Evers' judges: Frank Gagliardi

​"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.​ Bold type within italicized answers comes from the original 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: Frank Gagliardi
 
Appointed to: Kenosha County Circuit Court
 
Appointment date: Nov. 30, 2023, to term ending July 31, 2024 (running on April 2, 2024 ballot for 6-year term)
 
Education:
Law School – Thomas M. Cooley Law School, Lansing, Michigan (now Western Michigan University Cooley Law School)
Undergraduate – University of Wisconsin-Parkside, Kenosha, WI
High School – St. Joseph’s High, Kenosha, Wisconsin
 
Recent legal employment:
October 2006-present – Attorney/partner, Gagliardi Law, LLP, Salem, Wisconsin
August 2021-November 2023 – Commissioner, Branch 1, Kenosha County Courthouse
October 2012-January 2020 – Commissioner, Branch 1, Kenosha County Courthouse
 
Bar and administrative memberships:
State Bar of Wisconsin
U.S. District Court for the Eastern District of Wisconsin
 
General character of practice:
I practice law in Kenosha County, where we help people in various areas of the law. We have a smaller size firm but work as a team to help our community members when they have legal needs. The environment in which I practice allows me the ability to help make a difference to the people we grew up with and those that now call our great County home - which I see on a routine basis. Regardless of the area of law that we are helping someone with, I am always trying to find alternative ways to resolve disputes. When you seek alternative ways and are successful, the clients appreciate your efforts to minimize costs and stress. While sometimes you cannot avoid the courtroom, there is always a need to limit unnecessary litigation and other collateral damage.
 
Describe typical clients:
Our typical clients are the people of the community. Your every day person that we call our neighbors. We service a few companies, but most of those are run by someone we have a prior relationship with. The area that I specialize in is Litigation. My focus has been in the areas of Personal Injury and Family Law. However, I have also handled: Medical Malpractice, Probates, Contested Estate Litigation, Estate Planning, Civil Litigation, Real Estate Litigation and Real Estate Transactions.
 
Number of cases tried to verdict: Four jury trials and approximately 10 bench trials per year for the past 15 years
 
List up to five significant trials, appeals, or other legal matters in which you participated as a judge or lawyer in the past seven years:
David J. Duncan vs. Dana R. Duncan 15-FA-288
I have represented David Duncan in his Divorce and Post Judgment Matters. This has been on ongoing litigation. There are many challenging factors to it on the family side and Attorney Anderson and I are working hard to minimize the collateral damage that results too often in these family law cases. Attorney Anderson and I have worked against each other in many cases throughout the years of my career.
Dale Schramm et. al. vs. Ivan Jovicic et. al. 17-CV-7
I represented Plaintiff, Dale Schramm, in an Auto Accident/Trucking Accident case. This litigation was extensive. Fault was not an issue, but finding an ability to make the Defendant financially responsible was a challenging task. This case settled in Mediation.
Debra Gilley et al vs. State Farm Mutual Automobile Ins. Co. et al 16-CV-1263
I represented Plaintiff, Debra Gilley, In her Auto Accident case. We went through extensive discovery and ultimately reached a resolution in Mediation. Attorney Alia and I have worked on cases together for quite a few years. We regularly conduct discovery and are both reasonable in attempting to reach resolution versus wasting client funds and Court time.
Estate of Arthur B. Bushing 12-PR-65
I represented Co-Personal Representative of the Estate: Carol Husnick in a very complex Probate Litigation. I cannot even begin to explain the process that we went through in this case as it was contested from every side and aspect you can imagine. Attorney Geraghty and I had to navigate this case with the assistance of Judge Bruce Schroeder to the end.
 
Experience in adversary proceedings before administrative bodies:
N/A (I have only assisted in a couple of Worker’s Compensation cases in my career. I was not the attorney at our firm appearing at the hearings for these cases, however, I have assisted in the preparation for hearings before the ALJ.)
 
Describe your non-litigation experience (e.g., arbitration, mediation).
I am a certified mediator which certification was obtained in Law School. The skills that I learned from that training were great and have developed over the years. Almost every area of law that I practice has some form of ADR that is used to complete or attempt to complete the case. I have done several three panel Arbitrations (these were all day presentations to the panel that followed the submission of our case summary packets). I have participated in countless Mediations using a variety of Mediators throughout the State (where I have mediated small claims issues with the volunteer Mediators at the courthouses, family law issues and have mediated cases that involved over a million dollars in settlement funds). Overall ADR is a great process that should be seriously considered by every attorney not just a process that they have to get over and done with before they get a chance to try the case. Too many attorneys do not prepare for the mediation in a proper way. Whether they do not prepare their client with reasonable expectations or ranges of settlement. Or they do not communicate with the other involuntary parties (subrogation) to talk about global settlement. Regardless it is disappointing to see other attorneys in our local area not want to use a valuable tool the way ii should be used. The question that I always have a problem with when the other side Is not prepared or taking this seriously is: "Is the decision to not sit down and talk fueled by the client?" (If so. we cannot force them to give up their day in Court as everyone should have access to the Court for legitimate disputes/claims.) Or, "Is the decision fueled by the attorney so that they can run up a trial bill for fees?" Some of the most difficult cases I have ever had (and some of my best results for the client) have been completed through the process of ADR.
 
Position or involvement in judicial, non-partisan, or partisan political campaign, committee, or organization: None
 
Previous runs for public office: N/A
 
All judicial or non-partisan candidates endorsed in the last ten years: None
 
Professional or civic and charitable organizations:
Lakeland Little League, roles including clinic director, safety officer and former president, 2006-present
Westosha-Salem Kiwanis Club, member at large, 2006-2010
VA Glory Fastpitch Softball, coach/mentor, 2020-present
 
Significant pro bono legal work or volunteer service:
Our firm, including myself do legal pro bono work on a yearly basis.  …

My most significant legal pro bono work has been done through Westosha-Salem Kiwanis Club where I got them qualified as a 501c3 organization … This process took over 50 hours ....

The other significant volunteer work that I have done relates to our local Little League, “Lakeland.” I cannot quantify how many hours I have volunteered to this organization or to our schools in Kenosha County. … I have personally been involved in building our Brightondale Complex and the recent upgrades. ...  I feel very passionately about our youth and their future. If you are someone who thinks that coaching youth sports is just about teaching them the game, then you are sadly blind! Volunteering in youth sports and seeing the children grow (mentally and skill wise) is more rewarding than anything else I have ever done (aside from raising my own children and family). … Baseball is a game of failure and to be prepared for life you need to be prepared to compete and fail at times, but then have the strength to pick yourself back up and try again! THE LAST FOUR YEARS I HAVE COMMITTED MYSELFTO AN ADDITIONAL VOLUNTEER ROLE AS A COACH FOR VA GLORY WHERE I HELP STUDENT ATHLETES IN THEIR JOURNEY TO GET SCHOLORSHIPS TO PLAY SOFTBALL WHILE OBTAINING A COLLEGE EDUCATION!
 
Quotes:
 
Why I want to be a judge:
Since I started Law School, the idea of becoming a Judge has intrigued me. I also have strong feelings about giving back to our community. I began with what I could control, which was moving back home, to Kenosha County, to start a family. When we got back home, I started volunteering and coaching. For me it is not just giving back to our community, but more of being a part of what molds our future. As a Judge I would have an opportunity to participate in a different role in the current system, which needs to be continually modified to get better with the times and what is happening all around us. I will be seeking equality in the system if I receive this privilege. I have many friends and family that have different ethnic back grounds, religious beliefs and sexual orientations – some have not been treated fairly based on their beliefs or skin color. We need to ensure every person with a legitimate claim gets access to our Court system and that the People are heard!
 
Faced with the fact that I am not a Criminal Law attorney (and having an ultimate goal of being a Judge), I sought out the Branch 1 Commissioner position. Through this position I have covered the bench in areas I did not practice. To prepare, I was required to do six days of courtroom observation before the Judges would let me hear a full calendar. Through these experiences I was able to get familiar with some of the proceeding in cases such as: criminal intake court, juvenile citations, commitments, TRO hearings, setting bonds and having probable cause hearings. Although the criminal side of law is not as familiar as civil for me, it will be a challenge I am willing to accept and thrive at when I have that opportunity in the rotation.
 
I am aware that the idea of a perfect person does not exist! That fact does not mean we have to turn our backs on someone who has made mistakes – everyone makes them. Wisconsin already has a problem with over populated jails and prisons. We need to continue exploring alternative ways to rehabilitate the people that make mistakes or those who are ill. Possibly consider a mental illness court, or systems to get these people helps versus incarceration. People who are ill with mental disease or addictions can still be productive, if they get the tools needed to rehabilitate and have the desire to apply them. Not everyone will be a candidate for these programs and some will need to be confined but that is what it is important to listen and think out the box when being in the position of the Judge. Do not just be a Judge – BE HUMAN TOO!

I am confident in my abilities, experiences and courtroom temperament to give this great State a lifelong commitment that will make a difference!
 
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. 
State of Wisconsin vs Gerald Mitchell … (2019), which is a Fourth Amendment case. There have been a string of Fourth Amendment cases that have been coming through the system as of late. These cases include (Birchfield v. North Dakota … and Missouri v. McNeely …) but are not limited to the ones I am listing. The Mitchell case is a Wisconsin case where Mitchell was intoxicated and arrested for an OWI after he blew a .24 during a traffic stop. He was then taken to the police station and put in a holding cell. Mitchell then passes out in the cell, and the officer cannot perform the more reliable OWI test using better equipment. The officer takes Mitchell to the hospital and still not conscious they draw his blood (without a warrant). Mitchell moved to suppress the evidence of the blood draw and the appeals followed. This case went all the way up to the U.S. Supreme Court. The issues relate to protections of the Fourth Amendment against unreasonable searches and seizures, as well as warrant exceptions. Ultimately the USSC determined that such a method of extracting an individual’s blood does not violate the Fourth Amendment and was therefore lawful. There are many ways that these cases impact the People, the Courts and Law Enforcement. The decision (regardless of the USSC reasoning or the reasoning of the Wisconsin Supreme Court) impacts the People as it alters the understanding or protections that the Fourth Amendment stands for. It also puts more discretion in the law enforcement officer, without checks and balances of obtaining a warrant. That will lead to additional litigation, which the Court will have to determine if the officer used proper discretion to determine the admission of evidence collected. It also creates some additional questions that many need to be dealt with in the higher levels of Court as the USSC addressed issues that the Wisconsin Supreme Court did not even raise. Upholding the Constitution and the Law is part of the role of a Judge. Judges do not make Legislation, however, the decisions that are being made by the Courts (lower and upper) are having direct impact on the rights that the People have stemming from our Constitution. Where do we begin and where do we stop when it comes to clarifying these rules so that we do not strip away all of its protections, while at the same time weighing the safety of the public? That is not a decision I have to make but it is a decision that will continue to impact our People and State.
 
Two or three judges whom I admire and why:
Hon. Judge Mary Wagner — I have known Judge Wagner since I was young. I had my very first hearing before her in my first months of practice. She let me put in my questions as it was an uncontested guardianship. Then she followed up with a few questions that I had forgotten to ask out of nervousness. She detoured making comments of being proud of me for becoming an attorney going into some history about my family. She went on to tell a story of remembering me running around my Father’s office in diapers! (Yes she did and it is probably on that record from 2006.) Why am I bringing up this story? Because I am giving you an example of the most caring and loving person we have on the bench in the State of Wisconsin. If I can sit on the bench and have a fraction of the amount of passion for our youth and community as that great woman has – I will consider myself blessed. She is really a role model for Judges as it relates to the more complex, abstract and indirect impacts someone in this position can have on the community. She has always been there for me as well! Giving me guidance and insight when all I could see was walls around me. These gifts are valuable when you are a young attorney and feel somewhat lost or overwhelmed. She is truly a very special person and that is why I admire here so dearly!
 
Justice Shirley S. Abrahamson — Justice Abrahamson’s reputation speaks for itself. However, the reasons that I admire her is her relentless and endless pursuit for justice to all victims! On a personal side of things she took the time to have a dinner with my Nana (Carolyn Gagliardi) at an event. To this day my Nana appreciates the time and conversations that she shared with her. She was a special person to our great State and to those who she got to have personal contact and relationships with. I can hope to be more, but I will likely only be a fraction of the person she has demonstrated. She was a special Justice in our system!
 
The proper role of a judge:
The Judge plays an important role in our court system. You can start by considering the description in a simple manner focusing on the daily tasks of the Judge in the courtroom. However, you must consider the greater impact that a Judge has on the community as a whole. I will start on the simple, then conclude with the complex, abstract and indirect impact that Judges have on our community.
 
As a Judge you are tasked with the daily duties of operating your courtroom in a systematic manner: getting through your daily calendar, being prepared to hear motions, researching issues that are presented to your court, ensuring that your courtroom is one of open access where people get their day in court — so they are heard and being a decision maker (deciding issues on: evidence, motions, bench trials, commitments and sentencing etc.). There are also other duties such as granting marriages or annulments. There are even more difficult issues of considering juvenile petitions for potential abortions or petitions relating to abuse. Part of the role is to also make timely, clear and balanced decisions. When I say balanced I am referring to being the gate keeper of evidence and objectively listening to the evidence presented, thereby weighing the same while making unbiased decisions. These decisions also need to be made in a timely manner. Holding parties hostage for a ruling only frustrates their situation and fuels the desire for the parties to negatively interact as they are stuck in turmoil until you make a decision. Being human, having empathy and being considerate of all those in the process (the parties, clerk, bailiff, court reporter, courthouse staff and your judicial peers), also play a significant role in being a Judge.
 
The Judge also had an additional role outside the courtroom. As a Judge you are a member of the community who is often held to a higher standard. Whether that is fair or not – it is a reality. So as a Judge you can do one of two things. You can go to the courthouse and run your courtroom efficiently and honorably, then go home. Or you can continue your public service outside the courtroom. You can go out into the community and make a difference. Making a difference comes in many forms and cannot be defined because the trigger causing the need to do something resulting in making a difference almost always presents itself in unexpected and unique ways. When those situations present themselves all you can do is “the next right thing!” Bottom line is that a Judge needs to step up and accept the fact that they have more than one hat that needs to be worn at all times.

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