A tale of two counties

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Attorneys who are not familiar with practicing in Shawano and Menominee counties need to keep a few things in mind when it comes to filing cases and determining jurisdiction.

There are some landmines that can cause trouble for the unwary attorney in the northern Wisconsin counties that share a common courthouse in Shawano where all cases are heard. The courthouse is not the only resource the counties use together; they also share two judges, four court commissioners and a district attorney.

However, it’s what they don’t share that can trip up unsuspecting attorneys. Each county has its own clerk of court and a separate location for filing cases. Susan Krueger is the Shawano clerk of court, based at the courthouse in Shawano. Pamela Frechett is the Menominee clerk of court based in Keshena.

Local attorneys do not have a problem with it, but attorneys unaware of how the system works sometimes focus on the fact that even though a case has come out of Menominee County, the court appearance is in Shawano, so they send papers to the Shawano Courthouse rather than directing them to Frechett in Keshena.

“The attorneys will send paperwork that says Shawano-Menominee, but they don’t indicate which [county] it is,” Krueger explained. “So you are getting ready to enter some information and you realize this isn’t the right county. For an attorney who isn’t familiar with working around this area, it could be confusing for them.”

Judges Thomas Grover and James Habeck also warn attorneys about a significant jurisdictional issue that can arise. Given that the Menominee Reservation fills Menominee County, the majority of issues that arise need to be handled either in tribal or federal court. Unlike the Stockbridge-Munsee Reservation in Shawano County, which shares some jurisdiction with the state courts, the Menominee Reservation is not subject to the federal law providing for state jurisdiction.

Grover offered the following example: “Many times you may have a collection matter that you think you can just put into Menominee County Circuit Court, but it really belongs in the tribal court because it involves a person who is a Native American who lives on the reservation and the cause of action arose on the reservation.”

With the Stockbridge-Munsee Reservation, things are a little different because the state court maintains concurrent jurisdiction with them in civil matters.

“There are exceptions, but basically it’s a matter of whoever files first,” Grover explained.

That jurisdiction comes from Public Law 280, which was designed to transfer some legal authority from federal courts to state courts. Due to the Menominee treaty, that group is not subject to PL 280.

“If attorneys from outside the area had an opportunity to go to an Indian Law seminar, it would be helpful to understand that,” suggested Grover, who has served on the Shawano-Menominee bench for 32 years.

When it comes to his courtroom, Grover said he does not stand on a lot of protocol, but he does appreciate timeliness, preparation and respect for the court.

One local rule that both judges uphold is a requirement for personal appearances in small claims cases, particularly at the initial appearance. Failure to appear in person can result in default judgment.

“I know that causes a lot of difficulty for out-of-town attorneys, but the defendants always wonder why they had to appear if the plaintiff didn’t have to appear, so we expect personal appearances by the client, counsel or substitute local counsel,” Grover explained.

“We have attorneys in other parts of the state and they just make arrangements with some local attorney to appear,” said Habeck, who just started his second term on the bench. “We want someone here in those cases.”

Grover said once an initial appearance takes place, there is some room for flexibility regarding personal appearances; however, the judges still prefer to have someone present. At that point, he occasionally has been willing to allow attorneys to appear by phone.

Habeck, who spent 19 years as a family court commissioner before taking the bench six years ago, said he does allow some appearances by telephone, but not on initial appearances.

The two judges work on a three-month rotation — January-March, April-June, July-September and October-December. The cases that begin with each judge during those rotations remain with them until completion. The only exception to the rule comes from child support cases. Regardless of where the case originated, those matters are resolved by whichever judge is handling child support matters on a given Monday.

Krueger also warns attorneys about sending motions directly to either one of the judges rather than sending them to the clerk of courts. Potentially, those documents will sit on a judge’s desk and when an attorney calls to find out the status of an order, the clerk of courts will not even be aware it has arrived because it was never docketed.

“We would prefer that all filings come through the clerk’s office and we will disseminate the information to the appropriate judges,” she said.

Finally, Grover noted that attorneys should not expect to find a lot of technology support in the courtroom. The courthouse does not have a lot of technical devices and attorneys should bring anything special that they wish to utilize. He did observe that the courtroom has videoconferencing capabilities that can be used with prisoners or for situations involving mental confinement.