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Milwaukee courts must deal with 3 vacancies

By: dmc-admin//November 17, 2008//

Milwaukee courts must deal with 3 vacancies

By: dmc-admin//November 17, 2008//

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The resignations of two highly respected Milwaukee Circuit Court Judges have left some area practitioners wondering if judges are sufficiently compensated.

Judges John A. Franke and Michael B. Brennan tendered their resignations to Gov. Jim Doyle Nov. 6. Both are returning to private practice at Gass Weber Mullins LLC, a Milwaukee boutique complex civil litigation firm that practices across the U.S.

Franke’s resignation will take effect Dec. 31, while Brennan’s is set for Nov. 30.

Their imminent departures will likely leave the Milwaukee County courts three judges short by the new year. Former Chief Judge Kitty K. Brennan left the court to join the Wisconsin Court of Appeals in September.

Her successor, Chief Judge Jeffrey A. Kremers, says he’ll rely largely on reserve judges until those vacancies are filled. It gets easier to find reserve judges as the weather turns warmer, and those who go south for the winter have returned to Wisconsin. In January and February, however, sometimes there are difficulties finding enough reserve judges.

Blow to the Milwaukee Bench

“It’s a tremendous loss to the people of Milwaukee County and the Milwaukee judiciary,” says Kremers. “These are two of our best and brightest. On top of that, they’re terrific calendar managers, and they treat litigants and lawyers with great respect. They’re both thought of very highly by lawyers and their colleagues. Plus, with the loss of Judge Kitty Brennan, it’s just a huge blow to the Milwaukee judiciary. They’re all the epitome of what a trial judge should be, and I will miss their advice and counsel very much.”

Robert L. Jaskulski, chair of the Litigation Section of the State Bar of Wisconsin and a shareholder with Habush, Habush & Rottier S.C. in Milwaukee, says, “These two jurists will be sorely missed, by lawyers and their clients. They are both imminently fair and highly intelligent.”

Maria S. Lazar, president of the Milwaukee Bar Association and an attorney with Galanis, Pollack, Jacobs & Johnson S.C.,, likewise says, “It’s a great loss to the Milwaukee County bench, but the bench’s loss is one law firm’s exceptional gain. I look forward to practicing side-by-side with Judges Brennan and Franke, or against them.”

Both judges cited a desire to return to litigation practice as their reason for leaving the bench.

Money Factor?

That notwithstanding, Kremers says the inevitable conclusion some will draw from their resignations is that circuit court judges in Wisconsin are not compensated as well as they should be. Circuit Court Judges earn $125,992 annually.

Kremers himself took a significant pay cut in 1992 when he joined the bench, but, like most judicial hopefuls, he said he was motivated more by a strong sense of public service.

On top of that, he knows of approximately 100 practicing government lawyers in the state who are paid by the state and earn more than circuit court judges.

“I’m not complaining. The salary [for state court judges] is not bad, and in this economy anyone who has a job should be grateful. I love my job, although it does have its frustrations. But, I am suggesting that there’s a fundamental flaw in the system, and that our priorities might be out of line, when so many lawyers who are also paid by the state are earning more than the judges they appear before.”

For his part, Thomas L. Shriner, a litigator with Foley & Lardner LLP in Milwaukee, observes that at some firms, first-year associates make more money than circuit court judges.

Judge Michael Brennan, a former colleague of Shriner’s at Foley, had applied for judgeships within the federal system in recent years, but those efforts were blocked.

“He took a pay cut [to be come a circuit court judge] out of a commitment to public service,” Shriner says. “But, he’s got young children, and he could probably only do that for so long.”

It not just salaries; it’s job conditions, adds Jaskulski.

“Every year it’s a battle for the Milwaukee Courts to get enough funding,” Jaskulski says.

“It’s really unfortunate that our judiciary is under assault, financially, by our elected officials who don’t seem to understand the importance of a well-run and adequately-funded court system. The constant cutbacks are making it harder and harder for judges to work efficiently. I’m sure that’s taken its toll.”

Echoing their sentiments, Lazar says, “These days, it’s harder and harder to find good candidates to run and stay on the bench, in both the state and federal court systems.

Being a judge brings great benefits and status, but the salaries are not lucrative, and in federal system especially, they’ve stagnated for many years now.”

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