Budget dominates discussion

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“We’ve limped along with what we have and I know that there is terrific competition for limited dollars in the budget.” Hon. Kitty K. Brennan Chief Judge, Milwaukee County Circuit Court

Facing grim realities, Milwaukee County Circuit Court Chief Judge Kitty K. Brennan tried to put a positive spin on court operations at the 3rd Annual State of the Courts luncheon on Oct. 31.

Initially dealt potentially crippling cuts to court funding, Brennan detailed her efforts to maintain a functional system and believed the courts would not face a deficit in the coming year.

“We’ve limped along with what we have and I know that there is terrific competition for limited dollars in the budget,” said Brennan. “Certainly, I am mindful of the burden on taxpayers and have tried to be a good partner to the County Board.”

Brennan’s relationship with the county Finance Committee appears solid as she was able to lobby for restoration of $1.1 million of a $2.3 million proposed cut of the courts. She also convinced the committee to raise the number of bailiffs from the proposed 70 to 81.

Citing revelations from the recent audit of court and sheriff’s department operations, Brennan stated the necessity for an increase in bailiffs due to security and safety concerns. According to audit recommendations, 114 bailiffs were deemed essential for optimum standards.

“I know the County Board is aware of the situation that puts jurors, judges, staff and the general public at risk,” said Brennan. “I appreciate the way they have worked with me and I know the difficult decisions they face.”

Brennan encouraged attorneys in the audience to contact board members before the entire County Board took up the budget issues Monday. Wisconsin Law Journal went to press before the results of the county meeting were available.

Brennan jokingly dispelled notions that all she thought about was the budget and updated attendees on several court-related initiatives including more coordination between family and children’s court operations, developing alternatives to incarceration and meeting monthly with county and court officials to problem solve.

Family and Children’s Court

Presiding judges from each of the Milwaukee County Courts prepare to speak about their separate divisions during the Milwaukee Bar Association’s State of the Courts luncheon on Oct. 31. (Pictured from left to right are judges Michael J. Dwyer (Probate), Timothy G. Dugan (Felony), Maxine A. White (Family), David A. Hansher (Civil), Thomas P. Donegan (Children’s) and Kevin E. Martens (Misdemeanor). Wisconsin Law Journal Photo/Jack Zemlicka

While some unification of the family and children’s courts could occur, individually their responsibilities have increased.

Judge Maxine A. White discussed the importance of lawyer assistance in pro se assistance in family court cases, especially divorce, which represents 34 percent of annual filings. Overall, White estimated the family court handles 10,000 filings and 80 percent are done pro se.

“It’s a substantial challenge for everyone involved,” said White presides over the five judges in the Family Court Division.

While the division already sustains a pro se clinic for attorneys to volunteer assistance, White encouraged more area and non-area lawyers to consider the option.

“We could certainly use the help and in turn, the process aids attorney access to the court,” said White. “Because pro se litigants often have incomplete materials or undirected arguments, the court calendar may not open up for attorney-handled cases.”

In the Children’s Division, Judge Thomas P. Donegan has seen a decrease in overall filings, but a dramatic increase in the seriousness of cases.

“The reality is numbers are down which you wouldn’t necessarily know from reading the papers, but the other side is that cases are much more severe,” said Donegan. “Addictions to
violent behavior, drugs and guns are becoming increasingly evident.”

Donegan described a “climate of violence” which has evolved and become prevalent in the children’s court setting.

Solutions are scarce at the moment according to Donegan, but he has been working with Mayor Tom Barrett and other community leaders to curtail violent behavior at a young age.

The possibility of increased public health nurses to go to homes where there is a potential for child abuse is an option. According to Donegan, Columbia St. Mary’s Hospital has applied for grant money for additional public health nurses.

“I know we’re trying to discuss the big picture, but for every one thing we try, there are 20 more we should,” said Donegan.

Traffic and Misdemeanor Court

Severe criminal activity is not as prevalent for Judge Kevin E. Martens who presides over the Traffic and Misdemeanor Division, but he will face the challenge of expanded digital recorder implementation in January 2007.

Already prevalent in several misdemeanor and traffic branches within the county, permanent expansion will occur next year due to a decreased number of live reporters.

“During a six-week cycle, the county will provide a part-time reporter to relieve a judge’s official reporter during jury trials, but the pool of county reporters is shrinking,” noted Martens. “The digital recorders will, and have filled in for live recorders.”

The transition, which is expected to gradually infiltrate into other divisions, has raised some concerns for Martens though he has largely adapted to the changes.

His primary concern is schedule flexibility. Martens explained that during a six-week cycle, the six misdemeanor courts will be linked together to coordinate calendars that will include a live reporter only every other week.

“It used to be judges could set their own timetables, but now schedules will be more locked in,” said Martens. “It is something attorneys need to be aware of because jury trials will be handled during those weeks when a live reporter is available.”

Martens also added that because of the sensitivity and finality of the digital recorders, lawyers have to be mindful of their conversation.

“From what I understand the microphones pick up sound very well and where as a reporter may disregard remarks made at the clerk’s desk, the recorder may catch it and once it’s on a disk, it is in the record,” said Martens. “Some of my colleagues expressed concern that some remarks could be construed as settlement discussion.”