Brennan files application for open appellate court seat

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Milwaukee County Circuit Court Chief Judge Kitty K. Brennan loves her job.

But she is also ready to leave it.

Brennan, 58, said she is seeking appointment to the open seat on the District I Court of Appeals. Judge Ted E. Wedemeyer, Jr., unexpectedly passed away on July 23 after a five-month battle with lung cancer.

“I’m not running from the job I have, but this is a unique and surprising opportunity,” said Brennan, who like many, did not know Wedemeyer was ill until after his death.
Brennan said she initially planned to pursue the seat next spring, after hearing that Wedemeyer, who was 75, did not plan to run for another term. She declined to comment on whether she would still run for the seat next spring, even if she does not get the appointment.

“I’ll only say that I would not have run against him [Wedemeyer],” said Brennan, who had not heard of any other applicants for the seat.

Gov. Jim Doyle’s office began accepting applications on July 29, but Appointments Director Libby Gerds said she could not comment on the number of applicants until after the Aug. 13 deadline.

“I know the governor is looking to fill the position as soon as possible, because it’s difficult for the court to be without a judge, but we don’t have a specific date in mind,” said Gerds.

Initially, spokesperson Carla Vigue did not know when and if Gov. Doyle would fill the vacancy prior to the end of Wedemeyer’s term in 2009.

“Whoever gets the appointment will have to run right away,” said Brennan. “I’ve run a contested race before; that’s how I got this job, but I’ll wait and see how the appointment process plays out.”

A lifelong resident of Milwaukee County, Brennan won election to the circuit court bench in 1994 and was named the county’s first female Chief Judge in 2005. Her current term runs until 2012.

Clerk of Court John Barrett said if Brennan were to win the appointment, it would be a tremendous loss to the county, especially given that circuit court judge Timothy G. Dugan is awaiting U.S. Senate approval for a seat in the Eastern District Court.

“To lose Brennan and Dugan would be a substantial hit to justice at the circuit court level,” said Barrett.

Since her appointment as Chief Judge, Brennan has annually lobbied against cuts in county court operations, but said if and when she leaves, the system will survive.
Barrett said, in the past, the state Supreme Court traditionally appointed one of the deputy chief judges, who are currently Mel Flanagan and Jeffrey A. Kremers.

“It’s gotten better and it’s tough sometimes, but there is always more to do here,” said Brennan. “If this doesn’t work out, I’m certainly going to be happy here [in the circuit court].”