Brown County judges keep to old-school approach

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More than $10 million in renovation work wrapped up at the historic Brown County Courthouse in 1992, but nearly 20 years later, the judges who work there aren’t done showing off the results.

Judge William Atkinson said he almost always requires civil lawyers appear in person for scheduling conferences, instead of allowing more convenient telephone appearances, in part so they can appreciate the courthouse’s third-floor courtroom.

He enjoys showing off the ornate stenciling on the ceiling, copper-lined windows and chamber doors, and a century-old oak bench, Atkinson said.

“A lot of out-of-town attorneys don’t like me,” he said. “But I think it really does impress upon the litigants how important the law is, compared to some of the courtrooms I’ve been in that look like any common meeting room in any building in America.”

Appleton attorney Nicole Weir of Hupy and Abraham SC said she appreciates the history and beauty of the restored courtroom, but she still prefers a brief phone call to a 40-minute drive to coordinate dates for a case.

Typically, Weir said, 30 attorneys will appear at once to vie for court dates during a scheduling conference in Atkinson’s court — a practice they call the “cattle call.”

“It’s kind of a race to get certain dates,” she said. “Working with defense counsel to each get what we want is a bit like musical chairs.”

There are more significant and convenient opportunities, she said, for busy lawyers to revel in the court’s grandeur.
“We have to appear in person for motion hearings and jury trials,” said Weir, a personal injury attorney, “so we can see the courtroom in that capacity as well.”

Atkinson said there is a practical method behind his sometimes maddening practice, however.

Acoustically, he said, telephone conferences simply don’t work in the spacious third-floor courtroom. The large space comfortably fits a 12-person jury box, 14 pews in the gallery, two counsel tables that seat four each and a media room that was added during the renovation.

“The courtroom is kind of a reporter’s nightmare,” Atkinson said. “They didn’t have any concept of acoustics when the court started being built in 1907, so it’s difficult for me to have telephone appearances.”

Most telephone appearance requests are denied, he said, because “sounds tend to run into one long string of noise.”

During renovation work from 1988 to 1992, the county installed two speakers disguised as hanging lamps to minimize echo in the space, but outside of microphones on the counsel tables, modern amenities are scarce in the large space.

Brown County judges in smaller courtrooms prefer in-person conferences, as well. Branch 1 Judge Don Zuidmulder said he typically requires lawyers make the trip, unless the matter at hand is an uncontested motion.

“Part of it is, if you telephone conference, especially if there is any kind of argument, it’s not helpful,” he said. “So I like to have people appear in person. Basically, I want a setting where I know someone wants to listen.”

The somewhat old-fashioned practice of requiring in-person appearances suits the historical courthouse, said Green Bay attorney Tom Olejniczak.

His office at Liebmann, Conway, Olejniczak & Jerry SC is two blocks south of the courthouse. Olejniczak said there is value in lawyers attending court proceedings in person.

For attorneys making their first trip to the site, he said, the cattle call nature of scheduling conferences in Atkinson’s court can help minimize the intimidation factor of the grand building.

“For attorneys to come up and essentially get a feel for the courthouse and feel the venue,” he said, “that’s a pretty good deal.”

The interior of the courthouse is designed to become increasingly imposing as people ascend the three flights of stairs to get to the Branch 8 court, Atkinson said. Four murals featuring silver and gold leafing on the rotunda ceiling are only completely visible from the top floor, and large windows in Atkinson’s court give spectators a view over a third-floor railing.

“Yeah, it’s intimidating,” Atkinson said. “But there are some attorneys who like doing personal injury cases here because they think they will get more significant awards because of the atmosphere.”

Weir said she’s wondered if the grand setting leads to landing bigger damages from juries, particularly in the large third-floor courtroom.

“The room does have that effect,” she said. “But I think for jurors, they maybe feel like they are on ‘Law & Order’ and hopefully take it seriously.”

Those grand moments don’t necessarily offset the need to appear for lesser hearings, though, she said.

“It can be an inconvenience,” Weir said. “But we are at the whim of the court, and we have to abide by the rules.”

With four years left on his current term, Atkinson said, he will continue his practice of requiring in-person scheduling conferences.

“I find this room inspiring, I really do,” he said. “When you are a young kid aspiring to be an attorney, this is what you think it is like.

“You believe it has this grandeur of importance, and this courtroom shouts that at you.”