Please ensure Javascript is enabled for purposes of website accessibility

Wagner writing her second act: Assistant DA falls into law career by accident

Wagner writing her second act: Assistant DA falls into law career by accident

Listen to this article
Mary Wagner (Staff photo by Kevin Harnack)
Mary Wagner (Staff photo by Kevin Harnack)

While in college, Mary Wagner considered going to law school. But then she got a job as a reporter for the Milwaukee Journal, married and started a family. But after falling off a horse and spending three months in a body cast, she decided to switch gears and pursue a law degree.

“When you are in an accident like that you look at things more clearly, so I decided to do the law school thing,” said Wagner, an assistant district attorney in Sheboygan County. “Thankfully, Marquette University just started its part-time program, so I could do that and still be the mom I wanted to be for my kids. Yes, I even cut class at law school to go on school field trips.”

Entering law school at age 40, Wagner knew she wanted to pursue an area where she could make a difference in other people’s lives. She considered criminal law, malpractice and personal injury.

“All three had one thing in common: If something bad had happened, the law could be used to try to tip the scales back into balance,” she said.

After her first criminal law class, Wagner knew criminal law was the right choice.

“There was that public service element to it that was similar to why I enjoyed journalism,” she said.

After 3-½ years, she completed her degree and set her sights on finding part-time work so she could still spend time with her children. Fortunately, a part-time assistant district attorney job opened in Sheboygan County at the same time.

“And here I am, 16 years later,” she said.

In Sheboygan, Wagner handles a diverse slate of cases, including ones involving a lot of research.

“I really enjoy research. I have a back-up role here and I don’t have a problem with that at all,” she said. “I fill in where I’m needed and I’ve been able to have a lot of great opportunities.”

While her children are no longer at home, Wagner appreciates the flexibility the part-time schedule allows her since she can now dedicate that time to writing.

“About 10 years ago I found myself really missing writing and some courthouse friends encouraged me to start a blog. They were all personal essays and slices of life, but then they started getting attention,” she said.

Wagner’s personal essays turned into three books, including “Running with Stilettos.” She recently took a break from writing the personal essays to turn her attention to writing a children’s book inspired by her cat, Finnegan. “Finnegan the Circus Cat” came out last year and she’s already at work on a sequel.

“I like the idea of being able to write a book my grandchildren may soon be able to read,” Wagner said. “I feel fortunate to have an attorney job that still allows me to engage in my writing passion. It’s been a great fit.”

Wisconsin Law Journal: What makes your work important to you?
Mary Wagner: The potential to make a difference for the better. I had been a journalist before I went to law school, and so I always felt comfortable in a role that sought to do something ‘good.’ After my first criminal law class I realized I didn’t need to look any farther. As prosecutors we make decisions every day to try to protect the public, advocate for victims and make the world around us a safer place by holding criminals accountable for their actions.

WLJ: Who is your hero in the legal field?
Wagner: I really don’t have any heroes because at this age I realize that we all have feet of clay. But I owe a boundless debt of gratitude to the late Howard Eisenberg. He instituted the (part-time program) that made it possible for me to go to school while juggling life as a full-time soccer mom with four kids at home. He was also the first person to look at my background as a journalist and tell me that my writing experience would open doors for me. I hadn’t known that before. He was warm, funny and a true believer. My life is much better for having been in his orbit.

WLJ: What do you do outside of work to deal with stress from the office?
Wagner: Lake Michigan is my go-to happy place. I grew up in Chicago and my happiest childhood memories are about going to the beach with my two aunts. That endless horizon and the sound of the wind and the water have always exerted a primordial pull for me. I’m fortunate that the Sheboygan courthouse is only a few blocks from the lake, so I often walk there over the lunch hour when the weather is good.

WLJ: What’s one thing many people get wrong about what you do?
Wagner: I don’t know that folks who aren’t in the legal system realize how much discretion we have in this job, and how we try to fashion solutions and sentencing recommendations based on the individual circumstances of each case. There are a few crimes that have pretty standard recommendations in our office, such as bail jumping and drunk driving offenses. But other than that, there are so many factors that come into play involving, say, a referral by police for a charge of burglary, such as things like the family background and prior history (or lack of a criminal history) of the defendant.

WLJ: What’s your favorite memory from law school?
Wagner: As a 1-L, part of a legal writing course was to have mini oral arguments on a particular issue. Pretty much every other student showed up in a suit, while I came in jeans and a T-shirt emblazoned ‘World’s Best Mom’ that one of my kids had given me for Mother’s Day. My theory was that if I fell flat on my face in this legal exercise, I still had a life. And at the end of the arguments, our ‘judge’ told me that my argument — which largely left case law in the dust and drew on common sense and real life instead — was the only one he’d heard that got him to think my side of the case had merit.

WLJ: Is there a certain case that stands out to you?
Wagner: Yes, and once again, Howard Eisenberg was involved. As part of his post-conviction remedies seminar, another student — Margaret O’Connor, now a defense attorney — and I were assigned to look into the case of a young man in Indiana who had been sentenced to 35 years in prison for, at the age of 15, killing an older man with whom he had had a sexual relationship. This relationship started when the boy was only 12. The mother tiger part of me was outraged. The 7th Circuit Court of Appeals assigned Eisenberg to represent the young man and explore whether a claim of PTSD should have been raised in the first place. While I was reviewing the record, I noticed that at some early point of the investigation there had been an interview of a witness who gave credence to the boy’s account that he understood that the man he killed had intended to kill him, but this had not been turned over to the defense attorney who took the case to trial. There were so many aspects to this case on both sides of the aisle that offended a sense of fair play, but it really underscored for me the power that a prosecutor has to make bad decisions that can take years and herculean efforts to try to undo. And the importance of doing the job right and fairly in the first place.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests