Wisconsin

The Wisconsin Lawyer recently reviewed IAALS' Foundations for Practice study and discussed some of its ties to Wisconsin's legal community. Of the more than 24,000 lawyers nationwide who participated, 500 were from Wisconsin. In the first part of the survey, at least three-fourths of those respondents said that characteristics were vital for new lawyers to have right out of school, while professional competencies and legal skills were less immediately valuable. Alli Gerkman, the director at IAALS who oversees the Foundations project, emphasized that the survey suggests that legal skills were still important, but new lawyers do not need to have them all mastered right out of law school.

The Wisconsin Supreme Court recently approved a rule allowing a lawyer-mediator to draft and file settlement documents in family law cases, which can provide a more cost-effective path to divorce for families. In this situation, the lawyer’s role is limited and the he or she would not represent either party to the mediation; therefore, the lawyer may not give legal advice or advocate on behalf of either party. Parties are also encouraged to seek independent legal advice prior to signing the documents prepared by the lawyer-mediator.

In April, over half of Wisconsin voters approved a proposed constitutional amendment that will allow the members of the state supreme court to select its chief justice, rather than the chief justice being determined by seniority.

According to a new analysis, justices on Wisconsin's high court tend to favor parties whose attorneys contributed to their election campaigns. With respect to campaign donations made prior to rulings, justices included in the study ruled in favor of donors 59 percent at the time. This does not establish that campaign support actually influenced decisions, but fair courts advocates worry that the public perceives this to be the case.

Last week, controversy arose in Kansas over Governor Brownback's announcement that he would not release the names of applicants for a court of appeals vacancy. The governor initially rejected a petition requesting that applicants' names be released, but he may be reconsidering that decision. Meanwhile, screening committees in Wisconsin and Florida, established to assist them in recommending potential federal judges to the White House, have differing plans on the confidentiality of applicant names.

Following an 18-month study, a Wisconsin state bar task force proposed that supreme court justices serve a single 16-year term. Justices currently serve 10-year terms and may stand for reelection. Though term limits would not stem the tide of candidate and special interest spending in the state's judicial elections, supporters believe term limits could help restore the public's trust in a court that has been plagued in recent years by alleged ethics violations and interpersonal conflicts.

Senators Ron Johnson (R) and Tammy Baldwin (D) have agreed to a restructuring of the commission that has been used in Wisconsin since 1979 to advise senators in recommending potential candidates for federal judge and prosecutor vacancies in the state. They have agreed to share the appointment authority equally, with each appointing three to a six-member commission.

Justice Pat Roggensack and Marquette University law professor Ed Fallone were the top two vote-getters in the February 19 primary election for a seat on Wisconsin’s supreme court, and they will compete in the April 2 general election.

Two candidates have filed to challenge Justice Pat Roggensack’s bid for another six-year term on the Wisconsin high court. One of those candidates has encouraged his opponents to discuss their party affiliation and how they would rule on hot-button issues with voters, despite the fact that Wisconsin judicial elections are officially nonpartisan.

A contentious and likely expensive supreme court campaign is expected in April 2013, with Justice Patience Roggensack seeking reelection and at least three candidates expressing interest in challenging her. The outcome of the race has the potential to alter the ideological balance on the seven-mamber court, as Justice Roggensack is part of the court’s four-member conservative majority.