Evers' judges: Theresa A. Beck

​"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: Theresa A. Beck
 
Appointed to: Jefferson County Circuit Court
 
Appointment date: July 26, 2024, to term ending July 31, 2025
 
Education:
Law School – Marquette University, Milwaukee, Wisconsin
Undergraduate – University of Wisconsin-Whitewater
High School – Lake Mills High, Lake Mills, Wisconsin
 
Recent legal employment:
May 2010-present – Assistant district attorney, Jefferson County, Jefferson, Wisconsin
January 2009-May 2010 – Attorney-partner, Beck & Kiewit, S.C., Jefferson, Wisconsin
June 2000-December 2008 – Associate attorney, Monogue & Witt, S.C., Jefferson, Wisconsin
 
Bar and administrative memberships:
State Bar of Wisconsin
 
General character of practice:
ln my current role as an Assistant District Attorney I am assigned juvenile delinquency, criminal (misdemeanor and felony), and criminal traffic referrals. My practice includes the responsibility for reviewing and making charging decisions, litigating pre-trial motions, negotiating offers to resolve cases and representing the State and or County at trial. In juvenile, criminal misdemeanor and criminal traffic cases, I am responsible for representing the State or County in appellate matters. My practice previously included the prosecution of Chapter 48 cases, including Children in Need of Protection and Services and Termination of Parental Rights cases, between 2010 through 2019.
 
Describe typical clients:
In my capacity as an Assistant District Attorney, the client is both the State of Wisconsin and Jefferson County. The cases involve prosecution of criminal, traffic and juvenile matters on behalf of those entities. My current areas of specialty are criminal and juvenile law.
 
While in private practice, my specialty was family, and juvenile law  I also was appointed by the courts as a GAL tasked with representing the best interests of children in custody matters.
 
Number of cases tried to verdict: approximately 85-90 cases
 
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:
(1) State v. Terrance Curtis, Jefferson County Case No. 15CF359 . . . .
This is a First-Degree Reckless Homicide case that originated in 2015. The matter involved the death of a young child in a rural Jefferson County residence. I was assigned the case by the District Attorney, Susan Happ after the matter was charged.
 
I was the sole prosecutor for the case, through pre-trial litigation, trial, and all post­ conviction litigation. The appellate work on this file was handled by the Wisconsin Department of Justice Appellate Division, as the case made its way from the Court of Appeals to the Supreme Court, where it was affirmed and remanded back to the Circuit Court. After exhausting his appellate issues, the defendant recently filed a Motion under Section 974.06 requesting a new trial. The matter is currently inactive, pending an evaluation by the State Public Defender's Office and the filing of a responsive brief by defense counsel.
 
Two of the primary issues at trial and in post-conviction practice have been "Denny" third party evidence and a dispute over the victim's cause of death. The trial was significant for a number of reasons. The evidentiary issues were complex during the trial. Specifically, the allegation that a third party within the home was responsible for the child's death and that the injuries sustained by the victim were caused by a fall rather than multiple blunt force trauma injuries. The testimony at trial relied heavily on scientific/technical opinions by the medical examiner. The defense expert at trial, attempted to opine as to cause and manner of death, despite lacking sufficient credentials to render those opinions. The trial involved conflicting experts on a variety of issues. This matter was tried to a jury in a weeklong trial that resulted in a conviction and a significant prison sentence.
 
Given the severity of the crime, the technical nature of the evidence, the sheer number of witnesses, and exhibits as well as the impact on the victim's family; this matter is one of the most significant trials of my career thus far.
 
#2) State of Wisconsin v. Mark Salgado, Jefferson County Case No. 18CF118 . . . . 
This matter is an Attempted Homicide, Kidnapping and Substantial battery case involving a multi hour standoff with law enforcement at a local motel. The primary defense argument was that this incident was mental health related, namely it was a botched self-harm episode, rather than an intentional attempt to harm the victim. The defendant entered a not guilty & NGI plea during the pre-trial phase of the case. A subsequent evaluation of the defendant did not support the claim of NGI. The defendant maintained his NGI plea despite the lack of support by the court appointed evaluator. Defense counsel did not seek to retain their own expert to address NGI matters, their strategy appeared to be to cross examine the State's expert vigorously at trial. Just prior to the commencement of the trial, the defendant elected to waive his right to a jury and proceed to a bench trial in 2019. After the State's evidentiary presentation, the defendant withdrew his NGI plea and elected to testify in his own defense.
 
One of the significant issues addressed prior to and during the trial was the defense strategy of not retaining their own NGI expert. The Court was required to address whether an NGI claim could be substantiated based solely on the cross examination of the court appointed evaluator, without additional expert testimony. Issues of who had the burden of persuasion and production of evidence were highlighted by the Court related to the NGI aspect of the case. The trial court took extra precautions to ensure that the defendant understood the proceedings, given his NGI claim.
 
At the conclusion of the trial, the defendant was found guilty on all the charges and later sentenced to prison. The convictions were later affirmed by the Court of Appeals and the Supreme Court denied the Petition for Review. There is no current motion practice before the trial court.
 
Experience in adversary proceedings before administrative bodies: None
 
Non-litigation experience (e.g., arbitration, mediation): None
 
Position or involvement in judicial, non-partisan, or partisan political campaign, committee, or organization: None
 
Previous runs for public office: None
 
All judicial or non-partisan candidates endorsed in the last ten years:
Joann Miller, Jefferson County Circuit Court, Br. 3, 2015
Jennifer Weston, Jefferson County Circuit Court, Br. 1, 2009
Susan Happ, Attorney General, 2014
 
Professional or civic and charitable organizations:
Council for Performing Arts in Jefferson County, executive committee secretary, May 2004-June 2010
Campus Guardians of Wisconsin, board member, February 2024-present
 
Significant pro bono legal work or volunteer service:
My primary volunteer service has been with the State Bar High School Mock Trial Tournament during the previous 8 years. I became a volunteer for the Juneau regional tournament, volunteering annually in the competition. My roles have been everything from being a score sheet runner, acting as a performance judge and a presiding judge for competitions.
 
Quotes:
 
Why I want to be a judge:
The justice system is a vital component to our society. Circuit Court judges are the gatekeepers of the legal system, and they must confront a large and diverse case load. This significant responsibility should be fulfilled by judges who have experience in multiple areas of the law, who have excellent interpersonal and administrative skills, and by individuals who can maintain an even judicial temperament. In addition to addressing the courtroom aspects of the position, a judge must be able to successfully interact with other judicial system stakeholders, to ensure the court system is running smoothly.
 
Citizens who come before the courts are best served by judges who have practical experience in the law. A judge who can quickly understand and narrow the issues to be decided, apply the rules of evidence to arrive at a conclusion that is lawful, and fair to the parties involved, provides the best outcome. This approach also promotes efficiency in calendar management, to ensure cases are resolved promptly, and the parties can reach finality without unnecessary delay.
 
In the previous 24 years, I have taken part in various aspects of the justice system, allowing me to accumulate the skills necessary to fulfill the duties of a judge. As a private practice attorney and a prosecutor, I have gained experience in multiple areas of law, including family law, juvenile law, guardian ad litem work, criminal law, civil litigation, and probate law. I have litigated my entire career in the circuit courts of Jefferson County. This experience has provided me with an understanding of how the circuit court system functions in Jefferson County. I have established relationships with many of the stakeholders involved in the legal system. As a lifelong resident of Jefferson County, I have developed relationships with many individuals who live in the area, providing an opportunity to fine tune my interpersonal skills, and to gain the trust of individuals who need legal assistance.
 
The system will benefit from someone who can hit the ground running, is familiar with the existing framework of the County, and has the necessary skills to fulfill the obligations of the position. I believe that my experience, and my existing relationships within the system, and my temperament make me an ideal candidate to fulfill the obligations of the role of a circuit court judge.
 
Decisions by the Wisconsin Supreme Court or U.S. Supreme Court which have impacted the people of Wisconsin:
Dobbs v. Jackson Women’s Health Organization, 597 U.S. 215 (2022) 
The United States Supreme Court decision to overturn Roe v. Wade after 49 years of well settled law impacted the citizens of Wisconsin by removing a conduit to reproductive care. The legacy of the decision created uncertainty for patients and medical providers in Wisconsin and all over the United States. The removal of the protections of Roe has impacted the reproductive rights of our citizens today in a negative manner.
 
After Roe was overturned, the state was left with the 1849 law, which contains no exceptions, and is significantly outdated. The law was authored before issues such as alternative conception methods were even contemplated. Subsequent legal challenges to the law such as the December 2023 ruling from Dane County, has done little to alleviate the uncertainty around reproductive care. The Dane County decision is working its way through the appellate courts, leaving the matter unresolved. Many medical professionals have expressed fear of losing their license or being prosecuted for providing care to their patients.
 
Individuals who need medical care may be forced to seek these services outside of the State. They face potential barriers of locating a physician or clinic to perform the services, increased costs, and the inability to utilize insurance coverage. The politics of this decision has impacted a vital relationship in society, namely the relationship between a doctor and a patient. Until there is some legal resolution to this issue, or the law is revisited, medical professionals will be hampered from providing care for patients, and it may discourage doctors from continuing the practice of medicine in Wisconsin, leaving fewer options for patients.
 
Two or three judges whom I admire and why:
(1) Chief Justice Shirley Abrahamson
Although no longer with us, Chief Justice Abrahamson left a long-lasting legacy on the Wisconsin legal system. Her dedication to educating the public about the legal system and its role in society was remarkable. From her tenure as a law professor through her time on the Wisconsin Supreme Court, she devoted her life to the education of individuals on the rule of law and fought to increase accessibility to the legal system. Her support of pro se litigant clinics is one example. Justice Abrahamson recognized a need to address the growing percentage of self-represented parties. She recognized that providing the necessary tools to self-represented individuals allowed the system to function more effectively and increased public confidence. This approach allows stakeholders to fulfill their obligations. Specifically for judges, they can maintain their neutrality, and decide cases based solely upon the facts and the law. These contributions to the enhancement of the functioning of the legal system benefit everyone. Justice Abrahamson spent much of her time trying to improve the justice system. Her efforts to educate litigants on procedure and thus improve accessibility to the justice system have promoted confidence in a system that is often complex and difficult to navigate. Justice Abrahamson’s efforts showed a devotion to law that is admirable.
 
2)    Former Jefferson County Circuit Court Judge-Jacqueline Erwin
Judge Erwin was a presiding judge in Branch 3 of the Jefferson County Circuit court system for twenty-two years. She retired from the bench in January 2013. During her tenure on the bench, Judge Erwin exhibited many admirable qualities which helped her fulfill her obligations as a judge. She is smart, tough, and fair. She worked hard and expected others to do the same. Judge Erwin was well versed in the law, and she worked extremely hard to remain up to date as the body of law changed. In areas of the law where she had not previously practiced, she did her research. She took notes, she prepared her files, and she was always ready to address her caseload in an efficient and prompt manner. She was constantly striving to be a better judge. She expected the same level of commitment from the lawyers and litigants who appeared in her courtroom. She expected all parties to conduct themselves in accordance with legal and moral ethics and to maintain professionalism in her court. She challenged me and others to be better lawyers. In her decisions, Judge Erwin was tough, yet fair. Her decisions were rarely overturned on appeal.
 
When I think of the qualities a judge must possess to effectively fulfill the obligations of the position, Judge Erwin personifies all of them. Those qualities of a strong intellect, a desire to continue learning, a strong sense of ethics and professionalism and compassion and empathy are all qualities that I strive to exemplify every day.
 
The proper role of a judge:
Circuit Court judges are the gatekeepers of the legal system. Their responsibilities include presiding over proceedings, maintaining order in the court, and ensuring the prompt administration of justice. A judge must also always maintain impartiality and decorum.
 
Judges must be educated in multiple areas of the law and have a working knowledge of the rules of criminal and civil procedure as trial court judges preside over diverse types of proceedings. One of the primary duties of a judge requires the determination of the admissibility, and relevance of evidence offered by the parties. A judge should ensure that for all hearings there is a proper record kept of the proceedings.
 
Judges should ensure that all parties have a chance to be heard and present their evidence and arguments. Once the parties have fulfilled their duties, it is incumbent upon the judge to apply the law, and exercise appropriate discretion, rendering a prompt decision to the parties, setting forth the basis for their decision, on the record, or in writing.
 
In a hearing involving a jury, the judge also acts as a director of the proceedings to ensure that the jurors are informed of their duties and their general needs are addressed during their duty. A judge must ensure that a jury is properly instructed on the law and ensure that the jury only hears relevant and non-prejudicial information.
 
A judge also needs to have excellent interpersonal skills, as they are dealing with the litigants, lawyers, victims, jurors, other magistrates and court personnel on a daily basis. A judge should always ensure that professional courtesy is maintained and should expect courteous behavior of those who appear in court.

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