Evers' judges: Emily Nolan-Plutchak

​"Evers' judges" is our effort to present information about Gov. Tony Evers' appointees to the bench. The information is taken from the appointees' own judgeship applications.
 
Italics indicate direct quotes from the application.​ 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: Emily Nolan-Plutchak
 
Appointed to: Wood County Circuit Court
 
Appointment date: July 9, 2025, to term ending July 31, 2026
 
Education:
Law School – Marquette University, Milwaukee, Wisconsin
Undergraduate – University of Wisconsin-Madison
High School – Madison West High, Madison, Wisconsin
 
Recent legal employment:
April 2023-present – Local attorney manager for Wood and Adams counties, Wisconsin State Public Defender, Wisconsin Rapids, Wisconsin
May 2007-present – Assistant state public defender, Wisconsin State Public Defenders, Stevens Point, Wisconsin
November 2006-May 2007 – Assistant public defender attorney, Missouri State Public Defender, St. Joseph, Missouri
June 2005-November 2006 – Attorney, private practice, Madison, Wisconsin
 
Bar and administrative memberships:
State Bar of Wisconsin
 
General character of practice:
I am an Assistant State Public Defender Attorney, representing indigent adult and juvenile clients in criminal and civil cases.in Wood County. Since April of 2023, I have been the Local Attorney Manager in the Wisconsin Rapids Office, managing five attorneys, two support staff and one investigator. I handle misdemeanor and felony trial cases. I handle administrative hearings for probation revocation. I handle civil matters including guardianships, termination of parental rights cases and mental health commitments. I also represent juveniles in delinquency cases. Additionally, serve as adversary counsel for children in Children in Need of Protection and Services cases. In addition to hearings and depositions, my practice includes significant trial work. During my career I have handled over 2,500 cases.
 
Describe typical clients:
My clients, typically, are rural community members living in poverty many of whom have mental health issues and/or substance use disorders. My experience with their cases has been one of the reasons I have worked so diligently and collaboratively to create drug treatment programs, expand treatment options, and improve access to mental health services in the communities I serve.
 
Number of cases tried to verdict: 18 
 
List up to three significant trials, appeals, or other legal matters in which you participated as a judge or lawyer in the past seven years:
Adams County Case 24TP2
I represented the mother in a termination of parental rights and then represented her at jury trial (January 29 and January 30, 2025), I successfully argued that Adams County Health and Human Services did not make reasonable efforts to reunify my client with her child and did not make appropriate accommodations in working with my client. I successfully showed at trial that my client wasn't able to read, yet no one at Adams County Health and Human Services (HHS) read to her any of the-documents in her case. The jury found that HHS did not make reasonable efforts to reunify my client with her child so there were no grounds to terminate her rights. This case was significant because my client was a teenage mother who had been failed by human services and the criminal justice system her entire life. Health and Human Services presumed because my client was incarcerated, young, and poor with a cognitive delay that she was not capable of parenting her child. The verdict forced Health and Human Services to actually provide services to my client so she has a chance at reunification with her child even though she is currently incarcerated. My client is now having visits with her child and is working with Health and Human Services to get the services that she needs to be successful. HHS is required to make appropriate accommodations so that she can be successful. She is looking forward to being released from prison and taking part in a year long Department of Corrections (DOC) program that helps people with mental health issues successfully transition in to society.
 
Wood County Case 22CF388
My client was an 18 year old brown child, who was charged with attempted 1st degree intentional homicide for allegedly shooting a person in the head. This case contained a lot of video surveillance from the hotel where the incident happened. However, when the State provided me with the video, it was all in 30 second snippets. We had to piece together all the video in order to get an accurate picture of what happened in the middle of 'the night in that parking lot. Once we pieced all the video together, we discovered that there were witnesses present whom law enforcement never talked to. There was no indication on the video that the gun had been fired. Furthermore, the alleged victim did not speak English and law enforcement never utilized a translator when speaking to him. We had the video translated and the alleged victim told police that he had been hit, not shot. We then were able to hire an expert who opined that the alleged victim was never shot but rather it was likely he had been hit in the head with a beer bottle. This was a significant case because law enforcement clearly had tunnel vision. They saw a brown young man with a gun and made inferences that they could not back up with evidence. My client thought his life was over because he was brown and accused of attempted 1st degree intentional homicide. I was able to show him that even though the criminal justice system is often broken, that there are still people who will ensure that his rights are protected and there are people that will fight for him. On January 30, 2024 the case was dismissed by the District Attorney.
 
Wood County Case 18CF191
My client was charged with possession with intent of heroin (10 to 50 grams) party to a crime, possession with intent of cocaine (15 to 40·grams) party to a crime, and maintaining a drug trafficking place. My client had been using heroin since high school. She had post traumatic stress disorder due to being present when her friend was killed while attempting to buy drugs in Milwaukee. My client felt an immense amount of guilt about that and stayed perpetually high on opiates. My client had been allowing drug dealers to live in her home because they gave her free drugs as payment. My client was also sexually assaulted many times during this period. Her house had become a drug haven where people came to buy and use drugs. Law enforcement believed my client was the root of the problem. I was able to convince law enforcement that due to the trauma in her past life, she was being taken advantage of by drug dealers in the community and was, in actuality, not the problem. Because I was able to convince law enforcement that she had significant trauma law enforcement supported her getting in to drug treatment court. I was then able to convince the assistant district attorney that even though she had very significant charges that she should be given a chance. Law enforcement was skeptical that she was going to be able to complete the program but I believed if she got the proper treatment she could be successful. During drug treatment court she received the proper treatment for her dual mental health and substance use disorder diagnosis. She started taking classes at the local technical college, she had a drug free baby and was able to fix relationships that she had with her family that had been destroyed due to her substance use. She graduated from drug treatment court on December 15, 2021. The felonies that had been diverted in to drug court were dismissed upon her graduation from drug court. Because of that, she has no felony convictions. She now lives in Waukesha, is raising her daughter and has received a diploma from technical college in cosmetology. She has been sober for 5 years. She has had no further interaction with the criminal justice system. This case was significant in Wood County because I was able to convince stakeholders involved in her case to look at her as a complete person and not just the crimes that she was charged with. She was then able to show them through her success that people with very serious traumatic pasts and very serious substance use disorders can be successful if given the proper tools and treatment. Her success opened the door to the treatment court to many people who may have not been considered in the past due to the severity of their charges.

Experience in adversary proceedings before administrative bodies:
I have worked for the State Public Defender for 18 years. During this time I have represented countless clients at probation revocation hearings. These hearings utilize administrative codes and procedures. I defend people who are alleged to have violated their rules of supervision while on probation or extended supervision. I advocate for alternatives to revocation that the Department of Corrections may have overlooked. I also help find resources for my client so they can be successful on supervision.
 
Describe your non-litigation experience (e.g., arbitration, mediation).
While I have not engaged in formal arbitration or mediation cases, I have worked closely in my revocation matters with the DOC to find alternatives to revocation.
 
Position or involvement in judicial, non-partisan, or partisan political campaign, committee, or organization:
College Democrats at UWSP - 1999-2000, member
College Democrats at UW-Madison - 2000-2002, member
Tammy Baldwin for House of Representatives - 1999, volunteer
Al Gore for President - 2000, volunteer
Jim Doyle for Governor - 2003, volunteer
Jim Doyle for Governor - 2008, volunteer
Barack Obama for President - 2008, volunteer
Barack Obama for President - 2012, volunteer
Tammy Baldwin for Senate - 2013, volunteer
Hillary Clinton for President - 2016, volunteer
Joe Biden for President - 2020 & 2024, volunteer
Kamala Harris for President - 2024, volunteer
 
Previous runs for public office: None listed
 
All judicial or non-partisan candidates endorsed in the last ten years: None listed
 
Professional or civic and charitable organizations:
Portage County Bar Association, 2007-present
Wood County Bar Association, 2007-present
Wisconsin Association of Treatment Court Professionals, board member, 2012-2023; other roles including president, 2017-2019
Wood County Adult Drug Treatment Court, team member, 2007-present
Wood County Drug Task Force, chair of Harm Reduction, 2017-2020
 
Significant pro bono legal work or volunteer service:
Wisconsin Rapids Raptor's Youth Football League – Board Member of Wisconsin Rapids youth tackle football and cheerleading program. As a board member I helped with outreach, registration, planning, fundraising, scholarship, practice, games and planning of banquets. The league has been able to maintain low costs by parent participation, minimal registration costs, fundraising and providing scholarships for children who cannot afford the registration costs so that every child who wants to participate is able to participate.

Grove Parent Group – Member of the Grove Elementary parent group which was dedicated to focusing on disparities in learning due to socio-economic, racial and cultural differences at Grove Elementary School. A focus of the group was providing support to parents who struggled at engagement with the school because of past negative experiences with the educational system.

Three Bridges Recovery – Board member for recovery coach non-profit organization. Three Bridges started as a grass roots non-profit in Wood County and now has contracts for recovery coach services all over the state,

Preemie Mom’s Group – Leader, and founder, of a group dedicated to supporting moms who gave birth prematurely, at 32 weeks or less. A focus of the group was moms supporting moms through the unique experience of parenting babies in the NICU.
I have mentored numerous attorneys and several law school interns while I have been a State Public Defender.
 
Quotes:
 
Why I want to be a judge:
My desire to serve the people of Wood County and Wisconsin as a judge arises from my longstanding commitment to being part of collaborative efforts to improve the criminal justice system and my knowledge of the impact judges can have within the courthouse and throughout the larger community.
 
During my 18 years as a public defender, I have seen individuals and families on some of the worst days of their lives. The vast majority of the people I represent struggle with addiction and/or mental health issues. Many of them have been victims of crimes and/or abuse themselves. The trauma they carry is another huge factor in why they end up in the criminal justice system.
 
I am an optimist. I can imagine a world—although we are not there yet—in which people’s interaction with the criminal justice system leaves them in a better place than when they entered it. My extensive involvement in the treatment courts in Wood County and throughout the state gives me optimism.
 
Judges have traditionally seen their role as limited in addressing addiction or other issues that bring people into court. To improve the system and the outcomes for the people who find themselves caught up in it, Judges must embrace ways to move from a reactive, non-collaborative way of doing things. Judges are crucial to a Treatment Court’s success. They must offer leadership, support, and work as part of a team to make treatment court as effective as possible. I have seen Judges do that. The difference that approach can make in an individual’s life and future inspires me to serve.
 
My desire to serve also stems from my deep professional and personal connections to Wood County. I am actively engaged in the Wood County legal community, fostering and embracing opportunities to create partnerships among law enforcement, public defenders, prosecutors, non-profits, and schools. On a personal level, Wood County is where I have chosen to raise my bi-racial twin boys, who are now in middle school. I am involved in community, parent, school, and sports booster clubs, including starting a “Preemie Mom Group,” which is dedicated to supporting moms who have had babies in the NICU and the unique experience of parenting preemies.
 
Judges must be connected to their local communities. They are seen as leaders in the legal community and as the public face of the justice system. As a Judge, I will be committed to serving the people of Wood County with the same integrity, compassion, professionalism, humility, focus on collaboration, and dedication to justice I have brought to my work as a public defender.
 
Describe which case in the past 25 years by the Wisconsin Supreme Court or U.S. Supreme Court you believe had a significant positive or negative impact on the people of Wisconsin.
Crawford v. Washington, 541 U.S. 36 (2004)
The U.S. Supreme court case Crawford v Washington is a decision that had a huge impact In Wisconsin, and across the nation. In Crawford, the Supreme Court guaranteed individuals accused of a crime the right to confront their accusers. The Supreme Court’s decision in Crawford marked a watershed moment in Confrontation Clause jurisprudence. Crawford established that the admission of testimonial hearsay against a criminal defendant violates the Sixth Amendment unless the declarant is unavailable and the defendant had a prior opportunity for cross-examination.

Crawford is an important decision because domestic violence prosecutions in the 1990s had worn away the rights of defendants to confront their accuser. In domestic violence prosecutions prosecutors were able to utilize hearsay testimony that had a mere “indicia of reliability” rather than requiring direct testimony that could be tested. In Crawford, the Court rejected the reliability-based standard set forth previously in Ohio v. Roberts, holding that the Sixth Amendment guarantees the procedural right of confrontation rather than a substantive reliability assessment. The Supreme Court noted that the reliability standard was vague and therefore could be manipulated to strip the defendants of their constitutional rights. This new standard limited prosecutorial reliance on out-of-court testimonial evidence. Importantly, it refocused Confrontation Clause analysis on procedural safeguards rather than judicial discretion, thereby reinforcing the adversarial process and due process protections.

While Crawford applies nationally, its relevance is particularly acute in Wisconsin following the enactment of Marsy’s Law in 2020. The intersection of Crawford and Marsy’s Law underscores a conflict between protecting the rights of crime victims and preserving the due process rights of the accused. Marsy’s Law amended Wisconsin’s Constitution. It gave victims’ rights standing in criminal proceedings, including the right to refuse pretrial interviews or discovery requests to the defense. While the intent of Marsy’s Law is commendable, its broad and sometimes ambiguous language has generated significant legal uncertainty. Specifically, by granting victims the right to refuse to be interviewed or subject to discovery, the amendment intrudes on a defense’s access to exculpatory evidence and obstructs vigorous and effective pretrial investigation.

In sum, for defense counsel in Wisconsin, Crawford has remained a powerful tool in safeguarding the integrity of the trial process and ensuring that testimonial evidence is subjected to adversarial testing. However, the expanded rights under Marsy’s Law have imposed new limits on traditional pretrial investigative avenues, thereby impeding the ability to effectively investigate and represent clients. As courts, prosecutors, and defense attorneys work to navigate this evolving terrain, Crawford will continue to serve as a necessary constitutional check ensuring that even in a victim-centered system, the fundamental rights of the accused remain protected.
 
Two or three judges whom I admire and why:
 
Judge James Mason, Wood County Circuit Court
Judge Mason was widely respected not only for his legal acumen but also for his unwavering commitment to fairness, community service, and integrity on the bench. I admired Judge Mason’s professionalism and the care he took when making decisions. Judge Mason always explained to defendants why he was making the decisions he was which ensured both my clients and I felt heard by him. His courtroom was a place where litigants—whether represented or pro se—could feel confident that their case had been judged fairly.

Beyond his work on the bench, Judge Mason served as a mentor to many younger attorneys and court officials in Wood County. His guidance extended beyond legal knowledge. He modeled how to uphold ethics, serve the public, and maintain humility in a position of authority. His leadership within the courthouse helped foster a culture of respect, learning, and dedication to public service

Judge Mason leaves a legacy of thoughtful jurisprudence, professional humility, and genuine compassion for the people affected by the legal system. These qualities make him a figure worthy of lasting admiration.

Judge Barbara Crabb, Western District of Wisconsin
Judge Crabb was the first woman to serve as a federal judge in Wisconsin and she ruled in significant cases for equality, civil rights, and liberty. I admire her for her commitment to justice, constitutional integrity, and public service. I admire the tough cases that Judge Crabb made decisions on and her willingness to always follow the law and do the right thing, even when the decision would be a controversial one.

Judge Crabb made decisions in many cases that were very impactful in Wisconsin. Judge Crabb struck down Wisconsin's ban on same-sex marriage, declaring it unconstitutional and affirming the fundamental right to marry for all individuals. Judge Crabb also played a pivotal role in affirming the treaty rights of Native American tribes in Wisconsin. These decisions were instrumental in addressing historical injustices and promoting reconciliation. Additionally, Judge Crabb was instrumental in causing change at the notorious and horrific Supermax prison in Boscobel, WI.
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Judge Crabb is known for being clear and having a balanced and thorough analysis of the law. Her decisions often reflect a deep concern for civil liberties. Judge Crabb has often shown courage in her decisions based on the law, even when her decisions were unpopular or controversial. Judge Crabb is worthy of admiration for her lasting impact on Wisconsin.
 
The proper role of a judge:
Judges must decide cases based solely on the law and the facts presented, without bias, prejudice, or outside influence. They must be impartial.
 
Over the course of my legal career, I have had the opportunity to observe and appear in front of many judges. All good judges share traits in common. They know the law. They maintain a professional courtroom environment where respect is extended to all participants, regardless of status. They work hard, with integrity and humility.
 
Judges must respect due process and fairness. They must ensure that all parties receive a fair opportunity to be heard and that proceedings are conducted with respect for legal rights and procedures.
 
Judges bring their values and experiences with them to their work as a judge. For example, Justice Ketanji Brown Jackson, who worked as a federal public defender, has highlighted the need for judges to make sure they are understood by all parties in a proceeding. Justice Jackson said, “One of the things I discovered very early on was how few of my clients really understood what had happened to them in the trial process. And so when I became a judge, I really focused on being clear." A judge’s decisions should be reasoned and articulated clearly, providing a basis for understanding and, if necessary, appeal.
 
Judges are protectors of constitutional rights and the guardians of constitutional liberties. Judges must ensure that government power is exercised within legal bounds. And finally, by embodying integrity, competence, fairness, fealty to the rule of law, and respect for all who come before them, judges uphold public confidence in the judicial system.

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