Evers' judges: Sandra Giernoth

​"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: Sandra Giernoth
 
Appointed to: Washington County Circuit Court
 
Appointment date: Feb. 21, 2020 (effective March 28, 2020, and elected to a six-year term on April 6, 2021)
 
Education:
Law School – Marquette University, Milwaukee, Wisconsin
Undergraduate – Carroll College, Waukesha, Wisconsin
High School – Watertown High, Watertown, Wisconsin
 
Recent legal employment:
July 2019-present – Deputy district attorney, Washington County District Attorney’s Office
October 2010-July 2019 – Assistant district attorney, Washington County District Attorney’s Office
May 2009-October 2010 – Associate attorney, Kim & LaVoy, Wauwatosa, Wisconsin
 
Bar and Administrative Memberships:
State Bar of Wisconsin
U.S. District Court for the Eastern District of Wisconsin
 
General character of practice:
I currently serve as a prosecutor, specifically the Deputy District Attorney, in the Washington County District Attorney's Office. I represent the State of Wisconsin in misdemeanor and felony criminal cases, juvenile cases, CHIPS matters, and civil forfeiture actions. I represent Washington County in ordinance violations.
 
Describe typical clients:
Since obtaining my law degree, I have practiced exclusively in criminal law. For approximately sixteen months I practiced criminal defense with Kim & LaVoy and represented clients charged with crimes and forfeitures and in injunction matters. Since joining the Washington County District Attorney's Office, I have represented the State of Wisconsin and Washington County in criminal, traffic, and forfeiture proceedings. My entire practice consists of litigation.
 
Number of cases tried to verdict: 44
 
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:
 
State of Wisconsin v. Michael Kemmeter
I represented the State of Wisconsin in State v. Kemmeter, Washington County Circuit Court case 11CF434. …The State charged Michael Kemmeter with Physical Abuse of a Child – Recklessly Cause Great Bodily Harm for causing fractures in both arms of [redacted]. The criminal complaint was filed on November 11, 2011, and a three-day jury trial occurred October 8, 2012, through October 10, 2012. This case is a significant accomplishment for me in a number of respects.
 
First, at the time I charged the case, I had been a prosecutor for a little over a year. By the time the case proceeded to trial, I had been a prosecutor for a little under two years. Attorney [Alex] Flynn was (and is) a formidable and experienced defense attorney; on paper I appeared out matched. As a young prosecutor, this case felt like a test of my skill, potential, and abilities, and it very much was.
 
Second, Wisconsin Statutes section 907.02 had recently been amended to adopt the Daubert standard for expert testimony, and the defense filed a Daubert challenge to my expert's opinion. It was my first Daubert hearing, and I believe the first Daubert hearing for my office. In that regard, I was navigating uncharted territory.
 
Third, the subject matter—child abuse—is complex and relies heavily on expert testimony. This case was my first significant endeavor into presenting significant expert testimony to a jury. I also faced the challenge of cross-examining an opposing expert offering competing conclusions.
 
Fourth, I dealt with complicated victim dynamics in that [the child’s] mother … opposed the prosecution and did not believe the expert’s conclusion that Kemmeter had inflicted harm. … She was a reluctant but necessary witness for the State, but did not subscribe to the State's theory. Not one single victim sat on the State's side of the courtroom. I learned the importance of a cohesive trial theory, and in this case it had to reflect the reality that no victim was asking the jury to hold the defendant accountable.
 
In sum, this case—and the litigation it involved—was in many ways a test of my measure as an attorney and specifically, as a prosecutor. I certainly gained confidence in my trial skills, but more importantly, what I learned set the bar for how I would handle every case to come thereafter.
 
State of Wisconsin v. Bartelt
I represented the State of Wisconsin in State v. Bartelt, Washington County Circuit Court case 13CF276, filed July 18, 2013. …The State charged Daniel J. H. Bartelt with First-Degree Intentional Homicide for causing the death of a nineteen-year-old young woman who was found deceased in her Hartford, Wisconsin residence, on July 12, 2013. I participated heavily in the initial investigation, including authoring affidavits to support search warrants and advising law enforcement regarding legal issues that arose during the investigation. …
 
Once charged, this case involved significant litigation, including Motions for Severance, to Suppress Evidence, and to Change Venue. The jury trial occurred August 11, 2014, through August 19, 2014. The State introduced multiple types of forensic evidence at trial, including DNA, fingerprint, forensic pathology, and computer forensic analysis, which necessitated myself and District Attorney Bensen becoming well-versed in these areas. This case is significant to me as I tackled many unique legal challenges and complicated forensic evidence.
 
On a personal level, [redacted] was a beloved member of Hartford whose death was shocking and left the rural community of Hartford shaken. It was an honor to have represented the community in seeking justice … and to have helped her family navigate through the criminal justice system.
 
Implementation of Washington County Drug Treatment Court
Throughout 2019 I have participated as a team member on the Washington County Drug Treatment Court Implementation Team. In early 2019, the judges of the Washington County Circuit Court agreed to pilot an Opiate Drug Treatment Court. As the member of the District Attorney's Office who handles the largest portion of drug cases, I have served, along with DA Bensen, on the implementation team, which has been tasked with developing a pilot Drug Treatment Court in Washington County. As a member of this team, I have participated in grant applications and developing policies and procedures for the drug court. I have also worked to develop partnerships with other community stakeholders to incorporate services and resources into the drug court. Washington County has been substantially affected by the opiate crisis, and the drug treatment court presents an opportunity for the criminal justice system to partner with community stakeholders to bring resources to Washington County to address the treatment needs of drug-addicted criminal defendants while offering the community protection through the monitoring and accountability of the drug treatment court. I am proud to be part of the team that is working to bring this important resource to Washington County. My participation on this team reflects my interest in bringing resources to the Washington County justice system to use as alternatives to incarceration.
 
Experience in adversary proceedings before administrative bodies:
In private practice, l represented clients at administrative hearings held by the Department of Transportation regarding consequences for alleged operating while intoxicated offenses. Since becoming a prosecutor, on one occasion I appeared at an administrative hearing before the Department of Transportation that was related to a pending criminal case for which I was the assigned prosecutor.
 
Describe your non-litigation experience (e.g., arbitration, mediation).
To date, my practice has consisted entirely of litigation. However, I have extensive experience in negotiating stemming from the thousands of criminal cases I have prosecuted. In my role as a prosecutor, I strive to reach a fair resolution to both sides, which requires a meaningful exchange of information. an assessment of the strengths and weaknesses of each side's position, and exercise of professional judgment. I believe these skills are applicable to non-litigation legal experience such as arbitration and mediation.
 
Position or involvement in judicial, non-partisan, or partisan political campaign, committee, or organization: Not applicable
 
Previous runs for public office: Not applicable
 
All judicial or non-partisan candidates endorsed in the last ten years:
Todd K. Martens, Washington County Circuit Court, 2010 and 2017
 
Significant pro bono legal work or volunteer service:
Through my membership in Emerging Leaders of Washington County, I have engaged in volunteer service at non-profit agencies in Washington County and United Way of Washington County. This volunteer service has most recently consisted of: donating and collecting personal care supplies and housing supplies for Karl's Place, a homeless program in Washington County; collecting school supplies for United Way's annual school supply drive; serving as team lead for the annual United Way of Washington County Campaign Kick-Off Event; fundraising via the Emerging Leader's Charity Golf Outing that benefits the United Way Campaign; serving as discussion facilitator at On The Table, an annual event to address community issues.
 
I currently serve as a board member on the Board of Directors for United Way of Washington County, a board member on the Froedtert West Bend Community Hospital Board of Directors, as Co-Chair for Emerging Leaders of Washington County, and as a committee member for the Kettle Moraine YMCA Membership and Program Committee.
 
I currently do not engage in pro bono legal work due to the nature of my employment.
 
Quotes:
 
Why I want to be a judge -- The opportunity to serve as a Circuit Court Judge in Washington County aligns with my strong desire to positively contribute to the community in which I live and allows me to use my education and skill set to do so. My decisions to obtain a law degree and practice criminal law were purposeful, and in the nearly ten years I have served as a prosecutor I have fortunate that my employment has allowed me to positively impact my community. Serving as a Circuit Court Judge in Washington County would be an opportunity to continue that journey by a means that represents a new professional endeavor.
 
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.
Gill v. Whitford is an important decision to the people of Wisconsin because it effects the value of every citizen’s vote. While the United States Supreme Court did not decide the issue of partisan gerrymandering of Wisconsin districts because it remanded to the district court on the issue of standing, Gill represents an opportunity to create a workable definition of unconstitutional partisan gerrymandering. The United States Supreme Court’s decision to remand the case on the issue of standing had a short-term negative effect on the people of Wisconsin insofar as the present district boundaries survive. However, future decisions of both the district courts and the United States Supreme Court in Gill and similar cases that address partisan gerrymandering are important to prevent the partisan watering down of an individual citizen’s vote.
 
Two or three judges whom I admire and why:
 
Honorable Todd K. Martens – Washington County Circuit Court Branch III
I admire the Honorable Todd K. Martens, who I consider a professional mentor. I have known Judge Martens in a professional capacity for over ten years, and I admire his legal abilities and service to Washington County. I first met Judge Martens in 2008 when he served as Washington County District Attorney; I was a second-year law student at Marquette and had been assigned to his Office for an internship. During that internship I had the opportunity to observe how then-DA Martens lead the District Attorney’s Office and practiced as a prosecutor. I admired his leadership, his extensive knowledge of criminal law, and his litigation skills. In the sixteen months I practiced as a criminal defense attorney I handled several cases with the Washington County District Attorney’s Office, some of which were specifically with then-DA Martens. Switching from his intern to an adversary was a character-building experience, but once on opposite sides I gained a deeper perspective of the importance of candor and credibility between opposing attorneys. In 2010, then-DA Martens was appointed to the circuit court and I was hired by District Attorney Bensen as the newest Assistant District Attorney in the Washington County District Attorney’s Office. In the past nearly ten years, I have appeared before Judge Martens in hundreds of cases. As a judge, I admire his decisive nature and mastery of the law and procedure. He runs an efficient courtroom in which those who appear are expected to be prepared and productive. I have also witnessed and admire his community engagement outside the courtroom. In sum, I admire Judge Martens’ leadership in Washington County, his legal skills, and service as a prosecutor and judge.
 
Justice Rebecca Dallet – Wisconsin Supreme Court
I met Justice Dallet in my third year of law school as she was my professor in Trial Advocacy at Marquette University Law School. At that time Justice Dallet, a former prosecutor in the Milwaukee District Attorney’s Office, had recently become a court commissioner, and was actively campaigning for election to the Milwaukee County Circuit Court. Thereafter I have witnessed her service as a judge and ultimately as a Justice on the Wisconsin Supreme Court. Justice Dallet represents an individual who I have admired from afar because of her continual pursuit of professional development and service to both her immediate community and the State of Wisconsin.
 
Justice Sandra Day O’Connor – United States Supreme Court (1981-2006)
I admire Justice Sandra Day O’Connor as the first female justice appointed to the United States Supreme Court and an authentic, moderate, and candid jurist who played an integral role in a number of Supreme Court decisions during her twenty-four years on the Court. After retiring from the Court, Justice O’Connor has engaged in her community through programs aimed at civic awareness. Her commitment to educate and engage the public in civics aligns with my opinion that an informed and engaged citizenry is best for all.
 
The proper role of a judge:
The proper role of a circuit court judge is to interpret the law as written and apply it to the facts of a case to render a decision. Judges are not permitted to interpret the law to advance a social or political agenda. Circuit Court judges are responsible for a number of decisions that are vested heavily in an exercise of professional judgment. In this regard, a judge must employ a strong sense of judgment grounded in the law and based on reason, prudence, and common sense.
 
A circuit court judge also has a role within both the legal community and the community at large. Especially within a close-knit county such as Washington County, a circuit court judge serves to shape the nature of the legal community practicing in the jurisdiction. The way in which a judge conducts himself or herself within the courtroom, their procedures and practices, and the manner in which they engage with the parties and lawyers have a great effect on the norms of the jurisdiction. A circuit court judge also serves a natural leadership role within the community at large by bringing attention to needs and issues of the justice system, raising public awareness and engagement, and by actively seeking resources to improve the justice system.

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