Meet the candidates for Hales Corners Municipal Judge

In the race for Hales Corners municipal judge, Ian J. Thomson is challenging incumbent Jennine Sonntag. Election Day is April 4.

Thomson, an attorney at Gray & Associates in New Berlin, received his law degree from Marquette University Law School. His resume is here.

Sonntag, an attorney and contract administration leader at GE Healthcare in Wauwatosa and Hales Corners municipal judge since 2011, received her law degree from Marquette University Law School. Her resume is here.

WJI asked each of the candidates to answer a series of questions. The questions asked are patterned after some of those on the job application Gov. Evers uses when he is considering judicial appointments. The answers are presented here as submitted, without editing or insertion of “(sic)” for errors.

IAN J. THOMSON

​​Why do you want to become a judge? 

I don’t want to become any judge, I want to become the municipal judge for the Village of Hales Corners. Many years ago I spoke with then village administrator Mike Weber and mentioned that I wanted to serve Hales Corners, but I wasn't sure how best to do that. After serving in several capacities in the village I believe I'm in a unique position now with my legal experience to serve as the village of Hales Corners municipal judge.  

In my professional capacity I have practiced in front of numerous judges in all 72 counties across Wisconsin. In doing so, I have seen a number of excellent judges with excellent practices that I would love to bring to Hales Corners to improve the efficiency and effectiveness of the court. The most insightful, thoughtful, and effective judges certainly have legal experience, but also have people skills and the ability to make people feel as though they are being understood in court. It is important for a judge to practice active listening to tease out important issues, especially when a defendant without legal training may not successfully articulate relevant information in a case. By actively listening can a judge truly understand all the relevant facts in the case. 

I have spent a lot of time learning about the community and what it means to serve. I absolutely feel as though I am qualified not just technically, but also in my personality, that I pride myself on being fair. I aim to give people respect and treat others with dignity. I certainly would bring that to the bench so that those who have to appear before the court would feel as though they were not just heard by the judge but understood. While every party may not receive the outcome they hope for, I want them to know they did were given an opportunity to present the facts in front of an impartial and open judge. 

Name one of the best United States or Wisconsin Supreme Court opinions in the last thirty years and explain why you feel that way. 

Obergefell v. Hodges, 576 U.S. 644, the Supreme Court case that guaranteed the fundamental right for same sex couples to marry, personally impacted me in that I have close family and friends in long-term same-sex relationships who were contemplating marriage at the time the decision was handed down. The immediate and significant impact the decision had on my friends and family impressed upon me the power the law as to directly impact peoples’ lives. 

While democracy and majority rule are important, it is equally important to safeguard minority rights so that everyone regardless of age, gender, race, religion, national origin, or orientation can live their life knowing their fundamental rights are protected by law. 

Name one of the worst United States or Wisconsin Supreme Court opinions in the last thirty years and explain why you feel that way. 

Kelo v. City of New London, 545 U.S. 469, is an eminent domain case regarding the taking of a person's home to give the land to a large pharmaceutical company promising to create jobs, but the company never ended up building the development so the entire process of taking and demolishing peoples’ homes against their will was a complete waste. 

The facts in the Kelo case closely follow the facts in the Foxconn development in Racine County. Such use of eminent domain power to pick winners and losers between private parties is wrong. Justice Clarence Thomas wrote a particularly succinct line in his dissent: “Though citizens are safe from the government in their homes, the homes themselves are not.”

These public takings for private benefit don not sit right with me. There are certainly legitimate uses for eminent domain, such as infrastructure or transportation projects that benefit the public. But when a private business seeks to make a private land purchase and the owner declines the offer the business should not be able to turn to government to force the sale of the property through eminent domain. People have certain protections when they own property, and that case certainly imperils those rights. 
 
Describe your judicial philosophy. 

Be patient, be fair, be clear, and be kind. Appearing in court can be incredibly stressful. There are costs of time and money to mount a defense. It is very important that if somebody appears in court they should get to say their piece and be confident they are understood by the judge. I appreciate that a lot of judges are under pressure to conclude business quickly, but for me, as an attorney, I have learned to actively listen, and only then can I fully understand the facts in a case.  

As a judge, I want to be fair, to give people an opportunity to explain themselves so that I can understand the facts in the case. It is important that everybody get a chance to be heard. Further, one's background should not interfere with the judge's ability to make a fair decision. Cases should be decided on facts and the law, and personal convictions should not interfere with a fair outcome. 

Clear communication is also important. Attorneys who have gone through law school and have specific legal training may know legal jargon or shorthand, but an average person who comes to court should not be bombarded with legal jargon without a common-sense explanation. For me, it is important that a judge makes a fair decision and listens, but also explains why a decision was made so that everyone can understand fully what happened at their court hearing. So often, see judges resolve a case quickly and conclude the case to move on to the next case, and the parties may remain there stunned without understanding what just happened or how it impacts them. I believe it is necessary to take a moment to explain to the parties what is happening and why, so that they can fully understand what the next steps are.

Common courtesy and kindness can be hard to find out in the world, especially in the justice system. The system can seem heartless or cold, but having somebody who is kind and makes decisions in a kind way, even though they may not go the way people want, is important for me. It's part of who I am to try to make the process as courteous and collegial as possible.

Ultimately, my ultimate benchmark on my performance as a judge would depend on one question: would I want to practice before me as a judge? I would not be running for this position if I did not feel that the answer was certainly yes. I will be the type of judge that I would be eager to practice before, because I know that I will be fair, listen, be clear, and be kind. I have practiced before several excellent judges that express these traits and I would strive to emulate them on the bench.

Describe the two most significant cases in which you were involved as either an attorney or a judicial officer.

The first would be a series of mortgage cases where I encountered defendants in court for their first time speaking with an attorney for the plaintiff, and they are incredibly nervous about losing their home. They do not know if they are at the end of the road, when in fact they're only at the beginning of the case and have ample time to negotiate a resolution. It’s an enormous relief to these defendants to explain that they are not losing their house that day, and that they have opportunities to work with the lender. It is certainly stressful, but it is also immensely gratifying to be the bearer of good news, to let people know that they have options.

For me, it is also satisfying professionally because from my client's perspective the best thing to come from a hearing is open communication, and by encouraging defendants to communicate with my clients, that opens the door to resolution. Then we can set realistic expectations and find a fair resolution for all parties. 

By having honest communication, treating people respectfully, and being kind to people who may not be able to afford an attorney or may not know what's happening in their case, those cases that are resolved are immensely satisfying for me, because they show I cannot only represent my client's best interests, but also help come up with a resolution that helps both sides.

The other significant type of cases that I've been involved with as an attorney are cases involving eminent domain as part of the Foxconn development project. They can be heartbreaking in that the government through eminent domain are taking homes from people who thought they would be forever homes. The fundamental concept of these cases are very unsettling to me because the stated purpose of these massive eminent domain projects—the economic benefit—has not materialized. For me, if business seeks to expand through acquisition of property they should do so through a free market economic process rather than relying on eminent domain, and this is something any homeowner or aspiring homeowner should agree on. I am very uncomfortable with businesses leveraging the government's authority to infringe on individual property rights.

Describe your legal experience as an advocate in criminal litigation, civil litigation, and administrative proceedings.   

For criminal litigation I was top of my class in criminal law at Marquette Law School. I had an opportunity to intern with the Honorable Patricia Gorence, a federal magistrate judge in the Eastern District of Wisconsin. I admire her as a judge, particularly for mediations because she was able to put parties at ease and truly cut to the heart of the matter in such a way that the parties could see their position from the other's point of view. During my time with the court I would help review habeas corpus petitions from federal prisoners for the judge. I greatly enjoyed working with the career staff, and I learned the importance of showing the process is fair—that everybody has a right to file a habeas corpus petition, and each petition was reviewed in a professional manner, even though the petitioners had a very low success rate. By respecting the process and the petitioners the court ensured a just outcome. 

I also interned for the Wisconsin National Guard Office of the Staff Judge Advocate at Joint Forces Headquarters in Madison, assisting with pre-deployment issues regarding the Servicemembers’ Civil Relief Act (SCRA), and helped with basic estate plans prior to deployment. I am also proud to have assisted in publication of rules for the Military Family Release Fund, a fund that is still found on your Wisconsin state income tax forms. 

Due to my academic success in criminal law I had planned a career in criminal litigation, but around the time of the Great Recession I decided to switch to civil track, and in particular creditor’s rights. I have extensive civil experience, with over 4,000 cases in all 72 counties in Wisconsin. I have worked with most civil judges across the state at one point or another and greatly appreciate the ability to work with so many excellent judges and lawyers. 

In a non-legal capacity I serve on the village of Hales Corners Fire and Police Commission, and was recently reelected to a third term as commission president. Hales Corners is in the very small minority of Wisconsin in that the village has acommission with optional powers, and we have had to exercise that authority a few times for disciplinary matters. For me, it was important in any disciplinary matter that the parties be treated with dignity and receive a fair hearing. Nobody should have their career or their position jeopardized without having an opportunity to defend themselves as permitted by statute with a fair and impartial hearing. 

Have you ever been convicted of a crime, either misdemeanor or felony? If so, explain. When did the incident(s) occur?

No.
 
Have you ever been cited for a municipal offense? If so, explain. When did the incident(s) occur? 

Around 15 years ago I had a parking citation in Shorewood that was dismissed. Around 20 years ago I had a parking citation in Hales Corners that was dismissed. About 25 years ago when I was in High School, several friends and I attempted a prank at Whitnall High School over winter break and were cited in Greenfield. I served community service cleaning the inside and outside of Whitnall High School. 

What are the greatest obstacles judges face when trying to deliver true justice? What can or should be done about them?  

Ultimately one of the biggest issues driving injustice is lack of professional representation, particularly in civil cases. Criminal public defenders are so overworked that the amount of time a public defender can spend on a case is severely limited, and with limited resources comes limited effectiveness. It is a deplorable disservice to criminal defendants that their public defender is overworked, underpaid, and ineffective due to structural problems that are no fault in their own. That extends to civil law as well, where there is no legal right to a publicly funded attorney in civil matters. Even in large-stakes civil cases like those involving one's home, there is no right to a public defender.  

Litigants can be at a disadvantage initially if they fail to pay for a lawyer, and in cases where they are unable to afford their own lawyer, they may be prejudiced in the case simply by their lack of knowledge of the system. Volunteer legal clinics are an important intermediate step to help direct and provide basic legal information. But something needs to be done to level the playing field between represented and unrepresented parties, particularly in high-stakes civil litigation. Justice should not be based on one’s income, but the facts in the case. Parties should be able to have an impartial day in court based on the facts whether or not they are able to afford an attorney.

Further, I would like to be a resource to local schools and youth groups to start building familiarity with the justice system at a young age, so that kids understand that court does not have to be an intimidating place, but it's where justice is served and disputes can be resolved according to the rule law. 

Provide any other information you feel would be helpful to potential voters deciding for whom to vote.

Culture is important, and for me, it is important that those who are elected to administer justice be seen in the community, serve the community, and be an active part in the community. I take seriously the ethical concerns about any appearance of favoritism, or being seen as an extension of the village government or the police department. In my professional life I have been able to clearly delineate my personal beliefs from my professional obligations. As judge I would have the same level of professional discretion. My involvement in the community should be a positive because it is important to know the community in order to properly serve it. 

I have also been asked about my physical fitness. I have long struggled with my weight and more recently experienced significant mobility issues due to significant arthritis in my hip. Two years ago I embarked on an intense weight loss program. Since May, 2021 I have lost over 160 pounds and had hip replacement surgery so I have gone from barely being able to walk with a cane to walking a few miles a day around Hales Corners. My health was a legitimate concern a few years ago but now I am more fit that I was in high school. I am eager to direct my regained energy and enthusiasm toward the position of Hales Corners municipal judge. 

JENNINE SONNTAG
​
​Why do you want to become a judge? 
 
I have had the honor and pleasure of serving as the Hales Corners Municipal Judge for nearly 12 years. I enjoy speaking with the people who appear before me and I like learning the facts of a case, applying the correct law, and finding a legally-correct, appropriate, and just solution to the problem. As an experienced judge, I have had the opportunity to have a positive impact in peoples’ lives and am seeking re-election so I can continue to do so. I enjoy serving my community in this way and have proven that I can operate the court properly and independently, and administer justice fairly and pursuant to law. I believe that I exhibit the right judicial temperament – one of compassion, commitment to equal justice, and patience - to continue to serve justice here.
 
Name one of the best United States or Wisconsin Supreme Court opinions in the last thirty years and explain why you feel that way. 
 
A recent and significant case decided by the Wisconsin Supreme Court is its 2022 review in State v. Kizer, 2022 WI 58 affirming the Court of Appeals decision that permits Chrystul Kizer to offer an affirmative defense at her murder trial under Wisconsin Statutes sec. 939.46(1m) which allows trafficking victims to offer evidence that their offense was committed as a direct result of their trafficking. The trial court denied Chrystul Kizer the ability to offer the affirmative defense, ruling that the statute was never meant to apply to violent crimes. Chrystul Kizer is a teenage sex trafficking victim, who shot and killed her trafficker in self-defense. She met the 34-year-old man at age 16 on a website that was later shut down due to its involvement in child sex trafficking. For the next year, she was abused by her trafficker who also “sold” her to other abusers via the now-defunct website. At the time of his death, the deceased had been under investigation for trafficking and the State of Wisconsin had gathered evidence that the deceased had also trafficked many other teenagers, as well as a 12-year-old girl. Part of the evidence that the State had obtained in its investigation were images of underage abuse from the trafficker’s computer. The State had not issued charges at the time of his death.

Sex trafficking is perhaps one of the most awful and damaging things one person can do to another. All of the facts will come to light during a trial, as they do, and a jury can determine whether the affirmative defense fits in a particular case. The law should allow trafficking victims who are prosecuted for actions against their abusers to at least be able to raise the defense that they acted due to being trafficked. 
 
Name one of the worst United States or Wisconsin Supreme Court opinions in the last thirty years and explain why you feel that way. 
 
One of the worst Wisconsin Supreme Court decisions in recent memory is Friends of Frame Park, U.A. v. City of Waukesha, 22 WI 57. The case involved a public records request made by the Friends of Frame Park to the City of Waukesha seeking documents related to the City’s plans to bring amateur baseball to Frame Park. The Friends of Frame Park (“Friends”) believed that the City had improperly withheld a draft contract for the proposed arrangement. The Friends began a civil action against the City seeking production of the contract and attorney’s fees incurred due to having to resort to court action to obtain the document. The City released the draft contract to the Friends the day after the suit was filed. The Friends asked the Circuit Court to hold that the City withheld the contract improperly and to grant attorney’s fees. The Circuit Court ruled that the City properly withheld the documents and denied the request for attorney’s fees. The Court of Appeals reversed the Circuit Court’s decision and sent it back to the Circuit Court to decide the amount of attorney’s fees. The Wisconsin Supreme Court took up the City’s Petition for Review and ruled that the City properly withheld the document and that the Friends of Frame Park was not entitled to its attorney’s fees because it did not “prevail” in its action to force the City to produce the draft contract as the City voluntarily produced the document after litigation was commenced.
 
This case is significant because the Wisconsin Supreme Court much more strictly construed the word “prevail” in the applicable statute than Wisconsin courts previously have. Historically in Wisconsin, when a public records custodian would voluntarily turn over public records in response to a lawsuit filed by a requestor after the records custodian initially refused to produce the records, a court would make inquiry to determine whether the records were turned over in response to the lawsuit. If so, the requestor would be awarded attorney’s fees. The Wisconsin Supreme Court, in the Friends of Frame Park case, changed the test and construed the statute more strictly to require a court order at the end of litigation. Not every requestor who has been denied public records after a lawful request can afford to litigate the issue. This may result in a chilling effect in regard to the release of public documents. The law should favor a transparent government and the right of citizens to receive government records if a lawful request has been made and to be awarded attorney’s fees if the records were withheld and eventually turned over as a result of legal action.
 
Describe your judicial philosophy. 
 
The role of a judge is to interpret state statutes, the local municipal code, and case law and to administer justice fairly and impartially. I treat all people who appear in court with respect and as individuals. Every case is an opportunity to educate. Municipal court is a system of community-based justice and, as a municipal judge, I have the unique ability to be able to spend the time it takes to explain the ordinance or statute that is the basis of the violation so that individuals can comply with the law in the future.

Municipal court has an important place in Wisconsin's judicial system as the court closest to the people. More people will experience municipal court than a circuit court, court of appeals, or the Wisconsin Supreme Court. After all, more of us will get a traffic ticket than have any involvement in a criminal case or lawsuit. Because of this, many people will base their impressions of our judicial system on their experience in municipal court. Many years ago, I witnessed a municipal judge yelling at each person who appeared in front of him, chastising them about their violations. And he did this in front of all the other people in the courtroom who were waiting for their turn. A person will remember how they and their case were treated. I am a different kind of judge than the one I observed. While not everyone who appears before me in court will leave happy with the outcome, they will leave knowing they were able to tell me what they thought was important for me to know, that they were listened to, and were treated respectfully by me and by our court personnel. I can achieve accountability, impose consequences, and still be kind.

Describe the two most significant cases in which you were involved as either an attorney or a judicial officer.
 
(1) As an attorney, I represented a child who had been sexually abused over a period of time by her grandfather. The grandfather had already been convicted by the criminal justice system and I was handling the civil case. The child was seven years old at the time I became involved in her case and I worked closely with her mom. I represented the child in a lawsuit and obtained a substantial damage award for her after a trial. The case was significant for me in a very important way: Over the course of years after the trial, the child’s mother would occasionally call me to talk about issues her daughter was having and ask me if I knew of any resources that could help. I had become a trusted person for them and they were comfortable coming to me for help and information. This case, and others, made me understand that an attorney does more than provide their legal skills, knowledge, and experience. When we are working with people who are hurting because of something that happened to them we do much more than simply work a case. We are traveling with them along a personal journey and can make an important impact in someone’s life during a difficult time. We can make a difference and this has stuck with me throughout my legal career as an attorney and now as a judge.
 
(2) As an attorney, I represented a woman who had a home loan through a special program offered by the U.S. Department of Housing and Urban Development (HUD). Through a series of mistakes that she made due to a lack of sophistication and understanding of some of the rules of the loan program, her HUD loan was being foreclosed. I was able to get the foreclosure case put on hold while I worked with the Milwaukee HUD office to solve the problem. I found a way to get the case out of foreclosure and transferred to my client’s brother as a new owner by advocating for an unusual use of a U.S. Code of Federal Regulation section governing HUD. The Milwaukee HUD Director told me that the particular Code section had never been used in the way I was proposing so it had to be escalated and approved by someone in Washington D.C. I was successful in the end and my client didn’t lose her home. This case remains a personal favorite of mine even though my firm took it on for a very reduced fee. We didn’t make much money but I was proud to cut through the bureaucracy and achieve a successful result through an innovative use of the law. 
 
Describe your legal experience as an advocate in criminal litigation, civil litigation, and administrative proceedings.   
 
I have 19 years of experience as a civil litigation attorney. I have practiced in municipal, circuit courts, the Wisconsin Court of Appeals, and the Wisconsin Supreme Court in addition to the U.S. District Courts for the Eastern and Western Districts of Wisconsin. I worked on two published cases: Aluminum Industries Corp. v. Camelot Trails Condominium Corp., 194 Wis. 2d 574, 535 N.W.2d 74 (Ct. App. 1995); and Heyde Companies v. Dove Healthcare, LLC, 249 Wis. 2d 32, 2001 WI App. 278, 637 N.W.2d 437 (Wis. Ct. App. 2001). I have been involved in administrative proceedings in Wisconsin Worker’s Compensation cases.
 
I have worked on litigation including representing individuals in professional malpractice defense (attorneys, licensed real estate professionals, accountants, and engineers), commercial litigation, title insurance defense, personal injury, worker’s compensation, construction, municipal law, real estate, class actions and RICO (Racketeering Influenced and Corrupt Organizations Act) claims in business litigation, and employment litigation. I have represented individuals and organizations in court (motion practice and trials), depositions, and mediations.

Have you ever been convicted of a crime, either misdemeanor or felony? If so, explain. When did the incident(s) occur?
 
No.
 
Have you ever been cited for a municipal offense? If so, explain. When did the incident(s) occur? 
 
A lapsed license plate sticker approximately 20 years ago and speeding ticket approximately 12 years ago.
  
What are the greatest obstacles judges face when trying to deliver true justice? What can or should be done about them?  
 
There are two common obstacles that I have experienced as a municipal judge:
 
(1) Most people in municipal court do not have attorneys. Because of the lack of representation, I spend the time it takes to explain the proceedings so that each person understands the charges, their rights, obligations, and options they have, and what will happen next. So, a judge’s attention can help to some degree. If a low income is the reason for a person not being able to hire an attorney, I direct them to several resources that may be able to help with a free or low-cost attorney. If the person just does not know how to go about finding an attorney, I can give them some guidance. I cannot give legal advice but some direction from the judge can help.
 
(2) As a judge, I have had cases involving people, both juveniles and adults, with mental health issues. It can be difficult, as most are unrepresented as I have described above. Many already have behavioral health care but their health issues do impact their conduct in court. I am patient and compassionate and, in certain situations, this means allowing them to talk a lot and then gently steering the conversation back to the reason that we are in court together. I take great care to make sure they know what comes next and what responsibilities they have. I have seen many juveniles in court whose parents cannot find behavioral health providers for them, due to the well-documented lack of behavioral health care providers in the United States and here in Wisconsin. The solution to this problem is well beyond a municipal judge’s capacities. However, I do what I can to provide the parents with resources that I know about.
 
Provide any other information you feel would be helpful to potential voters deciding for whom to vote.
 
As the Hales Corners Municipal Judge since 2011, I have presided over 385 trials and countless hearings. In nearly 12 years on the bench (and 19 years’ litigation experience) I have dealt with people from varied life situations. Most people who appear in my court represent themselves. I spend the time we need to ensure they understand the charges and their rights, including the right to hire an attorney. I listen to what they want to say about the incident. I explain how to pay their citation if they are not contesting it. I cannot give legal advice, but I don’t want anyone to be confused by what happens in court.
 
I have worked very hard to operate the court so as to promote the public’s confidence in it. A court gets its legitimacy from the public’s trust. I am accountable to legal and ethical standards and independent decision-making and not beholden to any party in a case or to the other branches of our local government.
 
I have created materials for those who receive citations, including instructions about how to enter a plea, where to go for court and how to check in, what time court starts, how to pay the citation if they are not contesting it, and who to call for questions.
 
It is my ongoing goal to improve the court and our processes whenever we can (while considering our budget). We have implemented new processes over the years if we think trying something new will be more efficient and result in people having shorter wait times to see me or the Village Prosecutor. We have implemented solutions to make it easy to pay citations. When we provided a QR code, we had people using it on first day. I want to make it uncomplicated for people to deal with the court and to comply with requirements.
 
The arrival of COVID-19 in March 2020 affected everything in our lives including the courts. When the Wisconsin Supreme Court shut down all in-court activities across the state, Hales Corners continued to have a full-time, operational court. We developed a way for people to enter pleas by mail or email and conducted all pretrial conferences by telephone. We adjudicated many cases this way. In June 2020, we could develop a plan to resume in-court activities. The plan had to be approved by the Hales Corners Health Officer and by the Chief Judge of Milwaukee County (who oversees the Milwaukee County municipal courts). We obtained the necessary approvals immediately and resumed in-court activities, per our plan to protect public health, in June 2020. Thus, we were able to avoid a backlog of cases.
 
I restructured collections in December 2017 and we have collected forfeitures totaling more than $800,000 in the last five years.
​
Future goals for the court include: (1) making it even easier for people to pay citations; (2) better assisting those representing themselves in court; and (3) expanding the court page on the Village’s website to be more informative.