"Evers' judges" is our effort to present information about Gov. Tony Evers' appointees to the bench. The information is taken from the appointees' own judgeship applications. WJI also will continue to profile former Gov. Scott Walker's appointees who are still in office.
Name: M. Joseph Donald
Appointed to: District 1 Court of Appeals
Appointment date: Sept. 4, 2019. (Election scheduled for April 2020)
Law School – Marquette University Law School
Undergraduate – Marquette University
High School – Shorewood High School
St. Lawrence Seminary
Recent legal employment:
1996 - present – Milwaukee County circuit judge
Bar and Administrative Memberships:
Wisconsin State Courts
U.S. District Court for the Eastern District of Wisconsin
General character of practice before becoming a judge: Worked as a Milwaukee assistant city attorney from 1989 to 1996, handling tax foreclosures, bankruptcies, property tax assessments, unemployment compensation and ordinance violations. Also handled disciplinary hearings before the Fire and Police Commission.
Describe typical clients: Represented various city department heads and city employees, including those in the Treasure's Office, the Department of City Development, the City Assessor's Office and the Fire and Police Departments. Represented the city in prosecuting people in Municipal and Circuit Court.
Number of cases tried to verdict or judgment: Seven as city attorney
List up to five cases in which you participated as a judge or lawyer in the past seven years:
State v. Johnnie J. – I presided over the jury trial and dispositional hearing, and entered orders terminating Johnnie's parental rights to her children.
State v. Antonio Smith – I presided over the jury trial and sentencing of defendant Smith on multiple counts of first degree intentional homicide and conspiracy to commit homicide.
State v. Mickey Miller – I presided over the jury trial and motion to dismiss the armed robbery and false imprisonment charges.
State v. Bailey – I presided over the multiple count jury trial and motions that resulted in a conviction of guilty on felon in possession of a firearm and acquittal on others.
State v. Akim Brown – I presided over the post-conviction motion.
Experience in adversary proceedings before administrative bodies.
Throughout my career as a Milwaukee City Attorney, I was involved in many administrative proceedings, which included The Board of Review for tax assessments; State of Wisconsin Unemployment Compensation Proceedings; and the Milwaukee Fire and Police Commission.
My most notable administrative proceeding took place in 1991 before the Fire and Police Commission and involved the disciplinary proceedings of Milwaukee Police Officers John Balcerzak and Joseph Gabrish for failing to properly investigate serial killer Jeffrey Dahmer and one of his victims.
Konerak Sinthasomphone was a 14-year-old Laotian immigrant, who had escaped Dahmer's apartment and ran out into the neighborhood. Bystanders called police. When Officers Balcerzak and Gabrish arrived on the scene, Sinthasomphone was disoriented, naked and bleeding.
Dahmer managed to convince the officers that Sinthasomphone was his 19-year-old gay lover. Without investigating the circumstances further, the officers returned the boy to Dahmer's custody, inside Dahmer's apartment.
Meanwhile, three African-American women were also on the scene when Sinthasomphone escaped and tried to convince the officers that something was wrong.
What made this case so noteworthy was the pretrial evidentiary rulings with respect to what evidence was available for use. For example, there were hundreds of photographs of Dahmer's apartment; recordings of the officers' radio transmissions; employment histories of the police officers; and the police department's internal affairs investigation reports.
Marquette Law Professor Dan Blinka was the hearing examiner and set a very aggressive scheduling order for these pretrial issues to be resolved. At the same time, there was community pressure on the commission from the Mayor John Norquist's office, the Milwaukee Police Association and the public at large.
Previous runs for political office: Successful campaigns for Circuit Court in 1997, 2003, 2009, 2015; unsuccessful run for Wisconsin Supreme Court in 2016.
Position or involvement in judicial, non-partisan, or partisan political campaign, committee, or organization:
Donated $20 to State Rep. Mandela Barnes (D-Milwaukee) in 2015.
All judicial or non-partisan candidates endorsed in the last six years:
It has been my practice to endorse incumbent judges or judicial candidates who would bring diversity to the bench.
(Note - Donald did not provide requested information, which includes each endorsed candidate's name, office sought, and year of endorsement.)
Professional or civic and charitable organizations:
Housing Authority of the City of Milwaukee, Board member, 2014 to present
Milwaukee County Historical Society, Board member, 2017 to present
Urban Day School, Board member, 2000 to present
American Constitution Society, member, 2016 to present
Milwaukee Bar Association, 1996 to present
State Bar of Wisconsin, member, 1988 to present
Milwaukee Area Technical College, Board member, 1990 to 1994
Milwaukee Institute of Art and Design, Board member, 2000 to 2005
Harambee Community School, Board member, 1996 to 2000
Marquette Law School Alumni Board, Board member/president, 2003 to 2007
Juvenile Corrections Study Committee, member, July, 2018 to October, 2018
Mother of Good Counsel Parish, Board member, 1996 to 2000
Next Act Theater, Board member, 1993 to 1996
Race, Equity, and Procedural Justice, member, 2014 to present
Department of Children and Families, Advisory Committee member, 2018 to present
State Bar of Wisconsin, Mass/Disparate Incarceration Committee, 2018 to present
State Supreme Court, Policy and Planning Committee, 2015 to present
American Cancer Society, Ambassador board member, 2015 to 2016
Elected or appointed public offices:
Milwaukee Area Technical College Board, 1991 to 1994 – elected by Board.
Milwaukee Housing Authority, 2014 to present – appointed by Common Council
Significant pro bono legal work or volunteer service:
Involvement in business interests:
Board member, Travaux Inc., real estate development (Milwaukee Housing Authority). I am prepared to resign from Travaux.
Why I want to be a judge –
I want to serve the people of Wisconsin as a Court of Appeals Judge because I want to ensure that our courts are fair, impartial and free from the influence of special interests and politics. If our courts become too closely aligned with our legislative and executive branches, citizens can become victims of the system.
During my 23 years as a circuit judge, I have observed significant changes in our approaches to addressing crime, and I believe some of these changes were influenced by political policy and special interests.
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