Wales and Yang: on obstacles to justice

Scott Wales and Kashoua "Kristy" Yang are competing for the Branch 47 judicial seat now held by Milwaukee County Circuit Judge John Siefert, who is not seeking re-election. This is the only contested Milwaukee County judicial race this year. Wales and Yang agreed to answer a series of questions from WJI to better inform voters about issues in the race.

This week's question: What are the greatest obstacles judges face when trying to deliver true justice? What can or should be done about them?

Kashoua "Kristy" Yang

Scott Wales

Yang: Scholars, theologians, politicians and members of the judiciary have grappled with this question for centuries.

Plato said, “Our purpose in founding our state was not to promote the happiness of a single class, but, so far as possible, of the whole community. Our idea was that we were most likely to find justice in such a community, and so can decide the question we are trying to answer. We are therefore now trying to construct what we think is a happy community by securing the happiness not of a select minority, but of the whole.”

But does the whole ever experience true justice? To some, it’s a hangman’s noose. To others it’s the concept of no harm no foul.

Simplistically, true justice is highly individualized. It depends on who you are and what your expectations are in seeking justice. My definition of justice might be the day I get to tell my story in court, whereas, someone else’s definition of justice might be the day that person receives a judgment. I think the best a judge can hope for is true fairness to all parties based on rule of law, and even that would differ from judge to judge.

Every culture has its’ own ideas about what constitutes true justice. What might seem fair in one culture might not be in another. 
​
One logical way to try to achieve a measure of true justice is by electing thoughtful people with the breadth and depth of understanding of the law and community issues. If elected I will bring the greatest amount of morality with respect to the parties involved while respecting the law and ensuring procedural fairness to all litigants in their pursuit of justice.

Kristy Yang is the owner of Kashoua Yang, LLC, a law firm that concentrates on family law, family mediation, worker’s compensation, and social security disability. Yang was  selected as  a Super Lawyer Rising Star for the years 2013-2016.

https://www.yangforjudge.org/​
​

Wales: Judges must ensure that the poor and the working middle class are treated fairly and equally to effectively challenge or defend against those who can outspend them and work the judicial system to their advantage. Courts need to have access to pro bono attorneys as an available resource, especially since indigent litigants in civil cases are not entitled to an attorney at county or state cost. Additionally, Judges must be mindful of the high cost of litigation-related statutory fees, such as court filing fees and forfeitures, that can discourage pro se litigants (those representing themselves) from pursuing their claims. Likewise, pro se parties typically struggle to understand the complex processes that experienced lawyers routinely address.  Another concern is court and government office hours, which often conflict with witnesses’ and litigants’ work schedules. People are fearful of losing their jobs if they appear in court.  Further, Judges must recognize and address cultural obstacles.  For example, when people who are not primarily English speaking seek justice from a court, they are entitled to certified court interpreters. 

In criminal cases, Judges must achieve due process for everyone including parties, witnesses, and victims, as well as the prosecutor and defense lawyers. If there is a conviction, the Judge must impose a sentence which includes both an appropriate term of punishment and applicable remedial conditions so the offender can succeed with rehabilitation rather than re-offend.  Another factor that Judges must not lose sight of is that the poor and working middle-class face a myriad of institutional concerns that must be addressed in every case such as the consequences of mass incarceration, which actually begins at the time of arrest when neither the accused nor his family can afford to post bail.  Lastly, Judges must give strong consideration to a request by an offender for expungement if that person is statutorily eligible. A conviction on one’s record has a huge impact on people of all socioeconomic backgrounds.
​
There is no “one size fits all” solution for the many obstacles Judges encounter that will satisfy everyone.  A thoughtful jurist must follow the law on a case-by-case basis to effectively account to these many challenges.  The Judge should always adhere to the requirement of ‘due process fairness’ which focuses on compliance to the law, where empathy and equality for everyone is the goal to be achieved in every case so that there is ‘Justice for All’ rather than ‘Just Us.’

Scott Wales has almost 30 years of experience and specializes in criminal law.  He also is Fox Point Municipal judge, a post he has held for more than eight years.

http://www.walesforjudge.com/