the third branch, summer 2008 - wisconsin supreme courtday served just one year as chief justice...

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Summer 2008 HIGHLIGHTS 1 New judges 1 Obituaries 3 Retirements 4 Leadership 7 New faces 8 Awards 9 Wisconsin connects 11 People The Third Branch a publication of the Wisconsin Judiciary Vol 16 No 3 www.wicourts.gov G ov. Jim Doyle has proclaimed September as juror appreciation month in Wisconsin. To mark the occasion, circuit courts throughout the state will participate in a variety of activities intended to thank jurors, and to recognize the critical role they play in our democracy and system of justice. The theme of this year’s event: Jurors Serve Justice; Justice Serves Us All. The statewide celebration, co-sponsored by the Wisconsin court system and the State Bar of Wisconsin, will kick off with a press conference in Milwaukee on Sept. 3. Supreme Court Chief Justice Shirley S. Abrahamson, State Bar President Diane S. Diel, and Chief Judge Kitty K. Brennan, Milwaukee County Circuit Court, along with other state and local officials, will host the press conference. “The Wisconsin court system and the citizens of this state greatly appreciate the time and dedication of jurors. Without them, our system of justice would not function properly. Employers and families of jurors also deserve tremendous thanks for supporting Wisconsin jurors,” Abrahamson said. The statewide program builds on the success of a Milwaukee County juror appreciation program established last year. State juror appreciation program launched Appellate courts lose two veteran judges T he Wisconsin court system mourned the loss of two longtime appellate judges in July. Former Wisconsin Supreme Court Chief Justice Roland B. Day died July 26 at age 89, and Court of Appeals Judge Ted E. Wedemeyer Jr. died July 23 at age 75. In August, Gov. Jim Doyle appointed Milwaukee Chief Judge Kitty K. Brennan to succeed Wedemeyer. Day is remembered by court colleagues for fostering collegiality and working toward more prompt release of opinions. He is remembered by friends and family for his good sense of humor, commitment to public service and dedication to family. Day served just one year as chief justice before retiring, but he used that time wisely to help improve the administration of justice and to encourage better public understanding of the courts, said Chief Justice Shirley S. Abrahamson. “He used his sense of humor, foresight and administrative skills to move the court forward,” Abrahamson said. Day reinstituted the practice of having justices eat lunch together at least once a month. He made one rule about the lunches: justices were not allowed to discuss any court business. The result was a friendly atmosphere that carried back into the conference room, where differences can become confrontational, Abrahamson said. Day was elected in 1976 and was reelected in 1986, after first being appointed by then- Gov. Patrick J. Lucey in 1974. Day became chief justice on Aug. 1, 1995, and retired a year later, at the end of his second term. Day began his career as a Chief Justice Roland B. Day See Jury on page 14 Judge Ted E. Wedemeyer Wisconsin welcomes justice, three new judges S upreme Court Justice Michael J. Gableman and three new judges officially took office in August. Justice N. Patrick Crooks swore in Gableman during a ceremony on the front lawn of the Burnett County Government Center in Siren on Aug. 1.. On Aug. 4, Chief Justice Shirley S. Abrahamson swore in Kenneth L. Kutz who filled the vacancy in Burnett County created by Gableman’s election to the Supreme Court. For the past 21 years, Kutz has served as district attorney for Burnett County. Prior to that, he served as the county’s assistant district attorney. Kutz said he has long aspired to join the judiciary. He believes that the court system is operating well, but plans to watch for new programs that might be implemented in his county. He also plans to work with Burnett County Clerk of Court Trudy Schmidt to try to secure additional staffing in the circuit court. see New judges on page 10 see Obituaries on page 8

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Page 1: The Third Branch, summer 2008 - Wisconsin Supreme CourtDay served just one year as chief justice before retiring, but he used that time wisely to help improve the ... As entrepreneur

Summer 2008

H I G H L I G H T S

1 New judges1 Obituaries3 Retirements4 Leadership

7 New faces8 Awards9 Wisconsin connects11 People

The

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www.wicourts.gov

Gov. Jim Doyle has proclaimed Septemberas juror appreciation month in

Wisconsin. To mark the occasion, circuit

courts throughout the state willparticipate in a variety of activitiesintended to thank jurors, and torecognize the critical role theyplay in our democracy andsystem of justice. The theme ofthis year’s event: Jurors ServeJustice; Justice Serves Us All.

The statewide celebration,co-sponsored by the Wisconsincourt system and the State Bar ofWisconsin, will kick off with a pressconference in Milwaukee on Sept. 3.Supreme Court Chief Justice Shirley S.

Abrahamson, State Bar President Diane S. Diel,and Chief Judge Kitty K. Brennan, Milwaukee

County Circuit Court, along with other stateand local officials, will host the press

conference. “The Wisconsin court system

and the citizens of this state greatlyappreciate the time and dedication ofjurors. Without them, our system ofjustice would not function properly.Employers and families of jurorsalso deserve tremendous thanks for

supporting Wisconsin jurors,”Abrahamson said.

The statewide program builds onthe success of a Milwaukee County juror

appreciation program established last year.

State jjuror aappreciation pprogram llaunched

Appellate ccourts llose ttwo vveteran jjudgesThe Wisconsin court system

mourned the loss of twolongtime appellate judges in July.Former Wisconsin Supreme CourtChief Justice Roland B. Day diedJuly 26 at age 89, and Court ofAppeals Judge Ted E. WedemeyerJr. died July 23 at age 75.

In August, Gov. Jim Doyleappointed Milwaukee Chief JudgeKitty K. Brennan to succeedWedemeyer.

Day is remembered by courtcolleagues for fostering collegiality

and working toward more prompt release of opinions. Heis remembered by friends and family for his good sense ofhumor, commitment to public service and dedication tofamily.

Day served just one year as chief justice beforeretiring, but he used that time wisely to help improve theadministration of justice and to encourage better publicunderstanding of the courts, said Chief Justice Shirley S.

Abrahamson.“He used his sense of humor, foresight and

administrative skills to move the court forward,”Abrahamson said.

Day reinstituted the practice of having justices eatlunch together at least once a month. He made one ruleabout the lunches: justices were not allowed to discuss anycourt business. The result was afriendly atmosphere that carriedback into the conference room,where differences can becomeconfrontational, Abrahamsonsaid.

Day was elected in 1976and was reelected in 1986, afterfirst being appointed by then-Gov. Patrick J. Lucey in 1974.Day became chief justice on Aug.1, 1995, and retired a year later,at the end of his second term.

Day began his career as a

Chief Justice Roland B. Day

See Jury on page 14

Judge Ted E. Wedemeyer

Wisconsin wwelcomes jjustice, tthree nnew jjudges

Supreme Court Justice Michael J. Gableman and threenew judges officially took office in August.

Justice N. Patrick Crooks swore in Gableman during aceremony on the front lawn of the Burnett CountyGovernment Center in Siren on Aug. 1..

On Aug. 4, Chief Justice Shirley S. Abrahamsonswore in Kenneth L. Kutz who filled the vacancy in BurnettCounty created by Gableman’s election to the SupremeCourt. For the past 21 years, Kutz has served as district

attorney for Burnett County. Prior to that, he served as thecounty’s assistant district attorney.

Kutz said he has long aspired to join the judiciary. Hebelieves that the court system is operating well, but plans towatch for new programs that might be implemented in hiscounty. He also plans to work with Burnett County Clerk ofCourt Trudy Schmidt to try to secure additional staffing inthe circuit court.

see New judges on page 10

see Obituaries on page 8

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As a volunteer Little League coach, I’m certain kids aresick and tired of my pleas for better fundamentals. For

them, it’s more exciting to play Home Run Derby than topractice a sacrifice bunt; more thrilling to see if they can re-create a Top-Ten play from SportsCenter than to field a pop-up with two hands; and more thrilling to throw aknuckleball to their buddy than to practice throwingfastballs consistently over the plate. My job is to convincethem that better performance comes from mastering thefundamentals, and that mastering the fundamentals leads to

individual and team success.Likewise, mastery of the

fundamentals is critical to thesuccess of our system of justice.

One of the key fundamentals isproviding safe and secure courts. Itis vital that the public feels confidentand safe in accessing their courts andthat court personnel feel safe in theperformance of their duties.

Baseball analogies aside, MaryMcQueen, president of the NationalCenter for State Courts, put it thisway:

“In our country, courthouses belong to thepublic and have always been perceived as safehavens…. We must preserve this confidence thepublic has long held in the courts – and we mustcontinue our work to ensure that the perceptionthat courthouses are safe havens is a reality.”

As with Little League baseball, making progress onjustice system fundamentals requires continual emphasis.This is especially true with court safety and securitybecause, often times, there isn’t enough attention paid to theissue until an incident occurs in or around a courthouse.

Complacency can be one of the biggest challenges inthis area, but we’ve made preparation and prevention effortsa priority, even as resources are pinched.

In our 2007-2009 biennial budget request, we askedGov. Jim Doyle and the Legislature to provide more than

$100,000 for court safety training of court personnelaround the state. Unfortunately, the budget processremoved a significant digit from the request, and my officereceived $10,000 to provide training. Undeterred, I startedlooking for partners willing to spend time and resources onthe fundamentals.

Thankfully, Fox Valley Technical College and othershave answered the call. On March 4-6, 2009 a programentitled Court Safety and Security: A ComprehensiveApproach for Multi-Agency Coordination and PersonnelProtection will be held in Green Bay. The program willinclude tracks for law enforcement, court staff and victimadvocates. I am thrilled that the $10,000 seed money willallow us to continue our efforts in this area.

The PPAC Court Security Subcommittee also ishelping guide courtroom safety and security efforts,including a “state of security” survey. This survey isintended to gather a baseline of information on localfacilities, protocols, security, remodeling and constructionplans. Additionally the subcommittee is seeking to gain anunderstanding of security concerns and unmet needs at thelocal level. Information collected from survey responseswill be considered by the subcommittee as it suggestsrevisions or updates to SCR 70.39 and the semi-annualsecurity and facility report process. While the survey islengthy, I encourage you to respond if you received it.

In addition, the subcommittee has viewed apresentation from the United States Marshal Service aboutfederal court security and judicial safety and toured theDane County Courthouse. The subcommittee will continueto research and make recommendations to PPAC on theseand other issues including courthouse security training;development of a comprehensive security plan; incidentreporting and tracking; and extending outreach on this topicto educate those outside of the court system.

As entrepreneur and author Jim Rohn has said,“Success is neither magical nor mysterious. Success is thenatural consequence of consistently applying the basicfundamentals.”

I am confident that our continual efforts to ensure ourcourts are safe and accessible will contribute to a betterjustice system.

Practicing the fundamentals:Safe and secure courts

A. John Voelker

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Wisconsin Supreme Court Justice ShirleyS. Abrahamson, center, was in BayfieldCounty to rededicate the Bayfield CountyCircuit Courtroom on June 6, after thecourtroom’s $1.3 million renovation.District Ten Chief Judge Benjamin D.Proctor, left, and Bayfield County CircuitCourt Judge John P. Anderson, right,attended the rededication. BayfieldCounty was the 54th stop onAbrahamson’s 72-county tour of thestate. At press time, Abrahamson hadvisited all but six Wisconsin counties.

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Bain, Nowakowskistep down

Former Chief JudgesDorothy L. Bain, MarathonCounty Circuit Court, andMichael N. Nowakowski, DaneCounty Circuit Court, haveannounced plans to step downfrom the bench.

Bain resigned effectiveAugust 29 to take time to fullyrecover from a brain bleed (similarto a stroke) that she suffered in

December 2006. “I have loved working as a judge and will miss all of

the dear friends I have made in the court system over theyears,” Bain said. “It has been an honor and a pleasure toserve the people of Wisconsin and the citizens of MarathonCounty.”

Bain was appointed to the bench in 1997 afterworking for eight years in private practice. She won electionin 1998 and 2004. During her tenure, Bain was activelyinvolved in judicial administration and education efforts. In2003, the Supreme Court selected her to serve as chiefjudge for the Ninth Judicial District. She also served on theCivil Benchbook Committee, helping to write the desktopreference manual used by judges across the state. As anoutgrowth of that work, Bain regularly served on the facultyat continuing education conferences, updating judges fromaround the state on key civil law cases.

Bain’s current term runs through 2010. Gov. JimDoyle is expected to appoint a successor.

In Madison, another veteran chief judge announcedplans to step down at the end of his term. Judge Michael N.Nowakowski said he will not seek re-election when hiscurrent term expires in July 2009. Nowakowski was firstelected in 1985, and re-elected in 1991, 1997, and 2003.

Nowakowski served aschief judge of the Fifth JudicialAdministrative District from2001 to 2007 and as chair of theCommittee of Chief Judges in2006.

Among the many programsNowakowski put in to practiceare the judicial exchangeprogram with the UW LawSchool and judges from China.

One of the most significantprojects undertaken duringNowakowski’s tenure wasconstruction of the new DaneCounty courthouse, which opened in 2006.

Nowakowski said one of the biggest challenges he hasfaced over the last 20 years is dealing with the county overbudget issues. He also said that he has noticed a change inthe difficulties and problems facing kids in juvenile courts isgreater today than it was when he first started. Thosechallenges, however, did not diminish the joy Nowakowskifound in his work.

“Being a judge has been incredibly challenging andrewarding,” he said. “I can honestly say that in nearly 24years, there was never a day I didn’t want togo to work.”

Judge Byron retires fromRock County bench

Rock County Circuit Court JudgeMichael J. Byron retired in August, after 17years on the bench. Byron was appointed in1991, and won elections in 1992, 1998, and2004. Prior to his appointment, Byronworked in private practice from 1968 to1991.

Byron said he is most proud of hisability to treat everyone with respect in hiscourtroom. He believes that he was always steady in hisdecision making and handling of cases, and noted thatlately the criminal caseload had increased fairlydramatically, as has the time involved with each case.

Byron offered these words of advice to newer judges:Just be yourself. “You can’t pattern yourself after otherjudges,” he said. “Just call them the way you see them.”

Jackson County JudgeLaabs retires

Jackson County Circuit CourtJudge Gerald W. Laabs retired inAugust. Laabs was elected to the circuitcourt in 2002, after having served morethan 25 years as the county’s courtcommissioner.

During his time on the bench,Laabs was responsible for implementingseveral new programs including Childrenin the Middle, a program used in divorcecases. Laabs also gave special attentionto truancy cases, much to theappreciation of the school system. His interest in childwelfare issues led him to work hard on community serviceand teen court programs. Two months before his retirement,Laabs also started a drug court in the county.

Laabs said being a judge kept him so busy he did nothave time to make plans for his retirement. He said hewould like to continue to help out in the judicial system parttime, as well as spend some time playing golf.

Assistant to Bablitch, Crooks retiresAfter 25 years at the Wisconsin Supreme Court,

Elizabeth Simons retired from her position as judicialassistant to Justice N. Patrick Crooks this summer. Simonsworked for former Justice William A. Bablitch when hewas Senate majority leader for five years, and then movedto the Supreme Court with him when he was elected to theCourt in 1983. She served as his judicial assistant for 20years. When Bablitch retired, Simons became judicialassistant for Crooks, for whom she worked for the past

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RETIREMENTS

Judge Michael J. Byron

Judge Gerald W. Laabs

Judge Michael N.Nowakowski

see Retirements on page 15

Judge Dorothy L. Bain

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To respond to the shortage of qualified Hmong courtinterpreters, the Director of State Courts’ Interpreter

Program, in cooperation with the Milwaukee CountyCircuit Court, hosted a special training for Hmonginterpreters in July.

Ten Hmong interpreters from around the stateparticipated in thisunique workshop,which combinedlecture anddiscussion oncriminal and civilterminology andprocedure withmock courthearings. Thetraining facultyconsisted of a teamof certifiedAmerican SignLanguage (ASL)and Spanishinterpreters,Hmong attorneys,law students,judges and a court commissioner.

During the first part of the seminar, Judge Paul R. VanGrunsven, Milwaukee County Circuit Court; Judge RalphM. Ramirez, Waukesha County Circuit Court; andCommissioner Sandra Marcus, Marathon County CircuitCourt, examined complex legal concepts, such as “Mirandawarnings,” “probable cause,” “beyond a reasonable doubt,”“competency,” and “order to show cause.” Trainees found itparticularly challenging to find legal equivalents in Hmongfor those words, and some others had difficulty with termssuch as “weapon,” “contact,” “stop,” and “seizure.”

Most of the second day was devoted to mock hearingsin which participants interpreted during an arraignment, pleahearing and deposition while attorneys, law students and thejudge played roles using actual transcripts translated intoHmong. Experienced interpreters in ASL and Spanish gave

participants suggestions on how to improve theirinterpreting skills and guided them on courtroom protocol.

While Spanish remains the language needed for mostcourt interpretation around the state, Hmong is the secondmost requested language. Very few, if any, training forHmong interpreters or other refugee languages exist here or

in other states. Whatcomplicatesinterpretation in morerare languages is thatmany of thefundamental conceptsthat provide theframework for theAmerican legalsystem are non-existent in othertraditional cultures.For example, thenotions of“constitution” or“individual rights” donot exist in Hmongsociety. Thesecultural distinctions

make the job of Hmong interpreters difficult if no similarconcept is available. The process of interpretation requiresthe transfer of equivalent messages between languages orcultures, not “word-for-word translation.” Interpreters musthave a firm understanding of what a legal term means inEnglish in order to accurately interpret its concept into theirlanguage. This training attempted to deconstruct complexlegal words and phrases so Hmong interpreters could betterconvey their meaning during court proceedings.

Currently, four Hmong court interpreters haveachieved certification in Minnesota. Wisconsin does not yethave a certified Hmong interpreter, but given the dedicationand commitment demonstrated by attendees who devoted anentire weekend to improving their skills, that may soonchange.

LEADERSHIPInterpreter training features mock trialBy Carmel A. Capati, Court Operations

Interpreters from around the state participate in a mock trial during the JulyHmong court interpreters training.

Former Supreme Court JusticeLouis B. Butler Jr., center, shares alaugh after the last oral argumentof the Court’s 2007-08 term. Butler,who was defeated by JusticeMichael J. Gableman, wasappointed to the Court in 2004.Also pictured, left to right, Butler’sdaughter, Jessica Butler, formerclerks Brett Eckstein, NancyMarcus, Jake Wittwer, and DistrictIV Court of Appeals’ Judge Paul B.Higginbotham.

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Forty circuit court and reserve judges from the Fifthand Seventh Judicial Administrative Districts met in SpringGreen during May fora joint educationalsession.

MilwaukeeCounty Circuit CourtJudges Mel Flanaganand Jeffrey A.Kremers spoke onSexual Violence: Thejudicial process andcourtroom experience.They were joined byMilwaukee CountyDistrict AttorneyVictim Specialist JaneFoley. The speakerspresented evidencefrom national researchon the relationshipbetween domesticabuse and sexual

assault. Research found that a co-occurring domesticviolence and sexual assault is a leading indicator of lethality.

They discussed howpersonal attitudes caninfluence how thesecases are perceivedand prosecuted. Theyoutlined challengesfor courts, includingvoir dire, sentencingand access to relevantinformation earlier inthe process.

This wasfollowed by a sessionon the provisions ofthe Indian ChildWelfare Act by LoaPorter, tribal childwelfare specialist andTherese Durkin,attorney in the Office

Joint mmeeting aaddresses ssexual vviolence,child wwelfare aand jjuvenile ppracticesby Gail Richardson, District Five Court Administrator

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Chief Judge William D. Dyke; Mark Carey, president of the Carey Group; JimMoeser of the Wisconsin Office of Justice Assistance; and Chief Judge C.William Foust were among those in attendance at the joint education sessionfor Districts Five and Seven.

Each year a small group of official and district courtreporters register to take certification examinations

offered through the National Court Reporters Association(NCRA). The Director of State Courts Office has receivednotice that nine court reporters working throughout the statehave passed NCRA exams and received additionalcertifications:

Ann Albert, Dane County, certified realtime reporterJoyce Beauchamp, Waukesha County, registered

professional reporterJennifer Beranek, Milwaukee County, registered

merit reporterKaren Blair, Columbia and Marquette counties, certified

realtime reporter Trisha Carlson, Pierce County, registered merit reporterKelly DeFort, Milwaukee County, certified realtime reporterTheresa Schiff, Oneida County, certified realtime reporterGerald Schultz, Menominee-Shawano counties,

registered merit reporterJanet Schulz, Walworth County, certified realtime reporter

Since 1935, the NCRA has offered certificationexaminations for court reporters with the goal of improvingthe standards of court reporting and to encourage continuingperformance improvement among individual court reporters.Court reporters devote hours of personal time in preparationfor these rigorous certification exams.

Through an agreement with the NCRA, the director’soffice helps coordinate the examination registration processfor Wisconsin court reporters. Typically, one or two courtreporters working in the court system receive additionalcertification each time an exam is conducted.

The large number of court reporters passing the May

exam demonstrates an ongoing commitment toprofessional education and development. Supervisingjudges were generous in recognizing and praising the workof Wisconsin reporters. Supervising judges were generousin recognizing and praising the work of Wisconsinreporters.

"Congratulations to Joyce (Beauchamp) on passingthe exam with flying colors, " Hon. Linda Van de Water,Waukesha County said.

"Jennifer (Beranek) is very hardworking, focused andthe consummate professional,” said Hon. Mary E.Triggiano, Milwaukee County. “She has worked hard anddeserves countless accodales!"

"Ann (Albert) is a fantastic court reporter and aneven better person.” Hon Daniel R. Moeser, Dane Countysaid. “She exemplifies all the characteristics one wouldwant in a true professional."

"I praise Theresa's (Schiff) recent accomplishmentand now enjoy the services of two highly qualified courtreporters that job share - Theresa and Paula Anderson,”said Hon. Mark A. Mangerson, Oneida County.

Ongoing skill development and professionaleducation are extremely important to judges and thedirector’s office, particularly during this time of changingtechnology and methods. In addition to recognition ofcertifications offered through the NCRA, the court systemrecognizes certifications offered through the NationalVerbatim Reporters Association (NVRA) for voice writersand through the American Association of ElectronicReporters and Transcribers (AAERT) for the newlyintroduced digital court reporters.

Nine court reporters pass certification examsBy Margaret Brady, Human Resources Officer

See Joint meeting on page 14

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Municipal judges bill in worksBy Nancy M. Rottier, Legislative Liaison

The Wisconsin Municipal Judges Association (WMJA)has developed a legislative proposal to substantially

revise the statutes governing municipal court elections,judges and procedures. The WMJA hopes to introduce acomprehensive bill during the 2009-2010 legislative session.

The WMJA proposal would revise Chapters 755 and800 of the statutes, with the goal of enhancing theindependence and professionalism of the municipal courtsand providing for sensible, workable procedures. TheWMJA began the revision process in 2006; sevenmunicipal court judges have worked through multipledrafts since that time.

The Committee of Chief Judges has had input into thedraft through its Subcommittee on Municipal Courts. TheSubcommittee has been particularly concerned thatmunicipal courts be independent. To address that issue, thelegislative proposal would require the municipal governingbody to provide its court an adequate office, a courtroomseparate from the police department, a separate telephonenumber, a facility for storing the court’s records, a courtclerk and a separate budget.

While no bill was introduced during the current

legislative session, the WMJA draft proposal recentlyreceived an informational hearing before the SenateCommittee on Judiciary, Corrections and Housing.Members of the association explained the numerousprovisions of the draft and answered questions of thesenators. The committee chair, Sen. Lena Taylor (D-Milwaukee), has also asked the Judicial Council to reviewthe procedural aspects of the draft. Its report is expected inthe fall.

In addition to consulting with the court system andthe Judicial Council, the WMJA is working with theLeague of Wisconsin Municipalities and the WisconsinTowns Association to address concerns expressed at theinformational hearing about issues of municipal controland costs.

The Committee of Chief Judges’ Subcommitteemembers are Chief Judges Sue E. Bischel and Benjamin D.Proctor, District Court Administrator Patrick Brummond,and Marcia Vandercook of the Office of Court Operations.

If you would like more information about thislegislative proposal or a copy of the draft, please contact meat 608-267-9733 or [email protected].

In early June, the Committee of Chief Judges, other judges,court staff, and selected individuals from state agencies

and the medical field met for one day at Wingspread inRacine to discuss how to better address substance abuseproblems of people involved in the criminal justice system.

The workshop was sponsored by the WisconsinSupreme Court, Office of Judicial Education, Physicians andLawyers for National Drug Policy at Brown University, andthe Johnson Foundation.

The purpose of the meeting was to educatepractitioners about how to effectively handle substanceabuse problems using evidence-based practices. More than45 participants heard presentations by Professor EmeritusDavid C. Lewis of Brown University and Dr. RichardBrown, Clinical Director at the School of Medicine andPublic Health at the University of Wisconsin.

After hearing brief lectures by the physicians,participants were provided two case studies and divided intofour groups to discuss:

What are the consequences and outcomes you intendto happen? What are some of the unintended outcomes? How do you know when there are improvements? What do we need to see further down the road to

know improvements are actually made? Priorities for change—What are the things we really

need to be working on?Participants had suggestions for what improvements

are needed for both the courts and community. Among them: Increased funding for treatment Better training for health care professionals Better assessments for services in the criminal justice

system Better pre-trial assessments Strengthening penalties for OWI cases and more

assistance up front Establishing a Statewide Criminal Justice

Coordinating Committee.

Workshop addresses evidence-basedapproach to substance abuseBy Kerry Connelly, District Three Court Administrator

Judges, court system staff,state agency workers andmembers of the medical fieldgathered in Racine to discussthe issue of serving individualswith substance abuse problemsin the criminal justice system.

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H. Britt Beasley, the newDistrict Eight court administrator,brings with him 28 years ofexperience from the Florida courtsystem. Beasley, who came out ofearly retirement to take the position,previously served as courtadministrator for the Fourth JudicialCircuit in Florida. He said he cameout of retirement because of theopportunity to work in what soundedlike an exciting position in theWisconsin court system.

Beasley, who received hisundergraduate and graduate degrees from Florida State

University, said he had previouslyspent some time in Madison whileserving in the U. S. ArmyReserve. He started his new jobon Aug. 7.

Theresa Owens hasreturned to the Wisconsin courtsystem to serve as executiveassistant to the Chief Justice, atitle she will share with AnnZimmerman, who works part-timeon issues related to self-represented litigants. Prior to her

return, Owens worked as the federal district clerk for thewestern district of Wisconsin. Owens had previously servedas chief deputy clerk of the Office of the Clerk of theSupreme Court and Court of Appeals. She received her lawdegree from Drake University Law School.

The circuit court judges of Eau Claire County haveselected Kristina L. Aschenbrenner to fill the clerk ofcircuit court vacancy created by Diana J. Miller’sretirement (see The ThirdBranch, spring 2008).Aschenbrenner will serve outthe remainder of Miller’sterm, which expires on Jan. 2,2011. She received her

bachelor’s and master’sdegrees from UW-Eau Claire,and has a background inadministration, finance, officemanagement and supervision.Aschenbrenner also holds therank of Sergeant (E-5) in theWisconsin Army NationalGuard. She spent 11 monthsserving in Iraq and has been awarded the ArmyCommendation Medal for active duty service. “I like thepublic service aspect of things,” she told the Eau ClaireLeader-Telegram. “That’s where my military service comesinto play. It’s a good combination.”

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NEW FACES

H. Britt Beasley

Theresa Owens

Kristina L.Aschenbrenner

The Wisconsin court system is continuing efforts to makenavigation of the courts easier for pro se litigants by

introducing its new, interactive small claims Web site to thepublic. Like its family law counterpart introduced in March2006, this user-friendly program will provide aninexpensive alternative for people in need of small claimsassistance but who do not have an attorney. The new sitedebuted in August.

The Web site, https://prosesmallclaims.wicourts.gov,guides users through a series of questions, and the Summonsand Complaint form is automatically filled in based on theanswers provided. The Web site operates much like thesoftware used to complete a tax return. Blank versions of thestatewide-standardized forms are also offered for people tofill in by hand. Additionally, the site offers many county-specific instructional guides to assist users.

The Pro Se Small Claims Forms Committee revampedexisting small claims forms into plain English to make themeasier to understand and made additional forms available onthe court system’s Web site. The forms contain step-by-stepinstructions down the left hand sides of the forms.

So far, more than 20 small claims forms and 11instructional guides have been adapted or created to assistpro se litigants. Since then, Consolidated Court AutomationPrograms (CCAP) has worked to convert some of them intoa Web-based application.

Not only will these interactive forms provide userswith small claims assistance in general, each county in

Wisconsin has tailored many of the instructional materialsthat accompany the forms to reflect their court-specificprocedures. Ensuring that the forms are completedcorrectly, and that they comply with local rules, will savetime and prevent frustration, both for self-representedlitigants and court officials.

Printable forms and the interactive forms can be foundat: http://wicourts.gov/services/public/prose.htm. For furtherinformation, contact the State Pro Se Coordinator AnnZimmerman at [email protected].

Interactive small claims forms onlineBy Ann Zimmerman, Pro Se Coordinator

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AWARDSThree judges named Leaders in Law

Three Wisconsin judges have been selected as 2008Leaders in the Law by the Wisconsin Law Journal. Each

year, the Wisconsin Law Journalrecognizes attorneys, judges and lawprofessors who have made an impactin the community. Thejudges were honoredduring a luncheon May16.

Jefferson CountyCircuit Court JudgeRandy R. Koschnickwas selected forimplementing a new caseassignment system in hiscounty. By assigningjudges to specific case

types and rotating the assignments every twoyears, the new system saves the county moneyand processes cases in a more timely manner.

Retired District II Court ofAppeals Judge Neal P.Nettesheim was honored for hiscommitment to the judicialsystem. Prior to his retirement in2007, Nettesheim was the second-

longest-serving judgein Wisconsin. Hecontinues to work inthe judicial system as areserve judge andthrough his appellatepractice consultancy.

MilwaukeeCounty Circuit CourtJudge Richard J. Sankovitz was recognized forhis work while presiding over a historic leadpaint trial in 2007 and for his commitment toproviding better legal assistance for the poor. Asleader of the State Bar Access to Justice StudyJudge Neal P.

Nettesheim

Judge Randy R.Koschnick

Judge Richard J.Sankovitz

OBITUARIES continued from front page

law trainee in the Office of the Attorney General in 1947and was the first assistant district attorney for Dane Countyfrom 1949 to 1952. From 1957 to 1958, he served as legalcounsel to U.S. Sen. William Proxmire in Washington, D.C.Upon returning to Madison, Day resumed law practice until1974. He served as special counsel to Gov. John W.Reynolds in the reapportionment case before the WisconsinSupreme Court, which became the first state court in thenation to reapportion legislative districts on the basis of oneperson, one vote.

Judge Ted E. WedemeyerDistrict I Court of Appeals

Judge Ted E. Wedemeyer Jr. was still an active judgeon the District I Court of Appeals at the time of his deathfrom lung cancer on July 23.

Wedemeyer helped organize the municipal courtsystem in Milwaukee, and in 1975, was appointed the firstmunicipal judge for the City of Milwaukee. His municipalcourtroom was the first in which cameras were allowedafter he successfully petitioned the Wisconsin SupremeCourt in the 1970s. In 1977 then-Gov. Martin Schreiberappointed him to the Milwaukee County Circuit Court. Heserved on the circuit court until his election to the Court ofAppeals in 1982.

Wedemeyer was a graduate of the College of the HolyCross and Marquette Law School. He also received amaster’s degree from John Marshall Law School.

As a judge, Wedemeyer was known for treatingeveryone in his courtroom with respect and dignity. “He sawthem as human beings, and he treated everyone withrespect,” Milwaukee County Circuit Court Judge JohnDiMotto told the Milwaukee Journal Sentinel. “He wassomeone we could all look to for help on how to be a judge.He was someone other judges would turn to.”

“Everyone in the Milwaukee Circuit Courts loved TedWedemeyer,” Chief Judge Kitty K. Brennan told the

Milwaukee Journal Sentinel. “He was a great judge. He waseasygoing, extremely personable, knowledgeable and fair.He loved his job, and it showed.”

Wedemeyer was also well loved in the community. Hehelped organize the Milwaukee Kickers Soccer Club andwas inducted into their “Hall of Fame.” He was alsopresident of Goethe House of Wisconsin, a German-American cultural organization. “He felt strongly abouthelping the community,” his wife Susan told the JournalSentinel.

Robbie BrooksCCAP

Robbie Brooks, customerservices manager for ConsolidatedCourt Automation Programs(CCAP), passed away at his homeon July 23 after a long battle withcancer. He was 46 years old.

Born in Beaver Dam,Brooks received a communicationarts degree and law degree fromthe UW Law School. He workedfor CCAP for 18 years, starting asan analyst and serving in several leadership roles. He wasinstrumental in the successful implementation of CCAPthroughout the state. As customer services manager, Brookswas the “voice of CCAP.” He was well-known throughoutthe court system and widely respected for his dedication toensuring that CCAP staff never forgot CCAP’s primarymission is to help people, not implement technology,according to his obituary published in the Wisconsin StateJournal.

He is survived by his partner, Ken Monteleone;parents, Rocky and Janis; brothers, Michael and Mark;sister-in-law, Susanne; and many family, friends and co-workers.

Robbie Brooks

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On June 16, I welcomed 19 government officials fromGhana, Mali and Nigeria for an Anti-Corruption and

Good Governance program. The African dignitariesincluded judges, journalists and elected and appointedrepresentatives of the governments of these countries. Theseminar was arranged in coordination with USAID and theMarquette University Les Aspin Center for Government.

West African officials observed proceedings in felonydrug court, where I currently sit. After court adjourned, wehad a dialogue about the operation of the courts in ourrespective countries and the role of courts in addressingcorruption and good governance. Dignitaries asked about theability of judges to be unbiased, given their positions aselected officials; the method judges use to shield themselvesfrom outside influences that may distort their objectivity; theapplication of thelaw; and thesecurity reasonsfor in-custodydefendants beinghandcuffed whilein court.

During theprogram it waslearned that noneof the Africancountries has a“trial by jury”system forresolution oflegal disputes andinstead they relyupon the judge toissue a fair

verdict. African officials agreed that a jury system would notwork in their countries because jurors would be prohibitedfrom ever “voting” against a member of their triberegardless of the overwhelming evidence because many oftheir cultures operate in kinship circles consisting of clansand extended families. Voting against a defendant mightresult in the juror’s banishment from his tribe or village.Some African countries allow litigants to opt out of commonlaw court proceedings and instead submit their case ordispute to tribal elders.

Topics also included the unique language issuesconfronting African courts where many litigants speakunique languages or dialects which require the assistance ofinterpreters. Wisconsin Court Interpreter Program ManagerCarmel Capati addressed language barriers in Wisconsin

courts. Inaddition, DistrictOne Chief JudgeKitty K. Brennanand MilwaukeeCounty CircuitCourt Judge MelFlanagan sharedtheir ownexperiences andeducationregardingimportant issuesconfronting courtsin Wisconsin andin Africa.

African leaders visit Milwaukee CountyBy Judge Paul Van Grunsven, Milwaukee County Circuit Court

WISCONSIN CONNECTS

Judges, journalists and representatives from Ghana, Mali and Nigeria visited withMilwaukee County Circuit Court Judge Paul R. Van Grunsven as part of an Anti-Corruption and Good Governance program arranged in coordination with USAID andthe Marquette University Les Aspin Center for Government.

In September, the Fourth Judicial District (headquartered inOshkosh) will implement the state’s Public Library

Initiative (PLI), an effort to help educate Wisconsinlibrarians about resources available to assist self-representedlitigants.

District Four training sessions are being offered onSept. 17 in Sheboygan and on Sept. 29 in Fond du Lac.Presenters include Chief Judge Darryl W. Deets, ManitowocCounty Circuit Court; four Sheboygan County officialsincluding Court Commissioner Rebecca Persick and Clerkof Circuit Court Nan Todd, and Register in Probate PeggyKress, District Four Court Administrator Jerry Lang; StateLaw Librarian Jane Colwin; and Atty. Ann Zimmerman,state Pro se coordinator.

The PLI was launched in District Ten in 2007. Theobjective of the program is to educate public librarianswithin a judicial district so that local libraries can bettermeet the increased demand for legal resources fromindividuals who do not have attorneys.

Participants will be introduced to the offices of the

clerk of circuit court and register in probate, and educatedabout court forms and resources, as well as reliable Websites that provide access to Wisconsin legal materialsincluding statutes, administrative codes, case law, journalarticles, and forms.

After the training portion of the program, local courtstaff will conduct follow-up visits with the participatinglibraries in order to strengthen cooperation between thelibraries and the courts. This ensures that pro se litigantswill have a number of reliable places to turn for help innavigating the court system.

For more information about Wisconsin’s Public LibraryInitiative, see the article published in “Public Libraries”magazine entitled “The Wisconsin Public Library Initiative:Improving Access to Courts Through Collaboration withPublic Libraries.” For further information, contact StatePro Se Coordinator Ann Zimmerman [email protected].

Library Initiative moves to District FourBy Ann Zimmerman, Pro Se Coordinator

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Kutz received his bachelor’sdegree from the University ofMinnesota and his law degree fromMarquette Law School. He lives inGrantsburg with his wife, Patricia,and their three children.

Michael R. Fitzpatrick tookthe bench in Rock County to fillthe seat of Judge Michael J.Byron, who retired (see page 3).Fitzpatrick has worked as anattorney in private practice formore than 20 years and also as a

Janesville Police and Firecommissioner. He received hisbachelor’s degree and law degreefrom Drake University in Iowa.

“Michael Fitzpatrick’soutstanding legal career hasprepared him well for a position onthe bench,” Gov. Doyle said in apress release. “His broadexperience and understanding ofthe law will allow him to serve thepeople of Rock County well.”

Fitzpatrick said he ishonored by the trust and

confidence everyone has had in him. He said that this will bea wonderful challenge and a great opportunity for him, andhe is looking forward to working in the Wisconsin courtsystem.

Fitzpatrick and his wife, Sharon, have two children andlive in Janesville.

The vacancy created in Jackson County by the death ofJudge-elect Eric Stutz (see The Third Branch, spring 2008)has been filled by Thomas E. Lister, a former JacksonCounty district attorney who has represented plaintiffs inpersonal injury cases for nearly 30years in private practice.

Lister said he will focus ingeneral on improving efficiency inthe courtroom through increaseduse of technology. He also intendsto work closely with the tribalcourts on alcohol treatmentprograms to complement thenewly created Jackson CountyDrug Court.

An Ohio native, Listerreceived his bachelor’s degreefrom DePauw University and hislaw degree from the UW Law School. When he is not atwork, he enjoys golf, bicycling, and rowing. He lives inBlack River Falls with his wife, Sally, and their two children.

Judge Kenneth L. Kutz

Judge Michael R.Fitzpatrick

Judge Thomas E. Lister

New judges continued from front page

Wisconsin Supreme Court Justice N.Patrick Crooks, left, administered theoath of office to new Justice Michael J.Gableman during a ceremony on thefront lawn of the Burnett CountyGovernment Center in Siren on Aug. 1.Gableman, a former Burnett CountyCircuit Court judge, became Wisconsin’s81st Supreme Court Justice.

PPAC updates Critical Issues ReportBy Shelly Cyrulik, PPAC Policy Analyst

During the last six months, the Supreme Court’s Planningand Policy Advisory Committee (PPAC) Planning

Subcommittee, chaired by Judge Barbara A. Kluka, KenoshaCounty Circuit Court, has been busy preparing its report ofplanning recommendations for the next biennium. The PPACReport, Critical Issues: Planning Priorities for the WisconsinCourt System 2008-2010, was approved by PPAC at its Maymeeting.

Last year, the PPAC Planning Subcommittee was askedby PPAC to research and to make a recommendation as tohow it thought PPAC could best accomplish both short andlong-range strategic planning. Specifically the subcommittee

was asked to identify the process that should be undertakenas well as the necessary resources to conduct both short andlong-range planning for the court system. Critical Issuereports have been serving as the short term planningmechanism for PPAC for a number of years.

However, the court system has not studied long-rangeplanning in-depth since “Framework for Action” wasdeveloped with the assistance of the State Justice Institute forthe Wisconsin Court System in 1994. Since then, thePlanning Subcommittee has reviewed the current process

see PPAC on page 15

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PEOPLEIn addition to having served on the Brown County

Circuit Court for 11 years, Judge Donald R. Zuidmulder isa member of the Green Bay Packers Board of Directors.That role has been unusually time-consuming of late; he

reports that muchof his time off thebench has beendevoted toansweringquestions aboutformer Packersquarterback BrettFavre.

Zuidmulderhosted U.S.Supreme CourtChief JusticeJohn Robertsand Roberts’ sonfor a pre-gametailgate partyprior to the NFLchampionshipgame in January.Zuidmulderreports thatRoberts, who is

from Indiana, very much enjoyed the brats.The April issue of La Crosse Magazine featured the

five circuit court judges in La Crosse County. JudgeRamona A. Gonzalez talked about how her background andher personal life have played a role in shaping her judicialcareer. She told the magazine that her goal has been to focuson each individual involved in a case. Gonzalez, who wasborn in the Dominican Republic, has made an impactnationally and internationally with her training programs ondomestic violence and international child abduction. JudgeDale T. Pasell discussed his journey from the PublicDefender’s Office to the circuit court, as well as his hobbiesof running, reading,Badger football andtraveling. Judge ElliottM. Levine who, as anassistant state publicdefender, helped leadthe effort to establish adrug court in LaCrosse County,discussed theimportant role of drugcourts. Judge Scott W.Horne workedalongside Levine indeveloping the drugcourt. “This programtells people that we’re going to devote resources, givesupport, and provide the opportunity to recover,” Horne saidin the article.

Judge Todd W. Bjerke talked about his militarybackground (he is currently a judge advocate in the U.S.Army Reserves and served in the same capacity in the 1980s

in the Marine Corps), and his reason for pursuing a legalcareer. “I have always been interested in making people’slives better through the law,” he told the magazine.

Reserve Judge Charles B. Schudson and his wife,Karen, who is a marriage and family therapist, conductedseminars at the Indiana Judicial Conference last Septemberand April. Additional presentations are scheduled in Arizonaand Utah. The seminars focus on helping judges handle hot-button topics and highly emotional cases involving familiesand children.

District Ten Court Administrator Scott Johnson wascalled to active duty in June for the National Guard.Johnson, a member of the Iowa Air National Guard, wascalled to assist with flood relief in Iowa after the state wasdevastated by severe storms and tornadoes. During the floodclean-up, Johnson helped to mobilize over 4,000 IowaNational Guardsmen to more than 80 of the 99 counties inthe state. Johnson said he was most impressed by thededication of the guardsmen, especially those who weremobilized from the affected area.

Johnson was released from active duty on June 20,after about a week of service, and returned to the districtcourt office thatfollowing Monday.

In the pastseveral years,Johnson also hasbeen called to dutyin Afghanistan andIraq. He isespecially thankfulto Chief JudgeBenjamin D.Proctor andDeputy Director forCourt OperationsSheryl Gervasi,both of whom havebeen supportivewhen he has been called to serve. Johnson returned to theWisconsin court system this past winter, after a stint asdeputy chief clerk in the federal court system in Iowa.

Wisconsin Public Television’s program TeenConnections featured an episode on teen courts in May. Thelive call-in show featured a panel of adults and teen expertswho discussed how teen courts work in Wisconsin. Thepanel included student volunteers from the Brown CountyTeen Court Program, as well as Terri Delaruelle, programmanager for the Brown County Teen Court. Footage of atraining session with high school volunteers, area lawyersand program administrators also was featured in theepisode. Brown County Circuit Court Judge Mark A.Warpinski is a member of the county’s Teen CourtAdvisory Board.

Milwaukee Circuit Court Judge David A. Hansherhas been elected chair of the Wisconsin JudicialCommission. Hansher is the first trial judge to serve as chairsince the commission’s creation in 1978. The JudicialCommission is responsible for enforcing high standards of

Iowa National Guardsmen move sandbags in Iowa Cityas part of the state’s flood relief. Photo courtesy of ScottJohnson

Judge Donald Zuidmulder, Brown CountyCircuit Court, catches up with U.S.Supreme Court Chief Justice JohnRoberts in sub-zero temperatures at aPackers tailgate party.

see People on page 12

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Committee, Sankovitz presided over an effort to gather dataon the need for civil legal services. The group’s workdemonstrated that more than 500,000 Wisconsin residentshad an unmet need for civillegal services in 2006. Thecommittee’s work resultedin a $1 million provision forcivil legal services in thestate budget.

Brennanrecognized asWoman ofInfluence

Chief Judge Kitty K.Brennan, MilwaukeeCounty Circuit Court,received one of theMilwaukee BusinessJournal’s 2008 Women ofInfluence Awards on June26. Brennan is the firstwoman to serve as chief judge of the First Judicial District,and recently was appointed to the District I Court ofAppeals. She was recognized, in part, for successfullyfighting budget cuts proposed after she was appointed chiefjudge in 2005.

Chief Justice Shirley S. Abrahamson told theBusiness Journal that Brennan “follows in the tradition ofgood presiding judges in the county who have been strongleaders who recognize the needs of the court system underdire fiscal pressure.” Brennan has served as a circuit courtjudge since 1994, and is currently chair of the MilwaukeeCommunity Justice Council.

Two municipal judges receive honorsAt the July 24 annual meeting and awards luncheon

for the Wisconsin Municipal Judges Association, twomunicipal judges were recognized for their dedication tojustice. Municipal Judge David H. Nispel, City ofMiddleton, received the association’s 2008 Judge of the

Year Award. Nispel was recognized for his more than 12years of service as a municipal judge, as well as hiscommitment to the Middleton community. Nispel, who is a

full time employee of theWisconsin Department ofEmployee Trust Funds, hasalso previously served aspresident of the association.

City of KenoshaMunicipal Judge John A.Neuenschwander receivedthe association’s LifetimeJurist Achievement Award.Neuenschwander, who hasserved as a municipal judgefor 22 years, received thishonor for contributions tomunicipal judge seminars andhis willingness to offer adviceand assistance to his fellowmunicipal judges.Neuenschwander is also aprofessor of history atCarthage College.

Legislators recognized for legalsystem efforts

Four Wisconsin legislators were awarded the State Barof Wisconsin’s 2007-2008 Scales of Justice Awards on June27. Sens. Michael Ellis, R-Neenah and Jon Erpenbach, D-Middleton, were honored for their efforts on judicialcampaign finance reform. Rep. Pedro Colon, D-Milwaukee,was recognized for his role in enacting 2007 Wisconsin Act110, which addresses language that misled some Spanishspeaking immigrants into believing that notaries public werelicensed to practice law. Rep. John Townsend, R-Fond duLac was honored for his work on 2007 Wisconsin Act 45,and 2005 Wisconsin Acts 387 and 388. These acts haveimproved the process for placement of individuals in needof protective services.

AWARDS continued from page 8

Chief Judge Kitty K. Brennan was featured in the June issue ofthe Milwaukee Business Journal as one of their 2008 Womenof Influence.

judicial conduct, as well asmaintaining the public’sconfidence in the judicial system.Hansher, who was appointed tothe Judicial Commission by theSupreme Court in 2003, haspreviously served on the JudicialConduct Advisory Committee, asco-chair of the Milwaukee BarAssociation Judicial SectionCommittee, and on the board ofdirectors of the Milwaukee BarFoundation.

The fall 2004 issue of TheThird Branch featured an article

on Waupaca County CircuitCourt Judge John P. Hoffmann,who had celebrated a milestoneby biking 60,000 miles. ThisJuly, Hoffman reached a newmilestone: 75,000 miles. In 2007alone, he biked over 5,200 miles— the most he had ever biked ina year. He also spent two weeksbiking in Ireland in 2006. Addingto his accomplishment is the factthat Hoffmann has had both ofhis hips replaced, one in 2000and the other in 2004.

PEOPLE continued from page 11

Judge David A. Hansher Judge John P. Hoffmann

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Anew series of pro se training sessions for court staffwill be launched this fall in the Ninth Judicial District

(headquartered in Wausau) as a part of the Wisconsin courtsystem’s continuing effort to address the issues raised by theincrease in self-represented litigation. The sessions will runin late September and early October in Medford, Wausau,and Rhinelander.

“The Ninth District iscommitted to identifying new andbetter ways to serve pro selitigants, and we are very pleasedto offer this innovative programfor court staff,” said Acting ChiefJudge Neal A. Nielsen III, VilasCounty Circuit Court. “We areparticularly grateful to ReserveJudge Gary L. Carlson, who willserve on our faculty. His expertiseon these issues is unparalleled.”

Also leading theeffort to organize the

sessions is Judge Gregory B. Huber, MarathonCounty co-chair of the Ninth District Self-Represented Litigants Committee. “We arebringing together faculty with a variety ofperspectives and diverse expertise to ensure thatthe program is both useful and engaging,”Huber said. Besides Carlson, the faculty willinclude St. Croix County Judge Edward F.Vlack III, State Law Librarian Jane Colwin,Clerk of Circuit Court Diane Sennholz, NinthDistrict Pro Se Coordinator Annette Barna andState Pro Se Coordinator Ann Zimmerman.

Sennholz, the committee’s otherco-chair, said one important objectiveof the initiative is to develop andimplement a comprehensive trainingplan that can be replicated across thestate. “We are developing theprogram in partnership with theDistrict Ten Self-RepresentedCommittee, the State Law Library,and the Wisconsin Supreme Court,”Sennholz said, “to ensure that theblueprint is useful for counties allover the state.”

The day-long sessions willteach court staff the differences between legal informationand legal advice, make use of example scenarios, presentinformation about pro se resources, and answer questions.

After the program is kicked off in District Nine inSeptember and October, the Ninth and Tenth Districts, the

State Law Library, and the Supreme Court willwork with Court Operations staff to evaluateand make any needed improvements. Next, thetraining program will be replicated in DistrictTen and throughout the state in 2009. Also inthe works: a distance-learning initiativefocusing on the differences between legalinformation and legal advice for court staffunable to attend the training sessions.

For further information about the pro se courtstaff training sessions, contact State Pro SeCoordinator Ann Zimmerman [email protected].

Justice Ann Walsh Bradley presented awards to twolongtime Wisconsin judges in May on behalf of the

Bench and Bar Committee at the State Bar of Wisconsin’sAnnual Convention (see The Third Branch, winter 2008).

Portage County Circuit Court Judge Frederic W.Fleishauer received the Judge of the Year award, andretired Court of Appeals Judge Neal P. Nettesheimreceived the award for Lifetime Jurist Achievement.

In presenting the award to Fleishauer, whom shecalled “a judge’s judge,” Bradley made the followingobservation: “He is praised by his peers and he is praisedby the folks from central Wisconsin for his integrity andfor his patience. He is respected by all of those who crossthe threshold of his circuit court.”

Nettesheim has dedicated his life of service to thejudiciary, family and friends and the people of hiscommunity, Bradley said. He was also Wisconsin’ssecond-longest sitting judge at the time of his retirementlast year; he served on the Waukesha County CircuitCourt from 1978 to 1983, when he joined the District IICourt of Appeals.

Fleishauer, Nettesheim recognized forservice, achievement

From left to right, retired Court of Appeals Judge Neal P.Nettesheim, Wisconsin Supreme Court Justice Ann Walsh Bradley,and Judge Frederic W. Fleishauer, Portage County Circuit Court atthe State Bar of Wisconsin’s Annual Convention in May. Bradleypresented awards to both judges on behalf of the State Bar.

Pro se training program to kick off this fall

Judge Neal A. Nielsen III

Diane Sennholz

Judge Gregory B. Huber

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of Legal Counsel, both of the state Division of Children andFamily Services.

Their program was designed to help familiarize judgeswith the provisions of the Act, identify resources availableto assist in applying the Act, and to describe recentlegislation that affects the courts.

Mark Carey, a consultant, made a presentation onEvidence Based Practices for Judges. “Evidence-basedpractices are a progressive, organizational use of direct,current scientific evidence to guide and inform efficient andeffective correctional services,” Carey said. He described thefactors affecting recidivism and the features of effectiveinterventions. He was followed by Jim Moeser of the Officeof Justice Assistance. He presented judges with a CD ofinformation entitled What Works Wisconsin, that containsmaterials which apply the concepts of evidence basedpractices in the juvenile arena.

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Jury continued from front page

To mark the occasion this year, many counties, includingDane and Waukesha, will hold pressconferences. A variety of otheractivities to demonstrateappreciation for jurors, theirfamilies and employers are expectedin other counties.

Forest County, for example,will post notice in the localnewspaper to invite jurors who haveserved in the past to an open houseat the courthouse, said Clerk ofCourt Penny Carter. The open housecould in some ways resemble awedding reception, she said. Cartersaid she has ordered gold and green

M&M Candies, each embossed with the words “Thanks”and “Jurors.” The M&Ms will be wrapped in bunches, tiedwith “juror appreciation” ribbons and set out next to acake that will be served, Carter said. Local officials,including the judge, district attorney, chief of police andcounty board chairman are expected to address visitors.Wisconsin Supreme Court Justice Shirley S. Abrahamsonalso will attend.

Both houses of the Legislature also drafted citations

in support of the occasion, and many county boards areexpected to pass supporting resolutions. The CourtInformation Office is working on articles and materialsfor the media, which will be posted on the court system’sWeb site.

The statewide juror appreciation program was initiatedby the Chief Judges Subcommittee on Juror Treatment andSelection and was spearheaded by District Five CourtAdministrator Gail Richardson.

Sample press releases, talking points and relatedmaterials have been made available to judges, clerks ofcircuit court and other court officials on CourtNet, the courtsystem’s Intranet. More than two dozen counties haveordered commemorative and display items, such as banners,posters, magnets and pins, Richardson said.

The right to a jury trial is a fundamental component ofthe American and Wisconsin justice systems, and thewillingness of Wisconsin residents to serve as jurors iscritical to preserving this right, Abrahamson wroteintroducing the project.

“A number of courts and states have established jurorappreciation programs in the past few years. I am glad thatWisconsin now joins those ranks. I encourage you to meetand discuss the possibilities for your court…,”Abrahamson wrote.

Loa Porter and Therese Durkin of DCFS pose in front of theSpring Green scenery outside the District Five and Sevenjoint meeting.

Joint meeting continued from page 5

Justice David T. Prosserdiscusses functions of theSupreme Court with a group ofhigh school studentsparticipating in UW-Madison’sPEOPLE (Pre-CollegeEnrichment OpportunityProgram for LearningExcellence) program. The groupvisited the Capitol in July. ThePEOPLE program is intended tohelp students successfully makethe transition to college.

Chief Justice Shirley S.Abrahamson

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five years.Simons said one of the biggest changes she has seen in

the court system has been the computerization of theopinions. “When I first came to the court, we typed opinionson legal-sized paper on a typewriter,” she said. “Needless tosay, opinions were changed less frequently than they aretoday.” In 2007, she was nominated as a legal community“Unsung Hero” in the Wisconsin Law Journal.

In retirement, Simons plans on traveling andworking for one of the presidential campaigns. She saidshe is looking forward to leisurely mornings and afternoonmatinees.

Succeeding Simons in Crooks’ chambers is RitaLord, who previously worked as Justice Louis B. Butler’sjudicial assistant. Marjorie Kittleson has joined theWisconsin Supreme Court staff as Justice Michael J.Gableman’s judicial assistant. Kittleson has previouslyworked as a legal assistant at a private practice firm and hadalso served as a judicial assistant to a federal circuit court ofappeals judge.

District Eight court managementassistant retires

After 27 years on the job, Court ManagementAssistant Carol J. Wolslegel retired from her post in theCourt Administrator’s Office in District Eight(headquartered in Green Bay) on Sept. 1.

Wolslegel began her career with the court system onJune 16, 1981, when the only piece of equipment in thedistrict office was an IBM typewriter. The next threedecades saw massive changes, not only in office technologybut also in personnel. During her career, Wolslegel worked

for District Court Administrators Bill Sucha, Jane Schetter,Kathleen Murphy, and Keith Pereira. She also worked witha number of chief judges, including Clarence Nier, WilliamDuffy, Harold Froehlich, Philip Kirk, Joseph Troy, and SueBischel.

Wolslegel said she was privileged to work “with thenicest group of people anyone could hope to be blessedwith” and attributed her job satisfaction and success to thecooperative spirit of the Eighth Judicial District judges,court reporters, judicial assistants, clerks, and registers.

In retirement, Wolslegel plans to garden, travel, andspend time with her two grandchildren. “It’s like being onvacation all the time,” she said. “Who wouldn’t enjoy that?”

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used to develop the Critical Issues report; conducted areview of other state court plans; surveyed PPAC members,PPAC Planning members, and district court administratorsabout their readiness to engage in long-range planning; andreviewed “Framework for Action.” The subcommittee’srecommendation was presented and approved by PPAC at itsAugust Meeting. The report will now be distributed to theSupreme Court for consideration.

VideoconferencingFollowing the completion of Bridging the Distance

2005, the Videoconferencing Subcommittee shifted its focusto research and the development of a legislative/rulemakingeffort. PPAC commissioned the subcommittee to moveforward and the subcommittee filed a formal petition to theSupreme Court to create a rule governing the use ofvideoconferencing in the courts. The Supreme Courtapproved the petition and the rule, Use ofVideoconferencing in the Circuit Courts, became effectiveJuly 1, 2008. The full rule petition can be viewed by goingto the following link:http://wicourts.gov/supreme/sc_hearing_rules.jsp

Please contact Judge W.M. “Mike” McMonigal orJudge Edward E. Leineweber for further information.

Court securityThe Court Security Subcommittee has met a number

of times. Their current undertaking is the “state of security”survey. This is a lengthy and comprehensive survey createdto gather a baseline of information on local facilities,protocols, security, remodeling and construction plans.Additionally the subcommittee is seeking to gain anunderstanding of security concerns and unmet needs at thelocal level. (See also A. John Voelker’s column this issue).Information collected from survey responses will beconsidered by the subcommittee as it suggests revisions orupdates to SCR 70.39 and the semi-annual security andfacility report process. A comprehensive report of surveyresults and analysis will be made available upon completion.

In addition, the subcommittee has received apresentation from the United States Marshal Service aboutfederal court security and judicial safety as well as touredthe Dane County Courthouse. The subcommittee willcontinue to research and make recommendations to PPACon these and other issues including courthouse securitytraining; development of a comprehensive security plan;incident reporting and tracking; and extending outreach onthis topic to educate those outside of the court system.

Direct questions about PPAC and its subcommittees toShelly Cyrulik in the Office of Court Operations at (608)266-8861 or [email protected]

District Eight Court Management Assistant Carl J. Wolslegelshows off her retirement plaque

RETIREMENTS continued from page 3

PPAC continued from page 10

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Chief JusticeShirley S. Abrahamson

Director of State CourtsA. John Voelker

Co-EditorsTom SheehanAmanda K. Todd

Associate EditorSara Foster

Contributing WritersMargaret BradyCarmel A. CapatiJane ColwinKerry ConnellyShelly CyrulikSara FosterAmber PetersonNancy M. RottierTom SheehanAmanda K. ToddJudge Paul Van GrunsvenA. John VoelkerAnn Zimmerman

Editorial CommitteeHon. Michael J. RosboroughVernon County Circuit CourtCarolyn OlsonIowa County Clerk of CircuitCourt

Graphic Design/LayoutSara Foster

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

Send questions, comments,and article ideas to: Tom SheehanCourt Information OfficerP.O. Box 1688Madison, WI 53701-1688phone(608) [email protected](608) 267-0980

Ajudge and a court administrator fromWisconsin were among the invited presenters

at a national conference on issues related to self-represented litigants in May. The American BarAssociation and the National Legal Aid andDefender Association sponsored the Equal JusticeConference in Minneapolis. More than 1,000attendees with backgrounds in pro bono services,legal assistance programs, law libraryadministration, court services, pro se programs,and education gathered to focus on improving thedelivery of legal services.

The first Wisconsin presenter was JudgeEdward F. Vlack III, St. Croix County CircuitCourt. Vlack discussedthe Wisconsin courtsystem’s Public LibraryInitiative, which is aneffort to fostercommunicationbetween the courts andpublic libraries toimprove librarians’ability to direct self-represented litigants toappropriate resources.

Following Vlackwas District CourtAdministrator ScottJohnson, District Ten.Johnson spoke about theNinth and TenthDistricts’ successfulefforts to fund pro se initiatives. Other Wisconsinparticipants included Annette Barna, pro secoordinator for District Nine; Tera Nehring,director of the Waukesha County Self-HelpCenter; and Jane Colwin, librarian, WisconsinState Law Library.

Colwin said the conference was wellattended, offered broad professionalperspectives, and featured extensive

programming on law library and public libraryinitiatives. She offered the following glimpse ofa few conference highlights:

The impact home mortgage foreclosuresare having on the courts and legal servicesorganizations. Courts and legal servicesproviders are trying to meet the challengeby recruiting more pro bono participation.The State Law Library can assist bydeveloping information for our Web sitefocusing on this topic and providing links tolocal organizations that may be able toassist our users. The many efforts to assist self-represented

litigants, and the lack of aone-size-fits-all approach.Any effort, no matter howsmall, will make a difference– so court officials shouldnot hesitate to try something.Partnership opportunitiesinclude: local bars, paralegaltraining programs, lawschools, public libraries,retired citizens’ groups, etc. Georgetown Law Professor

Peter Edelman’s openingspeech, which reflected hisstrongly held conviction thatcuring poverty is the onlyway to solve the myriadproblems facing the legalservices community.

Edelman is chair of the District of ColumbiaAccess to Justice Commission.

Using the information and ideas gleanedfrom the conference, the Wisconsin participantswill continue to adapt and further developeducational programs aimed at trainingWisconsin court officials to more effectivelyassist pro se litigants.

2008 Equal Justice Conferencefeatures Wisconsin speakers

Judge Edward F. Vlack III, Annette Barna,Tera Nehring, Jane Colwin, and ScottJohnson participated in the Equal JusticeConference sponsored by The American BarAssociation and the National Legal Aid andDefender Association.

A group of law students from Japan visited the Supreme Court Hearing Room with host SusanSteingass in July. The group, pictured here with Chief Justice Shirley S. Abrahamson and JusticeN. Patrick Crooks, are from a Cross Cultural Negotiation class offered by the UW Law School andthe Nagoya Graduate School of Law.

Summer2008

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