Meet the candidates for Wauwatosa Municipal Court's open seat

Krista G. LaFave and J.C. Moore are running for the Wauwatosa Municipal Court seat being vacated by Richard J. Baker, who is not seeking re-election.

Election Day is April 5.

LaFave, an attorney at Warshafsky, Rotter, Tarnoff & Bloch, received her law degree from Tulane University Law School. Her resume is here.

Moore, a Milwaukee County judicial court commissioner, received his law degree from Marquette University Law School. His resume is here.

WJI asked each of the candidates to answer a series of questions. The answers are presented here as submitted. The questions asked are patterned after some of those on the job application Gov. Evers uses when he is considering judicial appointments.
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J.C. Moore

Why do you want to become a judge?

Service: For 32 years I was honored to serve in the military. After 9/11 I left my family and law practice behind for active duty and in 2006 I deployed to Iraq. While eating lunch in the cafeteria of Saddam Hussein's former presidential palace in Baghdad, I struck up a conversation with a stranger who described his life under Saddam’s rule.  He told me how he was a political prisoner in the 1990's, held for months and tortured. He was only released because his family was able to pay off the guards. He fled Iraq by walking through the desert to Syria but returned home after the invasion. He praised the Americans for overturning a dictator and trying to install a system of democracy and rule of law. This story re-affirmed my appreciation for our system. While it is far from perfect, it is in many respects the envy of the world. I am proud that my service in the law and military has allowed me to safeguard rights and promote our system of laws at home and abroad.

Impact: Years ago, I noticed a sign that had been hung on a courtroom door by a now retired judge. It read "every decision I make affects someone's life." While the significance of these words has played out many times over my career, one day’s events best illustrate them. As a public defender, I represented a teen-ager who had horribly and tragically killed another teen. My client had long suffered from abuse, neglect, and significant mental illness. All of this went unaddressed by the juvenile courts and judges who presided over them. When he was sentenced, I told the judge how chances to fix problems, transform a life and avert tragedy had been missed. Later that day, I attended a ceremony for 5 people who had successfully completed Milwaukee’s Drug Treatment Court. This court has helped hundreds of people who committed crimes fueled by drug addiction to get treatment, reunite with families, and turn their lives around. I was proud to be part of the team that helped these 5 people fix their problems and transform their lives. Our efforts however, were led by a judge. The decisions a judge makes have profound and sometimes transformative impact on people that appear before them and the community.

Wauwatosa has always been home for my family and I. I’ve served our nation and community. Now it’s Wauwatosa’s turn. This is especially important now. Wauwatosa faces many challenges. It’s struggling to overcome a legacy of unfair treatment for some.  At the same time, it’s facing a more recent increase in dangerous behavior that we all deserve to be safe from.  I hope to have an impact on these and other issues by serving as Wauwatosa’s 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.

In 2015, the United States Supreme Court in King v Burwell addressed the statutory basis for a critical part of the Affordable Care Act (ACA); tax credits to offset the cost of insurance purchased through government run health care exchanges. A decision in favor of the plaintiff would have caused millions of people in 34 states to lose the tax credits which made insurance purchased through ACA exchanges affordable, toppling the ACA. The Court considered past cases, the policy and economic implications of millions losing their insurance and provided a creative interpretation of existing statutes which allowed the ACA to survive intact.
King had tremendous impact on many levels. One example of special significance to the justice system is drug abuse and the opioid epidemic. In 2017, over 70,000 persons across the nation died from overdose. Milwaukee County alone saw over 300. Many studies have shown the likelihood of criminal involvement is increased many times by substance abuse. Treatment is critical for rehabilitation and crime prevention but often unavailable for persons of modest means. State and county funded services provide some but not enough. Many rely on the ACA to access treatment through private insurance or low income programs like Badgercare.

The decision in King was a creative interpretation of the law, consistent with the intent of lawmakers which allowed millions to remain insured. Judges must often develop practical solutions to problems using interpretations of existing law. I have done that many times on the bench and in my work with treatment/diversionary court programs. I will do so as municipal court judge.

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

This decision at best caused confusion about absentee voting in a hotly contested election held when access to polling stations was already limited by the COVID pandemic. At worst, it disenfranchised voters and forced them to choose between their health and being heard at the ballot box. In Democratic National Committee v. Wisconsin State Legislature, the Supreme court rejected a lower court’s order upholding reasonable accommodations on absentee ballot deadlines in Wisconsin for the November 2020 election. It did so despite unprecedented demand for absentee ballots due to COVID and considerable confusion about turn in deadlines. This forced thousands of Wisconsinites to wait in long lines to vote in person in the midst of the pandemic. The court did so even though it had previously upheld accommodations in our spring primary as well as similar ones in Pennsylvania a week earlier. In her dissent, Justice Elena Kagan quoted the late Justice Ruth Bader Ginsburg’s dissenting opinion in April, by noting that voters who received their mail-in ballots too late to return them by Election Day must decide between “braving the polls” and “losing their right to vote.” “The voters of Wisconsin, deserve[d] a better choice.”

Describe your judicial philosophy.

Judges serve in a variety of different roles. Above all, they are decision makers who have a profound impact on the people in court and the community. While it is important for judges to be neutral and not place a thumb on the scales of justice, judges must ensure the fairness and integrity of the process. If someone doesn’t understand or can’t effectively participate in the process, this tips the scales and calls into question the legitimacy of the proceedings. I’ve spent my career ensuring access to justice either through the public defender or legal assistance clinics that I helped start or support. A judge must also appreciate the circumstances of the people in court and make decisions that are individualized, practical and impactful. For nearly 2 decades I’ve been involved with court programs which focus on addressing the individualized needs of the person.

Judges are educators. Stare decisis (precedent) is fundamental to our system but law and policies evolve. Judges see the effects of poorly drafted or outdated legislation firsthand. They must convey this to lawmakers and assist the process through committee work or testimony. They should teach other judges and lawyers about issues affecting the administration of justice. They should speak to stakeholders and the community on how their concerns are being addressed by the system. I’ve presented to and taught legislators, justice system stakeholders and the community about justice alternatives both state and nationwide. I serve on or have led 3 statewide committees and associations which educate, advocate and provide policy on these issues.

Finally, judges are leaders. They preside over more than their courtroom. They guide and sometimes inspire the litigants through their decisions and comments. They lead teams and committees to solve problems in the law and its administration. Legal texts won’t tell a judge how to keep an addicted person from using drugs or how to keep a youth who has suffered from trauma, abuse and neglect from committing their own crimes. Solutions to these problems require skill and experience. I have that skill, leadership and experience and will use it to make fair and effective decisions as Wauwatosa’s judge.
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Describe the two most significant cases in which you were involved as either an attorney or a judicial officer.

As a court commissioner I presided over a temporary physical custody hearing of a youth charged with shooting 8 people in Mayfair Mall in Wauwatosa in Nov 2020. The youth was retained in secure custody.

As a public defender, I represented an Afghanistan War Veteran and former member of the Wisconsin Army National Guard charged with property crimes stemming from an opiate addiction he developed after being injured in the war. The defendant was allowed to participate in the Milwaukee County Veteran's Court that I helped establish. Upon successful completion of the program, his cases were dismissed. The defendant is in recovery, returned to military service, finished school, working, owns a home and is married and a new father.

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

As a public defender I provided representation for thousands of indigent persons charged with crimes over a 21 year career. Offenses varied from traffic misdemeanors to sexual assaults and approximately 60 homicides as lead or co-counsel. I also represented some clients in family, paternity, and children's court cases.

My litigation experience includes representing clients in approximately 80-100 jury trials, 50 trials to a judge, 80-100 administrative hearings and hundreds of evidentiary hearings. I have also represented hundreds of clients in 3 different diversion/treatment court programs that I helped start or staff in Milwaukee County. All of these programs are still in place today and have helped thousands of people charged with crimes avoid convictions or address needs through treatment and supervision instead of jail. I remain active with these and 100 similar programs across the state through teaching, advocacy and on the policy level.

​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?

No other than parking or a speeding ticket over 10 years ago.

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

Lack of vision and leadership. For too long Wauwatosa’s Municipal Court has done things the same old ineffective way. Monetary penalties alone haven’t helped the people appearing in court nor has this kept our community safe. Monetary penalties imposed in municipal court are significant. If the person fails to pay, the judge can suspend driving privileges or even issue a warrant for arrest and commitment to jail for up to 90 days. Jail for non-payment results in separation from family, the community and job loss, depriving them of their ability to pay. Moreover, jail for non-payment is a financial loss to the city as the county charges over $100/day to hold someone in jail for non-payment. A report published in 2015 showed how the City of Milwaukee paid twice the amount that was collected to jail people who didn’t pay. Finally, research has shown that monetary penalties have the greatest impact on those who are least able to pay. Often these are people of color. The same report found that 78% of those incarcerated for non-payment were African-American. Loss of driving privileges is also significant as it can affect employment and the ability to care for family which is especially difficult with COVID.

On the other hand, Wauwatosa is experiencing a crisis of reckless and intoxicated driving. Daily, I see cases in delinquency court where the safety of our community is threatened by dangerous drivers and violence.  While Wauwatosa’s municipal court doesn’t handle crimes, It does hear cases of dangerous behavior. Over the last 5 years it heard nearly 800 cases of dangerous or intoxicated driving and nearly 4500 non-traffic cases involving theft, weapons and violence. Municipal court is a chance for the system to intervene before this behavior escalates to criminal or delinquency court.
The decision to use monetary penalties or other dispositions depends on the offense and the circumstances of the offender. A municipal judge can do this by deciding cases in an individualized way, not one size fits all.  The judge can look at each case and use enforcement for the most serious cases and innovative programs for others. Programs that assist with drivers’ license recovery, organizing community service alternatives to fines and referrals for supportive services are available and effective. This is especially true for youth who are cited. I have worked with most of these programs for many years. If elected, I will bring this knowledge, leadership and vision to Wauwatosa’s Court.

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

Courts must be transparent and Fair. With few exceptions courts are open to the public so that citizens have confidence in the fairness of the process. If access is limited, the public loses faith in the court’s legitimacy. Public access is so important that when COVID caused courts to be run on Zoom, they were also streamed on YouTube and other services. Being able to access and understand the proceedings is especially important in municipal court as hearings are not recorded. People also generally appear without counsel to explain and guide them in the process.  I have spent my career in court daily. I have presided over courts where the proceedings were unrecorded, and the participants appeared without counsel. I will ensure that every activity in court is open to all and readily explained. Instructions may be provided on-line, in hard copy or even orally by the judge at the beginning of the session. They must also be translated into the first language of participants. By doing this, our citizens can be assured that what’s happening in court is open and fair for all.
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People in court must be effectively heard and respectfully treated. This is a fundamental part of the due process rights we all enjoy. If people are poorly treated and don’t have an effective voice in court, they won’t believe the outcome is fair. As a public defender, I fought to make sure my clients were treated with respect and dignity regardless of the charges they faced. As a commissioner, I ensure that everyone in my courtroom is treated with the respect they are entitled to and the fairness the law demands. Having an effective voice can mean having a good understanding of the process or assistance of a lawyer. It can also mean just getting to court. I’ve spent my career trying to improve access to justice. As a public defender I represented indigent people accused of crimes. As a court commissioner I supported and organized efforts to provide legal advice or full representation in civil cases. I’ve worked with other municipal courts to clear warrants, recover drivers’ licenses and repay fines. If elected, I will continue to work with organizations that provide legal assistance in municipal court. Finally, I’ve helped people get past transportation, child care, illness and other valid reasons preventing them from attending in-person by holding court on Zoom for 2 years. People should not have to jeopardize their health and safety to come to court for a 5 minute hearing. On the other hand, they may have to come in-person with the proper precautions for more in-depth hearings or trials. The key is knowing the difference. If elected, I will conduct municipal court hearings remotely when it makes sense to do so.  

Krista LaFave

Why do you want to become a judge? 
 
I want to become a judge because I have the experience, knowledge, and skills to serve our community and mete out justice fairly. I will ensure that litigants who appear before the court are treated fairly and respectfully, and that they leave with their dignity intact. The municipal court holds a unique place in our state-wide judicial system and within our local government. It is a court for the people and for the community. There is an opportunity to have a positive impact on the defendant who is appearing in court that day through the use of fair and consistent discretion.
 
There is only one judge in Wauwatosa. The judge’s job is to do more than hear cases and decide the outcome of each individual case. The judge must also be a leader who can oversee the court staff and the thousands of cases that are processed annually. I have taken on leadership positions in every firm, employment, and education system I have been a part of. I am able to plan, develop strategies and processes, and manage execution of initiatives.  I specifically want to be Wauwatosa’s municipal court judge as there is an opportunity to improve the court’s processes to create more transparency, efficiency, and effectiveness. I lead with compassion and understanding, and provide clear direction. I pride myself on a leadership style that encourages and empowers others.
 
As an energetic advocate for Wauwatosa, I care deeply about the future of Wauwatosa and view the municipal judgeship as an opportunity to have a positive impact on our community.

Name one of the best United States or Wisconsin Supreme Court opinions in the last thirty years and explain why you feel that way. 
 
One of the best United States Supreme Court cases in the past 30 years is Lawrence v. Texas, 539 U.S. 558 (2003). This Court determined that the Texas state statute “Homosexual Conduct” law violated the Due Process Clause and was unconstitutional. The Court reaffirmed the privacy rights of gay individuals and Justice Kennedy addressed specifically that the state cannot “demean their existence or control their destiny by making their private sexual conduct a crime.” This landmark decision struck down similar laws in many other states, effectively providing more rights to LGBTQ+ individuals and a pathway to the Court’s eventual decision in Obergefell v. Hodges (2015).

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 Mayo, et al. v. Wisconsin Injured Patients and Families Compensation Fund, et al., 2018 WI 78. Ascaris Mayo was misdiagnosed at the hospital and the next day was properly diagnosed with sepsis from an untreated infection. She eventually needed amputation of all of her limbs. This medical malpractice case was tried to a jury, which awarded $15 million in economic damages to Ms. Mayo. The question then was the application of Wisconsin’s $750,000 cap on noneconomic damages in medical malpractice cases. The circuit court held that the cap was unconstitutional as it applied to Ms. Mayo. On appeal, the court of appeals determined that the cap was facially unconstitutional because there was a denial of equal protection to victims who suffered more severe injuries, such as Ms. Mayo.
 
The Wisconsin Supreme Court upheld the statutory cap of $750,000 on noneconomic damages in medical malpractice suits, reversing the court of appeals and the circuit court. The Supreme Court applied rational basis review and determined there was no constitutional violation. The Supreme Court further held that the Mayos were treated the same as everyone else by the cap, so there was no as-applied constitutional violation.
 
Statutory caps on damages, in essence, invades the purview of the jury to determine damages. The practical effect of statutory caps on medical malpractice cases is a significantly reduced number of claims being made. Due to the high expense of pursuing a medical malpractice matter, attorneys are essentially forced to only pursue claims with very high economic losses. I do not believe that people who have a high economic loss should be the only ones to be able to pursue claims. It would be beneficial to our state if the Supreme Court had followed many other courts, such as Alabama, in finding caps unconstitutional.

​Describe your judicial philosophy. 
 
Judicial philosophy is a complex topic, and it is difficult to determine in terms of a court such as the municipal court. It is my belief that judges should have deference to the rule of law, and the role of the municipal judge is to interpret and apply our state statutes and municipal ordinances.
 
A crucial part of my philosophy is to treat each person respectfully, no matter who they are or if they are represented by counsel. To treat someone with respect means to listen without bias to the information they provide. In light of the fact that many who appear in municipal court do not have counsel, it is even more important that steps are taken to ensure that the person feels they were treated fairly and heard, and that they are leaving court with their dignity intact.
 
I view enforcement as an opportunity to educate the defendant and hold them accountable. The goal of the court should be to take actions that will serve the community and protect its safety, which is not always setting a significantly high fine amount. When determining enforcement amounts and decisions regarding holding open cases, it is important to consider both the individual defendant and their individual circumstance as well as the greater impact on the community.

Describe the two most significant cases in which you were involved as either an attorney or a judicial officer.
 
As a litigator in private practice representing individuals, most of the cases I am involved in are not making headlines. But they are cases that have a significant impact on my clients and greatly impact their lives. I am most proud of cases where insurance coverage—or any coverage at all—was not clear, and where many other attorneys would likely have passed over the case. Often, this occurs due to someone’s failure to properly follow Wisconsin’s insurance requirements. I can think of two matters where I researched, investigated, and followed every trail I could to identify who was financially responsible for the injuries my clients had sustained, which were permanent and significant. In both cases, I was able to recover funds for my clients and reductions from any subrogated claims, providing significant assets to help them.
 
The other case that comes to mind is a client that I assisted through Legal Action of Wisconsin’s Eviction Defense Project. This involved a woman who recently had numerous unfortunate circumstances befall her: high medical bills, job loss, vehicle issues—everything happened at once. She had never experienced an eviction proceeding before and was truly doing the best she could given these challenges. The landlord refused to engage with her directly to resolve the matter. Through providing legal services for her, I negotiated with the landlord to keep her in the home and have her make small but manageable payments to make up the past rent. I remember Evicted author Matthew Desmond speaking to Eviction Defense Project volunteers about the cascading negative consequences of evictions—both for the individual and for the community. In that one instance, I was able to help the client remain in her home and hopefully avoid the issues that would have occurred without my assistance and the Eviction Defense Project.

Describe your legal experience as an advocate in criminal litigation, civil litigation, and administrative proceedings.   
 
My practice generally has focused on civil litigation, most recently on the plaintiff’s side and, in the past, on the insurance / defendant side. I have litigated in municipal court, various circuit courts throughout Wisconsin, the Wisconsin court of appeals, and have petitioned the Wisconsin Supreme Court. I have also practiced in the Eastern District of Wisconsin. I have served as of counsel in a number of criminal proceedings and assisted an attorney in various matters in circuit court, including in a case tried to verdict in Milwaukee County that received an unanimous, all-count not guilty verdict. As for administrative proceedings, I have not served as an advocate, but, as a law clerk in Milwaukee County, I reviewed appeals to the circuit court.
 
Notably, my civil litigation experience is directly relevant to the cases that come before the Wauwatosa municipal court—a civil court. According to statistics provided by the court, for the past five years, the vast majority of cases before the court are traffic offenses, followed by adult non-traffic offenses, juvenile non-traffic offenses, and OWI/BAC first offenses. My civil litigation background with a focus on rules of the road and insurance makes me uniquely qualified for the judgeship and provides me with important insight into the consequences when the state statutes are ignored. Given that municipal judges enforce a wide array of state statutes, it is important that they also are aware of what they do not know. I am building relationships with other municipal judges and look forward to utilizing all of the available resources when confronted with a novel issue.

Have you ever been convicted of a crime, either misdemeanor or felony? If so, explain. When did the incident(s) occur?
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No. The only citation I have received was for a speeding ticket (my one and only) in 2017.
 
Have you ever been cited for a municipal offense? If so, explain. When did the incident(s) occur? 
 
No.
 
What are the greatest obstacles judges face when trying to deliver true justice? What can or should be done about them?  
 
When I served as a clerk and intern for various trial courts, we often had individuals who were appearing without an attorney. The judge faced the difficult task of trying to provide the individual with contacts for services that can help them through the legal process, but the judge is prohibited from providing legal advice. I was greatly impressed by the resources that the judge would provide to the defendant. In municipal court, there has been a movement throughout Wisconsin to create and provide similar types of guidance to the many pro se individuals (most, in fact) who appear in court. This has not occurred in Wauwatosa, and this needs to change. I plan to develop resources and guides that provide clear information for litigants but without providing legal assistance. This will provide any person entering the court with a more-level playing field of knowledge about the municipal court system and, hopefully, feel confident in their ability to defend themselves.
 
Another obstacle that judges face is one that some may not be aware of, but may affect their decisions. We each have our own experiences throughout our lives, and we each have inherent biases that may be learned through our experiences, the media, and a vast array of sources. It is imperative that judges are aware of their own biases and any pre judgments that may occur in a case. Self-awareness is key, and it is required in order to set those aside and provide the person before you with a true opportunity for justice without prejudice or bias.
 
Provide any other information you feel would be helpful to potential voters deciding whom to vote for.
 
I would be thrilled to be the first woman elected to serve as Wauwatosa’s municipal judge since the role’s inception in the 1960s and contribute to Wauwatosa’s ongoing efforts related to diversity and inclusion in its government.

As an energetic advocate for Wauwatosa, I serve on the city’s Board of Zoning Appeals, am a poll worker, am a member of the Tosa East Towne Association and the Wauwatosa Lions Club, and serve on the Equity Committee at Lincoln Elementary School. I am a past president and board member of Sheraton Lawns Neighborhood Association.

In addition, I provide volunteer legal service and representation with Legal Action of Wisconsin’s Eviction Defense Project and was elected to the State Bar of Wisconsin’s Board of Governors and was appointed Chair of the Strategic Planning Committee. A proud University of Wisconsin-Madison graduate (Go Badgers!), I received my law degree, magna cum laude, from Tulane University.

As a working mom, I focus my spare time on my six-year-old daughter, who keeps me learning and growing every day. She inspires me to pursue my goals and better the community in which I have chosen to raise her. ​

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