Evers' judges: Kristin M. Cafferty

​"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: Kristin M. Cafferty
 
Appointed to: Racine County Circuit Court
 
Appointment date: Feb. 2, 2021 (effective April 9, 2021, and elected to a six-year term on April 5, 2022)
 
Education:
Law School – Marquette University, Milwaukee, Wisconsin
Undergraduate – Marquette University, Milwaukee, Wisconsin
High School – St. Joseph Academy, Green Bay, Wisconsin
 
Recent legal employment:
October 2004-present – Attorney/Shareholder, Habush, Habush & Rottier, S.C., Racine, Wisconsin
1996-October 2004 – Attorney, Hostak, Henzl & Bichler, S.C., Racine, Wisconsin
 
Bar and Administrative Memberships:
State Bar of Wisconsin
U.S. District Court for the Eastern District of Wisconsin
U.S. District Court for the Western District of Wisconsin
U.S. District Court for the Northern District of Indiana
Federal Court of Claims
 
General character of practice:
I have a busy practice representing individuals who have sustained personal injuries. I carry a heavy caseload and usually have 20-30 cases in active litigation. I help my clients seek fair compensation for their medical bills, wage loss and pain and suffering. I handle cases in the claims stage, in litigation (including court and jury trials), and in the appellate courts. I practice primarily in Racine and Kenosha counties, but handle cases all over the State of Wisconsin, and in federal court.
 
Describe typical clients:
My clients are as diverse as the population of Racine County. I represent people from a variety of backgrounds. My clients vary in terms of their race, ethnicity, level of education, employment status, physical abilities and income. I have clients who come from all neighborhoods and all walks of life. My clients have many different stories, and it is my job to understand their unique perspectives so that I can advocate on their behalf.
 
Number of cases tried to verdict: Over 30
 
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:
 
Racine County personal injury case: [The client] sustained a severe pylon fracture of his heel and ankle when he fell from a roof while gratuitously cleaning his neighbor's gutters. [His] injury should have ended his job as an ironworker, but his wife's cancer diagnosis and his family's need for ongoing insurance required that he return to work, even before he was released by his doctor … [resulting] in daily and constant pain. His quality of life, as well as that of his wife, was significantly impacted by his injury. The liability for the incident was challenged by the neighbor's insurance company, whose counsel suggested … [it resulted from] his own carelessness. After a three-day trial [in 2014], the jury awarded damages … in excess of $1,000,000 and found him to be only 15% responsible for his fall. … It was my privilege and honor … to obtain a fair verdict for their losses.
 
Racine County work injury case (2017): [The client was injured] at work when he was assisting a semi-truck driver backing his trailer into a loading dock. The trailer lurched suddenly, and its tire ran across [the worker’s] foot. Initially, his injury was not thought to be severe; however, over time his wound worsened. At first his toes, and eventually his lower leg, required amputation. I visited [him] and his girlfriend in their home over the years as we witnessed his health progressively decline. I watched in stunned silence as he navigated the steep front steps to his home by transferring out of his wheelchair and crawling up the steps to his front door. Limited worker's compensation benefits prevented [him] from finding a new home that accommodated his disability. His injuries took a significant emotional toll. In addition to a loss of dignity, he lost his sense of purpose in gainful employment, which caused a loss of confidence. … [His] case was eventually settled without a trial, and with the funds from the confidential settlement he achieved financial security and regained his sense of hope and purpose. Later, I was honored to preside over the marriage of [the couple in] a service conducted in their new disability-accommodating home. …
 
Milwaukee County personal injury case: [The client] was severely injured in a roll-over car accident [in 2017] causing the car to start on fire. In addition to a fractured leg and other injuries, [she] sustained burns over 30% of her body … and accumulated over $1,000,000 in outstanding medical bills. The driver of the car falsely claimed that [the client] was driving. … [The client] explained that she had initially hired another lawyer, but had been dismissed as his client when the lawyer learned there was a dispute over who was driving the car and that there was limited insurance coverage. In addition to abandoning her case when it became challenging, her prior lawyer had not even assisted [her] in completing the simple paperwork that was required to have her health insurance process her medical bills. I assisted [her] … and also used this evidence to convince the driver’s insurance company to pay their policy limits. … I negotiated the health insurance liens to obtain a greater recovery … and worked with the district attorney and the driver’s defense attorney to enable [her] to seek additional restitution for future treatment that would not be covered by insurance. I attended the sentencing hearing with her to give emotional support while she read her victim impact statement. Competently resolving [her] case required a great deal of time and understanding of both civil and criminal processes, navigation of auto and health insurance issues, and knowledge of caselaw involving restitution and civil releases (an issue I had argued before the Wisconsin Supreme Court). … It was extremely rewarding to have been able to alleviate her burden of medical bills, to achieve a just result in the outcome of the civil and criminal cases, and to help [her] move forward with her life.
 
Experience in adversary proceedings before administrative bodies:
My practice does not generally involve proceedings before an administrative agency or commission.
 
Describe your non-litigation experience (e.g., arbitration, mediation).
Most courts now require some kind of alternative dispute resolution as part of the litigation process, so many of my cases involve a mediation. I estimate that I have participated in well over 100 civil mediations. I have participated in a few arbitrations over my career, but arbitration is not as popular for personal injury cases.
 
Position or involvement in judicial, non-partisan, or partisan political campaign, committee, or organization:
I have held fundraisers for the following candidates: Governor Tony Evers, Attorney General Josh Kaul, 1st Congressional District Candidate Roger Polack, Judge Lisa Neubauer, Municipal Judge Rebecca Mason, Mayor John Dickert
 
I have volunteered for the campaigns of President Barack Obama, Municipal Judge Rob Weber, Justice Rebecca Dallet and Justice Jill Karofsky.
 
Previous runs for public office: n/a
 
All judicial or non-partisan candidates endorsed in the last ten years:
Judge Jack Jude, Circuit Court, 2004
Judge Faye Flancher, Circuit Court, 2003
Judge Gene Gasiorkiewicz, Circuit Court, 2010
 
Professional or civic and charitable organizations:
Wisconsin Association for Justice, 2007-present, including as president-elect
Racine County Bar Association, 1997-present, including as president
Racine Neighborhood Watch, 1998-2006, including as board member
Conflict Resolution Center, 1996-2006, including as board member
St. Joseph Parish, Parish Council, 2012-2019
St. Joseph School, Enhancement Committee, 2007-present
Siena Catholic Schools, Education Committee, 2017-2019
 
Significant pro bono legal work or volunteer service:
I have been the volleyball coach for Racine Youth Sports spring volleyball league (coaching 2 teams) and for grade school volleyball teams through the Racine Parochial League/South Shore Parochial League since 2015.
 
I have volunteered my time to do election protection for the Democratic party since 2008, at first being an election observer, and then working in the boiler room, most recently acting as County Counsel for Racine and Kenosha counties for the last few statewide elections.
 
Quotes:
 
Why I want to be a judge:
Serving the residents of Racine County as a Circuit Court judge will allow me an opportunity to demonstrate my gratitude and share my knowledge and experiences. The people of Racine have been wonderful to me and my family. My husband and I moved to Racine in 1995 to practice law. We chose to raise our four children in Racine. For twenty-five years, my family has been enriched by the relationships we have formed in our diverse community. Our Racine neighbors and friends have exposed us to traditions, languages, foods, and perspectives that have brought depth to our family's character. Unfortunately, our positive experience living in Racine is not universal.
 
A 24/7 Wall St. article recently rated Racine as one of the worst cities in the United States for African Americans. Highlighting the race-based gaps facing Black Americans in education, income, health, incarceration and achievement, the article noted that Black residents earn half of white residents, are nearly 12 times more likely to be put in prison, and three times more likely to live in poverty. These statistics mirror my observations. I have witnessed the challenges that families of color face in Racine. I have fed, clothed, educated and cared for young Black men with amazing potential, and despite my best efforts, have lost them to violence and to the streets. Others have a fundamental mistrust of the legal system due to a history of mistreatment, and I have worked particularly hard to gain their trust. Serving Racine County as a Circuit Court judge would grant me an opportunity to ensure racial equality in my courtroom and to inspire trust and equity in the justice system.
 
Racine's challenges extend far beyond race. I have helped clients dealing with homelessness, struggling with mental illness, and living in poverty. I have visited many of my clients in their homes (or in the jail) and read about their private challenges in their medical records. I have helped clients with basic skills like opening a bank account, requesting a birth certificate, obtaining health insurance, or explaining themselves to a medical professional. Some of my clients are disabled and live on limited income, many are working with no health insurance and others have exhausted their savings to pay for large health insurance deductibles. I have learned from these experiences to be mindful of the individual circumstances of the person sitting across from me. My desire is to treat everyone with respect and equity regardless of socioeconomic status.
 
For many years I have reflected on how to use my skills to make a more meaningful impact on my community beyond just the lives of my clients. The following quotation encapsulates my desire to focus my energy on public service. Cornell West said, "Never forget that justice is what love looks like in public." I would be honored and humbled like to serve the people of Racine to return the love they have shown to me, through a justice system that is fair, compassionate, and independent.
 
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.
The U.S. Supreme Court in Citizens United v. Federal Elections Commission, 558 U.S. 310 (2010), changed the landscape of campaign finance in the United States by invalidating federal and state limitations on corporate spending in elections. Campaign finance rules since Citizens United have been eroded and the power of the Federal Election Commission has been eviscerated. Large amounts of money from secret corporate donors has flooded into federal and state elections, including judicial races. Corporations are now significant, but anonymous, influencers in elections. By removing transparency in campaign funding, the U.S. Supreme Court has prevented the media, watchdog groups, and the public from critically analyzing campaign donations. This decision has had a profound negative effect on judicial campaigns and the integrity of the courts, particularly in Wisconsin.
 
The Citizens United decision and its progeny have undermined the public's confidence in the independence of the Wisconsin judiciary. Prior to the Citizens United decision, spending in Wisconsin judicial elections by outside groups was rare. Terry and Bard, Judicial Elections and Issue Advertising: A Two-State Study, 39 U. ARK. LITTLE ROCK L. REV. 579 (2017). In the years since the opinion was released, however, Wisconsin has experienced exponential growth in election spending for judicial candidates to the Supreme Court. Id. Independent expenditures have often outweighed the spending of the candidates themselves. Id. The influx of money into all Wisconsin elections is troubling, but the consequences to the perceived independence of the judicial branch is extremely concerning.
 
In 2015, the spotlight was on the Wisconsin Supreme Court when it ruled to close an investigation into coordination between the executive branch and outside interest groups. The Court ordered that the documents related to the investigation be destroyed. Two Unnamed Petitioners v. Peterson, 2015 WI 85. When probe documents were leaked to the press, international attention was directed to the impartiality of the Wisconsin Supreme Court Justices. Certain Justices came under scrutiny for this decision because their campaigns benefitted from the same dark money groups that were involved in the probe. Consequently, the legitimacy of the decision to close the investigation was clouded. The world asked the precise question asked by Justice Kennedy in the Citizens United decision; namely, whether the justices elected to the Wisconsin Supreme Court with the assistance of dark money were subject to "disproportionate influence?"
 
The worldwide focus on the lack of transparency and accountability in judicial campaign funding after Citizens United has created an impression of potential corruptibility of the Wisconsin judiciary. This perception tarnishes the people of Wisconsin and the entire American judicial branch. Influences of dark money persist, unchecked, under Citizens United. The scrutiny continues to this day as the Wisconsin Supreme Court makes rulings on issues of nationwide importance, such as election integrity. It is imperative that courts, both in Wisconsin and nationwide, regain the confidence of their constituents by attaining transparency in judicial campaign funding.
 
Two or three judges whom I admire and why:
 
Justice Janine Geske
When I was attending Marquette University Law School, Justice Janine Geske became the second woman to sit on the Wisconsin Supreme Court. At that time, she was a well-respected Milwaukee Circuit Court judge, generous with her time to law students and in the community. I knew her to be an empathetic, energetic, and introspective jurist.
 
Justice Geske helped shape my view of justice through her efforts in promoting alternative conflict resolution. Her passion resonated with me as I served on the Board of the Racine Conflict Resolution Center. At the time, our Center offered free mediation services for small claims cases, a program which Justice Geske facilitated in Milwaukee. Sr. Lois Aceto, our Executive Director, was also an advocate for restorative justice, and she taught us how these critical programs bring healing to both the victim and perpetrator. I have often employed and relied on these skills throughout my career.
 
In 1998, Justice Geske made a bold and courageous decision to step down from the Supreme Court to focus on restorative justice. She impressed upon me the need to discern the impact a lawyer wants to make on society, which often involves making difficult choices. Her brave decision involved forgoing professional achievement in order to pursue personal fulfillment. When contemplating this application, I recalled Justice Geske's encouragement to lawyers to follow their hearts.
 
If chosen for this appointment, I, too, will be moving away from many opportunities I have worked hard to create, including leadership roles that are far too rare for women trial lawyers. I am fortunate to have the support of my family and the encouragement of my partners to take this step, and I thank Justice Geske for inspiring me to embark on this journey toward public service.
 
Judge Stephen A. Simanek
Judge Stephen A. Simanek has enjoyed a thirty-year career as a Racine County judge. He cares deeply about the Racine community and its citizens. He has presided over some of the County's highest profile cases with patience and grace. I have tried cases and argued motions before Judge Simanek and found him to be humble, measured, compassionate, and independent-­minded. Although a gifted intellect, he has never insinuated that he is superior to any of the parties who appear before him. He is secure and confident in his convictions, but never considers himself to be beyond reproach. If he makes a mistake, he will recognize the error and remedy it. Above all, Judge Simanek retains his sense of humor even in difficult and stressful circumstances.
 
Judge Simanek treats all litigants with respect, dignity, and kindness. He takes the time necessary to explain his decisions so that, regardless of the outcome, all will feel they have been heard. Regardless of the outcome in Judge Simanek's courtroom, all parties involved will leave knowing that the judge was prepared, engaged, and with an understanding of the judge's rationale. If am fortunate enough to receive this appointment, I aspire to be as prepared, confident, respectful and fair as Judge Simanek.
 
The proper role of a judge:
The coaches on my son's travel basketball team often told the boys to "Trust the Process." These devoted leaders encouraged the team to follow their plan in order to achieve success both on the court and in life. To many of the players on the team, the coaches were important role models who offered essential leadership, discipline and structure. The role of a Circuit Court judge is much the same as these coaches - to exemplify patience, to set expectations, to offer appropriate direction, and to facilitate respect - thereby instilling trust in the process.
 
Appropriate judicial temperament is paramount to creating trust of the legal system. Judges should never be condescending to staff, attorneys, or the citizens who appear before them. This approach is especially critical when a case involves pro se litigants who do not understand the intricacies of the legal system. Circuit Court judges must always act with civility, as they are the face of the justice system and often the only decision-maker that many will ever encounter. A court's dehumanizing attitude toward a litigant (or an attorney) can make a person question their abilities and make them feel disrespected and unheard. The court has tremendous power to define a person's self-worth, which should be exercised to inspire and motivate, not to belittle and berate.
 
A judge should set an example of excellence and define her expectations so that those who appear before her are likewise prepared and organized. A trial court judge must act with preparedness, intelligence, diligence, fairness, and decisiveness. Judges must issue timely and well-reasoned decisions to adequately serve the litigants. An efficient courtroom is essential to the fair administration of justice.
 
A judge can earn credibility by facilitating equity. By exercising her discretion within the boundaries of the law, a judge can help others to believe the system is fair for all. A judge should explore evidence-based alternatives and study solutions to issues facing the system. For example, the creation of specialty courts helps to facilitate positive change from within and offers litigants specifically tailored results. A judge can also use her discretion in sentencing decisions, setting bail, and motion practice to promote the fair administration of justice. A judge who is willing to look to alternatives, focus on treatment over incarceration, or consider thoughtful approaches to resolution may be effective in establishing her credibility without going beyond her authority. When a judge sets reasonable and appropriate expectations for the parties and issues consistent, well-reasoned decisions, it permits lawyers to give reliable advice to their clients. This leads to a perception of fairness and confidence in the integrity of the judicial system.
 
In America and Wisconsin, we must instill and nurture belief in the fairness of the judicial system for all who encounter it. We must continue to build and enhance the relationship between our citizens and their democracy. It is the role of a judge to restore that trust in the process.

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