To build, or not to build

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Waukesha County Executive Daniel P. Vrakas recently released a five-year capital projects plan, including a $250,000 allocation in 2012 to study whether the county should renovate its current courthouse or construct a new one.

According to preliminary fiscal estimates, construction of a new 190,000-square-foot facility would cost approximately $55 million, while renovation of the existing structure would cost about $22 million.

Even though the initial projections for a new courthouse are double that of updating the current building, District 3 Chief Judge J. Mac Davis said potential changes in the drunken driving laws could alter any preliminary estimates.

“We’re definitely not in a crisis and we’re handling the cases that come to the courts,” said Davis. “But if the laws change, we’ll see an immediate need for more space and staff.”

Looming OWI Changes

A group of state legislators, law enforcement officials and members of the Department of Transportation recently met to discuss a comprehensive update of Wisconsin’s OWI laws.

According to State Rep. Peggy Krusick, D-Milwaukee, the group is working to draft a proposal that would criminalize first-time OWI offenses and upgrade third and fourth offenses from misdemeanors to a felonies.

Krusick said one of the motivating factors in developing new legislation was the April death of Waukesha resident Jennifer Bukosky. Mark Benson, a three-time OWI offender, faces six felony charges for the accident, which killed Bukosky, her 10-year-old daughter and her unborn child.

While there is no timetable for submitting any legislation, Krusick said unlike past efforts to revise drunken driving laws, there is increased support from both state Democrats and Republicans to develop comprehensive changes.

Both Davis and Waukesha County District Attorney Brad D. Schimel said the potential changes to the law could dramatically affect the future space and resources needed within the courthouse.

“Those changes would drive a very quick need,” said Schimel, who suggested that making third and fourth offenses a felony would add 400 new preliminary hearings year to the Waukesha Circuit Court calendar.

According to 2006 DOT statistics, more than 1,600 Waukesha County residents were ticketed for first offense OWI, while almost 350 were convicted of third and fourth offenses, combined.

First time offenses, which currently result in a fine, are typically handled at the municipal court level. But elevating the offense to a criminal act would advance cases to the circuit courts, and require more prosecutors and public defenders, said Schimel.

Davis added that additional judges or court commissioners would also likely be needed.

Currently, the courthouse has enough space to accommodate all 12 judges and staff, but any additions would require more space.

“Basically, we’d be working out of broom closets,” said Schimel.

Krusick said she expects a report from the Legislative Fiscal Bureau within the next month on the projected county costs associated with incarceration, defense and prosecution of first time criminal OWI offenses.

Internal Needs

While any law changes are months, maybe even years away, the 50-year-old courthouse is in need of more immediate structural updates.

Vrakas’ plan defers $1.3 million for the replacement of an air-handler unit used to regulate temperature in the building, along with $300,000 for asbestos removal from the third-floor ceiling.

Additional items on the wish list include a new sprinkler system, energy-efficient windows and plumbing updates.

Davis said he would favor a new courthouse, but only if the study reveals the cost of updating the old building is comparable to building a brand new facility.

“Either way, we are talking millions of dollars,” said Davis. “But if it comes back that a new building will cost $100 million, then we probably wouldn’t do it.”

Davis said the other judges in Waukesha are of the similar mindset, that nobody knows what the best course of action will be, until a comparative cost analysis is done.

One anticipated update is a $2 million prisoner transfer corridor, which will connect several courtrooms directly with the jail. The project, which is before the County Board, would eliminate the need for inmates to be transported to court through public hallways.

Sheriff Daniel J. Trawicki expects the project will get the green light, but he also said there could be complications that arise out of the secure corridor. Since not all courtrooms will be connected to the hallway, some cases may need to be delayed until a secure court can be obtained, said Trawicki.

“This is a good idea, but it doesn’t make sense to spend a couple of million dollars and still move prisoners down public hallways once and awhile,” said Trawicki. “There will be situations when caseloads dictate that we may have to postpone a hearing until we can get a secure court available.”