Letters
The Wisconsin Lawyer publishes as many letters in each issue
as space permits. Please limit letters to 500 words; letters may be
edited for length and clarity. Letters should address the issues, and
not be a personal attack on others. Letters endorsing political
candidates cannot be accepted. Please mail letters to "Letters to the
Editor," Wisconsin Lawyer, P.O. Box 7158, Madison, WI
53707-7158, fax them to (608) 257-5502, or email them.
Clarifying the New Citation System
SCR chapter 80, effective Jan. 1, 2000, changes
the citation method for any published opinions of the supreme court or
the court of appeals to one that is independent of any particular
printed version. The new citations will include the year of the
decision, the name of the court issuing the decision, and the sequential
number of the opinion assigned by the court at the time of its release.
For example, a citation from the Wisconsin Supreme Court will appear in
this format: Blue v. Green, 2000 Wis 345. Pinpoint citations,
if needed, indicate a paragraph number. In the article "Wisconsin to Use New
Citation System in 2000," found on page 9 of the July Wisconsin
Lawyer, it may have been unclear that even under the new rules an
initial citation still must include the volumes and page numbers of both
the Wisconsin Reports and the North Western Reporter
in which the opinion is published in addition to any public domain
citation. For example, Blue v. Green, 89 Wis. 2d 296, 456 N.W.
2d 234, 2000 Wis 345.
Supreme Court Order
95-01, setting forth the new citation system, can be found on page
34 in the August Wisconsin Lawyer.
WL Editors
Slowdowns in Judicial Confirmations
Threaten Institutional Independence of the Judiciary
The recent reported Senate slowdown in judicial confirmations
threatens not so much the decision-making independence of individual
judges, but perhaps even more ominously, the institutional independence
of the judiciary as a separate and co-equal branch of government.
Slowdowns that commence before any presidential election year are a
particularly disturbing trend. For example, as of June 1, 1999, fully
one-fourth of the positions on the 9th Circuit had not been filled.
In previous judicial nomination and confirmation slowdowns during the
Clinton administration, the Senate and the White House battled mainly
over the perceived political ideology of individual nominees. One recent
slowdown, however, is a product of political maneuvering completely
unrelated to the judiciary. Some Senators vowed to stall some or all
presidential nominations, including judicial nominees, in response to a
controversial recess appointment of an ambassador. (The Constitution
allows the President to make a temporary appointment during a
congressional recess; the recently appointed ambassador is eligible to
serve without Senate confirmation through the end of 2000).
The judiciary in particular should never be forced to suffer the
fallout of political battles between Congress and the White House.
Adequate judicial staffing and resources are clearly in the public
interest.
Our executive and legislative branches now have the opportunity to
demonstrate their support for a strong and independent judiciary. It is
time for the political branches to honor their commitment to timely
nomination and confirmation of our federal judges.
Lawrence S. Okinaga, President
American Judicature Society
Seth S. Andersen, Director
Hunter Center for Judicial Selection
Judicial Campaigns: Appoint Judges From Panels of Screened
Aspirants
Now that the mud has settled following our recent Wisconsin Supreme
Court judicial election, I wonder whether it isn't time that some
serious thoughtful consideration be given to the method by which our
judicial offices are filled.
In my 50 years of law practice we have seen the shift in judicial
elections from mostly personal appeals based upon claims of experience,
character, and expertise in the law, to divisive, emotional, unfounded,
and baseless charges against opponents, whether or not they are
incumbents. Obviously, the advent of television has given judicial
candidates an avenue to get a message to the general public, most of
whom in the past had been pretty much oblivious of judicial races. Now
20- and 30-second spots are mixed in with other commercials in every
situation comedy, soap opera, and sports telecast.
The recent supreme court election hit a new low. Except for a few
petty and mostly irrelevant personality clashes, it consisted of the
challenger making the amazing claim that the incumbent Chief Justice
understood the intent of the Bill of Rights and had the audacity to
apply and uphold those rights, even in cases where their application was
unpopular with the general public.
The bar as a whole should be embarrassed by the use of such tactics
and determined to do something about it.
I can already hear the moans, mostly from nonlawyers - more than 80
percent of whom did not bother to vote in the recent election - that
they will be deprived of their right to choose judges. Nonetheless, I
think that a well-prepared and presented campaign, pointing out the
advantages of appointing judges from panels of screened aspirants who
later run on their records, can succeed.
Does the State Bar have the fortitude to suggest and work for such a
change?
Daniel T. Flaherty
La Crosse
Suggestions for Bar to Better Serve Members
I join in the objection made by Jeffrey M. Gonyo published in the letters
column in the May issue. I find the payment of dues and mandatory
membership in the State Bar of Wisconsin financially burdensome, and the
dues increase obviously doesn't help.
As a member of both the Minnesota and Wisconsin bar associations, I
have compared the attitude toward and services provided to members. I do
not feel that I receive fair value for my Wisconsin membership dues.
Perhaps this is due, in part, to the fact that I do not reside in
Madison or Milwaukee.
I believe the State Bar of Wisconsin could better serve its members
by decreasing the amount of "junk mail" sent, charging fees on the basis
of services actually provided, and providing for payment of dues based
on income earned. After all, isn't the function of the Bar association,
at least in part, to serve the needs of its members?
Patricia J. (P.J.) Miller
Wilson
Correction to Military Pension Article
The article, "A Primer on Dividing a Military
Pension" in the August issue contained an incomplete sentence. The
last sentence on page 19 should read, "An active duty member's retired
pay is calculated on years and months of creditable service and base pay
at retirement." The remainder of that paragraph is correct.
WL Editors
Pondering ...
Why do banks charge you a "non-sufficient funds fee" on money they
already know you don't have?
Tell people that there are 400 billion stars and they'll believe you.
Tell them a bench has wet paint and they have to touch it.
Wisconsin Lawyer
