Judges appointed in Rock and Jackson counties

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While most new judges about to take the bench have had months to prepare, two defense attorneys only recently found out they will be donning black robes this August.

Thomas E. Lister and Michael R. Fitzpatrick were each appointed to circuit court seats by Gov. Jim Doyle on July 22.

“It’s going to be a hectic couple of weeks,” said Fitzpatrick, who has spent 23 years at Brennan, Steil & Basting, SC, in Janesville.

Lister, a solo practitioner, was one of three applicants for the lone seat in Jackson County and was especially grateful for the appointment.

Longtime legal colleague Eric F. Stutz won election to the court in April, but died on May 2 at the age of 63.

“We knew Eric had cancer when he ran, but we thought it might be controllable and he might at least get to serve some period of time on the bench,” said Lister. “It just progressed more rapidly than we all expected.”

Lister, 60, said he and Stutz talked about running several years ago and when incumbent Judge Gerald W. Laabs decided not to run again last year, it made sense that at least one of them seek the bench.

Stutz ultimately ran unopposed in spring, but after his passing, Lister said he then consulted Stutz’s family who encouraged him to apply for the position. He will begin his one year term on Aug. 1.

Lister said he will run for a full six-year term in spring and so far has no opponent. He previously held public office as the Jackson County District Attorney from 1975-1980.

Fitzpatrick, 50, had plenty of competition for his appointment. Six other candidates, including a fellow attorney at Brennan, filed applications for the Branch 3 seat.

But Fitzpatrick does not expect the same level of competition when he runs for election next spring.

“Other than new branches, I think there have been only two contested races in the last 40 years in Rock County,” said Fitzpatrick.

Last winter, Fitzpatrick was a finalist for the Branch 5 appointment which went to Kenneth W. Forbeck. On Aug. 20, Fitzpatrick will replace Judge Michael C. Byron, who announced his resignation and subsequent retirement on Jan. 30.

Byron’s current term does not expire until 2010, but after 17 years on the bench and at the age of 66, he said he plans to work as a reserve judge.