"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. Italics indicate direct quotes from the application. Name: Kristela L. Cervera Appointed to: Milwaukee County Circuit Court Appointment date: Oct. 29, 2021 (on ballot for April 5, 2022, election) Education: Law School – University of Wisconsin-Madison Undergraduate – University of Wisconsin-Madison High School – Rufus King High, Milwaukee Recent legal employment: March 2019-present – Assistant Family Court commissioner, Milwaukee County Family Court Commission March 2005-March 2019 – Legal counsel I, Milwaukee County Department of Child Support Services August 2003-March 2005 – Legal department managing attorney, Esperanza Unida, Milwaukee January 2002-August 2003 – Assistant district attorney, Kenosha County District Attorney’s office Bar and Administrative Memberships: Wisconsin Bar General character of practice: I am a judicial officer appointed by the Milwaukee County Circuit Court to preside over hearings in family court pertaining to paternity, divorce, contempt, and actions to compel support. The hearings involve represented and pro se litigants, and Guardians ad Litem representing the best interests of children. In addition, I conduct evidentiary hearings for domestic violence and harassment injunctions. Prior to this role, I represented the State of Wisconsin's interests in the establishment of paternity for children, and established and enforced child support orders using procedures mandated by federal regulation, state statutes, case law, administrative rules, and local policies. In this capacity, I participated in an annual Fatherhood Summit in collaboration with local organizations since its inception in 2006, and provided bilingual information to individuals at the Marquette Volunteer Legal Clinic from 2005 to 2014. Describe typical clients: Throughout my career, I have routinely engaged with pro se individuals from the community of diverse racial, socioeconomic, cultural and ethnic backgrounds, in Spanish if preferred. Additionally, I represented low income individuals and undocumented immigrants who were primarily Spanish-speaking in worker's compensation and unemployment insurance claims as an attorney for Esperanza Unida, Inc., an organization dedicated to improving the employability of workers in Milwaukee. Number of cases tried to verdict: 10 jury trials and several bench trials List up to three significant trials, appeals, or other legal matters in which you participated as a judge or lawyer in the past seven years: In re the Paternity of T. J. D. C., 310 Wis. 2d 786, 750 N.W.2d 957, published decision dated and filed March 18, 2008: I represented the State of Wisconsin as petitioner-respondent in its response to the appeal to the Wisconsin Court of Appeals. It was part of my role as legal counsel for the Milwaukee County Department of Child Support Services. Brief statement of the issue: The parties in this case married subsequent to the birth of their child (T. J. D. C.) and disputed the State-filed paternity action to establish the respondent-appellant husband as the father of T. J. D. C. The parents failed to take administrative steps to establish paternity and disputed the state-filed paternity case because they had intermarried and believed that the paternity case was no longer valid. The final disposition of the case was in favor of the State of Wisconsin. My participation in the circuit court case followed by this appeal was from 2006 to 2008. Hendrick v. Hendrick, 2009 WI App 33, 316 Wis.2d 479, 765 N.W.2d 865, published decision dated and filed February 10, 2009: I represented the State of Wisconsin as petitioner-respondent in its response to the appeal to the Wisconsin Court of Appeals. It was part of my role as legal counsel for the Milwaukee County Department of Child Support Services. Brief statement of the issue: A putative father disputed the court's decision to overcome a marital presumption of paternity pertaining to his biological child's stepfather. The final disposition was in favor of the State of Wisconsin. My participation in the circuit court case followed by this appeal was from 2007 to 2009. Experience in adversary proceedings before administrative bodies: As the Managing Attorney for Esperanza Unida, Inc., I represented individuals in worker's compensation and unemployment insurance hearings. Describe your non-litigation experience (e.g., arbitration, mediation). I have completed 40 hours of coursework in divorce mediation skills at the Northwestern University School of Professional Studies in Chicago, IL.
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"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. Italics indicate direct quotes from the application. Name: Jacob B. Frost Appointed to: Dane County Circuit Court Appointment date: June 5, 2020 (elected April 2021) Education: Law School – University of Wisconsin-Madison Undergraduate – University of Wisconsin-Madison High School – Lincoln High, Wisconsin Rapids, WI Recent legal employment: January 2019-present – Partner with Boardman & Clarke LLP, Madison July 2010-December 2018 – Associate attorney with Boardman & Clarke Bar and Administrative Memberships: Wisconsin Bar Western District of Wisconsin – district and bankruptcy court Eastern District of Wisconsin – district and bankruptcy court Seventh Circuit Court of Appeals General character of practice: I primarily practice civil litigation and family law at all stages of disputes, from attempting to resolve the dispute without litigation through trial and post-judgment disputes. I also handle appeals as they come up in my cases. Further, I represent clients in administrative proceedings on landlord/tenant matters, including fair housing complaints, as well as in DATCP (Wisconsin Department of Agriculture, Trade & Consumer Protection) investigations for both landlord/tenant matters and dealership matters. Describe typical clients: Landlord/Tenant – I represent landlords. My main client manages a variety of subsidized housing, which involves issues under federal law in addition to state law. I also represent market rate landlords in lease drafting, eviction, DATCP investigations, and equal housing proceedings in the ERD (Equal Rights Division of the Wisconsin Department of Workforce Development). Family law – My clients include men and women in divorce and post-divorce proceedings. Collection law – I generally represent businesses seeking payment of debts from other businesses. Some of my collections are for individuals, businesses and banks to collect against individuals. This area also involves practicing in bankruptcy court to protect creditor’s rights. My general civil litigation most often includes representing businesses on various issues, but on many cases also includes representing individuals. Number of cases tried to verdict: Zero to a jury. Dozens to the court. List up to three significant trials, appeals, or other legal matters in which you participated as a judge or lawyer in the past seven years: I participated in a pro bono project to represented (sic) a victim of domestic abuse to secure a domestic abuse injunction against her prior boyfriend. DAIS (Domestic Abuse Intervention Services) and Quarles & Brady administer the program. DAIS handles filing the case. I handled the trial. The decision was then appealed, and I assisted in defending the injunction on appeal. Judge Stephen Ehlke presided in Dane County Circuit Court and granted the injunction to my client. His decision was upheld on appeal, with the Court of Appeals decision issued April 16, 2020. This representation was significant to me for three reasons. One, assisting a victim of abuse to secure an injunction so she could again feel safe was perhaps the strongest example of any case I handled where the outcome was absolutely essential to my client and emphasized the importance of our legal system – to secure justice and protect people. Two, Judge Ehlke ran his courtroom incredibly efficiently while still ensuring fairness to all. Judge Ehlke had a series of injunction trials with perhaps 15 minutes set for each. He maximized this short time by leading the direct examination while still allowing all sides to present evidence. This example of how to run a courtroom is one I intend to learn from and use as a judge. Third, appeals are fairly rare so always special. Being able to defend the circuit court ruling on appeal was very rewarding and enjoyable, as the legal research and brief writing involved on appeal is challenging and fun. I defended a landlord from a baseless discrimination complaint filed by an unhappy applicant. The proceedings started in the ERD. At the probable cause level, ALJ (Administrative Law Judge) John Carlson dismissed the claim as baseless. While the ERD proceeding was pending (after hearing and briefing, but before the ALJ's decision), Petitioner filed a lawsuit before Judge Niess in Dane County Circuit Court. In it, he sued ALJ Carlson for taking too long to issue a decision and sued my client asserting the same claims as in the ERD. Judge Niess dismissed the lawsuit on summary judgment, holding that the ALJ decision was entitled to preclusive effect and barred the claim from being asserted a second time in court. The petitioner then appealed Judge Niess' decision and my client prevailed on appeal. This case was unique because it went before three decision makers. I was able to defend my client in administrative, circuit court and appellate proceedings. This case also stands out in my mind as highlighting that a baseless claim can cause incredible expense and hassle to an innocent party. Therefore, it is crucial that our legal system operate efficiently to dismiss baseless claims at the earliest possible point. ALJ Carlson, Judge Niess and the Court of Appeals each did just that, ensuring the toll on my client was minimized, though the effort and expense was still tremendous. That is how the legal system should work and will be my philosophy as a Judge — to maintain an efficient courtroom with as little unnecessary delay and expense as possible, while always ensuring a fair proceeding for all parties. Experience in adversary proceedings before administrative bodies: I represented clients in employment discrimination and housing discrimination claims in the ERD. I assisted clients in mediation of consumer complaints through DATCP, as well as assisted clients in responding to Civil Investigative Demands issued by DATCP and working with DATCP to resolve any concerns about my client's conduct. Those DATCP proceedings involved both landlords and dealership clients. I also appeared in Madison on a rent abatement mediation for a landlord. Lastly, I am currently assisting a landlord in a municipal complaint for housing code violations, working with the landlord to resolve the violations to the satisfaction of the City of Madison. Describe your non-litigation experience (e.g., arbitration, mediation). I volunteer as a mediator for the Dane County Bar Case Mediation Program for family law disputes. I have conducted I believe 5 or 6 mediations in that program. I estimate that 80% of my lawsuits go to mediation, and the majority of those resolve at mediation. Almost all of my divorce actions attempt mediation if we cannot settle directly, and the majority of those resolve in mediation. I also use mediation/arbitration in certain family law proceedings, where we start in mediation then switch to arbitration when mediation is unsuccessful. Position or involvement in judicial, non-partisan, or partisan political campaign, committee, or organization: None since college. In college I volunteered for a variety of general Democratic party phone banks, as well as for Russ Feingold’s campaign in 2004. I cannot specifically recall, but believe I volunteered for Governor Doyle’s re-election campaign in 2006. Previous runs for public office: None All judicial or non-partisan candidates endorsed in the last ten years: Judge Jill Karofsky for Wisconsin Supreme Court, 2020 Judge Lisa Neubauer for Wisconsin Supreme Court, 2019 Professional or civic and charitable organizations: Dane County Bar Association, treasurer, July 2019-present State Bar-Bar Relations Committee, 2014-present Access to Independence, treasurer, secretary, VP and president, 2012-2018 Community Around the Children’s Hospital, 2014-2016 Leadership Greater Madison, 2015 State Bar Leadership Development Summit, inaugural class, 2013 National Association of Dealer Counsel, 2020 Significant pro bono legal work or volunteer service: I volunteer at least twice yearly for the Small Claims Assistance Program at the Dane County courthouse, assisting pro se parties in understanding the process and procedures for small claims and providing general guidance in completing the relevant court forms. I participate in the State Bar Lawyer Hotline service through my firm. 1 or 2 times yearly I call persons as directed by the State Bar to provide general guidance on legal questions, usually calling 4 or 5 persons each time. I represented a victim of domestic abuse at trial and on appeal to secure and defend a domestic abuse injunction. Trial was in April 2019 and the appeal decision was issued on 4/16/2020. I represented two different inmates on referrals from the Western District of Wisconsin to our firm. The lawsuits were filed by the inmates, but referred for counsel after the District Judge deemed the claims likely to have merit. Both lawsuits involved claims for violation of the client's right to receive proper medical treatment while in prison. One resolved by settlement just before trial, the other due to the tragic death of the client. I was a guest lecturer at the UW Law School Lawyering Skills Class teaching landlord/tenant law to law students in March 2020 for 3 days. Quotes: Why I want to be a judge — First, I want to use my position as Judge to maximize parties’ access to counsel and the Court. Though a problem bigger than any one judge, I have witnessed firsthand that a judge’s innocuous decisions greatly affect access to counsel and the court. For example, requiring parties and counsel to appear in person for a scheduling conference or status conference that could easily be conducted by phone can greatly increase the cost of going to court. This is especially true when multiple appearances are required, as is often the case during a family law proceeding. I have experienced parties deciding to let go of counsel or discontinue a meritorious pursuit because it becomes unaffordable. Increasing the cost to access our courts guarantees two things: our poorer citizens will have less access to justice or to counsel. Paying an attorney for 30 minutes to an hour for time spent travelling to court and sitting in court can cost hundreds of dollars, when a 15-minute phone call is just a fraction of that expense. A party missing hours or a ½ day of work may prevent participation in court at all, particularly for low income persons. I will run my courtroom to minimize these unnecessary expenses and impediments to accessing the legal system, expenses that disproportionately harm the poor. I will also strive to convince my colleagues in Dane County and throughout the State to do the same. Second, I want to bring new diversity to the Bench. Our courts lack almost any diversity of physical ability and the unique perspectives a Judge with such diversity brings to the courtroom. I have Spinal Muscular Atrophy and have used a power wheelchair most of my life. My entire life I contended with the unique challenges a significant physical disability creates. Doing so taught me a deep degree of patience, an understanding of the importance of the challenges we all face in life, and most importantly, an unwavering appreciation for the help of others. This appreciation extends to those who help me in every courthouse I practice in. Though most have an automatic door to enter the building, none have similar accommodations to enter other areas including the literal doors to the courtrooms. I ask and receive help managing those doors, moving chairs or tables to sit at counsel’s bench, and from clients and bailiffs who help me move my files. Bailiffs also assist me in distributing exhibits. As a Judge, I understand and will view my role in part as being there to help the parties before me. After all, the reason most parties come to court is to secure help on some issue. I will also bring these lessons of respect, patience and appreciation to my courtroom and to raise discussion amongst judges regarding how to make our legal system more inclusive for all, including those with physical limitations. Describe which case in the past 25 years by the Wisconsin Supreme Court or U.S. Supreme Court you believe had a significant positive or negative impact on the people of Wisconsin. Rucho v. Common Cause, 139 S. Ct. 2484 (2019), stands out as particularly damaging to the people of Wisconsin for at least two reasons. As background, this case effectively decided that federal courts cannot address the scourge of partisan gerrymandering. This came after years of the Supreme Court dancing around the edges of this issue but not finding a solution and effectively nullified those efforts to find a way to address the issue by effectively declaring partisan gerrymandering beyond the reach of our federal courts. As Gill v. Whitford, also decided by the US Supreme Court, explained, partisan gerrymandering is a problem in Wisconsin, as Wisconsin’s 2011 district maps were gerrymandered specifically, and quite effectively, to improve the ability of Republicans to win a majority in the State Assembly and Senate, as well as in the federal districts for the House of Representatives. Democrats in Wisconsin have suffered nearly 10 years now from having their vote count less, or arguably not at all in some cases, because of unfairly formed districts. However, this does not harm only Democrats, as gerrymandering can be used by either party. The Supreme Court’s refusal to address extreme partisan gerrymandering effectively stamped the US Supreme Court’s approval on both political parties interfering with the right to vote based solely on political affiliation. The first way this decision harms Wisconsinites is because it allows attack against the very foundation of our republic – that we elect our officials – by nullifying the idea that every person’s vote should count equally. Having your vote count of course cannot mean that your preferred candidate always wins, but it MUST mean that your vote will not be intentionally diluted because of your political beliefs to maintain an unfair political advantage. If we cannot trust that all votes are fairly counted, how can our system stand as legitimate and fair? Citizens must live with the fact that the other party will win some elections and you will disagree with their decisions at times. Citizens must not be prevented from ever having a fair shot to elect the person they prefer from the outset. The second reason this decision damages Wisconsinites is that the Supreme Court handcuffed the federal judicial system from helping victims of extreme partisan gerrymandering. As the dissent in Rucho notes, contrary to the majority’s insistence there is no workable judicial solution to the partisan gerrymandering problem, federal district courts were actively implementing judicial solutions that were fair and non-partisan. For the Supreme Court to handcuff federal courts, which so often have stood as the last bastion of civil rights, is shocking and terrifying. If our courts cannot protect the right to vote against partisan attack, who will? What else will the Supreme Court declare beyond the protection of our judicial system? How can Wisconsinites trust the legitimacy of the federal judiciary when it refuses to even try to protect this right to vote? Our courts must stand for something more. Two or three judges whom I admire and why: Judge Richard Niess of Dane County has long provided the example of what I want from a Judge. Judge Niess is always 110% prepared for every hearing, having reviewed the pleadings and considered the legal issues ahead of time. He uses hearings effectively to obtain the answers needed to resolve each issue. He minimizes, if not eliminates, wasted time on irrelevant issues. Judge Niess proactively requests briefing on issues he identifies that were not addressed already, protecting counsel from being blindsided by questions on issues not researched, saving the embarrassment of not knowing the answer in front of your client while also allowing counsel to research the answer. This ensures fairness and efficiency in court. Clients also see that Judge Niess treats the issues before him as important and wants to correctly apply the law to the facts. This increases my client’s feeling that, even if we lost on the issue, the hearing was fair. An unprepared judge does the opposite, leaving clients feeling as though their time was wasted and the decision unfair, even if it was correct. I will bring this same devotion to preparation and properly applying the law to every case. Judge Niess also does not shy away from doing what is right even on high profile cases, rather than swaying to public or political pressure. Judges must do this to maintain trust in the legal system. Dane County Judge Jill Karofsky also holds my admiration. Her background is in criminal law and she volunteers to parties and counsel when she is not an expert and asks for citation to the laws she must apply. In a family law matter with real estate and contempt issues and in an eviction trial involving state and federal concerns for subsidized housing, Judge Karofsky took time during the hearing to retire to chambers to review the law and then applied it to reach the correct result under the facts. That eviction also showed me that Judge Karofsky was never motivated by political or personal benefit. That case occurred during her campaign for Wisconsin Supreme Court. Surely evicting a low-income tenant would make a negative campaign ad, yet her election never entered her mind. She applied the facts and law exactly correctly, issuing eviction as the facts warranted. I admire that. Every litigant deserves to have his or her case decided on the facts and law without worry about the Judge’s personal preference or convenience. I will bring that same attitude of fairness and impartiality to my courtroom, as well as the same willingness to admit when I am not an expert. I will put in the time and effort to learn the law when it is beyond the scope of my knowledge. The proper role of a judge: The circuit court judge is the gatekeeper to justice and most directly controls whether each case is conducted fairly and impartially. He or she must promptly dismiss cases that lack support, yet must devote the hours of work, in and out of court, to ensure justice in those cases that require years of effort in pretrial motions and ultimately trial. A judge must allow all parties to create a clean, clear record for appeal, while also effectively managing the courtroom to minimize errors. The Judge must faithfully review the facts and apply the law to them so that an appeal is not needed. It is a unique role. Only the circuit court judge rules on objections AT TRIAL, stops improper conduct of witnesses or lawyers AT TRIAL before it taints the proceeding, and evaluates witnesses AT TRIAL to determine credibility. The circuit court judge must nimbly apply the law, which requires devotion to learning the law before entering the courtroom. He or she does not enjoy the benefit an appellate judge or justice has, having ample time to review the record and the law over weeks or months. I love that aspect of litigation – being in court, observing the numerous happenings all at once, reacting in real time as objections are made, new facts responded to and new legal issues addressed. It is thrilling and will be exciting every day I come to court. The circuit court judge must also ensure laws are followed. Most cases will never reach an appellate court, much less the Supreme Court. A circuit court judge is often the only person enforcing our laws. He protects a tenant from an unlawful eviction. She decides whether an injunction is appropriate. He ensures court orders are followed, regardless who is ignoring the orders. She is the face of the judiciary to most citizens, who will never appear before an appellate court judge or justice. Circuit court judges most directly affect the faith each litigant has in our judicial system. Connected to that last point, a final proper role I want to bring as judge is as an active community member. I suspect most Dane County citizens cannot name even 1 circuit court judge. Part of that is public indifference, but part is that our judges are not actively in the community. Judges should participate with the communities they serve. Judges should speak with students in our schools, interact with business groups who often use our courts, and interact with all members of the community, rich or poor, weak and powerful. Judges as ambassadors to the community outside of the courtroom will, I believe, increase the community’s trust in the value and impartiality of our courts. It will also provide me, as judge, a broader perspective and understanding of my role in the community and better learn how to ensure the public believes our courts are fair. "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. Italics indicates direct quotes from the application. Name: Kori L. Ashley Appointed to: Milwaukee County Circuit Court Appointment date: June 5, 2020 (elected April 2021) Education: Law School – University of Wisconsin-Madison Undergraduate – DePaul University, Chicago, Illinois High School – Divine Savior Holy Angels, Milwaukee, Wisconsin Recent legal employment: August 2016-present – Legal Action of Wisconsin February 2013-October 2016 – Alex Flynn and Associates, Milwaukee Bar and Administrative Memberships: Wisconsin State Bar Eastern District of Wisconsin Western District of Wisconsin General character of practice: Public interest attorney in Legal Action of Wisconsin's Milwaukee office and its "Road to Opportunity Project," representing low-income persons in proceedings to remove civil legal barriers to employment. Legal issues include civil proceedings such as petitions for expungement, driver's license restoration, municipal court representation, and administrative requests to the DOJ Crime Information Bureau. Work includes administering two grants, the Juvenile Reentry Project (JRAP), and Milwaukee Municipal Court Project. The JRAP grant involved representing youth up to age 25 in matters pertaining to the expungement of records, mitigation of court date, and housing matters. The project's goal was to ensure that young people had sufficient opportunity to find gainful employment. The Milwaukee Municipal Court Project involved representing low-income people who received job hindering tickets such as retail theft, possession of marijuana, and disorderly conduct in Milwaukee Municipal Court. Earlier Legal Action of Wisconsin work included its Shiffra/Green Project, a DOJ funded grant enforcing the privacy and safety rights afforded to crime victims pursuant to Wisconsin Chapter 950. Describe typical clients: Legal Action is a non-profit law firm that provides civil legal aid to persons at either 125% or 200% of the federal poverty guidelines. The firm's Elder Rights Project is the only specialty area that is not subject to those income limitations. Currently, my clients have all virtually had some contact with the criminal justice system resulting some type of conviction record for either a felony, misdemeanor, or civil offense. I specialize in employment law – specifically as it pertains to the mitigation conviction records. The majority of my clients are African American, and reside in Milwaukee County. My client ages have ranged from as young as 11 years old to clients well into their 70's. Most recently, many of my clients have suffered from severe mental health issues, which has resulted in my coordinating with treating physicians and case mangers to ensure comprehensive representation, Number of cases tried to verdict: Two, plus co-counsel on five cases while with Alex Flynn and Associates. List up to three significant trials, appeals, or other legal matters in which you participated as a judge or lawyer in the past seven years: My most recent significant case originated as a fingerprint removal request to the Department of Justice's Crime Information Bureau requesting removal of various arrest cycles from a client's criminal history report that neither resulted in a charge, nor conviction. After the request was denied, I filed an appeal of the decision to Milwaukee Circuit Court pursuant to Wisconsin Statute 227. The court, the Honorable William Pocan, ruled in my client's favor, and ordered DOJ to remove the requested cycles from my client's background report finding that DOJ erred in its interpretation of Wisconsin Statue 165.84(1). The DOJ appealed the court's decision in November of 2018. District II of the Wisconsin Court of Appeals heard oral argument in the matter on December 17, 2020. The case is currently awaiting the court's decision. I am lead counsel on the case and have been involved since the initial fingerprint removal request in October of 2017. The case is one of first impression. The question presented is whether a municipal conviction involving a charge arising months or years before an arrest on a wholly unrelated criminal matter prevents the return of the fingerprint record when the individual is not convicted of the criminal offense in question. The circuit court answered, No – and found that there must be a "nexus" that links a charge and arrest beyond the two being listed on a single fingerprint card. Practically – this meant that for my client, an arrest for second degree sex assault, and possession of electronic weapon – two offenses that he was not charged or convicted of have been removed from his background report. It goes without saying that these aggravated offenses were hindering his job and housing opportunities. This decision stands to clarify an area of the law that is critically important to those seeking employment, housing and educational opportunities who have had contact with the criminal justice system. WJI note: The Court of Appeals heard oral argument in December 2019, not 2020. It ruled in favor of Ashley's client, Demonta Anthony Hall, in February, 2020, shortly after Ashley applied for the judgeship. During my time representing crime victims in the firm's Shiffra/Green project I represented a client in Juneau County who had a host of family law issues. Her child's father was in constant violation of a domestic abuse restraining order and in spite of being criminally charged for the violations, the behavior continued. To get around the restraining order, he used the family court order, which did not have parity with the restraining order to have additional, inappropriate, contact with her. I filed a motion in family court to ensure that the same restrictions to their contact that existed within the restraining order were also in the family court orders. I also sought a contempt order for the flagrant violations of a temporary order put in place shortly after the motion was filed. The case ultimately proceeded to a 3-day trial on the modification request. At the conclusion, the court found the respondent in contempt of the temporary order, and issued an order ensuring that the restrictions within the restraining order applied to the family court order. My client … could not afford a private attorney to assist her in navigating this process. This case is a great illustration of why civil legal aid is so important, especially as it pertains to victims of crime. I was lead counsel in Racine County Case No. 2014CMD00977 where our client was charged with 171 counts of mistreatment of animals. Due to the volume of charges, the case received significant media attention. The case was incredibly complex, involving the use of multiple experts … (and) multiple motions to dismiss, suppress, as well as a motion for a bill of particulars. The suppression motion, which I argued, resulted in 47 of the counts being dismissed. Ultimately, the case resolved shortly before the scheduled trial, and our client pled guilty to three counts of shelter violations and received a sentence of probation. The client was facing a potential prison sentence based on the volume of counts in the criminal complaint. It was incredibly satisfying to reach a disposition which allowed her to maintain her freedom. Experience in adversary proceedings before administrative bodies: Attorney Celia Jackson and I represented a federal employee in a discrimination case before the EEOC in 2016. The client alleged discrimination based on race, and gender. The case resulted in multiple depositions and ultimately a trial before Administrative Law Judge Deborah Powers. The court found in our client's favor on one claim. "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. Italics indicate a direct quote from the judge's application. Name: Mario D. White Appointed to: Dane County Circuit Court Appointment date: June 2, 2020 (elected April 2021) Education: Law School – University of Wisconsin Undergraduate – Oklahoma State University, Stillwater, Oklahoma High School – Oklahoma School of Science and Mathematics, Oklahoma City, Oklahoma Recent legal employment: March 2018-present -- Dane County Circuit Court commissioner September 2008-present -- Adjunct faculty, University of Wisconsin Law School June 2008-March 2018 -- Assistant state public defender, Wisconsin State Public Defender General character of practice: Circuit court commissioner, primarily for family, small claims matters, and criminal cases. Earlier worked as an assistant state public defender representing indigent clients charged with misdemeanors and felonies, during initial appearances, bail hearings, trial and sentencing hearings. Also represented clients facing revocation of probation or extended supervision. Describe typical clients: Prior to becoming a commissioner, my practice area was criminal defense. As a public defender, all my clients were indigent. Many of my clients had difficulty reading or had limited education. Many struggled with substance abuse, mental health issues and homelessness. Some of my clients did not believe they would be treated fairly by the court system. I had many clients who were in jail or in prison. I would regularly go to the jail to meet with those clients to give them updates on their case or just talk with them about things. Sometimes they became frustrated, which required me to use the patience and listening skills I developed as a teacher. Remaining calm under pressure, being patient, and listening were things I did in order to help foster a healthy attorney-client relationship. These are critical skills that I have honed over my years of practice. As a circuit court commissioner, I do not represent clients. However, I have become knowledgeable in areas of civil practice. I routinely preside over small claims matters, which cover a wide range of civil law, from contract dispute to torts. Many of the litigants in small claims are unrepresented and lack familiarity with the legal system. I have become skilled at explaining the legal basis for my decisions. Number of cases tried to verdict: Approximately 30 List up to three significant trials, appeals, or other legal matters in which you participated as a judge or lawyer in the past seven years: State of Wisconsin vs. Tyrone Flood I represented Mr. Flood, an Army vet who struggled with homelessness, who was charged with False Imprisonment, Strangulation and Battery. His female friend alleged that he assaulted her late one night when they were staying in an abandoned house. Mr. Flood maintained his innocence, stating that she had been assaulted by other people. The complainant went to the hospital for examination and DNA was collected from her neck area. Male DNA was detected, but none of it was Mr. Flood's. Despite this, the case went to trial. The complainant testified that Mr. Flood assaulted her. He testified that did not. In the end, the jury acquitted Mr. Flood of all three charges. This was a significant case because it illustrates the power that an accusation can have on someone. Mr. Flood spent months in jail waiting for this trial. The initial complaint was filed January 5, 2015. He was. released from jail on April 6, 2015 and he was acquitted August 19, 2015. State of Wisconsin vs. Bobby Eleby Trial date: May 23, 2017 Mr Eleby was charged with 13 different offenses: 3 counts of Strangulation, 5 counts of Battery, 2 counts of Felony Bail Jumping, 2 counts of Disorderly Conduct and one count of False Imprisonment. It was alleged that on two separate days he assaulted his girlfriend. The case required extensive investigation on my part. Mr. Eleby was convicted of 6 of the 13 counts. The case was significant because there was a great deal of investigation and advocacy involved. The jury heard evidence that Mr. Eleby assaulted the same woman on two different days. My fear was that the jury would convict on all counts simply because of the number of allegations. Instead, the jury listened carefully and believed only one of the assaults took place. State of Wisconsin vs. Victor Spidell Mr. Spidell had several cases filed against him related to his struggles with addiction. He was a young college freshman who had a great deal of potential. Because he was deemed 'low-risk' for drug use, he did not qualify for the drug court program. Since he had a prior conviction, he could participate in the deferred prosecution program through the DA's office. Our only option was to proceed with probation. Sadly, this case took a tragic turn when he overdosed and died in May of 2017. This case continues to haunt me. It illustrates the shortcomings in the criminal justice system's handling of addiction. Experience in adversary proceedings before administrative bodies: As a public defender I regularly represented people facing probation or extended supervision revocation. These hearings were conducted in the Dane County Jail before an administrative law judge… If the client was facing revocation because of alleged criminal conduct, the hearings gave us an opportunity to test some the evidence and gain useful information. Position or involvement in judicial, non-partisan, or partisan political campaign, committee, or organization: Volunteer: Lanford for Judge Volunteer: Berz for Judge Volunteer: Fair Wisconsin Previous runs for public office: None listed All judicial or non-partisan candidates endorsed in the last ten years: Judge Ellen Berz, Dane County Circuit Court judge, 2012 Judge Rhonda Lanford, Dane County Circuit Court judge, 2013 Professional or civic and charitable organizations: Out Professional Engagement Network, 2009-Present Dane County Bar Association, 2013-present. Co-chair, Criminal Law Section, 2013-2015 National Association of Criminal Defense Lawyers, 2016-2019 Significant pro bono legal work or volunteer service: Helping to train lawyers has been the most significant pro bono work I have done…. My love of teaching and my strong desire to improve legal practice drive me to continue to train and mentor young lawyers. In many of these training programs. the participants work on their own cases. We are able to formulate trial strategies, including theories of defense, develop avenues for more investigation and examine potential weaknesses in their case. Participants leave the program with a better understanding of their case, which has resulted in acquittals or a reduction in charges for their clients…. Quotes: Why I want to be a judge — Throughout my career, I have been an advocate and an educator. From classrooms in Texas to courtrooms in Wisconsin, I have strived to improve the lives of those I encounter. As an attorney and court commissioner, I have seen the enormous influence judges can have on an individual and on society. I want to be a judge so that I can bring my passion for equal justice and education to the bench. During my years as a public defender, I had many clients who felt the system was biased against them because of their race. Like me, many of my clients were African-American. Generally, they were arrested by a white police officer, charged by a white prosecutor, tried before a white jury and sentenced by a white judge. The best tool I had to convince them they could be treated fairly was to be a strong advocate for them. To that end, I challenged prosecutors to prove their case, implored judges to see the client’s humanity, and worked to convince juries of my client’s innocence. In addition to being my client’s advocate, I was also their teacher. I counseled them on the best ways to present themselves before a judge and jury. I explained the reasons for our defense strategy. In order for them to begin to feel the system would treat them fairly, they had to see someone stand up for them and had to understand as much as possible. "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. Italics indicates a direct quote from the judge's application. Name: Jack L. Dávila Appointed to: Milwaukee Country Circuit Court Appointment date: April 9, 2020. (Elected April 2021) Education: Law School – Marquette University Undergraduate – University of Wisconsin-Madison High School – Cedar Grove-Belgium High School, Cedar Grove, Wisconsin Recent legal employment: November 2013-present – The Previant Law Firm, Milwaukee September 2011-October 2013 – Tabak Law, Milwaukee Military service: U.S. Army, 2002-2006 Bar and Administrative Memberships: State Bar of Wisconsin U.S. District Court-Eastern District of Wisconsin General character of practice: Personal injury, worker's compensation, and Social Security disability matters in Wisconsin state courts and before the Wisconsin Department of Workforce Development and the Social Security Administration. My personal injury practice has included representation in auto collision, product liability, premises liability and wrongful death actions. In civil matters I have experience in all aspects of the litigation process, including the initial filing of the summons and complaint, the discovery process (including depositions), motion practice and trial representation. Describe typical clients: My clients are diverse and come from all walks of life. They are regular, hard-working men and women who were injured either on the job or as a result of someone else's negligence. A significant portion of my clients come from Wisconsin's Hispanic community. Number of cases tried to verdict: One List up to three significant trials, appeals, or other legal matters in which you participated as a judge or lawyer in the past seven years Noyce v. Department of Workforce Development Uninsured Employers Fund, et al. Noyce v. Nationwide Mutual Insurance Company, et al. These cases involved a worker's compensation appeal to Wisconsin Court of Appeals and a third-party claim arising out of the same case in Jefferson County. My firm represented the injured worker, David Noyce....I was involved in these cases from approximately 2013 to 2018.…I was involved in all aspects of these matters....This case was significant because it involved complex issues of the interplay between worker's compensation law and third-party negligence law, including statutory interpretation and a question of adherence to longstanding precedent. Ultimately, the biggest reason it was a significant case is because our client suffered a severe traumatic brain injury and, as a result, was unable to return to the work force. His future depended upon the outcome of this case and I am proud that we were able to help him obtain some financial security and hope for his future. Loontjens v. Sentry Insurance et al. This was initially a Milwaukee County case before it was removed to the United States District Court for the Eastern District of Wisconsin before Judge J.P. Stadtmueller. My firm represented plaintiff John Loontjens.…I was involved in this case from approximately 2013 to 2015. I was involved in all aspects of the litigation arising out of this case....Judge Stadtmueller denied summary judgment, allowing the case to move forward. This case was significant because we were able to assist our client who lost an eye while on the job when he was struck by an exploding tire rim that was negligently designed. Meitner v. JLG Industries et al. This was a Dodge County case before Judge Brian Pfitzinger. My firm represented plaintiff Bruce Meitner.…I was involved in this matter from approximately 2016 to 2018....This matter ultimately settled prior to the judge ruling on the motion for summary judgment. Our client was injured when an aerial lift he was working on collapsed from a height of approximately 30 feet, causing him to fall to the ground and suffer injuries to his leg. This case was significant because we were able to help our client obtain some measure of security for his family after he suffered severe injuries to his leg and as a result was unable to return to his employment as a construction worker. Experience in adversary proceedings before administrative bodies: Represents injured workers in worker's compensation matters before the Wisconsin Department of Workforce Development and the Labor and Industry Review Commission. Attends adversarial hearings before a DWD administrative law judge and submits appellate briefs to the Labor and Industry Review Commission, circuit court or Wisconsin Court of Appeals. Describe your non-litigation legal experience (e.g., arbitration, mediation). Participated in many mediations as part of client representation. Position or involvement in judicial, non-partisan, or partisan political campaign, committee, or organization: None. Previous runs for public office: None All judicial or non-partisan candidates endorsed in the last ten years: Ed Fallone Wisconsin Supreme Court justice, 2019 Professional or civic and charitable organizations: Voces de la Frontera Action, board of directors, November 2016-present Wisconsin Hispanic Lawyers Association, treasurer/board of directors, June 2014-May 2018 Wisconsin Association for Justice, member, November 2013-present Labor Council for Latin American Advancement, member, 2016-present American Constitution Society for Law and Policy, member, 2018-present Hispanic Professionals of Greater Milwaukee, member, 2019-present League of United Latin American Citizens, member, 2019-present Significant pro bono legal work or volunteer service: Since 2009, first as a law student and since 2011 as an attorney, I have Volunteered at the Marquette Volunteer Legal Clinic since 2009; volunteer attorney at Voces de l Frontera Legal Clinic since 2016. Quotes Why I want to be a judge – For the past two decades the common thread of my life has been service. From serving in the United States Army, to pro bono work during law school and as an attorney, to my practice representing injured people during a difficult time in their lives, to community service, I have always felt called to help others and serve my community. Serving as a judge would allow me to serve my community on an even greater level. Many of my clients are members of the Latino community. I have seen firsthand the toll it takes on regular working people and their families to be injured and out of work for months, or even years, while waiting for their day in court. I have represented undocumented immigrants who are fearful of seeking legal recourse due to their immigration status. I have insight into the overwhelming feelings of confusion and helplessness that those with little means experience when they are forced to become involved in our justice system. As a judge I will ensure that everyone who enters the courtroom, no matter who they are, what they look like, what zip code they live in, or what their immigration status is, will be treated equally and with dignity and respect. I come from humble beginnings. I grew up in the small town of Cedar Grove, Wisconsin in Sheboygan County, the son of two longtime union members. My mother is a retired public school teacher and school librarian, and my father is a retired machinist who immigrated to the United States from Puerto Rico. My father arrived in this country with an eighth grade education and learned English while working in Chicago’s factories. Both of my parents emphasized education as the key to being successful in life. After graduating from college I enlisted in the United States Army and served as a Spanish linguist non-commissioned officer from 2002-2006. I quickly saw that in basic training everyone was treated the same, no matter what they looked like or where they were from. In this sense the military and the justice system serve as great equalizers; everyone who enters the courtroom should be treated the same no matter who they are. For the past decade I have invested time in organizations that serve Milwaukee’s Latino community. I serve on the board of directors of Voces de la Frontera Action and volunteer at the Voces Legal Clinic. I also volunteer at the Marquette Volunteer Legal Clinic at the United Community Center. I appear regularly at the Mexican Consulate in Milwaukee to give presentations on access to the justice system for injured immigrant workers. My upbringing, military service, law practice, pro bono work and commitment to community service have shaped who I am, and I would bring this experience to the bench. Serving as a judge would be a continuation of my record of service to our country and community, and would provide me with an even greater opportunity to serve my community. "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. Italics indicates direct quotes from the application. WJI note: Much of White's description of Roper v. Simmons below is almost identical to a description published on the Campaign for the Fair Sentencing of Youth website. White acknowledged in an interview Sunday that she erred in not citing the campaign as a source. Her failure to do so "should not have happened," she said. White said she was rushing to finish and submit her application very shortly before the deadline on Nov. 13, 2019. In her hurry, she said, she failed to credit the campaign. "I should have," she said. "I did a lot of cutting and pasting," White said. She often uses other sources when they are reflect her beliefs, she said. "My reputation is citing," she said. "As a Court of Appeals judge, I can't say a word without a source." Name: Maxine Aldridge White Appointed to: Court of Appeals, District I Appointment date: January 2020 (Elected in April 2021.) Education: Law School – Marquette University Law School Master's Degree – University of Southern California (Public Administration) Undergraduate – Alcorn State University, Lorman, MS High School – Gentry High School, Indianola, MS Recent legal employment: August 2015-present – Chief judge, First Judicial District August 1992-present – Milwaukee County circuit judge Bar and Administrative Memberships: Wisconsin State Bar Eastern District Western District Seventh Circuit United States Supreme Court General character of practice before becoming a judge: May 1985-August 1992: assistant United States attorney - Eastern District of Wisconsin; appointed immediately upon graduation from Marquette Law School, becoming the first African American woman to serve in that position and only the second one appointed upon graduation from law school. Represented all federal agencies before the federal courts (except IRS in non-bankruptcy civil matters); practice areas included bankruptcy, affirmative civil litigation, and defense of the federal agencies and interests before federal magistrate, bankruptcy, federal district courts and the Seventh Circuit Court of Appeals August 1991 to August 1992: Legal advisor and instructor - Federal Law Enforcement Training Center Describe typical clients: Experienced trial lawyer practicing before the federal courts as well as leading investigations conducted by federal agents – (DEA, IRS, FBI, Secret Service, federal agency Inspector Generals and Postal Inspectors); responsible for motion practice, trials – court and jury – and appellate arguments in a variety of civil, criminal and bankruptcy cases.... Lead Attorney for the Bankruptcy Unit and attorneys and Project Leader for "Project Triggerlock" a multi-jurisdictional taskforce of federal, state and law enforcement officers and agents. Number of cases tried to verdict: More than 300 List up to three significant trials, appeals, or other legal matters in which you participated as a judge or lawyer in the past seven years: David Rasmussen et al, v. General Motors Corp. et al Matter in court for motion hearing (attorneys' fees, expenses, and incentive awards) Rexnord Industires, (sic) LLC, v. Jamaica Bearings Co, Inc. Matter in court on motion hearing (jurisdiction and motion to stay) (White did not describe the cases further, but attached decisions in two cases to the application as writing samples. She also wrote a handwritten note on the application: See writing samples as examples of 2 significant legal matters with unique issues resolved during the time I presided and decided these 2 cases – each presenting untested areas in the case law in our district). Chief Judge significant projects: MacArthur Foundation Grant Improvement of Services for juvenile offenders and juvenile justice reform Arnold Foundation Pretrial Risk Assessment and Bail reform in Milwaukee County Chief Judges' Subcommittee on Jail for Non Payment of fines, fees and forfeitures Presiding Judge significant projects: Milwaukee Safe Haven for families experiencing domestic violence Experience in adversary proceedings before administrative bodies: Reviewing Court for administrative agency decision Previous runs for political office: Elected to Milwaukee County Circuit Court, Branch 1 Position or involvement in judicial, non-partisan, or partisan political campaign, committee, or organization: Only as a candidate All judicial or non-partisan candidates endorsed in the last ten years: Judge JoAnne Kloppenburg, Wisconsin Supreme Court, 2016 Judge Lisa Neubauer, Wisconsin Court of Appeals Distinct II, 2019 Judge M. Joseph Donald, Wisconsin Supreme Court, 2015 Chief Justice Shirley Abrahamson, Wisconsin Supreme Court, 2008-2009 Professional or civic and charitable organizations: Milwaukee Bar, board member, 2007 to 2015 National Association of Women Judges, district director, 2004 Links Incorporated, Milwaukee chapter president, 1993-present Wisconsin State Bar, conference presenter Marquette University, board and diversity committee Heritage Chorale of Milwaukee, board member Significant pro bono legal work or volunteer service: Wisconsin Association of African American Lawyers, president, Board member and mentor House of Peace, Inc., president, Advisory Board for 15 years Milwaukee Chapter of Links Inc., chapter president Assisted in designing and leading member coalition to Jamaica to deliver National Association of Women Judges, district director - Designed and led historic effort installing portrait of women judges in Wisconsin courthouses - The Color of Justice Involvement in business interests: Not applicable Quotes Why I want to be a judge – Growing up in the Deep South, I lived through times when injustice such as racial segregation was actually empowered by the law. Over time, I witnessed first-hand that the law could be guided by courageous people who challenged the law to become better. It became clear that the law, enabled by lawyers and judges entrusted with its care, has the ability to transform itself, and thereby have a transformative effect on the people that come before the court, and society at large. The law, in spite of a history of empowering so much injustice, could become the means by which lives could change. The law could become the means by which people, rich and poor, regardless of status, in controversies large and small, could at least have their voices heard, and find at least some small measure of justice. To be an arbiter of some portion of this process has been and continues to be, an honor I humbly accepted. More than that, it is a continuing obligation to which I have devoted much of my life. Through the law, we who serve the people as judges have the ability and the solemn obligation to help, to give voice, to smooth the rough road, and to resolve differences in a just manner. "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: Emily I. Lonergan Appointed to: Outagamie County Circuit Court Appointment date: Aug. 19, 2019. (Elected to a six-year term in April 2020) Education: Law School – Marquette University Law School Undergraduate – Marquette University High School – Xavier High School, Appleton, WI Recent legal employment: 2017-present – Attorney, Peterson, Berk & Cross, Appleton 2011-2017 – Gimbel, Reilly, Guerin & Brown, Milwaukee Bar and Administrative Memberships: Wisconsin State Bar Eastern District of Wisconsin – Federal Court U.S. Court of Appeals for the Seventh Circuit General character of practice before becoming a judge: Current practice is primarily personal injury and criminal defense. Also has handled a wide variety of civil and municipal cases. Describe typical clients: I represent clients from all walks of life. There is no commonality in terms of age or socioeconomic status. I have represented public figures with large support networks, clients who suffer from serious mental illnesses, and clients who have no family or friends left in their lives. The one thing that most of my clients do have in common is that they are experiencing what are often the worst moments of their lives--whether they have experienced a catastrophic collision, or whether they have been accused of a crime. Number of cases tried to verdict or judgment: 10 List up to five significant trials, appeals, or other legal matters in which you participated as a judge or lawyer in the past seven years: State v. David E. Meyer – 2017 – I represented David Meyer, who was charged with two counts of Homicide by Intoxicated Use of a Vehicle (2nd and subsequent) for an incident that occurred in August of 2017. My client had no prior criminal record prior to this event, and was living a pro-social lifestyle. He ultimately entered a plea. Janasik et al v. Eckstein – 2012 – Represented the mother of a young man who died in a homicide by intoxicated use of a vehicle civil case. State v. George Steven Burch – 2016 – This case involved the intentional homicide of a young woman. Initially, the young woman's boyfriend was accused of the crime and was incarcerated. I, along with two other attorneys at my prior law firm, represented the boyfriend. We did some substantial investigation and evidence preservation, and had multiple meetings and phone calls with District Attorney (David) Lasee. Our client was innocent and, two weeks after his arrest, I was able to escort him out of the Brown County Jail. Another individual (George Steven Burch} was later accused of the crime and ultimately convicted and sentenced to life in prison. Harrison et al v Eberts MD et al – 2009 – Complex medical malpractice case. Markuas et al v. Orsburn et al – 2014 – Dog bite case with difficult fact scenario. Experience in adversary proceedings before administrative bodies: I have only limited experience in adversary proceedings before an administrative agency or commission, which primarily consists of an investigation for a potential disciplinary matter in a professional licensing case with the Department of Safety and Professional Services. My other dealings with administrative agencies or administrative law judges are typically not adversarial in nature, such as administrative suspension review hearings in OWI cases or the approval of a settlement in a case involving worker's compensation. Previous runs for political office: None. Position or involvement in judicial, non-partisan, or partisan political campaign, committee, or organization: Volunteered for former Outagamie Circuit Judge Joseph Troy during his campaigns. All judicial or non-partisan candidates endorsed in the last six years: Lisa Neubauer, State Supreme Court Rebecca Dallet, State Supreme Court JoAnne Kloppenburg, State Supreme Court Paul Rifelj, Milwaukee County Circuit Court Jean Kies, Milwaukee County Circuit Court Ed Fallone, State Supreme Court Professional or civic and charitable organizations: State Bar of Wisconsin Public Education Committee, 2013-2019 State Bar of Wisconsin Mock Trial Committee, Chair, 2013-present Wisconsin Election Protection Legal Coordinating Committee, 2014-2017 Wisconsin Association for Justice, 2011-present Wisconsin Association for Criminal Defense Lawyers, 2011-present Special Olympics of Wisconsin, 2013-2014 Marquette University Law School, attorney moot court coach, 2011-2014 Significant pro bono legal work or volunteer service: While I have volunteered for various other organizations during the course of my career (Election Protection, the Moot Court Program as a coach, and Special Olympics as a coach, for example), undoubtedly the most volunteer hours I have committed to any one project has been to the high school mock trial program. The program helped shape my own decision to become a lawyer when I was a participant in high school, and I am hopeful that by giving back to the program as an adult I can help to shape the decisions for future lawyers in our state. Involvement in business interests: Not applicable. Quotes Why I want to be a judge – I have been passionate about the law since I was old enough to have something to be passionate about....After earning my law degree I coached mock trial for a Milwaukee Public School charter school for two years. During my first year of coaching and in our very first practice, I asked the students what interaction, if any, they had had with the legal system. The answers varied from juvenile delinquency and truancy to foreclosure cases. Of those that had interacted with the legal system, not one had left that interaction with a positive impression of lawyers and judges. The distinction between the challenges and opportunities those students had during their senior year of high school, as contrasted with the position I was in at the same age, has stayed with me.... Judges can leave positive or negative impressions on litigants, lawyers, jurors and everyone who comes into their courtrooms. These impressions are part of what forms the basis of the public perception of the legal system. Judges are in a unique position to help foster respect and confidence in our legal system. Regardless the outcome of a case, a judge has the opportunity to treat each person with dignity, fairness and respect. If appointed, I would be honored to serve the people of Wisconsin as a judge, and to work hard to leave a positive impression on all those who would enter my courtroom. "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: Larisa V. Benitez-Morgan Appointed to: Kenosha County Circuit Court Appointment date: Feb. 12, 2020 (She is up for election in April 2021) Education: Law School – University of Illinois-Chicago John Marshall Law School Undergraduate – College of William & Mary, Williamsburg, VA High School – Frank W. Cox High School, Virginia Beach, VA Recent legal employment: 2008-present – Assistant state public defender, Kenosha County Bar and Administrative Memberships: Wisconsin Bar Wisconsin State Bar Association Illinois Bar (former member) General character of practice before becoming a judge: Handled a wide variety of cases, including criminal, delinquency, and civil matters. Criminal cases ranged from misdemeanors to homicides; also represented clients in revocation of community supervision proceedings. Juvenile cases ranged from minor to serious offenses. Also represented clients in civil cases such as termination of parental rights, child in need of protection or services (CHIPS), juvenile in need of protection or services, mental health matters, and protective placement (Ch. 55) matters. Earlier private practice included contract disputes, divorce, child custody placement, real estate transactions, and copyright and trademark matters. Describe typical clients: Those who have been accused of a crime as an adult or juvenile, or are subject to mental commitment or protective placement, or are parents in a terminiation-of-parental rights proceeding. Number of cases tried to verdict or judgment: Five jury trials, 51 court trials. Describe up to three significant trials, appeals, or other legal matters in which you participated as a judge or lawyer in the past seven years: As a criminal defense attorney, my role is not only to advocate for my client, but to ensure that the laws of the U.S. and Wisconsin as well as the Constitutional protections afforded all have been followed. In 2015, it was becoming increasingly difficult to zealously advocate for my clients within time limits in CH. 51 matters. Extension hearings were set on the court calendar for one contested hearing with very little time for discovery, let alone the retaining of an expert, and an independent medical examination. The time alloted for this hearing was hardly sufficient to allow for testimony from expert and lay witnesses. Often these hearings would extend well beyond the court's alloted time on their calendar resulting in considerable backup for that court. I filed numerous motions before the court regarding lack of compliance from corporation council (sic) in regards to discovery, and the inability to conduct independent evaluations prior to the hearing. The court ultimately ruled in my favor, and in working together (the court, corporation council (sic), defense council (sic) we were able to change the process of how we handle extension hearings for mental commitments.... I was also instrumental with one of our juvenile judges in setting up the juvenile court team. This team is represented by the stakeholders in the area of juvenile law...and meets monthly to try and resolve any issues we are seeing in how our juvenile court is operating. This group has been highly effective in that it allows everyone to see the constraints each stake holder is operating with and to develop resolutions to address concerns. As an extension of this juvenile group I was asked to participate in the Casey Foundation Judicial project. It is through the work with the Casey Foundation and our child court improvement team, that we were able to reduce the number of children placed out of home and increase the number of children that were able to be safely returned to home. Much of the success we have had in the area of CHIPS cases has been a direct result of helping the parent through the CHIPS proceedings and in meeting their conditions of return. Kenosha is one of the jurisdictions for the Pilot CHIPS program. It is the expectation that if parents have representation throughout a CHIPS action we can reduce the length of time children are placed out of home and thus, the number of children subject to a TPR proceeding. Lastly, I am currently co-council (sic) for a young lady (Chrystul Kizer) who stands accused of a first-degree intentional homicide (of Randall Volar III), arson, OMVOC (operating a motor vehicle without the owner's consent), possession of a firearm by a felon and felony bail jumping. Despite the statue being law since 2007, the affirmative defense in this case is one of first impression in Wisconsin. (The brief asserted that the crime resulted from the defendant being trafficked for sex by the man she killed.) It is our position that our client should be entitled to use this defense. Thus far, the statutory meaning of the statute and proposed jury instructions have been submitted to the court as well as reply briefs. The issue has been argued before the court and the court's oral ruling is expected on December 9, 2019. I have selected both of these briefs as well as the proposed jury instructions as my two writing samples. (Kenosha County Circuit Judge David Wilk limited Kizer's ability to use the defense and said it could not be used for the homicide charge. The matter is under appeal.) Experience in adversary proceedings before administrative bodies: Handled 68 administrative proceedings related to revocation proceedings. NA Previous runs for political office: Position or involvement in judicial, non-partisan, or partisan political campaign, committee, or organization: N/A Position or involvement in judicial, non-partisan, or partisan political campaign, committee, or organization: NA All judicial or non-partisan candidates endorsed in the last six years: N/A Professional or civic and charitable organizations: GALLA, vice president, 2003-2005 Chicago Bar Association, 2006-2014 Illinois State Bar Association, 2006-2014 Illinois Real Estate Association, 2006-2014 American Bar Association, 2006-2014 Wisconsin State Bar Association, 2006-present Elected or appointed public offices: N/A Significant pro bono legal work or volunteer service: Not allowed to take clients outside of job. Speaks at local schools for career day and parent occupation day. Volunteered for several work-related groups and committees. Involvement in business interests: N/A Other: Fluent in Spanish; filed for bankruptcy in 2008 due to medical debt. Quotes: Why I want to be a judge – I believe our laws exist to serve everyone, and that the legal profession and bench should be more reflective of the community in which they serve. While there are an increasing number of females and people of color who are becoming attorneys; myself, many of my peers, as well as members of the community would like to see a more diverse bench. A bench which is reflective of the diversity of Kenosha's population: Whites, Hispanics, African American, Bi-Racial, and LGBTQ individuals. My love for the law and what it represents for all citizens also fuels my desire to be a judge. It is this love and respect for the law that keeps me wanting to learn more and strive for improvement. It is this passion for the justice system that allows me to see issues from a variety of perspectives, analyze and apply to the law to the facts of a given case. It is what drives me daily to give each of my clients the best legal representation I can. Becoming a judge will provide me with the opportunity to continue to serve my community, promote justice and to protect the law.... I believe the citizens of Kenosha are best served by a judge who possesses a thorough understanding of not just the courtroom and the law, but the day to day life of workers, mothers, educators, and all citizens. I possess the legal experience, educational background, work experience, and life experience, to be a capable, tenacious, well rounded and empathetic judge. This is my calling; a vocation for which I am as passionate as I will be dedicated. "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: Anthony J. Stella Jr. Appointed to: Iron County Circuit Court Appointment date: Sept. 26, 2019; elected to a six-year term in 2020. Education: Law School – University of Texas at Austin Undergraduate – University of Wisconsin-Madison High School – Hurley High School Recent legal employment: 2011-present – Semi-retired, part-time private practice. 1997-2010 – Solo private practice 1995-1997 – Iron County district attorney Bar and Administrative Memberships: Wisconsin State Bar Michigan State Bar U.S. District Court, Western District of Wisconsin My membership in the Michigan State Bar was briefly suspended for nonpayment of dues in early 2018 while I was vacationing in Florida and had no pending cases in Michigan. It was reinstated immediately within a matter of days upon payment. General character of practice: My practice covered virtually every area of the law, as is typical of many solo, small-town law practices. Typical clients, areas of specialty: Typical work included representing defendants in criminal or traffic cases, preparing wills and/or estate planning documents, drafting contracts and giving general business advice, drafting real estate documents and litigating real estate cases. I have prosecuted and defended homicide cases. For almost 10 years I filed over 100 claims a year against hardboard siding manufacturers for defective siding on clients' homes. I have represented both plaintiffs and defendants in personal injury cases and breach of contract cases. Although I have not specialized, I particularly enjoy government law and matters related to open records and open meetings. I have represented Iron County as its corporation counsel, the City of Hurley as its Attorney, and the Towns of Knight and Carey as Town Attorney, drafting ordinances, prosecuting ordinance violations, and advising government officials. I have successfully made claims against government bodies for violations of the open records laws, and successfully sued a county board, forcing its members to pay back raises they approved for themselves unlawfully. I have routinely given advice without compensation to local government leaders, including sheriffs, town officials, county officers, county board members, and school officials. Number of cases tried to verdict or judgment: Approximately 15. Describe up to three significant trials, appeals, or other legal matters in which you participated as a judge or lawyer in the past seven years: I represented the plaintiff in a claim against the Mercer School District for violation of the Open Records Law that started and concluded in early 2014....he Court found that the School District violated the law, and awarded attorney fees and costs. I believed the case was important because the District had been a repeat offender of the Open Records Law. The District would routinely deny requests for information with no legal justification, or stall requests for months at a time, and even deny requests from a sitting school board member. Shortly after the case was filed, the District turned over the requested documents. However, I felt it was important to get a judgment declaring that the District committed a violation and an award of fees and costs to my client. Without a judgment there would be no incentive for the school officials to comply with the law in the future – they could merely continue to deny requests and then simply comply once sued, without consequences. To me the case was significant because it resulted in the District promptly complying with requests in subsequent y ears, after years of open-records violation complaints that had been made to local and state officials to no avail. *** "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: Beau Liegeois Appointed to: Brown County Circuit Court Appointment date: Sept. 20, 2019. (Elected to a six-year term in April 2020) Education: Law School – Valparaiso University, Valparasio, IN Undergraduate – University of Wisconsin Madison High School – Green Bay West High School Judge Advocate General training – U.S. Army JAG's Legal Center and School Recent legal employment: 2008-present – Brown County District Attorney's Office 2010-2018 – Wisconsin Army National Guard 2007-2008 – Brown County Corporation Counsel's Office Bar and Administrative Memberships: State of Wisconsin General character of practice before becoming a judge: Mostly criminal prosecution; also active in developing treatment court as an alternative to incarceration. Describe typical clients: Represented military personnel as a defense counsel while a JAG. Also assisted with family law issues, wills, and powers of attorney. Number of cases tried to verdict or judgment: 27 jury trials, 50+ court trials. Describe up to three significant trials, appeals, or other legal matters in which you participated as a judge or lawyer in the past seven years: State v. Riemer – 2015 – Wisconsin Army National Guard – recruiter misconduct – I was assigned as Assistant Trial Counsel (military prosecutor). This was the first General Court Martial in the history of the Wisconsin National Guard. The recruiter committed offenses that were not civilian crimes so the local district attorney was unable to prosecute. However, they were very serious military crimes, so the Adjutant General wanted the offenses prosecuted in a military criminal court. The co-Trial Counsel, CPT Criag Lambert, and I had to draft many court documents from scratch because we were utilizing the Wisconsin Code of Military Justice, Chapter 322 of the Wisconsin Statutes, for the first time in our state's history. The defendant pied guilty to felony offenses and received the first jail sentence in the history of the Wisconsin National Guard. At the conclusion of the case, Craig and I received a meritorious challenge coin from the Adjutant General, Major General Donald Dunbar. State v. Brittany Mefford – Brown County case 13CF295 – 1st degree reckless homicide – delivering drugs – My role was the prosecutor at the jury trial where the defendant was found guilty. This was a complicated case where mulitple (sic) individuals delivered the heroin in a chain before the heroin reached the overdose victim. This defendant was the highest in the chain of deliveries and the first drug dealer in the chaine (sic) who was actually profitting (sic) from the sale of heroin. The overdose victim's family was very involved in the case. The victim's grandmother attended every court hearing, but his mother was so emotionally devastated that she was unable to even walk into the courtroom. The defendant was found guilty at trial and sentenced to 6 years of initial confinement in prison. State v. Maria J. Patino – Brown County case 12CF1570 – Conspiracy to deliver THC – My role was the prosecutor at the jury trial where the defendant was found guilty. This case was part of a large-scale drug trafficking organization that shipped drugs and firearms from California to Brown County. The most significant participants in this conspiracy ended up pleading guilty and received long prison sentences. This conspirator went to trial on her case. It was a difficult case to try because there was no evidence that the defendant ever actually handled the drugs. Her role was laundering hundreds of thousands of dollars that were the proceeds from drug transactions to support the drug trafficking organization. She was sentenced to 2 years of initial confinement in prison. Experience in adversary proceedings before administrative bodies: Represented defendants and the government before the administrative separation board Previous runs for political office: Ran unsuccessfully for the U.S. House of Representatives in 2018. Position or involvement in judicial, non-partisan, or partisan political campaign, committee, or organization: None All judicial or non-partisan candidates endorsed in the last six years: Tony Evers, governor Tammy Baldwin, U.S. Senate Mandela Barnes, Lt. governor Josh Kaul, attorney general Sarah Godlewski, state treasurer David Lasee, Brown County district attorney All of the endorsements were in 2018. |
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