Milwaukee Municipal Court set to record every hearing following contempt finding earlier this month

By Alexandria Staubach

Monday, Milwaukee Municipal Court filed an affidavit affirming MMC will record all hearings moving forward. The move follows Milwaukee Circuit Court Judge David L. Borowski’s contempt finding earlier this month.

In his contempt finding, Borowski threatened to sanction MMC $1,000 per day if it failed to implement a policy for recording all hearings by Aug. 25.

The affidavit, signed by MMC’s Chief Court Administrator Tea Norfolk, says Norfolk “personally conducted training with all municipal court clerks wherein they were instructed to record every hearing before the City of Milwaukee Municipal Court regardless of type of hearing and with no exceptions.”

The affidavit “complies with and upholds the law,” Norfolk told WJI in an email.

“Many other municipal courts in Wisconsin already voluntarily record all hearings,” attorney Susan Lund told WJI.

Lund, who represents the petitioner in the lawsuit underlying Borowski’s contempt finding also told WJI that “recording all hearings is best practice for ensuring there is an appropriate record for appeal.”

Nearly nine months ago, Borowski ordered MMC to develop a policy for recording certain hearings, especially those in which a defendant’s indigency is in question. Despite the December 2024 order, between May 5 and May 19 MMC failed to record more than half of 54 hearings where indigency was relevant, which has tangible consequences for Lund’s clients.

“In Milwaukee Municipal Court, missing a due date often results in the judge automatically imposing a driver’s license suspension or warrant,” Lund told WJI.

Lund wants municipal court defendants to know that municipal court judges must give defendants options to prevent or resolve warrants and driver’s license suspensions when an inability to pay is caused by poverty.

If a municipal court defendant requests that a presiding judge reopen their case and grant an affordable payment plan or community service in lieu of payment because that defendant is unable to pay due to poverty, it creates an appealable decision, according to Lund.

A record of that determination is essential to any appeal.

“We hope this development means that Milwaukee Municipal Court defendants will find it easier to appeal determinations about ability to pay and decisions on motions to reopen going forward,” said Lund.

The new policy takes effect just as MMC is set to sunset its Municipal Court Alternatives Program.

“Next week, for the first time in over 40 years, there will be no formal programming provided by Milwaukee Municipal Court to help defendants resolve warrants caused by poverty, mental health conditions, homelessness, and substance use,” said Lund, who also cautioned, “It's more important than ever that defendants know their rights.”

WJI reached out to Milwaukee City Attorney Evan Goyke, whose office represented MMC throughout litigation, as well as the five alderpersons on the Common Council’s Judiciary & Legislation Committee for comment. None responded prior to this post.