Open Dane County seat draws 3

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Assistant U.S. Attorney Stephen E. Ehlke and private attorneys Julie Genovese and Charles Schutze are competing for the Branch 13 position currently held by Judge Michael N. Nowakowski. The 24-year veteran of the Dane County Circuit Court will retire at the end of July.

While the candidates admit that replacing someone of Nowakowski’s stature will be difficult, they also say the job itself will pose an immediate challenge. The start of the six-year term on Aug. 1 will coincide with the rotation to criminal cases in Branch 13.

District Court Administrator Gail Richardson said that whoever wins the election will go through the usual orientation process and be assigned a mentoring judge, but there is not any unique training to prepare a new judge for criminal court.

Criminal Background

Given the branch’s upcoming criminal docket, Schutze says experience in the criminal arena will be an asset for the next judge.

The Sun Prairie attorney, who briefly ran for state Supreme Court last year, said he has the most recent and consistent experience with criminal cases, compared to his opponents. Among his practice areas, he lists criminal defense, tax law and family law.

He also noted his ongoing pro bono work representing victims of domestic abuse.

“Julie does mostly civil work and Steve, for the last half of his career, has basically done civil litigation,” Schutze said.

But Ehlke, 47, said his background in criminal law is solid. He spent his first four years in the U.S. Attorney’s Office prosecuting white collar crimes and still handles some criminal cases. From 1988-91, Ehlke prosecuted domestic violence cases while an assistant district attorney in Dane County and he spent five years on the board of Domestic Abuse Intervention Services in Madison.

He also spent time in private practice doing civil work with Cullen, Weston, Pines & Bach and then at Bell, Gierhart & Moore.

“Of the 21 years I’ve spent as a lawyer, half have been as a prosecutor in both state and federal court,” Ehlke said. “I think I know those [criminal] cases better than the other people in the race.”

Genovese, 47, said the bulk of her criminal case experience came while she clerked for Chief Justice Shirley S. Abrahamson in 1987-88, but she noted that criminal cases are not the only ones that a judge will hear during his or her six-year term.

After spending 11 years doing mainly civil litigation at Foley & Lardner in Madison, Genovese currently does mostly mediations. She also spent three years working as a special investigator for the Office of Lawyer Regulation.

“Smart trial lawyers make good judges,” Genovese said. “My broad legal experience as a trial lawyer, mediator and investigator, together with my understanding of the challenges facing our community, makes me well-equipped to handle all the cases that come before me.”

Campaign Experience

Schutze, 58, hopes that the fifth time is the charm for him in judicial races. Medical issues forced him to withdraw from the state Supreme Court race last year, but he says he is fully recovered from rotator cuff surgery and a third sinus surgery last February.

“Between the two, I was out for about six weeks which would have left little or no time to campaign,” Schutze said. “Fortunately, I am well this year and ready.”

He also ran unsuccessfully for a seat on the appellate court in 2001 and twice for municipal judge.

“Maybe I just pick the worst times to run, but this year, it’s an open seat,” Schutze said.

It is the first time since 2003 that there has been an open seat in Dane County.

Ehlke has never run for judge before, but said the time was right to “make a serious run.”

He added that his decision to run had nothing to do with the possible turnover in the U.S. Attorney’s Western District office.

According to his office, U.S. Attorney Erik C. Peterson has yet to announce whether he will step down, which is often customary after a new president takes office.

“I love the people I work with and am just trying to run a positive campaign,” Ehlke said.

Genovese also has never run for judge, but said she is refusing special interest money donations.

“This will be a low turnout election and the campaign is focused on reaching out to people all across Dane County with information about the important role that trial judges play since they are on the front-lines of cases that affect the lives of our citizens.”

The primary will be held on Feb. 17 with two candidates advancing to the general election on April 7.