Loophole in Drunken Driving Law Should be Closed

An ignition interlock device (IID) is a breathalyzer installed in a vehicle that prevents a driver from operating the vehicle until first providing an adequate breath sample. In Wisconsin, an IID is required in one of three circumstances after being convicted of either Operating While Intoxicated (OWI) or Operating with a Prohibited Alcohol Concentration (PAC): the defendant is a repeat drunk driver, the defendant refused a chemical blood or breath test under Wisconsin’s implied consent law, or the defendant is a first time drunk driver and had a blood alcohol concentration (BAC) of 0.15 “at the time of the offense.” Because OWI 1st’s are not crimes in Wisconsin, defense attorneys specializing in OWI cases try to negotiate with prosecutors to stipulate that the defendant’s BAC was 0.149 to avoid the costly and cumbersome IID requirement. This arbitrary threshold creates an obvious loophole.

The state legislature should revise this language in the IID statute because its vague language is leading to ridiculous results in court and does not promote consistency in OWI cases. As a matter of syntax, the statute as its currently written is arguably ambiguous. The legislature specifically used the phrase “at the time of the offense” as opposed to “at the time of driving.” The most common interpretation (and one favored by defense attorneys) is that the word “offense” only encompasses the physical act of driving and nothing after it. However, if that is what the legislature intended, then it would have been clearly to use the word “driving” instead. Further, the current language is in clear conflict with the OWI statute that penalizes drunk driving. A second reasonable interpretation is that “offense” includes everything from the driving to when the police officer issues the citations. However, this reading appears to cast too wide a net.

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Restorative Justice and Clergy Abuse

Several people sit in chairs in a "healing circle" discussing instances of abuse by clergy.My trip to Rome in spring 2016 triggered a return visit this past November, when I again taught a segment of a certificate program addressing the Catholic sex abuse scandal.

The Pontifical Gregorian University’s Center for Child Protection offers the four-month graduate certificate program to religious sisters, brothers and priests from around the world who are assigned to head up Protection for Children offices. The program goals: to teach how to deal with past abuse and prevent further incidents.

I spent a full day with 19 students representing four continents. While there were some language barriers to overcome, the group was able to comprehend the power of Restorative Justice (“RJ) presented in different contexts — particularly its value regarding sexual abuse within the Church.

I explained how in past clergy abuse cases, it is not often possible to bring victims and offenders face-to-face in dialogue because many offenders are in denial, deceased or too old, with limited memory. We, therefore, explored the hope that RJ offers in addressing “secondary victimization” by members of the Church’s hierarchy.

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25th Annual Howard B. Eisenberg Do-Gooders’ Auction: Interview with Andrew Lawton

The 25th Annual Howard B. Eisenberg Do-Gooders’ Auction on behalf of the Law School’s Public Interest Law Society (PILS) will be held on February 16 at the Law School.  Proceeds from the event go to support PILS Fellowships to enable Marquette law students to do public interest work in the summer.  Andrew Lawton, a current law student, shares his experience here as a PILS Fellow.

Where did you work as a PILS Fellow?

The United States Attorney’s Office-Eastern District of Wisconsin.

What kind of work did you do there?

The United States Attorney’s Office (USAO) prosecutes a wide variety of federal crimes. The case load within the office is diverse, depending on enforcement priorities and actual apprehension of suspected criminals. My work was primarily to draft research memorandum summing up the case law in a specific area of interest to any of the attorneys, which included a wide range of topics from asbestos to armed robbery to human trafficking. But I also drafted court documentation such as motions when needed, and I observed court appearances where I took notes for the attorneys, including in prolonged jury trials.

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