Franke prepares to leave the bench

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From time to time, Milwaukee County Judge John A. Franke has had to fight the urge to jump down from the bench and start examining witnesses himself.

He’ll finally get that chance, come Jan. 1, 2009, when his 21-year career as a judge ends, and the next phase begins.

Franke announced Nov. 6 that he’ll be stepping down from the bench to join the Milwaukee law firm Gass Weber Mullins LLC. Franke says it is a coincidence that one of his Milwaukee County Circuit Court colleagues, Judge Michael B. Brennan, is also leaving the bench to join the same firm. Only a few weeks ago, did the two learn that they would likely be leaving the court to join the same firm. Franke starts Jan. 1, while Brennan starts Dec. 1.

Franke’s primary motivation for seeking the change was simply a desire to return to the role of advocate rather than decision-maker, he tells Wisconsin Law Journal. He’s been entertaining the notion for many years now over the past two decades. In 2000, for example, he applied for the job of U.S. attorney for the Eastern District of Wisconsin, but wasn’t tapped for the position.

“I’ve always been intrigued by the fascinating and challenging world of litigation, and when I reached the 20-year mark as a judge, I decided that now was the time to go back to it, or I’d never do it,” he says.

He did wait until his service in the Civil Division was over to pursue his options, because he knew he wanted to join a civil litigation firm and did not want to have to recuse himself from any cases.

“There are many great things about being a judge, but there are some negatives, too,” he says. “In some ways, it’s a very solitary job. You cannot work with or confer with others; you just have to listen and decide things for yourself. So, I’m looking forward to the opportunity to be able to walk down the hall and to be able to talk to somebody else about a case.”

As for the firm he chose, he says it was partly the high quality of the lawyers that attracted him, but mostly the type of work they do – complex civil litigation – that he has always wanted to do. The size of the firm, 14 lawyers, is attractive to him as well, coupled with the opportunities it will give him to have a great deal of direct client contact. He says he’s greatly anticipating returning to his role of “counselor at law,” to help those clients through the uncertainties of litigation.

Franke, a 1976 graduate of the University of Wisconsin Law School, began his legal career as an assistant U.S. attorney in the Western District of Wisconsin. From 1982 until 1987, and before being elected to the bench, he was the attorney-in-charge of the Milwaukee Field Office of the Organized Crime Section of the U.S. Department of Justice.

As for his decision to stay through the end of the year, Franke says that was not a politically motivated decision, with regard to how the vacancy will be filled. Rather, he simply decided he’d need that time to pack up, leave his calendar in good shape, and prepare himself “mentally and physically” for the change. In addition, the new office is undergoing renovations, and this gives his new colleagues enough time to prepare space for him.

Brennan could not be reached for comment.