Wellman fiercely defends constitutional cases

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Assistant Attorney General Sally Wellman likes to curl up with a good murder mystery most nights, and wonders whether health care professionals equally enjoy hospital dramas.

After 34 years of handling criminal appeals, Wellman has demonstrated time and time again that when an appeal presents tough constitutional issues, she’s the best lawyer for the state.

Among Wellman’s most significant achievements is successfully defending Wisconsin’s sexually violent persons law in State v. Carpenter and State v. Post.

“It was a very novel concept and only a few states had enacted similar laws,” she said. “It was so intellectually challenging, and to be on the forefront of some really novel legal issues is one of the greatest joys of this job.”

In addition, upon Wellman’s urging, the Wisconsin Supreme Court upheld the statute mandating life sentences without parole in State v. Borrell.

Her latest case involving a cutting-edge statute is State v. Ninham, which still is pending, concerning when a life sentence without parole may be appropriate for a juvenile.

In addition, Wellman has appeared before the U.S. Supreme Court twice. She won in Brecht v. Abrahamson, and lost in Lindh v. Murphy, both federal habeas cases, although on retrial in Lindh the state prevailed.

“Sally is a brilliant lawyer and a gifted advocate,” said Mary Burke, a co-worker. “She’s also a wonderful colleague: She’s generous, kind and very funny.”

Wellman came to the Department of Justice after her 1979 law school graduation.

She quickly learned how to cope with her cases’ brutal crimes.

“I can’t fix everything; I can’t heal all the wounds, either the victims’ or the defendants,’” Wellman said. “I can just do my part within the system as well as I can, and justly and fairly. Once you learn that, it’s easier to let go and not take it all home with you.”

A supportive spouse, spirituality, exercise, spectator sports, and of course recreational reading, also have helped her stay energized for her work.

Maintaining a balance remains difficult for many women in the law, Wellman said.

“It was that way when I was younger, too — feeling like no matter where you are, you should be in the other place,” she said. “‘My child really needs me now; my office really needs me now.’ Maybe it’s always going to be a struggle. But I think that everyone — men, women, bosses and co-workers — can just be aware of that, and try to help each other a little more. No one can be perfect at everything. No one can do it all.”