By Tom Solberg, Media Relations Coordinator, State Bar of Wisconsin
July 28, 2010 –The 2009 Regular Session of the Wisconsin Legislature may have adjourned, but that doesn’t mean that legislative business has ground to a halt on Madison’s Capitol Square.
“We will closely monitor the work of over a half-dozen ad hoc study committees that will examine major policy issues while the Legislature is in recess,” explained Sandy Lonergan, a member of the State Bar’s Government Relations Team.
The study committees were created this month by the 22-member Wisconsin Joint Legislative Council, which includes legislative leaders from both houses. That body was created in 1947 to facilitate the deliberative study of complex problems facing Wisconsin and to propose legislative solutions to those problems. The Legislative Council is served by a staff of 26 professionals, including 14 attorneys, and is one of five nonpartisan service agencies serving the Wisconsin Legislature.
“A unique feature of Legislative Council special study committees is that they’re made up of both legislators and citizens with special insights or professional experience associated with the study topic,” Lonergan explained. “We were fortunate to have some three dozen State Bar members appointed as citizen members to key study committees this year.”
Study committees that the Government Relations Team will track include:
Special Committee on Criminal Justice Funding
This 16-member committee, chaired by Sen. Lena Taylor, will study “funding of the criminal justice system and strategies to adequately and sustainably fund the criminal justice system.” Members were specifically directed to examine funding for prosecutors, defense attorneys and courts. They will also review the collection of fees and surcharges imposed on criminal defendants.
Citizen members include: Hon. Jeffrey Kremers, Milwaukee; Hon. Scott Needham, St. Croix County; and Attys. John Barrett, Milwaukee; John Skilton, Madison; John Birdsall, Milwaukee; Ben Kempinen, Madison; David O’Leary, Janesville; Ragen Shapiro, Madison; and Marla Stephens, Milwaukee.
Special Committee on Review of Emergency Detention and Admission of Minors Under Chapter 51
This 15-membercommittee, chaired by Rep. Sandy Pasch, is directed to review “(a) the appropriateness of, and inconsistencies in, the utilization of emergency detention procedures under s. 51.15, Stats., across this state, and the availability and cost of emergency detention facilities; (b) the inconsistent statutory approaches to emergency detention between Milwaukee County and other counties in the state; and (c) the inconsistent application of procedures relating to admission of minors under s. 51.13, Stats., as modified by 2005 Wisconsin Act 444.”
Citizen members include: Attys. Kristin M. Kerschensteiner, Madison, and Galen Strebe, Madison.
Special Committee on Health Care Access
This committee, chaired by Rep. Fred Kessler, has 17 members and is directed to study “potential solutions to the shortage of health care providers, particularly in rural areas and inner cities, and the adequacy of funding for public health.
The Special Committee is directed to study possible state assistance to underserved areas and an expansion of Wisconsin’s capacity for training family practice physicians and nurses, and additional funding sources for public health.”
No SBW members are serving as citizen members of this committee.
Special Committee on Judicial Discipline and Recusal
The 12 members of this committee, chaired by Rep. Gary Hebl, are directed to “(a) review the current method by which justices and judges are disciplined; (b) examine alternative methods of judicial discipline, including methods of judicial discipline in other states and in the federal court system; and (c) recommend a method by which justices and judges should be disciplined. The Special Committee is also directed to review the current system of judicial recusal and to recommend an objective standard for judicial recusal.”
Citizen members include Hon. Mac Davis, Waukesha; two former SBW presidents, Tom Basting and Diane Diel; Attys. Stephen Hurley, Madison; Lynn Laufenberg, Milwaukee; Troy Cross, Portage; and David Schultz, Madison.
Special Committee on Review of Spousal Maintenance Awards in Divorce Proceedings
This 17-member committee, chaired by Rep. Tony Staskunas, is directed to examine “(a) the purpose and goals of awarding maintenance; (b) making application of the maintenance considerations given in s. 767.56, Stats., more uniform and predictable; (c) whether the statutes should provide guidance to the courts relating to amount and duration of a maintenance award; (d) whether cohabitation should be considered when revising maintenance orders under s. 767.59, Stats.; and (e) whether marital fault should be considered when determining a maintenance award.”
Citizen members include: Hon. Robert G. Mawdsley, Waukesha; Hon. William Pocan, Milwaukee; Hon. Michael J. Bruch, Milwaukee; Attys. Judith Budny, West Allis; Marsha Mansfield, Madison;Tom Grogan, Madison; Korey C. Lundin, Madison; and Jared Potter, Brookfield.
Special Committee on Public Assistance Program Integrity
This committee, chaired by Sen. Bob Jauch, includes 13 members and is directed to “study current laws, rules, and policies relating to fraud prevention, detection, investigation, and prosecution, and the current fraud penalty structure, in public assistance programs under ch. 49, Stats.
The study shall include consideration of all of the following: “(a) the findings and recommendations of recent Legislative Audit Bureau audits of the Wisconsin Shares child care subsidy program and child care regulation in Wisconsin, and implementation of those recommendations; (b) whether current fraud provisions in ch. 49 should be recodified, streamlined, and made uniform throughout the chapter; (c) the effectiveness of current prohibitions and investigatory and enforcement mechanisms; (d) whether current penalties and associated consequences of a finding of public assistance fraud achieve the goals of fraud prevention and deterrence; (e) incentives for fraud detection by entities administering public assistance programs; (f) whether eligibility provisions in certain public assistance programs increase the likelihood of fraudulent activity; and (g) funding for fraud prevention, detection, investigation, and enforcement at the state and local level.”
Citizen members include: Attys. David Feiss, Milwaukee and Harold Menendez, Madison.
Special Committee on Review of Records Access of Circuit Court Documents
Rep. Kelda Roys chairs this 15-member committee, which is directed to “review how, and by whom, circuit court civil and criminal records may be accessed through the Wisconsin Circuit Court Automation (WCCA) Program. The issues to be considered by the committee include: (a) the length of time a record remains accessible through WCCA; (b) whether accessibility of a record through WCCA should depend on how far a civil or criminal proceeding has progressed; and (c) whether records of proceedings that have: (1) been vacated or dismissed; or (2) resulted in acquittal or other form of exoneration should continue to be accessible through WCCA.”
The Wisconsin Supreme Court is currently studying a proposal by the State Bar (petition 09-07) to provide guidance to circuit court judges when ordering certain case files expunged, removed from an online database or otherwise sealed.
At an all-day public hearing on Feb. 24, 2010 almost two dozen individuals testified on the petition. The vast majority of those who testified favored the proposal and described how their personal lives or professional careers had been adversely affected by the online posting of court cases. In most of the situations described at the hearing, the cases had either been dismissed, overturned on appeal or had ended in outright acquittal after a jury trial.
After the Feb. 24 hearing, a majority of the justices appeared willing to continue exploring ways to provide limited relief to individuals harmed by the online availability of cases that have either been dismissed or that ended in outright acquittal.
Citizen members include: Hon. Robert Kinney, Rhinelander; Hon. Frederick Fleishauer, Stevens Point; Attys. Mary Delaney, Monona; Lahny Silva, Madiaon; Adam Stephens, Milwaukee; Mike Tobin, Madison; Keith Findley, Madison; and Sheila Sullivan, Madison.
Other Special Committees
The Legislative Council also created other special committees to examine such issues as higher education financial aid programs, job creation, local service consolidation, the managed forest program and state-tribal relations.
The committees will begin meeting in August and will generally report their findings and recommendations to the Joint Legislative Council by early February. That body will then review the legislation recommended by the study committees and, if a majority of council members (12) vote for introduction, the proposed legislation will be sponsored and introduced by the Joint Legislative Council during the 2011 Legislative Session.
Lonergan emphasized the importance of tracking and, when appropriate, contributing to the work of these panels. “Historically, we know that about 60 percent to 70 percent of legislation proposed by special study committees is ultimately enacted into law. That’s why the Government Relations Team will closely monitor their progress and contribute to their success.”
Rotunda Report is the State Bar of Wisconsin’s Government Relations e-newsletter that highlights legislative, judicial, and administrative developments that impact the legal profession and the justice system. It is published twice a month and is distributed free to attorneys, public officials and others who help shape public policy in Wisconsin. We invite your suggestions to make the Rotunda Report more informative and useful and we encourage you to visit our Web site for the most current information about justice-related issues.
© 2010, State Bar of Wisconsin
