Circuit Court Rotations and Participations in Court Related Projects
Judicial Rotations and Leadership in Court Innovation, Education, and Community Engagement
JUDICIAL ROTATIONS:
State of Wisconsin, Circuit Court Judge (8/1/15 to 7/31/22)
Waukesha Cnty. Cir. Court Judge (Juv./Mental Commitments 8/1/20 to 7/31/22)
Presiding Judge, Juvenile Division (8/1/20 to 7/31/22)
Waukesha County Juvenile Courthouse
521 Riverview Avenue, Waukesha, WI 53188
I rotated into and became Presiding Judge of Waukesha County’s Juvenile Division at the start of August 2020, during the midst of the COVID-19 pandemic. I presided over mental commitments (“ME”) (held every Tuesday afternoon). My juvenile docket consisted of cases involving children in need of protection (child abuse or other neglect cases), cases where parental rights were sought to be terminated (“TPR”), and cases involving children or juveniles who were delinquent, truant or uncontrollable (including standard offenses seen in adult court ranging from sexual assault, battery, disorderly conduct, and weapon offenses). I also handled all children/juvenile guardianship cases and adoptions (the best cases on the docket). Due to the nature of the cases, it is difficult to get a sense of the case load, but the number of cases fluctuates from about 1,000 to 1,500 cases. The numbers are also further skewed by the fact that each child removed is a separate action (and in some cases, there are 2, 3 and I even have one with 8 children).
The calendar never slowed down under COVID, as there were very short statutory time frames that had to be met. Since August 2020, I’ve shortened time frames from start to disposition (when a matter is resolved by court order), and have closed termination of parental rights cases at an increased clip. Calendar maintenance is highly important in this area where children’s and juveniles’ lives and safety are at issue. This is a highly intense Division and has a high level of trauma-based cases at its heart. Not only is the Juvenile aspect challenging and sometimes devastating, but the mental commitment calendar is filled with individuals who cannot handle daily life, who have found creative and horrible ways to commit self-harm, but who have legitimate concerns over the side effects of the necessary medication. I’ve overseen several trials (in both the TPR and ME cases), had to determine if child sex offenders are required to register on the sex offender registry, whether juveniles should be waived to adult court, whether a juvenile was “uncontrollable” (a term not defined in the statute), heard motions for sanctions for habitually truant or dangerous children, and overseen multiple contested mental commitment and re-commitment hearings.
In conversations with the Department of Health and Human Services (which oversees the social workers who investigate the cases), I have confirmed that I have decreased the time children and juveniles are lacking permanence, i.e., shortened the time from the filing of a TPR case to the termination of such rights leading to guardianship or adoption. From the start, I’ve permitted in-person adoptions to make those days more special for the children and their new forever families. I’ve also implemented the practice of utilizing the Jockey Company’s Adoption Backpack program that provides free monogrammed backpacks for each adopted child (filled with books and toys). Also, because of my training and expertise, I’ve continued to assist other judges (most in the Criminal Division) by handling trials for them or by presiding over the Drug or OWI Treatment Courts.
In order to more fully understand and better preside in this Division, I undertook significant training beforehand (all virtual) and sought appointment on committees with the National Council of Juvenile and Family Court Judges (“NCJFCJ”) (both on the Curriculum and the Military Committee). I have assisted in planning the national Juvenile Justice Conference and the pending Annual NCJFCJ Conference. And, as part of the Military Committee, I assisted in the creation of a series of national podcasts and webinars –enabling me to both learn and help other judges.
Branch 7, Waukesha County Court
Criminal/Traffic Division (8/1/17 to 7/31/20)
Presiding Judge, Criminal/Traffic Division (8/1/19 to 7/31/20)
Drug Treatment Court Judge (1/2/18 to 1/2/20)
Courtroom 360, Waukesha County Courthouse
I presided as one of five Criminal/Traffic judges. My docket consisted of all criminal cases, ranging from operating without a driver’s license and speeding to first-degree intentional homicide. I have presided over approximately thirty or more jury trials (ranging from Operating While Under the Influence to Battery, Strangulation/Suffocation, to Use of Computer to Facilitate a Child Sex Crime to Child Sexual Assault to Attempted First Degree Intentional Homicide with Armed Robbery charges). I presided over a two-week sexual assault jury trial, as well as the motions leading up to a First Degree Homicide jury trial, including multiple other acts motions and challenges to confessions, evidence, warrants, and other pre-trial Motions. I have presided over dozens of motions to suppress on Fourth and Fifth Constitutional grounds and numerous restitution hearings. I have written decisions on motions to suppress, motions to compel a deferred prosecution agreement, motions for post-conviction relief, and motions to modify sentences.
When I rotated into the Division, my caseload was approximately 640 cases (214 felonies, 234 misdemeanors, 146 criminal traffic, 43 traffic, and two forfeitures). Shortly before I left (pre-COVID), it stood at approximately 610 cases (190 felonies, 247 misdemeanors, 105 criminal traffic, 67 traffic, and one forfeiture). During my time in this Division, the caseload fluctuated between 640 and about 575 cases. In this rotation, you were on the bench for most of the day, every day of the week. I estimate that I heard 3-4 motions a week, other than the standard bail modification motions. I had almost 20 or more cases on the docket where the mental capacity of the defendant is at issue, and had three cases with sexually violent individuals who were seeking to be placed into the community. During my jury trials, I had to resolve evidentiary and constitutionally based motions and even resolved two potential mistrials. In addition to my written decisions, I issued lengthy and substantive oral rulings in many cases (many involving motions to suppress). I was appealed in approximately 15-20 cases; I have been upheld in all the decisions that have come down to date.
In addition to my role as a Criminal/Traffic Judge, I was also the presiding Drug Treatment Court Judge. When I started in the position, we had space for approximately 45-50 participants; that grew to 60. We would meet once a week for staffing right before the court proceedings. Our staffings were on Wednesdays, starting between noon and 12:15 or 12:30 p.m., and would run until court started at 2:00 p.m. Our court proceedings ran from 2:00 p.m. till 4:30 or 5:00 p.m., or longer if there were discharge motions, orders to show cause or there are many sanctions. I presided over at least 35 discharge motions and handled sanctions (that ranged from no incentive to custody in jail) for hundreds of violations. Our DTC court has been the subject of two reviews by our grant-providing agencies, and we have passed with flying colors. I received emails about participants every day, at all hours of the day, and had to respond to those quickly. I have previously written (at Question No. 20) as to how this Court has changed my views, understanding, and life. It has made me a better person, a better judge, and a better member of society. It has made me more compassionate and more steadfast in the war against opioids. Words cannot express what DTC has meant to me, how profoundly it has impacted me, and how it has forever and indelibly altered my life. Even as a former DTC Judge, I still get all the emails, attend graduations (calendar permitting), and fill in and preside when requested.
Finally, I sought appointment as Presiding Judge in Criminal/Traffic and was appointed with the understanding that I would have to rotate out of DTC Judge at the start of the new year. Sadly, I agreed to do that (although it was clearly time, as DTC rotations are not to last more than three years for fear the DTC Judges will burn out from the high level of crisis in that court). I oversaw the four other judges in this Division (as well as our four court commissioners). I determined that my tenure would be one in which I would continue to educate the judges (I am keeping current in reviewing recent decisions by the Wisconsin State Supreme Court, the Wisconsin Court of Appeals, as well as the United States Supreme Court). I provided updates and analysis on those recent cases to my colleagues. One of my key practices was to see that all judges in the Division were able to handle their responsibilities and caseloads. Some of the judges were not as experienced and/or were sometimes not able to process their cases efficiently. One of my standard practices was to gently encourage the judges through friendly lunches (bi-weekly if possible), continual support (by in-person visits and emails), and by just being available as a sounding board. I was able to help some judges streamline their practices to avoid excess hours of work and to assist in how to process sentencing to display compassion mixed with justice while still emphasizing the standards of protecting the community, rehabilitating the defendant, and taking into account the seriousness of the offenses. I have also written to individuals I have sentenced to prison (and jail) to offer support and encouragement.
I also undertook coordination to ensure that access to individuals in our jail was appropriate as our County undergoes a construction project (that impacts the jail and criminal courtrooms). I also oversaw the Wisconsin State Supreme Court-mandated increase in attorneys’ fees for Public Defenders, guardian ad litems, and State v. Dean court-appointed attorneys in criminal matters. I am grateful that my Chief Judge had faith in me and my abilities, and my hard work allowed me to fill this position.
COMMITTEES/BOARDS:
Judicial Education Committee
In September 2018, the Wisconsin State Supreme Court recognized the need to ensure that members of the judiciary remained current with laws and legal decisions and determined it was important to address how that education was created and disseminated. As a result, the Judicial Education Committee was established. I was honored to be selected as one of its initial members. We met by phone several times a year and held two full-day meetings annually in April and October. The Committee served as an effective vehicle to keep judicial education topical, engaging, and responsive to trends in the law. I believed strongly that education was essential for all professions, including the judiciary, and I valued the opportunity to contribute through this Committee.
Judicial Conference Executive Committee
In 2017, two years after becoming a judge, I applied, was nominated, and was selected to serve on the Judicial Conference Executive Committee. Each year, the Judicial Conference brought together all judges in the State of Wisconsin. The Conference included statements from the Chief Justice and Director of State Courts on the state of the courts, as well as updates on the Bench Books and other topics. The Executive Committee shaped the theme of the Conference, generated topic ideas, and secured speakers. In my first year, Chief Justice Roggensack proposed the theme of Judicial Excellence based on a report by the National Center on State Courts. We adopted that theme, and I volunteered to serve as Co-Chair of the Conference. The resulting program featured thought-provoking presentations, panels, and speakers focused on practical skills, legal developments, and professional growth.
Drug Treatment Court
In 2017, alongside my rotation to the Criminal/Traffic Division, I was asked to train to become the new Drug Treatment Court (“DTC”) Judge for the County, effective January 2, 2018. During my tenure, I learned motivational interviewing and completed courses on drug types and use. Serving as DTC Judge changed my perceptions, my views on society, and my life. The position was both difficult and meaningful. I saw high-risk, high-need participants succeed and fail. I experienced the impact of relapses and overdoses and celebrated hard-earned successes. I was heartbroken by each loss of life. The experience shaped me for the better, and I remained grateful for the opportunity to help change lives. During COVID, even after my service ended, I was dismayed by how isolation impacted addicts and by the alarming rise in overdose deaths.
Presiding Judge – Juvenile Division and Mental Commitments
On August 1, 2020, I rotated to the Juvenile Division and served as Presiding Judge. I also presided over commitment and recommitment hearings for Mental Commitment matters. I assumed this role during the COVID-19 pandemic and managed a calendar with Zoom protocols while ensuring that children at risk were protected and that juveniles and their families received timely resolutions. In the Mental Commitment division, I implemented Zoom appearances to improve hearings and reduce the need to transport individuals from institutions and group homes. The Division addressed urgent issues involving emergency guardianships, sex trafficking of minors, juvenile offenses, and infants in dangerous situations. Although often challenging and traumatic, the work allowed the Court to protect vulnerable individuals and ensure appropriate treatment and care.
Presiding Judge – Criminal/Traffic Division
On August 1, 2019, I was appointed Presiding Judge for the Criminal/Traffic Division in Waukesha, which included five judges. My initial responsibilities included addressing long-overdue increases in attorney fees for Public Defenders, guardian ad litems, and court-appointed attorneys under State v. Dean. Leading peers—many of whom were accustomed to leadership roles themselves—required diplomacy, research, and principle-based guidance. During the COVID-19 pandemic, I created court calendars to safely return judges and staff to the courthouse during Safer At Home requirements. I resolved issues related to jury trials, speedy trial rights, and prompt dispositions. I managed the Division and coordinated with support services and other agencies while maintaining calm and order. I worked extensively to keep the courts open and protect the rights of the accused while safeguarding staff and the public.
Evidence Based Decision Making Committees
In collaboration with the Criminal Justice Collaborating Council (CJCC), Waukesha County had several Evidence Based Decision Making Committees. After assuming the role of DTC Judge, I served on the Alternate Interventions Committee, which addressed alternatives to traditional criminal justice processes, including Drug Treatment Court, Operating While Under the Influence Treatment Court, and the pilot Diversion Contract program. As I transitioned out of DTC, I was assigned to the Case Processing Committee to discuss more efficient processing of criminal cases. I also served on the Mental Health Committee, where we explored use of a federal grant to support individuals in jail with mental health conditions, and the Victim’s Rights Committee, where we addressed implementation of Marsy’s Law and its constitutional implications. Before COVID, I participated in prison visits, including a visit to Winnebago State Mental Health Institute, to better understand treatment approaches for individuals with mental health needs. I occasionally attended Security Committee meetings as well.
Victim Impact Panel and Committee
During my time in the Criminal/Traffic Division, I periodically served as duty judge for one-month intervals. One of the responsibilities of the duty judge was to oversee the Victim Impact Panel, where certain Operating While Intoxicated offenders were required to hear from victims about the devastating effects of impaired driving. Participation in these panels was deeply impactful. As Presiding Judge of the Criminal/Traffic Division, I also served on the committee responsible for planning and improving the panels. During COVID, even after leaving the Division, I continued to assist with virtual panel meetings.
Special Investigator – Office of Lawyer Regulation
I served as a Special Investigator for the Office of Lawyer Regulation. These positions were created so that attorneys associated with OLR would not be investigated by its staff. I independently investigated matters and made determinations, helping to maintain public trust in the legal profession.
President – Milwaukee Bar Association
I served as President of the Milwaukee Bar Association shortly before an anniversary year, which provided an opportunity to meet former Supreme Court Justice Sandra Day O’Connor and introduce my children to her. I led the Bar in its celebrations and supported its philanthropic initiatives. During my tenure, we began work on the Milwaukee Justice Center, which now serves community members unable to afford legal representation.
Governor – State Bar Board of Governors
I served two terms as a Governor on the State Bar Board of Governors and assisted the Bar during the construction of its new facility in Madison. It was a privilege to support the organization during that time.
Director – Eastern District of Wisconsin Bar Association
I participated in the development of the Eastern District of Wisconsin Bar Association at its inception. I helped establish leadership roles and contributed to launching the newsletter, including writing articles highlighting District Court Judges such as Judge Rudolph Randa and Judge Charles Clevert.
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