Winter2003

H I G H L I G H T S

Truth-in-Sentencingtakes effect

This month, Wisconsin took the finalstep in the transition from indeter-

minate to determinate sentencing.Judges prepared by participating inintensive truth-in-sentencing seminarsoffered by the Office of JudicialEducation in Pewaukee and WisconsinRapids in January. Faculty includedReserve Judge Thomas H. Barland, EauClaire; circuit court Judges Elsa C.Lamelas and Richard J. Sankovitz,Milwaukee County, and Patrick J.Fiedler, Dane County; and ProfessorThomas Hammer, Marquette LawSchool.

Here is the latest Truth-in-Sentencing news:

PaperworkFor certain crimes committed on or

after Feb. 1, 2003, judges must usesentencing guideline notes and work-sheets. There are currently 11 differentcrimes for which sentencing guidelineshave been developed. The forms need tobe sent to the new WisconsinSentencing Commission at P.O. Box7856, Madison, WI 53707-7856.

All of the necessary paperwork maybe downloaded from the courts’ Website atwww.wicourts.gov/circuit/Truth_In_Sentencing.htm.

The Sentencing CommissionThe new, 21-person Wisconsin

Sentencing Commission is not yetcomplete but is already experiencing

Director of State Courts J. DenisMoran, the administrative head of

the Wisconsin court system since Oct. 1,1978, has announced that he will retireeffective May 31. Moran, 60, was thefirst director of the reorganized courtsystem.

As a lawyer, courtadministrator, and formerlaw enforcement officer,Moran brought a broadrange of skills andinterests to the job. “Ithas been a privilege toserve the people and thecourts of Wisconsin andto work with and get toknow so many of youover the [past] 24 years,”Moran wrote in a message to judges andcourt staff. “Our accomplishments havebeen both significant and lasting andhave earned Wisconsin’s court system areputation as among the best in thecountry.”

Chief Justice Shirley S. Abrahamsonagreed. “Our judges and court staff arein demand on the faculty of national andinternational conferences because otherjurisdictions recognize that Wisconsin isdoing great things,” she said. “Denis hasbeen an important part of that.”

The National Association for CourtManagement honored Moran in 2002

with its Award of Merit, given for“leadership and excellence in theadvancement of the ideals and principlesof modern judicial management andprofessional court management.” UnderMoran’s leadership, the Wisconsin

courts’ commitment toexcellence andinnovation has led tonumerous initiatives thatjurisdictions around thenation and the world arereplicating. One keyproject that has becomea model for the nation isa state-of-the-artcomputer network in thecircuit courts. Theautomation initiative,

now known as the Consolidated CourtAutomation Programs (CCAP), hasmade the courts more efficient and hasfacilitated information sharing withvarious state agencies in a timely andcost effective manner.

In addition to leading innovativeprojects, Moran has overseenmanagement of the statewide system,leading efforts to improve courthousesecurity and customer service and toprovide quality continuing education forthe state’s judges. With his staff andunder the direction of the Supreme

2 DOC changes offender supervision3 Judicial campaigns heat up6 OLR consolidates in Madison7 Milwaukee unveils new PSA campaign

to recruit foster families

9 Retirements12 Volunteers15 People18 Celebrating the Sesquicentennial

Director of state courts announces retirement

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www.wicourts.gov

Vol 111 NNo 11

J. Denis Moran

Voelker, Gervasi are appointed The Supreme Court has

appointed John Voelker asinterim director of state courtsand Sheryl Gervasi as interimdeputy director for courtoperations. Both appointmentsare effective March 3.

Voelker has been with thecourt system for 11 years, thelast five as the executive assistant to the chief justice. In this role, he hasbeen responsible for a variety of system wide initiatives focused on issuessuch as courthouse safety and how to better serve self-represented litigants.

Gervasi has been with the court system since 1972. As legislative liaisonin the Director of State Courts Office, she works with the Legislature andwith numerous court committees on issues that affect the judicial system.

Gervasi and Voelker will adopt their new duties in addition to coveringtheir previous positions. !

see TIS on page 17

see Moran on page 11

Court staff analyzingbudget

At press time, staff in the Directorof State Courts Office was working toanalyze the cuts contained in thegovernor’s budget.

When it is determined what the cutswill mean to the court system, theDirector of State Courts Office willadvise the judges and staff. !

Sheryl GervasiJohn Voelker

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DOC changes offender supervisionby Richard F. Raemisch, administrator

Division of Community Corrections

Effective January 6, the Wisconsin Department of Corrections (DOC)Division of Community Corrections (DCC) began workload modification for

probation agents that changes the way certain non-assaultive offenders aresupervised.

The DCC currently supervises nearly 66,000 persons in the community whoare on probation, parole or extended supervision.

A number of factors have led to the changes. First, the budget adjustment billpassed by the Legislature last year reduced the DCC by 90 positions, 76 of whichwere probation and parole agents. Second, the offender population continues togrow; in October and November 2002, this population increased by more than2,500 new offenders. Third, the DOC completed a new time study of agents’workloads. Since 1989, when the last study was conducted, many new initiativeshave affected agent workload. These include, but are not limited to: electronicmonitoring, intensive supervision of sex offenders, and changes in the Fair LaborStandards Act.

In November and December 2002, the DCC briefed the Committee of ChiefJudges and the district court administrators, in addition to the public defendersand district attorneys, on the supervision changes.

There are six levels of supervision for offenders on probation, parole, orextended supervision (see sidebar). The DCC has made the followingmodifications:

1) Non-assaultive misdemeanor cases with no assaultive history are to besupervised no higher than medium. Misdemeanors with enhanced penaltieswill be treated the same as felonies.

2) Offenders serving more than 60 days of jail time will be supervised no higherthan medium until the last 30 days of the confinement.

3) All cases on an extension for financial reasons only will not exceed medium.

4) All non-assaultive probations with no assaultive history, serving a probationof one year or less, will be supervised at minimum.

Some of the types of cases that might be affected are listed below. During2001, the department opened misdemeanor probation cases for these offenses,which accounted for more than 10,000 new probation cases that year:

" 3,750 thefts and shoplifting

" 2,600 simple possession of controlled substances

" 1,300 misdemeanor bail jumping

" 1,700 damage to property

" 660 worthless checks

" 400 trespass to building

Here is the process: During the initial 30 days of supervision, a person placedon probation for a non-assaultive misdemeanor will meet with a Probation andParole agent, receive and sign rules of supervision, and complete a brief socialhistory questionnaire. The agent will review the judgment of conviction andcriminal complaint, verify the offender’s prior criminal history, and visit theoffender’s residence.

The agent then will complete an initial classification document, assessing riskand need factors and developing a case plan to address court-ordered conditions,

The levels ofsupervision

There are six levels ofsupervision for offenders onprobation, parole, or extendedsupervision. They are:

Intensive (used for sexoffenders only)One face-to-face contactevery seven days; one homevisit every 30 days (nowaivers; offender or collat-eral contact required); twocollateral contacts every 30days. Monthly contact withemployer.

High riskOne face-to-face contactevery seven days; one homevisit every 30 days (agentmust enter the home);monthly verification ofemployment and other collat-erals as appropriate.

MaximumOne face-to-face contact byan agent every 14 days; homevisits once every 30 days;collateral contacts as appro-priate.

MediumOne face-to-face contactevery 30 days; home visitsevery 60 days.

MinimumOne face-to-face contactevery 90 days, with reportform mailed by offenderduring non-report months.Home visits as appropriate.

AdministrativeOne face-to-face contactevery six months, withreports by mail or phoneduring non-report months.Home visits as appropriate.

see DOC on page 14

Thirteen judicial races are underway across the state,including seven in which an incumbent is facing a

challenge. Voters went to the polls on February 18 to narrowthe fields in circuit court races in Adams, Burnett, Dane,Milwaukee, and Polk counties and to select the twocandidates who will face off on April 1 for the SupremeCourt.

Here is a rundown of the races (the varying amount ofinformation reflects what the candidates provided):

Supreme Court of WisconsinBrunner v. Roggensack

In a race that one editorial writercalled Wisconsin’s “most importantpolitical contest of 2003,” ChiefJudge Edward R. Brunner of BarronCounty is matched against Court ofAppeals Judge Patience D.Roggensack of Madison in the raceto replace Justice William A.Bablitch, who will retire thissummer after 20 years on theSupreme Court.

Roggensack came out on top in the primary, with 107,500votes to Brunner’s 89,000. Finishing in third place was DaneCounty Circuit Court Judge Paul B. Higginbotham with77,500 votes. Higginbotham was the first-place finisher intwo counties – Dane and Douglas – and he placed second toRoggensack in Milwaukee County.

In his campaign, Brunner is emphasizing two things: acommitment to taking what he calls “the high road to the

high court” by refusing to accept campaign contributionsfrom political action committees (PACs), and an approach tojudging that emphasizes innovation.

Roggensack, 62, also is focusing on two things: heremphasis on clear and concise communication in theopinions she authors, and her seven years of experience onthe Wisconsin Court of Appeals. She points out that noCourt of Appeals judge ever has sat on the WisconsinSupreme Court and suggests that the Court of Appeals andSupreme Court need to work more closely together as an“appellate team” to increase the number of cases handledby the Supreme Court and improve the processing ofappeals. Roggensack has said that the state’s highest courtcould double its output and issue opinions that are shorterand clearer.

In response to Brunner’s no-PAC vow, Roggensackdeclared her support for increased public funding of judicialcampaigns but said that PACs are not inherently bad.

Brunner, who celebrated his 55th birthday on ElectionDay, is emphasizing his leadership as both a chief judge andan innovative jurist who has developed restorative justiceprograms in his community. He believes judges have aresponsibility to continually innovate, think creatively, andfind ways to improve the administration of justice. In his 15years as a judge, Brunner has led efforts to better serve self-represented litigants in his 13-county northwest Wisconsindistrict and has improved the treatment of children in need ofprotection and/or services by starting child advocacy teams.He also has developed a system for solving jurisdictionaldisputes with the tribal courts.

Roggensack, too, has been involved in judicial

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Judicial campaigns heat up

Chief Judge Edward R.Brunner

The rest of the story�The following judges are unopposed for election or reelection:

Court of Appeals Judges Ted E. Wedemeyer Jr., Michael W. Hoover, and David G. Deininger; Brown County CircuitCourt Judges William M. Atkinson, J.D. McKay, and Donald R. Zuidmulder; Columbia County Circuit Court JudgesDaniel S. George and Richard L. Rehm; Dane County Circuit Court Judges Angela B. Bartell, Moria Krueger,Daniel R. Moeser, and Michael N. Nowakowski; Douglas County Circuit Court Judges George T. Glonek andMichael T. Lucci; Dunn County Circuit Court Judge Rod W. Smeltzer; Fond du Lac County Circuit Court JudgeRichard J. Nuss; Grant County Circuit Court Judge George S. Curry; Jefferson County Circuit Court JudgesJacqueline R. Erwin and John M. Ullsvik; Kenosha County Circuit Court Judges David M. Bastianelli, Mary K.Wagner, and Wilbur W. Warren III; La Crosse County Circuit Court Judges Dennis G. Montabon and John J. Perlich;Lafayette County Circuit Court Judge William D. Johnston; Milwaukee County Circuit Court Judges Jeffrey A.Conen, M. Joseph Donald, Jean W. DiMotto, Michael J. Dwyer, Clare L. Fiorenza, David A. Hansher, Richard J.Sankovitz, and Timothy Witkowiak; Outagamie County Circuit Court Judges Michael W. Gage and Dennis C.Luebke; Ozaukee County Circuit Court Judges Paul V. Malloy and Joseph D. McCormack; Racine County CircuitCourt Judge Faye M. Flancher, Wayne J. Marik, and Alan B. “Pat” Torhorst; Richland County Circuit Court JudgeEdward E. Leineweber; Rock County Circuit Court Judges John W. Roethe and Richard T. Werner; Sawyer CountyCircuit Court Judge Norman L. Yackel; Sheboygan County Circuit Court Judge L. Edward Stengel; WalworthCounty Circuit Court Judge John R. Race; Washburn County Circuit Court Judge Eugene D. Harrington; WaukeshaCounty Circuit Court Judges J. Mac Davis and James R. Kieffer; and Winnebago County Circuit Court Judge BruceK. Schmidt.

2003 ELECTION

see Elections on page 21

Judge Patience D.Roggensack

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Haase honored for mediation efforts

Judge Robert A. Haase, Winnebago County Circuit Court,was the recipient of the Wisconsin Association of Mediators’2002 Distinguished Service Award.

Initiated 12 years ago and spearheaded by Haase, theWinnebago Conflict Resolution Center, Inc. currently has 57volunteer mediators and a waiting list for its annual mediatortraining.

Past award winners include Chief Justice Shirley S.Abrahamson and Governor Jim Doyle.

Nichol is named 'Judge of the Year'

Judge Gerald C. Nichol, on the bench in DaneCounty Circuit Court for 15 years, has been named‘Judge of the Year’ by the State Bar of Wisconsin’sBench/Bar Committee. Nichol is the first Dane Countyjudge ever to win the award.

According to the State Bar, the award honors a judgewho “displays high ideals, personal character, [and]judicial excellence and who is a leader in advancing thequality of justice, judicial education or innovativeprograms.”

Nichol has presided over many high-profile trials,including the first murder trial in Dane County that reliedupon DNA evidence. He also has been active in judicialadministration, serving on the Judicial Education Committeeand the board of directors of the Wisconsin Law Foundation.

Past recipients of this award include circuit court JudgesMaxine A. White, Milwaukee County; Thomas H. Barland,Eau Claire County; Dennis J. Barry, Racine County; HaroldV. Froehlich, Outagamie County; Michael P. Sullivan,Milwaukee County; and Gary L. Carlson, Taylor County.

Snyder honored for lifetime achievement

Judge Patrick L. Snyder, Waukesha County CircuitCourt, has been chosen for the State Bar of Wisconsin’s‘Lifetime Jurist Achievement Award’ to be presentedduring the Member Recognition Luncheon at the Bar’sMay convention in Milwaukee.

The award recognizes a jurist with at least 12 years’experience as a trial judge who has demonstratedoutstanding service during their years as a sitting judge.

Snyder will retire in June after more than 25 years onthe bench in Waukesha County (see separate story).

Past recipients include Judges Edwin Dahlberg,Myron L. Gordon, John A. Decker, Patrick T. Sheedy, Peter G.Pappas, Mark J. Farnum, and P. Charles Jones.

Trial lawyers honor Sullivan for 25 yearsof service

In December, the Wisconsin Academy of Trial Lawyers(WATL) recognized Milwaukee County Judge Michael P.Sullivan for his 25 years of service on the bench andpresiding over 500 jury trials.

Sullivan was elected to the Milwaukee County bench in1977. He is currently deputy chief judge and will become

District One’s chief judge on August 1 upon the retirement ofChief Judge Michael J. Skwierawski (see separate story).

WATL President Lynn R. Laufenberg, Milwaukee, praisedSullivan, saying, “I have had the privilege of trying cases inJudge Sullivan’s courtroom. He epitomizes the best in a trialcourt judge. He is firm, fair, and informed. He treats partiesand counsel alike with respect. But, more importantly, hetreats jurors with respect. In this age when jury duty, particu-larly in Milwaukee County, is viewed as a burden, JudgeSullivan conveys to the jury the very important role they playin our civil justice system.”

White wins Sacagawea Award

Judge Maxine A. White,Milwaukee County Circuit Court,will be honored with theSacagawea Award (fromProfessional Dimensions, Inc.) at aMarch 6 program at the MidwestExpress Center in Milwaukee.

The award is named for theNative American woman who ledLewis and Clark on their famousexpedition to find the NorthwestPassage to the Pacific Ocean. UW Milwaukee ChancellorNancy Zimpher is the other 2003 honoree.

A national three-year celebration commemorating the200th anniversary of Lewis and Clark’s expedition began infall 2002. The awards dinner will include a presentation byAmy Mossett, co-chair of the Bicentennial Council’sSacagawea tribute, and a member of the Mandan and Hidatsatribes of North Dakota.

In announcing White’s selection for the honor, the groupwrote: “White encourages success in the next generation notonly by being a role model, but also by providing guidanceand advice to other women who have chosen the law as acareer, and younger women who are still considering theirpath.” !

Judge Gerald C. Nichol

Judge Patrick L. Snyder

Deputy Chief Judge Michael P. Sullivan, District One, receivesan award for 25 years of service from Atty. Dan Stevens of theWisconsin Academy of Trial Lawyers. Stevens presentedSullivan with a three-foot gavel from the organization.

Judge Maxine A. White

AWARDS

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Judges, law enforcement, medical professionals, socialworkers, school staff, attorneys, and others will soon have

an opportunity to review recommended changes in howinformation about children is shared. The recommendationswill be distributed through regional summits in 2003,although a definite timetable has not been set.

The recommendations come from the ConfidentialityAdvisory Board, which is comprised of 50 people whorepresent the many diverse groups – doctors, teachers, socialworkers, judges, juvenile clerks, tribal leaders, and more –that work with children. The board works under theConfidentiality Project, a partnership between the Director ofState Courts Office and the Wisconsin Department of Justice.

The proposed changes are meant to improve informationsharing to protect the safety and well being of childreninvolved with the law or social services. They are as follows:

Considerations for changes in the lawDevelop a uniform statutory definition for the term “record”that addresses the issue of electronic records.

EducationCompile in one volume state and federal laws dealing withconfidentiality that affect family members involved inchildren’s court proceedings.

Develop a guide for parents explaining the process forreleasing information and their options when decidingwhether to sign consents for release of their child's records.

Develop a guide for new system participants. The guidewould include a philosophical statement; answers to questionsabout release of specific records to specific systemparticipants; the relevant laws; sample releases ofinformation; and best practices guides.

Support training in confidentiality issues specific to domesticviolence.

Education CoordinationDiscuss the creation of an information clearinghouse, panel orombudsman as a resource to ensure information-sharingguidelines are understood. This entity might developmultidisciplinary training in confidentiality issues; a processfor updating confidentiality information; and model forms,practice guidelines, and agency agreements or memoranda ofunderstanding for use with service teams representing variousagencies. !

For more information, contact Calder at (608) 266-1557 orcheryl.calder@courts.state.wi.us.

Confidentiality Project releases recommendations on information sharingby Cheryl Calder, directorCourt Improvement Program

On April 5, 1999, the Wisconsin Circuit Court Access(WCCA) system opened its doors in cyberspace,

allowing anyone with access to the Internet to search circuitcourt records by typing in an individual’s name.

WCCA had been up for less than two years when it beganto receive national attention as a model system for providingthe public with access to government records. Now, anestimated 511,000 individualqueries are processed byWCCA every day.

In February 2003, CCAPunveiled a new and improvedWCCA followingrecommendations from twocommittees: an oversightcommittee focusing on policyquestions such as whatinformation should be providedon the site and a redesigncommittee focusing on data clarity, functionality, andappearance.

WCCA’s new look makes the presentation of courtinformation more understandable to the public. A separateversion of WCCA that contains confidential court caseinformation will be available to justice agency partners.

Finally, an improved management system for monitoringthe various servers that feed into WCCA will assist inidentifying bottlenecks in transferring data and resolvingproblems more quickly. !

CCAP unveils new, improved WCCA New Web address and e-mailaccounts on tap

The Wisconsin court system has a new address in cyber-space: www.wicourts.gov. The shorter, more easily

pronounceable url replaced the www.courts.state.wi.usaddress in December. By the end of 2003, the lengthy e-mail addresses for court personnel will also change,swapping the current variety of suffixes for

“@wicourts.gov.”This is one of many e-

mail changes on tap.Simultaneously, Courtpersonnel will be transferredonto the Novell GroupWisee-mail package with conver-sions starting in 2003.Among other features, thissystem will allowConsolidated CourtAutomation Program

(CCAP) users to check their e-mail from remote locations.The upgraded system will be tested, configured, and

installed throughout 2003; the accounts in the circuit courtsare expected to be easiest to transition and those personnel,therefore, will be converted first. Employees in theSupreme Court, Court of Appeals, and Director of StateCourts Office will be implemented after that. Training willbe provided to all court system users by CCAP on the newe-mail system. !

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In the past two or three years, studentrecruitment has become the number

one priority for the state and nationalcourt reporter associations. Numbersfrom the National Court ReportersAssociation show that these efforts arepaying off. Reflecting a national trend,Wisconsin court reporting programsshow enrollments that are double andtriple what they were in 2001. AtMadison Area Technical College, 22students began the program in 2001; infall 2002, that jumped to 75-80beginning students. LakeshoreTechnical Institute doubled its 2001enrollment of 25 beginners; fall 2002brought in 50 new students.

This news is cause for celebrationin the courts where, for many years,administrators have been coping with ashortage of official court reporters. Insome areas of the state, vacanciesremain open for extended periods andcourt reporters must travel from court-houses in neighboring counties toprovide coverage. In 1998, theSupreme Court’s Planning and PolicyAdvisory Committee appointed amultidisciplinary group to study thisissue and make recommendations. Thegroup’s report, released in August2000, recommended that back-up tech-nology be made available in each

courthouse to ensure preservation ofthe court record and reduce the numberof court cancellations due to the lackof a court reporter. It also recom-mended that the Wisconsin CourtReporters Association (WCRA)increase its recruitment efforts.

Since then, WCRA members havegiven dozens of demonstrations atschools throughout the state. The asso-ciation raises money at its conventionsfor student scholarships and recruit-ment and awards a $500 scholarshipeach year to a student from eachWisconsin court reporting program.They anticipate giving two scholar-ships to each school: one for a judicialreporting student and one for abroadcast captioning student.

Recently, several associationmembers have attended the annualWisconsin School CounselorsConvention in Stevens Point. At theirbooth they demonstrate reportingskills, talk about the opportunitiesavailable as a court reporter, and theexciting future in television captioning.As a result of making contact withcounselors who invite the courtreporters to their schools, this yearalone they had requests from 18schools for more information and/ordemonstrations.

The state and national membershave also been busy writing letters, e-mailing, and calling members ofCongress to secure funding for courtreporting schools to help recruit andtrain reporters. H.R. 2527 and S. 2512,the Training for Closed Captioners Actof 2001, are bills that will authorize thespending of up to $15 million per yearfor the recruitment and training ofcourt reporters and captioners. Thanksto these efforts, Madison AreaTechnical College and LakeshoreTechnical Institute in Cleveland,Wisconsin received $500,000 this yearto update their programs and recruitnew students.

The WCRA is very excited aboutthis growth in students and what itmeans to the reporting profession. Theybelieve a live reporter using real-timeand computer-aided transcription is thebest way to preserve the record, thefastest, most efficient way to producetranscripts, and the best way to keepour court system moving. Courtreporters are the only currently viablevoice-to-print technology out there, andthey intend to stay that way. !

Bitler is an official court reporter inBurnett County. She can be reached atedbert@sirentel.net.

Court reporters tackle shortageby Roberta Bitler, president-electWisconsin Court Reporters Association

The Office of Lawyer Regulation (OLR), which currentlyhas offices in Madison and Milwaukee, will close its

Milwaukee branch, located at 342 North Water St., inJanuary 2004. Consolidating the offices will save money,increase efficiency, and improve the management of investi-gations. The consolidation is part of an ongoing transition toa new lawyer regulation system.

The Supreme Court established the OLR two years agoafter careful review and public hearings. OLR replaced theBoard of Attorneys Professional Responsibility in 2000 andis now fully established and performing well.

One feature of the OLR is central intake, established inJanuary 2001. Through central intake, the public may call atoll-free number – (877) 315-6941 – to file a grievance. Theresult has been a 60 percent increase in the number of griev-ances submitted. The majority of grievances stem fromcriminal and family law cases. All new matters are nowreceived and evaluated at the Capitol Square office indowntown Madison.

“A significant change in the structure of our office makes

sense at this point,” said OLR Director Keith Sellen. “Theoffice in Milwaukee has performed an important role formany years, but the future need for staff in Milwaukee issubstantially outweighed by the advantages of a consoli-dated office.”

Consolidating the staff in Madison will provide twoimportant advantages, Sellen said. Redundant officefunctions and expenses will be saved and a programassistant position can be converted to an investigatorposition. The deputy directors, who currently managemultiple and redundant functions in their respectivelocations, will focus their energies on managing onefunction, either central intake or formal investigations, tofurther improve the quality and timeliness of the process.

“The important goals of ensuring access to, and confi-dence in, the system will be accomplished well by a consoli-dated office,” Sellen said. “Taking advantage of our newsystem’s strengths will further improve the system’s abilityto carry out the Supreme Court’s responsibility to supervisethe profession and protect the public.” !

Office of Lawyer Regulation consolidates in Madison

Four years ago, Mary Patterson was a divorced mother oftwo who worked at a law firm and supplemented her

income by mentoring and tutoring children. Then, a 12-year-old boy named Benny – a runaway from foster care whowas living in a group home – asked a question that wouldchange the direction of Patterson’s life: he wondered if hecould come live with her.

Before giving Benny an answer, Patterson talked withher own two children – Jerrell, who was 13, and Victoria,six. They agreed that they would open their home, and whenthey gave Benny the news, he responded with anotherquestion: would they consider taking his friend, 16-year-oldDarnell, as well? Another yes, and another question: whatabout Darnell’s 12-year-old sister? And so the family grewand Patterson’s life took a new direction. She quit her joband became licensed as a treatment foster parent withChildren’s Service Society. She may have up to fourchildren at a time.

“Right away they started calling me Mom, and I realizedthat these kids needed a home,” Patterson said. Darnell isnow grown and living on his own, managing a Taco Bell,while his sister remains with Patterson and maintains a 4.0average in school. Benny struggles in school, but Pattersonhas seen to it that he receives all the services to which he isentitled. “I fight for my kids,” Patterson said. Benny excelsat work, maintaining a part-time job during the school year.Last summer, his employer honored him with its “Employeeof the Summer” award.

Patterson has two additional foster children, Andre andSiedah. Andre, 14, had been in several foster homes and –like all the others – has various learning disabilities and anattachment disorder. He witnessed violence at a young ageand began his stay withPatterson by “putting methrough a lot of tests,” shesaid. “He’d hit the walls,scream. He was being kickedout of school every day.”Still, she lived up to thepromise she made him andall of her foster children:they are in her home to stayunless they choose to leave.“I will not throw them out. Itell them, ‘when you’re withme, it’s for keeps.’” Andretrusts her now, she said, andhe is improving in school.

Siedah had been in fostercare with an elderly womanwho did not provide structure, so life with Patterson tooksome getting used to. “I’m very structured,” Patterson said.Once Siedah adjusted to having chores, doing herschoolwork, and generally being accountable, her attitudechanged and her grades improved dramatically. She came toPatterson with a .5 grade point average and has raised thatto a 2.5.

Patterson and her foster children (while she considersthem her sons and daughters, she does not intend to adoptthem; she says this would cut off many of the services they

currently receive) – and several other families – are featuredin a new series of public service announcements (PSAs)designed to heighten awareness of the need for foster andadoptive families for children who have been abused and/orneglected. All Milwaukee televisionstations donated airtime for thecampaign, called “A Place in YourHeart/A Place in Your Home,” during10 days in January. Channels 4 and58 and Time Warner Cable made acommitment to continue showingthem through the end of January, andchannel 58 is exploring translatingthem into Spanish.

Judge Christopher R. Foley,presiding judge in the MilwaukeeCounty Children’s Division, led theeffort to develop the media campaign. He also spearheadeda project to recruit foster and adoptive families through faithcommunities, meeting with religious leaders to encouragethem to share the message and speaking from the pulpit ofhis own church. Foley has seen too many kids slip throughthe cracks in his 18 years on the bench; as a communityleader and a father of seven, he has committed himself tomaking a difference.

“[The media campaign] is a remarkable example of thecommunity responding to the needs of children and familiesand making the needs of the children a moral imperative,”he said. It is no less a tribute to Foley’s ability to bring theright people together for a worthy cause. The PSAs wereproduced by Heather Wall, the wife of MilwaukeeChildren’s Court Judge Joseph Wall, and directed by Bob

Purman, an Emmy-award-winning director. Both Walland Purman donated theirtime and nearly all of theother production work wasalso donated. Liz Finn-Gorski, Milwaukee’sJuvenile Court coordinator,“also brought remarkableenergy and drive to theproject,” Foley said.

While it’s too early togauge the success of thePSA campaign, Foleyreported that just the pre-publicity – generated from akick-off celebration atChildren’s Court that brought

together foster and adoptive parents with dignitariesincluding Justice Ann Walsh Bradley (herself an adoptiveparent), District Attorney E. Michael McCann, CountyExecutive Scott Walker, Milwaukee County Sheriff DavidClarke, Milwaukee Brewers President Ulice Payne, andmany others – led to 50 calls at the foster care licensingagency before the PSAs hit the airwaves. Since the PSAsaired, Foley said, he has heard reports of phones “ringingoff the hook.”

The campaign comes at a time when the fortunes of

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see PSAs on page 11

Milwaukee unveils new PSA campaign to recruit foster families

Mary Patterson, her children, and foster children appear in oneof the public service announcements.

Judge Christopher R.Foley

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When the Milwaukee PublicSchools (MPS) make the

headlines, the news is often bleak: highdropout rates, low test scores, schoolviolence, and a budget shortfall thatmay force cuts in art, music, and fieldtrips.

The kids who are absent fromschool often turn up in the criminaljustice system; the Bureau of JusticeStatistics reports that nearly half ofall state prison inmates are highschool dropouts. Many judges whohave daily contact with these kidshave searched for a way to givethem some direction in life, but thefrustrating truth is that a 10-minutecourtroom lecture cannot rewire alife.

Increasingly, judges arebecoming involved in efforts to keepkids out of the courts. They areworking with schools to set up teentribunals, organizing restorative justiceprograms that force young offenders tomeet with their victims, and workingmore directly with families in crisis.Judges Carl Ashley and Jeffrey A.Wagner count themselves among thejudges searching for ways to keep kidsout of the court system, and they’re notshy about recruiting their MilwaukeeCounty Circuit Court colleagues forthe cause.

Their latest effort is a partnershipbetween MPS and the MilwaukeeCircuit Court that pairs judges withschools to build positive, lastingrelationships. Classes at sevenMilwaukee middle schools have been

matched with 13 judges for meetings atcourt and at school, on-line question-and-answer sessions, andvideoconferences. “It allows a class orclasses to have a direct relationshipwith a judge,” Ashley said, “so thatover a semester, there is at minimumone visit by the judge to the school, a

visit by the kids to the court, avideoconference, a dialogue over theInternet, and the teacher talking to thekids about what's going on in thecourts.”

Ashley and Wagner worked formore than a year to start the program.The idea came out of a visit toAshley’s court by Sue Simkowski, atechnology coordinator for MPS.Simkowski told Ashley that the schoolswere looking for ways to work withthe courts and were especiallyinterested in incorporating technologyinto any new program. Ashley spoke toWagner and the two had breakfast withthen-Superintendent Spence Korte,who encouraged them to meet withteachers and school personnel. Theyorganized a brainstorming session at

one of the schools and followed upwith numerous planning meetings.

The program was rolled out lastmonth with the judges and teachers ateach school meeting to structure asemester’s worth of activities. At BellMiddle School, Ashley has personallymet, and conducted a videoconference

with, the students of teacherAngela McLaughlin. The nextstep is bringing the students tothe courtroom. At John MuirMiddle School, Judges WilliamW. Brash III and Marshall B.Murray set up their initialmeetings with 7th grade socialstudies classes for two days inFebruary. The judges will give

the students an overview of thecourt system, focusing on the

various players and proceedings anddefining some common legal terms toprepare them for a visit to court. Inbetween, the students and judges willhold discussions in the MPS Internetchat room named for Prometheus, themythological hero who stole fire andgave it humankind as a gift.

Monique Bell, director ofcurriculum at John Muir, hopes that theprogram will give the students apositive rapport with judges and a newperspective and better understanding ofthe work of the courts. “The judgesand court staff can give the students anawareness of occupations and what ittakes to work in that environment,” shesaid. “They can be positive role modelsin the children’s lives.” !

LEADERSHIP

Judge Jeffrey A. WagnerJudge Carl Ashley

Milwaukee judges build partnership with inner-city schools

Audubon Technology and Communication Center . . . . . . .Mary M. Kuhnmuench and Jeffrey A. Kremers

Bell Middle School . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Carl Ashley

Hartford Middle School . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Richard J. Sankovitz and Louis B. Butler Jr.

Milwaukee Education Center . . . . . . . . . . . . . . . . . . . . . . . . . . .Maxine A. White and Jeffrey A. Wagner

Muir Middle School . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Marshall B. Murray and William W. Brash III

Steuben Middle School . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .M. Joseph Donald and Kevin E. Martens

Wisconsin Conservatory of Lifelong Learning . . . . . . . . . . .Michael G. Malmstadt and Elsa C. Lamelas

The judge-school pairings

About 190 guardians ad litem fromaround Wisconsin turned out for

the Fourth Annual Through the Eyes ofa Child conference held in theWisconsin Dells in November.Attendance has grown each year, andwas up about 25 percent from theprevious conference.

The conference targets guardian adlitem practiceissues and features expertsin law, medicine,child develop-ment, child welfare, anddomestic violence. Thisyear’s wide-ranging topicsincluded recog-nizing culturaldifferences,understanding personality disorders,and examining the exposure of children to domestic violence.Participants earned continuing legaleducation, judicial education, socialwork, guardian ad litem, and ethicscredits.

Emphasizing a multi-disciplinaryphilosophy on advocating for children,sponsors included the CourtImprovement Program within theDirector of State Courts Office, theState Bar’s Children and the LawSection, the Department of JusticeChildren’s Justice Act Program, theDepartment of Health and FamilyServices Division of Children andFamily Services, the University ofWisconsin Extension Family LivingPrograms, and the WisconsinProfessional Society on the Abuse ofChildren. !

Planning for next year’s conference isalready underway; it will be held Nov.13-14, 2004. For information, contactProgram Director Cheryl Calder at (608)266-1557 orCheryl.calder@courts.state.wi.us.

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see Retirements on page 19

RETIREMENTS Eyes of a Childconference drawsnearly 200

Taking a break atthe Fourth AnnualThrough the Eyesof a Child confer-ence in WisconsinDells are (fromleft to right) KittyKocol, executivedirector of CrimeVictim Services;PatrickBrummond,district courtadministrator; andAnn Rulseh,Children's JusticeAct grant coordi-nator.

Courts lose nearly 150 years of experience withseven retirements

Five longtime circuit court judges will retire from the bench as of July 31,taking with them years of knowledge and experience – but leaving in place a

legacy of service to the public and the legal profession that will continue to paydividends for the people of the state. In addition, two longtime court staffers – ajudicial clerk and a court reporter – are bidding the courts farewell after 29-yearcareers.

Judge Richard J. CallawayDane County Circuit Court

After 13 years in Dane County Circuit Court,Judge Richard J. Callaway is retiring from the bench.Callaway said he felt proud to have been given theopportunity to serve the public. “I have seen manyexcellent lawyers, and I'll miss the camaraderie andbanter with them,” he said. “I will also miss workingwith juries.”

Although Callaway has presided in each division,he said his favorite was civil. “This is probablybecause I was a civil litigator for 30 years,” he said,adding, “One of the cases that I found most inter-esting was a civil trial resulting from a fire in awarehouse used for document storage.” He said he

has been lucky not to have experienced any frightening moments on the bench,but he has seen so many humorous ones that “I could write a book!”

In retirement, Callaway plans to travel, a goal easily accomplished since he isan instrument rated pilot with 4,000 hours in the air. Callaway said he once flewhis wife to Alaska in their Cessna 182, and they spent a month exploring the state.Another favorite destination is a spot north of Thunder Bay, Canada, whereCallaway has owned a cabin since 1961. As the cabin has no electricity ortelephone, “it provides a perfect way to get away from it all,” according toCallaway. He also plans to serve as a reserve judge.

Judicial Clerk Kathy J. FreidEau Claire County Circuit Court

In her 29-year career as criminal judicial clerk inthe Eau Claire Clerk of Circuit Courts Office, KathyJ. Freid grew accustomed to change.

Just a few years into her tenure, the courts werereorganized to eliminate county judges, add theCourt of Appeals, and create a central administrativeoffice. Then, when she became comfortable with thesystem and its procedures, circuit court automationwas introduced. In between, she lived throughmultiple construction projects and welcomed andbade farewell to three clerks of court, ten judges, fivedistrict attorneys, and four sheriffs.

Clerk of Circuit Court Diana Miller said Freid’sdeparture left a hole that cannot easily be filled. Her institutional knowledge andrelationships with the judges and local attorneys made her an incredibly valuableemployee, Miller said, but her personality and friendship is what office staff willmiss most.

Judge Richard J.Callaway

Kathy J. Freid

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NEW FACES

Margaret BradyHuman Resources Officer

Margaret Brady, who workedbriefly for the Director of StateCourts Office two years ago torevise and update the employeemanual, has returned to the courtsystem as human resourcesofficer. Brady began work onJanuary 6, replacing Lee Isaacsonwho returned to his formerposition with the stateDepartment of FinancialInstitutions (see The Third

Branch, fall 2002).Brady said she is enjoying being part of the court system’s

management team. “The public’s high expectations of thecourts’ services combined with the current budget situationwill create many human resources challenges that need to beaddressed,” she said. “I am confident that we will be able torespond effectively to these challenges.”

Brady’s most recent position was human resources directorfor the De Forest Area School District, where she had workedsince 2001. She also served as the equal opportunity officerand diversity coordinator for the state Department of Revenueand as a human resource professional for Aurora Health Care,Inc. for more than 12 years.

She received her bachelor’s degree from the University ofWisconsin-Stevens Point in business administration/economicsand is pursuing an MBA part-time at Edgewood College.

When she is not working, Brady spends her time enjoyingher three sons, ages 16, 12, and eight. “These guys are thebright spot in my life,” she said, “I feel privileged to be able tosupport them in any way I can.”

Scott JohnsonDistrict Court Administrator

Scott Johnson is a familiar face in a new location. EffectiveJanuary 6, he became district court administrator for DistrictNine, headquartered in Wausau. The transfer followed fourmonths of serving both District Nine and District Six (hisoriginal assignment, headquartered in Stevens Point) due to avacancy in Wausau. The vacancy in Stevens Point will beposted soon.

Johnson joined the Wisconsin court system in November1999. Prior to coming to Wisconsin, he worked in courtadministration in Minnesota, North Dakota, and Oregon.

“Although Scott will be missed by those in the SixthDistrict, we are pleased that he is available for this new assign-ment,” said Director of State Courts J. Denis Moran. “Hisexperiences and enthusiasm will continue to be an asset in theWisconsin judicial system.”

At press time, Johnson had just been called to activemilitary duty. Districts six and nine will be covered by some ofthe other eight district court administrators in his absence.

Brian LamprechFiscal Officer

As a certified public accountant, Brian Lamprech hasspent his career crunching numbers for various stategovernment agencies. On January 6, he joined the courtsystem, replacing Pamela J. Radloff who was appointeddeputy director for Management Services (see The ThirdBranch, fall 2002). “I think my biggest challenge rightnow is to learn about the court system so that I can be aneffective fiscal officer,” Lamprech said.

Most recently, Lamprech was chief of theAccounting Systems and Support Section for theDepartment of Natural Resources (DNR) and actingchief of the General Accounting Section. Prior to hisfive-year stint at the DNR, he spent eight and a half years atthe state Controller’s Office. He began his career at theLegislative Audit Bureau.

Lamprech is a native of the La Crosse area, where hisparents, sister, and identical twin brother still reside. Hereceived his bachelor’s degree from the University ofWisconsin - La Crosse.

When he is not at work, Lamprech may be found at homein Sun Prairie with his wife, Terri, and their six-year-old sonand twin three-and-a-half year old daughters. “Right now myhobby is finishing a playroom/craft area in the basement of ourhouse,” he said, “in hopes of regaining our living room.”

Tina NodolfSupreme Court Marshal

As the first woman to serve as the Wisconsin SupremeCourt’s marshal, Tina Nodolf is making history. For her,it’s familiar territory.

When Nodolf was a college student, she became theCity of Platteville’s first female police officer. Her fatherwas chief of the University of Wisconsin-PlattevillePolice Department and her older sister was a DaneCounty deputy sheriff, but Nodolf found after five yearsthat law enforcement was not for her. She accepted aninvestigator position with the Public Defender’s Officeworking out of the Appleton, Green Bay, andManitowoc offices and spent the next two years investi-gating cases in six counties before moving into aposition with Grant County where she created a program tohelp welfare recipients learn vocational skills. When thatposition was eliminated, she became a private investigator.Eventually, another move brought her to Madison and the StateBar of Wisconsin.

Nodolf moved over to the Supreme Court on January 6,replacing James L. Jerney, who retired after 11 years of service(see The Third Branch, fall 2002). As marshal, she is respon-sible for calling the Court into session, timing oral arguments,maintaining security and decorum in the Hearing Room, andmuch more.

In a sense, she has been training for the job for many years.

Margaret Brady Brian Lamprech

Tina Nodolf

see New Faces on page 11

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Wisconsin courts turn to users for directionby Dan Wassink, senior policy analyst

With a nearly $19,000 grant fromthe State Justice Institute (SJI),

the Wisconsin court system is preparingto conduct – in late winter or earlyspring – a customer survey that willupdate the one completed in 1996.Wisconsin is one of 21 states around thenation that are surveying users as partof the new SJI Solutions Project, aneffort to identify and develop solutionsto the most serious problemsconfronting state courts.

It has been nearly seven years sincethe Wisconsin court system solicited theopinions of its users statewide. Thateffort, also funded by SJI, yielded veryuseful information, including the inter-esting finding that people’s perceptionsof the courts do not necessarily dependon the outcome of their cases.

The new survey will be coordinatedthrough the University of WisconsinSurvey Center and conducted by mail inthe following 10 counties: Chippewa,Dane, Eau Claire, Green Lake, Jackson,Milwaukee, Ozaukee, Vilas, Washburnand Waupaca.

Approximately 1,200 individualswho were recently involved in family,civil, traffic, and small claims cases willbe asked to rate the courts’ performanceon such issues as case processing,

courtesy and responsiveness of staff,and court decisions. In addition, thecourts will solicit feedback from indi-viduals who have had no recent courtcontact and a comparison of thefindings from these two groups will beused to assess the degree to which expe-rience in court shapes people’s percep-tions.

The Planning and Policy AdvisoryCommittee’s (PPAC) PlanningSubcommittee will use the results in itsongoing effort to identify and prioritizethe critical issues facing Wisconsincourts. Until now, the subcommittee hassolicited feedback from many internalsources but has lacked the resources togather information from the generalpublic.

Survey results will also be sharedwith court officials in other states. Afteranalyzing the results, SJI will hold anational conference where attendeeswill identify the most promisingsolutions to the critical issues facing thecourts. These solutions will be compiledinto a catalog for replication across thecountry. !

For more information about the SolutionsProject and the 20 other survey projectsaround the nation, visit the SJI Web siteat www.statejustice.org.

Court, he manages the court systembudget and is responsible for a varietyof administrative services for thesystem’s 800 employees statewide.

Moran said he appreciated thechallenge and responsibility of his roleas the chief non-judicial officer of thecourts, and he thanked his staff and “themany judges, past and present, whosededication, skill and tireless effort havemade it so productive and enjoyable.The professional relationships I havedeveloped with colleagues in andconnected with the courts have beentheir own reward and have formed thefoundation of many lifelong friendshipsby which I feel especially blessed.”

In retirement, Moran plans to remainactive in court management on aconsulting basis, and to work on hisgolf game – not necessarily in thatorder. !

Moran continued from front page

Milwaukee’s foster children seem to beimproving. Changes mandated underthe Adoption and Safe Families Actand streamlined procedures that havebeen introduced in the Milwaukeecourts are expediting adoptions inMilwaukee County; in 2002, judges inMilwaukee finalized 504 adoptions, anumber nearly double the 2001 figure.

And in a move that spells moregood news for the nearly 5,000children in court-ordered out-of-homeplacement in Milwaukee County, thecounty and the courts have developeda partnership with the Helen BaderFoundation called “Building FamiliesThrough Adoption.” This will result inthe construction of a new courtroom atthe Milwaukee County Children’sCourt Center that will enable thecourts to process these cases morequickly. !

PSAs continued from page 7

New Facescontinued from page 10

“As a child, I frequently played in theoriginal Supreme Court building nearBelmont with my two sisters and threebrothers,” she said. “Our home wasabout 300 yards from First State CapitolState Park, and the caretaker was myDad’s elderly cousin, who let us playhouse in the buildings.”

BBE welcomes newleadership

The Board of Bar Examiners (BBE),an 11-member body that evaluates theskills, character, and fitness of peopleseeking to practice law in Wisconsinand also writes and grades the barexamination, has a new chair and vicechair.

Judge Eric J. Wahl, a former U.S.attorney and FBI special agent who hasserved on the bench in Eau ClaireCounty for 10 years, has been electedas the board’s chair. Joining Wahl asvice chair is Atty. John O. Olson, apartner in a Lake Geneva law firm.Olson is a litigator and a former districtattorney and family court commissionerfor Taylor County. He also served asU.S. attorney for the Western District ofWisconsin.

New to the BBE is Atty. Mary BethKeppel, an assistant family courtcommissioner in Dane County since1987. Keppel also served as an assistantdistrict attorney for 10 years and hasworked for Legal Aid and as a hearingexaminer for the Department ofIndustry, Labor and Human Relations.

Members of the BBE are appointedby the Supreme Court and may serve amaximum of two, three-year terms.There are five seats for lawyers, threefor judges and law school faculty, andthree for non-lawyer members of thepublic. !

To learn more about applying to serveon the BBE or another Supreme Courtboard or committee, visit the VolunteerCenter on the court system Web site atwww.wicourts.gov.

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VOLUNTEERS IN THE COURTS

Dodge County gets restorative justice grant

Anew restorative justice program in Dodge County hasreceived a $55,000 grant from the Office of Justice

Assistance. “This grant means that we will be able to getthis program off the ground and demonstrate for the peopleof Dodge County that justice can be enhanced by involvingnot only the offender, but also the victim and the communityas well,” said Sandra Kaul, president of Restorative Justicefor Dodge County, Inc.

Dodge County started organizing its restorative justiceprogram in spring 2002 after learning about similarprograms in other counties. Judges Andrew P. Bissonnette,Daniel W. Klossner, and John R. Storck have helped to leadthe effort. “Once I heard about restorative justice and whatimpact it was having in other Wisconsin communities, Iknew that we needed to bring it to Dodge County to benefitour citizens as well,” Bissonnette said. “Restorative justiceprograms leave victims feeling safer and more satisfied,while reducing recidivism for young offenders.”

The program’s first focus will be mediation in casesinvolving first-time, non-violent juvenile offenders. Thesemediations bring together victims and offenders for a face-to-face meeting designed to promote accountability andbring closure. Generally, these mediations lead to a signedagreement stating what the offender will do to make thevictim whole.

After the mediation project is established, the groupplans to expand to victim impact panels, which are designedto give offenders an up-close look at the devastation that can

result from drunk driving. Victims spend about an hourrelating their stories as offenders listen. According to anOutagamie County study, 14.7 percent of offenders whoattended a victim impact panel committed another drunkdriving offense; the recidivism rate among those who didnot attend was 36.4 percent.

Though not yet underway, the restorative justice programhas tremendous support from the community, Kaul said. Theboard includes members from the Dodge County Sheriff'sOffice, the District Attorney's Office, Probation and Parole,the Partnership to Address Violence through Education(PAVE), Dodge County Human Services, the Dodge CountyBoard, and local clergy.

The staff of Barron County Restorative Justice willprovide training for volunteers. That program started in1999, also with funding through the Wisconsin Office ofJustice Assistance. Chief Judge Edward R. Brunner, BarronCounty Circuit Court, initially organized the effort and thenturned over operations to a nine-member volunteer board toencourage community support and ownership. “BarronCounty has been our mentor through this,” said Kaul. “Theyhave been wonderful in guiding us.”

The Dodge County project is currently screening appli-cants for the position of director and hopes to have someoneselected by the end of February. The director's first duty willbe to recruit volunteers. !

For more information contact Kaul at (920) 386-3805.

During the year 2000, according to theWisconsin Pro Se Working Group, about

30 percent of the family court cases, 60 percentof CHIPS cases, and 90 percent of smallclaims cases filed in Waukesha Countyinvolved at least one self-represented litigant.

Judge Michael O. Bohren was brand newon the bench in Waukesha County in 2000, andwas struck by the number of pro se litigants.Less than a year later, having noted that manylitigants wanted representation but did notbelieve they could afford it, he formulated anidea for a database of attorneys willing to either work probono or provide unbundled legal services.

The first step was updating a 15-year-old list of attorneyswilling to take pro bono cases. Bohren contacted theWaukesha County Bar, where he found interest, but nofunds; he turned next to the State Bar of Wisconsin. TheState Bar’s Project Pro Bono devoted a staff person to theeffort and mailed out letters from Bohren on State Barletterhead with return postcards to the approximately 600attorneys in Waukesha County. The letter explained theeffort and the postcard gave the lawyers an opportunity to

volunteer to:

" Represent criminal defendants of modestmeans

" Accept court appointments to representcriminal defendants.

" Accept referrals in family and civilmatters.

" Participate in TEAM PRO BONO projectcases (TEAM PRO BONO takes civil andfamily cases referred by Legal Action ofWisconsin’s Volunteer Lawyer Project).

Only about 50 of those 600 cards came back, but Bohrenis already expanding the group by speaking to new lawyersas he meets them in the courthouse and encouraging them toparticipate. The group has grown to about 60, and he hopesto work with the county bar to boost that number byincluding the postcard in renewal-notice mailings.

The list of lawyers can be accessed and edited by everyjudge and the Clerk of Circuit Courts Office through anIntranet database that Bohren developed in cooperation with

New database helps modest-means people find lawyers

see Database on page 16

Judge Michael O. Bohren

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Abrahamson, Nelson team up inPuerto Rico

Chief Justice Shirley S.Abrahamson and her administra-tive assistant, Atty. IngridNelson, traveled to San Juan,Puerto Rico in January to teach afour-day class at the Universityof Puerto Rico Law School. Theclass, “Judicial Decision Makingand Appellate Procedure,” waspresented to 25 second- andthird-year law students.

Abrahamson and Nelson welcomed Chief Justice JoséAndréu-García of the Puerto Rico Supreme Court and JudgeHiram Sánchez Martínez of the Court of Appeals as guestspeakers in the class.

In their free time, the pair met with Chief Justice DanaFabe of Alaska, who happened to be in town on a familyvacation. They also visited a nearby rainforest.

Flanagan, White named to leader-ship posts with NAWJ

The National Association of Women Judges (NAWJ)

elected two Wisconsin judges to leadership positions duringits convention in Minneapolis.

Milwaukee County Circuit Court Judges Mel Flanaganand Maxine A. White both won seats on the organization’snational board. In addition, Flanagan was elected vicepresident for publications, which will require her to producethe NAWJ newsletter three times per year. She also will siton the Executive Committee.

In addition to the national board slot, White wasappointed district director for District Nine of the NAWJ,which is comprised of Iowa, Missouri, and Wisconsin. Inthis capacity, White will help the group to meets its goals ofproviding education and interaction, promoting equal justicefor all, and working to ensure that support is available toenable judges to achieve their full potential on the bench. !

THE NATION CONNECTS TO WISCONSIN

Judge Mel Flanagan Judge Maxine A. White

THE WORLD CONNECTS TO WISCONSIN

How I spent my (autumn) vacationby Kerry M. Connelly, district court administrator

A couple of years ago at the Judicial Conference, Iattended a breakfast meeting of judges and staff who hadparticipated in court projects overseas at no cost to theWisconsin court system. Inspired by the discussion, Icontacted a consulting firm that specializes in court projectsin developing countries.

To my surprise, a firm contacted me to ask if I wouldaccept a short-term assignment in Israel working with thePalestinians in the West Bank and Gaza. My piece of theproject would consist of working with court personnel inGaza City and Ramallah on a records management system.This is part of a larger rule-of-law project that consists ofsetting up model courts and court automation systems andassisting in personnel training and education. After discus-sions with my wife and District Two Chief Judge Gerald P.Ptacek, and a check of my atlas to locate Israel and the WestBank, I accepted the offer.

My perfunctory interest in Middle East politics wasquickly turned into a keen awareness of the activities in theregion. Prime Minister Sharon and Chairman Arafat quicklyreplaced Sherman and Farve in the newspapers for me.

I flew to Tel Aviv, Israel and stayed in Jerusalem at theAmerican Colony Hotel. The hotel is within walkingdistance from the Old City of Jerusalem. My office was inRamallah, a short distance from Jerusalem. My workweek

was Monday through Thursday, off on Friday, work onSaturday, and off on Sunday. (The Muslim Sabbath is onFriday; the Jewish Sabbath on Saturday; and the Christiansmark the Sabbath onSunday).

Every morning Iwould leave forwork at 7. Anotheremployee wouldpick me up and wewould drive toRamallah, which isabout 15-20 minutesfrom Jerusalem.However, we took aroute that stretchedthe commute toabout an hourbecause the mostdirect route isthrough an area that is always congested and can bedangerous. We drove to an entrance at Bet El. Bet El isfurther away, but reserved for United Nations workers,diplomats, and foreign service employees. It is rarely busyand less dangerous. We worked until 4 p.m. and wentstraight back to Jerusalem. There’s a curfew in the WestBank so it’s important to be out of Ramallah by dark.

Chief JusticeShirley S.Abrahamson andher administrativeassistant, Atty.Ingrid Nelson,pause during aclass break toenjoy PuertoRico's 85-degreeweather.

District Court Administrator KerryConnelly, based in Racine, traveled toIsrael to assist with a Palestinian courtmodernization project. Here, he posesby the "safe passage" sign.

see World on page 14

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Gaza City is farther from Jerusalem – about a one-and-a-half-hour drive – and I worked there for three days. Theoffice in Gaza City is located several blocks from the court-house. On my first day in Gaza, one of the employees did apresentation to the some members of the PalestinianSupreme Judicial Council on the benefits of the newautomated case management system. The presentation wentvery well. The second time I was there, we conducted ameeting using teleconferencing. I was doing a presentationon file management and my interpreter and other staff wereback in Ramallah.

The roads in Gaza City are very well maintained and thelandscape in this region of Israel is much like southeastWisconsin except for the olive groves and fields of otherfarm produce. The Gaza Strip runs along the Mediterraneanand borders Egypt. It is approximately 25 miles long andfive miles wide.

Getting into Gaza is more difficult and time consumingthan getting into Ramallah.In Ramallah there is only onecheckpoint with a small group of soldiers. In Gaza there arethree checkpoints, including one that requires the Israelis tomore carefully check our passports and other identification.We were also required to walk about 150 yards with soldierson each side of the road carefully watching us. Needless tosay, we walked straight and steady with no quickmovements.

The Palestinians treated me very well during my time inthe West Bank and Gaza. There were no outward signs ofhostility toward me even though they knew I was anAmerican. I was able to walk in downtown Ramallah andGaza without fear. Some people came up to me andwelcomed me to their city. The staff with whom I workedincluded several Americans – one of them Jewish – andapproximately 12 Palestinians (one was educated in theAmerica and had a law degree). They were dedicated andhard working. They made me feel welcome and appreciatedmy willingness to visit their country.

During my limited free time, I visited Old Jerusalem,Bethlehem (Church of the Nativity), and the Israel Museum(Dead Sea Scrolls). I also took a bus tour that included a tripto Haifa, Cesearea, Akko, and the Grottos at Rosh Hanikraon the border between Israel and Lebanon.

All in all it was a very successful trip. I completed myassignment, met some wonderful people, and learned aboutlife in the Jerusalem, the West Bank, and Gaza. My newknowledge of the area and its people continues to compelme to follow the news from the Mideast – although somedays the sports page still has to come first. !

Editor's note: Connelly used vacation time for this trip.

financial obligations and risk/need. The plan will articulatethe expectations for the next six months, including treatmentparticipation, a reasonable schedule of payments forrestitution, other court obligations and supervision fees, anda reporting plan.

In the monthly contacts with the agent, the offender mustreport residence and employment status, earnings, anypolice contacts, vehicle changes, school attendance and anyrequired treatment attendance. The agent reviews andevaluates progress toward the objectives specified in thecase plan. At any point, the case plan may be modified toreflect changed circumstances.

If the agent’s review of the offense and the prior criminalhistory reveals no assaultive, dangerous, violent orthreatening behavior, the offender’s classification will be setat medium, minimum, or administrative supervision. Atmost, the offender will be required to meet with his or heragent one time per month, with a home visit required every60 days.

If the non-assaultive misdemeanant, with no violent prioroffenses, has a probation term of one year or less, thesupervision level will be set at minimum, requiring mailed-in reports each month and a face-to-face meeting with theagent every third month. !

Raemisch, a former Dane County sheriff, is the newlyappointed administrator of the Division of CommunityCorrections. He can be reached at (608) 240-5304.

DOC continued from page 2

In 1996, the Wisconsin Legislature first enactedlegislation creating supervision fees paid byoffenders on state community-based supervision tooffset the cost of corrections to the taxpayers. Thestatutes [Wis. Stats. § 304.074 (5)] also require theDepartment of Corrections to promulgate rules thatset rates and establish procedures for collection.

Then, in the 2001 budget adjustment bill, theLegislature raised the amount offenders are to payfor supervision fees to nearly $12 million each fiscalyear and, at the same time, cut this amount from theDivision of Community Corrections (DCC) budget.This sum is equal to 85 percent of the DCC’s non-salary operating budget, which covers costsassociated with doing home visits, as well ascomputers, telephones, and the extradition ofabsconders who are captured out-of-state.

In order to collect the nearly $12 millionremoved from DCC’s non-salary budget, theLegislature raised the daily supervision fee paymentto “…at least $2.00 per day.”

In the fiscal year ending June 30, 2002,offenders were expected to pay in a total of about$5.4 million, and this amount of money wasremoved from the DCC’s operating budget.

Supervision fees continue to rise

World continued from page 13

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Justice Diane S. Sykes was in Oshkosh in January toswear in the new Winnebago County district attorney,William Lennon. The Oshkosh Northwestern captured the

moment under the headline, “New era for districtattorney’s office.” Lennon defeated incumbent JosephPaulus in the Republican primary and Democratic chal-lenger Brad Priebe in the November general election. Therace became national news after an assistant districtattorney secretly recorded Paulus detailing a sexual exploitin his office.

Beloit and Janesville have joined together to shareinformation on juveniles who may pose a danger. GaryRau, safety coordinator for the Janesville School District,told The Janesville Gazette that by sharing information

among all agencies in a timely manner, officials hope to helpkids who have the potential to become violent. The policedepartments in Beloit and Janesville, along with RockCounty Human Services, District Attorney David O'Leary,and Judge Richard T. Werner of the Rock County CircuitCourt’s Juvenile Division, signed an agreement to formalizetheir commitment to share information about potentiallydangerous juveniles. In the future, all Rock County schooldistricts and law enforcement agencies will be asked to join.

A longtime collector of Native American artifacts, JudgeJames R. Beer, Green County Circuit Court, was recentlyfeatured in the Monroe Times showing off his impressivecollection. Beer began collecting in junior high school andhas exhibited his collection at artifacts shows. His mostimportant find was a copper spear point with a sharp toolinside. He uncovered the item in Oneida County in 1987 andsaid Prehistoric American Magazine called it “the finestcopper cache ever found.”

More Wisconsin judges are holding people who skip juryduty accountable for shirking their obligation. Last spring,

after noting that the number of jury duty no-shows was onthe rise, Judge James P. Daley made headlines around thestate by summoning the recalcitrant citizens to court andlecturing them on civic duty. After Daley pointed out thatthey faced contempt of court citations and hefty fines, thejurors made themselves available the following week.

More recently, judges in Dane and Dunn counties havefollowed suit. Judge Steven D. Ebert, Dane CountyCircuit Court, was selected by his fellow judges to takeno-show jurors to task. In January, he summoned ninejurors to his courtroom, seated them in the jury box, and

questioned each about the reason for the lack of response.After hearing about a variety of conflicts, Ebert found thenine in contempt of court but withheld fines for those whowished to sign up for the next jury call; all nine took theoffer. The media were present for this hearing and wroteextensively on this new effort, including Ebert’s warningthat the next batch of reluctant jurors would be brought insoon.

In Dunn County, Judges William C. Stewart Jr. andRod W. Smeltzer are also summoning those who fail to

appear. “We want the people of Dunn County not to look atit as a negative imposition, but as a responsibility citizensneed to take seriously,” Smeltzer said. The Leader-Telegram(Eau Claire) reported that Reserve Judge Thomas H.Barland, Eau Claire County Circuit Court, initiated asimilar effort summoning non-responders to court. Theresponse rate improved from 89 percent to 99.4 percent.

The Reporter (Fond du Lac)was there when Judge Robert J.Wirtz, Fond du Lac County CircuitCourt, was a guest speaker at aMothers Against Drunk Drivingmeeting recently. Wirtz presentedrecent statistics and other informa-tion on drinking and driving.

The fate of the Dane CountyLaw Library was the topic ofnumerous news stories in late 2002 and early 2003. Thanksto nearly $30,000 in donations from lawyers and judges, thelibrary was able to reopen its doors on January 13 – albeitwith less staff and a reduced collec-tion – after shutting down for twoweeks following a massive budgetcut. Chief Judge Michael N.Nowakowski, Dane County CircuitCourt, led the fight to keep thelibrary’s doors open after DaneCounty Executive Kathleen Falkcut $65,000 from the budget –leaving the library to operate on abudget of $52,000. Nowakowskiasked his fellow judges and the county’s lawyers to stepforward and help with fundraising to keep the library afloatuntil next year. The library is a key resource for pro selitigants in Dane County, serving 300-400 people per week.Its resources and services are very different than what isavailable at the nearby Wisconsin State Law Library.Nowakowski made it clear in remarks to both local newspa-pers that the county law library is a government responsi-bility and cannot continue to be funded through donations.

An alumna of Alverno College,Judge Barbara A. Kluka, KenoshaCounty Circuit Court, was thekeynote speaker at the school’s126th commencement in December.The title of her speech was “TheLiving Space of Freedom.”

Reserve Judge Thomas H.Barland was a keynote speaker atthe Wisconsin Academy of TrialLawyers convention held inMilwaukee in December in connec-tion with the Supreme Court’s 150th anniversary.

To gear up for the Supreme Court’s 150th anniversary,Justice Ann Walsh Bradley spoke at the Sheboygan Rotary

PEOPLE

Justice Diane S. Sykes

Judge Steven D. Ebert

Judge Robert J. Wirtz

Chief Judge Michael N.Nowakowski

see People on page 17

Judge Barbara A.Kluka

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CELEBRATIONS

For the many judges, court commissioners, clerks, andcourt staff whose talents might have led them to

Carnegie Hall but for that fateful decision to stay inschool, the holidays present an irresistible opportunity toperform.

One of the most popular holiday programs is the NoStrings Attached concert in the Milwaukee CountyCourthouse Rotunda. This was the 26th year for theperformance, and an audience of 125 turned out for theevent. The group includes judges, clerks, court reporters,and attorneys; jury managers from the Clerk of CircuitCourts Office provide punch, coffee, and cookies.

Judge Victor Manian, Milwaukee County CircuitCourt, helps to organize the concert and plays violin withthe group. He reported that the caroling could be heard

throughout the courthouse.The sing-along is held overthe noon hour so thatemployees and visitors alikemay participate, and the groupprovides lyric sheets to theaudience.

In Dodge County, the barassociation welcomed a trio ofcostumed carolers: JudgesCharles P. Dykman, Court ofAppeals; and Andrew P.Bissonnette and John R. Storck,

Dodge County Circuit Court. In Dane County, the Court of Appeals for the fifth year

adopted needy families in lieu of exchanging gifts amongthe judges and staff. Court of Appeals Staff Atty. DeborahMoritz organized the program and several staff attorneys,clerks, secretaries, and judges in Madison and Milwaukeeparticipated by purchasing clothing, household items, toys,and food for 10 Dane County families. The families providewish lists to a social worker who also delivers the gifts. !

Judges, court staff celebrate season in many ways

A very special rendition of Santa Claus is Coming to Town entertainedmembers of the Dodge County Bar Association at the Decembermeeting. The performers included (from left to right) Judges Andrew P.Bissonnette, Charles P. Dykman, and John R. Storck.

Posing with their gifts for 10 needy families are (from left): Rose Vine, secretary toJudge Charles P. Dykman; Carol Brehm, secretary to Judge Margaret J. Vergeront;Staff Atty. Deborah C. Moritz; Atty. Christy L. Curtis, law clerk to Judge Patience D.Roggensack; Staff Atty. Lisa F. Kane; and Jane L. Dixon, secretary to the staffattorneys. Seated, from left, are Connie C. Faust, secretary to the Court of Appealsstaff attorneys, and Patti Gotrik, secretary to Roggensack. Gotrik made and filledChristmas stockings for each member of three needy families. Behind the camerais another participant: Chief Staff Atty. Peg A. Carlson.

Judge Victor Manian

Clerk Carolyn Evenson. Bohren said he and his fellowjudges use the database every day on the bench, enteringgeographic queries to find lawyers close to the person inneed. Depending upon the situation, the judge then appointsthe lawyer or prints the list for the litigant to make directcontact.

The database also provides information about thelawyers’ language proficiencies; there are now lawyers onthe list who are fluent in both Spanish and Hmong.

This effort is part of a broader commitment in WaukeshaCounty to helping people who are representing themselves.In February 2002, a partnership of county court andadministrative leaders, area judges, lawyers, and community

organizations launched the Waukesha Court Self-HelpCenter, a multifaceted program designed to steer individualswithout legal counsel through the court process (see TheThird Branch, spring 2002). The center, located in thecourthouse and open 8:15 a.m.-4:15 p.m. weekdays, guidesWaukesha County residents who have already decided torepresent themselves as well as those who remain undecidedabout whether to hire a lawyer. The center provides legalforms and instructions, information about the process, andaccess to computers and printers. !

Database continued from page 12

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budget-related pain. The governor’sbudget transfers the commission fromthe Department of Administration to theDepartment of Corrections (DOC). Thecommission was supposed to be admin-istered by a six-person staff, but justtwo of those positions are transferred tothe DOC. It is not clear how thecommission will fulfill its statutory obli-gations with a two-person staff.

The commission has the authority toappoint the executive director, but hasnot yet met to consider this. Here is thestatus of the commission:

The Supreme Court made itsappointments – Judges Patrick J. Fiedlerand Elsa C. Lamelas – in September2002. Former Gov. Scott McCallumappointed seven members; among themare Judges Dennis J. Barry, RacineCounty; Michael B. Brennan,Milwaukee County; and Michael J.Gableman, Burnett County. McCallumalso appointed John Ross, a Madisonman, to a slot designated for a non-government person and named Ross aschair of the commission. It remainsunknown whether Gov. Jim Doyle willreplace the McCallum appointees.

Senate Majority Leader Mary Panzerappointed Sen. Dave Zien, R-EauClaire; and Senate Minority Leader JonErpenbach appointed Sen.Gwendolynne S. Moore, D-Milwaukee.

Assembly Speaker John Gard has notyet announced his appointee; andMinority Leader James E. Kreuser, D-Kenosha, appointed Rep. David M.Travis, D-Waunakee.

State Public Defender NicholasChiarkas appointed Atty. Michael Tobin,director of the SPD Trial Division, andAttorney General Peg Lautenschlagerselected Deputy Attorney GeneralDaniel P. Bach to serve. Lautenschlagerstill needs to make two additionalappointments and the State Bar ofWisconsin needs to make one appoint-ment.

The director of state courts, thesecretary of the Department ofCorrections (DOC), and the head of theParole Commission all are entitled todesignate a non-voting member. Atpress time, only the DOC had made itsappointment, selecting Steven B.Casperson, administrator of theDivision of Adult Institutions.

The sentence adjustment compromise

Around the state, judges are bracingfor a deluge of requests from inmateslooking to have their sentences adjusted.Judge Thomas H. Barland told theLeader-Telegram (Eau Claire) that heexpects every eligible Wisconsin prisoninmate to petition for early release.

“You’d be a fool not to,” he said,adding that some judges are alreadyreceiving sentence adjustment requests.

The Legislature inserted this modifi-cation mechanism as part of thecompromise that cleared the way forpassage of the legislation to implementTruth-in-Sentencing. It allows inmatesto petition the sentencing court to adjusta sentence.

Under the provision, inmatessentenced for Class A and B felonies arenot allowed to petition for early release.

Inmates in prison for Class C, D,and E felonies can petition for releaseafter serving 85 percent of the confine-ment portion of their sentences.

Inmates in prison for Class Fthrough I felonies can petition forrelease after they’ve served 75 percentof the confinement portion of theirsentences. These crimes includeburglary, third-degree sexual assault,forgery, and failure to pay child support.

This mechanism has limits. Onlyone petition may be filed per sentence,and the sentencing judge or prosecutingattorney in each case can veto thepetitions without explanation – althoughjudges differ on whether they need tohold a hearing. If the petitions survivethe judge and prosecutor, the victims insome sex crimes can issue vetoes. !

TIS continued from front page

Club in November. Bradley spoke of similarities betweenissues from the 1800s and current concerns, reported theSheboygan Press. To help the Supreme Court get the wordout about its 150th anniversary, Bradley also spoke at the

Wisconsin Education Association Council convention andthe Association of Wisconsin School Administrators.Bradley and Chief Justice Shirley S. Abrahamsonshared the podium for a presentation to the WisconsinBroadcasters Association at Monona Terrace.

The Daily Press (Ashland) reported the appointmentof Judge John H. Priebe, Bayfield County Circuit Court,to the Wisconsin State/Tribal/Federal Court Forum.Under the leadership of Justice N. Patrick Crooks, theforum addresses civil jurisdictional and other issuespertaining to the relationship among federal, state, andtribal courts.Chief Judge Kathryn W. Foster, Waukesha County

Circuit Court, will chair the new Criminal JusticeCollaborating Council. The Milwaukee Journal Sentinelreported that the council grew out of the Criminal JusticeTask Force, whose goal was to find ways to reduce the jail

population. With this task force finishing its work, the torchwill be passed to the new task force with hopes of contin-uing to look at alternatives to jail time.

The judges in Marathon County Circuit Court haveappointed Atty. Sandra Hoenisch as a new, full-timejudicial court commissioner. Hoenisch filled in for theoutgoing commissoner in December and officially startedon January 1.

Judge James P. Daley, Rock County Circuit Court, gavethanks to veterans of the Battle ofthe Bulge at the Janesville ElksClub on the 58th anniversary of theinfamous battle. Daley is adecorated veteran of the VietnamWar and a brigadier general in theWisconsin Army National Guard.The Janesville Gazette reported thatmore than 70 veterans, spouses,widows, other surviving relatives,and guests were present.

“Municipal Court adds night sessions” was the headline

PEOPLE continued from page 15

see People on page 25

Justice Ann WalshBradley

Judge James P. Daley

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Supreme Court Hearing Room is siteof State Bar reenactment

The State Bar of Wisconsin celebrated its 125th anniver-sary on January 9 with a reenactment of its first meeting inthe Supreme Court HearingRoom.

At noon on Jan. 9, 1878,265 lawyers from acrossthe state assembled inMadison to found the StateBar of Wisconsin. Then-Chief Justice Edward G.Ryan called the meeting toorder, spoke of the need foran organized bar, andpresided as the leadershipcommittee elected Atty.Moses Strong as the firstpresident of the State Barof Wisconsin.

Ryan and Strong werecolorful characters. Ryan was known as a brilliant jurist butis perhaps best remembered for writing the opinion thatbarred women lawyers from practicing in the SupremeCourt. He wrote the following in response to a petition fromJanesville Atty. Lavinia Goodell in 1875:

It would be revolting to all female sense of theinnocence and sanctity of their sex, that woman shouldbe permitted to mix professionally in all the nastiness ofthe world which finds its way into courts of justice . . . .Discussions are habitually necessary in courts of justice,which are unfit for female ears. The habitual presence ofwomen at these would tend to relax the public sense ofdecency and propriety. If, as counsel threatened, thesethings are to come, we will take no voluntary part inbringing them about.

Strong, too, loomed large in Wisconsin’s early legalcommunity, serving in the territorial Legislature and as adelegate to the first constitutional convention. He was thefirst attorney to sign the Roll of Attorneys of the SupremeCourt in 1849. Since then, every attorney practicing inWisconsin has signed the Roll. After statehood, Strongbecame a prominent Democratic leader in the stateAssembly, serving as speaker in 1850.

Strong was known for having trouble working withothers and a propensity for risky speculation in business andpolitics. In the late 1850s, as a member of the Assembly, hewas a target of a bribery investigation involving publicofficials and railroad developers. After refusing to testifybefore a committee investigating the corruption, he wasjailed. This scandal, along with his vocal opposition ofPresident Abraham Lincoln’s Republican administrationduring the Civil War, spelled the end of his career inpolitics.

Video in the worksA grant from the Wisconsin Law Foundation will fund an

eight-minute video providing information on Supreme Courtprocedures and history for the more than 200,000 people

who visit the Capitol each year.The video is scheduled for comple-tion by May and will play continu-ally in the Supreme Court HearingRoom for people touring theCapitol this year and in years tocome.

Supreme Courthistory hits the road

In celebration of the SupremeCourt’s 150th anniversary, atraveling exhibit of Supreme Courthistory, organized with the assis-tance of a professional museumdesigner, was installed in theCapitol in early January and moved

to the Rock County Courthouse in Janesville on February10.

Through photographs and graphics, the exhibit explainsthe function and history of the Supreme Court and toucheson the Court’s future. It highlights several famous cases thatinvolved issues such as women’s suffrage, the rights offugitive slaves, the legality of margarine, and the fight tokeep the Braves in Milwaukee.

The exhibit moves to Racine in March and Waukesha inApril. Volunteering his time and truck to move the exhibit isSteve Sasso, a retired University of Wisconsin police officerwho is married to Sherie Sasso, administrative assistant toJustice Ann Walsh Bradley.

CELEBRATING THE SESQUICENTENNIAL

see Sesquicentennial on page 26

Chief Justice Edward G. Ryan (Atty. Donald L. Heaney,Madison) addresses bar leaders, extolling the virtues of aformal bar association. A traveling exhibit

on SupremeCourt history,developed withgrants from theMilwaukee BarFoundation andthe WisconsinHumanitiesCouncil, presentsinformation onfamous cases.The exhibit, whichstands seven feethigh and 14 feetwide, will visitcourthousesaround the stateduring 2003.

Photo credit: Deb Henegan, State Bar of Wisconsin

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Judge John B. MurphySheboygan County Circuit Court

Judge John B. Murphy, on the bench inSheboygan County since 1990, will retire at the endof his term on July 31.

Murphy is a longtime member of the RecordsManagement Committee, which recommends guide-lines for the retention of court records and necessarychanges to rules or statutes relating to recordsmanagement. As chair of the Forms Subcommittee,Murphy oversaw the development of new forms,reviewed new and existing forms for their legal suffi-ciency, and helped to establish standards and guide-lines for effective management of court records.

Murphy took the bench in 1990 as an appointee of then-Governor Tommy Thompson. A complete story on his retire-ment appeared in The Third Branch, fall 2002 edition.

Court Reporter Barbara NestingenTrempealeau County Circuit Court

Court Reporter Barbara J. Nestingen, who has served inTrempealeau County Circuit Court for 29 years, will retireon April 15.

Nestingen has participated in a variety of initiatives inher years with the courts. She began as an appointee of then-Judge Albert Twesme in January 1974. From 1983-94, sheworked with Judge Richard D. Galstad, and, upon Galstad'sretirement, joined the staff of Judge Alan Robertson, whowas appointed in 1994 but served for just one year. Since1995, Nestingen has worked for Judge John A. Damon. Nestingen also was a court commissioner from February1974 until March 1983.

She believes the Wisconsin Judicial College shouldinclude sessions on working as part of a team, and haswritten a manual, Judge's Primer, which outlines basicprocedures for standard hearings in courts of general juris-diction.

In retirement, Nestingen intends to travel in Europe,garden, and generally enjoy the tranquility of the country-side with her husband, Keith.

Judge Duane H. PolivkaAdams County Circuit Court

Judge Duane H. Polivka, who has presided inAdams County since 1991, is stepping down fromthe bench. Polivka said, “I feel very humbled andhonored to have been chosen to serve the countywhere I was born.” According to Polivka, havingbeen born in Adams County was more of abenefit than a hindrance. “I think that people knewthat I tried to do my best whether I had been theirpaperboy or their attorney.”

The most challenging aspect of being a judge ismaintaining a sense of fairness and consistency,

according to Polivka. He said he believes that a judgeshould have a degree of consistency that people can relyupon. Although he has presided over all types of cases,Polivka said, “I love adoptions because they are such apositive experience.” The least satisfying cases for Polivkawere those involving relatives. He noted, “The worst partabout being a judge is making decisions in ‘lose-lose’ situa-tions. Tragedies, in the end, are still tragedies.”

One aspect of being on the bench that Polivka, agraduate of the UW Law School, said he would miss is theinteraction with the other judges. “I didn’t anticipate thecamaraderie and was overwhelmed with the congenialityamong the judges. I am proud to have been a member of thatgroup.”

Polivka plans to dance through retirement – literally.Every weekend, he and his wife try to go dancing, prefer-ably the waltz. Polivka said he and his wife also hope tosend much of their free time traveling. He commented thatalthough Mexico is a favorite destination, he could thinkof few places not on his list to visit.

Chief Judge Michael J. SkwierawskiMilwaukee County Circuit Court

It has been said that the bestway to have a good idea is tohave lots of ideas. Chief JudgeMichael J. Skwierawski’s lead-ership in Milwaukee CountyCircuit Court has been emblem-atic of that notion, characterizedby bold thinking, cooperativeprojects, and a determination totake on tough challenges.

As chief judge, Skwierawskioversees 47 judges, 26 courtcommissioners, more than 400 employees, and a $42 millionannual budget. “Nobody thinks of the local judicial systemas a major kind of corporate entity, but that’s what it is,”Skwierawski told the Milwaukee Journal Sentinel. “It’s ahighly complex operation,” he said, adding: “The toughestpart of this job is the political aspect of it. The budget issuesare now so difficult. That’s a struggle, a major struggle.”

But with the struggles have come successes. Revampingthe civil court process, creating numerous specialty courts,and fundamentally changing how the system responds todomestic violence are the major initiatives that Skwierawskihas helped to usher in during his 25 years on the bench inMilwaukee County. All of these efforts stem from a commit-ment to improving the functioning and efficiency of thecourts, “which translates back to access to justice,”Skwierawski noted.

In civil court, improved automation, better case manage-ment, and a reallocation of resources have drasticallyshortened the amount of time it takes a large claims case towork its way through the system. Resolving businessdisputes in a timely fashion saves time and money for the

Retirements continued from page 9

Judge Duane H. Polivka

Judge Michael J.Skwierawski

see Retirements on page 20

Judge John B. Murphy

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organizations and, ultimately, for their customers. Speedy resolution of criminal cases is also critical, and

Milwaukee County has developed specialty courts to handledrug offenses, homicides, and sexual assaults in the mostefficient way possible. “These courts are not fast just for thesake of speed,” Skwierawski said. Processing cases effi-ciently removes stress and trauma from the lives of victimsbecause every time a case is adjourned, the victim (or thevictim’s survivors) relive the trauma. “They have to sitdown with the lawyers again and wake up at night worryingabout it,” Skwierawski said. “This is an attempt to stop theinstitutional trauma that can be inflicted.”

The efficiency of these courts has made them a nationalmodel. The drug courts process cases in about 68 days (fromfiling to disposition), while the homicide/sexual assaultcourts dispose of homicide cases in an average of 110 daysand sexual assault cases in about 87 days.

One of Skwierawski’s major initiatives as chief judgehas been the Judicial Oversight Initiative (JOI), an effort ledby the courts to improve services for victims and treatmentfor offenders in domestic violence cases. The program hasbrought about $7 million in grant money to MilwaukeeCounty, enabling the county to devote four new prosecutorsand one court commissioner to domestic violence cases andto assist community organizations in bolstering theirservices to victims and offenders. Three specialty courts inthe Misdemeanor Division are now devoted to handlingdomestic violence cases.

Improving the system through innovations in administra-tion is something Skwierawski will miss. “That’s a reallycritical role,” he said. “If we don't administer the courtsproperly, judges cannot do their best work.” Skwierawskiadded that the most fulfilling part of being a judge is “tryingto see to it that people have access to justice, whatever thatmay be in the particular case.”

In retirement, Skwierawski plans to mediate andarbitrate, spend more time with his wife, adult children, andfour grandchildren, ages two, one, six months, and on-the-way, and work on his golf game. His daughter, an assistantdistrict attorney in Milwaukee County, is running for hisseat.

Judge Patrick L. SnyderWaukesha County Circuit Court

Waukesha County Circuit Judge Patrick L. Snyder’sdecision to step down from the bench after more than 25years was one he called difficult and agonizing. “It is noteasy,” Snyder wrote to Chief Judge Kathryn W. Foster, “toleave a position that one has loved so much.”

Ironically, it’s a position Snyder initially did not want.When Acting Gov. Martin Schreiber approached him aboutan appointment in 1977, Snyder – a former postman, clothessalesman, and bartender – turned him down not once, butfour times. Then, Assembly Speaker Ed Jackamonis andothers entered the fray. “They built my head up so big, I hadto take it,” Snyder recalled. Characteristically, he down-

Retirements continued from page 19

Sullivan to become chief judge

The Supreme Court has appointed Judge MichaelP. Sullivan as chief judge for District One, effectiveAugust 1. He replaces retiring Chief Judge MichaelJ. Skwierawski.

Sullivan has been Milwaukee County’s deputychief judge for five years. He has been a MilwaukeeCounty Circuit Court judge since 1978 and, prior tothat, spent five years as a court commissioner.

He will be eligible to serve as chief judge until2009, and has selected two deputy chief judges, KittyK. Brennan and David A. Hansher.

played the honor: “There weren’t too many beauties in thatcontest.”

Court of Appeals Judge Neal P. Nettesheim, a longtimefriend, told the Milwaukee Journal Sentinel that Snyder’srespect for litigants, jurors, and attorneys - and his ability toaddress people in an understandable way - have made himan outstanding jurist. “I really think that he is among thebest judges that the county has ever known,” Nettesheimsaid. “He always managed to bring the proceedings to thelevel of the litigants where the average person could under-stand.”

Snyder said he has always had great respect for thejudge's awesome power and responsibility and tries to makea difference in the lives of the litigants who appear beforehim. The most challenging part of the job, he said, ishandling battles over child custody. “It’s the only time Iwake up in the night with my heart pounding,” he said.“There is just so much at stake. Sentencing criminaloffenders doesn't even come close.”

In his years on the bench, Snyder has notedprofound improvements in family law and, morerecently, improved courtroom decorum. “A lot of thehonor has been taken out of the words ‘your honor,’”he said, “but the law schools are doing a good joband I think the pendulum has started to swing back.”

Snyder has devoted a lot of his time to judicialeducation and administration. He served as chiefjudge of the Third Judicial District from 1984-90 andwas an associate dean of the Wisconsin JudicialCollege. He said the college and other continuing judicialeducation seminars gave him the tools to be a good judge. “Icommend the Office of Judicial Education,” he said. “I thinkthey are fantastic.”

Snyder’s interest in judicial education and his status as arecovering alcoholic led him to help develop a program forjudges on addressing alcohol and other drug abuse. In retire-ment, he plans to work with the Director of State CourtsOffice to expand and refine that program. He also willmediate and serve as a reserve judge, in addition to spendingmore time with his children and grandchildren who live inseveral midwestern states. In his immediate future are acruise with his grown children, a visit to Florida, and a long-awaited trip to his ancestral homeland, Ireland. !

Judge Patrick L. Snyder

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administration. She served on the Public Trust andConfidence Committee, which examined how to build thepublic’s faith in the courts, and is chair of the StateCourt/Tribal Court Planning Committee. Like Brunner, she isactive on a variety of boards and committees in hercommunity.

Dane County Circuit Court Judge Paul B. Higginbothamwas a late entry in the race and was eliminated in theprimary. Higginbotham called his effort a “campaign forequal justice,” promising to “bring balance to Wisconsin’sSupreme Court.”

Adams County Circuit CourtPollex v. Thibodeau

The race for the judgeship in Adams County, a positionthat retiring Judge Duane H. Polivka has held for 12 years

(see separate story), featured a four-way primary and nowsets a longtime prosecutor against an attorney who haspracticed law for nearly 35 years.

The top finisher in the primary was Adams CountyDistrict Atty. Mark Thibodeau, a 1977 Marquette LawSchool graduate who has served as the county’s districtattorney since 1978. Thibodeau garnered 1,600 votes toAtty. Charles A. Pollex’s 1,100.

In his tenure as district attorney, Thibodeau started theAdams County Crime Prevention Fund and a community

service program, and helped to create the Adams FriendshipSchools Law Enforcement Task Force.

Thibodeau and his wife, Terri, have a teenage son anddaughter.

His opponent, Pollex, is a partner in Hollman and PollexLaw Offices, LLP, in Friendship. Pollex has been an attorneyfor nearly 35 years and has served as city attorney for Adamsfor 23 years. He also served three terms as district attorney

for Adams County and is presently the county’s courtcommissioner, a position he has held for 11 years.

Pollex was raised on his family’s farm in the town ofQuincy and lives on that farm now with his wife, Sharon.They have four adult children and have been active insports and civic organizations for many years.

He told The Daily Tribune (Wisconsin Rapids) that hisexperience handling every type of case would serve himwell on the bench. “There are two sides to every story,two points of view,” he said. “I have been involved in both

sides of every legal issue imaginable and that gives me theconfidence to believe that I can serve the court in a fair,competent, and decisive manner.”

Atty. Thomas M. Croke, who moved to Adams Countyfrom Milwaukee in 1995, finished third in the primary with700 votes. The fourth-place finisher, with 600 votes, wasAtty. Paul S. Screnock, an Adams County courtcommissioner who has been in private practice since 1979.

Bayfield County Circuit CourtAnderson v. Priebe

In the contest for Bayfield County’s single judgeship,

incumbent Judge John H. Priebe is facing Atty. John P.Anderson, a Bayfield County court commissioner who ispresident of the Ashland-Bayfield County Bar Association.

Priebe, 51, has been on the benchfor six months as an appointee ofGov. Scott McCallum. Prior to hisappointment, Priebe had practicedlaw for 22 years. He was a solepractitioner in the Oneida Countycommunity of Rhinelander whenMcCallum tapped him to replaceJudge Thomas T. Lindsey, who diedlast June at age 48 after a two-yearbattle with cancer.

Priebe earned his bachelor’s degree in English from theUniversity of Wisconsin-Superior and his law degree fromthe University of Wisconsin Law School. Prior to taking thebench, he was active on a variety ofboards in Rhinelander.

Priebe is married to Rebecca, areview-and-release specialist atLincoln Hills School. The couple hasfour children.

Anderson, 40, is a Washburnnative who is a partner in theBayfield County law firm of Spears,Carlson & Anderson. He runs ageneral practice and serves as municipal attorney for severalcommunities. Anderson also sits on the District 11 committeefor the investigation of complaints against lawyers.

Anderson received his bachelor’s degree from LutherCollege and graduated from William Mitchell College ofLaw in 1989.

Brown County Circuit Court, Branch 4Hammer v. Kelley

Judge Kendall M. Kelley, appointed by Gov. ScottMcCallum in 2002 to fill a vacancy created by JudgeWilliam C. Griesbach’s appointmentto the federal bench, is facingopposition from Atty. Marc A.Hammer, a lawyer in private practicein De Pere.

Kelley was an assistant districtattorney for four years prior to hisjudicial appointment. He helped toestablish a municipal court for theTown of Suamico and served as thecourt’s first judge.

Kelley received his bachelor’s and master’s degrees fromthe University of Dallas and earned his law degree fromMarquette Law School in 1987. Prior to becoming aprosecutor, he worked in private practice and spent nearlyfour years in the U.S. Navy’s Judge Advocate General’sCorps.

In the race, Kelley is emphasizing his “common sense

Elections continued from page 3

Atty. Charles A. Pollex

Atty. Mark Thibodeau

Judge John H. Priebe

Atty. John P. Anderson

Judge Kendall M.Kelley

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conservative outlook” and his past work with lawenforcement. “As a prosecutor, I was on the front lines withother law enforcement officials working to keep ourcommunity safe,” he told a Brown County newspaper. “Myperspective as a judge is not any different. Public safety isstill a top priority for me, and I will use my position toprotect my family and every family in Brown County frombecoming a victim of crime.”

Kelley is married to Kathleen, who is home schoolingtheir eight children.

Kelley’s opponent, Hammer, wasone of the finalists for theappointment to this branch. A seniorpartner with the law firm ofStellpflug, Janssen, Hammer,Kirschling and Bartels, Hammerfocuses his practice on civil cases.He is also an adjunct professor ofbusiness law at St. Norbert College,a Brown County court commissioner

and president of the Brown County Bar Association.

He summed up his philosophy on judging as follows: “Ajudge’s job is to listen to both sides and then make adecision. What I have learned from my practice is don’tprejudge a case before you hear the facts.”

An Illinois native, Hammer earned his law degree fromthe University of Missouri-Columbia School of Law in 1989.

He and his wife, Kathy, live in Ashwaubenon with theirthree children.

Burnett County Circuit CourtKutz v. Gableman

Judge Michael J. Gableman, anappointee of Gov. Scott McCallumwho took the bench in BurnettCounty in September 2002 afterJudge James Taylor retired, is facinga challenge from the county’s districtattorney, Kenneth L. Kutz.

Gableman came out on top in theprimary, garnering 1,600 votes toKutz’s 446. Prior to being appointedto the Burnett County Circuit Court,

Gableman lived in Appleton and served briefly as anadministrative law judge for the Department of WorkforceDevelopment. From 1999-2002, he was Ashland Countydistrict attorney; prior to this, he was an assistant prosecutorin Marathon County for one year and in Langlade County fortwo years.

Gableman is a graduate of Ripon College and HamlineUniversity School of Law.

Kutz, who has spent 20 years in the Burnett CountyDistrict Attorney’s Office – the last 16 as district attorney –was a finalist for the position when McCallum appointedGableman. Kutz told the Burnett County Sentinel that jailovercrowding is one of the biggest problems facing the

county and he emphasized a commitment to rehabilitationprograms.

The prosecutor is also a law enforcement instructor atIndianhead Technical College in Eau Claire and sits on theboard of directors of the Burnett Medical Center. He is amember of a local group that works to address domesticviolence.

Kutz and his wife, Patricia, have three sons at home.

Atty. Dennis C. Lieder, who has practiced law in ShellLake and Siren since 1975, was eliminated in the primary.

Dane County Circuit Court, Branch 6Anderson v. Gaylord

The contest for Branch 6 of the Dane County CircuitCourt, which is rotating into the Juvenile Division for thenext two years, pits a municipal court judge against anattorney in private practice.

Madison Municipal Judge Shelley Gaylord topped Atty.Michael S. Anderson in the primary by a vote of 24,500 to13,000.

Anderson, 48, is a Minnesota native who graduatedfrom Cornell University and was a law review editor atWashington University School of Law in St. Louis. He isa partner with the Madison law firm of Axley Brynelson.Madison Magazine has twice named him as one of thecity’s best lawyers, in the categories of civil litigation andintellectual property law. About 200 lawyers endorsedhim.

Anderson currently is a member of the PreliminaryReview Committee, part of the lawyer regulation system. Hewas appointed after serving the maximum nine years on adistrict investigative committee. He also served on the StateBar committee that looked at how to restructure the lawyerdiscipline system from 1996-2000.

In his spare time, Anderson teaches adult Christianeducation at his church. This has led him to read the Koranand study Islam to encourage improved cross-culturaldialogue.

Anderson and his wife, Gail, a psychologist at a Veronaelementary school, have two sons – one in high schooland one in college.

Madison Municipal Judge Shelley Gaylord, 47, waselected to the municipal court bench in 1993 and has beenre-elected twice. In her first year on the bench, she said,she handled 19,000 cases; that number has increased eachyear and stood at 36,000 in 2002.

Prior to becoming a municipal judge, Gaylord spent 13years in private practice, where she focused on juvenilelaw. She has served as an instructor for the University ofWisconsin Law School’s Legal Defense Project and teachesat circuit court and municipal court seminars. She also is co-founder of the Dane County Bar Association's trainingprograms for family law mediators and guardians ad litemand past-president of the board of directors for the DomesticAbuse Intervention Service.

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Atty. Marc A. Hammer

Judge Michael J.Gableman

Atty. Kenneth L. Kutz

Atty. Michael S.Anderson

Judge Shelley Gaylord

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Gaylord is the mother of a five-year-old son andstepparent to a six- and a 10-year-old. She and her partnerlive in Madison.

Eliminated in the primary was Atty. John P. “Jack”Schuster, 55, a sole practitioner in Madison.

Green County Circuit CourtSturdevant v. Beer

Judge James R. Beer, seeking his second term asGreen County’s judge, is facing a challenge from Atty.Roger D. Sturdevant, an assistant state public defender.

Beer, was appointed by Gov. Tommy Thompson inOctober 1996 and was elected to a full term the followingApril. Prior to becoming a judge, Beer was a GreenCounty court commissioner for eight years. He alsoserved a term on the county board and was the county’sdistrict attorney for two years in the 1970s.

Beer earned his undergraduate degree from theUniversity of Wisconsin-Madison and his law degree fromMarquette Law School.

His opponent, Sturdevant, is a graduate of theUniversity of Wisconsin Law School, where he completedhis degree in two years. Sturdevant is a disabled Vietnamveteran.

In 1984, Sturdevant became an assistant state publicdefender. He was sent to Monroe in 1985 to establish apublic defender office and then worked in La Crosse for ayear before returning to Monroe County in 1987. Sincethen, he has staffed the office providing public defenderservices to both Green and Lafayette counties.

Milwaukee County Circuit Court, Branch 12Borowski v. Skwierawski

Voters filling the seat in Milwaukee County’s Branch 12 –currently held by retiring Chief Judge Michael J.Skwierawski – will choose between Municipal CourtCommissioner David Borowski and Assistant District Atty.Audrey Skwierawski.

Borowski finished first in the primary, with 14,000 votesto Skwierawski’s 12,500.

A 1991 graduate of Marquette University Law School,Borowski has been a sole practitioner since 1996. Hispractice emphasizes personal injury, civil litigation, andbusiness and commercial law. As a municipal courtcommissioner since 1998, Borowski presides at pretrialconferences, taking pleas, sentencing, reviewing warrantreturns, and conducting in custody hearings.

Borowski is also chair of the MilwaukeeAdministrative Review Appeals Board, a body that

reviews the actions of city authorities; and a former memberof the Milwaukee Bicycle Task Force.

Skwierawski, a prosecutor since 1994, is running to servein the branch that her father has held for 25 years. The elderSkwierawski will retire on July 31 (see separate story).

Skwierawski earned her degree from Georgetown

University Law Center in 1992 and worked briefly inWashington, D.C., focusing on insurance defense work. Inthe Milwaukee County District Attorney’s Office, she hasworked primarily as a sensitivecrimes and domestic violenceprosecutor. From 1998 to 2001, shedirected the Domestic Violence Unitand played a leading role inMilwaukee obtaining a multimillion-dollar federal grant for a countyprogram that has become a nationalmodel for curbing domesticviolence.

Skwierawski made public herintention to seek the post on the same day her fatherannounced his retirement, causing other candidates for thejob to complain that she had an unfair advantage. Borowskimade this an issue in the campaign, urging voters to rejectwhat he called “the stuff that’s been going on at thecourthouse for years: the nepotism, the favoritism, the insiderpolitics.”

But Skwierawski lined up endorsements from theMilwaukee Police Association, District Attorney E. MichaelMcCann, and U.S. Rep. Tom Barrett – among others – andthen won the endorsement of the Milwaukee JournalSentinel, which wrote: “Skwierawski’s experience both inprivate practice and in the DA’s office – specifically, herextensive courtroom experience handling a large number ofcases involving a variety of legal issues – endows hercandidacy with a strength that the other candidates cannotmatch.”

Finishing third in the race was former Milwaukee CountyJudge Robert Crawford, whom the Supreme Court foundguilty of misconduct in office in July 2001. Crawford wassuspended for 75 days and subsequently defeated in his bidfor re-election in April 2002 by then-Milwaukee MunicipalJudge Louis Butler Jr.

The fourth-place finisher was Atty. Mary Woehrer.Woehrer, who represented Lawrencia Bembenek in her recenteffort to overturn her 1982 murder conviction, used a tapedendorsement from Bembenek in a telephone campaign.

Polk County Circuit Court, Branch 2Laux v. Rasmussen

Judge Robert H. Rasmussen, onthe bench in Polk County CircuitCourt since 1991, faced challengesfrom two local attorneys in theprimary and is now campaigningagainst Osceola Atty. Timothy J.Laux, a partner in Laux Cutler, S.C.

Rasmussen received 2,500 votesin the primary to Laux’s 850.

Rasmussen, 55, is a La Crossenative who served as Polk County district attorney and spent14 years in private practice before becoming a judge. He is

Judge James R. Beer

Atty. Roger D.Sturdevant

Atty. David Borowski

Atty. AudreySkwierawski

Judge Robert H.Rasmussen

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also a member of the Juvenile Jury Instructions Committee.

Rasmussen earned his bachelor’s degree from theUniversity of Wisconsin-River Falls and his law degree from

the University of Wisconsin LawSchool.

Laux, 54, has been in privatepractice for 18 years. He initiallyplanned to become a priest, but leftthe Sacred Heart Seminary in Oneidain 1967 and enlisted in the Navy. Heserved aboard the aircraft carrierUSS Enterprise off the coast ofBangladesh and in the Tonkin Gulf.

Laux earned his bachelor’s degree from the University ofWisconsin-Green Bay and a master’s degree from theUniversity of Wisconsin-River Falls. Prior to entering lawschool, he taught English and reading and was an athleticcoach in the New Richmond schools.

Laux is married to Cheri, a 6th grade math teacher. Theyhave three grown children.

Atty. James J. Rennicke, 45, a Minnesota trial lawyer wholives on a hobby farm in Polk County, was eliminated in theprimary.

Sheboygan County Circuit Court, Branch 4Bourke v. Donohue

The campaign for the Branch 4 seat in Sheboygan CountyCircuit Court – currently held by Judge John B. Murphy,who will retire in the summer – matches a privatepractitioner against a court commissioner.

Atty. Terence Bourke has been a Sheboygan County courtcommissioner for 14 years. He presides over misdemeanorand felony bail hearings, domestic abuse injunction hearings,traffic and ordinance returns, and initial civil commitmenthearings. Prior to this, Bourke spent four years as an assistant

district attorney in the county.

Bourke earned his bachelor’sdegree from the University ofWisconsin-Madison and his lawdegree from De Paul UniversityCollege of Law. Bourke is currentlypresident of the Wisconsin FamilyCourt Commissioners Associationand past-president of the SheboyganCounty Bar Association.

He is active in his community, serving as a regionaldirector and a coach for the mock trial tournament, and as abig brother with the Big Brothers/Big Sisters program.

Also vying for this seat is Atty. Mary Lynne Donohue,who practices with the Sheboygan law firm of HoppNeumann Humke LLP. She concentrates on personal injuryand disability work, in addition to municipal representation.

Donohue earned her bachelor's, master's, and law degreesfrom the University of Wisconsin. After her law schoolgraduation in 1979, she began practice with Legal Services

of Northeastern Wisconsin. Six years later, she was named asthe organization’s executive director.

Donohue has been active in the bar, serving as treasurerof the State Bar of Wisconsin, and as a member of theBar’s Board of Governors, where she sat on the ExecutiveCommittee. Donohue is a past member of the State Bar’sProfessional Ethics Committee and the Wisconsin JudicialCouncil, and past-president of the Wisconsin TrustAccount Foundation and the Wisconsin Academy ofSciences, Arts and Letters.

Locally, Donohue currently serves as president of thePolice and Fire Commission. She is past-president of theSheboygan Area School District Board of Education andpast-president of the Sheboygan County Bar Association.She currently coordinates a Legal Aid Clinic at the SalvationArmy.

Donohue is married to Sheboygan County Circuit CourtJudge Timothy M. Van Akkeren and is the mother of twosons.

Waukesha County Circuit Court, Branch 4Flores v. Reilly

Reserve Judge Ness Flores is hoping to return to thebench in Waukesha County full-time. Flores, 60, was acircuit court judge in the county from 1978-83, just aftercourt reorganization. He left the judiciary to accept anappointment as chair of the state’s Public ServiceCommission, a position that he held until 1986 when hewent into private practice.

Flores is a Texas native who received his law degreefrom Baylor University in 1970. He is a member of theGovernor’s Committee on Migrant Labor.

Flores and his wife, Phylis, have six children.

Also running is Atty. Paul F. Reilly, who has practicedwith Hippenmeyer, Reilly, Moodie & Blum, S.C. since his1987 graduation from the University of Wisconsin LawSchool. Reilly concentrates on litigation work in the stateand federal courts and has a special interest in "bad faith"cases, which he litigates on behalf of people with medicalbills that their insurance companies refuse to pay. For thepast five years, he also has served as city attorney forNew Berlin.

Reilly has been very active in both the legal professionand the Republican Party. He is a past-president of theWaukesha County Bar Association and served 1995-2000on the State Bar Board of Governors, where he sat on theExecutive and Finance committees.

Reilly and his wife, Kristin, have two daughters.

Waukesha County Circuit Court, Branch 10Van De Water v. Becker

Judge Marianne E. “Teddy” Becker, who became the firstwoman on the bench in Waukesha County 18 years ago, isfacing challenger Linda Van De Water, an attorney for theWisconsin

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Atty. Timothy J. Laux

Atty. Terence Bourke

Atty. Mary LynneDonohue

Judge Ness Flores

Atty. Paul F. Reilly

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Department of Regulation and Licensing.

Van De Water, 39, is a former administrative law judgewho heard probation revocation proceedings. She also servedas a Waukesha County prosecutor and, in 1998, was the

Republican Party candidate for attorney general,unsuccessfully challenging Jim Doyle. In 2000, sheapplied for appointment to the seat held by retiring JudgeJoseph Wimmer. Then-Gov. Tommy Thompson choseMichael O. Bohren for that seat.

Van De Water told the Milwaukee Journal Sentinel thatshe plans to spend $80,000 - $100,000 on the race; inrecent Waukesha judicial races, candidates have spent upto $86,000.

Van De Water is a Meals on Wheels driver and SpecialOlympics volunteer who said she could bring “needed

change and focus to the system.”

Becker, 61, is presiding judge in Waukesha County’sJuvenile Division. She won a contested race for the newlycreated Branch 10 judgeship in 1985 and has been re-elected twice without opposition.

Active in the judiciary and in her community, Beckeris a member of the Juvenile Jury Instructions Committeeand the Probate Benchbook Committee. She organized theWaukesha Victim Impact Program and founded thecounty’s Citizens Advisory Council.

Becker is married to John and has five sons. Sheenjoys bridge, fishing, and travel.

Wood County Circuit Court, Branch 3Henkelmann v. Zappen

Judge Edward F. Zappen Jr., on the bench in WisconsinRapids for 18 years, is facing a challenge from Wood CountyAssistant District Atty. John P. Henkelmann.

Henkelmann, 45, became a county prosecutor in 1985, thesame year Zappen became a judge.In an interview with The DailyTribune (Wisconsin Rapids),Henkelmann called himself a “law-and-order candidate for judge” andnoted that he is the son of a unioncarpenter and a homemaker, who hesaid taught him a strong work ethic.

Prior to joining the districtattorney’s office, Henkelmann spentthree years in private practice. Healso has taught business law at Mid-State Technical Collegeand has been active on local boards.

Henkelmann is married to Karen and enjoys biking,cross-country skiing, and community theater.

Zappen, 60, a native of WoodCounty, worked in private practicefor 12 years prior to taking the benchin 1985. He served as Wood Countydistrict attorney for four years in the1970s and retired from the U.S. AirForce Reserves in 1989 as alieutenant colonel.

Zappen has been active in courtadministration, serving on theCombined Court AutomationPrograms (CCAP) Functions Committee and the JuryInstructions Committee. He also has served as an associatedean of the Wisconsin Judicial College.

He is married to Kathy and has five children. He enjoyssailing, skiing, and making furniture. !

Atty. Linda Van DeWater

Judge Marianne E.Becker

Atty. John P.Henkelmann

Judge Edward F.Zappen Jr.

in The Courier (Milwaukee) in mid-December whenMilwaukee’s three municipal judges, Vincent J. Bobot,James A. Gramling Jr., and Derek C. Mosley decided to

give defendants the option to appear at night to helpease conflicting schedules and police overtime. Thejudges will continue to schedule night pre-trials andtrials each month.

The Dodgeville Chronicle printed a letter fromJudge William D. Dyke, Iowa County Circuit Court.He submitted the letter to clarify the difference inpenalties for underage drinking versus drunk driving.Dyke wrote in response to another correspondentwho had written to complain after hearing aboutwhat he thought were very lenient drunk drivingsentences. Dyke set the record straight, noting, “there

is no classroom alternative available for a first offenseconviction of drinking and driving.”

Polk County – along with the rest of the Tenth JudicialDistrict – now has handouts available to litigants who

choose to represent themselves. “While we cannot give legaladvice, we can certainly provide people with information –and that’s what this pioneering effort is all about,” Clerk ofCircuit Court Mel Madsen toldThe County Ledger Press(Balsam Lake). The publicationsinclude toll-free numbers, Website addresses, and suggestions.There is also a detailed directoryof attorneys available. “Thecourts exist to help peopleresolve their disputes peace-fully,” said Judge Robert H.Rasmussen, Polk CountyCircuit Court. “In order to fulfillthat mission, we need to ensurethat all people – with or without lawyers – have meaningfulaccess to justice.” !

PEOPLE continued from page 17

Judge William D. Dyke Judge Robert H.Rasmussen

The

Thi

rd B

ranc

h Chief JusticeShirley S. Abrahamson

Director of State CourtsJ. Denis Moran

EditorAmanda K. Todd

Associate EditorC. Colleen Flesher

Contributing WritersRoberta BitlerCheryl CalderRichard F. Raemisch

Editorial CommitteeHon. Michael J. RosboroughVernon County Circuit CourtGregg T. MooreDistrict Ten 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) 267-0980

www.wicourts.gov

Justices star in PSAsRadio stations across the state have begun

airing public service announcements (PSAs)recorded by all seven Supreme Court justices.The project is a joint effort of the WisconsinSupreme Court and the Wisconsin Broadcasters’Association Foundation in honor of the Court’s150th anniversary.

Each of the seven, 30-second spots focuses ona court issue that the justices deemed appropriateto highlight. Here is the line-up:" History – 2003 celebration (Chief Justice

Shirley S. Abrahamson)" Court of Appeals – 25 years (Justice William

A. Bablitch)" Protecting the best interests of children

(Justice Jon P. Wilcox)" Judicial Independence (Justice Ann Walsh

Bradley)" Volunteers in the Courts (Justice N. Patrick

Crooks)" Pro se litigants (Justice David Prosser Jr.)" Right to Counsel (Justice Diane S. Sykes)

Education forum is set forDecember

The Wisconsin Historical Society and theUniversity of Wisconsin Department ofCurriculum and Instruction are planning a civicsand legal history conference for grade schoolteachers at the Pyle Center in Madison. Theconference, slated for December, will focus onbolstering the quantity and quality of informationpresented about state government – and specifi-cally the judicial branch – in Wisconsin’s class-rooms.

The conference will build on an effort todevelop a Center for Democracy Education atUW-Madison.

Portraits of Justice is available now

The second edition of Portraits of Justice,which includes biographies of Justices DavidProsser Jr. and Diane S. Sykes – both of whomjoined the Supreme Court after the first editionwas published – is now available. The secondedition also includes a new introduction fromChief Justice Shirley S. Abrahamson, whodiscusses the past, present, and future of theCourt.

Portraits of Justice is a 104-page paperbackbook from the University of Wisconsin Press,distributor for the Wisconsin Historical SocietyPress. The price is $10.95. Order by calling (800)621-2736, or pick up a copy at the Museum Shopon the Capitol Square at State Street.

Grants from the University of Wisconsin LawSchool and the State Bar of WisconsinPresidential Initiatives Fund are funding copiesfor Wisconsin’s high schools, colleges, anduniversities. !

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