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"Walker's judges" is an effort to present information about former Gov. Scott Walker's appointees to the bench. Since the election of Gov. Tony Evers, WJI has focused on "Evers' judges." However, from time to time WJI posts "Walker's judges" columns for those who still serve on the bench. Judge William W. Brash III presently serves as Chief Judge of the Wisconsin Court of Appeals. The information below comes from his 2015 application for the court of appeals seat. Brash was appointed to Milwaukee County Circuit Court in 2001 by then-Gov. Scott McCallum. Information for "Walker's judges" and "Evers' judges" is taken from the appointees' own judgeship applications. Italics indicate direct quotes from the application. Typos, including punctuation errors, come from the original application even though we have not inserted “(sic)” after each one. WJI has left them as is.  Name: William W. Brash III
Appointed to: Wisconsin Court of Appeals-District 1 Appointment date: October 2015 (effective December 2015). Elected April 2017 and now running for a second 6-year term in the April 4, 2023, election. Education: Law School – Marquette University, Milwaukee, Wisconsin Undergraduate – St. Norbert College, DePere, Wisconsin Legal employment: 2001-2015 – Milwaukee County Circuit Court judge 1997-2001 – Milwaukee County reserve municipal judge 1984-1997 – Fox Point municipal judge 1990-2001 – Principal, William W. Brash and Associates, S.C. 1990-1991 – Partner, Hopkins and Brash, S.C. Bar and administrative memberships: State Bar of Wisconsin U.S. District Court for the Western District of Wisconsin Describe your legal experience as an advocate in criminal litigation, civil litigation, and administrative proceedings. I was actively engaged in the General Practice of Law for over twenty-three (23) years, commencing in November 1978 and ending in December 2001. The character, nature and composition of my practice changed during this period based on the nature of my employment and/or business affiliations, as well as the needs of my clients. This started to become more consistent, however, during approximately the last five (5) years of my private practice career because of my ability to exercise greater discretion in my client composition, while at the same time maintaining consistent employment for myself and my staff. During this same time, I had now established a network of attorneys to whom I could make referrals in those areas that required specialized knowledge and ability, such as personal injury, products or malpractice matters, certain types of criminal matters and appellate work. Upon review of the last two (2) year period immediately preceding my appointment to the Circuit Court, my office opened four hundred sixty (460) new files. These files encompassed eight (8) major areas of the law, specifically:
Number of cases tried to verdict or judgment: Jury, 2, non-jury, dozens; arbitration, 0; administrative bodies, 25. List and describe the two most significant cases in which you were involved: I must start by indicating that each client feels that his or her case is the most significant matter before the court. However, none of these cases was particularly significant or noteworthy in light of the nature of the case or the decision handed down by the Court. Therefore, please see my responses to [other] questions . . . . Describe the nature of cases you have heard during your judicial or quasi-judicial tenure. I am currently assigned to the Felony Division, and I have a General Felony Calendar, which is one of five (5) such courts in Milwaukee County. I began this current rotational assignment on August 1, 2013, after completing four (4) years in two (2) civil assignments. I handle all manner and nature of felony theft, robbery, burglary, felony OWI’s, injury by intoxicated use of a motor vehicle, attempted homicide, substantial battery, Chapter 980 cases (sexually violent individuals), white collar crime, voter fraud, etc. These courts are general catchalls for all felony matters not otherwise assigned to specialty courts. . . . Prior to my current assignment, I served for three (3) years, August 2010 to July 31, 2013, in the Civil/Probate Division, the last two (2) years as the Presiding Judge in that division. These calendars are comprised of roughly fifty percent (50%) large claims civil matters, and fifty percent (50%) probate, estate, guardianship and mental health matters. The Presiding Judge in this division works closely with the Probate Department in addressing certain policy issues, in a department that consists of a Commissioner, two (2) Deputy Registers in Probate, an administrator, and ten (10) other personnel as well as working with staff at the mental Health Complex. . . . Brash then discussed prior assignments to Large Claims Civil, General Felony, Homicide/Sexual Assault, Felony Gun, Domestic Violence, and General Misdemeanor calendars. During the period of May 1997 through November 2001, I served as a Reserve Municipal Judge for Milwaukee County, which was an annual appointment by the Chief Judge of the Milwaukee County Circuit Court. In this capacity, I served in both the City of Milwaukee, as well as the surrounding communities, and handled thousands of cases for the various municipalities. I served as the Fox Point Municipal Judge from November 1984 to May 1997. I was initially elected in a special election to serve the balance of my predecessor’s term and thereafter in four (4) successive general elections in April of 1985, 1988, 1991 and 1994. During my tenure as the Fox Point Municipal Judge, I handled in excess of twenty five thousand (25,000) cases. Describe the two most significant cases you have heard as a judicial officer. Kenosha Unified School District, et al. vs Stifel Nicolaus & Company, Inc., et al. Case Number 08CV13726 This case involves five (5) Wisconsin school districts in an alleged two hundred ($200,000,000.00) million dollar securities fraud matter related to investments made by the school districts in synthetic credit derivatives, including collateralized debt obligations and credit default swaps. These instruments were sold by Stifel, purchased by the school districts, IE Kenosha, Kimberly Area School District, the School District of Waukesha, the West Allis School District and the Whitefish Bay School District relative other pension benefits, and created and marketed by the Royal Bank of Canada Europe Ltd., RBC Capital Markets Corp. and RBC Capital Markets Holdings (USA) Inc. The plaintiffs are primarily represented by Stephen Kravit and Christopher Krawczyk of Kravit, Hovel & Krawczyk and the defendants Stifel are primarily Represented by Brian Cahill of Gass Weber Mullins LLC., while the RBC defendants are primarily represented by Terry Johnson of Peterson Johnson Murray. At Various times through out these proceedings there were as many as twenty (20) attorneys involved in this matter, representing not only the principal actors, but various insurance companies and other third party defendants. This matter was originally filed in September of 2008 and I assumed responsibility for this case in August 2009 and as of my rotation on July 31, 2013, the matter had not concluded. I believe this to be a significant matter because it occurred after there had been a change in the law relative the financing of other pension benefits and based upon the complex nature of those issues presented and the relative roles of the parties involved. Milton J. Christensen et al. vs. Michael J. Sullivan et al. Case Number 1996CV1835 This case involved an action initiated on the behalf of inmates of Milwaukee County, alleging overcrowding in the jail facilities and a lack of proper medical care and attention. A petition for a writ of prohibition was originally filed in March 1996, and thereafter a summons and complaint, with the matter ultimately being certified as a class action. During the pendency of this matter this case was managed by nine (9) different Circuit Court Judges, with a partial resolution having been reached by the parties pursuant to the execution of a consent decree in March 2001. The parties continued to litigate a number of issues relative compliance with the decree, as well as issues relative the authority to take certain actions pursuant to the consent decree, which ultimately culminated in series of hearings in 2012 and 2013 in my court. As a result of these hearings, I ordered the County to execute a contract with Armor Correctional Health Services Inc. to provide medical services to Milwaukee County Inmates. The parties were represented by various counsels during the course of this matter, but most recently by Peter Koneazny of the Legal Aid Society, Laurence Dupris of the American Civil Liberties Union, Kimberly Walker and Mark Grady of Corporation Counsel, Michael Whitcomb on behalf of Sheriff Clarke, Charles Bohl on behalf of certain defendants, Ron Stadler on behalf of Milwaukee County and C. J. Krawczyk on behalf of Roeschen’s Omnicare Pharmacy. I believe that this matter is significant because it established the structure for the resolution of a matter that had been pending in the court system for over seventeen (17) years. This hopefully will have a genuine impact on the community whereby an increase in the efficiency by which medical care is provided to inmates results in a more effective use of taxpayer dollars in this capacity. Previous runs for public office and outcome: Milwaukee County Circuit Court judge, elected 2002, 2008, 2014 Village of Fox Point, Wisconsin, trustee, appointed 1998 and elected 1999 and 2001 Milwaukee County Circuit Court judge, defeated in election, 1997 Village of Fox Point, Wisconsin, municipal judge, elected 1984-1994 All judicial or non-partisan candidates endorsed in the last ten years: Justice Prosser Justice Roggensack Hon. Michael Aprahamian Hon. Rebecca Bradley Hon. Christopher Dee David Feiss Hon. Lindsey Grady Hon. Claire Fiorenza Hon. Thomas McAdams Hon. Nelson Phillips Hon. Mark Sanders Hon. Linda Van De Water
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 Gill "Walker's judges" is our effort to present information about former Gov. Walker's appointees to the bench who are still serving as judges. The information is taken from the appointees' own judgeship applications. We also are posting "Evers' judges." Outagamie Circuit Judge Gregory Gill Jr. now is running for the District III Court of Appeals bench against attorney Rick Cveykus. Election Day is April 6. We posted Cveykus' responses to WJI's judicial candidate questionnaire earlier. Gill did not provide responses. Gill's former law firm, Gill & Gill, generally represented management in "all phases of labor and employment law," according to a firm flyer attached to his judicial application. More recently, during his current campaign, Gill received attention for campaign donations he received from conservative Republican donors Richard Uihlein, and John Menard. He is running as a textualist and judicial conservative. Name: Gregory B. Gill Jr. Appointed to: Outagamie County Circuit Court Appointment date: September 2011 Education: Law School – Marquette University Law School Undergraduate – University of Wisconsin-Madison High School – Xavier High School Legal employment: November 2010-December 2010 – Special prosecutor, Calumet County District Attorney's Office 2005-present – attorney, Gill and Gill Memberships: American Bar Association Wisconsin Bar Association Legal experience as an advocate in criminal litigation, civil litigation, administrative proceedings: Worked in the Outagamie County DA's office and clerked for Federal Judge William Griesbach before going into private practice. In my current practice, my litigation efforts have focused on civil matters. I have defended matters at levels ranging from the administrative forum up and through the Federal District Court. In addition, I have also prosecuted matters at the administrative, State and Federal level. The litigations have been primarily employment related, including issues such as contract and discrimination matters. On occasion, I have also been involved in criminal defense work. However, said work has been a very minimal portion of my practice. Number of cases tried to verdict or judgment: 4; non-jury, 2; arbitration, 4+; administrative bodies, 40+ Cases on appeal: Aside from appeals involving Unemployment Compensation matters, there have been two cases which I played a significant role in the appellate process. Two most significant cases: In 2006, I served as the lead/co-counsel in Barbara Bigalke v. Neenah Foundry,... a case before the Honorable William C. Griesbach. The case involved allegations of a violation of an individual's rights under Title VII of the Civil Rights Act of 1964. The case was significant based upon the legal and factual issues, whereas, the argument of my client Neenah Foundry, was that the Plaintiff was an independent contractor as opposed to an employee, and therefore was not subject to the protections afforded by the Civil Rights Act of 1964. The court agreed with my client. The second case of significance was Kathleen Jawson v. Hoffmaster, Inc....This case involved an individual claiming that her rights had been denied under the Family Medical Leave Act (FMLA). As a result of the Company's denial of her FMLA rights, the Complainant in this case, Kathleen Jawson, was terminated. The significance of this case comes in the fact that through my firm's efforts, we were able to successfully right a wrong that had occurred to an individual. While there were other cases in which I and my firm have been able to assist those who have been aggrieved, in this instance, the case had to go though multiple hearings including an appeal to the Circuit Court for Manitowoc County to reach a favorable result. I was the primary brief writer on this case. All previous runs for office: None 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: Supreme Court Justice David Prosser, Outagamie Circuit Judges Mark McGinnis, Nance Krueger, Michal Gage, and Mitchell Metropulos. Professional or civic organizations, volunteer activities, service in a church or synagogue, or any other activities or hobbies that could be relevant or helpful to consideration of the application: Make-a-Wish Foundation Valley Kids Foundation – volunteer Wisconsin Mock Trial Competition – volunteer Boys & Girls Clubs of the Fox Valley – volunteer Quotes: Why I want to be a judge – For as long as I can remember, the law has been a part of my life. My father has been practicing lawyer for over 35 years and likewise my grandfather before him was an attorney. It has been instilled in me that the law should be utilized in a fashion to help people. My father once told me that you need to take advantage of opportunities to help people when they come along because such opportunities don't come along every day. Since beginning my practice, I have tried to adhere to those values instilled in me by my father and grandfather. In this instance through my experience in the legal profession and the ability to surround myself with quality attorneys and judges, I have seen the good that can come from being part of the judiciary. While I feel very blessed and fortunate to be able to work in a practice with my family, I have also had a desire to maximize the amount of good I can do with my law degree. I believe that as a circuit court judge, I will have the opportunity to serve my community, the State of Wisconsin and to help individuals and positively influence lives, Thus, I feel that the opportunity to be able to help serve my community on a broader basis compels me to seek this appointment. "I believe the worst conduct of the Wisconsin State Supreme Court is to engage in judicial activism." – Outagamie Circuit Judge Gregory Gill Jr. Best or Worst U.S. or Wisconsin Supreme Court decision in the last 30 years
To label a single case as "the worst" is a near impossibility. What is an easier task, however, is to identify what I feel is the worst action of the Wisconsin State Supreme Court: I believe the worst conduct of the Wisconsin State Supreme Court is to engage in judicial activism. -Perhaps one case that exemplifies such conduct, as well as any other case in recent history, is that of Crystal Lake Cheese Factory v. The Labor and Industry Review Commission.... In this case, an individual was terminated based upon a Company's inability to accommodate a disability, which consisted of, among other things, the employee being resigned to a wheelchair. Prior to the injury, amongst other things, the employee was required to gather orders, perform administrative duties, weigh, label and box cheese, as well as other various assignments....Subsequent to the injury, the Plaintiff was rendered unable to perform several duties of her job which included lifting heavy boxes of cheese, or reaching cheese stored on a high shelf. Despite the fact that the Plaintiff was unable to perform many functions of the job, the Supreme Court nonetheless concluded that the Company was wrong in failing to accommodate the Plaintiff. The Court then went one step further and indicated that a reasonable accommodation would be to have job assignments shifted amongst other employees as a means to accommodate the employee. The Court then justified this position by manipulating previous decisions issued by LIRC. The net effect of the decision of the Supreme Court was to expand the law and create a new means of accommodating an individual with a disability. The accommodation necessitates that employers consider significantly modify job descriptions for injured and non-injured individuals. As noted by Justice Prosser in his dissent, "In all, LIRC' s interpretation of Sec. 111.34, as adopted by the majority, is highly questionable and imposes an unreasonable burden on Wisconsin businesses. Section 111.34 cannot be read to require that an applicant or an employee only be able to perform "some" or "most" of the necessary responsibilities of the job." It is decisions like this that usurp the function of the Legislature and reform acceptable statutory law. While this is certainly not the only example of judicial activism, this is clearly a case which exemplifies the types of judicial decisions which I believe represent the worst decisions issued by the Wisconsin State Supreme Court. "Walker's judges" is our effort to present information about former Gov. Walker's appointees to the bench who are still serving as judges. The information is taken from the appointees' own judgeship applications. We also are posting "Evers' judges." Racine County Circuit Judge Jon Fredrickson was in the news recently when he overturned Racine's coronavirus rules. During the litigation over the matter, Fredrickson said Racine’s public health administrator, Dottie-Kay Bowersox, was indulging in "despotic power." The State Court of Appeals, however, granted the city an emergency stay that keeps the city's coronavirus rules in place pending a full appeal of the case, which could take months.  Fredrickson Name: Jon E. Fredrickson
Appointed to: Racine County Circuit Court Appointment date: Sept. 28, 2018, elected in April 2019. Education: Law School – Marquette University Law School Undergraduate – University of Southern California High School – Homestead High School, Mequon Legal employment: 2001-present – Kravit Hovel & Krawczyk 1997-2001 – Crivello Carlson Memberships: State Bar of Wisconsin Eastern District of Wisconsin Western District of Wisconsin Seventh Circuit Court of Appeals None Legal experience as an advocate in criminal litigation, civil litigation, administrative proceedings: My practice focuses on representing Wisconsin businesses, individuals, and Fortune 500 companies in high-exposure business, insurance coverage, and professional liability cases. Over the years, I have litigated cases touching upon many aspects of Wisconsin law. As an attorney's attorney, I have defended over twenty-five legal malpractice claims.... Number of cases tried to verdict or judgment: 2; non-jury, NA; arbitration, NA; administrative bodies, NA. Cases on appeal: 7 Three most significant cases: Land O'Lakes, Inc. v. Ratajczak – I was lead counsel. Researched, drafted, litigated, and argued the case. This case was significant because of the stakes involved for my clients, the Ratajczaks. Land O'Lakes sued them individually, as the former owners of a feed business, under fraud and federal and state racketeering theories. Land O'Lakes sought roughly $10 million dollars in compensatory damages, trebled under the racketeering statutes to $30 million. My clients had everything they owned at stake in this litigation. It was either win, or complete financial ruin, which is exactly how Land O'Lakes positioned it. I analyzed the racketeering laws, and determined that if I could get Land O'Lakes to admit it hadn't lost any profits, or passed on any damage to a third-party, that we could win the case on summary judgment. One of my partners and an associate stridently objected to my legal analysis and passionately argued that my legal analysis was incorrect, and that I was wrong. I wasn't. I filed the summary judgment motion, and won the argument at both the federal district court, and Seventh Circuit Court of Appeals level. The win was a completely life-altering event for my clients. Marks v. Houston Cas. Co. – I was lead counsel. Researched, drafted, litigated, and argued the case. This case was significant because it sought to expand insurance protections for Wisconsin businesses and individuals to coincide with the protections available in many other states. It was tactically positioned to force the Supreme Court of Wisconsin to finally deal with three Court of Appeals decisions that were binding precedent on the Court of Appeals and the circuit courts, but that were being sporadically ignored by both, depending on the district panel or circuit court judge involved. While it wasn't a victory for my clients, it did serve to clean up Wisconsin's duty to defend law, and has become a widely cited insurance precedent. Murray v. Travelers Ins. Co. – I completed this work while I was a law clerk, before graduation. My appellate briefing in this case was signed by the partner in charge of the case without any edits or changes. The case was significant on two fronts. As an aspiring young lawyer, it gave me the self-affirmation that I was ready for the big fights. But more importantly, it was a significant decision for Wisconsin workers, as it expanded the scope their employment protections. All previous runs for office: None 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: Milwaukee County Circuit Court Judge Paul Rifelj  Dedinsky "Walker's judges" is our effort to present information about former Gov. Walker's appointees to the bench. The information is taken from the appointees' own judgeship applications. While Walker has left office, WJI will continue to profile his appointees who are still in office. We also are profiling Gov. Tony Evers' judicial appointees.
Walker appointee Paul C. Dedinsky, profiled below, has been in the news because of questions about his residency. Name: Paul C. Dedinsky Appointed to: Milwaukee County Circuit Court Appointment date: Dec. 26, 2018 (Up for election in April 2020) Education: Graduate School (Ph.D.) – Cardinal Stritch University, Milwaukee Law School – University of Wisconsin Law School Undergraduate – Creighton University, Omaha, Nebraska High School – Marquette University High School, Milwaukee Recent legal employment: 2017 - present – Chief legal counsel, Wisconsin Department of Agriculture, Trade and Consumer Protection 1997-2017 – Assistant district attorney, Milwaukee County Memberships: State Bar Association American Bar Association St. Thomas More Society Federalist Society Legal experience as an advocate in criminal litigation, civil litigation, administrative proceedings: As chief legal counsel for DATCP, experience in ethics, human resources, contracts, board governance, agency regulations, administrative rule-making; as assistant district attorney, experience in restorative justice, violence prevention, Children's Court, domestic violence prosecutions, drug treatment court, sensitive crimes, and misdemeanors; in private practice, experience in criminal defense, appellate, civil, and family matters. Number of cases tried to verdict or judgment: Jury, 50; non-jury, 100; arbitration, no answer; administrative bodies, 10. Cases on appeal: 50 in private practice. Three most significant cases: (Dedinsky listed four) State v. Joseph Hoeller - The case…originally surfaced as a disorderly conduct charge. We transformed the investigation of the matter which led to felony stalking charges, representing one of the first uses of the revised felony stalking statute by our office. The evidence encompassed a range of stalking of the victim at home and work. The stalker threatened violence towards the victim and her family members, utilizing a variety of means to stalk her: Property damage, the internet, text messaging, e-mail, phone calls, voicemail messages, and manipulation of their child. This case entailed leadership during the investigative stages, patience with the victim and her family, an understanding of stalker typology research and power/control dynamics, and an ability to effectively assess the lethality of the stalker in order to plan the victim’s future safety. After preparing a powerpoint (sic) for courtroom presentation during discovery / pre-trial strategy, the defendant pled guilty and was sentenced to prison. For many years, the powerpoint presentation has been used to train law enforcement in stalking and domestic abuse relationship dynamics. State v. Jon A. York - In 2002, I charged two parents with approximately 29 counts of child sexual abuse to their 8-year old daughter, drug manufacturing, possession of electric weapons, causing mental harm to a child, and possession of child pornography. The case involved lots of additional investigation and many complex legal challenges from lawyers relating to issues such as the legality of the search warrant and the defendant’s statement/confession law. State v. Matthew Tyler – A child predator had worked or volunteered as a youth counselor at a boys’ residential treatment center, a church minister and Boy Scout troop leader, a college professor, and an underprivileged minority youth counselor at the Medical College of Wisconsin and University of Wisconsin-Milwaukee. Piecing together decades of un-prosecuted sexual abuse allegations from aforementioned states across the country proved challenging. After over 100 phone calls and many hours of investigation, I secured the cooperation of several male sexual assault victims from the 1970s, 1980s, and 1990s, whose patterns of victimization by the defendant were remarkably similar. Following the trial court’s approval of this compelling “other acts” evidence, the defendant pled guilty to his first felony sexual assault. A SUCCESS STORY IN A CIVIL CONTEXT. In private practice in 1996, I successfully defended a father through a 3-day Termination of Parental Rights jury trial with many complicated factual and legal issues, as well as a complicated trial strategy. The prosecutor and guardian ad litem zealously sought the termination to no avail. I persuaded the jury to correctly decide the case in favor of the father, who had markedly turned around his life and closely bonded with his children. After the jury trial, an experienced prosecutor who observed the jury trial approached me and asked me if I would be willing to apply to the Milwaukee District Attorney’s office. Shortly thereafter, I decided to apply and was offered a position. All previous runs for office: None Position or involvement in judicial, non-partisan, or partisan political campaign, committee, or organization: My wife and I are current volunteers at the Waukesha headquarters on Pearl Street from August 2018 to present. All judicial or non-partisan candidates endorsed in the last six years: Mark Gundrum, Brian Hagedorn, T. Christopher Dee, Thomas McAdams, and Robert Dehring. Publications: Dedinsky listed five. The two most significant writing pieces, in terms of sheer volume, include my published 500-page dissertation, entitled: "Experiencing Restorative Justice Practices in the Context of an Academic Course – A Phenomenological Mixed Methods Study (2012)" and the 575-page "Wisconsin Domestic Violence Prosecution Manual, 2004" for which I served as the editor and main author.... Professional or civic organizations, volunteer activities, service in a church or synagogue, or any other activities or hobbies that could be relevant or helpful to consideration of the application: St. Thomas More Society, Milwaukee, WI, Board of Directors, 2013-present. Organizer of the annual Youth Law Day at MU law school, 2009-present. SOFA, Inc. (Saving Others For Archie), Board member, 2016-present. St. Charles Parish (Hartland), parish members, 2000-present. St. Joan of Arc Parish (Nashotah), parish members, 2002-present. Lake Country Youth Baseball League, head coach for…7th / 8th grade boys baseball team, summer 2015. Served in an assistant capacity in prior years. St. Clare Center for Catholic Life, Cardinal Stritch University 2015-present Schoenstatt International Province & Retreat Center, Waukesha, WI, 2009-present. Healing Ministry in the Roman Catholic Tradition, Inc., Board of Directors, 2011-2016. St. Catherine’s Residence for Women, Milwaukee, committee member, 1994-1998 St. Aemilian’s Pre-School, Milwaukee, WI, non-profit board member, 1996-1999. Big Brothers/ Big Sisters of Greater Milwaukee, big brother, 1995-1997. Describe any significant pro bono legal work in the last five years: Helped develop restorative justice program for Oconomowoc High School. Helped organization achieve non-profit status. Helped unnamed southeastern Wisconsin school district deal with internal conflict. Quotes: Why I want to be a judge – I wish to serve as a circuit court judge because of the immense opportunity to influence and help litigants. I wish to act with firmness, intelligence, and fairness -- exercising caution and restraint, ever mindful and respectful of our legislative and executive branches of government. I once worked for a leader of immense integrity and purpose, a man who inspired a deeper sense of purpose, vision, and mission within me. He advocated eloquently for justice. Years later, this same powerful message resonates within me. To me, an attorney is of limited value without adherence to a high moral purpose and mission.… Best United States or Wisconsin Supreme Court opinion in the last thirty years – Burwell v. Hobby Lobby and Conestoga Wood Specialties Corporation v. Burwell (2014) The case addresses the tension between reproductive rights (pro-abortion) and proponents of religious liberty. However, most significantly, the decision also stands out as an example of the judicial branch of government restraining the executive branch's powers in favor of granting people owning for-profit entities the right to object to provisions of the Affordable Care Act (ACA) based upon sincerely held religious beliefs. In these cases, both business owners believed that life begins at conception and that any birth control method that could lead to the destruction of embryos would be morally wrong. The Department of Health and Human Services (HHS) mandated that employers provide insurance coverage with its set of pre-determined provisions. It also required employers to pay for the services. Failure to pay would result in exorbitant penalties, according to the opinion (a major factor in the "substantial burden" standard analysis). From the perspective of the business owners, the course of events presented a troubling set of circumstances. First, the government mandated that employers must provide insurance (which both companies already offered). Next, the government set the parameters for what the insurance policies must cover, including a full breadth of contraceptives. This position presents a major dilemma for many citizens across the country, morally offensive to some and violative of their religious beliefs. The government opted out religious groups and non-profits, ceding the moral and religious ground. However, HHS did not provide accomodations (sic) in the case of for-profit businesses. Failure to comply with its provisions would result in multi-million dollar penalties to the companies. So, the court's action effectively curtailed and restrained an ambitious piece of legislation and the executive branch's exercise over personally held moral and religious beliefs. There is an additional reason why I find this decision to be significant. HHS went so far as to argue that the business owners' position was flawed. Even though HHS already had acknowledged the moral position for religious groups and non-profits, HHS argued that the business owners actually bore no moral culpability in paying for coverage. Instead, HHS maintained that the moral culpability fell upon the shoulders of those who actually decide to destroy their embryos. Justice Alito noted the inappropriateness of courts presuming to determine the plausibility of a given religious claim. In determining that HHS' regulations imposing an obligation upon for-profit business owners violated the Religious Freedom Restoration Act of 1993, the high court determined that the federal government must be considerate of the sincerely held religious beliefs of our citizenry. The case represents a major victory for proponents of religious freedom.  Martinez "Walker's judges" is our effort to present information about former Gov. Scott Walker's appointees to the bench. The information is taken from the appointees' own judgeship applications. While Walker has left office, WJI will continue to profile his appointees who are still in office. We also will profile Gov. Tony Evers' judicial appointees. Name: Maureen Morris Martinez Appointed to: Racine County Circuit Court Appointment date: Dec. 4, 2018, elected to a six-year term in April 2019 Education: Law School – Marquette University Law School Graduate School – University of Illinois – Urbana Undergraduate – St. Mary's College of Notre Dame Marshall University, Huntington, W.V. Recent legal employment: January 2017 - present – Deputy district attorney, Racine County District Attorney's Office February 1997 - January 2017 – Assistant district attorney, Racine County District Attorney's Office Memberships: State of Wisconsin U.S. District Court for the Eastern District of Wisconsin Racine County Bar Association Legal experience as an advocate in criminal litigation, civil litigation, administrative proceedings: Assigned to a sensitive crime caseload that includes homicides and sexual assaults. Previously directed children in need of protective services for 15 years. Involved in administrative and personnel matters. Number of cases tried to verdict or judgment: Jury, 300; non-jury, no answer; arbitration, no answer; administrative bodies, no answer. Cases on appeal: I have litigated a number of cases on appeal. The application asks for the names and case numbers of the appeals and Martinez listed three. Three most significant cases: Martinez did not list specific cases and did not give the requested case numbers and citations. By far the most important cases that I have litigated have been the termination of parent rights cases. They are not important as to the legal issues, but more so for the individual children and families that are affected.... I have conducted countless termination of parental rights trials and was successful in them all. My work with the Veteran's Court Treatment Team is also very significant. Through this court's work and the very hard work put in by the veterans, we have literally brought veterans back from the brink of despair. Previous runs for political office: None. Position or involvement in judicial, non-partisan, or partisan political campaign, committee, or organization: Supported Racine County District Attorney Patricia Hanson in two campaigns. Both times I was on her campaign committee and participated in the "boots on the ground" duties of campaigning. During her campaign for district attorney I coordinated the letters to the editor campaign. I also spent countless hours with and on behalf of Tricia "working the room" for her. All judicial or non-partisan candidates endorsed in the last six years: Judge Wynne Laufenberg Judge Robert Repischak District Attorney Patricia Hanson Professional or civic organizations, volunteer activities, service in a church or synagogue, or any other activities or hobbies that could be relevant or helpful to consideration of the application: Caledonia Conservancy Tutor for middle school students at John Paul Academy Former Board president and Board member, YWCA in Racine Member, Racine County Child Death Review Team Member, Multidisciplinary Child Abuse Investigation Team, Racine County Member, Drug Endangered Child team for Racine County Former member of All Saints Health Care Systems, member of the Physicians Activities Committee Previous member and co-chair of the Racine County Family Violence Community Coalition. President of the PTA for Holy Name School Describe any significant pro bono legal work in the last five years: Pro bono work not allowed due to her position. Quotes: Why I want to be a judge – My ambition within my law career has been a slow progression. When I began law school in the fall of 1992,1 had (redacted) and a (redacted). My husband had a demanding career as an (redacted) and I was leaving a career that I loved, school social work. I felt a calling however and I always had in the back of my mind that I wanted to be a lawyer. I studied at my kitchen table and took the entrance exam and was accepted by Marquette University Law' School. With (redacted) children at home, Marquette was the only school I could attend and I started law school. As hard as it was I LOVED THE LAW. I loved everything about law school, I had previously set as a goal for myself to be an autonomous life-long learner; what better way to do that then be a lawyer as the law is ever-changing. I also went to law school with the ambition to become a prosecutor.... I absolutely love litigation; one of my favorite places is the courtroom. In my efforts to be an autonomous life-long learner, as comfortable as I am as a prosecutor, I believe I am ready to take the next step and explore new areas of the law as a judge. I know I have the knowledge, skills and judgment to be a fair and impartial judge. I think I have an excellent reputation within the legal community as an honest, ethical, hard-working and talented attorney. I am always ready to listen, however, I never waiver from my cannon (sic) of holding people accountable for what they do. The fact that this father was unaware of the existence of this child until the government informed him is not a reason to excuse his lack of concern for his child. ... – Racine County Circuit Judge Maureen Morris Martinez  Nordstrand "Walker's judges" is our effort to present information about former Gov. Walker's appointees to the bench. The information is taken from the appointees' own judgeship applications. While Walker has left office, WJI will continue to profile his appointees who are still in office. We also will profile Gov. Tony Evers' judicial appointees.
Name: Scott J. Nordstrand Appointed to: St. Croix County Circuit Court Appointment date: Jan. 2, 2019 Education: Law School – University of North Dakota School of Law Undergraduate – University of Wisconsin – River Falls High School – Hudson High School Recent legal employment: 2014 - present – General counsel and special projects, Solutran, Inc. 2007-2014 – Director of administration and legal counsel, SSG Corp. 2005-2006 – Commissioner, Alaska Department of Administration 2005 – Alaska acting attorney general Memberships: State Bar Association Alaska Bar Association Legal experience as an advocate in criminal litigation, civil litigation, administrative proceedings: First worked at two private firms in Anchorage, Alaska. Practice included employment, commercial and personal injury law. Accepted position as deputy attorney general for Alaska in 2003. In this role, I served as the Chief Deputy to the Attorney General and supervised 140 attorneys. The breadth, complexity and diversity of the civil legal matters facing the State of Alaska were extraordinary. Unlike most states, Alaska statutorily prohibited other departments of government from employing attorneys, so the civil lawyers I supervised addressed every non-criminal matter in state government. No representation of clients in court or administrative hearings since becoming corporate lawyer. Number of cases tried to verdict or judgment: Jury, <5; non-jury, <10; arbitration, <10; administrative bodies, <10. Cases on appeal: 10 Three most significant cases: International Brotherhood of Electrical Workers, Local 1547 v. Alaska Utility Construction, Inc – This case concerned union harassment against a small non-union electrical contractor. It had a contentious and lengthy pre-trial and trial process, culminating in this appeal successfully defending our punitive damage award. We experienced periodic threats of violence directed at our client and firm. At the time, the IBEW (International Brotherhood of Electrical Workers) was the most formidable and aggressive union in Alaska and this case was considered to be a true case of David defeating Goliath. Petro Star, Inc. v. Northland Alaska, Inc. – In this case, I brought a negligence action on behalf of Petro Star regarding a fuel truck accident at a construction site on the North Slope near the Prudhoe Bay oil fields. The jury trial was set in Barrow—the closest venue to the site of the incident. The judge, attorneys and witnesses all flew into Barrow and stayed together at a hotel on the Arctic Ocean near the courthouse. It was dark nearly every hour of the day and the walk to the courthouse— less than a block—was quite a challenge at 45 degrees below. My client representatives were Alaska natives, as Petro Star was a subsidiary of an Alaska Native Corporation. They joined me at the plaintiff’s table for the first few days of trial. Surprisingly, one day they came to court and told me that they could no longer attend trial as they needed to begin preparations for the whaling season. I continued without them. Unfortunately, the jury did not find in favor of my client, but it was a memorable week trying a case in the northern most city in the world. And it tested my ability to adapt to extraordinary circumstances. Taranto v. North Slope Borough – Concerned Barrow (Alaska) residents, including the NSB (North Slope Borough) clerk, believed that Sheila Taranto, a local taxicab operator, was providing illegal alcohol and drugs to local residents from her cab. So, they prepared a petition seeking the names of those with information regarding Taranto’s illegal activities and put it at the front desk of the NSB clerk’s office. Taranto brought a defamation suit against NSB. NSB retained me after a failed attempt to dismiss the case before the Alaska Supreme Court. On remand, I brought a motion before the trial court seeking to establish the law of the case that government speech concerning matters of public safety were entitled to constitutional or common law protection thus requiring Taranto to prove “actual malice” to prevail on her defamation claim and seeking summary judgment. The trial court agreed with my analysis, as did the Alaska Supreme Court in the case cited above. Ultimately, Taranto filed a Petition for a Writ of Certiorari with the U.S. Supreme Court. One of my writing samples is the brief I filed on behalf of NSB in opposition, so more details about the case can be found there. The petition was denied and NSB prevailed. The process of developing and presenting a constitutional defense for NSB, all the way to the U.S. Supreme Court, was a satisfying professional challenge.  Gabler By Gretchen Schuldt Milwaukee County Circuit Judge Daniel Gabler provided false information on his judicial application about two Milwaukee Municipal Court cases that resulted in financial penalties against him and his wife. Gabler provided the information in application materials he submitted to Walker's office when seeking appointment to the bench. Gabler did not respond to emails about the matter sent to his office. Gabler was found guilty twice in the past four years of building code violations at two Milwaukee rental properties he owned with his wife, Marybeth. The couple has since sold at least one of them. Walker appointed Gabler to the bench in December. Gabler previously was chairman of the State Parole Commission. Gabler, in his judicial application, acknowledged the two court cases, but laid the blame on a contractor. "The origin of these most unfortunate actions was the omissions of a once reliable contractor," Gabler wrote. "In these cases I contracted with (the contractor), including a transfer of a substantial down payment, to complete the work as required by the city. "After months and months of promises and months of delay, I discovered that (the contractor) fled the country with my money in his pocket and without performing the necessary work." Yet Gabler was fined $280 in one of the cases in May 2015, six months before he hired the contractor in November 2015, according to Municipal and Circuit Court records. The property involved in that case is in the 300 block of E. Wilson St. The contractor was hired to work at a different property owned by the Gablers. That property, which the couple has since sold, is in the 2200 block of S. Chase Ave. The Gablers live on North Lake Drive in Bayside. Gabler, in his judicial application, acknowledged the two court cases, but laid the blame on a contractor. ... Yet Gabler was fined $280 in one of the cases in May 2015, six months before he hired the contractor, records show. The Municipal Court case stemming from the Chase Ave. code violations involved the housing unit – not the garage the contractor was allegedly hired to fix, according to the city Department of Neighborhood Services (DNS) and Circuit Court records.
A small claims case Gabler filed against the contractor said the two reached a verbal agreement in November 2015 calling for the contractor to make several repairs to the garage at the Chase Ave. property. The city had issued a raze order for the structure in April 2015. In its order, the city cited structurally defective walls, structurally defective columns or beams; defective exterior finishes, exterior trim, and door units. The Gablers were supposed to comply with the order by Nov. 11, 2015. The contractor was supposed to replace door headers and doors, tuck point the concrete block, replace the roof and paint the garage, according to Gabler's lawsuit, filed in May 2016. The agreed-upon price was $12,500; Gabler alleged he gave the contractor a $5,000 down payment. Gabler eventually won a $10,388 judgment in the case and settled for $5,500, according to Circuit Court records. The Gablers had the garage torn down by mid-July, 2016, according to DNS records. Meanwhile, the city was preparing to take the couple to court over orders inspectors issued for the housing unit at the same address. The Gablers were told in November 2014 to replace defective fascia boards, roof eave boards, and exterior trim boards. The city also ordered the couple to paint wood and metal surfaces. Building code violations are taken to Municipal Court if the property owner does not correct them within a certain time period. On Aug. 16, 2016, the Gablers were each fined $440 for the violations, according to Municipal Court records. The next day, the city reinspected the Chase Ave. property and found additional problems. This time the Gablers were ordered to paint; replace defective and missing boards in the roof eave; replace missing downspouts and connect to gutters; replace defective gutters; replace missing mortar on exterior walls; replace defective trim boards; and replace defective and missing siding. In the earlier, 2015 building code case, involving the property in the 300 block of E. Wilson Street, Gabler was found guilty in May 2015 of the violations and was ordered to pay $280 in penalties; charges against Marybeth Gabler were dismissed without prejudice, according to Milwaukee Municipal Court records. Gabler's Wilson St. property originally was cited in May 2013 for 12 violations; four remained by the time the penalty was levied. The Gablers did not meet orders to paint wood and metal surfaces and repair or replace a defective service walk, according to records.  Gabler Note: WJI will continue the "Walker's judges" features for judges appointed by former Gov. Scott Walker who are still on the bench. We also will add information about Gov. Tony Evers' appointees as he makes them.
The information here is taken from the appointees' own judgeship applications. Name: Daniel J. Gabler Appointed to: Milwaukee County Circuit Court Appointment date: Dec. 26, 2018 Education: Law School – Marquette University Undergrad – Creighton University High School –Not listed Legal employment: March 2017-present – Chairman, Wisconsin Parole Commission 1999-2017 – Milwaukee County assistant district attorney 1997-1999 – Compliance officer, Goodwill Industries 1996-1997 – Public affairs manager, Time Warner Cable Memberships: Wisconsin Bar Association Milwaukee Bar Association Arbitrator, Milwaukee Better Business Bureau Federalist Society U.S. District Court, Eastern District of Wisconsin U.S. Court of Appeals for the 7th Circuit St. Thomas More Society Gabler, on his resume, lists his accomplishments as a Milwaukee County assistant district attorney.
Legal experience as an advocate in criminal litigation, civil litigation, administrative proceedings: Over 27 years of experience in the legal profession, advocated for the rights and interests of individuals, families, small businesses, community based organizations, municipal governments, witnesses and crime victims through firm but fair advocacy in faithful adherence to the law – ever mindful that what I may want the law to be cannot be my guide. My guide has been the law as written and interpreted by higher courts. Worked as a Better Business Bureau arbitrator required application of facts consistent with terms of arbitration agreement and the Wisconsin Lemon Law. No matter how sympathetic the plaintiff / auto owner was, there were times my decisions resulted in disappointment out of my faithfulness to the law. Most recently was chair of the Wisconsin Parole Commission. Number of cases tried to verdict or judgment: Jury, more than 100; non-jury, more than 35; arbitration, 10; administrative bodies, More than 2,000 (parole chair). Cases on appeal: Wrote three appeals briefs in unpublished cases. As clerk to Appeals Judge MIchael T. Sullivan, researched and drafted in part five District I Court of Appeals decisions. List and describe the three most significant cases in which you were involved: (Gabler listed only two) State v. Artic, 2006 In this case, I prosecuted Mr. Robert Artic Sr. for Conspiracy to Commit the Crime of Possession with Intent to Deliver Controlled Substance-Cocaine and Keeper of a Drug Place in February 2006 (06 CF 0685). It was a particularly challenging case for the evidence against the defendant was circumstantial. In addition, it was tried before a jury over the course of five days in front of a judge who had just been rotated to the criminal division, having virtually no prior criminal jury trial experience. After presenting numerous police testimony evidence and over 25 exhibits, the jury found Defendant Artic guilty of both counts. Racine v. Weisflog, 1991 The case resulted in an opinion issued by the Wisconsin Court of Appeals that addressed uncharted parameters of a corporate officer / director’s fiduciary duties to the corporation when a business opportunity presents itself to that officer / director. As a judicial law clerk for the Hon. Michael T Sullivan, I researched, drafted and conferred with other judges on the panel to arrive at a unanimous opinion that has stood the test of time. ... The Racine v. Weisflog holding was the synthesis of Wisconsin case law together with general principles of corporate law, and legal treatises and commentaries.  Crivello "Walker's judges" is our effort to present information about Gov. Walker's appointees to the bench. The information is taken from the appointees' own judgeship applications. Name: Laura A. Crivello Appointed to: Milwaukee County Circuit Court Appointment date: March 13, 2018 (up for election spring 2019) Education: Law School – Marquette University Undergraduate – UW-Milwaukee (earlier attended Belmont University, Nashville, TN) High School – Mary D. Bradford High School, Kenosha, WI Recent legal employment: 1995 - present – Assistant district attorney, Milwaukee County District Attorney’s office Memberships: Courts of the State of Wisconsin U.S. District Court-Eastern District State Bar of Wisconsin Legal experience as an advocate in criminal litigation, civil litigation, administrative proceedings: Assistant district attorney for 23 years. Cases handled include traffic, misdemeanors, children in need of protective custody, firearms, domestic violence, gangs, community prosecution, drugs, and homicide cases. Number of cases tried to verdict or judgment: Jury, 100+; non-jury, 100+; arbitration, no answer given,; administrative bodies, 5+. Cases on appeal: 20+ Three most significant cases: East Side Mafioso Investigation and Prosecution – Back in 2014, the heroin epidemic was coming into full swing. The east side of Milwaukee was experiencing an increase in violence and overdoses. HIDTA decided to target a gang with a history of violence who was accurately believed to be supplying this area with this poison. This gang called themselves the East Side Mafioso. Our goal was to not only eliminate the suppliers, but to also to see if we could do something to help the people addicted to heroin. Our investigation developed into a … State run wiretap which spun into two other successive wiretaps resulting in six lines that were ultimately tapped. On the day of the take down, HIDTA executed ten search warrants which resulted in the seizure of eleven firearms, $21,000 in U.S. currency, nine assorted vehicles, approximately one half kilogram of heroin, one half kilogram of cocaine, as well as substantial amounts of cocaine base and marijuana. Furthermore, forty-five individuals were arrested … We also were able to place many of the users who were selling to support their habit into drug treatment court. …I know we saved lives by putting the supplier in prison for extensive periods of time and I know we saved the lives of a number of the addicts which I why I know this investigation and prosecution were significant. Violent Crime Tint Crew (Blessed Team/Big Money Addicts) In 2015, heroin dealers modified how they sold heroin in Milwaukee County. The market changed from drugs being sold from stash house (a closed market) to drug being sold out of tinted out cars (an open market). These individuals worked off of phones which were shared by groups. … These dealers loved social media and tended to post video clips of themselves driving through the community with vast amounts of drugs, firearms with extended magazines and stacks of money. … Our investigation was a multi-jurisdictional effort that resulted in approximately twenty higher level suppliers being arrested, prosecuted, and ultimately placed in prison. Confidential informant information, controlled purchases of drugs, under-cover buys, multiple search warrants, and other lawful means were utilized to build cases … One of the most frustrating parts of the whole investigation was that as soon as one member was arrested, we would seize the phone. This group was technically advanced enough to realize that the phone line was what provided the money, so they would port the phone line to a different device immediately after an arrest … We decided to employ a tactic that had never been used in the United States. A warrant was drafted which ordered the phone company to freeze all data going into and out of a particular line that was utilized by the BMA, thereby rendering the line useless for a thirty day period. …We were thereby able to disrupt the drug trafficking continuum and hopefully save some lives. Since this was accomplished, I have heard from prosecutors and law enforcement across the United States seeking copies of our documents to replicate what we did in Milwaukee to affect the heroin trafficking trade on our soil. Willie Jordan and Mario Wood – In 2014, I was aware of a homicide that occurred where the victim was found with duct tape, pistol whipped, beaten, shot in the head and dumped in an alley. The suspect for this crime was Willie Jordan. He was charged with False Imprisonment by a different prosecutor. On the day of trial, the case was dismissed. I had followed this case and watched this matter transpire … and it didn’t feel like justice was served. Then in December of 2015. I learned of a young stripper who was the girlfriend of Willie Jordan who had been bound with duct tape, pistol whipped, beaten, branded repeatedly with a red hot fork, injected with heroin – twice and left for dead. The perpetrator before stealing the victim's dog, turned on the gas on the stove causing great risk to the entire neighborhood. ...Ultimately, the victim's relative found her near death and called the paramedics. The case was initially reviewed as an overdose. No evidence was taken from the scene. ... The reviewing prosecutor ultimately no processed the case because she felt the victim was uncooperative and her medical records reflected that she had marijuana in her system. There was no physical evidence to corroborate her statement due to the case not being properly investigated and the perpetrators wearing gloves. … Again, I felt that justice had not been served. Six weeks after the incident, I decided to meet with the victim. ... [Despite difficulties the victim ultimately testified..] The victim’s testimony was the most powerful testimony I have ever heard. … Ultimately, the jury convicted Jordan of Attempted 1st degree Intentional Homicide, False Imprisonment, Armed Robbery, and Delivery of Heroin. Jordan is presently serving an 80 year sentence in the Wisconsin Prison System broken down into 50 years of initial confinement followed by 30 years of extended supervision. … All previous runs for office: NA Pro bono legal work in the last five years: Due to my position, I am unable to do pro bono legal work. 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: NA Professional or civic organizations, volunteer activities, service in a church or synagogue, or any other activities or hobbies that could be relevant or helpful to consideration of the application: Redacted WJI note: Nicholas J. Korger, assistant legal counsel in Gov. Scott Walker's office said in a cover letter accompanying applications submitted by Crivello and two other judicial appointees that "certain information for one applicant is redacted due to ongoing security concerns." While Korger did not identify the applicant, it is presumably Crivello. Quotes: Why I want to be a judge – I am seeking where I may do the greatest good. For the last twenty three years, I have sought to do what is right and what is just. I have tried to be fair and to the best job that I could do. I have prayed for remedies or made recommendation as to what I believe is just. I am turning fifty this year, and I am at that point in life where I am ready to be the person making the decision, not just the person asking for the right thing to be done. I also believe that I would be a good judge. I am well studied and experienced. I have a proven track record of trying hard cases and prevailing. I also try the right cases for the right reasons. I have demonstrated that I exercise sound judgment and I am devoted to seeking justice. I believe that the law was created for the common man and the law should apply equally to all. I believe that the law should be carried out in a fair and impartial manner. … I belief in speaking the truth even if your voice shakes and accepting responsibility. ... I believe I possess the qualities that I would want in a judge…compassion, humility, and common sense. I consider myself to be conservative in my judicial philosophy. I do not believe that someone is placed on the bench to legislate from this platform or to have their personal agenda fulfilled. – Milwaukee County Circuit Judge Laura A. Crivello Best United States or Wisconsin Supreme Court opinion in the last thirty years – State of Wisconsin v. Charles Matalonis (2016)
I enjoyed the case … authored by Justice Annette Ziegler. Here, the Supreme Court reversed an unpublished court of appeals decision that reversed Matalonis’s conviction in Kenosha County Circuit Court for manufacture/delivery of THC. This case involved officers making contact with Matalonis’s brother, Antony, who was battered and bloody. When officers spoke to Antony, his accounts were inconsistent. A trial [sic] of blood was followed to Matalonis’s residence, where officers observed blood on the door and heard banging sounds coming from the inside. Upon knocking, Matalonis answered the door, at which time officers observed blood on the floor. Subsequently, the officers advised that they wanted to ensure that no one else was injured. Matalonis let the officers into the house. Upon walking through the house, officers observed blood on the wall leading upstairs and on a locked door. Marijuana and drug paraphernalia were also observed. After obtaining a key, police entered the locked room and found a marijuana plant and a grow operation. The Supreme Court found that the community caretaker doctrine made admissible the evidence recovered from the room. … This decision abounds with common sense. When law enforcement was confronted with inconsistent stories, a blood trial, odd noises, and smears of blood through a house, it would be reasonable for law enforcement to believe an injured person may be present based on these objective factors. There was no indication that law enforcement conducted an investigation or sought evidence. Law enforcement acted reasonably in seeking to care for the community which is what they are charged to do. The dissent was authored by Justice David Prosser and joined in by Justices Shirley Abrahamson and Anne (sic) Walsh Bradley. The dissent argued that the community caretake exception was expanded in this case beyond what was intended, without any compelling justification. This argument fails in that the objective facts presented to law enforcement provided the reasonable basis for the bona fide community caretaker function. Justice Abrahamson then wrote a separate dissent complaining that because this case was argued before Justice Bradley joined the court, the court should have not have decided the case without first determining whether it should have been reargued. This argument seems trivial and more about personalities than about the matter at hand. Worst Wisconsin or US Supreme Court decision – State v. Mitchell (1992) One of my least favorite cases issued by the Wisconsin Supreme Court is State v. Mitchell … This was a case that arose out of Kenosha County from an incident that occurred on October 7, 1989. Here, the Supreme Court declared unconstitutional a state statute which enhanced the penalty for a defendant if the victim was chosen on the basis of race, religion, color, disability, sexual orientation, national origin or ancestry. Ultimately, on June 11, 1993, the United States Supreme Court reversed the Wisconsin Supreme Court finding that the Wisconsin statute providing for enhancement of the defendant’s sentence whenever he intentionally selects his victim based on race did not violate the defendant’s free speech rights by purporting to punish his biased belief, and the statue was not overbroad. The facts underlying this case involved Mitchell, a 19 year old black man, that instigated an attack against a fourteen year old white child after discussing a scene from the movie “Mississippi Burning” where a white man beat a young black boy who was praying. Mitchell and approximately ten others observed the fourteen year old approach an apartment complex, at which time Mitchell said “you all want to fuck somebody up? There goes a white boy; go, get him.” Mitchell pointed at the victim. The victim was beaten to the point that he remained in a coma for four days and suffered extensive injuries including possible permanent brain damage. The question before the court was whether an increase in Mitchell’s sentence based on his bigoted motives violated his First Amendment rights? The First Amendment states: “Congress shall make no law…abridging the freedom of speech.” This Amendment protects not only speech but thought as well. In a unanimous opinion drafted by Justice Rehnquist, the Court found that the Wisconsin statute paralleled the antidiscrimination laws which had been found to comply with the First Amendment. The Court reasoned that the consequences for the victim and the community tend to be harsher, when a crime victim is chosen based on race. Thereby, when the Wisconsin statutes increased the sentence for such crimes, it wasn’t punishing the defendant for his beliefs, but rather for the predicted ramifications of the crime. Ultimately, the Court reasoned that the Wisconsin statue did not violate the First Amendment because an average person’s bigoted comments would be used against him in a legal proceeding so infrequently that he or she would not feel forced to suppress them. Thus, there is no chilling effect and the statute is not overbroad. Judicial philosophy – I consider myself to be conservative in my judicial philosophy. I do not believe that someone is placed on the bench to legislate from this platform or to have their personal agenda fulfilled. A judge should not enforce views as to what is desirable public policy over following historical precedents. A judge’s roll [sic] is to construe as objectively as possible the Constitution of the United States and the law’s that pertain to the matter. The Constitution is an amazing document that forms the basis for our legal system. Every day, I argue relative to different amendments and how different people interpret the amendments. I believe that the Constitution should be construed in the light of the drafters’ intent. I also believe in historical precedents. The law should apply equally to all. In order for this to transpire, all people need to believe that the courts will follow the laws that are in place. By following precentral (sic) authority there is a guide in place as to what each member of society may do or not do. If a judge chooses to place his or her own views above precedential authority, then that judge would be creating chaos for the members of that community and the laws would no longer apply equally to all. When looking at statutes, I am a strict constructionist. The clear reading of a statue should act as a road map. If there is a vague or confusing portion, then legislative intent should be reviewed. I believe in judicial restraint. Judges should hesitate to strike down laws, unless they are clearly unconstitutional. Describe any other information you feel would be helpful to your application – Redacted  Skwierawski "Walker's judges" is our effort to present information about Gov. Walker's appointees to the bench. The information is taken from the appointees' own judgeship applications. Name: Audrey K Skwierawski Appointed to: Milwaukee County Circuit Court Appointment date: March 13, 2018 (up for election in spring 2019) Education: Law school – Georgetown University Law Center Undergrad – Northwestern University High School – Pius XI Catholic High School Recent Employment: 2011-present – Attorney General-Violence Against Women Prosecutor, Wisconsin Department of Justice 2008-2010 – Coordinator, Commission on Domestic Violence and Sex Assault, City of Milwaukee 1994-2008 – Assistant District Attorney, Milwaukee County Memberships: State Bar of Wisconsin Legal experience as an advocate in criminal litigation, civil litigation, administrative proceedings: Served as Milwaukee County and state prosecutor for a combined total of more than 20 years. Has conducted more than 100 jury trials and 50 court trials. Prosecuted a double homicide and sexual assault, along with traffic, general misdemeanor and juvenile court cases. Has special expertise in domestic violence, stalking and sexual assault cases. Job duties also include providing ongoing training and technical support statewide to prosecutors handling domestic violence and sexual assault cases. Civil law experience includes assisting with a client who ran a health insurance plan and handling motions in various states; handling civil commitments of sexually violent persons cases as assistant district attorney. No significant experience advocating in administrative proceedings. Number of cases tried to verdict or judgment: Jury, more than 100; non-jury, more than 50; arbitration, 0; administrative bodies, 0. Cases on appeal: None. Three most significant cases in which you were involved: 1. State v. Billy Lee Morford – (Milwaukee County) 1996; State v. Morford, 2004 This is a Chapter 980 sexually violent person commitment case in which the respondent had already been committed for some time. Due to several factors such as advancing age and poor health Mr. Morford petitioned for what is called “supervised release” from his commitment so that he could live in the community while being supervised. I was part of the litigation team that fought against this release but ultimately lost. What ensued was a many months-long search for a private residence in the city of Milwaukee where Mr. Morford could live while being supervised. The Morford case lead (sic) to an enormous public outcry, creation of a bi-partisan state legislative committee to seek placement alternatives (on which I served), ordinances passed by municipalities to stop offenders from being placed in their communities and a series of legislative changes to Chapter 980 relating to the supervised release process. It also led to a motion for reconsideration of the initial release determination, which eventually became the subject of the above Wisconsin Supreme Court decision. 2. State v. Kenneth Spaulding – (Milwaukee County) 1997, 1998 and 1998 I prosecuted the Reverend Spaulding for sexual assault of multiple children in West Milwaukee, all of whose families had allowed him access to their children as part of church related youth group activities. As I worked with West Milwaukee and West Allis police we uncovered a pattern of sexual abuse of children in many other states. The defendant had moved around the country abusing special needs and troubled children. The vulnerability of these children made them poor witnesses, and when authorities got close the defendant would immediately move out of the jurisdiction. The fact that the defendant used his ministry to violate children offended me on a deeply personal level. I believe the case to be significant not from a legal perspective but from a human one. So many victims of the defendant heard about the prosecution that they made pilgrimage to Milwaukee for the closing arguments and the sentencing. Many victims from other states submitted letters and finally found closure after the defendant was sentenced to a lengthy prison term. 3. State v. Nicholas Tuinstra – (Green Lake County) 2014 I worked with a litigation team of the elected District Attorney and another Assistant Attorney General to convict the defendant on two counts of first degree homicide and one count of stalking. The case involved domestic violence and I worked to bring in and qualify an expert on domestic abuse. The case is now in post-conviction motion stages. There are several issues of significance that will likely be decided on appeal during the next year. Prior judicial experience: Supplemental court commissioner for Milwaukee County Circuit Judge Stephanie G. Rothstein. In that capacity I have officiated for many weddings but have not conducted any other judicial/quasi-judicial activities. All previous runs for office: Ran unsuccessfully for Milwaukee County circuit judge in 2003. Judicial or non-partisan candidates that you have publicly endorsed in the last six years: Dane County Circuit Judge Jill Karofsky and Milwaukee County Circuit Judges Mark Sanders, Thomas McAdams, and Janet Protasiewicz Professional or civic organizations, volunteer activities, service in a church or synagogue, or any other activities or hobbies that could be relevant or helpful to consideration of the application: Attorney General’s Statewide Sexual Assault Response Team Co-chair, 2012 - present Wisconsin Professional Society on the Abuse of Children, Executive Board Member, 1998 - 2001 • Wisconsin Association of State Prosecutors Executive Board member and vice president, 1996 - 2008 State of Wisconsin Violence Against Women Act Advisory Committee, 1999 - 2002, 2008 - present Milwaukee Commission on Domestic Violence and Sexual Assault Commissioner, 1998 - 2001 Wisconsin Legislative Council Special Committee Sex Offender Placement, 2007 Milwaukee County Judicial Oversight Initiative Advisory Committee, 1998 - 2000 Mt. Mary University Criminal Justice Advisory Board, 2014 - 2016 Polish Heritage Alliance, member Polanki Women’s Organization, member Washington Heights Neighborhood Association, member St. Sebastian Catholic Church, member Annunciation Greek Orthodox Church, member Philoptocos Greek Women’s Organization, member Pius XI High School Parent Producers (support performing arts at Pius XI High School), member Describe any courses on law you have taught or lectures you have given: Applicant cites a long list of courses and lectures. In my current role as violence against women resource prosecutor I am responsible for presenting numerous trainings throughout the state for diverse audiences including judges, prosecutors, law enforcement agencies, probation agents, victim witness professionals and community advocates. Pro bono legal work in the last five years: None. Wisconsin law dictates that prosecutors not engage in any other practice of law outside of their employment. Quotes: Why I want to be a judge – Our judicial system often represents the closest connection point for many Americans to interface with their Constitution and their government. With the exception of marriage and adoption, the hundreds who appear in circuit court in Milwaukee County every day come because of an unhappy, stressful circumstance. They come bearing the weight of criminal victimization, unresolved business disputes, divorce or some other potentially life-changing problem. In short, they come to the court when things may be at the worst in their lives. That is precisely when they deserve the best that our justice system can provide. They deserve a circuit court judge who delivers on the promise of the rule of law, honors the Constitution and has a deep understanding of the separation of powers. Those appearing in Milwaukee courts also need a circuit court judge who can dispense justice without unnecessary delay. The courts in Milwaukee carry heavy dockets, so a circuit court judge must not only be able to follow the rule of law thoughtfully and accurately, but also expediently. I want to be a judge because I have the skills to deliver the high level of juridical excellence combined with the efficiency that the people of Milwaukee County should expect when they walk into the courthouse. My educational experiences at both Northwestern University and Georgetown University create the foundation for the intellectual rigor required to make well-reasoned decisions. My more than twenty years of real world experience as a litigator (first in Milwaukee courtrooms and then in courtrooms all over the state) has honed my ability to deftly handle large calendars and complex cases without sacrificing quality. They come bearing the weight of criminal victimization, unresolved business disputes, divorce or some other potentially life-changing problem. In short, they come to the court when things may be at the worst in their lives. Best Wisconsin or US Supreme Court decision in the last 30 years – Paroline v. United States (2014)
As a prosecutor I have worked with hundreds of crime victims throughout the state. I believe Paroline v. United States ... is one of the best decisions of the past 30 years because in it the U.S. Supreme Court modeled treating victims with sensitivity, dignity, and respect. The court showed empathy towards the victim, protecting her privacy, and instructing on the importance of restitution. The victim in Paroline, identified as "Amy," was sexually assaulted by her uncle as a young girl. Compounding his crimes, her uncle also recorded and distributed pornographic images of her abuse on the Internet. Paroline was convicted for possessing two of the 150 to 300 total images of child pornography in his custody. Amy sought $3.4 million in restitution, under the federal statute that mandates full restitution to child pornography victims, arguing that everyone who possesses images of her is continuing to contribute to her injury and, consequently, each of them should be required to pay the full amount for her losses. The Supreme Court ruled that Paroline was not responsible for the entire $3.4 million but he should have to pay his share of restitution and that amount must be enough to send the message that his part in the crime was not victimless. Although the court did not rule that Amy should receive the full $3.4 million from Paroline, the court's decision is exemplary in its treatment of Amy as a crime victim. In the decision, the justices show compassion and sensitivity towards Amy. In demonstrating empathy for Amy, the court signals to all who read this case that Amy is a real person worthy of our attention and respect. ... The court protected the victim's right to privacy by allowing Amy to use a pseudonym rather than her real name. This allows Amy to avoid further humiliation as she puts her life back together. Not all courts allow victims to remain anonymous. When victims’ identities are revealed along with graphic details of the crimes committed against them, it exacerbates the trauma they experience. In modeling the use of a pseudonym, the U.S. Supreme Court indicates to lower courts that this practice is not only acceptable, but preferred. Lastly, the court fully embraced the importance of restitution noting that restitution is effective in rehabilitating offenders because it forces them to concretely confront the harm they caused. Worst Wisconsin or US Supreme Court decision in the last 30 years – State v. Johnson (2013 WI 59.) Crime victims often rely on mental health providers to help them heal emotionally and psychologically after they have been harmed. The psychologist-patient privilege is especially important because it encourages these crime victims to fully disclose information, without fear of embarrassment or humiliation, in order to receive much-needed counseling and support. It is not uncommon for defendants (especially in sexual assault cases) to attempt to pierce this privilege, arguing that the mental health records contain exculpatory evidence. Current Wisconsin law creates a dilemma for victims because once a judge makes the requisite findings, victims must choose to disclose their mental health records and testify against their abuser or choose not to disclose and be barred from testifying. This dilemma is at the heart of the what I believe to be the worst decision issued by the Wisconsin Supreme Court in the past 30 years, State v. Johnson (2013 WI 59.) Curtis Johnson was charged with one count of repeated acts of sexual assault to his stepdaughter when she was between 12 and 15 years old. During discovery Johnson moved the court for an in camera inspection of his niece's therapy records, asserting the records contained information about their relationship and were exculpatory. The circuit court ruled that Johnson met the requisite burden and ordered the victim to disclose her records. The victim asserted the psychologist-patient privilege and declined to allow the judge to see her records. In response, and departing from precedent, the judge issued an order allowing the victim to testify, without disclosing her records, provided the jury was instructed that it could infer that the undisclosed records would be helpful to the defense. The Court of Appeals reversed the trial court's decision and ruled that the victim could not testify as long as she was "exerting" her privilege. State v. Johnson (No. 2011 AP 2864-CRAC). In State v. Johnson (2013 WI 59) the Supreme Court issued a per curiam decision in which two justices did not participate. The court offered no legal analysis in its decision. Rather the opinion presents various issues and indicates which justices decided one way or the other on each issue. Ultimately the court reversed the appellate court's decision and found "under varying rationales" that the victim could testify without disclosing her mental health records. The decision was silent as to the curative instruction. The parties and the trial court did not know how to proceed because the decision offered no analysis, departed from precedent, and did not discuss the curative instruction. Both the state and defense asked the court to reconsider this decision. The Supreme Court issued a second per curiam decision in which it admitted its first decision was confusing and left the parties and the trial court "without sufficient guidance or ability to proceed consistent with precedent." State v. Johnson (2014 WI 16). In the end, the court affirmed the Court of Appeals decision. The dilemma for Johnson's niece remained. Judicial philosophy: I recently taught an undergraduate university course on the way our criminal justice system handles various forms of abuse – sexual abuse, domestic abuse, and elder abuse. I inherited a set of lesson plans from a previous professor who graciously shared them with me. But instead of starting with the first plan and chapter of the book, I started where I thought all students of criminal justice should start – with an intensive review of our system of separation of powers and checks and balances. Working from the municipal level to the county then the state and federal levels we developed a working “map” on the board depicting the three branches of government as well as their responsibilities. Just as I chose this lesson to be the foundation for the students, I recognize it as the foundation of my judicial philosophy. As judges in our courts work toward the ideal of “equal justice under law” each must have a firm grounding and understanding of their role in our democratic system. With this foundation in place, the circuit court judge works to conduct motions, facilitate truthful testimony, conduct fair trials and apply the laws as enacted by the legislature. And the good circuit court judge carries out these duties while striving to adhere to the highest level of personal and professional excellence in every case no matter how large or small. Conducting a great many day to day duties at a high level of excellence while keeping in mind one’s role in the larger system of democracy can seem an impossible task, but I am guided by the many exemplary judges in our state whom I have had the good fortune to observe in action. I do not pretend to be able to work to their levels because taken together they have set the bar high. Knowing it can be done, however, helps me to aspire. My own undergraduate alma mater, Northwestern University, was founded on the motto, “Whatsoever things are true” taken from Philippians, 4.8: Finally, brethren, whatsoever things are true, whatsoever things are honest, whatsoever things are just, whatsoever things are pure, whatsoever things are lovely, whatsoever things are of good report; if there be any virtue, and if there be any praise, think on these things. If a firm understanding of the separation of powers forms the foundational “floor” for my judicial philosophy, then these words capture the aspirational “ceiling.” For whatever else a judge may seek to do, he or she should take the bench thinking always upon the search for what is true, what is honest and what is just. Previous application for judicial appointment: Application for appointment as a Milwaukee County Circuit Court Judge submitted to the Governor’s Judicial Nominating Commission in 2003. |
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