|
|
|
Vol. 72, No. 8, August 1999 |
Previous Page
Cops & Lawyers: Combining the
careers
of law enforcement and the practice of law
Two Out of Three
As a young girl, Cheri Maples had three ambitions: to become
a cop, a lawyer, and a professional baseball player. "Two
out of three's not bad," Maples says.
She's been an officer with the Madison Police Department for
15 years, during the last five of which she attended U.W. Law
School part time. During those five years, "All I did was
raise my kids (two sons, now ages 11 and 16), law school, and
work," she says. She graduated this spring.
Before her tenure as a cop, Maples was a social worker, focusing
on domestic violence. She was well on her way toward a Ph.D.
in social work when she realized an academic profession wouldn't
be right for her. She applied to the police department, which
wasn't as much of a leap as many think. "A lot of what patrol
officers do," she explains, "is crisis intervention."
Similarly, her law studies and police work have intertwined,
Maples says. She feels her class work was enriched by the practical
experience she's had in criminal procedure and constitutional
law issues. And her legal training adds to her current job duties.
"I think it's important for police officers to have an understanding
of what it is we're trying to protect and what that means,"
Maples says. "Not that I didn't know that before. But law
school helped me understand and appreciate it in a different
way."
"I really did learn a lot in law school," Maples
adds. "I've heard people say, 'I didn't learn anything in
law school.' I think those are the people who don't see the big
picture." For Maples, getting a better take on the big picture
was one of the benefits of becoming a lawyer, while continuing
to be a cop. Besides being a lieutenant in the detective division,
she's also the department's sensitive crimes liaison. "I
get to help set policy with respect to domestic violence, sexual
assault, child abuse and neglect - things that are near and dear
to my heart," Maples says. "So my worlds intermesh
nicely."
At this point, Maples has no intention of leaving the police
force. Still, a law degree boosts her future options should she
ever want to be a police chief or hang out a shingle after retiring
from the police force at age 52. But for now, Maples is staying
put. And after five vacationless years while in law school, she's
planning a month-long Himalayan trek this fall, during which,
she says, "I plan to think about some things carefully."
For the Prosecution
Unlike Maples, Ricardo Perez had no childhood dream of being
a police officer. "When I was growing up, I didn't care
for the police at all," he says. "I guess I woke up
and found I was the idiot, not the police, so I decided I'd like
to give that a try." He became an officer with the Wisconsin
State Patrol at age 23, initially in Kenosha County. After a
few years, he was ready for a change.
|
"The law fascinates me. I really
enjoy reading it and trying to understand where people are coming
from - understanding both sides and being able to argue both
sides' interests."
- Ricardo Perez,
Wisconsin State Patrol,
Kenosha and Dane counties
|
"When you're young and full of vinegar," he
points out, "you have this invincibility thing. You want
to go out and catch the bad guys." But later Perez decided
he wanted other things in his life someday, too: a family and
home life. Working all but one weekend every month is tough on
troopers' family lives. Perez knew he wanted a new line of work
for his future. Law was his choice. He transferred his trooper
job to Dane County and enrolled in U.W. Law School full time.
"The law fascinates me," Perez says. "I really
enjoy reading it and trying to understand where people are coming
from - understanding both sides and being able to argue both
sides' interests." He'll graduate from law school in December.
This summer he's completing a 10-week internship in the Kenosha
County District Attorney's office.
Looking ahead, Perez says district attorney work is his top
career choice. To that job he feels he could bring a valuable
perspective from his trooper experiences. For example, "Officers
often complain about how the DAs handle things, as far as plea
bargaining and so on," Perez notes. "The officers sometimes
see it as an attack on their credibility that the DA doesn't
pursue charges. But the reality is we just don't have time to
pursue all the charges."
At the same time, Perez knows how it feels to work the night
shift as an officer, get home at 7 a.m., and then have to report
for a 9 a.m. court appearance, only to find out it's been canceled.
"I've been apologized to for that, but I've never been given
an explanation as to why I didn't get the notice (of cancellation),"
Perez says. Officers' annoyance understandably builds up, particularly
when they have to make child care or other arrangements to be
able to be in court.
This happens frequently, "and it really gives officers
a sour taste about the prosecution and the defense," Perez
says. "It's not that anybody is being vindictive or deceitful.
It's just poor communication."
Having been in those shoes, Perez would make special efforts
should he become a prosecutor. "I will make personal attempts,"
he says, "to get in contact with officers to let them know
if a trial is going or not - before the end of their shift, or
before they go on vacation. I'll try to make their job a little
easier and make them want to come in and do a good job for me
(in court)."
For the Defense
As a part-time U.W. Madison student studying sociology while
he was working as a Sun Prairie police detective, David Dickmann
often trudged up Bascom Hill on his way to classes. "I'd
look over at the law school," he recalls, "and think,
'Maybe I ought to go there some day.' It wasn't really a serious
thought."
But years later Dickmann reached a juncture in his career.
He'd been a beat cop for six years and a detective for 10 years,
all in Sun Prairie. He felt it was time either to move on to
a bigger department or to try to nab a job with the Federal Bureau
of Investigation. Starting at the bottom of the ladder in a new
police department held no appeal. So he opted for the FBI. The
last step in the bureau's hiring process was a physical, during
which Dickmann was surprised to learn he had a high-frequency
hearing loss, probably stemming from wearing headphones eight
hours a day while in the Navy.
With the FBI off his list, "law school just kind of popped
up on the radar screen," Dickmann says. He attended part
time and, with the schedule of a combination law student/detective,
"I missed a lot of Packers' games," he notes. He graduated
in 1992 and has been an attorney with the public defender's office
in Stevens Point ever since.
The move from detective to public defender might seem incongruous
to some, Dickmann acknowledges, but not to him. Sure, he'd had
his share of grilling from defense attorneys when he was a cop
on the witness stand, "but I didn't take it personally,"
he says. "The way I saw it was that everybody had a role,
and things would generally work out if you did the best professional
job you could. So, for me, the logical progression (from police
work) was to go into criminal law. And being either a prosecutor
or defense attorney would have been absolutely fine with me."
The experiences and knowledge he gained as a cop are a plus
as a lawyer, Dickmann says. "Those would serve me well as
a prosecutor," he notes, "but I think they serve me
even better as a defense attorney. When I look at a police report,
I can read between the lines."
One aspect he misses from his police days is the special camaraderie
that springs up among people working together in stressful situations.
Now that he's a lawyer, "I don't know if it's because of
my law enforcement background," Dickman says, "but
I've made some good acquaintances with law enforcement officers
here - even though they know if I get them on the stand, I'm
going to give them a terrible time."
"I couldn't be happier than where I'm at with the public
defender's office," he adds. "I love defense work.
This is where I'll be until I'm done practicing law."
Badge to Bench
John Siefert, a newly elected Milwaukee County circuit court
judge, always wanted to be a cop. Even when he went to law school,
he yearned to be a cop. "I always wanted to get a realistic
view of life on the street in the big city," he says. After
graduating and serving a short stint as an assistant district
attorney in northern Wisconsin, he headed to Milwaukee to join
the police department in 1976.
From there, Siefert has been back and forth from badge to
bench twice. After three years as a street cop in inner city
Milwaukee, he successfully ran for municipal judge in 1979, obtaining
a leave of absence from the police department. After an unsuccessful
bid for reelection four years later, he returned to his squad
car, where he put in another six-year stretch. Plus, he did legal
work for an insurance company on the side. Every so often the
company offered him a full-time position, and when Siefert had
an episode while chasing a robbery suspect (he collapsed with
what he thought was a heart attack, although it wasn't), he decided
maybe the insurance executive job wasn't such a bad idea. He
stayed there a year, before being elected Milwaukee County treasurer,
and then in 1993 voters once again returned him to the municipal
bench. In April 1999, in the midst of his second term, he succeeded
in running for circuit court judge.
|
"It's one criminal justice system.
The ability to understand all the components and how they interrelate
is extremely valuable. The more you understand the system as
a whole, the better you are able to function in any given part
of it."
- John Siefert
criminal court judge, Milwaukee
|
All through this history,
Siefert cites a synergy, as he calls it, between his law and
police backgrounds. For instance, the prime reason he first ran
for municipal judge was to firm up enforcement of fine collection
for quasi-criminal offenses in the city. Many assault and battery,
vandalism, theft, and other crimes in Milwaukee are charged as
ordinance violations, rather than criminal misdemeanors, due
to system overload. Perpetrators receive tickets with fines attached
and wind up in municipal court. But from being a cop, Siefert
knew that those tickets were a dead end: Too many offenders were
not paying their fines - and getting away with it.
That's just one instance signifying a larger problem, Siefert
says. "Different parts of the overall criminal justice system
are talking past each other," he says, "because they
don't understand what the other parts are doing."
As for the attorney's part, what distinguishes that role from
the others, Siefert emphasizes, is the commitment to due process.
"That's very important," he says, "because nonlawyers
often don't understand it at all."
Identity theft is another problem Siefert saw as a cop that
he's worked on in his second municipal judge term. This can be
a serious problem when a city goes to a citation system rather
than a system of summary arrest for assaults, thefts, and so
on. When receiving the citation, perpetrators often use a false
name, or steal another's name. There's no booking to verify identity.
The person whose name is on the ticket doesn't appear in municipal
court because he or she is unaware of the charge, and therefore
is found guilty by default. "That citation comes back to
haunt and ruin the life of the person whose name was stolen,"
Siefert says. Again, it's a glitch that arises because different
parts of the criminal justice system don't completely understand
the workings of other parts.
"It's one criminal justice system," Siefert says.
"The ability to understand all the components and how they
interrelate is extremely valuable. My one regret is that so far
in my career I've had no experience in corrections and probation
and parole. The more you understand the system as a whole, the
better you are able to function in any given part of it."
Dianne Molvig operates Access Information
Service, a Madison research, writing, and editing service. She
is a frequent contributor to area publications.
|