Nov. 14, 2024 – The Wisconsin judiciary is strong but “not without its challenges,” said Wisconsin Supreme Court Chief Justice Annette Kingsland Ziegler in her State of the Judiciary Address at the Wisconsin Judicial Conference in Elkhart Lake yesterday (Nov. 13).

In her fourth address as chief justice, Ziegler outlined issues of ongoing concern for the Wisconsin court system, highlighted progress over the past year, and identified a new challenge: Wisconsin’s attorney shortage, especially in rural parts of the state.

Addressing Access to Justice and Legal Deserts

Wisconsin’s chief judges asked Chief Justice Ziegler to address the attorney shortages in rural areas of the state, “where we often do not even have any available certified attorneys to take cases,” she said. Legal deserts exist, particularly in Wisconsin’s northern counties.

The issue exacerbates the growing problem with access to justice, Chief Justice Ziegler said. “When we cannot provide members of the public, who are exercising their constitutional right to be represented by counsel, with an attorney, ‘access to justice’ is seriously compromised.  Because of shortages like these, we are faced with consequences of constitutional proportion.”

In June, Chief Justice Ziegler established the Attorney Recruitment and Retention Committee (ARRC). The committee works in partnership with the Committee of Chief Judges, the State Bar of Wisconsin, and the deans of Marquette and U.W. law schools and with other legal professionals. Its purpose is to brainstorm and identify solutions, including examining those used by other states.

“I have high hopes that this collaborative effort will help provide solutions to the attorney retention and recruitment issues facing our state. Each of us have a role to play in ensuring that Wisconsin’s court system remains fair, accessible, independent, and effective. I look forward to what we will be able to accomplish together,” Chief Justice Ziegler said.

Ongoing Efforts to Improve Judicial Security

“Judicial security is a very real and growing concern, and I know each of us takes it seriously,” said Chief Justice Ziegler, noting the murders of judges across the county over the past two decades, including Juneau County Circuit Court Judge John Roemer in 2022, an incident that left Wisconsin judiciary “deeply shaken.”

“These incidents are unfortunately becoming far too common,” Chief Justice Ziegler said.

With the basic tenet of judicial independence “that judges should not be intimidated, influenced, threatened, or killed for doing their job,” Chief Justice Ziegler requested that the Legislative Committee of the Judicial Conference develop bills to improve judicial protection. The Judicial Security Package of bills has resulted in three Acts, two of which are already in effect:

• 2023 Wisconsin Act 234, which makes it a Class A misdemeanor to picket or parade at the residence of a judge with intent to interfere with, obstruct, or impede the administration of justice;

• 2023 Wisconsin Act 236, which allows withholding judicial security profiles from public access, including from disclosure under the Public Records Law; and

• 2023 Wisconsin Act 235, effective April 1, 2025, which allows judicial officers to request that certain information be protected from public disclosure and removed from public display, including information about the judicial officer’s immediate family.

While these accomplishments should be celebrated, there is still more work to be done, Chief Justice Ziegler said. “It is incumbent upon us to have a safe and secure judicial system, not only for our judicial officers, but also for the members of the public.”

Mental Health Initiatives

Chief Justice Ziegler highlighted the importance of continuing to improve how the courts and justice system approach mental health. “I do not know anyone who has not been touched, in some way, by a mental health issue,” she said.

She noted several areas of effort in Wisconsin courts, including a pilot project in La Crosse County led by Judge Scott Horne that will use the Sequential Intercept Model (SIM) to look to close service gaps and build up existing resources. “We are very excited to be partnering with the National Center for State Courts to expand use of this model in Wisconsin,” she said.

Other courts starting initiatives include Dane and Milwaukee counties using the Judges and Psychiatrists Leadership Initiative.

The courts are also looking into creating a state-level behavioral health coordinator who will help coordinate efforts across the court system and provide training and guidance to judges on establishing and operating mental health courts.

“Several of our neighboring states have created similar state‐level behavioral health coordinator positions to help provide strategic leadership and planning on court‐related mental health activities,” Chief Justice Ziegler said.

Look for opportunities for innovation, partnership and collaboration, she said. “Please continue your efforts; the mental health of so many depend on you.”

Progress on Misdemeanor and Felony Case Backlog Continues

Addressing case backlogs across the state is another important component of access to justice, Chief Justice Ziegler said.

The past year includes “good news and challenges,” she said.

On misdemeanor cases, 26 of 72 counties have resolved their backlogs. Currently, there are 2,163 backlogged misdemeanor cases. But over the last year, 1,300 backlogged cases were cleared. “This progress is a testament to the hard work of our court personnel,” she said.

Felony case backlogs continue to pose greater challenges exacerbated by factors like the attorney shortages and a lack of interpreters. The felony backlog has increased slightly to about 12,000 cases over the past year, she said.

Despite the challenges, several Wisconsin counties “have shown remarkable progress,” with 11 counties that have cleared their backlogs and five counties that have reduced their backlogs by 90% or greater. “This remains proof that our judges work hard even under difficult circumstances,” she said.”

Reserve judges are an important part of addressing case backlogs, and use of reserve judges has increased 183% since 2015. “We have a body of very able reserve judges who stand ready to help you as needed,” she said.

“We each have a role to play in making sure that our judicial system works for everyone. Mental health, judicial security, and solving the lawyer shortage are issues that we can and should all get behind now and for many years to come. That way, access to justice will also embody safe justice, fair and impartial justice, and meaningful justice,” Chief Justice Ziegler said.

Read the entire address on the Wisconsin Courts website