Stepping down, but not aside

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Who has the best job in the courtroom?

The answer to that question nearly 40 years ago helped convince Neal P. Nettesheim — at the time a young attorney — that he needed to make a career change.

“I knew the answer was the judge,” said Nettesheim, who retired last week after 33 years on the bench, spending the last 24 in the District II Court of Appeals.

His wife posed the query to Nettesheim in the 1960s and he quickly decided to pursue a judicial career.

In fact, Nettesheim, 66, began on the bench at a time when most legal professionals of his generation were still satisfied with being attorneys. In 1975, he ran and won a seat on the Waukesha County Circuit Court during a time when judgeships were viewed as career-capping positions, not careers.

“When I first ran as a judge (at 33), it was almost unheard of for someone that young to run,” said Nettesheim. “Most judges were on the dark side of 50.”

Though he does not consider himself a trendsetter, Nettesheim acknowledges the landscape of the state judiciary has changed during his tenure to include a number of lawyers seeking spots on the bench at younger ages.

“I think it’s a good trend because in this era of judicial rotation, a judge can experience a variety of roles in the system,” said Nettesheim.

Those roles were forever altered by the reorganization of the courts in 1978, a change Nettesheim calls the biggest and best to the Wisconsin judicial system.

A county judge at the time, Nettesheim applauded the abolition of the old structure and the institution of the current classification.

“It made the Supreme Court the final law-declaring body, and although we do some of that, the (court of appeals) is principally viewed as an error-correcting court,” said Nettesheim.

That label does not bother Nettesheim, who described his career with the appellate court as a “labor of love.”

He also defended the timing of his departure. Rather than remain on until a successor is chosen in the spring election, Nettesheim chose to leave at the end of the year.

“People asked me why I didn’t just serve out my term and I appreciate the concern of leaving so close to an election, but the end of year just seemed like a logical time to go,” said Nettesheim.

On Dec. 4, Gov. Jim Doyle appointed attorney Lisa S. Neubauer to succeed Nettesheim.

She is campaigning to hold onto the seat in April election against attorney William C. Gleisner.

“I met her before the appointment was announced and we talked for some two hours about the court, top to bottom,” said Nettesheim. “I was pleased that the governor had selected her and I think she will hit the ground running.”

Nettesheim has no plans to slow down; rather he has extensive plans in semi-retirement.

He was recently approached by the district court administrator about working as a reserve judge and may also do some appellate consulting with civil defense attorneys.

“I’ll still keep my finger on the pulse and I don’t plan on closing the curtain and walking away just yet,” said Nettesheim.

One thing he did want to avoid was the distinction of becoming the longest tenured judge in the state. He had moved up the list after Court of Appeals Chief Judge Thomas Cane opted for retirement in July after 35 years on the bench.

“After Tom resigned earlier this year that got me thinking that maybe it was time to go as well,” said Nettesheim.