Five seek open circuit court seat in Marathon County

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There is nothing like an open seat to bring out a diverse group of judicial candidates.
In a year which will have 18 contested judicial races, the one generating the most interest from candidates is in Marathon County.

Two private practice attorneys, two court commissioners and one district attorney are vying for the vacant Branch 1 position, previously held by Judge Dorothy L. Bain, who on Aug. 28 stepped down because of health concerns.

Her term was scheduled to end in 2010, but Gov. Jim Doyle never appointed a successor, so whoever is elected this spring will serve a full six-year term.

Voters will have a variety of experience levels, practice areas and judicial philosophies to choose from on Feb. 17.

“It’s kind of funny, but it makes perfect sense because anyone with a desire to be judge would run now because we’re all on equal ground,” said candidate Peter C. Rotter. “If we take on an incumbent and don’t win, every attorney in town still has to deal with that person.”

The race is between attorneys Rotter and Alan E. Grischke, court commissioners Sandra J. Marcus and Douglas Bauman, and District Attorney Jill N. Falstad.

Private Practice

Rotter, 48, is one of two area private attorneys running. The solo practitioner in Wausau said his decade of criminal trial experience is a needed perspective on the bench.

He noted that the majority of the four judges in the county do not have recent, or any, experience as criminal defense lawyers — a perspective Rotter said is vital for a judge.

Judge Vincent K. Howard has been on the bench since 1982 and Chief Judge Gregory E. Grau since 1995. Judge Gregory B. Huber joined the court in 2004 after more than a decade in the State Legislature. Judge Patrick M. Brady joined the court in 1999.

“I had become frustrated with some of what I had seen on the bench,” Rotter said of his decision to run. “There is not a lot of recent background in private practice, especially criminal defense, and I think I can bring that.”

Fellow candidate Grischke is boasting his overall experience of 37 years as an attorney.

Grischke, 63, started his own practice in Weston in 1982 and primarily handles medical malpractice, product liability and personal injury cases. The Wisconsin Rapids native previously served as general counsel for the Illinois Department of Mental Health.

“Nobody comes close to me in terms of trial experience,” Grischke said. “I think the best thing you can do to prepare to be a judge is be a trial lawyer first.”

Like Rotter, Grischke said the appeal of not having to run against an incumbent was a motivating factor, despite the competition.

“It’s an open field and I’ve never run for anything before, but I don’t ever like to lose,” Grischke said.

Natural Progression

Falstad, the Marathon County District Attorney, is not accustomed to defeat either, especially when running for public office. She was elected to the position in 1994 and has been re-elected eight times.

As the only candidate with campaign experience, Falstad, 49, hopes her record and familiarity in the community will resonate with voters.

“I think I’ve earned a reputation amongst voters for being hardworking and ethical,” Falstad said. “In a way, the public has already judged my work performance in the past.”

She also said after more than 24 years of prosecutorial experience, becoming a judge is a logical career step.

Marathon County Court Commissioner Sandra J. Marcus, 54, who currently holds a quasi-judicial role, said that makes her the best candidate. The Milwaukee native has spent the last six years as court commissioner.

“It would be a natural extension of the duties I’m already doing,” said Marcus, who handles pre- and post-judgment proceedings, stipulated divorces and small claims trials.

“I have a great deal of experience in a decision-making role, which is different than an advocacy role,” Marcus added.

Also challenging for the vacancy is Bauman, a part-time court commissioner who could not be reached for comment.