institute in theearly 1990s, a number of states brought together state andtribal judges to explore ways of cooperating. Wisconsin,however, was the first to invite the federal bench toparticipate.

Wisconsin’s state, federal, and tribal courts began an effortto improve communication and cooperation in March 1999,when the State/Federal/Tribal Study Committee brought

together more than 120 judges, lawyers, professors,legislators, federal marshals, and court staff on the OneidaReservation in Green Bay for a session entitled On CommonGround: A Meeting of State, Federal and Tribal Courts.

Since the Green Bay meeting, an eight-person StudyCommittee of the State/Federal/Tribal Court Forum,comprised of circuit court judges, tribal court judges, andfederal court judges, has continued to work on issues that the

forum identified. The studycommittee’s projects include:developing an informationclearinghouse with each tribe’scourt rules, laws, constitutions,information on jurisdiction,directories of judges and staff, andresources such as treatmentfacilities; organizing state court –tribal court meetings on a regionalbasis; and identifying possibletopics for continuing legal andjudicial education programs.

One of the committee’s latesttasks was approving a proposalfrom the 10th Judicial District todevelop a jurisdictional protocol, aroadmap for the state courts and the

tribal courts for determining which court should handle anygiven case. The protocol was adopted in December 2001 (seeThe Third Branch, winter 2002) and is now operational in the13 northwestern Wisconsin counties that comprise District 10.In April, Chief Judge Edward Brunner and Bad River TribalCounsel Kevin Osterbauer presented the protocols at theFederal Bar Judicial Conference. !

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Wisconsin Tribal Judges Join in Historic Dialogue

Chief Judge Joseph Martin of the Menominee Tribe(left) and Associate Judicial Officer Stanley Websterof the Oneida Appeals Commission (right) meet withU.S. Supreme Court Justices Stephen Breyer andSandra Day O’Connor.

In April, the Wisconsin SupremeCourt heard six oral arguments in

Appleton as part of its Justice onWheels outreach program.

Since it started in 1993, the pro-gram has taken the Court to 12 com-

munities around the state, includingGreen Bay, Eau Claire, Wausau,Milwaukee, La Crosse, Superior,Janesville, Kenosha, Baraboo,Rhinelander, Juneau, and Appleton.

Although in recent years the Courthad traveled two or three timesper term, the justices voted tocut back to just one trip thisterm in recognition of thebudget crisis. In addition, tosave money, items such as arented shuttle van were slashedout of the budget. The justicesinstead hitched a ride to lunchone day in Mayor TimothyHanna’s minivan and, onanother day, LawrenceUniversity brought them tocampus in a school van.

More than 500 people cameout to see the oral arguments atthe Outagamie CountyCourthouse. As is tradition, the

Supreme Court Takes its Show on the Road

Justice David Prosser Jr., left, listens to arguments during one of theSupreme Court's proceedings in Appleton. Prosser was raised inAppleton and lives there still. He represented the area from 1979 to1996 as a member of the state Assembly and served as district attor-ney for Outagamie County, but this was his first time on the bench inAppleton.

Court recruited six local attorneys to studythe briefs in each case, prepare groupsplanning to attend an oral argument, andspeak to the gallery immediately beforethe Court takes the bench.

During their stay, the justices attendedluncheons with students and faculty atLawrence University and with theDowntown Appleton Rotary. Eveningactivities included a reception with theOutagamie County Bar Association and abanquet celebrating the 30th anniversaryof the Outagamie County Volunteers inOffender Services. Chief Justice Shirley S.Abrahamson, a champion of court-relatedvolunteer efforts, was a guest speaker atthe banquet.

Chief Judge Joseph M. Troy, Clerk ofCircuit Court Ruth Janssen, and DistrictCourt Administrator Kathleen M. Murphyhelped with logistics and set-up, andJudge Dennis C. Luebke donated the useof his courtroom for the visit. !

Photo credit: Kristyna Wentz-Graff, the Post-Crescent

Photo used with permission from TheNational Judicial College.

Taylor County recently completed its court renovationproject with two new courtrooms, new court offices, andnew space for Clerk of Circuit Court Yvonne B. Bauer andDistrict Attorney Mara Johnston. The high-tech courtroomhas a digital evidence presentation system and presents adaily thrill for self-described “techy judge” Gary Carlson.A special thrill was had by all on April 10 when Carlsonused the new courtroom to host a district meeting for a

group of 54people, includ-ing judges,clerks of circuitcourt, registersin probate, juve-nile clerks, andjudicial assis-tants. As DeputyDirector of StateCourts PatrickBrummond

commenced his presentation on the budget, a bat emergedfrom the ceiling and began flying around the room. Severaljudges made ill-fated attempts to fell the bat with theirpapers before a maintenance man arrived with a broom anddispatched the animal. Carlson, who joked that he had spentthree days training the bat, has made a “Bat Cave” sign forthe courtroom at the helpful suggestion of Judge Mark A.Mangerson, whose Oneida County courtroom is reportedlyfree of flying mammals.

Sixteen Milwaukee County Circuit Court judges marchedin Milwaukee’s second annual St. Patrick’s Day parade withtheir own float.The float fea-tured a massivephotograph,courtesy ofanother “techyjudge,” CharlesF. Kahn Jr., ofall MilwaukeeCounty CircuitCourt judges.The 16 judgesbraved a nasty winter day with temperatures in the low teensand wind gusts of up to 50 miles per hour. Chief JudgeMichael J. Skwierawski gamely towed the judges’ floatdown Wisconsin Avenue with his Subaru Outback. JudgesMichael T. Sullivan (who had promised to wear a kilt if theweather permitted), Jeffrey A. Kremers, Maxine A. White,Thomas R. Cooper, Thomas P. Donegan, and Richard J.Sankovitz positioned themselves on the float to ensure thatthe well crafted shamrocks didn’t fly away in the wind,while Judges William Brash III, Clare L. Fiorenza, MaryM. Kuhnmuench, John J. DiMotto, Kevin E. Martens,Daniel A. Noonan, and Kahn led the way on foot. TheShepard Express, Milwaukee’s alternative newspaper, calledthe judicial float, which was designed by Kahn, Sullivan,

and Kuhnmuench, “the hit of this year’s parade.”An Associated Press analysis in March showed that

Truth-in-Sentencing has led to longer sentences that couldcost taxpayers an estimated $194.5 million over the nexteight years. Reserve Judge Thomas H. Barland, chair ofthe Criminal Penalties Study Committee that rewrote thecriminal code and called for the creation of a sentencingcommission and sentencing guidelines – items that theLegislature still has not acted on – warned that correctionscosts will continue to rise rapidly unless the Legislature fin-ishes the job. “We’re building much higher costsinto our prison system for the future and we’ll startseeing those costs in the next year or so,” Barlandtold the Leader-Telegram (Eau Claire).

After accepting, for no pay, the job of interimMilwaukee County executive when CountyExecutive Tom Ament quit under pressure, formerWisconsin Supreme Court Justice Janine P. Geskeplotted her course by asking herself, “what wouldShirley do?” in reference to Chief Justice Shirley S.Abrahamson. Geske then undertook an effort tosee firsthand how all county agencies were operat-ing and to meet with the department heads. Shebegan this process by riding around in a snowplowcab during winter’s biggest storm to better understand issuesfacing the Department of Public Works. Geske’s goal was tohave the county in the best possible shape for RepresentativeScott Walker, who succeeded her after winning a specialelection.

Former Milwaukee County Circuit Court Judge RalphGorenstein was injured in March when he crashed his stuntplane near Milwaukee’s Timmerman Airport. Gorensteinwas airlifted to the hospital, but his injuries were limited tocuts and bruises. Witnesses reported that Gorenstein’s planeclipped a utility pole, bounced off a hill, and bumped downinto a field of mud. In January, Gorenstein did 10 days in aFlorida jail for not showing required diver's tags andobstructing a police officer. He served on the bench inMilwaukee County from 1975 to 1987.

Valentine vows were taken before WaukeshaCounty Circuit Judge Patrick L. Snyder inFebruary. The Freeman Newspaper (Waukesha) fea-tured photos of Snyder and the newlywed couples.Judge Peter L. Grimm, Fond du Lac CountyCircuit Court, also performed Valentine nuptials,making the front page of The Reporter (Fond duLac).

Upon hearing that Judge Edward F. Vlack IIIhad taken the bench in St. Croix County in 2001,Clerk of Circuit Court Diana Miller, Eau ClaireCounty, cracked an old yearbook and confirmed hersuspicion that they had been students together inthe late 1960s at North Chicago Community HighSchool. The two shared the stage in a memorable productionof “Li’l Abner,” in which Miller was a member of the cho-rus and Vlack played Marrying Sam.

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Reserve Judge Janine P.Geske

PEOPLE

Milwaukee County Circuit Court judges inthe Annual St. Patrick’s Day Parade

One of Taylor County’s new high-techcourtrooms.

Judge Edward F. Vlack III

see People on page 18

Once the village board approves the final contract, LakeCountry Municipal Court will be adding the Village ofSussex to its workload, reported the Milwaukee Journal

Sentinel. Despite the workload increase of nearly1,000 cases this year from Sussex, MunicipalJudge Douglas Stern, Lake Country, is confidentthat the court can serve an additional community.

The City of Milwaukee played host to a region-al meeting of the National Association of WomenJudges (NAWJ) in April. The meeting brought injudges from state and federal courts in Iowa,Missouri, and Wisconsin. This year, participantsalso included members of the Catholic, Protestant,Muslim, and Jewish faiths to speak to the pro-gram’s theme, “International Peace Through theLens of Faith.” Judge Maxine A. White,Wisconsin’s representative to the NAWJ, helped to

organize the event.La Crosse County Circuit Court Judge Dale T. Pasell

was in the La Crosse Tribune after dismissing the Town ofCampbell’s petition to incorporate as a village. Thereason for the dismissal, he said, was that thetown’s boundaries are unclear because of anothercourt battle over the validity of annexations ofparts of Campbell by the City of La Crosse.

Dane County Circuit Court Judge Daniel R.Moeser made headlines in April by again nixing amourning dove hunt. Moeser last year issued atemporary injunction to halt a planned dove huntand this year he made it permanent, ordering theDepartment of Natural Resources to call off a dovehunt slated for the fall unless the Legislatureapproves it.

Judge Sarah O’Brien, Dane County CircuitCourt, ruled May 3 that the Senate and Assembly chiefclerks must release complete copies of all legal bills thatlegislators and caucus employees have incurred in the inves-tigations into illegal campaigning. Three Wisconsin newspa-pers had sued, seeking the names of individuals receivinglegal advice and access to the bills. The legal bills, whichtaxpayers are paying, nowtotal more than $500,000, TheCapital Times reported.

Judge James AndrewWynn Jr., a national leader inthe field of judicial selectionwho sits on the NorthCarolina Court of Appeals,was selected as the 2002 E.Harold Hallows JudicialFellow. Wynn lectured andparticipated in meetings withAfrican-American lawyers,judicial interns, professors atMarquette University Law School, and more during threedays in April. Marquette created the fellowship to facilitate

exchanges between distinguished members of the judiciaryand lawyers and law students. The fellowship recognizes theachievements of Chief Justice E. Harold Hallows, whoserved on the Wisconsin Supreme Court from 1958 to 1974.Hallows also taught for 19 years at Marquette Law Schooland was a champion of continuing education for lawyers andjudges. He created the Supreme Court’s judicial educationprogram, which, under the leadership of Judicial EducationDirector David H. Hass, puts on dozens of workshops, sem-inars, and conferences each year. The last winner of the E.Harold Hallows Judicial Fellowship was U.S. SupremeCourt Justice Antonin Scalia.

The Wisconsin StateJournal reported that DaneCounty Circuit Court JudgeJohn C. Albert would contin-ue on an open records casethat pits several media organi-zations against the stateEthics Board. Lawyers for theEthics Board had expressedconcern that Albert would bebiased by what he had read inthe newspapers about thecase. “Drawing lines betweenwhat a newspaper might print while it is in litigation andwhat a judge might read is a constitutional black hole,”Albert said.

A national survey that included Wisconsin participantsshows that judges and voters are concerned about the grow-ing impact of money and politics on the courts, reported theMilwaukee Journal Sentinel. “It’s apparent to me that theperception by the public is that there is a serious problemwith the way judicial campaigns are going,” said Janine P.Geske, former Supreme Court justice. Milwaukee CountyCircuit Court Judge Richard P. Sankovitz, who was amongthe judges polled, said that theconcern found in the nationalsurvey about spending by spe-cial interest groups in judicialelections is one he shares.Milwaukee County CircuitJudge Timothy G. Dugan,who served on a state judicialelection and ethics commis-sion from 1997 to 1999, saidpeople clearly “are concernedwith the tenor of judicial elec-tions,” but noted that judicialelections can serve to educatethe public. “Elections encourage judges to get out into thecommunity and speak, and that is part of the educationprocess.”

Circuit Court Judge James P. Daley reprimanded truantjurors recently in Rock County, reported the The Janesville

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Judge Sarah O’Brien

Judge Dale T. Pasell

Judge John C. Albert

Judge James P. Daleyreprimands truant jurors.

see People on page 19

Judge Daniel R. Moeser

Gazette. It was reported that from July 2001 to April 2002,187 people summoned for jury duty failed to show up incourt. Daley holds non-appearance hearings every fewweeks. Typical excuses for getting out of jury duty varyfrom illness to work to family problems. “There are somepeople that look for an excuse no matter what,” said BonnieVanBlaricom, jury clerk.

Daley also told TheJanesville Gazette that theone-year experiment withnight traffic court is over.Scheduling traffic ticket trialsfor two nights each monthcost an estimated $1,000 persession in overtime, Daleysaid. Out of 50 to 60 casesscheduled, only a couple ofdefendants would show up.Daley said consideration isbeing given to handlingsmall-claims cases at night.

He noted that litigants may be more likely to show up forthese matters, and said that handling small claims in theevening would free up courtrooms during the day.

Reflecting on his role in a one-judge county, PierceCounty Circuit Court Judge Robert W. Wing was featuredin the Pierce County Herald (Ellsworth). Wing said hemakes a point of meeting with jurors after a case is over. Hebelieves it is important to empathize with jurors’ frustrationsand does his best to answer their questions. He also notedthat the attitudes of jurors have changed over the years.Years ago, he said, jurors might have sympathized with aperson who had gotten behind the wheel after having toomuch to drink. Now, Wing said, jurors are more likely toworry about driving on the same road with that drunk driver.

On May 3, Cambridge Middle School students plannedto “ride along” for a typical day in the Jefferson CountyCourthouse. Circuit Court Judge William F. Hue, chair ofthe Jefferson County Law Day Committee, said eighth gradestudents from around the county would shadow lawyersfrom the offices of the Jefferson County district attorney and

the public defender as well asattorneys in private practiceand staff from the Clerk ofCircuit Courts office. Theyalso planned a tour of thecourthouse and jail. Lunchand a discussion session wereto be provided by Hue andfellow Jefferson CountyJudges Jacqueline R. Erwin,Randy R. Koschnick, andJohn M. Ullsvik along withClerk of Circuit Courts KenSchopen, reported The

Cambridge News.“Earlier justice is better justice,” Waukesha County

Circuit Court Judges Michael O. Bohren and Patrick C.

Haughney said in a letter to legislators regarding trialdelays due to the unavailability of lab analysts to providetestimony. The analysts, Bohren and Haughney said, havebeen unable to appear for periods of as long as four to sixmonths. The letter prompted two lab supervisors to meetwith Bohren and representatives of the Waukesha CountyDistrict Attorney’s Office and the local bar association,reported the Milwaukee Journal Sentinel.

The Monroe Times featured one of Green County’s localheroes recently. Theodore Goldin, who served as clerk ofcourt for Green County from 1882 to 1885, was one of thefirst Caucasian men to see the Black Hills and one of thelast to see General George Custer before Custer andhis command rode to their deaths on the hills of theLittle Big Horn. Green County Circuit Court JudgeJames R. Beer said he has been interested inGoldin since he came across his name in meetingminutes when he was secretary of the localMasonic Lodge. Beer said he would like to seesome kind of memorial to Goldin, who also wonthe Congressional Medal of Honor. “It would benice to honor him in some way,” Beer said.

Three employees of the Wisconsin court systemreceived full scholarships to attend a conference oncourt/media relations at the National JudicialCollege in Reno, Nev. No state money was spent onthe trip. Chief Judge Barbara A. Kluka and District CourtAdministrator Kerry Connelly, who handle administrationof the courts in Kenosha, Racine, and Walworth counties,joined Deputy District Court Administrator Beth BishopPerrigo, Milwaukee County, and about 25 other judges andcourt administrators from around the country. The three-dayworkshop, called Basic Skills for Disseminating CourtPublic Information, was designed to serve large,urban courts that receive a lot of attention from themedia but do not have the funds to hire full-timepublic information officers. The Wisconsin courtsystem has one public information officer to coverall circuit courts, the Court of Appeals, and theSupreme Court.

“Management disputes, money woes closeBuchanan court” appeared in the Post-Crescent(Appleton) in May. The Buchanan Municipal Courtwas in operation for five years. After it lost moneyfor the last two years, and supervisors clashed withthe municipal judge, the town board voted to shut itdown. Municipal Judge Nancy Bekx, who teachesin the criminal justice program at Fox Valley TechnicalCollege, pointed out that her job was to listen to the peoplewho came before her and to decide cases fairly – not to raisemoney for the town.

“Neenah native poses in-house challenge to WinnebagoDA” in the Post-Crescent (Appleton), noted that WinnebagoCounty District Attorney Joe Paulus is facing oppositionfrom one of his assistants, Atty. Edmund Jelinski, a formerlegislative assistant to U.S. Representative Tom Petri (R-Wisconsin). Jelinski has been in the office less than a year

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Judge Robert W. Wing

Chief Judge Barbara A.Kluka

Judge Michael O. Bohren

Judge James R. Beer

see People on page 22

have one minute to breathe yesterday,”she said.

Chief Judge Kathryn W. Foster,Waukesha County Circuit Court, ishopeful that the center will serve as amodel for other counties. The initial planfor it was developed after she and Clerkof Court Carolyn Evenson attended thenational conference on pro se litigationin Scottsdale, Ariz., modeling it onprograms that had been successfulelsewhere in the country such as theHennepin County Self-Help ServiceCenter in Minneapolis.

As a member of the Wisconsin ProSe Working Group, which produced areport last year detailing the increase inthe number of self-represented litigantsand suggesting possible responses,Foster believes the Waukesha centeroffers a much-needed service at a timewhen many people value theindependence, flexibility, andaffordability of self-representation butlack the resources to benefit from itfully.

The center’s mission is to increasethe accessibility of legal information toself-represented litigants, to fosterunderstanding of the court process, andto increase the efficiency of cases asthey move through trial. The Web siteprovides litigants with the risks, rights,and responsibilities of self-representation, alongside a quiz that

helps them determine whether self-representation is appropriate for theirindividual needs. There is also asearchable collection of user-friendlyforms and instruction sheets and acomprehensive list of frequently askedquestions that steers those who are eventhe most unfamiliar with legal terms andproceedings toward the appropriateresources.

The center has drawn funding from arange of sources, including a $40,000grant from the Greater MilwaukeeFoundation, which helped to supportNehring’s position. Additionally, theState Justice Institute supplied the centerwith $12,000 to assist with developmentof the Web site and purchase ofcomputer equipment. Waukesha Countyrecently completed a capital remodelingproject that included space for theCenter, has provided significant in-kinddollars to support the center's creation,and is currently providing contractedservices dollars to support the projectcoordinator’s position. The county’sDepartment of Senior Services has alsoprovided support to create informationrelated to grandparents’ rights. And,while the center’s opening was met withresistance by a few local lawyers, theState Bar also has provided somefinancial assistance.

The center is currently staffed withcourt personnel who will soon be

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Although the Waukesha County Family Court Self-HelpCenter does not provide any legal advice, it does offer arange of services for people who need assistance andinformation about family cases. It also aids those insearch of legal assistance.

Legal Assistance: The center maintains a roster oflocal attorneys who have volunteered to be listed and areavailable for hire. For those who cannot afford or areuninterested in hiring outside counsel, the center will soonbegin offering brief sessions with local attorneyvolunteers who provide limited counsel for free.

Legal Research Materials: Visitors to the center willfind four computer workstations with access to legalresearch sites. The center also maintains a collection oflegal materials including statute books and local familycourt rules.

Forms and Instructions: An assortment of legal formsis available at the center, with accompanying instructionsthat were written for an audience of little or no legal

background, who intend to represent themselves in familycourt matters. The forms are accessible from the Web site,and hard copies are available at the center.

Community Resource Library: Waukesha Countyhas a range of community agencies that are equipped inspecialized ways to assist families in various legalsituations. The center provides a directory of theseorganizations, including some that offer alternatives tocourt action.

Procedural Information: Another source ofinformation about the law can be found at the centerthrough its procedural checklists, frequently askedquestion lists, its glossary of family law terms, and aseries of general tips on self-representation.

Customer Service: The center is staffed courtpersonnel, and soon will include volunteers who will betrained to help by directing center visitors to theappropriate resources for their needs.

What Services Does the Center Provide?

What is on the WebSite?The Waukesha County FamilyCourt Self-Help Center’s Web site,atcourtselfhelp.waukeshacounty.gov(note that there is no “www”),features the center’s roster of locallawyers, along with their rates andbackground information. The listis searchable by expertise.

All of the forms designed forself-represented litigants areavailable on the site,downloadable in PDF form andsome are also availabl ein aninteractive form. A collection oflinks to state statutes, local familycourt rules, online legal research,and directions to the county lawlibrary are also presented at thesite. For those seeking help withnon-court matters, a directory ofcommunity agencies is alsoprovided.

assisted by volunteers trained toexplain what resources are available,but not to provide legal advice. Thecenter’s family legal clinic, which willopen soon, will provide limited legaladvice from local attorneys, and thereis a roster on the Web site of localattorneys who are available for hire. !

Judge-Elect James R.HabeckMenominee/ShawanoCounty Circuit Court,Branch 1

Shawano Atty. James R.Habeck defeated Atty. David R.Winter, who also practices lawin Shawano, to succeed JudgeEarl W. Schmidt in theMenominee/Shawano CountyCircuit Court. Schmidt, a judge

since 1983, will retire in July (see The Third Branch, winter2002). Habeck received 63 percent of the vote.

Habeck has been family and judicial court commissionerfor Shawano County since 1983. He also has served as aprosecutor in the Shawano County District Attorney’s Officeand was the county’s first civil law corporation counsel.Since 1987, Habeck has been legal counsel to the WisconsinTowns Association, advising officials on public records lawand handling a wide range of legal questions.

A graduate of Marquette Law School, Habeck is an elect-ed director for the Wisconsin Family Court CommissionersAssociation and serves as director for the Shawano AreaChamber of Commerce.

Habeck grew up in New Glarus and now lives in Wescottwith his wife, Penny.

Judge William W. Brash IIIMilwaukee County CircuitCourt, Branch 21

Judge William W. Brash IIIwon a full, six-year term in theMilwaukee County CircuitCourt, defeating challenger Atty.Ramon A. Valdez, a Milwaukeelawyer who concentrates oncriminal defense work, by amargin of 71,362-43,047 votes.Governor Scott McCallum

appointed Brash to replace the late Judge Stanley Miller inNovember 2001 (see The Third Branch, winter 2002).

Brash sits in Milwaukee County’s MisdemeanorDivision. Prior to his appointment to the bench, he workedfor more than 23 years in private practice. From 1984 to1997, Brash served as municipal judge for the Village ofFox Point and from 1997 to 2001 he was a reserve munici-pal judge for Milwaukee.

Brash is a native of Panama. He and his wife, Ruth, haveone son and live in Fox Point.

Judge Louis B. Butler Jr.Milwaukee County Circuit Court, Branch 9

Milwaukee Municipal Court Judge Louis B. Butler Jr.defeated incumbent Judge Robert Crawford by a wide mar-gin to win election to Branch 9 of the Milwaukee CountyCircuit Court.

Butler, who received 83,228 votes to Crawford’s 44,282,

had also come out on top in the primary. Crawford rose to the bench in 1996, defeating incumbent

Judge Russell Stamper, who was the county’s seniorAfrican-American judge. Crawford quickly became thefocus of controversy when he began crafting sentences thatincluded public humiliation components.

After less than a year on the bench, Crawford became theonly Milwaukee County Circuit Court judge to have hishours regulated by administrative order. He had developed apractice of keeping court in session through the lunch hourand into the evening, prompting former Chief Judge PatrickT. Sheedy to issue an order requiring him to give breaks tostaff and advising that regularly working into the evening isnot acceptable as it imposes unnecessary hardships onjurors, witnesses, and court staff. Chief Judge Michael J.Skwierawski reiterated the order in 1998 after receivinginformation that Crawford was violating it.

Crawford’s relationship with Skwierawski and DistrictCourt Administrator Bruce Harvey further deteriorated whenCrawford accused Skwierawski and Harvey of influencepeddling. He threatened to make these accusations publicunless Skwierawski backed off the order regulatingCrawford’s work hours. The Supreme Court eventually sus-pended Crawford from the bench for 75 days for engagingin “seriously unacceptable judicial behavior.”

Butler held endorsements from public employee unions,legislators and law enforcement organizations. WisconsinSupreme Court Justice Diane S. Sykes, Butler’s formeropponent for the seat she now holds, publicly endorsed himin March.

A 1973 graduate of Lawrence University, Butler complet-ed a law degree at the University of Wisconsin Law Schoolin 1977. In June 1992, Butler was appointed to theMilwaukee Municipal Court. He is also the current presidentof the Wisconsin Municipal Judges Association and is on theboard of directors for Milwaukee Access Telecommunica-tions Authority.

In addition to being a frequent lecturer in criminal lawand procedure, Butler has served as an adjunct assistant pro-fessor of law at Marquette University Law School. He alsocurrently serves on the faculty of the National JudicialCollege in Reno, Nev.

Judge Kevin E. MartensMilwaukee County Circuit Court, Branch 27

Judge Kevin E. Martens won election to a full, six-year term by a margin of 69,527 to 50,594 votes,defeating Atty. John J. Brennan of Previant, Goldberg,Uelmen, Gratz, Miller & Brueggeman, S.C. Martenswas appointed to the seat last spring to replace JudgeThomas P. Doherty upon Doherty’s retirement (see TheThird Branch, summer 2001).

Having a Brennan run for judicial office caused themedia and the public some confusion. Two Brennansare already on the bench in Milwaukee County – KittyK. and Michael B. – and another (Michael W.) is areserve judge in Marshfield. Judge Kitty K. Brennan – who

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2002 ELECTION continued from page 4

Judge William W. Brash III

see Election on page 22

Judge Kevin E. Martens

Judge-Elect James R.Habeck

is not up for re-election until 2006 – told the MilwaukeeJournal Sentinel, “I’m getting tons of calls. People who Iwould have thought would have known better think I’m run-ning.”

Martens is Milwaukee County’s second Hispanic judge.He began his career as a law clerk to Judge Robert W.Warren in U.S. District Court in Milwaukee. He then spent ayear and a half as an associate with Foley & Lardner, wherehe worked on litigation. From March 1997 until his appoint-ment to the bench, Martens was an assistant U.S. attorney.He specialized in prosecuting civil health care, benefit, andprogram fraud cases.

Judge-Elect Molly E. GaleWyrickPolk County Circuit Court, Branch 1

Osceola Atty. Molly E. GaleWyrick defeated PolkCounty District Atty. Mark D. Biller by a margin of4,025 to 2,004 votes to win election to Branch 1 ofthe Polk County Circuit Court. She will replace JudgeJames R. Erickson, who has served on the court since1984 and will step down in July (see The ThirdBranch, winter 2002).

GaleWyrick, who has been in private practice forthe past 14 years (currently with Ludvigson &GaleWyrick, S.C.), highlighted her experience in

family law throughout her campaign. She spoke extensivelyon the issues of domestic violence and abuse of alcohol andother drugs.

GaleWyrick received her law degree from HamlineUniversity Law School in Minnesota. She is president of theboard of directors of Polk County Kinship, a director of theSt. Croix Valley Community Foundation, chair of theAlternate Education Committee for the Amery SchoolDistrict, a religious education teacher, and a former boardmember of the Polk and Burnett County CommunityReferral Agency. She is also an advocate for communityinvolvement by lawyers.

GaleWyrick and her husband, Ken, live in the Ameryarea and have two grown children. !

Judge-Elect Molly E.GaleWyrick

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Madison for law school and then went on to earn an M.B.A.from the University of Texas. In addition to practicing lawand serving as a municipal judge, Kasimatis was a licensedreal estate broker.

His son, John, and daughter, Ellen, survive him along witha sister and grandchildren, nieces, and nephews.

Judge David SeboraCalumet County Circuit Court

Judge David Sebora, who served on the bench in CalumetCounty from 1955 until his retirement in 1980, died inJanuary at his winter home in Florida. He was 85.

Sebora began his career in the law by working in privatepractice in Brillion and, in 1946, became Calumet County’spart-time district attorney. Following his 24 years on thebench, Sebora served for 16 years as a reserve judge, hearingcases in more than two dozen counties.

Sebora was known for being strict with attorneys but com-passionate toward litigants. He was an inspiration to manywho knew him because of the way he lived life in spite of hisdisability. He was stricken with polio at age five and walkedwith crutches for the next 65 years until his shoulders gaveout. In an interview with the Post-Crescent (Appleton),Sebora’s son, David, recalled that when his father was tograduate from Emerson High School in Stevens Point, theprincipal worried that his disability would distract from theceremony and barred him from attending. Sebora appealedand prevailed, collecting his diploma alongside his classmatesin 1934.

“He was,” said his son, “a man of great determination andspirit.” !

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joined together to ask the Supreme Court to adopt a new rulegiving them guidelines on what they can, and cannot, tell thepublic. It is hoped that the guidelines might improve theability of the courts’ “gatekeepers” to provide qualitycustomer service while steering clear of the unauthorizedpractice of law.

Many of those seeking answers in the clerks’ offices areself-represented litigants. Clerk of Circuit Court JudyColeman told the Supreme Court that, in Dane County alone,a two-month snapshot of family court filings in 1999 revealedthat in 48 percent of the cases, both litigants were self-represented. In 2002, in a similar two-month snapshot, thatnumber increased to 60 percent. And family cases where bothparties were represented by counsel decreased in the last threeyears from 21 percent to 13 percent. “Due to the fact that self-represented litigants are unfamiliar with court terminologyand procedures, the demand on court staff to provideassistance is also steadily increasing,” Coleman said.

The Court adopted the proposed guidelines by aunanimous vote, giving the clerks direction not only on whatinformation they can provide – but also on what they cannot.The new rule lists 17 common requests that staff shoulddecline to answer. !

The new rule is available on the court system Web site atwww.courts.state.wi.us/sc/sc_rules/01-18.pdf.

Rules continued from page 9

and intends to run on the Republicanticket. Paulus, who has been the dis-trict attorney for 14 years, has notannounced whether he intends to seekanother term.

On April 26, Sherie Sasso, judi-cial assistant to Justice Ann WalshBradley, led a group of about 70members of the WisconsinAssociation for Legal Professionals(WALP) on a tour of the newly reno-vated Supreme Court Hearing Roomand chambers. The group, which was

in Madison for its 35th annual meeting and educational con-ference, learned how oral arguments are conducted and howopinions are assigned and written. Chief Justice Shirley S.

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Sherie Sasso, right, leads members of the Wisconsin Association for LegalProfessionals in a tour of the SupremeCourt Hearing Room and chambers.

The

Thi

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h Chief JusticeShirley S. Abrahamson

Director of State CourtsJ. Denis Moran

EditorAmanda K. Todd

Associate EditorC. Colleen Flesher

Contributing WritersSheryl GervasiSarah GoforthBeth Bishop PerrigoDeborah SalmDan Wassink

Editorial CommitteeHon. Michael J. RosboroughVernon County Circuit CourtGregg T. MooreDistrict Court AdministratorCarolyn OlsonIowa County Clerk of CircuitCourt

Graphic Design/LayoutC. Colleen Flesher

The Third Branch is aquarterly publication of theDirector of State CourtsOffice, providing news ofinterest to the WisconsinJudiciary.

Send questions, comments,and article ideas to: Amanda K. ToddCourt Information OfficerP.O. Box 1688Madison, WI 53701-1688phone(608) 264-6256e-mailamanda.todd@courts.state.wi.usfax(608) 261-8299

www.courts.state.wi.us

electronic communication, where appropriate, toreplace or supplement more traditional and costlymeans at all three levels of court; and reduction ofthe number, frequency, and duration of face-to-facemeetings to save on travel and lodging costs. Inaddition, fewer reserve judges and per diem courtreporters are being used, and some vacant posi-tions in the Director of State Courts Office aregoing unfilled.

The Court continues to discuss further possiblecuts, but has said that no cut will be taken thatjeopardizes the capacity of the judicial branch tofunction as needed and intended under the stateConstitution. At this time, the court-related items on which theconference committee has agreed are as follows: ❒ Increasing the court support services fee

(collected on most civil filings and forfeitures)by 30 percent. This fee increase, effective July1, will generate approximately $8.1 millionannually in revenues, to be deposited to thestate’s general fund. The governor proposedthe fee increase as a means to exempt thecircuit courts, Court of Appeals, SupremeCourt, and State Public Defender’s Office fromfurther budget reductions.

❒ Adding $10.7 million to the State PublicDefender’s Office budget to address a shortfallin private bar funding.

❒ Creating a Commission on Local Governmentthat will review local government spendingand efficient delivery of services, along withstate mandates and the diversification of localrevenue sources.

More than 300 items of disagreement were stillon the table for the conference committee’s discus-sion. Those include:

Court funding. This refers to the sum sufficientbudgets that fund the case-deciding functions ofthe three levels of court. While the Assemblyincluded the court support services fee increase, italso required the courts to lapse the equivalent of5.5 percent of their funding in fiscal year 2002-03.The Senate restored the governor’s provision toexempt the courts’ operations appropriations fromfurther reductions.

Truth-in-Sentencing. Both the Senate andAssembly included the governor’s reclassification

of the criminal code and the recreation of a sen-tencing commission that was developed by theCriminal Penalties Study Committee. However, theSenate has adopted modifications to the Truth-in-Sentencing provisions that would require a sen-tencing court to: make explicit findings of fact onthe record to support each element of its sentenc-ing decision; permit petitions by inmates for sen-tence modification if the inmate has served at least25 percent of the term of confinement; and requirethe appellate court to reverse the sentencing deci-sion if it determines that there is not substantialevidence in the record to support the decision. Aletter expressing the concerns of the Committee ofChief Judges and the Legislative Committee of theJudicial Conference about these amendments hasbeen forwarded to the conference committee.

Domestic abuse injunctions. These changes wereintroduced in the regular session as SB 438. Thebill expands the definition of domestic abuse toinclude “dating relationships” and would requirethat an injunction hearing be held within 14 daysrather than seven. It also extends the maximumlength of the injunction from two years to four.

Out-of-home placements. These changes, addedby the Assembly, are similar to AB 809 that wasintroduced in the regular session that would makechanges to Wisconsin Statutes Chapters 48 and 938to conform these statutes to the requirements of thefederal Adoption and Safe Families Act of 1997.The changes affect: dispositional orders; consentdecrees; changes in placement; child in need ofprotection and/or services (CHIPS) petitions; per-manency plans; and involuntary terminations ofparental rights.

Other issues before the conference committeeare Senate provisions concerning an early stateemployee retirement incentive plan, campaignfinancing, funding of the intensive sanctions pro-gram, a new privilege for domestic abuse victimadvocates, and stalking offense changes.

Both houses must vote on the conferencecommittee document without making changes.Upon passage, the bill will go to the governor forhis signature. Because the bill contains appropria-tions, the governor may use his partial veto tochange it. !

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Director Moran is on the Mend

Director of State CourtsJ. Denis Moran

Director of State Courts J.Denis Moran underwent

surgery on March 14 and is con-tinuing to recover. He is cur-rently receiving physical andoccupational therapy as an out-patient. There is no word on hisexpected date of return.

Moran prefers not to receiveflowers or plants, but welcomescards to his home. Anyonewishing to reach him by tele-phone is asked to call JaneHough or Lori Irmen at hisoffice and leave a message forhim at (608) 266-6828. !