Winter2009

H I G H L I G H T S

4 Awards6 Obituaries8 Leadership9 Retirements

14 AIM Update15 Mental Health Initiative16 People21 Wisconsin Connects

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Governor appoints two new judges;five sitting judges face challengesGov. Jim Doyle has appointed new judges to fill seats in

Milwaukee and Waukesha counties, and primaryelections held Feb. 17 determined which judicial candidates’names will appear on the spring ballot.

In all, the April 7 election will feature 16 contested circuitcourt races and the statewide race for the Wisconsin SupremeCourt between Chief Justice Shirley S. Abrahamson andJudge Randy R. Koschnick, Jefferson County Circuit Court.

In Waukesha County, Doyle appointed Richard A.Congdon to fill the vacancy of Judge Mark S. Gempeler, whoretired in December (see The Third Branch, fall 2008).Congdon, who received his bachelor’s degree from UW-Madison and his law degree from Marquette Law School, has

been a senior partner at Congdon, Walden, Schuster &Vaklyes since 1981. Congdon and his wife, Linda, live inWaukesha with their four children. His term, which will endJuly 31, 2010, began on Feb. 9.

In Milwaukee County, Doyle appointed Stephanie G.Rothstein to fill the vacancy created by Judge John Franke’sresignation (see The Third Branch, fall 2008). Rothstein hasserved as an assistant district attorney in Milwaukee Countyfor 25 years. She received her bachelor’s degree fromLawrence University and her law degree from MarquetteLaw School. Rothstein, her husband, Gregory, and their threechildren live in Whitefish Bay. Her term will begin in March

Members of twolegislative committeesmet with members ofthe Supreme Court atthe Capitol on Feb.10 to discuss issuesrelated to the courtsand justice system.From left to right(facing camera): Rep.Chuck Benedict (D-Beloit); JusticeAnnette KingslandZiegler; Sen. JimSullivan, (D-Wauwatosa); Rep.Joe Parisi, (D-Madison); and ChiefJustice Shirley S.Abrahamson. Seestory, page 3.

Wisconsin courts examine models for veteransBy Amanda Todd, Court Information Officer

In his 17 years as a state public defender, Elliott M. Levine– now a La Crosse County Circuit Court judge – developed

a knack for spotting cases that were going to take unusualtime and effort.

“Anything involving a veteran, you just knew it was goingto take months and months to sort out the benefits issues,”Levine said.

As military missions overseas continue, Levine is amongWisconsin judges and court staff preparing for a possibleinflux of veterans who may become involved in the courtsystem. Cases involving veterans can be complicated by anumber of issues often unique to veterans, said Levine andother court officials.

The Wisconsin Law Journal reported earlier this month thatapproximately 15,000 Wisconsin veterans of OperationsEnduring Freedom and Iraqi Freedom have been discharged

from October 2001 throughNovember 2008.

Too many of those veterans areending up in the criminal justicesystem, according to Krista L.Ginger, executive assistant andlegislative liaison for the StatePublic Defender’s Office (SPD),who was quoted in the article. TheSPD is planning a comprehensivetraining program this spring tohelp attorneys, judges and lawenforcement and correctionsofficials respond to veterans’needs.

see Veterans on page 17

see Primary on page 23

Judge Elliott M. Levine

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During the Judicial Conference in Madison, Chief JusticeShirley S. Abrahamson announced that the Council of

State Governments’ Justice Center had selected Wisconsinto participate in its Justice Reinvestment Initiative.

Now that the project is justunderway, I wanted to give youan update on the initiative and tooutline some of the stepsinvolved in this inter-brancheffort to assess and analyze theeffectiveness of the correctionsand criminal justice systems inWisconsin.

According to the Justice Center,“Justice Reinvestment” is a data-driven strategy for policy makersto reduce spending on corrections,increase public safety, and

improve conditions in the neighborhoods to which mostpeople released from prison return. Eight other states haveparticipated in the Justice Reinvestment Initiative, includingArizona, Kansas, Michigan, Nevada, Pennsylvania, RhodeIsland, Texas and Vermont.

Representatives from the Justice Center met last monthwith members of the Wisconsin Legislative Council’sSpecial Committee on Justice Reinvestment InitiativeOversight, headed by Sen. Lena Taylor, D-Milwaukee. Thespecial committee is receiving Justice Center reports, whichanalyze key drivers of the prison population and risingcorrectional costs.

According to a Department of Corrections study releasedlast month, the state will need to spend an estimated $1.2billion on construction during the next 10 years toaccommodate a growing state prison population. The JusticeCenter has reviewed the Department of Corrections’ studyand will now do an independent analysis to develop its owngrowth projection of the state’s prison population.

The center has identified the following next steps:Analyze why violent crime might be rising and arrests

are declining.

Review the probation and extended supervision system todetermine why revocations to prison without a new sentencehave increased 40 percent since 2000.

Bring in experts in substance abuse and mental healthto review the capacity and quality of programs for peopleon supervision.

Review the capacity and quality of current reentry andemployment strategies for people on supervision.

By the end of the project, the Justice Center is expected to:(1) map specific neighborhoods where large numbers ofoffenders are released from prison to identify how toimprove coordination of services, correctional supervision,and law enforcement; (2) analyze the prison population todetermine what is driving its growth and to identify whichcategories of offenders are at high risk of re-offending; (3)develop policy options, based upon the data collected, toincrease public safety and decrease corrections spending; and(4) project the fiscal impact of any policy options identified.

The Center also is taking into consideration the state’sdifficult budget situation as part of its study. No doubtsolutions won’t be easy to find, especially in the currenteconomic situation.

One part of the project’s strategy is to identify savingswithin the system that can be “reinvested” into moreeffective approaches.

Spending on corrections has risen faster over 20 yearsthan spending on nearly any other state budget item –increasing from $10 billion to $45 billion a year in statesnationwide, according to the Center.

Unless policymakers act, state spending on correctionswill grow by at least $20 billion over the next five years, thecenter estimates.

As a member of the committee, I have an opportunity toprovide policy input and to communicate how courtinitiatives can be part of the overall strategy.

The committee is meeting monthly through April with theobjective of having some ideas that can be incorporated intothe upcoming budget. I will keep you posted on both thisinitial activity and continual project activity.

Director’s column:Inter-branch Justice Reinvestment project underway

A. John Voelker

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Governor introduces budget proposalBy A. John Voelker, Director of State Courts

On Feb. 17, Gov. Jim Doyle introduced his 2009-11state-budget proposal, including a number of items

expected to affect the state court system.As my staff and I sort out some of the details, I wanted to

give you a quick rundown on the proposal and how some ofour requests were handled.

Of course, this is just the beginning of the state-budgetprocess, so many things could change in the coming weeksand months. We will plan to keep you posted with bulletinsas necessary.

Overall, the governor proposed an across-the-board, one-percent cut to state agencies, including the state courtsystem. This also affects the appropriations that providepayment to the counties in the areas of interpreter fees, thecircuit court support program and guardian ad litem costs.

He also noted in his budget address that state employeescan expect to contribute more toward their healthinsurance premiums.

The governor included several of our requests and denieda few others.

He included in his proposal our request for additionalfunding for the current state program that reimbursescounties for interpreter services. The increase is needed dueto increased demand and higher reimbursement rates forcertified interpreters. The governor also included our requestfor a court interpreter pilot program in western Wisconsin’sSeventh Judicial Administrative District. Under the program,district administrative staff would schedule and pay court

see Budget on page 13

As the 2009-11 legislative session gets underway,members of the Wisconsin Supreme Court are taking

advantage of the opportunity to meet personally with newlegislators and legislators who serve on committees thathandle issues related to the courts.

On. Jan. 5, several of the justices attended swearing-inceremonies of new members in the Assembly and Senate.Chief Justice Shirley S. Abrahamson administered the oathof office to members of the Assembly.

On Jan. 13, Abrahamson outlined the role of the courtsystem during the Wisconsin Legislative Council’s three-dayorientation program for new legislators.

During the session, legislators toured the Supreme CourtHearing Room and had an opportunity to meet with justicesin the conference room. It was a great opportunity forinformal discussions and personal greetings.

On Feb. 10, the Court met with legislativecommittee members to discuss issues facingthe court system and the Legislature. In thepast, these meetings have generatedproductive discussions about topics of interestto both branches and have helped lay thegroundwork for joint educational programs. Asimilar meeting was held on Feb. 25.

Most legislation that impacts the courtsystem will be referred in the Senate to theCommittee on Judiciary, Corrections,Insurance, Campaign Finance Reform andHousing, chaired again this session by Sen.Lena Taylor (D-Milwaukee). Returning to thecommittee are Sen. Jim Sullivan, (D-Wauwatosa), vice-chair; and Sen. GlennGrothman (R-West Bend). New members thissession are Sen. Jon Erpenbach (D-Middleton)and Sen. Randy Hopper (R-Fond du Lac).

In the Assembly, there are severalcommittees with jurisdiction over court-related issues. The Committee on Judiciary

and Ethics is chaired by Rep. Gary Hebl (D-Sun Prairie),and also includes Rep. Pedro Colón (D-Milwaukee), Rep.Fred Kessler (D-Milwaukee), Rep. David Cullen (D-Milwaukee), Rep. Jon Richards (D-Milwaukee), and Rep.Robert Turner (D-Racine). The Republican members areRep. Mark Gundrum (R-New Berlin), Rep. SamanthaKerkman (R-Genoa City), Rep. Bill Kramer (R-Waukesha),and Rep. Rich Zipperer (R-Pewaukee).

The Committee on Corrections and the Courts is chairedby Rep. Joe Parisi (D-Madison).The other Democrats includeRep. Chuck Benedict (D-Beloit), Rep. Donna Seidel (D-Wausau), Kessler, Rep. SondyPope-Roberts (D-Middleton),and Rep. Ted Zigmunt (D-Francis Creek). They are joinedby Republicans Karl Van Roy,(R-Green Bay), Gundrum, SteveKestell (R-Elkhart Lake), DanLeMahieu (R-Cascade), and EdBrooks (R-Reedsburg).

Legislation affecting criminallaw will be referred to theCommittee on Criminal Justice,chaired by Turner. OtherDemocrat members includeKessler, Tony Staskunas (D-West Allis), Ann Hraychuck (D-Balsam Lake), Jim Soletski (D-Green Bay), and Sandy Pasch

(D-Whitefish Bay). Republican members include Rep. JoelKleefisch (R-Oconomowoc), Rep. Don Friske (R-Merril),Kramer, Brooks, and Keith Ripp (R-Lodi).

In addition to these three committees, the Assembly alsohas a Committee on Children and Families, chaired by Rep.Tamara Grigsby (D-Milwaukee), which is likely to oversee

Supreme Court greets new legislators,meets with committee membersBy Nancy Rottier, Legislative Liaison

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Supreme Court Chief Justice Shirley S. Abrahamson discusses the state court system withnew legislators gathered in the Supreme Court hearing room. Also pictured, standing, areDirector of State Courts A. John Voelker and Legislative Liaison Nancy Rottier.

Rep. Keith Ripp, (R-Lodi), left visits with Sen. Randy Hopper, (R-Fond du Lac).Also pictured are justices Annette Kingsland Ziegler and Michael J. Gableman,exchanging greetings with Rep. Ted Zigmunt, (D-Francis Creek) and Rep. KeldaHelen Roys, (D-Madison) in the Supreme Court Conference Room.

see Legislators on page 18

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DiMotto honored as a mentorOn Oct. 17, 2008, Milwaukee

County Circuit Court Judge JohnJ. DiMotto became the firstrecipient of the Mentorship Awardof the Wisconsin AfricanAmerican Women Center(WAAWC). WAAWC provides anopportunity for women to becomemore self-sufficient throughcomputer literacy, foreignlanguage and small businessdevelopment training. DiMottowas chosen to receive the awardbecause of his commitment tojustice, as well as to thecommunity. The annual luncheon, at which the award waspresented, was attended by Supreme Court Justice Annette K.Ziegler, U.S. Rep. Gwen Moore, a representative from Gov.Jim Doyle’s office, several Milwaukee County Circuit Courtjudges, Court of Appeals judges from the First and SecondDistricts, and local attorneys.

Perrigo wins USPS awardBeth Bishop Perrigo, deputy district court administrator

for the First Judicial District, has been selected as the 2009recipient of the United States Postal Service’s ‘Women

Putting Their Stamp on MetroMilwaukee’ Award in the categoryof Government Service/Law. TheUSPS Lakeland District presentsthese awards to “honor womenwho contribute to the greatergood of our communities.” Aluncheon and awards programhonoring Perrigo and awardrecipients in other categories, andin commemoration of Women’sHistory Month, will be held onMarch 20 at 11:30 a.m. at theItalian Conference Center inMilwaukee. Former justice Janine

P. Geske, who is now a distinguished professor of law atMarquette Law School, is the keynote speaker. Tickets are$35 each and registrations are accepted through March 13.For additional information contact Karen Engelking at (414)287-1828 or karen.j.engelking@usps.gov

Stamper, Whitehonored with ‘Bridgeof Hope’ Award

On Dec. 9, 2008, Reserve JudgeRussell W. Stamper Jr. and DeputyChief Judge Maxine AldridgeWhite received the ‘Bridge ofHope’ Award from the SocialDevelopment Commission (SDC)in Milwaukee. The Bridge ofHope is a collaboration of groupsformed in 2007 by the SDC andincludes businesses andindividuals who have beenworking to do something about

the poverty faced by one quarterof the residents of the city ofMilwaukee. The awards weregiven to Stamper and White fortheir work against poverty in theMilwaukee community. Amongtheir many volunteer activities,Stamper is chair of theCommunity BrainstormingConference, a monthly forumwhich brings togethercommunity leaders and citizensfor the purpose of“brainstorming about an array ofproblems, issues, and concerns”regarding the interest and needs of the community. Whiteis the president of the advisory board for the House ofPeace, a ministry “which serves the community byassisting families and individuals in meeting their spiritual,material, and emotional needs, thereby helping familiesremain together and promoting self-sufficiency.”

Gage honored in Outagamie CountyOutagamie County Circuit Court Judge Michael W. Gage

received an award on Nov. 23, 2008 from Empowerment,Solidarity, Truth, Hope, Equality and Reform (ESTHER).Gage received the award on behalf of the Outagamie County

Coordinated Council Committee,which is comprised of countyboard members, law enforcementofficials, judges and victimadvocates who are working toinitiate a treatment court in thecounty. ESTHER is a Fox Valleybased interfaith organization thatpromotes justice for all membersof the community. The OutagamieCounty treatment court isscheduled to start on Feb. 26.

AWARDS

Voelker appointed to COSCA board

Director of State Courts A. John Voelker has beenselected to serve on the board of directors of theConference of State Court Administrators (COSCA). Themission of COSCA is to provide a national forum toassist state court administrators in the development of amore just, effective and efficient system of justice.Voelker serves as vice chair of the organization’s securityand emergency preparedness committee, co-vice chair ofthe government affairs committee and is a member of thepolicy and liaison committee. His term began in August2008 and runs to August 2011. Voelker has served asdirector of state courts since June 2003. He joined thestate court system in 1992, serving previously as a policyanalyst and as executive assistant to Wisconsin SupremeCourt Chief Justice Shirley S. Abrahamson.

Beth Bishop Perrigo

Judge Russell W.Stamper

Judge John J. Dimotto

see Awards on page 18

Judge Maxine A. White

Judge Michael W. Gage

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Ramirez family featured on ‘NBC Nightly News’Waukesha County Circuit Court Judge Ralph Ramirez

and his family were featured on a national broadcastof “NBC Nightly News” March 2.

The Ramirez family was featured during the first in afive-part series entitled “Wethe People,” which featuredstories about Latinos in theUnited States.

The Ramirez family shows“some of the faces” behind thegrowing U.S. Hispanicpopulation in communities suchas Waukesha and Charleston,SC, said Maria Alcon, aproducer for NBC News.

The series looked ateverything from the fact thatLatinos are the ones drivingpopulation growth, to treatingdiabetes in the LatinoCommunity,” Alcon wrote in ane-mail to The Third Branchbefore the series aired.

Correspondent Lee Cowaninterviewed Ramirez at home inWaukesha on Feb. 1. The

interview included questions about barriers andopportunities for Hispanic people in general, and theRamirez family, in particular.

Judge Ralph Ramirez, right, was interviewed by NBC News correspondent Lee Cowan

Judicial assistant will test her trivia knowledgeBy Ingrid Nelson, Judicial Assistant to Chief Justice Shirley S. Abrahamson

Iwas watching the game show “Jeopardy” one evening inJanuary 2008 and saw an announcement that there would

be an online qualifying test given in about a week. I’d alwaysthought it would be fun to try to get on the show and put allthe random facts in my head to good use, so I took theonline test. It was really hard, so I didn’t hold out muchhope for getting invited to an in-person audition, which wasthe next step.

A couple of months later, I got an e-mail inviting me toChicago in early Junefor an audition, whichinvolved anotherwritten test, a practicegame against twoother people, and apersonality interview.At the end of the day,we were informed thatwe wouldn’t be toldwho had made it intothe contestant pool andwho hadn’t; the onlyway I’d know I’dmade it would be if Igot an invitation to theshow within the next18 months.

On Thursday, Feb. 12, my husband David and I were justgetting home from work when the phone rang. The callerID said “Sony Pictures,” so I figured it was just some kindof marketing thing and wasn’t even going to answer it. But

David picked it up,heard who it was,and franticallyshoved the phone atme, whispering,“It’s Jeopardy!” Iwas invited to cometo Los Angeles forthe taping on March17-18, 2009. Theytape five shows aday, and if I’m thereturning champion at the end of the day on March 18th,they’ll fly me back to Los Angeles the following Tuesday totape more shows. The show(s) that I’m scheduled to be onare set to air starting the week of June 15-19.

I’m trying to do some preparation, but it’s more alongthe lines of brushing up on things than trying to learn lots ofnew information. I’ve decided there’s no point in trying tocram a bunch of information into my head for fear I won’tbe able to recall it quickly during the game.

I’ve also gone online to read about other peoples’experiences on the show so I have a better idea of what toexpect. I love playing trivia games, so I think it’s going tobe a great time no matter how well I do.

Nelson, an attorney, has been judicial assistant to ChiefJustice Abrahamson since September 2002. She previouslyworked as a legal editor at the State Bar of Wisconsin and inprivate practice in Jefferson.

Jeopardy contestant and judicialassistant Ingrid Nelson

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OBITUARIESJudge Robert C. JenkinsPortage County and Circuit Court

Judge Robert C. Jenkins, whoserved on the Portage County andPortage County Circuit Court,passed away on Jan. 9 at the ageof 85.

Former Gov. Warren P.Knowles appointed Jenkins to thecounty bench in 1969, and heserved until his retirement in1988. He then served as a reservejudge until 2000. He hadpreviously served as chair of thePortage County RepublicanParty, president of the Portage

County Bar Association, and as Portage County districtattorney.

Jenkins attended UW-Madison. Prior to receiving hisbachelor’s degree in accounting, he left school to serve inthe U.S. Army during World War II as an aviationphotographer in Germany. In 1948, he received his lawdegree from UW Law School.

According to an obituary in The Portage County Gazette,Jenkins was an active member of his community, and was amember of the Kiwanis Club, Izaak Walton League, PortageCounty Taxpayers Association, Jaycees and Serra Club, aswell as a Boy Scout leader. He has been honored for hisdedication to the community in 1959 as a Jaycee’sDistinguished Citizen, and in 1992 by the Annual Lectureson Poland Heritage Club.

Jenkins is survived by his wife, Betty; two daughters; twosons; and two grandchildren.

Judge Steven Luse AbbottMonroe County Circuit Court

Former Monroe County Circuit Court Judge Steven LuseAbbott passed away at his home on Jan. 17. He was 69.

Abbott was elected to the bench in 1995 and reelected in2001. He retired in 2007 due to health issues, but continuedto serve as a reserve judge.

Prior to his election, Abbottworked in private practice, as aMonroe County courtcommissioner, as city attorney forSparta, and as a village attorneyfor the Village of Cashton. In1961, he completed hisundergraduate degree at UW-Madison, where he was a memberof the marching band. He receivedhis law degree from HastingsCollege of Law, University ofCalifornia in San Francisco, in1964. He served in both theQueens Royal Hussars of the U.S.

Army Reserves and in the Wisconsin National Guard. Abbott was known for his sense of humor in the

courtroom. He found humor on both sides of the bench.According to an obituary in the La Crosse Tribune, “Steventenaciously fought political correctness and its oppression offreedom of speech and thought. Not surprised by hisdemise, he realized that life is a blessing, but we all have togo sometime.”

Abbott is survived by his wife, Jean; his son, Barry; hisgrandson, Steven; his half-brother, Theodore; and hissister, Barbara.

Judge Robert C. Jenkins

Judge Steven Luse Abbott

Brown County has received $175,000 in county funds toimplement a county drug court. Planning began after the

October 2007 Judicial Conference in Green Bay, whichfeatured several speakers on specialty courts.

Brown County Executive Tom Hinz listened in on severalof these discussions, and then metwith Brown County Circuit CourtJudge Donald R. Zuidmulder todiscuss the idea of starting a drugcourt in Brown County. Zuidmuldersaid he had wanted to start a drugcourt in the county for several years.The two met with Winnebago CountyCircuit Court Judge Scott C. Woldt,who works with the WinnebagoCounty Safe Streets Drug Courtprogram. They also met with JusticeOrganization Sharing Hope andUnited for Action (JOSHUA), aninterfaith organization located inGreen Bay that has been involved in

alternatives to incarceration programs.Community forums were held, and Hinz and Zuidmulder

met with various community organizations to gain supportfor their idea. The Brown County Board supported the idea,

and funds were made available.Zuidmulder and Brown County Circuit Court Judge Marc

A. Hammer will dedicate time to the drug court. Volunteershave been selected from various departments, including thedistrict attorney’s and public defender’s offices, and lawenforcement. A full-time drug court coordinator will be hired.

Zuidmulder said they are hoping the drug court will openby late spring or early summer.

Brown County will join a growing number of jurisdictionswith specialty courts that focus on addressing recidivism byproviding intensive treatment to selected non-violent drugoffenders. At the 2008 Judicial Conference, Chief JusticeShirley S. Abrahamson explained the value of this approach:“These court problem-solving programs offer intensivesupervision to enable chronic offenders to kick their drugand alcohol habits and become contributing members ofsociety” Abrahamson said.

There are at least 21 drug court programs in countiesacross the state. As of the October 2008, there were 1,001graduates from these programs. This past October, theSupreme Court justices participated in a drug courtgraduation in Winnebago County while visiting the countyas part of the Justice on Wheels program.

Brown County to launch drug court

Judge Donald R.Zuidmulder

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In August 2007, the Kenosha County judges handlingsmall claims cases believed that mediation could resolve

many of the cases and keep them off judges’ trial calendars.The judges also believed that mediation would help resolvecases much faster than the usual 60- to 90-day time framefor a trial. In addition, they thought mediation wouldrelieve the problem of the cases getting bumped from trialcalendars because of ongoing civil and criminal trials,which take precedence.

While not the only program of its kind in Wisconsin, theidea for a solution inKenosha County camefrom Judge Barbara A.Kluka, KenoshaCounty Circuit Court,and Eva Soeka, anassociate professor atMarquette Law Schoolwho runs theMarquette UniversityCenter for DisputeResolution Education.

Kluka and Soekahad known each otherfor years and wereable to build off thatrelationship inestablishing the Small-Claims MediationProgram, whichconcluded its first fullyear of operationsduring 2008.

“There are some students an ‘old’ teacher never forgets.Eva Soeka is one of those people from my high schoolteaching career,” said Kluka. “By the time I started lawschool at Marquette, Eva was a senior law student. Wetraded roles and she became my mentor that first year.”

In late August 2007, a meeting was held in Kenosha todiscuss the development of the mediation program.Attendees included Kluka, along with Chief Judge Mary K.Wagner, Judges David M. Bastianelli and Bruce E.Schroeder, Court Commissioner John Plous and Atty.Christine Harris Taylor, an adjunct professor at Marquettewho teaches mediation.

As a result of that initial meeting, Plous began schedulingcases for mediation. Initially, only pro se cases involvingdisputed claims for rent and damages after eviction wouldbe mediated. Taylor agreed to lead the mediation processand brought her students to do the mediation.

The project began in earnest in 2008 with a total of 170cases being mediated that year. Between January and June48 cases were mediated and in the second half of the yearthe number increased to 122. One-hundred-five of the casesset for mediation were settled. Twenty-three of the casesdefaulted because the defendant failed to appear for themediation. Only 42 cases had to be set for trial.

The end result? Seventy-five percent of the cases set formediation are resolved in some manner and never reach thetrial judge’s calendar. In addition to successful mediations,case volume is reduced as some defendants are not serious

about their dispute and therefore do not appear for theircourt dates. The cases are typically set for mediation withinone to three weeks of the initial small claims return date. Onsome return dates, it has been possible to schedule themediation the same day. Positive response from litigants hasbeen received. They appear to be very pleased that cases canbe resolved in one to three weeks instead of waiting 60 to 90days for a trial before a judge.

In May of 2008, as the volume of cases continued toincrease, Taylor suggested she train volunteer mediators

from the roster ofKenosha Countyattorneys. Plousreached out to localattorneys, solicitingresponses from thosewho would beinterested inparticipating in theproject. Ultimately,Taylor trained eightvolunteer mediatorsin a one-day trainingsession. Taylor isalso in contact withother trainedmediators in theKenosha/Milwaukeearea who mediate ona volunteer basis.

By the summer of2008, with thesuccess of the

project, those involved decided to expand to other areas ofdispute besides damage claims. Plous determines whichcases are appropriate for mediation. Cases requiring sworntestimony on disputed issues of fact and cases withquestions of law must be decided by a judge, and are notappropriate for mediation.

The entire project has been executed without incurring anycost to Kenosha County. This has been possible because ofthe contributions of Marquette University and the volunteermediators. Kenosha County has only needed to find spacefor the mediations to take place.

At the end of the year, Plous felt it would be appropriateto thank the mediators with a celebratory luncheon at theCourt House; however, there was no money available in anydepartment budget to pay for the lunch. Kenosha’s judgeswere so appreciative of those who helped make the project asuccess that they personally contributed the moneynecessary to hold the luncheon.

With a successful year and a half accomplished, all thoseinvolved in the mediation project look forward tocontinuing to expand the program in 2009. Another trainingsession is planned for the spring to bring in more volunteermediators to help meet the increasing demand.

People interested in becoming volunteer mediators can callPlous at (262) 653-2404 for information on the programand the next training session.

Kenosha County Mediation Programcelebrates first full year of operation

Kenosha County Circuit Court Commissioner John Plous, left, greetsMarquette University graduate student Marcia Lee in this photo, which waspublished in the Kenosha News last month. Lee is a volunteer withMarquette’s small claims mediation program.

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The proverb “rules were made to be broken” is not justabout outlaws and iconoclasts. The proverb also holds

true for rule-makers, who sometimes have to break downrules in order to rebuild and improve them.

In counties across the state, courts have adopted local rulesthat govern everything from motion practice to courtroomdecorum. Most counties have only a few rules, and some(six) have none at all. Our experience in Milwaukee – threeyears and running – offers some possible lessons to otherswhose rules have been on the books for a while.

In 2006, Chief Judge Kitty K. Brennan commissioned areview of the Milwaukee County Circuit Court’s local ruleswith just such an overhaul in mind. The first fruits of thatoverhaul were harvested on March 1, 2009 when a substantialportion of the new rules took effect. Civil and CriminalDivision rules take effect first. Rules for the Family Divisionand the Children’s Division are still in the works.

The overhaul is the work of dozens of judges, courtcommissioners, court clerks and administrators. The ruleproposals were shared with several bar associationcommittees and were posted on the Internet along with arequest for comments and suggestions. Many practicalsuggestions were incorporated into the final draft of therules. Hundreds of hours have been invested in the project.

A more detailed look at the new rules can be had at thechief judge’s page on the Milwaukee County web site,www.county.milwaukee.gov/ChiefJudgeCircuitCou10519.htm.

Six lessons learnedLooked at your rules lately? It’s a chore to keep rules up

to date, to make sure that they accurately portray the actualpractices the court follows. In Milwaukee, before then-Chief Judge Brennan undertook this project, the local ruleshad not received a major overhaul in more than a decade. Itshowed. The rules still referred to “blue backers.” Theypurported to provide the chief judge with a deputy sheriffassigned to her personally. The rules made us lookoblivious to the existence of the Internet.

Lesson One: Live largeWe started from scratch with every rule. We didn’t begin

the project with that ambition, but we found the rules sointerconnected that tinkering with some necessitatedtinkering with many others. To avoid what was beginningto look like a patchwork job, we opted for an overhaul.

Lesson Two: Be prepared for case management revolution

Once we disassembled the rules and started to put themback together, we discovered procedures that weren’tfollowed, some that weren’t necessary and some that werecounterproductive. Many of the procedures we dispensedwith were slowing down the process of resolving disputes.

In the Family Division, the rules revision process causedus to fundamentally rethink how cases are managed.Currently all divorce litigants are given about four monthsto work things out. If they can’t, they are instructed thatthey must be ready to try their cases. But in too many cases

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LEADERSHIP

Rules were made to be broken:Lessons from a local rule overhaulBy Judge Richard J. Sankovitz, Milwaukee County Circuit Court

see Leadership on page 20

Applicants seeks federal judgeshipAformer Wisconsin Supreme Court justice, a Court of

Appeals’ judge and two circuit court judges are amongapplicants for the federal judgeship vacancy being createdby the retirement of U. S. District Judge John Shabaz in theWestern District of Wisconsin.

The Federal Nominating Commission of the State Bar ofWisconsin announced March 3 that 13 people have appliedfor Shabaz’s seat. In addition, the Commission announcedthat 10 people, including one circuit court judge, applied forthe U.S. attorney vacancy in the Eastern District ofWisconsin.

The 11-member commission, which has been makingrecommendations since 1979, will screen applicants andinterview potential candidates before submitting its finalrecommendations to the state’s two U.S. senators, HerbKohl and Russ Feingold.

Applicants for the Western District judgeship includeformer Wisconsin Supreme Court Justice Louis B. Butler Jr.,District IV Court of Appeals’ Judge Paul B. Higginbotham,and circuit court Judges Ramona A. Gonzalez, La CrosseCounty and Lisa K. Stark, Eau Claire County.

see Vacancy on page 18

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On Oct. 22-23, 2008, the 2ndannual gathering of

peacemakers was held at theOneida Radisson Hotel near GreenBay. This gathering wasdedicated to the demonstration ofpeacemaking strategies that willstrengthen tribal justice. It was aninformation-sharing forum forPeacemakers, those who areinterested in learning aboutpeacemaking, and those who wantto be Peacemakers. The gatheringwas held in conjunction with the39th annual national meeting andjudicial conference of the NationalAmerican Indian Court JudgesAssociation (NAICJA).

Wisconsin Supreme Court JusticeN. Patrick Crooks addressed theNAICJA conference and Forest County Potawatomi ChiefJudge Eugene White-Fish, president of NAICJA, welcomedthe Peacemakers. The two conferences were dovetailed toallow more tribal court judges to learn about the growingtrend of Peacemaking in Indian Country. The Peacemakinggathering boasted 235 registrants, including 50 tribal courtjudges who stayed on following the NAICJA conference.

The gathering was organized by the Tribal JudicialInstitute at the University of North Dakota School of Law,with assistance from Fox Valley Technical College’sCriminal Justice Center for Innovation. It was supported by

a grant from the Bureau of JusticeAssistance, Office of JusticePrograms of the U.S. Departmentof Justice. The Oneida Nationhosted the event.

What is tribal peacemaking?Peacemaking comes in many

forms and it goes by many names.According to some tribal justiceexperts it is not so much“alternative dispute resolution” as itis “traditional dispute resolution.”“Peacemaking” describes the waysused by indigenous peoplethroughout history to resolveconflicts. It focuses on healing, onmaking things whole, on restoringbalance.

In the western way of justice, theadversarial way, the system works with laws, with legaldoctrines and theories to determine an outcome that onlyone side will feel is just. This system emphasizes winning.Winning creates a loser and de-emphasizes harmony,creating more distance between good and healthyrelationships. Punishment, penalty, and judgments force usto miss opportunities to educate, grow, learn and heal.

Peacemaking may not replace the adversarial justicesystems of the modern world, but there is a growing trend in

‘Peacemaking’ to strengthen tribal justiceBy James Botsford, Director, Indian Law Office Wisconsin Judicare, Inc.

James Botsford, director, Indian Law OfficeWisconsin Judicare, spoke about “peacemaking”as a traditional way to resolve conflicts during aconference held Oct. 22-23 in Green Bay.

see Peacemaking on page 20

RETIREMENTSEau Claire County court reporter retires

Jan Betthauser, circuit court reporter for Eau ClaireCounty, Branch 2, has retired after 22 years with the court.Betthauser began working as a floating court reporter in1987. She worked with Chief Judge William D. O’Brien,Judge Eric J. Wahl and Judge Michael A. Schumacher.

Betthauser said, despite all of the cases she has heard,including two murder trials, it has been her years workingwith the judges that will be most memorable part of hercareer. She has a special fondness for her time workingwith Wahl, who passed away in April 2007. She said itwas a pleasure to come to work every day while workingwith Wahl.

When most people hear that she is a court reporter, theycomment on how interesting a job it must be, Betthausersaid. But after 22 years, she said she has seen it all, andwhat she will miss most are the people she has had theopportunity to work with.

Betthauser has not made any specific plans for herretirement. She said she will work on catching up on thingsaround the house while she awaits her husband’s retirement.

Jefferson County judge to retire in August

After 18 years on the bench, Judge John M. Ullsvik hasannounced he will not run for reelection in the spring.Ullsvik, who was first elected to the bench in 1991, will

have served three full terms when he retires. Ullsvik received his law degree from Drake University

after serving two years in theU.S. Army during the VietnamWar. Prior to his election to thebench, he worked as an attorneyin private practice, and served asdistrict attorney for JeffersonCounty.

“It’s been a very interesting job;I’ve enjoyed serving the law andthe public, as well as the dealingwith lawyers and juries,” Ullsviktold the Daily Jefferson CountyUnion. He told the paper that hismost memorable case was the trialof Diane Borchardt, a teacher whowas convicted of hiring studentsto murder her husband in 1994.

Ullsvik said he takes pride in the fulfillment of his dutiesas a circuit court judge. He said he tried to follow the lawwithout fear or favor. “It has been a privilege and I’veenjoyed the work immensely,” Ullsvik said.

While he has no definite plans for his retirement, he saidhe does have chores around the house that have beenwaiting. He and his wife, a retired nurse, also plan to travel.

Judge John M. Ullsvik

see Retirements on page 22

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The Indian Child Welfare Act (ICWA) was passed byCongress more than 30 years ago to address the

“wholesale separation of Indian children from their families.”However, implementation of ICWA on a statewide levelcontinues to be a challenge.

Findings from the Children’s Court Initiative (CCI) reviewsconducted in 42 counties from2005 to 2008 indicate that thereare significant issues regardingcompliance with ICWA incircuit court cases.

Among the issues: identifyingand documenting Indianchildren; providing the tribe andparents with required notice;following specified placementpreferences; making the activeefforts and serious emotional orphysical damage findings; andhaving qualified expert witness testimony.

The Director of State Courts Office, Children’s CourtImprovement Program has provided training and createdcircuit court forms to advance compliance with ICWA.

First, ICWA training for judges and circuit courtcommissioners was conducted for all ten judicial districts in2008. Additional presentations on ICWA were given at theThrough the Eyes of the Child guardian ad litem conferenceand Wisconsin Summit on Children and Families.

Second, 14 ICWA circuit court forms were created forchild in need of protection or services (CHIPS), juvenile inneed of protection or services (JIPS), termination ofparental rights (TPR), guardianship, and adoption caseswhen the child is subject to ICWA. Other circuit court

forms were modified to include applicable ICWArequirements. Future activities include adding ICWAprocedures to the Model Record Keeping ProceduresManual to assist juvenile clerks and producing an ICWAbenchguide for judges and court commissioners.

The mission of CCI is to assist the court system and thoseproviding services to it inachieving safety, permanency, dueprocess, and timeliness outcomesfor children and families in childwelfare proceedings. Each on-site review lasts approximately aweek, and includes review ofCHIPS and TPR court files,observing court hearings, andconducting several focus groups.

The 11 federally recognizedIndian tribes in Wisconsin and theDepartment of Children and

Families are working to codify the provisions of the federalIndian Child Welfare Act into Wisconsin statutes. SenateBill 572 was introduced late in the 2007-2008 LegislativeSession by Senator Robert Jauch (D-Poplar), but no votewas taken before the session concluded. The SenateCommittee on Children and Families and WorkforceDevelopment held a hearing on Nov. 13, 2008, to receivetestimony and comments from stakeholders. It isanticipated that the bill will be reintroduced withmodifications this legislative session.

Questions and requests for additional information may bedirected to Bridget Bauman at (608) 267-1958 orbridget.bauman@wicourts.gov.

Efforts to advance the Indian Child Welfare ActBy Bridget Bauman, Children’s Court Improvement Program

Two Court of Appeals judges and three circuit court judgestemporarily traded places in recent months as part of the

Wisconsin court system’s Judicial Exchange Program.Established by Wisconsin Supreme Court Chief Justice

Shirley S. Abrahamson in 1996, the program offers judges theopportunity to better understand each others’ roles.Court of Appeals judges learn more about thepractices, procedures and problems of the trialcourts, and trial judges learn more about creating arecord that will pass appellate review.

Court of Appeals judges participating includedCharles P. Dykman and Paul B. Higginbotham,both from District IV in Madison. Dykman tookthe bench in Grant and Dodge counties duringOctober and November respectively; Higginbothamtraveled to Rock County in December. Circuit courtjudges participating included George S. Curry,Grant County; Shelley Gaylord, Dane County; andJohn R. Storck, Dodge County.

During visits to Madison in October andNovember, Curry first observed the Court ofAppeals process, then discussed and helped decidecases with other members of a three-judge panel.Court of Appeals work is intense, and much

different from what is experienced by trial-court judges,Curry said.

Trial court judges are nearly always involved in fact-finding work, and often must rule quickly from the bench.

Judges ttrade rroles iin EExchange PProgram

Dodge County Circuit Court Judge John R. Storck, right, discussesappellate court procedure with District IV Court of Appeals Judges MargaretJ. Vergeront and Paul Lundsten. Storck, chief judge of the Sixth JudicialAdministrative District, temporarily sat on the District IV bench as part of theJudicial Exchange Program.

see Exchange on page 22

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Scenario 1: It seems like aroutine Monday morning. A

clerk of circuit court comes to workand sits down at her desk. She logsin to her computer and starts up theConsolidated Court AutomationPrograms (CCAP) applications -just like she has for the past 15years. Only this time, when shesearches for a set of cases, shereceives the following message “nocases found.” “Hmmm…,” shesays. “I wonder what’s up?” Afterdoing further searches, she findsthat no cases can be foundanywhere on her CCAP system.After calling CCAP, it is determinedthat someone had gained unauthorized access to theirnetwork and erased all of their historical case data. She isexasperated… “How could CCAP have let this happen?”

Scenario 2: It’s a cold Sunday morning, and a circuitcourt judge is sitting down to enjoy his hot coffee and readthe Sunday paper. At the top of the local section, he readsthe headline in large, bold print: “Confidential Circuit

Court Records Exposed on the Internet.” He later discoversa disgruntled ex-employee had made an electronic copy ofthese records and placed them on a public Web site. He isdumbfounded... “How could CCAP have let this happen?”

Fortunately, nothing like the above has happened in theWisconsin court system. CCAP security policies, desktop

CCAP implementing security improvementsBy Ken McKelvey, CCAP Deputy Chief Information Officer

CCAP SAG Members (from left to right) Mary Feldman, Jeff Standiford, John Hutchins,Ken McKelvey, Kevin Baeten, Kevin Grittner, Pete Klukowski, and Bill Severson. Notshown: Peter Brant.

see Security on page 13

The latest Consolidated Court Automation Programs(CCAP) software includes a new case file presentation

designed to help judges and court commissioners to find,read and sign documents electronically.

“Because of scanning and e-filing, there are now manymore documents available in the case management systemthan even a year ago,” said Jean Bousquet, CCAP chiefinformation officer. “We want to offer judicial officers a wayto look at the electronic file that is designed for theirspecific needs rather than the needs of the clerk’s office.”

The “Doc” tab in case management now has a new look. Itopens with a list of all documents on the left and a view ofthe highlighted PDF document on the right, allowing thedocuments to be read on the computer.

“The case file presentation is customizable, and as judicialofficers start to use it we will add more features for them,”said Bousquet. “Judges who have used the new presentationsay that it is intuitive and easy to use.”

Electronic signatures also availableThe new case file presentation also makes it

easier for judicial officers to electronically signorders and other court forms generated byclerks and judicial assistants. Documents canbe set up in a queue for review and signedindividually or in batches. After review, thejudicial officer types a password and PIN toelectronically sign the document, causing eachdocument to read “electronically signed byJudge X.”

Documents currently available for electronicsignature include small claims judgments,orders appointing counsel and GAL, arrest andbench warrants, writs of execution andeviction, and notices of entry of judgment.

“For the types of documents that are signedin large numbers, this feature can save time,”said Bousquet. To get started, judicial officersshould talk to the clerk or call their CCAPcounty contact.

To read more about electronic filing andelectronic signatures, seecourtnet.wicourts.gov/bulletins/docs/ab0811.pdf.

CCAP offers judges electronic file presentation

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Reflecting a national trend, the number ofmortgage foreclosure filings in Wisconsin

jumped 21 percent from 2007 to 2008, figurescompiled by the Director of State CourtsOffice show.

Foreclosure filings statewide, excludingPortage County, increased from 21,051 in 2007to 25,474 in 2008 – the second consecutive yearduring which foreclosure filings increased morethan 20 percent, said Director of State Courts A.John Voelker.

In an effort to prepare for the influx of casesand to protect the rights of both creditors andborrowers, court administrators began trackingthe number of foreclosures many months ago,said Supreme Court Chief Justice Shirley S. Abrahamson.

The court system has provided educational programs onmortgage laws and regulations for judges and court staff,and some judges have developed procedures to helpensure litigants are communicating in an effort to settletheir disputes.

Also, Abrahamson and Voelker said the court system iscommunicating with court systems across the country toexamine which programs may best help the parties resolvethe difficult issues fairly and facilitate settlement, if possible.

One program – an alternative dispute resolution programstarted in other states – is being piloted in Wisconsin byChief Judge William D. Dyke, Iowa County Circuit Court.Dyke promulgated a local rule that requires lenders who filea foreclosure action as of Jan. 1, 2009 to notify defendantsthat foreclosure mediation is an option under the state’salternative dispute resolution statute. Foreclosure filings inIowa County jumped from 58 in 2006 to 92 in 2007 to 105in 2008.

“We’re fostering a discussion between the parties, and that

discussion can take into consideration the lossof a job, for example,” Dyke said.

The mortgage crisis is affecting the system,but it doesn’t have to be devastating to thecourts or the parties involved, he added.

Judges, clerks of court and district courtadministrators report that in many foreclosureactions, the borrower is not represented in court.The increase in filings also will increasedemand on the court system’s resources for self-represented litigants.

The foreclosure crisis is just one of severalissues courts are coping with nationwide aseconomic struggles continue.

In a Dec. 8, 2008 article, The National LawJournal asked: “Is the Legal System Ready?” The article,written by Bernice Leber, notes home foreclosures andunemployment are near all-time highs. Financial hard timesare trickling from Wall Street to Main Street, and the courtswill play a significant role as reverberations from thefinancial crisis sweep across the nation, Leber wrote.Nationally, the number of homes lost in foreclosure was up51 percent from 2006 to 2007, and that rate was expected tobe even greater in 2008.

In Wisconsin, the largest percentage increase was inAdams County, where filings increased 80 percent, from123 to 222, followed by Vernon County, where filingsincreased 67 percent, from 45 to 75. The largest numericincrease occurred in Milwaukee County, where foreclosurefilings increased 14 percent, from 5,683 to 6,468. The nextlargest increase was in Dane County, where filingsincreased 46 percent, from 897 to 1,312, followed byRacine County, where filings increased by 295, from 806 to1,101, or by 37 percent.

Wisconsin court system responds tomortgage foreclosure increase

Judge William D. Dyke

The Judicial Assistance Committee, previously establishedby the Director of State Courts Office, has been

incorporated into the Wisconsin Lawyers’ AssistanceProgram (WisLAP) as a separate program and seeksvolunteer judges. Volunteers will be trained in the areas ofmental health, addictions, and protocols for providingassistance to judges and their families. The program strivesto offer judges and their families a confidential source ofassistance for a variety of troubles that may have an impacton their personal or professional lives.

Volunteer judges also can help develop programming tohelp prevent judicial impairment, educate the judiciarystatewide regarding available services, recruit and trainjudge volunteers, and provide assistance to judges basedupon a ‘judges helping judges’ model.

Sixteen judges already have accepted the invitation tovolunteer, and on Jan. 9, nine judges attended the firsttraining session. The next all-day training session will beheld on June 19 at the State Bar in Madison.

If you need help, orknow of someone whoneeds help – a lawyer, ajudge, a law student, ora member of theirfamily – call the 24-hour confidentialhelpline at (800) 543-2625; or contact StateBar WisLAPcoordinator LindaAlbert atlalbert@wisbar.org or(800) 944-9404, ext.6172. Albert is alicensed clinical socialworker and a certifiedsubstance abuse clinician, and is also the person to call formore information on volunteering.

State Bar offers judicial assistance,seeks volunteers

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standards, and network controls have so far been sufficientto protect against malevolent and/or unauthorized access tocritical court system data. But, as mutual fund managersare fond of saying, “past performance does not guaranteefuture results.”

The fact is, absent a dedicated attempt, we can never besure we are doing enough. The best CCAP can do is to makesure we don’t lose sight of our very important responsibilityto protect the integrity of the court system networks and data.

To that end, CCAP created an internal working groupcalled the Security Advisory Group (SAG). The CCAPSAG consisted of experts from a cross-section of internalCCAP disciplines. The group objective was to “identifypotential internal and external security exposures to courtsystem data, and make recommendations that will reduce oreliminate these exposures.”

The group met weekly during summer 2008, andultimately came up with a list of 55 recommendations.These prioritized recommendations were forwarded toCCAP Chief Information Officer Jean Bousquet, whoapproved the majority of them, clearing the way forimplementation over the next several months.

Work has already begun on the “top 20”recommendations. The majority of these recommendationswill have an impact only on CCAP staff, but some will benoticeable to CCAP users. They include the following:

Improving transaction tracking Some CCAP computers are placed in common areas, such

as a window or counter workstation, where multiple peopleuse the computer throughout the day. The computers are setup so that multiple people can quickly perform transactionswithout having to log in with their specific user account. Asa result, some transactions completed on these computerscannot be traced back to a specific user. CCAP will makemodifications to the applications to ensure all transactionscan be traced back to a specific user.

Authenticating new users Currently, CCAP cannot be 100 percent positive that the

person calling the CCAP Call Center is actually who they saythey are. In most cases, it doesn’t matter. However, whencalls are received requesting that CCAP set up a new user

account, a more robust verification procedure is warranted.CCAP will define and implement a procedure that providesthis additional verification for these types of calls.

Implementing OS patchesIn order to protect against computer viruses and close

potential OS-level security holes, it is very important tokeep up-to-date on Windows OS patch levels. CCAPwill implement procedures that ensure Windows patchesare applied at frequent intervals. This may impact usersby requiring them to reboot their computers after patchesare applied.

Implement hard drive encryption Documents and other data stored on laptops represent an

unsecured source of potentially sensitive or confidentialcourt information. Encrypting the hard drives on laptopswill render them useless to anyone but the authorized user.

Securing router connections Many CCAP networks are connected to the local county

network so clerks of circuit court, registers in probate andother county employees can access applications hosted bythe county. CCAP has no control over these countynetworks, and therefore these connections represent apotential risk to the CCAP network. CCAP will configureand install firewalls that provide protection to the courtsystem network. Applications that currently pass throughthese connections may have to be reconfigured to workcorrectly with these newly configured firewalls.

We can’t think that by implementing theserecommendations, we are 100 percent protected. But we dobelieve they represent a significant step in our ongoing,proactive efforts to secure our networks before a dedicatedattempt to gain access occurs. If you are affected by thesechanges as a CCAP user, we ask your patience andunderstanding. We hope you take comfort in knowingCCAP takes its network security responsibilities seriously. Itis our goal to never have to answer the question… “How didCCAP let this happen?”

Security from page 11

interpreters in Buffalo, Crawford, Grant, Iowa, Jackson, LaCrosse, Monroe, Pierce, Pepin, Trempealeau, Richland andVernon Counties. The program is proposed to begin Sept. 1,2009. Currently, this process is handled at the local level.

The governor also included in his proposal our request toconvert a project assistant litigator position to a permanentposition in the Office of Lawyer Regulation. The changewill help the office keep up with an increasing workload.

The governor also included our request to extend by twoyears a project auditor position in the Office of ManagementServices. The position helps ensure uniform reporting ofcircuit court costs related to court services.

The governor did not include in his proposal our requestfor a new financial assistance program for counties. The

program would provide additional state support at a timewhen counties are struggling to keep under levy limits andto hold down property taxes. Under the proposal, which alsowas in our 2007-09 budget request, the current circuit courtsupport and guardian ad litem payment programs would beeliminated and replaced. The new system would replacethose funds with a larger percentage of court support servicesurcharges, which now are deposited into the general fund.

The governor also declined to include in his proposalrequests by the State Law Library to increase funding toaddress cost increases for books and online services and aproposal to purchase West’s National Reporter System indigital format.

Budget continued from page 2

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With help from Justice, Equality, Human dignity andTolerance (JEHT) Foundation, the Wisconsin court systemhas developed a Web-based application to electronicallycollect information for the Assess, Inform and Measure(AIM) pilot project.

The application allows AIM pilot counties to enter referraland assessment information into this Web application. Thisinformation is then supplemented with public court recordscontained on Wisconsin Circuit Court Access (WCCA). Thisinformation will be used to generate the AIM judicial report,which provides the judge with more information on thedefendant. This Web application is also able to provideaggregate administrative reports to be used for outcomeanalysis at both the local and state level.

During the last two months, AIM coordinator DanielleLeMieux has begun training and implementation for theAIM Web-based software. Three counties have already beentrained in the software and have begun entering data: EauClaire, La Crosse and Marathon. The remaining countieswill be scheduled for training on an ongoing basis as theircase workflow and county process development is finalized.Training for the AIM Web-based software lastsapproximately a day, but will vary by county based on thenumber of individuals who need training. All softwaretraining is conducted onsite in the county by LeMieux andTrevor Kravick, business process analyst for ConsolidatedCourt Automation Programs (CCAP).

AIM overviewThe AIM process uses valid risk, needs and community

intervention assessments to provide the court withinformation on defendants that is valid, reliable andmeaningful to case disposition. The process includes the

development of a two-stage “feedback loop.” The firstcomponent, the process feedback loop, assesses the value ofinformation being provided to the court. The nextcomponent, the outcome feedback loop, provides aggregatedata back to the court and local criminal justice systemabout case outcomes, such as success/failure rates(recidivism) of the offenders targeted for this process andvalidation of the screening and assessment process.

Each of the six pilot counties has developed its own AIMprocess within the established base principles. The countieshave identified their target populations, selected validatedassessment tools, established information sharing protocolsand have begun providing the courts with AIM reports.Representatives from AIM pilot counties have been incontact with the Office of Court Operations and LeMieux toprovide feedback on development and implementation. Allinformation will be kept on file to assist future counties inthe development of the AIM process.

Recently, Dane and Bayfield counties have joined the AIMpilot project. These counties are working to adapt thestatewide principles and are selecting county-specific targetpopulations to assess. Interested and new pilot countieswork directly with LeMieux to develop a process that isfeasible and concise, and to address areas of concern withthe AIM principles and process.

AIM Site Visit ConferenceOn Nov. 20, 2008, the Director of State Courts Office

hosted the AIM Site Visit Conference, which provided AIMrepresentatives from around the state with an opportunity tolearn of similar initiatives across the country.Representatives from Missouri, Oregon and Virginia

Conference, software improve AIM projectBy Danielle LeMieux, Court Operations

see AIM on page 21

Last fall, the Wisconsin courts were poised to embarkupon an ambitious program to document and assess

myriad projects underway across the state to enhance publicsafety and improve effectiveness of the courts.

“Our hope was to conduct research that would identifycourt centered evidence-based strategies and develop astatewide strategy and plan of action. Research andrecommendations were to include what is currently beingdone in Wisconsin courts as well as what works and how dowe measure it,” said Policy Analyst Michelle Cyrulik.

“We had a great organizational meeting, had signed thecontract with the National Center for State Courts, and hadeverything mapped out. We were really ready to moveforward to answer some key questions.”

Then the bottom fell out. The Justice, Equality, Humandignity, and Tolerance (JEHT) Foundation, which hadpromised a $600,000 grant for projects related to theWisconsin Effective Justice Strategies program,announced that it was broke. Its funds had been investedwith Bernard Madoff, who is now under federalindictment on charges that he ran a $50 billion Ponzischeme with investors’ money.

The good news for the courts: JEHT had given Wisconsinjust under half the grant money before it went broke, so someinitiatives will continue.

Specifically, the Assess, Informand Measure (AIM) program,which focuses on giving judgesthe tools they need to make thebest possible decisions aboutsentencing, will move ahead inthe pilot counties (Eau Claire,Iowa, La Crosse, Marathon,Milwaukee and Portage). Also, adata collection system that willenable the courts to track progressin these counties and assess theprogram as it is expanded acrossthe state will continue.

For now, however, the major statewide research project toexplore best practices is on hold. “We’re not giving up onit,” Cyrulik said. “We are continuing to look for othersources of funding and are well positioned to move forwardwhen the time is right.”

Investment scandal puts Effective JusticeStrategies project on hold

Michelle Cyrulik

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In September 2008, the Council of State Governments(CSG) announced that Wisconsin was among four states

selected to participate in the Chief Justices’ Criminal JusticeMental Health Leadership Initiative. The initiative is anational project designed to assist state supreme court chiefjustices and state leaders in developing strategic plans toimprove responses to people with mental illness involved inthe criminal justice system.

In early January, representatives from Delaware, NewHampshire, Idaho, and Wisconsin attended a policy forum inPhiladelphia. The CSG Justice Center convened the policyforum to provide a venue to discuss best practices, learnabout effective initiatives, and developa strategic plan. Dr. Henry Steadman,Director of the National GAINS Center,and Dr. Fred Osher, Director of HealthSystems and Services Policy of theCouncil of State Governments’ JusticeCenter, presented sessions on “CreatingAppropriate Responses for Justice-Involved Persons with Mental Illness”and “Interface with the BehavioralHealth System,” respectively.

Justices from several states thatparticipated in the forum last yearshared their accomplishments andlessons learned and offered guidance indeveloping a statewide strategic planand leading a task force. They alsoprovided strategic plans issued by theirtask forces and samples of documents,including memoranda of understanding.

The forum offered a range of resources. Staff from theBureau of Justice Assistance, United States Department ofVeteran Affairs, and Substance Abuse and Mental HealthServices Administration (SAMHSA) highlighted upcominggrant opportunities and new programs. As part of the policyforum, the Council of State Governments Justice Centerreleased a new resource entitled Mental Health Courts: APrimer for Policymakers and Practitioners. The publicationprovides a comprehensive introduction to this specialty courtmodel, describes mental health courts’ goals and processes,explains how a mental health court differs from a drug court,and provides resources for jurisdictions interested ininitiating a program. A copy of the publication is availableon the Consensus Project Web sitewww.consensusproject.org/mhcp/info/mhresources/pubs/.

Each task force will receive technical assistance, access toleading national experts, and funding from the CSG JusticeCenter and National GAINS Center, two nonprofitorganizations coordinating the initiative. The Council ofState Governments has informed the four courts selected toparticipate in this project in 2009 that the council and theGAINS Center will be able to provide direct funding of$5,000 to support each task force.

During this year-long initiative the task force will researchand evaluate evidence-based intervention processes that canbe implemented early in an effort to divert appropriateindividuals with serious mental illness away from thesometimes ineffective criminal justice system and into the

treatment system. The task force will also identify methodsto compile and evaluate data to measure the impact andeffect of programs to be implemented. Two work sessionsduring the forum provided an opportunity for theparticipants from the four states to apply the guidanceprovided and develop strategic plans. Members of thesteering group that attended the forum included JudgeRichard G. Niess, Dane County Circuit Court; AnthonyStreveler, executive policy initiatives advisor, WisconsinDepartment of Corrections; Jennifer Lowenberg, advocacyand training specialist, NAMI-Wisconsin; and TheresaOwens, executive assistant to the Chief Justice.

Representatives from the four statesfocused on identifying and developingspecific areas and issues on which thetask force could focus during the nextyear. The steering group willrecommend that the task force considerfocusing on diversion and informationsharing between the courts and state,county, and local treatment providers.The steering group discussed developinga mental health court model that mayassist circuit courts with theimplementation process. The steeringgroup also examined the feasibility ofrolling out a Crisis Intervention Team(CIT) program on a broader scalethroughout the state. The CIT approachis a community effort joining both lawenforcement and the community

together for common goals of safety, understanding andservice to the persons with mental illness and their families.Finally, the steering group considered collaboration with theJustice Reinvestment Initiative (JRI). JRI is a project of theCSG Justice Center in which JRI staff work closely withstate policymakers to advance fiscally-sound, data drivencriminal justice policies to address recidivism, reduce costs,and enhance public safety. CSG recently selected Wisconsinto participate in this project. Specifically, the steering groupdiscussed working with JRI on addressing the significantpercentage of persons who are returning to prison on aprobation revocation. Persons with mental illness constituteapproximately ten percent of this population.

The steering group will submit its report about the policyforum to Chief Justice Shirley S. Abrahamson, and she willbegin the process to convene a statewide task force. Thecreation of a statewide task force will provide anopportunity to bring judges, government officials,legislators, law enforcement, advocates, and consumerstogether to assess the criminal justice and mental healthsystems’ responses to persons with mental illness who areinvolved in the criminal justice system.

Contributing authors include Judge Richard G. Niess, DaneCounty Circuit Court; Theresa Owens, executive assistant tothe Chief Justice; Anthony Streveler, executive policyinitiatives advisor, Wisconsin Department of Corrections;and Jennifer Lowenberg, advocacy and training specialist,NAMI-Wisconsin.

National Criminal Justice / Mental HealthInitiative holds policy forum

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PEOPLEThe Milwaukee Journal Sentinel reported that Justice

Patience Drake Roggensack was in the Milwaukee CountyFamily Court on Dec. 10, 2008to observe proceedings in JudgeMary M. Kuhnmuench’scourtroom. While inMilwaukee, Roggensack metwith Chief Judge Jeffrey A.Kremers and Judges Bonnie L.Gordon, Jeffrey A. Conen,and Jeffrey A. Wagner. Shealso observed proceedings inConen and Wagner’scourtrooms. Kuhnmuencharranged a luncheon for thejustice and the Milwaukeejudges, where they discussed

such issues as self represented litigants and courthousebuilding conditions.

Kremers told the paper that this visit was important sincenone of the justices on the Supreme Court comes fromMilwaukee. He also thought the visit would be beneficialto the high court. “You can lose the perspective that theseare real people with real life stories,” Kremers told theJournal Sentinel.

The State Bar of Wisconsin has announced the twonominees for the 2009 State Bar president-elect. The StateBar Nominating Committee has selected Attys. James C.Boll Jr. and James R. Troupis to run for the position. Bollserves as legal counsel for Madison Gas & Electric Co.Troupis is a partner with Michael Best & Friedrich. Thewinner will become the president of the State Bar afterserving a one-year term as president-elect.

Attys. Margaret Wrenn Hickey and Kevin J. Lyonshave been nominated for a two-year term as treasurer. Thenominees for a three-year term on the Judicial Council areattorneys Mary E. Burke and Tom Bertz.

The elections will take place inApril, and those elected willbegin their terms on July 1, 2009.

According to The OshkoshNorthwestern, WinnebagoCounty Board supervisors willhave to find a new place tostore their things during theirmeetings. The Northwesternreports that the board will belocked out of the drawers theyused to store office items likepens, pencils and scissors, dueto safety concerns. The roomthe board uses for meetings isalso Winnebago County Circuit Court Judge Scott C.Woldt’s courtroom. For five years, Woldt has asked that theboard members keep the drawers locked, after the judgehad observed defendants rifling through them during courtproceedings. Woldt has found items like scissors and letteropeners that could be used as weapons in the courtroom.

County Board Chair DavidAlbrecht announced that allthe drawers would remainlocked because Woldtcontinued to find unlockeddrawers. “It was not a populardecision with the board, butyou can’t take the security of acourtroom lightly,” Albrechttold The Northwestern.

Nine news organizations willreceive 2008 Golden GavelAwards and Certificates ofCommendation from the StateBar for their journalistic effortsto promoting the public’sunderstanding of the justicesystem. Staff from The JournalTimes (Racine), Isthmus, GreenBay Press-Gazette, La CrosseTribune, WLUK-TV (GreenBay), WisconsinEye, WISC-TV(Madison), Associated Press,and The Reporter (Fond duLac) were honored on Jan. 28in Madison and Jan. 30 inGreen Bay. The winning entriescan be found at:www.wisbar.org/gavel.

The Wisconsin Law Journalhas released a report oncircuit court judges’ reversaland affirmations on appeal for2008. Three Milwaukeejudges had a 100 percentaffirmation rate. JudgesWilliam W. Brash andDaniel L. Konkol each had16 of their decision reviewed,without a single reversal.Timothy M. Witkowiak had11 decisions reviewed withouta reversal. The Law Journalreports that Witkowiak hasnever had any of his decisionsreversed since he took thebench in 2002. MilwaukeeCounty Circuit Court JudgeJeffrey A. Wagner has hadthe most decisions reviewedby the appellate courts sincethe Law Journal begantracking this information in2000. Of his 149 decisionsreviewed, 136 were affirmedand 13 were reversed.

Justice Patience DrakeRoggensack

Judge Scott C. Woldt

Judge William W. Brash

Judge Daniel L. Konkol

Judge Timothy M.Witkowiak

Judge Jeffrey A. Wagner

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On Jan. 5 and 6, 2009, the First Judicial Districthosted five Korean judges, four clerks and their

interpreter through an exchange program requested bythe National Center for State Courts (NCSC).

According to the NCSC, the Supreme Court of theRepublic of Korea has been conducting vigorousjudicial reforms to promote greater use of oralarguments and proceedings during trials. It is theCourt’s opinion that such oral arguments provide amore accurate portrayal of the truth, with livelydiscussions more apt to protect the parties’ rights andliberties.

Additionally, Korea has recently adopted a jurysystem. Members of the judiciary must becomeaccustomed to oral arguments and proceedings; as ofnow, trial procedures rely heavily on written affidavits.In the Court’s view, the best way to understand thenature and limits of oral arguments is to observe suchpractices in action. Because the United States has beena model for trial procedures and jurisprudence, theCourt decided that through a visit of this nature thedelegation would gain valuable experience and knowledge.

The delegation, led by Presiding Judge Kim Heung-Joon,Seoul Central District Court, first heard a welcome andoverview by Chief Judge Jeffrey A. Kremers and DistrictCourt Administrator Bruce Harvey.

The group then listened to the jury orientation process andsat with potential jurors while Kremers explained the systemwith help from Clerk of Court John Barrett and JuryManager Lori Watson Shuman. The group also viewed ajury video produced by the Director of State Courts Officein cooperation with the Chief Judge Subcommittee on JurySelection and Treatment in Wisconsin.

Over the next day and one half, Harvey and District CourtAdministrator Beth Bishop Perrigo introduced the visitors tojudges, court commissioners and clerk of court staff.Members of the delegation viewed voir dire in a felony case,

watched courtroom proceedings and spent time talking withMilwaukee judges and court commissioners about theircalendars and duties. The clerks also visited the criminalcourt file room, evidence room, civil file room and the prose center.

“It was a valuable experience for all of us,” Kremers said.“We appreciate the opportunity to introduce our Koreancolleagues to the Milwaukee County Courts and theAmerican system of justice. They had a lot of excellentquestions and insights.”

The judges and clerks had various levels of experience andrepresented both the three-judge panel division and the sole-judge division.

Over the past few years, NCSC has assisted the SupremeCourt of the Republic of Korea to organize visits to courts inthe United States.

Milwaukee hosts Korean judges and clerksBy Beth Bishop Perrigo, District Court Administrator, District I

Judges, clerks and interpreters from Korea visited the First JudicialDistrict in Milwaukee to learn about the U.S. court system.

Rock County Circuit Court Judge James P. Daley is aretired Army brigadier general who served in Vietnam as aMarine and has two daughters who have served inAfghanistan and Iraq. He said he is just beginning to sort outthe best way to help veterans who appear before him, andthat the best solution may be a separate court session forveterans.

“The issues are complex,” he said. “We are seeing a groupof men and women returning from Iraq and Afghanistanwho have suffered concussive head injuries from IEDs[improvised explosive devices], and these may be peoplewho have never been in trouble before, and now they’rehaving problems. We are just beginning to understand thelong-term impact of those injuries.”

Across the state in the Tenth Judicial District, judges arealso coming to the conclusion that cases involving veteransmay be best handled through a specialized program. OnApril 14, Chief Judge Benjamin Proctor, Eau Claire CountyCircuit Court, will to join with First Assistant PublicDefender Dana Smetana and Veterans Service Officer CliffSorenson to hold an organizational meeting on developing aregional treatment court for veterans. State Public Defender

Nicholas Chiarkas and Trial Division Director MichaelTobin have been invited to speak.

The court would be dedicated tosolving alcohol, drug and mentalhealth issues associated with criminalbehavior within the military veteranpopulation. The region associatedwith this court would be Chippewa,Dunn and Eau Claire counties.

In an effort to underscore theimportance of identifying veterans incourt and understanding the uniqueservices that are available to them,Chief Justice Shirley S. Abrahamsonsuggested that the Supreme CourtPlanning and Policy AdvisoryCommittee distribute information onhow to connect with county veterans services officers inWisconsin (see sidebar). Each county has an office thatcan provide veterans with information and assistance about

Veterans continued from front page

see Veterans on page 19

Judge James P. Daley

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family law legislation. At the beginning of February, the Assembly Speaker

named a new committee, the Committee on Public Safety, tobe chaired by Staskunas. The committee will focus on alllegislation relating to operating while intoxicated (OWI).

Numerous proposals to change the OWI laws are beingdiscussed and drafted at this time. The LegislativeCommittee has already spent time at several meetingsdiscussing the proposals and this is likely to continuethroughout the winter and spring. In the next issue of The

Third Branch, I will give a progress report on whatissues are under serious consideration.

The Legislature has 16 new members who werewelcomed by their returning colleagues on Jan. 5,2009, as the new legislative session got underway.Wisconsin’s weakened economy and the state’sbudget deficit are the issues certain to dominate thefirst portion of the biennial session.

The biggest legislative changes this session are inthe Assembly, which for the first time since 1995 iscontrolled by Democrats 52-46 with oneindependent. There are 14 new members in theAssembly, ten Democrats and four Republicans.

Assembly leaders include Speaker Mike Sheridan(D-Janesville), Majority Leader Tom Nelson (D-Kaukauna), Assistant Majority Leader Seidel,Minority Leader Jeff Fitzgerald (R-Horicon), andAssistant Minority Leader Mark Gottlieb.

Democrats retained control of the Senate 18-15,including one new member from each party.

Most of last session’s Senate leadership willreturn for this session, including: Majority Leader

Russ Decker (D-Schofield), Assistant Majority LeaderDave Hansen (D-Green Bay), President Fred Risser (D-Madison), Minority Leader Scott Fitzgerald (R-Juneau), andAssistant Minority Leader Grothman.

Questions about court-related issues before the Legislature,may be directed to Nancy Rottier at (608) 267-9733 ornancy.rottier@wicourts.gov.

Legislators continued from page 3

Justice Ann Walsh Bradley, right, visits with Legislative Council Staff Atty.Jessica Karls and Senior Staff Atty. Russ Whitesel.

Carlson is ‘Changemaker’Reserve Judge Gary L. Carlson was honored as a

‘Changemaker’ by the Wisconsin Coalition againstDomestic Violence (WCADV). Carlson was presented withthe award at WCADV’s 30th anniversary Reinvent theRevolution conference in Madison on Nov. 13, 2008.Carlson, a retired Taylor County Circuit Court judge, wasselected for his contributions toward ending domesticviolence. Other recipients of this award include Gov. JimDoyle, Deputy Chief Pete Helein of the Appleton PoliceDepartment, and Carmen Pitre from the Milwaukee TaskForce on Family Violence.

AWARDS continued from page 4

Retired Taylor County Circuit Court Judge Gary L.Carlson accepts the Wisconsin Coalition againstDomestic Violence Changemaker Award inNovember.

Other applicants for the Western District judgeshipinclude: Eric G. Barber, James R. Cole, William M. Conley,Stephen L. Crocker, Kendall W. Harrison, Paul B.Higginbotham, Stephen J. Meyer, James D. Peterson, JohnN. Schweitzer, and Stephen P. Sinnott.

Milwaukee County Circuit Court Judge Maxine A. Whiteis among applicants for the U.S. attorney vacancy in theEastern District of Wisconsin. Other applicants includeAttys: David A. Feiss, Alex Flynn, Richard G. Frohling,Robert J. Jambois, Mel S. Johnson, William J. Lipscomb,

James L. Santelle, Karine Moreno Taxman, and Daniel J.Vaccaro.

Members of the nominating commission include Attys.Michelle Behnke, Christine Bremer, Muggli, Charles Curtis,Nathan Fishbach, Stephen M. Glynn, Susan Hansen,Kenneth Calewarts, Peggy Lautenschlager, Thomas S. Sleikand Harvey Temkin, except for the chairs; Marquette LawSchool Professor Michael O’Hear chairs the Eastern Districtpanel while University of Wisconsin Law School DeanKenneth B. Davis chairs the Western District panel.

Vacancy continued from page 8

Veterans continued from page 17benefits, programs, and services available to veterans inthe judicial system.

The need to communicate the availability of services forveterans became apparent to Abrahamson during herongoing 72-county tour.

“As I have traveled the state, I have spoken with judges,law enforcement officers, prosecutors and defense attorneysabout how the courts might respond to the needs ofveterans, and all agree that improving our understanding of,and communication of, available services will make adifference,” Abrahamson said.

Policy Analyst MichelleCyrulik, who researched anddistributed information onveterans services to the judges,said she has learned thatidentifying people who haveserved in the military is mademore difficult by use of the word“veteran.”

“We learned that servicemenand women in their 20s and 30sdo not describe themselves asveterans,” she said. “They maythink of their grandparents asveterans, so we need to ask

questions about military service in a different way.” To learn more about ways to provide assistance to

veterans in the court system, a group comprised of judges, adistrict attorney, a public defender, and veterans’ servicesproviders attended a meeting on veterans courts sponsoredby the State Public Defender’s Office. Following that,Wisconsin sent a team of judges to Buffalo, N.Y., to observea veterans court that has been started there. While theWisconsin court system does not anticipate organizingspecialty courts for veterans on the same scale as theBuffalo effort (the Buffalo court is in a courthouse devotedto specialty courts and home to 27 service agencies) – somecircuit courts here hope to establish procedures that willfacilitate veterans’ access to services.

“What we saw in Buffalo was the court team had a directline to the VA, to full medical records, and to the veterans’benefits information,” Levine said, “so right there in thecourtroom they could accomplish what otherwise might takemonths, and get that individual in a position to receivecounseling and whatever else might be appropriate.”

Daley said opening lines of communication with the VAand veterans benefits agencies will be key to improving thecourt process for veterans. He plans to request that the VAsend a team into his court with equipment to access theappropriate electronic files so that benefits can be assessedright in the courtroom. He also plans to develop a mentoringprogram that will provide veterans in the court system withmentors who are also veterans. The mentoring component isan important part of the Buffalo program.

“We talk a lot about the importance of identifyingtreatment modalities to which the individual will respond,”Levine said. “It appears in cases involving veterans, thementorship element is very effective.”

Joining Levine and Daley in Buffalo were Judge John P.Roemer, Juneau County Circuit Court; Michael Tobin,Director of the Trial Division of the State Public Defender’s

Office; Milwaukee County District Attorney John Chisholm;a psychiatrist with the VA Hospital; and a coordinator ofbenefits for homeless veterans.

Connecting with veterans services officesThe links below will connect to a directory of county

veteran service officers (CVSO). Judges and court staff areencouraged to become familiar with local CSVOs and to usethis resource when addressing issues related to veterans incourt. This information is also available on the courts Website through the PPAC Effective Justice Strategies page athttp://wicourts.gov/about/organization/programs/altmore.htm.Link to county veteran service officers:dva.state.wi.us/CVSO.aspLink to tribal veteran service officers:dva.state.wi.us/cvso_tvso.aspLink to County Veteran Service Officers Association ofWisconsin: www.wicvso.org

The national pictureWhile Wisconsin is exploring ways to accommodate the

special needs of veterans in court, a handful of jurisdictionsthat are home to large populations of servicemen andwomen have opted to establish specialized courts forveterans.

There are an estimated five specialty veterans courts in thecountry, located in Orange County, Calif.; Madison County,Ill.; Buffalo, N.Y. and Rochester, N.Y.; and Tulsa, Okla.

The Buffalo court was the first in the nation. It beganoperating in January 2008, and Tulsa followed suit inNovember 2008. The veterans courts in Madison County,Ill., and Rochester, N.Y., began hearing cases in January2009. An effort to open a veterans court in AlleghenyCounty, Penn., has drawn criticism in the local media, whereeditorial writers questioned the need to spend tax dollars onanother specialty court.

The Buffalo court, which has operated for one year, wasthe brainchild of Judge Robert Russell. Russell and his staffnoticed that criminal cases involving returning veteranswere beginning to populate the docket.

Hank Pirowski, who works with Russell, told NationalPublic Radio that the local court staff began tracking thenumber of criminal cases involving returning veterans in2008, and counted 300. “The reality is, we knew we had todo something now,” he said, “because soon we’re going tohave 400,000 coming home.”

In November 2008, inspired by the Buffalo model,officials in Tulsa, Okla., opened a new specialty court forveterans. Marine Corps Gunnery Sergeant John Bennett,who works for the Sheriff’s Department, began the effort infall 2008 after he noticed an increasing number of drugcases involved servicemen and women. He contactedMarine Cpl. Matt Stiner, the mayor’s liaison to veterans, andthe two brought together a planning team that included thedistrict attorney, a drug court judge, officials from thecounty jail, and treatment specialists from the VA.

In January 2009, the state of Illinois followed suit,establishing a veterans court in Madison County, located inthe southwest corner of the state. Judge Charles RomaniJr., an Army sergeant who served in Vietnam, presides overthe court.

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Judge John P. Roemer

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both Indian communities and the larger society to use theage-old process of peacemaking in civil and juvenile andeven criminal cases.

It may be called mediation, talking circles, peacegiving,restorative justice, alternative dispute resolution (ADR), orother names such as wellness courts or drug courts. But theidea is the same: rather than focusing on punishment, ratherthan making a winner and a loser, there is more focus onrelationships and what caused the problem. The emphasis ison providing a process for the parties, themselves, to fashionthe solution to the conflict and to make things right in a waythat is fair and respectful to everyone.

Here in Wisconsin, the Wisconsin Tribal JudgesAssociation (WTJA) has been working with the Indian LawOffice (ILO) of Wisconsin Judicare the past few years to

enhance the re-emergence of peacemaking in the tribalcourts and tribal communities in Wisconsin. Forty tribalpeople from eight of Wisconsin’s 11 tribes have gonethrough a week-long certification course in mediation andtaken supplemental training on Indian-specific culturalcomponents in peacemaking.

Several tribal courts here have begun usingpeacemaking/mediation as a way for parties to resolve theirconflicts without litigation. It works somewhat differentlyin each tribe, and is designed to respect the values andbeliefs of the parties involved. WTJA, the ILO and thetribal peacemakers in Wisconsin are looking to expand thepeacemaking options in Indian Country in Wisconsin, andare participating in the development and re-emergence ofindigenous justice throughout Indian country nationally.

Peacemaking continued from page 9

it turns out that the first four months pass without anythingof substance getting accomplished. They come to thepretrial conference as if their case was just getting started.They seem to be waiting for us to make the kind of casemanagement decisions that should be made early in a case –about discovery, witness disclosures, etc. So the FamilyDivision is now considering whether it is possible toidentify divorce cases that need intervention at thebeginning of the case and bring the parties in for ascheduling conference.

Lesson Three: Less is moreOnce we undertook the process, it became clear that

lawyers and even court staff were unfamiliar with the localrules. Our assessment was that the rules were so detailedand wordy that the people didn’t even crack the book. Itwas too difficult to find what was needed.

As a result, the new rules approved so far contain about40 percent fewer words than the old ones. Here are a fewways to make rules more concise:

Organize a section applicable to all divisions, and workhard to create procedures in different divisions that are asuniform as possible.

Trim out rules that merely repeat state law, unless the lawis routinely overlooked by litigants.

Don’t reinvent the wheel. For example, we used to havean elaborate set of “Business Court” rules for expediting andstreamlining business cases. We repealed them wholesale.State statutes governing scheduling conferences alreadyauthorize a judge to impose the same special procedures.

We tried to focus only on rules that were needed. Our oldrules included provisions that were merely informative, orwere included only as a formality. Out they went.Procedures that were intended merely to guide clerks andjudges, that were followed entirely in-house and that didnot require any involvement by the litigants or the publicwere transferred from the local rules to an in-houseprocedural manual.

Lesson Four: Design the rules around formsSome procedures require particular information from the

litigants. For example, a motion for default judgment oftencomes down to whether the plaintiff was reasonably diligentin serving the defendant, and reasonable diligence turns on afew specific factors. Getting the correct information quicklyis a prime objective, particularly in this day and age when

we receive upwards of 1,000 default judgment motionsevery month in large claims civil cases. Rather thanspelling out the required factors in a rule, we specified aform that forces the parties to address them up-front. (Weeven specified the color paper the litigants use whensubmitting the form, so we can easily find it in a thick file,and so we can tell instantly whether the affidavit claimsservice (green), substitute service (blue) or service bypublication (yellow).)

We were mindful, of course, that certain litigants havedeveloped their own forms (and have even gone toconsiderable lengths to automate their practices around theirown forms) so the new rules permit parties to use“substantial equivalents” of the forms we prescribe.

Lesson Five: Make the rules work forself-represented litigants

We worked especially hard to make sure that our ruleswere written and organized so that they can be read,understood and followed by self-represented litigants.Many of our rules are written as checklists that litigants canfollow to make sure that they have submitted all thenecessary paperwork.

Lesson Six: Publish the rules on the InternetOne impediment to keeping rules up-to-date is the expense

of reissuing rules that have just been printed. Hard copyrules cannot even be tweaked without major expense. Wedecided to produce only a small number of the rules in hardcopy, but also make them available on the county Web siteand the State Bar Web site. We recognize that it won’t belong before they will need to be changed again, but whenthe time comes all we will need to do is go to the Web siteto make our changes.

Editor’s note: While no other Wisconsin county has recentlyundertaken a rules revision of this magnitude, a few haveadopted substantial changes. These counties include Ironand Taylor counties, and the Tenth Judicial District –encompassing 13 northwest Wisconsin counties – developeda standard format for organizing rules. All local rules,organized by county, are available on the State Bar Web siteatwww.wisbar.org/AM/Template.cfm?Section=Circuit_court_rules2.

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AIM continued from page 14

WISCONSIN CONNECTS

Wisconsin to help shape nationalprogram on risk-assessment tools

Wisconsin is among a handful of states selected toparticipate in a national working group that will identify andaddress key issues associated with the use of risk and needsassessment information at sentencing.

“The National Center for State Courts brought us to thetable because of the AIM project,” said Policy AnalystMichelle Cyrulik, who represented the state at the meeting inMontgomery, Ala. in February.

Assess, Inform and Measure (AIM) focuses on givingjudges the tools they need to make the best possible decisionsabout sentencing. The project is underway in a group ofWisconsin counties including Eau Claire, Iowa, La Crosse,Marathon, Milwaukee and Portage.

Cyrulik’s travel was paid through the NCSC Public SafetyPerformance Project, which is supported by the Pew CharitableTrusts’ Center on the States and the State Justice Institute.

Todd travels to Algeria to offer mediatraining for court officials

Court Information OfficerAmanda K. Todd traveled tothe African nation of Algeriain February to run mediatraining workshops forjudges and prosecutors. Toddwill also lead a strategicplanning session designed toimprove the court system’spublic outreach program. TheAmerican Bar Associationinvited Todd to design andlead the workshops. She hasdone similar work for theABA in Eastern Europe andthe Middle East.

Amanda K. Todd

participated in the conference and spoke of their efforts toincorporate risk assessment and/or evidence-based practicesinto sentencing.

The three jurisdictions provided thought-provokinginformation on the history, process development andoutcomes for their unique endeavors. Representatives fromthe state of Virginia provided a look at how sentencingguidelines were incorporated into a risk-assessment processand the changes the criminal justice system has seen sincethe inception of the process. Multnomah County, Oregon,representatives presented detailed information on datacollection and potential agency involvement in processimplementation. Finally, an informative discussion ofagency cooperation and process development resulted fromthe state of Missouri’s presentation.

AIM representatives will be able to discuss the variousbenefits and challenges the AIM process may encounter.One of the benefits will be access to data from AIM’s Web-based software, which will be helpful in assessing and

building support for the program.Challenges the AIM process faces are initial buy-in and

lack of substantial or appropriate program alternativeswithin individual pilot counties.

We are pleased by the progress and developments of thisproject to date and are greatly appreciative of the hard workdevoted by the pilot counties at this time. In the future,AIM updates can be found on the court’s “Effective JusticeStrategies” Web site located at:www.wicourts.gov/about/organization/programs/alternatives.htmClick on the “AIM Project” tab for specific informationabout AIM.

Contact Danielle LeMieux, AIM Project coordinator, atdanielle.lemieux@wicourts.gov or (608) 261-0680 withquestions or to inquire about pursuing AIM in your county.

Waukesha County Circuit Court JudgeRalph M. Ramirez presented ReserveJudge Gary L. Carlson with an applepie during the Judicial Conference inMadison. The pie was intended torecognize Carlson's receipt of the EqualFooting Award for Advancement inLanguage Access to the Courts.Carlson, a former chief judge fromTaylor County, has helped promote theidea of using certified interpreters, andtestified about the interpreter programbefore a legislative committee last year.

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Exchange continued from page 10Court of Appeals work, on the other hand, involvesextensive review of briefs and the standards by which a trialcourt decision is to be judged, Curry said.

Gaylord said she found observing the Court of Appealsand screening cases both informative and enjoyable. “It’s agood example of the value that comes from discussing acase to share fresh insights and perspectives,” Gaylord said.

District IV, with five appellate judges, handles appealsfrom courts in the following counties: Adams, Clark,Columbia, Crawford, Dane, Dodge, Grant, Green, Iowa,Jackson, Jefferson, Juneau, La Crosse, Lafayette, Marquette,Monroe, Portage, Richland, Rock, Sauk, Vernon, Waupaca,Waushara, and Wood.

Like the Supreme Court, the Court of Appeals takes notestimony. Cases are decided based on the trial court recordand written briefs and, in a limited number of cases, oral

argument. Any person may appeal a final order or judgmentof a circuit court to the Court of Appeals.

“The Judicial Exchange Program benefits not only thejudges who participate, but the entire court system and thepeople of Wisconsin. The program receives high marks fromthe judges,” Abrahamson said.

Wisconsin’s Judicial Exchange Program was modeledafter a similar program that has operated for years in thefederal court system. Federal judges have found theirprogram to be rewarding, but humbling. When the now-deceased U.S. Supreme Court Chief Justice William H.Rehnquist presided over a civil right trial in Richmond,Va. – marking the first time this century that a U.S.Supreme Court justice had presided over a trial – he wasreversed on appeal.

RETIREMENTS continued from page 9

Yackel to retire atend of term

Sawyer County Circuit CourtJudge Norman L. Yackel will beretiring at the end of his termthis summer. Yackel has servedon the Sawyer County benchsince he was first appointed in1991. He was then elected in1991, 1997, and 2003.

Yackel presided over one ofWisconsin’s highest profile casesin 2004-05. The trial of ChaiVang, who was convicted of first

degree murder after killing six hunters in the NorthernWisconsin woods, received national media attention. Yackelsaid this trial was one of the highlights of his career.

Prior to his appointment to the bench, Yackel served asSawyer County district attorney and worked in privatepractice. He received his bachelor’s degree and law degreefrom the University of Minnesota.

Yackel said he has not made plans for his retirement yet.He said his wife has a “to do list” waiting for him, andthey do plan on spending some of the colder winter monthsdown south.

Ebert to leave Dane County bench Judge Steven D. Ebert, Dane County Circuit Court, will

be retiring this summer after 12 years on the bench. Hislast day will be July 16.

Ebert was appointed in 1997 by then-Gov. TommyThompson. He won elections in 1998 and 2004. He hasserved ten years in the criminal division and two year inthe juvenile division.

Ebert attended UW-Madisonand Drake Law School. Prior toserving on the bench, he hadserved as assistant attorneygeneral, municipal judge for thecity of Stoughton, supervisingattorney for legal assistance toinstitutionalized persons throughUW Law School, and as assistantdistrict attorney for Rock County.

“I am going to see what elsethere is to challenge me,” Eberttold the Wisconsin State Journal.“I expect I will continue to workin some capacity.” In his letter toGov. Jim Doyle, Ebert said he would like to continue towork in public service after his retirement.

Judge Norman L. Yackel

Judge Steven D. Ebert

Wisconsin SupremeCourt Chief JusticeShirley S.Abrahamsonadministered the oathof office and was thefeatured speakerduring a Dec. 11ceremony markingthe graduation of 19cadets from the StatePatrol Academy.

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www.wicourts.gov

Chief JusticeShirley S. Abrahamson

Director of State CourtsA. John Voelker

Co-EditorsTom SheehanAmanda K. Todd

Associate EditorSara Foster

Contributing WritersJames BotsfordBridget BaumanShelly CyrulikSara FosterDanielle LeMieuxKen McKelveyIngrid NelsonBeth Bishop PerrigoNancy RottierHon. Richard J. SankovitzTom SheehanAmanda ToddA. John Voelker

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) 261-6640e-mailtom.sheehan@wicourts.govfax(608) 267-0980

and end in July 2010. Chief Judge Jeffrey A.Kremers, Milwaukee County Circuit Court,assigned Rothstein to serve in Children’s Court,the Milwaukee Journal Sentinel reported Feb. 16.Rothstein is expected to take the bench in mid-March.

PrimariesPrimaries narrowed down the fields of

candidates in nine Wisconsin counties.In Chippewa County, the Chippewa Valley

Newspapers reported Attys. James M. Isaacsonand Steve Gibbs won spots on the April ballot,after defeating Robert A. Ferg. Both Isaacson andGibbs work in private practice. The Branch 2 seatis vacant due to the retirement of Judge ThomasJ. Sazama (see The Third Branch, fall 2008).

In Dane County, Atty. Julie Genovese andAssistant U.S. Attorney Stephen Ehlke advancedto the spring ballot by out-polling Sun Prairielawyer Charlie Schutze. The winner on April 7will fill the seat being vacated by the retirementof Judge Michael N. Nowakowski at the end ofJuly (see The Third Branch, fall 2008).

In Green County, Attys.Dan D. Gartzke andThomas J. Vale defeated Timothy J. Burns,according to The Monroe Times. Gartzke and Valeare running for Green County Circuit Court’snewly created Branch 2 seat.

In Jefferson County, Steven J. Luchsinger andJennifer L. Weston will advance to the Aprilelection after both defeated Jennifer L. Weber, theDaily Jefferson County Union reported.Luchsinger works in private practice. Weston hasserved as court commissioner for JeffersonCounty and as a Fort Atkinson Municipal Courtjudge. The two are seeking to fill the Branch 1seat of Judge John M. Ullsvik, who is retiring(see Retirement on page 9).

In Kenosha County, Fred Zievers and ChadKerkman will face each other for the newly createdBranch 8 in Kenosha County Circuit Court.Zievers and Kerkman defeated David Wilk andGregg Guttormsen, the Kenosha News reported.

In Marathon County, voters narrowed down afield of five candidates to two in the quest to fillthe seat vacated by Judge Dorothy L. Bain.District Atty. Jill Falstad and Atty. Peter Rotterdefeated court commissioners Douglas Baumanand Sandy Marcus and Atty. Alan Grischke forthe right to appear on the April 7 ballot.

In Milwaukee County, Daniel Gabler and J.D.Watts will face off in the spring election forBranch 15 after they defeated Ronald Dague inthe primary. Both Gabler and Watts have workedas Milwaukee County assistant district attorneys.

Gabler continues to serve as assistant districtattorney. Watts now works in private practice.

In Ozaukee County, Sandy Williams andDarcy McManus defeated Steven Glamm toadvance to the spring ballot. Williams is a districtattorney for Ozaukee County. McManus serves asOzaukee County Family Court commissioner.

In Wood County, the Marshfield News Heraldreported that Atty. John A. Kruse and WoodCounty District Atty. Todd P. Wolf defeatedRichard D. Weymouth and John P. Henklemannfor the Branch 3 position.

Contested RacesSeven other counties also will have contested

races in April, including four counties whereincumbents are being challenged.

In Douglas County, District Atty. Daniel W.Blank will face Assistant District Atty. Kelly J.Thimm.

In Milwaukee County, Attys. Ellen R.Brostrom and Christopher R. Lipscomb willcompete for the Branch 6 seat made vacant byJudge Kitty K. Brennan’s appointment to theCourt of Appeals.

In Sawyer County, Thomas J. Duffy, whoworks in private practice, and Gerald L. Wright,who works in the State Public Defender’s Office,are both running for the seat made vacant byJudge Norman L. Yackel’s retirement (seeRetirements on page 9).

In Bayfield County, Judge John P. Anderson isbeing challenged by Atty. Gene D. Linehan.

In Burnett County, Douglas County CourtCommissioner Paul Wesley Baxter is challengingJudge Kenneth L. Kutz.

In Grant County, Atty. Craig R. Day willchallenge Judge George S. Curry.

In Taylor County, Judge Ann N. Knox-Bauerwill be challenged by Atty. William A.Grunewald.

In other election-related news, two candidateswithdrew from the Winnebago County CircuitCourt race, the Wisconsin Law Journal reported.After Judge Bruce K. Schmidt had announced inAugust that he would not be seeking reelection,Winnebago County Court Commissioner DanielJ. Bissett and Winnebago County AssistantDistrict Atty. John A. Jorgensen both announcedtheir candidacy for the position. Schmidtreconsidered after his wife passed away, anddecided the time was not right for his retirement.Both Bissett and Jorgensen chose to withdrawfrom the race rather than face Schmidt, who has18 years of experience on the bench, according tothe law journal.

Primary continued from front page

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