Judge Deininger to retire

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After serving more than 10 years on the Wisconsin Court of Appeals, Judge David G. Deininger will be stepping down from the District IV bench. Deininger, who has served on the court of appeals since 1996, will retire Jan. 31, 2007.

Word of Deininger’s retirement came last week when Gov. Jim Doyle released a statement seeking applicants to fill the position.

During a telephone interview, the appellate judge said, “I just thought it was time. I’m looking forward to doing other things.”

Deininger, 59, said he plans to do some reserve judge work, as well as some mediation and arbitration. He also wants to continue with his community activities.

According to his court biography, he is a member of the Monroe Optimists Club, Monroe School Board, Monroe Theater Guild, American Legion and Veterans of Foreign Wars. He also teaches at the University of Wisconsin Law School and Blackhawk Technical College.

Prior to his time on the court of appeals, Deininger served as a Green County Circuit Court Judge for two years. He served eight years in the state Assembly, the last two as Minority Caucus Chair. He was in private practice from 1978 to 1991.

Deininger graduated with a bachelor of science degree from the U.S. Naval Academy in 1969. In 1978, he graduated from the UW Law School.

Looking back at his time on the District IV bench, he said sitting in Madison has provided an interesting blend of cases.

“I personally have enjoyed the cases that come through our court that deal with state government issues,” Deininger said.

Wisconsin Court of Appeals Chief Judge R. Thomas Cane said that Deininger was an asset to the appellate court and that he was sorry to see him retire.

“Dave is an excellent judge and we are really going to miss him,” Cane said during an interview. “He is a very thoughtful, conscientious and dedicated judge.”

Cane also praised his strong analytical skills.

“When you read his opinions, you had the confidence that he had analyzed all of the issues properly,” he said.

Veteran Judge Charles P. Dykman, who has served on the District IV bench since 1978, also praised the skills Deininger brought to the bench.

“I’ve enjoyed him very much as a colleague. He’s a deliberative guy, as you would expect,” Dykman told the Wisconsin Law Journal. “He’s always well prepared. He has an extensive knowledge of the law.

He’s willing to listen, but he certainly has his own views on things.”

Dykman noted that Deininger had the ability to listen and work with other members of an appellate panel, which was important even when the judged had reached a consensus on the correct application of the law.

“Even though you come to the same conclusion, you are going to have some differences,” he said.

Deininger, who lives in Monroe, was only the second District IV judge to come from outside Dane County. He brought the perspective of a rural, general practice attorney and judge.

Dykman said that background gave the retiring judge an understanding of rural issues such as farming, adverse possession and other “cow cases.”

State Supreme Court Justice Patience Drake Roggensack came onto the court of appeals at the same time as Deininger. They served together until 2003 when she was elected to the Supreme Court.

“It’s a great loss for the judicial system,” Roggensack said Thursday. “He is smart, hardworking, wonderful to work with — a totally dedicated guy. I know he will be very, very, very much missed.”

She recalled that he was very careful to make sure the court considered the rights of those bringing cases for appellate review.

“He was always very careful for individual rights to make sure that we didn’t miss something that might not have been very well stated, particularly by someone who was proceeding pro se.”

Both Dykman and Roggensack noted that Deininger shared a humorous side of her personality with his colleagues that does not usually come out in his public persona.

“You would not say he is a person full of jokes and blarney,” Dykman observed.

But Roggensack noted “he’s a character” with “a very dry sense of humor.”

They each recalled a practical joke Deininger played when Roggensack moved from the court of appeals to Supreme Court. District IV has a tradition of placing pictures of departing judges in its conference room.

Deininger, who was presiding judge at the time, obtained a picture of Roggensack dressed up as Egyptian Queen Nefertiti taken at a court Halloween luncheon several years earlier. He had the image blown up and attached it to the front of the official, framed picture. During her going-away party, he asked the judge-turned-justice to do the unveiling.

“It was just a riot,” Roggensack said, noting that she still has the Halloween picture.

“Everyone enjoyed that greatly,” Dykman recalled.

Come Jan. 31, it will be time to hang a picture of Deininger on that same conference room wall. Cane said he will be sad to see that day come.

“He’s one of our best jurists and I hate to see him leave,” he said.