Evers' judges: Jane E. Bucher

​"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: Jane E. Bucher
 
Appointed to: Green County Circuit Court
 
Appointment date: March 15, 2024, effective April 5, 2024 (term ending July 31, 2025)
 
Education:
Law School – University of Wisconsin, Madison, Wisconsin
Undergraduate – New College of Florida, Sarasota, Florida
High School – Burlington High, Burlington, Wisconsin
 
Recent legal employment:
August 2021-present – Senior associate, Russell Law Offices, S.C., Shullsburg, Wisconsin
August 2011-August 2021 – Assistant state public defender, Wisconsin State Public Defender, Madison, Wisconsin
June 2011-August 2011 – Associate, Kittelsen Law Firm, Monroe, Wisconsin
 
Bar and administrative memberships:
State Bar of Wisconsin
 
General character of practice:
Currently I practice approximately 40% Criminal Law, 40% Family Law and 20% a mix of forfeiture, traffic, injunction, CHIPS and guardianship cases. I also do some Guardian ad Litem work and I take some court-appointed criminal cases. Prior to entering private practice, I was a public defender for nearly 10 years.
 
Describe typical clients:
Currently I represent working class clients who live in rural Wisconsin and need help with divorce, child custody and placement, criminal cases, or traffic cases. Prior to entering private practice, I served as an Assistant State Public Defender, representing indigent criminal defendants as well as youth, individuals with developmental disabilities, individuals suffering from active mental illness, children who were the victims of abuse, and individuals committed pursuant to ch. 980.
 
Number of cases tried to verdict: I've tried seven to a jury (some with co-counsel); dozens to the court
 
List up to three significant trials, appeals, or other legal matters in which you participated as a judge or lawyer in the past seven years:
In December 2017 (I cannot find the exact date) in Green County Wisconsin, before Judge Thomas Vale, I tried a Petition for Discharge in a Ch. 980 case to the court. Opposing counsel was Devra Ayala of WI DOJ. My client had been committed pursuant to the ch. 980 law for approximately 20 years after serving his prison sentence. The case required careful and thorough attention to a large volume of records dating back to the original trial on the underlying charge. Additionally, the case required a thorough understanding of the actuarial science used to predict a sex offender's likelihood to re-offend. There were multiple expert witnesses involved and the trial lasted for two days. I had previously litigated, with co-counsel and unsuccessfully, a Petition for Discharge for the same individual in 2014 before a jury. The second time around, there were new developments in the science that assisted the defense. The client was released just prior to the holidays. He had been incarcerated since before cell phones or internet access were commonplace. This case was significant in my career because it was, originally, my first jury trial as a public defender and it involved a very steep learning curve regarding the actuarial science. The second time around, it involved becoming up-to-date on the latest developments in the science. Additionally, the outcome for the client was significant as he was able to go home to his family after having been incarcerated indefinitely.
 
On May 28, 2019 I litigated a one day OWI 5th jury trial in front of then-judge Judge Karofsky in Lafayette County. The prosecutor was DA Jenna Gill. The case involved an automobile accident and the defendant was found on the side of the road some time after the accident. The outcome was a hung jury. Prior to the jury trial I had also litigated a suppression motion. This case was significant as the effect of the hung jury ultimately resulted in a negotiated non-prison resolution for my client who was able to get treatment in the community and has since successfully completed probation, is a productive member of society and continues to be in recovery.
 
On March 14-15, 2019 I litigated a two day criminal jury trial involving charges of Possession with Intent to Deliver Cocaine, Possession of Drug Paraphernalia, and Misappropriation of ID. The judge was Judge Duane Jorgenson and the prosecutor was DA Jenna Gill. My client was pregnant at the time of the trial. We lost, bail was revoked and my client went to jail until her sentencing hearing. We proceeded to an argued sentencing hearing where the State asked for prison. My client had young children at home in addition to being pregnant. I successfully argued for probation with conditional jail time and the option for my client to have some of her conditional jail time stayed if she were to complete an ARC program for expectant mothers where she was able to keep her baby with her and also have her other young children visit her. This case was significant as it involved a young mother of color who had two young children at home at the time. Despite having fought hard and lost the trial, I was able to obtain a just outcome for her, one that allowed her see her children and have her baby with her. She successfully completed probation in 2023.
 
Experience in adversary proceedings before administrative bodies:
I have represented approximately 100 individuals in revocation of probation and revocation of extended supervision cases. I have represented a handful of individuals in administrative appeals of their revocation decisions. I also represented an individual in an Unemployment Appeal hearing.
 
Describe your non-litigation experience (e.g., arbitration, mediation).
I have participated in formal and informal mediations in divorce proceedings as well as in a small claims case.
 
Position or involvement in judicial, non-partisan, or partisan political campaign, committee, or organization:
I have knocked doors for Democractic candidates over the years. I do not recall each specific candidate or specific dates. I do recall volunteering for the Obama campaign in 2008 and for the Clinton campaign in 2016, however, there were others as well.
 
Previous runs for public office:
Green County Judge Branch 1, won primary February 2021 with 40% of vote; lost general election April 2021 with 48%.
 
All judicial or non-partisan candidates endorsed in the last ten years: None listed
 
Professional or civic and charitable organizations:
State Bar of Wisconsin, president-elect, June 2023-present
State Bar of Wisconsin, governor, District 12, served on Policy Committee, June 2018-June 2022
Green County Bar Association, member, 2014-present; president, 2015
Family Promise of Green County, board member, 2021-2023
MultiCultural Outreach Program, co-chair and founding member, approximately 2018-2021
Green County Big Brothers Big Sisters, volunteer, 2018-2021
Green County CJCC, member, 2017-2021
 
Significant pro bono legal work or volunteer service:
 
Pro Bono Service:
Generally speaking, while at the Public Defender's Office, I was required to request permission to take on extra legal work while serving as an Assistant State Public Defender. I usually reserved these permissions for “ancillary representation.” For example on a couple of occasions, I represented my criminal clients in injunction proceedings if those proceedings were related to their criminal case. Additionally, on two occasions, I had clients who were at risk of losing their liberty for failing to pay child support for a child that was not biologically their child. One of these such cases involved a client who had been extradited from another state on felony non-support charges. In each of these cases, I moved to re-open the underlying paternity judgment as a means of achieving dismissals in the other proceedings. Additionally, I volunteered at an Expungement Clinic in 2019. Although my volunteer work is not strictly considered Pro Bono, it did serve to address improving the justice system or reducing disparate impacts of the justice system. For example, I served on a Green County Latino Advisory Committee that discussed various legal issues facing undocumented individuals, including the inability to obtain drivers licenses. I also served on two statewide subcommittees both aimed at improving the justice system for children and youth: The Child Abuse and Neglect Prevention Board Chapter 48 subcommittee and the Youth Justice Statewide Assessment Implementation Policy and Document Development Subcommittee through DCF. Since entering private practice, I have served the community by accepting GAL appointments and Dean appointments.
 
Volunteer Service:
From 2002 to 2006 I volunteered at Cambridge Family and Children's Service as a mentor for a child who had recently emigrated from Liberia. From July 2005- January 2006 I volunteered at the Living Center of Boston serving meals to individuals living with HIV/AIDS. From 2006 to 2008 I was a Peace Corps Volunteer in Senegal where I spoke primarily in French and in Pulaar, a local indigenous language. While in Law School I volunteered at the YWCA providing drop in child care to unhoused women and at the Canopy Center providing drop in child care for parents attending therapy sessions. From 2018-2021 I was a Big Sister for the Big Brother Big Sisters program in Green County. From 2021-2023 I was a volunteer board member for Green County Family Promise, a non-profit that serves unhoused families and children. From 2017 to 2021 I served as a volunteer for the MultiCultural Outreach Program and was co-chair for some of that time. We organized events that offered some legal information, including "Know Your Rights" events as well as cultural education events.
 
Quotes:
 
Why I want to be a judge:
My desire to serve the people of Wisconsin as a judge is rooted in my commitment to making the criminal justice system more just and equitable, improving access to justice, and my belief that good judges can have an incredibly positive effect within the criminal justice system and throughout the broader community.
 
Over the course of my life and career, I have seen the power of the law to right wrongs as well as to enshrine disparity. I have witnessed how misunderstandings about the fundamental pillars of America’s system of justice can tear at the social fabric of our communities and erode understanding about our courts. I have practiced in front of outstanding judges whose example I keep in mind every day. Unfortunately, I have also practiced in front of judges whose temperament, ability to apply the law fairly, and respect for the people before them is sorely lacking.
 
Let me provide a couple of the experiences that have helped form my approach and beliefs. As a Peace Corps volunteer, I taught health education in a village in Senegal with no running water and no electricity. The well would frequently run dry and it was a great deal of work to get water each day. For members of the village, bringing running water to their homes was a major goal. As we explored that goal, it became clear to me that a lack of water was a health problem and it was also a legal problem. That is when I realized that the law was for me.
 
As a public defender and now as an attorney in private practice, I have seen firsthand that Judges have the power to engender resilience in victims and in young offenders.
 
Many of the youth I represented in delinquency proceedings as a public defender were intimidated by the court process and tended to view the whole world as against them. The manner in which they were treated by the presiding judge often had a huge impact on their view of the role of the law in their life. If they were treated fairly, they tended to engage with the process and view the court proceedings as an opportunity to show the court what they were capable of accomplishing.
 
In private practice, I have represented domestic violence victims in restraining order proceedings. In these cases, I have seen how a judge’s ability to create a safe and controlled courtroom can assist individuals in summoning the strength to proceed with a difficult and potentially traumatizing process.
 
Judges are the face of justice in their local communities. They are, de facto, the leaders in the legal community. As a judge, I want to serve the people of Green County and the legal profession in the same ways I have tried to serve in all facets of my life and career: with humility, compassion, an appreciation for diversity, and a deep and abiding belief that we can make the world a better place.
 
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.
Obergefell v. Hodges has had a significant positive impact on the people of Wisconsin, and the nation, and will continue to do so for generations to come. The magnitude of the decision cannot be overstated and the benefits are manifold.
 
First, the decision ended the exclusion of same sex couples from one of the most basic legal statuses in the United States. Second, the decision served as a culmination of other gay rights decisions such as Lawrence v. Texas that slowly began to correct the many, and decades-long, state sanctioned harms against LGBTQ individuals. Third, it strengthened the legal bonds within countless families by creating pathways for the recognition of legal rights between children and their non-biological parent.
 
Obergefell also provides same sex couples rightful access to a host of other benefits that derive from marriage, including immigration benefits, inheritance rights, and the right to visit a loved one in the hospital. In addition to the significant good for society in general, I have seen firsthand the positive effects of this decision on individual lives. Over the course of my career, I have represented many LGBTQ youth and have seen how rejection by family members or being alienated from their peers can lead to justice system involvement.
 
There has been steady improvement in the acceptance and representation of the LGBTQ community in the rural areas in which I work. If young people who are concerned about coming out are able to see images of, and reporting about, LGBTQ people getting married, they are more likely to feel accepted in their communities and less likely to suffer from fear or isolation. In Green County just last year the County Board ratified PRIDE week and we have a PRIDE parade as well.
 
All of these positive changes are due, in part, to a landmark Supreme Court decision which, at its heart, asserts what we know is true: a person has a right to love whomever they love.
 
Two or three judges whom I admire and why:
Justice Ruth Bader Ginsburg, Justice Shirley Abrahamson, and Judge Margaret Koehler.
 
Justice Ginsburg: I cannot think of a justice who served as a greater exemplar of justice and equality. The decision that she penned in United States v. Virginia was groundbreaking. I can only imagine that decision was informed by her own experience as a trailblazing female lawyer. Additionally, her work ethic and her collegial relationships with ideologically diverse justices are also a source of inspiration.
 
Justice Shirley Abrahamson. I admire Justice Abrahamson for her leadership of the Wisconsin Supreme Court as well as for her work ethic, intellect, innovative work to take the courts to the people, and for her steadfast commitment to maintaining the decorum of the court through turbulent times. I also appreciate her allegiance to the idea that states have the ability to grant rights over and above those granted by the federal constitution, which is obviously very significant given the curtailing of certain rights by the United States Supreme Court.
 
Judge Margaret Koehler: Closer to home, in the counties in which I practice, I have had the opportunity to appear in front of some of the first female judges to take the bench. When I see photographs from bar association meetings just 30 years ago, some of these women, such as Judge Koehler, are among the only women in the photo. It reminds me of the scores of Wisconsin women attorneys who paved the way for myself and other female attorneys. I also think of Judge Koehler in terms of her exemplary work as a judge in a rural county. In one or two judge counties, judges are visible and well-known figures in the community. They work more closely than judges in larger counties with the county board and the clerk of courts on policy and budget items. Judge Koehler was in tune with the local community and ran an efficient and organized court.
 
One further note: Having spent the majority of my legal career as a public defender for the state of Wisconsin, I am in awe of Justice Ketanji Brown Jackson who brings to the bench her experience representing indigent individuals while also achieving the milestone of being the first black woman justice.
 
The proper role of a judge:
Judges must be impartial and fair. Their role is more complex than serving as “umpires” who simply call balls and strikes. Judges are called on to interpret the law. They must show respect and compassion for individuals on all sides of a case. They must be mindful of the challenges in our criminal justice system and intentional in being a part of efforts to improve the system.
 
In addition, Judges have specific roles depending on the case or scenario in front of them.
 
In criminal trial settings, a judge decides what evidence comes in and what evidence stays out and instructs the jury on the law. Judges are also charged with protecting witnesses and victims and ensuring that defendants get a fair trial before an unbiased jury.
 
In court trials, judges must make factual findings and apply the law to those factual findings. They must weigh the credibility of the witnesses, assess any bias a witness may have and determine who to believe regarding a particular issue, and then apply the correct burden of proof.
 
To my earlier point about the complexity inherent in being a judge, there are many situations where a judge must exercise her discretion and where her role is nuanced. Judges often have to balance conflicting interests. In treatment courts, a judge must participate in a collaborative decision-making process with an interdisciplinary team, engaging participants with motivational interviewing, and administering incentives and sanctions. In cases involving children and youth, the role of the judge includes ensuring that the administration of justice is trauma-informed because so many of the youth who come before the court are likely to have experienced adverse childhood experiences.
 
Since 1848, judges in Wisconsin have been elected to the role. If appointed, I am ready and eager to run a proactive, well-resourced and winning campaign that will reach voters throughout Green County.
 
Finally, as I observed elsewhere in the application, a judge is the face of justice in her community. Judges must be active, visible, and engaged in the broader community. Judges have a significant role to play in efforts to help inform the public about how Wisconsin courts work and how they are being, and can be, improved. Equal justice under the law is, and perhaps always will be, aspirational. The ultimate role of a judge is to do all she can, in all the ways she can, to root out inappropriate biases in order to move our courts closer to achieving that goal every single day.

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