 Inside the Milwaukee County Courthouse. Photograph by Gretchen Schuldt. By Heidi von Helms* and Margo Kirchner
Due to AmeriCorps funding cuts made by the Department of Government Efficiency, the Milwaukee County Courthouse navigator program is gone, and its absence is already affecting courthouse staff and visitors. A recent court victory by Wisconsin and other states challenging the cuts to AmeriCorps funding may not be enough to bring it back. For the past two years, courthouse navigators walked individuals to the department or courtroom they were looking for. The courthouse complex consists of three buildings, each with at least two entrances, and it is easy for members of the public to get lost and confused. With the navigators’ help, fewer people were wandering the halls and trying to figure out on their own what they needed to do and where to go, which made the lives of visitors and courthouse staff easier. When the program’s funding through AmeriCorps grants and volunteers terminated suddenly on April 25, the program was shut down. Now, the courthouse remains as convoluted as ever. A single staff member remains at the information desk on the ground floor, but that person cannot leave to escort people to offices or courtrooms and cannot guarantee that a visitor makes it to the right place. The AmeriCorps information desk and navigator program began in 2023 through the Milwaukee Justice Center (MJC) at the courthouse. MJC staff, who provide legal assistance at the courthouse, noticed they were answering many questions unrelated to the law or courtroom procedure—like where to find parking or which floor has the paternity testing center. MJC staff also found that after they helped people understand and complete legal forms, many of those helped never went through with filing the forms, possibly due to fatigue, confusion or frustration regarding different offices in the courthouse. Someone needed to answer the public’s questions, but the MJC’s desk was intended for legal help, so the MJC launched the navigator program with AmeriCorps grant funding and personnel. The program was a vital resource for the community. Mark Guzman, the former director of the AmeriCorps program at the courthouse, spoke with Wisconsin Justice Initiative before his position terminated at the end of May. He said his AmeriCorps staff members unexpectedly lost their jobs and volunteer stipends after the DOGE cuts. Many of the navigator program’s AmeriCorps volunteers were from out of state and had moved to Milwaukee to work at the courthouse. Wisconsin recently won a preliminary injunction in a multi-state case challenging the federal government’s AmeriCorps cuts. A federal judge on June 5 found that the government violated the Administrative Procedure Act by not providing notice and opportunity for comment before making the changes. The judge ordered the administration to immediately reinstate grant funding and AmeriCorps personnel, if they are able and willing to return. The injunction was "to restore the AmeriCorps-funded programs in the plaintiff states to the status quo before the grants were terminated and programs closed on April 25, 2025," she wrote. Federal government attorneys told the court in a June 10 status report that they had notified grant and project sponsors in the plaintiff states "to stop any closeout activities that may have been initiated (and) resume incurring costs on applicable grants." The injunction is a preliminary one; the case continues and an appeal may be filed. But even if the trial court's injunction stands and becomes permanent, lack of time and clarity on reversing course currently weigh against the navigator program’s reinstatement. Mary Ferwerda, chief deputy clerk for Milwaukee County Circuit Court, told WJI this week that “returning back to where we were is a practical issue with lots of questions, not the least of which is future funding and the risks inherent in moving forward without a legal process entirely complete.” Because AmeriCorps volunteers were “exited from service,” they may not be allowed to return to that same term of service, Ferwerda said. Right now it is unknown what the national AmeriCorps office may allow, she said. Further, the grant year was set to end Aug. 31, with the volunteers’ last day on Aug. 15. “This is not a lot of time for people to try to make up the currently seven weeks of hours they missed in order to qualify for their education award and does not consider the work required to bring back exited members, if allowed to do so.” Guzman’s layoff as of May 30 makes the prospect or reinstating the program even more difficult. Because the AmeriCorps participants were volunteers, not employees, former navigator staff members could not receive unemployment. AmeriCorps received $400 million of funding each year and had one of the best returns-on-investment for a government agency. It provided millions of Americans with disaster relief, economic opportunities, environmental services, and education. It helped hundreds of thousands of young people begin their careers in public service. Following the budget cuts, important programs all over the country were pared back or dissolved, including Milwaukee’s own courthouse navigators and help desk program. It is unclear whether the recent court win will bring them back to life. *Heidi von Helms in a summer intern at Wisconsin Justice Initiative.
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By Alexandria Staubach The Wisconsin Policy Forum last week released the findings of a comprehensive look at Milwaukee’s Criminal Justice Council, a relatively unknown collaborative group of city and county officials who wield power in the Milwaukee County criminal justice system and strive to improve intergovernmental cooperation. The Criminal Justice Council is nearing its 20th anniversary, yet many in the Milwaukee area are unfamiliar with its existence or work. The forum's "In the Interest of Justice" report said that the council's long-term impact is threatened by a lack of public awareness about the council, unstable funding streams, and the council’s lofty goals when weighed against its capacity. “Many of the idea and action items that emanate from subcommittees fail to materialize because of a lack of CJC staff capacity and limited help from partner organizations,” the report said. A rash of retirements, including those of former Milwaukee County District Attorney John Chisholm and Wisconsin State Public Defender Regional Attorney Manager Tom Reed, resulted in loss of “’key longstanding CJC leaders,’” according to unnamed sources quoted by the forum. The forum wrote that “(o)ne individual we spoke with noted that the ‘key drivers of action’ in regard to the Milwaukee CJC are the Chief Judge, the District Attorney, the Public Defender’s Office, and the Department of Corrections.” Participation by other justice system leaders, in particular the Milwaukee mayor, Milwaukee County executive, Milwaukee police chief, and Milwaukee County sheriff, “has ebbed and flowed over the years,” said the report. “(E)nsuring more consistent and active participation from these stakeholders may be a worthwhile goal for the CJC in the months ahead,” the report said. The forum recommends opening the council to business leaders and interests, developing a separate and independent nonprofit organization to continue on as the CJC, developing funding for staff from the city and county, and enhancing public communications about the council’s activities and initiatives. The CJC relies primarily on funding from the Edward Byrne Memorial Justice Assistance Grant Program, or “JAG.” As is the case for all federal funding now, “changes in JAG funding levels or policies might eventually preclude (CJC) from accessing these funds,” the report said. Further, “that concern has served as a deterrent to further investment in staff and other resources.” The CJC currently has three staff members, including an executive director. All work out of and are employed by the Wisconsin Policy Forum through grants made to the CJC. According to the forum, “the decision to house the positions in an independent nonprofit organization and have them be employees of WPF—as opposed to one of the justice system agencies that participate in the CJC—stemmed from the Executive Committee’s sentiment that placing the positions in a department of either county or city government would convey that one of those governments had greater control over the council.” The report indicates that one of the council’s key early initiatives was to investigate how the criminal justice system could better use work-release programs. The council also oversaw the creation and implementation of risk-assessment tools used to set bail at the initial appearance in every criminal case in the county. While the CJC’s early days focused on data collection, community engagement, external communications, and jail population, its 2024 strategic plan added “new priority areas that include violence prevention, housing, mental health and trauma, and youth justice,” according to the report. The report indicates that the CJC may have grown out of a 2007 resolution of the Board of County Supervisors at the request of then-Sheriff David Clarke, to deal with a consent decree that mandated a population reduction in the county jail system. Some individuals who were around at the council’s inception, however, credit “an outgrowth of efforts already underway among justice system leaders to better understand the work of their peers and encourage greater collaboration,” the report said. The first meeting was attended by Milwaukee County Executive Scott Walker, Milwaukee Mayor Tom Barrett, Milwaukee County Circuit Court Chief Judge Kitty Brennan, Milwaukee Police Chief Edward Flynn, Milwaukee County House of Correction Superintendent Ron Malone, Clarke, and Chisholm. The report cited an unnamed senior county staff member as saying “it was remarkable to have leaders of such distinct political and ideological backgrounds meet on such a frequent and productive basis.” Later additions to the council included the presiding judge of Milwaukee Municipal Court, representatives from the State Public Defender’s Office and Wisconsin Department of Corrections, the chair of the Milwaukee County Board of Supervisors’ Judiciary Committee, the director of the Milwaukee County Department of Health and Human Services, Milwaukee County Corporation Counsel, a representative from the Eastern District of Wisconsin’s U.S. Attorney’s Office, the leader of the Milwaukee Homicide Review Committee, and a citizen representative. Current CJC executive committee members: Milwaukee Mayor Cavalier Johnson Milwaukee Police Chief Jeffrey Norman Milwaukee Municipal Court Presiding Judge Phillip Chavez Milwaukee County Executive David Crowley Milwaukee County Sheriff Denita Ball Milwaukee County District Attorney Kent Lovern (Council Vice Chair) First Judicial District (Milwaukee County Circuit Court) Chief Judge Carl Ashley (Council Chair) Milwaukee County Supervisor Willie Johnson, Jr. Milwaukee County Community Reintegration Center Superintendent Chantell Jewell Milwaukee County Department of Health and Human Services Director Shakita LaGrant-McClain Milwaukee County Corporation Counsel Scott Brown Milwaukee County Circuit Court Clerk Anna Hodges Wisconsin State Public Defender Regional Attorney Manager Angel Johnson Wisconsin Department of Corrections Community Corrections Regional Chief Niel Thoreson U.S. Attorney, Eastern District of Wisconsin representative (Richard Frohling currently Acting U.S. Attorney) Milwaukee Homicide Review Commission and DataShare Director Constance Kostelac Community Representative Walter Lanier
By Margo Kirchner Twelve judges will change assignments in Milwaukee County Circuit Court effective Aug. 1, 2025. Chief Judge Carl Ashley announced new assignments on March 31. Because of the court’s size, its 47 judges are separated into divisions to handle one type of case. Divisions include criminal felony, criminal misdemeanor, children, family, and civil, with specialties within some of the divisions. The court’s guidelines about rotations indicate that judicial rotations are based on a judge’s length of service in the present division and various judges’ requests, among other things. Judges who have served more than six years normally spend about four years in a division. Newer judges normally serve two to three years in a division and then are moved so they experience more areas of law. Assignments to small claims court are generally just one year unless the judge volunteers to remain. However, the chief judge makes the final assignment decisions based on the needs of the court as a whole and considerations such as a judge’s seniority, background, and expertise, plus stakeholder feedback. Assignments to problem-solving courts, such as drug-treatment court, take into account a judge’s additional specialized knowledge and training. Problem-solving courts include collaborative work and use of various interventions to treat defendants while still holding them accountable. Here are the announced 2025 rotations:   By Alexandria Staubach Milwaukee County’s 2025 budget shows how recent state legislation helped improve revenue, but analysis shows that spending is increasing even more. Last week, Milwaukee County unanimously adopted its 2025 budget. With reserves shored up by new taxes, the budget seems positive. Recent state legislation known as Act 12 permitted the county to raise Milwaukee County’s sales tax from 0.5% to 0.9% in 2024. However, the Wisconsin Policy Forum’s annual review warns that “the fiscal stability produced by Act 12 is likely to be short lived.” Budget gains anticipated from the tax for 2024 fell short of projections and are quickly gobbled up by required spending on law enforcement. In the 2025 budget, $161.1 million will be spent on public safety alone. According to the Forum’s review, year-over-year increases in costs demonstrate “if these trends continue—that public safety expenditure pressures will consume much of the annual revenue growth promised by Act 12, or all of it in years like 2025 when sales tax growth is modest.” The Forum warns that “unless new strategies are developed to control annual cost increases in the public safety function, the future impact of Act 12 in helping resolve the county’s structural deficit may be eclipsed.” Among the biggest beneficiaries of 2025’s budget is the Milwaukee County Sheriff’s Office, which according to the Forum’s review will receive “the largest percentage increase of any functional area in the budget besides non-departmental expenses.” A new $5 million have been allocated to the sheriff’s department, bringing its 2025 budget to $64.7 million. According to the Forum, that’s a 42.2% increase over 2021. The sheriff’s office funding will cover nine new bailiff positions plus $800,000 for salary and benefit increases under a new labor agreement with the Milwaukee Deputy Sheriffs' Association. Another $2.1 million are allocated for overtime expenses, as the department continues to struggle with staffing shortages. The Community Reintegration Center will see a boost to its budget, from $60.2 million in 2024 to $65.5 million in 2025. Here, too, $1 million has been allocated for overtime, as the center also struggles with staffing shortages, which reached 36% in 2022. $4.1 million is attributed to rising healthcare and food-service contract costs. The budget adds $2.7 million to the court system, some of which will fund eight new full-time positions in children’s court. A separate $1.7 million is allocated to pay attorneys taking cases that would otherwise be eligible for service from the State Public Defender’s Office, but for which that office has a conflict. Operating costs and costs allocated to acquiring or maintaining land, buildings, and equipment also foreshadow significant expenses moving forward. According to the review, the 2024 budget allocated $9.4 million dollars to start a much-needed project to replace the county’s decaying Safety Building. The 2025 budget includes another $6 million directed at planning and design of the new courthouse building, plus an authorization to transfer an additional $5 million if necessary. Another $23.7 million is anticipated for the same project in 2026, all before a shovel hits the ground. “Future short comings will be exacerbated by much needed but unprecedented spending to build a new criminal courthouse” in the coming years, the Forum review said.
By Alexandria Staubach Milwaukee County Circuit Court has a new mental health docket, which its creators hope will streamline the civil and criminal aspects of cases where competency is at issue.  Sanders Judge Mark A. Sanders will preside over the new docket, which started accepting cases this month.
The docket is designed to address a significant backlog of cases that deal with competency and to incorporate and possibly expand the capacity of the current mental health treatment court. Legal competency is the ability of someone who has been charged with a crime to appreciate the charges and consequences and to participate in their defense. The new court got its start through the Milwaukee Community Justice Council (CJC), which comprises Milwaukee-area criminal justice agencies and local governments working collaboratively to “ensure a fair, efficient, and effective justice system that enhance(s) public safety and quality of life in our community,” according to its website. WJI recently discussed the new court with Chief Judge Carl Ashley, who chairs the CJC; Milwaukee County Chief Deputy District Attorney Kent Lovern, who co-chairs the CJC’s Mental Health Committee (and is running unopposed for district attorney in November’s election); and Tom Reed, vice-chair of the CJC and regional attorney manager of the Wisconsin State Public Defender’s Office. “It is not possible to overemphasize that the mental health docket is a reflection of deep concern at every level that individuals with mental health issues end up with the police and in jails, in situations that are not equipped to deal with these issues,” said Reed. “We envision phases,” said Ashley. He told WJI that he hoped the new docket will grow to further address the significant needs of those charged with criminal offenses and simultaneously dealing with mental disease. The COVID-19 pandemic resulted in a significant backlog of cases, said Ashley. He told WJI, he believed the court could improve outcomes and efficiencies, especially in competency cases. Ashley, Reed, and Lovern all told WJI that mental health is a significant issue in court efficiency. Each noted the desire for individuals with significant mental health issues to achieve just outcomes, while acknowledging that arriving at those outcomes requires significant time and resources from the court. Apart from improving efficiency for individuals that have been charged, the new docket will have a “corollary benefit,” said Lovern. He said the new docket will let other courts move at an improved pace. Ashley, who others indicate led the effort in engineering the new docket, said the court will initially deal only with cases in which competency, not guilty by reason of mental defect, or restoration to competency is an issue. Sexual assault and homicide cases will be excluded from the new docket; those cases will remain in other specific courts. The new docket is distinct from the mental health treatment court. The circuit court has had a mental health treatment court for more than 10 years, deemed “the longest pilot project ever” by Lovern. The current mental health treatment court program is small and voluntary. “It’s really not the fit for every case” Lovern told WJI. It is designed to connect participants with mental health treatment, community services, and “appropriate dispositions” to criminal charges relative to the seriousness of the participant’s mental illness and severity of the offense, Lovern said. Reed said the treatment court is designed to deal with individuals who display a significant mental illness and could benefit and improve with long-term intensive work and supervision. The new docket is also designed to help the whole court system run more efficiently, said Ashley. If an individual is found not competent, it may be that they can be restored through treatment either out of custody (conditional release) or in custody at Mendota, a state-run mental health facility. In cases where competency is an issue the court must first establish a lack of competency by hearing, which often requires the testimony of medical professionals, and then act upon that fact. One objective for the new court is to give the civil system, plus service providers and medical professionals, a dedicated court to deal with, Ashley said. “There are significant delays in just the competency path; some of those delays have to do with the state hospital not having enough beds,” Reed told WJI. However, “other problems arise,” too. “Every criminal court has to deal with competency, and the result is ‘yes,’ time tied up in hospitalization, but a lot of time is also tied up in the process,” he said. “If felony courts can move faster to other cases, it can free up other court time,” said Lovern. Reed highlighted that a single docket for competency cases may result in a single team of people—court providers, district attorneys and public defenders—who are better positioned to think upstream, “to understand the familiar faces, see who is cycling through and trapped in unproductive cycles.” “We have to get in there, then see what we can do,” said Ashley.  By Alexandria Staubach Time-sensitive functions of the Milwaukee County Circuit Court are moving to children’s court in the Vel R. Phillips Juvenile Justice Center during the Republican National Convention (RNC). “The courthouse is already difficult to get to” said Chief Judge Carl Ashley in an interview with WJI. He anticipates that security checkpoints, crowds, and the unavailability of parking will dramatically intensify with the 50,000 people expected to participate in RNC activities. WJI talked with Ashley and Chief Court Administrator Stephanie Garbo about the court’s plans during the convention, which runs July 15 through July 18 in downtown Milwaukee. Garbo is helping to orchestrate the move to children’s court, which is located west of I-41 at 10201 W. Watertown Plank Rd. Garbo, like other Milwaukee-area officials, is organizing essential functions in and around the security footprint of the RNC without a complete picture of the U.S. Secret Service’s plans for the area. Garbo said a full outline of anticipated changes to court operations is yet to be announced but is expected in the coming weeks. Some of the changes Garbo anticipates include:
The Milwaukee County Jail will remain accessible to visitors and attorneys, but visitors will likely have to pass through intensified security to get to the building. As court plans remain in flux, Garbo encouraged anyone with court business the week of the convention to monitor Milwaukee County’s convention website, which will contain the most up-to-date information as the convention approaches. At a press conference in February, Mayor Cavalier Johnson also announced a city convention website, but as of today, both websites largely contain placeholders for plans that are still being developed and encourage the public to check back soon. The courts are not the only county functions likely to experience reorganization during the RNC. The county anticipates changes to several bus routes that ordinarily penetrate the RNC’s security zone. Currently, the county website for the RNC informs riders that “the security plan for the 2024 RNC is still in development – as soon as its finalized, riders will be alerted to impacts on bus routes” and “changes to the RNC’s security perimeter may happen on short notice.”
Milwaukee County Courthouse. Photographs by Alexandria Staubach.
By Alexandria Staubach
The Milwaukee County Board of Supervisors recently enacted an ordinance designed to make public testimony at standing committee meetings easier and more accessible. While the ordinance is not mandatory, the Board of Supervisors said it hopes the ordinance will establish a best practice and procedure for public comment. The chairperson of any standing committee is now charged with placing agenda items on which members of the public have registered to speak in front of items on which no one has registered to speak, applying the same time limits on commentary “regardless of the content of (public) testimony,” and reading comments received virtually into the record of the meeting before voting on a given agenda item. The ordinance comes in response to a 2021 committee meeting at which a resolution creating a “right to counsel” for Milwaukee County residents facing eviction or foreclosure was considered. Some members of the public were forced to wait more than six hours to speak, as agenda items garnering no public comment were considered first. In addition to approving the county’s annual budget (adoption generally takes place in early November), the county's nine standing committees establish what programs and services will be offered by the county. This spring’s election resulted in the election of four new supervisors: Justin Bielinski (16th District), Jack Eckblad (4th District), Sky Z. Capriolo (15th District), and Anne O’Connor (1st District). If you live in Milwaukee County you can find your supervisor here. By Margo Kirchner When John Remington takes his seat this month as Milwaukee County Circuit Court judge, he will be the eighth new judge joining the court during the past 12 months. And once newly elected Marisabel Cabrera takes her seat, about one-fifth of the judges on the court will have been appointed since June 2023. Cabrera’s term starts Aug. 1. For comparison, just one judge started on the court in all of 2022 and two in 2021. “Is it unusual to have this many (new judges)? Yes, no question,” said Milwaukee County Circuit Court Chief Judge Carl Ashley in an interview with WJI. Cabrera and Judge Ana Berrios-Schroeder were elected. The other seven new judges were appointed by Gov. Tony Evers to fill vacancies. (Several of the appointees then won election in April to serve new terms beginning Aug. 1.) A chart below shows the new judges and their start dates based on information provided by Ashley. Milwaukee County Circuit Court has 47 judicial seats (called branches). In lesser-populated counties, some with just one judicial seat, the judges hear all varieties of cases. But in Milwaukee County, judges are assigned to specific divisions such as felony, misdemeanor, civil, probate, children’s, or small claims court. Ashley said that historically most new judges have started in children’s or misdemeanor court. However, when a judge had prior experience in a particular area of the law, a start in another division has occurred. Becoming a judge is a transition, he said, and “We want to be supportive of the judge” during that transition. Veteran judges are always helpful for the new judges, he said. In Milwaukee County, judges generally rotate after four years maximum in a particular division. For rotations, the chief judge takes into account where the judges want to be assigned, their seniority, and other factors. Ashley said we wants to have the best judges where they are needed. “Does (the number of new judges) impact the ability to assign judges? Yes,” he said, adding that it's all part of balancing and “just something we have to adjust for.” “As one would expect, there’s a bit of a learning curve that every judge experiences as they acclimate themselves to being a judge. As chief judge that impacts how judge assignments are made, but that is the nature of the process,” Ashley told WJI. The number of new judges is not the only change that today impacts initial judge assignments to children’s court, Ashley said. Children’s court has changed as well, with nearly 10 homicide cases in children’s court in the past year, compared with perhaps one per year before then, he said. “Things have changed on both ends." Ashley noted his respect for the judges who have retired recently. “I certainly want to acknowledge our veteran judges who have served our community for decades with great skill and commitment. The legacy of their mentorship has been and will be invaluable to our newer judges,” he said. Currently, a committee led by Deputy Chief William Pocan and District 1 (Milwaukee County) Court Administrator Stephanie Garbo is studying rotation procedures for Milwaukee County Circuit Court. Ashley said the process for rotations was last assessed about 15 years ago. The committee gathered survey data and other input from attorneys, current and retired judges, and the public. The committee will soon present Ashley with recommendations for any changes to the processes and policies governing rotations.  In Milwaukee County, Marisabel Cabrera and Rochelle Johnson-Bent vie for the open Branch 43 seat after Judge Marshall B. Murray chose not to run for reelection. Cabrera is a member of the Wisconsin Assembly and an attorney in private practice at Cabrera Law Office. She graduated from Michigan State University College of Law in 2002. Her resume is here. Johnson-Bent is an attorney and manager of procurement and risk management for the Milwaukee Public School District. She graduated from the University of Wisconsin Law School in 2010. Her resume is here. WJI asked each of the candidates to answer a series of questions. The questions asked are patterned after some of those on the job application the governor uses when he is considering judicial appointments The candidates' answers are printed as submitted, without editing or insertion of “(sic)” for errors.
Two candidates are vying for a seat on the Milwaukee County Circuit Court bench. The seat in Branch 43 is open due to Judge Marshall Murray's decision not to run for re-election. The election is April 2, 2024. Candidate Rochelle Johnson-Bent (below left) is an attorney in the Milwaukee Public Schools system. Candidate Marisabel Cabrera (below right) is an elected Wisconsin Assembly representative and attorney at Cabrera Law Office. The candidates joined WJI in person on Jan. 31, 2024, to introduce themselves and answer questions from attendees. The event was held as a luncheon at Riverfront Pizzeria in Milwaukee, hence the imperfect visual quality and some background noise at times. |
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