"Walker's judges" is our effort to present information about Gov. Walker's appointees to the bench. The information is taken from the appointees' own judgeship applications. Name: Timothy G. Dugan Appointed to: Court of Appeals District 1 Appointment date: Oct. 27, 2016 Education: Law School – Marquette University Law School Undergrad – Westminster College High School - no information provided by applicant Recent Employment: 1991 - present – Milwaukee County circuit court judge Memberships: Wisconsin State Bar Association Milwaukee Bar Association Wisconsin Trial Judges Association Milwaukee Trial Judges Association American Bar Association (prioir to 1992) 7th Circuit Bar Association (prior to 1992) Association (of) Trial Lawyers of America (prior to 1992) Wisconsin Academey (sic) of Trial Attorneys (prior to 1992) Wiscosnin School Attorneys Association (prior to 1992) Number of cases heard as a judge: Civil, 10,000; criminal, 15,500; jury trial, 400; court trials, 150. Legal experience as an advocate in criminal litigation, civil litigation, administrative proceedings: As lawyer with vonBriesen & Purtell, litigation in commercial, municipal, probate and tort areas; municipal and school law; and real estate. Number of cases tried to verdict or judgment: Jury, 50; non-jury, 25. Number of cases on appeal: Nine cases listed, including cases representing Wisconsin Evangelical Lutheran Synod on tax exemption matters. Most significant cases include Milwaukee Public Schools, et al. v. State of Wisconsin et al.: (Dugan was co-counsel representing seven suburban school districts.) MPS brought the class action lawsuit against the state, the governor, and 24 suburban school districts alleging discrimination in education of MPS students. ... After approximately 3 years of litigation and 65 days of trial the case was settled. MPS sought a remedy from the court creating a single metropolitan school district which would have destroyed the current system of education in the Milwaukee area. The settlement involved the limited expansion of the Chapter 220 program that some of the school districts had voluntarily joined year’s (sic) earlier allowing MPS students to attend school in those districts. Professional or civic organizations, volunteer activities, service in a church or synagogue, or any other activities or hobbies that could be relevant or helpful to consideration of the application:
"Courts do not have the authority to attempt to cure what judges perceive as social wrongs or problems that the legislature has chosen not to address. ... Moreover, the judge should not rely on social science studies to justify moving away from established legal precedent. In other words, judges should act as judges, not legislators." -- Court of Appeals Judge Timothy G. Dugan Involvement in judicial, non-partisan, or partisan political campaign, committee, or organization:
Before becoming judge, distributed campaign literature for candidates in state, and local elections. Since becoming judge, circulated nomination papers for judicial candidates. Pro bono legal work: NA All judicial or non-partisan candidates that you have publically endorsed in the last six years: David Prosser, Rebecca Bradley, and Clare Fiorenza. Quotes: Why I want to be a judge – As I mention to jurors after each jury trial, I believe in our system of justice and find it rewarding to be a part of this system. It provides people the opportunity to resolve disputes before an impartial tribunal rather than succumb to disruptive conduct. … Additionally, I believe that it is important that our judiciary include judges who have a background in private practice to ensure that the needs and concerns of private party clients are considered and addressed by our courts. … Additionally, I believe it is important that the Court of Appeals include a trial court perspective. The court should not be an ivory tower that does not consider the environment in which trial judges operation daily. It would not be removed from the factual issues that are presented at trial by those who live those facts such as police officers fulfilling their duties on the street. I believe my experience as a trial judge will enhance my service on the Court of Appeals. Judicial philosophy - Courts do not have the authority to attempt to cure what judges perceive as social wrongs or problems that the legislature has chosen not to address. Those policy decisions rest in the hands of the legislature. In that vein, judges should not be analyzing laws from the perspective whether the laws are good or bad. … Moreover, the judge should not rely on social science studies to justify moving away from established legal precedent. In other words, judges should act as judges, not legislators. Judges are not legislators and should not use their office to change or create laws based upon their personal beliefs or agendas. The judge’s role is to interpret and apply the laws. The judge’s decisions should be legal ones and not political policy judgments. The judge should be interpreting existing laws and determining whether the legislature has acted within its power and authority without violating the constitutional rights of the citizens. Best Wisconsin or US Supreme Court decision in the last 30 years State v. St Martin (2011) The issue before the [Wisconsin Supreme] court was the constitutionality of a warrantless search of an apartment attic. The facts involve a defendant who was removed from his apartment in response to a battery complaint by his girlfriend who shared the apartment with him. Police obtained consent from defendant’s girlfriend, who was present in the apartment, to search the attic. They then asked the same question of St. Martin, who was by that point in police custody in a police van parked nearby. He refused. The police proceeded to search the attic and found cocaine and currency. A warrant was subsequently obtained … In St. Martin the court appears to move back to the practice of following U.S. Supreme interpretations of the due process clause. Worst United State or Wisconsin Supreme Court decision in the last 30 years –Thomas v. Mallett (2005) (Dugan was the trial judge ultimately overturned by the State Supreme Court) In Thomas, the [Wisconsin Supreme] Court extended the risk contribution theory that was adopted in Collins v Eli Lilly Co. In Collins the Court held that a claimant whose mother took DES, anti-miscarriage drug could sue any drug company who produced or marketed DES during the 9 months of pregnancy in the geographic market area. … In applying the risk contribution to lead paint manufacturers the Court removed the requirement that the defendant caused injury to plaintiff and places liability on each lead manufacturer merely because they participated in the lead paint industry even though they may not have had any involvement with the plaintiff’s injuries. … What the court did was determine that there was a serious public health problem, conclude that the legislative branch was not taking appropriate action to address the problem and adopt a broad sweeping remedy that in its view was necessary to cure the problem. The Court was interjecting its own social views in its decision and ignoring the balance of power constraints between the legislative and judicial branches. Other information you feel would be helpful to your application – As recent as 2008 I received the confidence of President George Bush when I was nominated to fill the seat of the Hon. Rudolph Randa for his seat on the U.S. District Court of Appeals for the Eastern District of Wisconsin. During that process I was approved by the American Bar Associations Judicial Selection Committee and vetted by the FBI background investigation. When I did not receive a hearing before the Senate Judiciary Committee, Judge Randa chose not to go to senior status.
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There will indeed be four candidates vying for the Municipal Court judgeship now held by Valarie Hill.
They are Hill, a Municipal Court judge since 2004; William Crowley, a lawyer with Disability Rights Wisconsin; Assistant City Attorney Kail Decker; and Brian Michel, a staff attorney with the Legal Aid Society in Milwaukee. All four candidates filed nomination papers by the 5 p.m. Tuesday deadline. The general election is April 4. The primary election will be Feb. 21. Municipal Court judges serve 4-year-terms. Hill is paid $133,289 per year. You can read more about the candidates here. There are no contested seats on the Court of Appeals or Supreme Court, and there are 11 contested seats among the 48 circuit court seats up for election, according to Wisconsin Elections Commission filings.
In Milwaukee County, there will be only one contested race. Scott A. Wales and Kashoua Kristy Yang will face off for the Branch 47 seat being vacated by John Siefert. No one is running against Michelle Ackerman Havas, who was appointed to the bench by Gov. Scott Walker in 2015, lost her seat to Circuit Judge Jean Kies last spring, and is running this year for the seat vacated by Timothy G. Dugan, appointed by Walker to the Court of Appeals. Incumbent Circuit Judges Maxine A. White, Michael J. Hanrahan, Paul Van Grunsven, Mary E. Triggiano, Pedro Colon, Dennis R. Cimpl, Cynthia Davis, Carl Ashley, Frederick C. Rosa, and Jeffrey Kremers all are unopposed. Incumbent Dane County Circuit Judge Clayton Kawski, a Walker appointee, did not file nomination papers or a statement of non-candidacy, according to the election commission. The Wisconsin State Journal reports that Kawski's failure to act means the deadline to file nomination papers will be extended by three days, per state law. Kawski is not allowed to file during that time, but other candidates. Can. Here are the candidates who filed nomination papers by the 5 p.m. deadline Tuesday, according to the Wisconsin Elections Commission. Supreme Court: Annette K. Ziegler (inc.) Court of Appeals District 1: William W. Brash III (inc.) Court of Appeals District 2: Brian K. Hagedorn (inc.) Court of Appeals District 4: Rock County Circuit Judge Michael R. Fitzpatrick (Incumbent Paul B. Higginbotham not seeking re-election) Burnett County Circuit Court: Melissia R. Mogen, David Grindell (office is vacant) Columbia County Circuit Court Branch 2: W. Andrew Voigt (inc.) Dane County Circuit Court Branch 9: Richard G. Niess (inc.) Dane County Circuit Court Branch 12: Marilyn Townsend, Jill J. Karofsky (incumbent is Clayton Kawski) Dodge County Circuit Court Branch 2: Martin J. De Vries (inc.), Todd A. Snow, Randall E. Doyle Door County Circuit Court Branch 2: David L. Weber, (inc.) Fond du Lac County Circuit Court Branch 5: Robert Wirtz (inc.) Grant County Circuit Court Branch 1: Robert P. VanDeHey (inc.) Green Lake County Circuit Court: Mark Slate (inc.) Iron County Circuit Court: Patrick J. Madden (inc.) Jefferson County Circuit Court Branch 4: Bennett J. Brantmeier (Incumbent Randy R. Koschnick is not seeking re-election) Kenosha County Circuit Court Branch 4: Anthony G. Milisauskas (inc.) Kenosha County Circuit Court Branch 7: Jodi L. Meier (inc.), John Anthony Ward Manitowoc County Circuit Court Branch 3: Patricia Ann Koppa, Donald J. Chewning, Bob Dewane (incumbent Jerome L. Fox is not seeking re-election) Marathon County Circuit Court Branch 4: Gregory J. Strasser (inc.) Marathon County Circuit Court Branch 5: Michael K. Moran (inc.) Milwaukee County Circuit Court Branch 1: Maxine A. White (inc.) Milwaukee County Circuit Court Branch 4: Michael J. Hanrahan (inc.) Milwaukee County Circuit Court Branch 9: Paul Van Grunsven (inc.) Milwaukee County Circuit Court Branch 10: Michelle Ackerman Havas, Timothy G. Dugan (inc.) (Dugan has been named to a District 1 Court of Appeals seat and will not seek re-election to his circuit court seat) Milwaukee County Circuit Court Branch 13: Mary E. Triggiano (inc.) Milwaukee County Circuit Court Branch 18: Pedro A. Colon (inc.) Milwaukee County Circuit Court Branch 19: Dennis R. Cimpl (inc.) Milwaukee County Circuit Court Branch 21: Cynthia Davis (inc.) Milwaukee County Circuit Court Branch 33: Carl Ashley, (inc.) Milwaukee County Circuit Court Branch 35: Frederick C. Rosa (inc.) Milwaukee County Circuit Court Branch 35: Jeffrey Kremers (inc.) Milwaukee County Circuit Court Branch 47: Scott Alan Wales, Kashoua Kristy Yang (incumbent John Siefert is not seeking re-election) Oconto County Circuit Court Branch 1: Michael T. Judge (inc.) Outagamie County Circuit Court Branch 1: Mark J. McGinnis (inc.) Polk County Circuit Court Branch 1: Malia Theresa Malone, Daniel J. Tolan, David D. Danielson (seat is vacant) Polk County Circuit Court Branch 2: Jeff Anderson (inc.) Racine County Circuit Court Branch 3: Emily S. Mueller (inc.) Rock County Circuit Court Branch 6: John M. Wood (inc.) Sheboygan County Circuit Court Branch 2: Kent Hoffmann (inc.) Sheboygan County Circuit Court Branch 3: Angela W. Sutkiewicz (inc) Sheboygan County Circuit Court Branch 5: Daniel J. Borowski (inc.) Trempeleau County Circuit Court: Rian Radtke, Rick Schaumberg, Charles V. Feltes (inc.) Vernon County Circuit Court: Timonthy J. Gaskell, Darcy Rood (incumbent Michael J. Rosborough is not seeking re-election) Washington County Circuit Court Branch 1: James G. Pouros (inc.) Washington County Circuit Court Branch 3: Todd K. Martens (inc.), Robert T. Olson. Waukesha County Circuit Court Branch 3: Ralph M. Ramirez (inc.) Waukesha County Circuit Court Branch 4: Lloyd V. Carter (inc.) Waukesha County Circuit Court Branch 11: William Domina (inc.) Waupaca County Circuit Court Branch 1: Troy L. Nielsen, Eric Daniel Hendrickson, Dennis Krueger (incumbent is Phiip M. Kirk) Waushara County Circuit Court: Guy Dutcher (inc.) Winnebago County Circuit Court Branch 2: Scott C. Woldt (inc.) Winnebago County Circuit Court Branch 6: Daniel J. Bissett (inc.) "Walker's judges" is our effort to present information about Gov. Walker's appointees to the bench. The information is taken from the appointees' own judgeship applications. Cynthia M. Davis, appointed by Walker in February, will not face an opponent in the April 4 election. She is the only one who filed nomination papers for her seat. Name: Cynthia M. Davis Appointed to: Milwaukee County Circuit Court Appointment date: Feb. 18, 2016 Education: Law School – Marquette University Law School Undergrad – DePauw University High School - Brookfield Academy Recent Employment: 2011 - present – assistant district attorney, Milwaukee County January 2016 - present - Marquette University Law School, adjunct associate professor Memberships: Wisconsin State Bar United States District Court, Eastern District of Wisconsin Legal experience as an advocate in criminal litigation, civil litigation, administrative proceedings: Served as assistant district attorney in drug unit, domestic violence unit, the child protection and advocacy unity of the sensitive crimes unit. At Foley & Lardner, worked in Business Litigation and Dispute Resolution practice group and Commercial Transactions and Business Counseling practice group. Number of cases tried to verdict or judgment: 27 jury trials, prosecuted about 417 cases total. Number of cases on appeal: None. Professional or civic organizations, volunteer activities, service in a church or synagogue, or any other activities or hobbies that could be relevant or helpful to consideration of the application:
Involvement in judicial, non-partisan, or partisan political campaign, committee, or organization: I served as a member of the Advisory Board of the Wisconsin Forum, a non-profit organization that is dedicated to providing a forum for business leaders, educators and students to interact with, and learn from, the leading economic and business scholars of our age. Pro bono legal work: Due to my current position as an Assistant District Attorney, I am unable to perform pro bono legal work. Prior to serving … I engaged in a considerable amount of pro bono work while an associate at Foley & Lardner. Notably, I earned the distinction of being named to the 2010 State Bar of Wisconsin Pro Bono Honor Roll. Describe any business or profession other than the practice of law: I am a part-time yoga instructor. All judicial or non-partisan candidates that you have publically endorsed in the last six years: David Prosser and Rebecca Bradley Quotes: Why I want to be a judge – First, I want to become a judge to uphold and protect both the United States and the Wisconsin Constitutions. Ever since I was a young child, my family, especially my paternal grandparents, instilled in me an appreciation for the ideals and values on which this country was founded, namely freedom and personal responsibility. To continue to enjoy this precious freedom, a stable and reliable judiciary is necessary to uphold the rule of law. ... Secondly, I want to become a judge because I truly love being a scholar of the law. … Finally, I want to help people. Judicial philosophy - A well-ordered society, predicated on freedom and personal responsibility, requires a judicial system in which judges consistently apply the law according to its intent and without distorting the law to comport to their beliefs or senses of justice.... In situations where the law does allow or require the use of discretion, a judge should always seek the truth while carefully balancing the interests of justice and mercy. The most important attributes of a judge are his or her dedication to thoroughly researching and understanding the law, his or her willingness to listen and his or her ability to confidently render a decision without fear of criticism or of being overturned on appeal. Best Wisconsin or US Supreme Court decision in the last 30 years – United States v. Lopez (1995) (The US Supreme Court struck down a law making it a federal offense for having a gun in a school zone.) This case is the best United State Supreme Court decision in the last thirty years because it was the first case since the New Deal era to effectively recognize a limit on the scope of Congress’ power to regulate under the Commerce Clause, thus signifying a restoration of certain rights to the States and the people, where they rightly belong. Although the Supreme Court has not always followed in the same direction since Lopez, Lopez at least marked a break to the on-going rubber-stamping of federal laws regulating local activity and provided a meaning check on Congress' authority under the Commerce Clause. "A well-ordered society, predicated on freedom and personal responsibility, requires a judicial system in which judges consistently apply the law according to its intent and without distorting the law to comport to their beliefs or senses of justice." -- Milwaukee County Circuit Judge Cynthia M. Davis Worst United State or Wisconsin Supreme Court decision in the last 30 years – Lee v. Weisman (1992) (The US Supreme Court held that a public school may not sponor clerics to conduct prayers.)
In this case, the Court upheld an unconstitutional a public middle school’s sponsoring of a rabbi to give a short invocation following the Pledge of Allegiance at a graduation ceremony. … This case is the worst U.S. Supreme Court decision in the last thirty years because the Court fails to strike the proper balance between the Establishment Clause and the Free exercise Clause contain within the First Amendment…The Court completely eviscerates the Free Exercise Clause…then goes on to completely proscribe religious expression in an effort to protect those who somehow may been offended or isolated by a short prayer and thus compelled to participate by standing or observing silence. Such result is quite contrary to the drafters’ intent. If the Court had properly acknowledged the intent of the Establishment Clause, as noted in the dissent as proscribing “coercion of religious orthodoxy and of financial support by force of law and threat of penalty” … the Court would have struck the property balance between the Establishment Clause and the Free exercise Clause and thus avoided such an affront to a “characteristically American” practice of recognizing and giving gratitude to Divine Providence.” Excerpts from State Supreme Court Justice David T. Prosser's recommendation letter to Walker (Davis clerked for Prosser during the 2006-07 court term): Cindy Davis is a very competitive person who has done outstanding intellectual work at the highest level as well as a lot of necessary grunt work in the trenches. Judge Mary Kuhnmuench is one of her biggest supporters, which will help immensely come election time. In sum, I think Cynthia Davis is a safe but utterly compelling judicial candidate who will benefit tremendously by being on the bench for a year before facing the voters. She will benefit from experience on the bench because she will impress people with the quality of her performance, just as she completely validated her selection as my law clerk. |
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