Job appeals to former trial judge

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Judge Kitty K. Brennan has spent her entire legal career working out of one building — the Milwaukee County Courthouse. But after 31 years of professional residency, first as an assistant district attorney, then as a private practitioner and now as a chief judge of the Circuit Court, she is headed for a new home. Today, Brennan will begin her appointment to the District I Court of Appeals, located in an office building on Wisconsin Avenue. While she is anxious to start the next chapter in her legal career, Brennan admits she will miss the challenges and camaraderie that came with more than three decades of trial court experience. She took some time out last month to sit down with Wisconsin Law Journal’s Jack Zemlicka to discuss her move from the trial to the appellate bench.

Wisconsin Law Journal: After 14 years as a judge in the Milwaukee Circuit Court, why did you decide to leave in the middle of your second term as chief judge?

Judge Kitty K. Brennan: The timing of it was a sad fluke, but I knew I would love to do appellate work. Plus, it’s the natural progression of a legal career. In my early life I was an English major and an English teacher, so [reading and writing] were things I dearly loved. I wasn’t sure I wanted that as a steady diet though until I sat on the civil bench where I did so much of it.

WLJ: How surprised were you that you were the only candidate to apply for the vacancy in the District I Court of Appeals?

Brennan: Pleased is the word. I’ve worked in this profession for 31 years, so I hope what that signifies is an acknowledgement on the part of the legal community that I was the best fit for that job.

WLJ: People have said you will bring a different perspective to the appellate court than Judge Ted Wedemeyer. What do you think that means?

Brennan: I don’t know. Wedemeyer had a legal background not unlike my own. He was a trial court judge and he was in private practice originally. I don’t know that my personality is all that different from Ted’s, but I’m a woman and a mother and those things are certainly different. We also come from different generations, so maybe that is what they meant.

WLJ: The District 1 chief judge position is the only one that is purely administrative. How much have you missed being on the bench?

Brennan: Horribly. That was a factor in looking at this opportunity. Anyone who knows me knows I’ve complained about it regularly as chief judge. I really miss it because it’s the coolest job. You get to listen to everyone in the courtroom and you get to ultimately decide and it’s a completely different role than being an advocate for one side or the other.

WLJ: How hard do you expect the transition will be from your interactive role in the circuit court, to the relatively solitary duties of an appellate court judge?

Brennan: I’ve had a lot of exposure to people, especially as chief. A little less exposure will be good. But you are right to anticipate that the transition will be tough. It’s a time in my career where fewer people is more palatable than, say, 10 years ago.

WLJ: How are you preparing for joining the appellate court on Sept. 8?

Brennan: This week I’m still in full gear in this job. I am being sent 21 cases by the Court of Appeals to read for my start in a week. So it’s quite busy and I expect the transition period will continue. Certainly when I’m over there on Sept. 8, I’m still going to get calls from here and make calls here. I’ll be doubling up for a while and that will be tough.

WLJ: What advice do you have for whomever becomes the new chief heading into the budget season?

Brennan: The advice I would give is take it slow and be patient with yourself. Listen and don’t quickly react. There is some time before the court’s reaction period to the county executive’s budget proposal. That’s part of the reason for this timing. I wanted to get out of here fast enough so that the new person handles the budget from beginning to end and it isn’t chopped up with two different chiefs and two different approaches.

WLJ: You managed to restore 15 staff positions last year. How challenging will it be for the next chief to just assume that responsibility to fight for the courts?

Brennan: I am certain the next chief judge will be just as strong an advocate for the courts as I was. That challenge is there every year. Every chief has a different approach and a different personality. My successor isn’t going to be me. I wasn’t Mike Sullivan or Mike Skwierawski or Pat Sheedy. But I believe in the wisdom of the Supreme Court. They are going to pick a good fighter.

WLJ: You have already said you will run for election next spring. What kind of challenges are you anticipating?

Brennan: I hope from the fact that nobody else applied for the position that the legal community is convinced that I’m a good fit. So from that, I hope I don’t get an opponent, but I’ll put my name on the ballot regardless. I take nothing for granted and I’m a veteran of a contested race in 1994. I know how to run one and will again if I have to.

WLJ: Deputy Chief Judge Mel Flanagan lamented that fact that she may be losing her running partner. How often do you run?

Brennan: Whenever I can. It’s just my outlet that keeps me sane. I’ve been running for about 35 years and my body is still holding up, thank goodness. Whenever Judge Flanagan and I can get away at noon we run down to the lakefront. I hope to continue that the same way, as much as we both can.

WLJ: You recently did a triathlon? What was that experience like?

Brennan: For three years I’ve done the Chicagoland Danskin Triathlon [held in Kenosha County]. It’s very cool. It’s a 12-mile bike ride, a half-mile swim and a 5K run. It’s a fundraiser for breast cancer and an all-woman event. It draws people from elite athletes to absolute novices. It’s inspirational and scary and challenging all at the same time. I am in athletics what I am in real life — I’m not the fastest, but I’m steady.

WLJ: If you had not been an attorney, what career path might you have chosen?

Brennan: I probably would have stayed in teaching and maybe someday I’ll return to it. If I do, it will be kids like high schoolers. I’m really drawn to sassy adolescents. I considered being an English professor. I was on the cusp of that or law. But the times were exciting. It was 1974 and there weren’t many women at all in the legal profession and I love a challenge.

WLJ: You mentioned possibly returning to your teaching roots. Assuming you get elected next spring, do you see the appellate court as your last stop in the legal profession?

Brennan: Hey, I never say never. My husband, Joe [Murphy], a
nd I were just talking the other day about joining the Peace Corp, which we’re not going to do, but there are all kinds of possibilities. More seriously, this isn’t a stepping stone deal and this is probably it for me.