Vol. 77, No. 7, July
2004
U.S. Court of
Appeals seeks applicants for bankruptcy judge
The Judicial Council of the Seventh Circuit is seeking applicants for
a bankruptcy judge position for the U.S. District Court for the Eastern
District of Wisconsin, headquartered in Milwaukee. The term of office is
14 years.
Interested parties may obtain an application from the Bankruptcy Court Web site or by
contacting the Bankruptcy Court Clerk for the Eastern District of
Wisconsin, Clerk of the U.S. Court of Appeals for the Seventh Circuit,
U.S. Courthouse, 219 S. Dearborn St., Room 2780, Chicago, IL 60604.
Applications must be received by Aug. 14.
Long-term court reporting contracts
prohibited
Say farewell to long-term contracts between parties to a lawsuit and
court reporters. Under a new law effective April 27, 2004, court
reporters are prohibited from taking a deposition unless they have
entered into a contract for court reporting services that is limited to
a particular action or incident. (2003 Wisconsin Act 227)
The State Bar Individual Rights and Responsibilities Section
supported the law change because it believes long-term contracts for
court reporting services create the appearance of impropriety and call
into question the impartiality of court reporters as officers of the
court.
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Attorneys needed for public defender cases statewide
The Wisconsin State Public Defender (SPD) requests your help. The SPD
has experienced a significant increase in cases in recent years.
Additional private appointment attorneys are needed statewide to handle
this increase, but especially in the Stevens Point, Wausau, Green Bay,
Eau Claire, and La Crosse areas. Attorneys with appellate practice
experience also are needed.
Cases are appointed on a rotational basis. Attorneys may accept or
decline cases offered when they are contacted. Basic trial level
certification requires only that the attorney requesting certification
be licensed to practice in Wisconsin. No special training or experience
is required for entry-level misdemeanor cases. Basic appellate level
certification requires that an attorney submit a brief filed in an
appellate court or complete three credits of appellate procedure
training or its equivalent (such as law school courses, clerkships, or
clinical programs).
The Wisconsin State Public Defender offers frequent no-cost/low-cost
training programs. The 2004 Annual Criminal Defense Conference, Oct. 7 -
8, in Milwaukee will cover most aspects of criminal law practice. The
SPD Web site provides useful practice guides, case law summaries, and a
brief bank. An electronic mail list also is available as an easy way to
share information and receive expert advice from colleagues.
According to Atty. Deborah M. Smith, State Public Defenders Office
Assigned Counsel Division, Madison, "The work is exciting and rewarding.
It is a good way to perform public interest work and refresh your
advocacy skills." For more information, visit www.wisspd.org or contact Smith at
(608) 261-8856 or smithd@mail.opd.state.wi.us.
State Bar CLE sweetens the pot
Free CLE. State Bar CLE Seminars is offering a free CLE seminar
certificate to attorneys who sign up for appointments and take five
cases. The offer also applies to attorneys who have not taken a case in
at least two years. "This is a critical need," says Atty. Tom Dixon, CLE
Seminars director, "and a constitutional mandate. If we can encourage
the private bar to help meet this critical need in some small way, we're
happy to do it."
Should custodial interrogations be
taped?
hould Wisconsin law enforcement move toward recording custodial
interrogations? The Avery Task Force, formed by Assembly Judiciary
Committee Chair and attorney Rep. Mark Gundrum (R-New Berlin), weighed
this question as it heard testimony on June 22 from law enforcement from
the Twin Cities and Denver about their experiences with video
interviewing.
Lt. Jon Priest with the Denver Police Department told task force
members that participants in the criminal justice system have come to
see the benefits of video interviewing since the department initiated it
in 1983. According to Priest, preserving an electronic record of
interrogations aids the investigator in preparing for a case,
prosecutors in making filing decisions, defense attorneys in determining
their ability to successfully go to trial, psychologists in rendering
opinions, and jurors in deciding the guilt or innocence of the
accused.
Sgt. Neil Nelson with the St. Paul Police Department noted that law
enforcement did not warmly embrace the 1994 Minnesota Supreme Court
decision in State v. Scales, 518 N.W. 2d 587, requiring that
all custodial interrogations be electronically recorded when feasible;
however, officers have seen first-hand the positive effects of
videotaping. Calling it "the most powerful tool shoved down our throat,"
Nelson said such recordings preserve the integrity of the system by
providing a clear and accurate record and can be used to counter claims
of improper police conduct.
Based on the compelling testimony presented at the hearing, the task
force is considering recommending to the legislature the creation of a
five-county pilot program for initiating electronic recording of
custodial interrogations in Wisconsin. The Avery Task Force is debating
this and other changes to Wisconsin's criminal justice system to
decrease the likelihood of wrongful convictions. Any proposed reforms
must be approved by the full legislature, which reconvenes in January of
2005.
The task force has a diverse membership, including judges, criminal
defense attorneys, prosecutors, law enforcement officials from across
the state, and legislators with criminal justice backgrounds. It bears
the namesake of Steven Avery, who spent 17-plus years in prison for a
crime he did not commit.
Nominations sought for 2004 Marygold Melli
Achievement Award
When you think of Wisconsin women who have significantly advanced the
interests of women, the legal profession, justice, and society as a
whole, who immediately comes to mind? The Legal Association for Women
invites you to nominate that individual for the 2004 Marygold Melli
Achievement Award.
Presented annually since 1994, the award recognizes Wisconsin women
who have made significant contributions to women in the law by advancing
the interests of women in the legal profession, promoting improvements
in the administration of justice, promoting equality and social justice
for all people, or improving relations between the legal profession and
the public.
The award honors Marygold Melli, professor emerita at the U.W. Law
School, who managed a distinguished career at the school while writing
prolifically, performing extensive community and professional service,
and raising four children.
Previous award recipients are: Ruth B. Doyle, Atty. Mary Lou Munts,
Chief Justice Shirley Abrahamson, Hon. Barbara Crabb, Atty. Diane
Greenley, Prof. June Weisberger, Prof. Louise Trubek, Atty. Susan
Steingass, Atty. Pamela Barker, Atty. Eunice Gibson, and Atty. Burneatta
Bridge.
Visit www.wisbar.org/wislawmag/2004/07/news.html to download a
nomination form, or contact Nancy Wettersten at (608) 252-9388 or ncw@dewittross.com. The deadline
for nominations is Aug. 30.
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