Keeping pace

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It appears that the federal district court in Madison is not ready to relinquish its reputation as one of the quickest systems in the nation.

Known for its “rocket docket,” the Western District Court is coping with the prolonged absence of Judge John C. Shabaz and the recent resignation of Clerk of Court Teresa M. Owens.

Magistrate Judge Stephen L. Crocker said the court is adequately dealing with the losses for now, but there is uncertainty as to when and how the district will get back to full strength.

“It’s like juggling chainsaws,” said Crocker of the situation. “As long as you keep them in the air, you are fine.”

New Faces

Crocker has absorbed some pre-trial responsibilities along with a heavier civil caseload, but lost his “safety valve” when Owens resigned on July 7 to take a position as executive assistant to state Supreme Court Chief Justice Shirley S. Abrahamson.

In addition to her clerk duties, Owens served as a part-time magistrate judge. Shabaz has been on leave since February, recovering from shoulder surgery.

As the only other district court judge, Chief Judge Barbara B. Crabb has carried much of the criminal load. Until Shabaz returns, she is also the only judge who can preside over felony criminal trials.

Now, the number of trials calendared for the end of the year could pose a problem if they are not pleaded out or settled.

“Our biggest concern was trial time,” said Crocker. “How many trials can we put on one judge’s calendar?”

On average, Crocker said Shabaz and Crabb each scheduled three criminal trials per week, but that amount has doubled for the chief judge.

So far, attorneys have not needed to make any major adjustments, said Todd G. Smith, of Godfrey & Kahn, S.C., in Madison.

But as Crabb’s calendar fills up, the chance that a visiting judge will take on a trial is becoming more likely, Crocker said.

“The biggest impact is on cases that aren’t immediately assigned to Crabb, because there is some uncertainty as to who will take them,” said Smith, who serves on the board of governors for the Western District Bar Association of Wisconsin.

Smith said while he has not personally encountered any problems to this point, when he prepares a client for federal court he likes to predict what may happen and knowing a judge’s demeanor is a big help.

Judge Philip G. Reinhard from the Northern District Court of Illinois is set to visit Madison to help mediate civil case settlements and, according to Crocker, is also willing to preside over civil trials if needed.

Indiana District Court Judge James T. Moody has also offered his judicial aid. Both Moody and Reinhard are senior judges.

“If a case gets assigned, you want to do the leg work and due diligence on that judge and give good advice to your clients,” said Smith.

Out and About

Crocker said Shabaz has yet to indicate when he will return to the bench.

“I saw [Shabaz] at the Western District Bar Association meeting in June, but he did not give me an indication of when he was coming back or what the hang up was,” said Crocker.

Initially, Crocker expected Shabaz to return in April, but once his absence extended into summer, modifications to the court’s agenda needed to be made.

Shabaz could not be reached for comment.

Last fall, Shabaz announced his intention to assume senior status once a replacement is appointed by President Bush and confirmed by the U.S. Senate.

Owens, who had been clerk for 5 years, did not comment on her reason for leaving other than to say it was a “professional decision to join the state Supreme Court.”

A secretary in Crabb’s office said the clerk’s position will be posted in the coming weeks.

Until a permanent replacement for Owens is found, Chief Deputy Clerk Joel Turner is handling the clerk’s duties.