Double Jeopardy

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Among the eight contested circuit court elections in Wisconsin, the race for the Florence-Forest County Circuit Court seat is unprecedented.

For the first time in state history, according to the three candidates, the incumbent judge of a two-county court is being challenged by the district attorneys from each county.

Florence County District Attorney Douglas J. Drexler and Forest County District Attorney Leon D. Stenz are challenging Judge Robert A. Kennedy, Jr., who was elected in 2002.

“It does create some interesting things because both of the DA’s deal with the judge on a regular basis,” said Drexler, 49, who has been the district attorney in Florence County since 1992.

DAs Unhappy with Court Operations

Regular exposure to the way the court operates was also one of the factors, which prompted both district attorneys to run. Drexler and Stenz cited a need for change in the rural counties because of inconsistencies associated with Kennedy which in turn, have bogged down the branch.

“To be totally honest, I think most of the legal community is looking for a change, but doesn’t want to come out and endorse a candidate, because it’s such a small group,” said Drexler. “It’s a little awkward when you are all dealing with the same attorneys.”

As of Dec. 11, 2007, the State Bar of Wisconsin reported 11 members of the bar in Forest County and three in Florence County, the smallest county membership in the state.

Because of the relative scarcity of attorneys in the two counties, the need for an organized and effective judge is imperative. Both Stenz and Drexler said Kennedy has a history of indecision in contested cases and plea bargains and is “regularly” substituted for on cases.

“When going to court, attorneys have a pretty good idea of what a judge is likely to do, but that’s not the case here,” said Stenz, 54, who became the Forest County District Attorney in 1999. “Currently, there is so much inconsistency with decisions and rulings, you don’t know what is going to happen or when.”

Doing His Best

As the only circuit court judge for the two counties, Kennedy admitted that the system is facing increasing demands and he does his best to meet them.

“We manage with what we have and I’ll keep doing what I’m doing,” said Kennedy, who succeeded his father, Robert J. Kennedy, Sr.

But starting in 2002, the number of times Kennedy has been substituted on cases in both Florence and Forest counties has increased.

Figures provided by Susan Byrnes, District Court Administrator for the 9th Judicial District show a rise in substitutions in Florence County from 6 in 2002 to 22 in 2007 and a jump in Forest County from 18 in 2002 to 49 last year.

Drexler said the rising rate of substitutions has created a logistical nightmare because replacement judges typically come from Eagle River and Rhinelander, approximately 50 miles away from the courthouse in Crandon.

Because the district attorney position is only part-time in Florence County, Drexler also maintains a private practice. He admitted to having Kennedy replaced on occasion in cases which he has defended.

“If you do a substitution, then you know there is going to be a delay because the judge comes in and has a full docket in his county, so your case isn’t a priority,” said Drexler.

“If you take a chance on Kennedy, you might be able to get in front of him sooner, but you don’t know if you are going to get a decision.”

Kennedy maintained that substitutions are a two-way street and that he does his fair share for surrounding counties.

“It works the other way too, and I’ve gone to Langlade, Vilas and Oneida counties to fill-in,” said Kennedy.

Outside Observations

Frustration with Kennedy is not universal among attorneys who have appeared before him. Gary S. Cirilli, President of the Oneida-Vilas-Forest County Bar Association has argued primarily criminal cases in front of Kennedy and has not encountered any problems as a defense attorney.

“My impression is that he’s a very intelligent man who wants to do things right and keep the docket moving,” said Cirilli of Cirilli Law Offices SC, in Rhinelander.

But Stenz, who ran against Kennedy in 2001, said the fact that both district attorneys in the judge’s jurisdiction are running for his seat should speak volumes about the quality of service the counties have received during the last six years.

“I think it’s a recognition that something has failed,” said Stenz. “This time it’s more than just running for open seat. There’s now a need to return respect and integrity to the circuit court which has been lacking the last six years.”

Kennedy, who is 52 and equated his age to that of one Mayan life cycle, is facing his first bid for re-election. He was unfazed by the competition and said the three-way race is “good for democracy.”

The primary election will take place on Feb. 19 and eliminate one of the candidates. The general election will follow on April 1.