Wisconsin judicial news

From Judgepedia

News about or affecting the judiciary in Wisconsin.

Congdon and Gundrum running for Waukesha County judgeship

Wisconsin: There are two candidates for the Waukesha County Circuit Court (Branch 2) judgeship. Incumbent Richard Congdon was appointed to this court in February of 2009 to fill a vacancy. His challenger is Mark Gundrum, a state legislator and attorney.^[1]

Conley's nomination confirmed by Senate

Wisconsin: William Conley's nomination to the United States District Court for the Western District of Wisconsin was unanimously confirmed by the U.S. Senate on March 4, 2010. Conley was nominated in October of 2009. He will replace Judge Barbara Crabb, who has assumed senior status.^[1]

Jelinski and Jorgensen to compete for Winnebago County judgeship

Oshkosh, Wisconsin: John Jorgensen and Edmund J. Jelinski received the most votes in the primary election and will compete on April 6, 2010 for a position on the Winnebago County court. Jorgensen finished in first.^[1]

Blanchard wins primary election

Wisconsin: Dane County District Attorney Brian Blanchard came out on top in the Wisconsin primary election for the Wisconsin Court of Appeals, District 4. In the general election, he will face Richland County Circuit Court Judge Edward Leineweber, who came in second.^[1]

Study says women under-represented in nine state court systems

A study released by the National Institute on Money in State Politics in January 2010 concluded that "women and members of ethnic or racial minorities are underrepresented in a majority of state courts across the nation."^[1]

The study took a look at the electoral fates of state-level candidates for judicial positions in 35 states, with a very focused look in 9 states (Alabama, Georgia, Illinois, New Mexico, North Carolina, Ohio, Pennsylvania, Washington and Wisconsin) with a view to discovering whether their odds of winning office correlated with their:

• Ability to raise money
• Ethnicity, race or gender.^[1]

Of the 154 candidates scrutinized in the study:

• 12% of the 154 state candidates were members of an ethnic or racial minority.
• 35% of the 154 candidates were women.^[1]

Three candidates for Court of Appeals judgeship entered in primary

Wisconsin: Three candidates for a Wisconsin Court of Appeals judgeship will be on the primary election ballot in February of 2010. Candidates include: Dane County district attorney Brian Blanchard; La Crosse County Circuit Court judge Ramona A. Gonzalez; and Richland County Circuit Court judge Edward E. Leineweber.^[1]

Four finalists recommended for Wisconsin's vacancy on the Seventh Circuit

Madison, Wisconsin: Wisconsin U.S. Senators Russ Feingold and Herb Kohl sent four finalists to the President for Wisconsin's vacant spot on the Seventh Circuit Court of Appeals.

The four finalists to replace Terence Evans who went on senior status are current Eastern District of Wisconsin federal judge Lynn Adelman, Wisconsin Law Professor Victoria Nourse, Milwaukee County Circuit Judge Richard John Sankovitz, and Madison Attorney Dean Strang.

It is up to President Obama to nominate one of the four candidates before any further action can be taken in the Senate Judiciary Committee. The four finalists came from a list of six candidates recommended by the Wisconsin Federal Judicial Nominating Commission. ^[1]

President renominates two judicial candidates

Washington, D.C.: President Obama renominated Louis B. Butler, Jr. and Edward Milton Chen to the United States District Court for the Western District of Wisconsin and the United States District Court for the Northern District of California, respectively. The Senate refused to confirm the nominations at the end of the 2009 legislative session in December, so the President tried again on January 20, 2010.^[1][2]

Governor appoints judge to Waukesha County circuit court

Wisconsin: Democratic Governor Jim Doyle has appointed attorney and longtime Waukesha School Board member William Domina to the Waukesha County Circuit Court. His term will begin in February of 2010 and end on July 31, 2011. Domina must stand for election in April of 2011 if he wishes to retain the seat. ^[1]

Wisconsin lawmaker appointed to Court of Appeals

Madison, WI-Wisconsin Governor Jim Doyle has appointed State Representative Gary Sherman to a seat on the Wisconsin Court of Appeals for the 4th District. Sherman will replace Burnie Bridge who will retire from the Court of Appeals in January of 2010. ^[1]

In announcing Sherman's appointment, Governor Doyle stated: "I am pleased to appoint Gary Sherman to the District IV Court of Appeals. Gary is a great legal mind who will bring his broad experience to the bench. I am confident he will be an excellent judge.” When reacting to the announcement, Sherman said: "I have been involved in many divergent aspects of the profession for more than 36 years and all of that experience has helped prepare me for this new challenge. I am grateful to Governor Doyle, and all of the many people who supported me, for this opportunity. I will never forget that the business of courts is trying to solve the real problems of real people.”^[1]

Sherman is currently the State Representative for Wisconsin's 74th District based in Northwest Wisconsin. Before being a State Representative Sherman was a practicing Attorney licensed in Wisconsin first practicing in 1974 and still practicing to this date^[1].

There will be a special election planned to determine Sherman's successor to his assembly seat^[1]

Recommendations made for upcoming vacancy on the 7th Circuit

Wisconsin: A vacancy on the United States Court of Appeals for the Seventh Circuit is coming in 2010, when Judge Terence Evans will take senior status. The Wisconsin Federal Judicial Nominating Commission has recommended Eastern District of Wisconsin judge Lynn Adelman, Milwaukee County Circuit judge Richard John Sankovitz, attorneys Dean Strang and Linda Clifford, and University of Wisconsin law professors Anuj Desai and Victoria Nourse to President Obama for nomination. ^[1]

David Hamilton has been nominated to fill the current vacancy on the Seventh Circuit, and a Republican filibuster attempt to block his nomination was ended on November 17th. ^[2]

Wisconsin's justices can hear cases involving campaign donors

MADISON, Wisconsin: On October 28, the Wisconsin Supreme Court by a 4-3 vote adopted rules that allow judges to hear cases that involve donors to their campaigns.^[1]

The Wisconsin court took a look at its recusal rules in the wake of a June decision by the Supreme Court of the United States that said elected judges must step aside from cases that involve large campaign donors.

Applicants for Wisconsin Court of Appeals announced

Wisconsin: 11 candidates have applied for the upcoming vacancy on the Wisconsin Court of Appeals, Fourth District. Current judge Burnie Bridge has announced that she will leave the court in January of 2010. Her term does not expire until 2014, so whomever is appointed will not have to run for re-election until then. Governor Doyle will make the appointment. ^[1]

Among the 11 applicants is Democratic Dane County District Attorney Brian Blanchard. This is the first judicial appointment that Blanchard has sought, and he has indicated that if he does not receive it, he will also apply for the open seat coming up in mid-2010 with the retirement of Charles Dykman. "If I don't prevail in that, I'm happy to continue being district attorney," Blanchard said. ^[2]

Other applicants for judge Bridge's seat are: Wisconsin Circuit Courts judges Andrew Bissonnette of Dodge County and Edward Leineweber of Richland County; state Representative Gary Sherman (D), of Port Wing; attorneys Eric Barber, Katherine Stadler, JoAnne Kloppenburg, Mark Neuser, Eileen Hirsch, Jennifer Nashold, and Charles Facktor. ^[2]

Louis Butler nominated to federal court, angering state Rep

Wisconsin: Former Wisconsin Supreme Court justice Louis Butler has been nominated by President Obama to fill a vacancy on the United States District Court for the Western District of Wisconsin. ^[1] Butler was recommended to the President by Wisconsin Senators Feingold and Kohl, after he was referred to them by the Wisconsin Federal Judicial Nominating Commission. ^[2]

Representative Jim Sensenbrenner (R-Wis) has panned the nomination, noting that Butler is the first Wisconsin Supreme Court justice to have been voted off of the court in 41 years. "Mr. Butler lost a statewide election, held by the people of Wisconsin, to continue serving on Wisconsin's Supreme Court. Now, the man who was voted off the bench in Wisconsin is being given a promotion, a lifetime appointment and a pay raise." Sensenbrenner also took issue with the way that the Commission handled the recommendation process, saying that "Senator Kohl and Senator Feingold sent this nomination to the White House with no input from individuals on the other side of the aisle". ^[3]

Sens. Feingold and Kohl are standing by their recommendation, saying Butler has "the qualifications, experience and intellect that will serve him well" as a federal judge. ^[4]

Recommendations made for the Western District of Wisconsin

Wisconsin: Senators Russ Feingold and Herb Kohl have recommended two attorneys and a former state Supreme Court justice to President Obama for seats on the United States District Court for the Western District of Wisconsin.

Madison attorneys William Conley and David Jones, and former Wisconsin Supreme Court Justice Louis Butler were recommended by the Senators for the seat opening when Barbara Crabb assumes senior status later this year.

Both Butler and Conley were previously recommended for another vacancy on the District Court for the Western District of Wisconsin. ^[1]

Wisconsin law diploma privilege

Wisconsin: Federal judge Richard Posner has revived a class-action lawsuit to reauthorized a case to be heard regarding the diploma-privilege clause given to graduates of Wisconsin Law and Marquette Law. Judge Posner's decision to reauthorize the case has raised questions about the practice of Wisconsin's two law schools to admit new graduates to the bar without taking a bar exam. The current law states that graduates of accredited law schools in states other than Wisconsin who would like to practice law in Wisconsin have to either pass the Wisconsin bar exam or have practiced law for five years in another state.

The plaintiffs, who are graduates of Oklahoma City Law, argued Wisconsin's policy violates the commerce clause of the Constitution by discriminating against graduates of out-of-state law schools. The plaintiffs also said that Wisconsin should extend the diploma privilege to graduates of other law schools. Their suit named the Wisconsin Board of Bar Examiners and the Wisconsin Supreme Court as defendants.

The case was first filed in 2007 in the Western District of Wisconsin. Senior judge John C. Shabaz dismissed the case. Judge Shabaz said that diploma privilege does not discriminate because everyone who did not graduate from a Wisconsin law school has to take the bar. Judge Shabaz in his ruling mentioned state residents and non-residents alike. ^[1]

Proposal to change how judicial elections are run

The Wisconsin Commission Appointed Judicial Method Proposal is a proposed future action in the judicial branch of Wisconsin in which would change how supreme court, court of appeals and circuit court judges are elected.

Wisconsin Justice Calls for Reform

Wisconsin Supreme Court Justice Patience Roggensack addressed the Governing Board of Common Cause Wisconsin saying she's in support of revamping Wisconsin judicial races. While Roggensack does not support an unelected judiciary, she is concerned with the amount of special- interest influence in today's judicial races. In that vein, she called for publicly financed judicial campaigns. See here for Common Cause's Press Release. (9/19/2008)

Judge asks cops to write fewer tickets

Municipal Judge Joseph L. Cook, unhappy with an unfilled vacancy in his court, said that he will ask police to write fewer tickets, despite big crowds expected in Waukesha in connection with Harley Fest. “I’ll have to cut down on my trial level and ask the Police Department to cut down on the number of tickets,” he said.

Outagamie judge McGinnis delinquent on property taxes

Judge Mark McGinnis, an Outagamie County judge, owes $24,000 in delinquent property taxes and interest on an office building he owns and leases to the state Department of Administration. Probation and parole agents with the Department of Corrections use the space and that agency pays the lease.

Former Supreme Court justice to head liquor panel

Milwaukee Common Council President Willie Hines says he will appoint former state Supreme Court Justice Louis Butler to chair a panel on alcohol licensing. Hines announced in June that he would appoint a task force to study how liquor licenses are granted in Milwaukee and recommend reforms. The creation of this panel follows former Alderman Michael McGee's conviction for shaking down business owners in his district and threatening them with the loss of their liquor licenses.

Major tax decision coming from Wis. Supreme Court

(7/9/08) A ruling that could blow a $265 million hole in the Wisconsin budget is coming Friday from the state Supreme Court. At issue is whether the Wisconsin Department of Revenue correctly determines what computer software is subject to the sales tax. State law waives sales and use taxes on software that has been customized.

2008

• The New Politics of Judicial Elections in the Great Lakes States, 2000-2008
• Wisconsin SC upholds $500k injury award (4/11/2008)
• Gableman's victory shifts court to right (4/02/2008)
• Improper role for state Bar (1/18/2008)
• Appointed Supreme Court a Terrible Idea (1/15/2008)
• Justice Butler Gets One Foe: Supreme Court Ideology will Hinge on Contest (1/03/2008)
• Elect or appoint? We're with the chief (5/14/2008) Retired Supreme Court Justice Sandra Day O'Connor, the former Arizona state legislator who was appointed to the nation's highest court because of her personal and political connections to former Chief Justice William Rehnquist and other key Republicans, came to Wisconsin last week and suggested that the state should stop electing judges.

References