The Healing Impact of Restorative Justice

The Healing Impact of Restorative Justice

As a former Milwaukee County Circuit judge and Wisconsin Supreme Court justice, I have watched people try to resolve highly emotional and upsetting conflict through the legal process or by use of (social) media. For the last 25 years I have become convinced that we need to offer hurting people restorative approaches—a forum in which each person can be truly heard, and their concerns addressed while managed by experienced and sensitive facilitators/mediators to help the parties work toward healing. As a result, our Marquette Law Andrew Center for Restorative Justice provides people, neighborhoods and institutions support for transformational restorative processes.

The recent death of Queen Elizabeth has brought the Royal Family together, albeit for a somber occasion. Nevertheless, this reunion has re-surfaced conflicts that appeared dormant (at least within the American news cycle) – specifically, those related to Meghan Markle and Prince Harry. As we watch how the royal conflicts unfold, it seems that the Royal Family may benefit from restorative justice processes to begin mending their relational rifts now on public display. So, I posed a thought experiment to the students in my restorative justice class this fall: what should restorative justice within the Royal Family look like?

Students recognized location – a neutral one – as foundational to the success of any royal restorative justice endeavor. Several suggested Switzerland, because of its distance from the United Kingdom, its many secluded towns, and the country’s commitment to neutrality, peace, and refusal to involve itself in violent or pollical conflicts with other countries. Students also correctly recognized the importance of confidentiality and privacy to a restorative justice gathering of the Royal Family, especially considering the Family’s historic distaste for and disinclination towards any public airing of intra-family grievances is well known.

Finally, there comes the process, and most importantly, what to address and how to address it. Obviously there would be extensive preparation (including deep listening by the facilitators) before any gathering of family members. Practically all the students suggested dialogue as the procedural format, and that it be led by one or more experienced facilitators/mediators. After listening and talking to everyone individually or as a couple, the facilitator must work out an agenda for the first meeting. That agenda might include a discussion to the traditions of royalty and a need to maintain them as well as how those rules might govern Meghan and Harry as well as their children.  Students differed regarding which topics to address first, as well as which participants should hold the primary focal point. Some proposed that the entire family begin discussion centered on racism as its manifestation in the Royal’s Family’s treatment of Meghan Markle. Others urged a family-wide discussion focused on the treatment of in-laws in the Royal Family, while others thought that the topic should involve a discussion on addressing mental health issues. There also rose the proposal that a dialogue should begin attentive to the unique trauma of growing up in the Royal Family, and that perhaps the initial sessions be limited to King Charles III and his sons, Harry and William. Ultimately the agenda needs to be driven by the desires of the respective parties to a dialogue, with a commitment by all of confidentiality.

While any one of these procedures and topics could work for the Royal Family, what is most important is that the family members show up and open to truly hearing one another and to grappling with many of the sore truths that have historically and continually effected members of the Royal Family.  And here, the current family, led by King Charles III, may have an opportunity to shape their legacy and demonstrate profiles in leadership through dialogue and healing.

If you’re not registered, you may want to attend our October 11 Program – The Healing Impact of Restorative Justice: A victim mother shares her story.  And see first-hand the impact that restorative justice can have.

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National Voter Registration Day: Get Ready to Make Your Voice Heard

white sign with a picture of an American flag and the words "vote here."Today has National Voter Registration Day—a good time to remind everyone register to vote so that all eligible voters can make their voices heard on Election Day (which, by the way, is Tuesday, November 8). While Wisconsin allows same-day voter registration, save yourself the time and the hassle of doing it all on Election Day and register now.

You can register to vote online at MyVote up to 20 days before Election Day (para MiVoto en español, haga clic aquí), by mail up to 20 days before Election Day. This year, that means the deadline for online or mail registration is October 19, 2022.

You can also register in person at your municipal clerk’s office until the Friday before Election Day, and you can register at your polling place on Election Day.

I’ll explain how to register online at MyVote, but first let me explain who is eligible to register to vote in Wisconsin.

Eligibility to Vote
You are eligible to vote in Wisconsin if:
* you are a United States citizen, and
* you are 18 years old by or on Election Day, and
* you have lived for at least 28 consecutive days before Election Day in the election district or ward in which you want to vote, and
* you are not in prison on a felony conviction or on parole, probation, or extended supervision at the time of the election (also called “on paper).

If you are a student at one of Wisconsin’s colleges or universities and are originally from another state, you can still vote in Wisconsin (but you cannot, of course, vote in both your home state and Wisconsin). And if you’re a Wisconsin resident but at a Wisconsin college or university away from your hometown, you can vote where your college or university is.

Getting Ready to Register Online
Once you have determined you are eligible to vote in Wisconsin, you will need to register. If you have moved since the last time you voted, you will want to make sure you update your registration.

You can register online at MyVote if: (1) you are already 18 years old; (2) you have an unexpired Wisconsin driver’s license or Wisconsin state identification card; and (3) your name, address, and date of birth on file at the Department of Motor Vehicles (DMV) match the name, address, and date of birth you are using to register to vote. Let’s talk about each of these in turn.

First, to register online, you need to already be 18 years old. Those who will be 18 years old on or by Election Day can vote, but they will have to register through the hard copy paper process or in person on Election Day.

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AALS Pro Bono Honor Roll for Marquette University Law School

Marquette Law SchoolThe Pro Bono and Access to Justice Section of the Association of American Law Schools (AALS) this year is inaugurating a new initiative—the Pro Bono Honor Roll—and has invited each law school dean this year to name one faculty member, one staff member, and one student. For a definition that those familiar with Marquette Law School’s Office of Public Service may especially recognize, the section defines pro bono as “work that is primarily legal in nature, supervised by a licensed attorney (for law students), not for pay or academic credit, and of service to underserved individuals, groups, or those with barriers to access to justice.”

The invitation from the AALS was most welcome, and I turned to my colleague, Angela F. Schultz, assistant dean for public service, for “nominees.” It seemed to us that there might be value in our publicly explaining—and celebrating—the work of the three exemplars whom I thereupon named to the inaugural AALS Pro Bono Honor Roll.

Faculty: Rebecca K. Blemberg. Rebecca Blemberg, professor of legal writing, started volunteering with the Marquette Volunteer Legal Clinics (MVLC) before the pandemic and has continued as part of the volunteer crew in every subsequent semester (including summers). In recent years, she has spent more than 90 hours providing “brief legal advice” (the relevant term of art) on family law matters. It is not uncommon for Professor Blemberg to check in with Dean Schultz after a clinic about something she thinks she could have done differently or better or to offer an idea about adding to clinic resources to strengthen another volunteer’s experience.

Staff: Katie Mertz. Katie Mertz, director of pro bono and public service at the Law School, does a great amount to expand and support the Law School’s pro bono clinics and the involvement of Marquette law students and others. Just this past summer, she developed all the infrastructure necessary to host a new remote clinic intended to serve people in rural communities of Wisconsin (that clinic just launched earlier this month). She does a remarkable job keeping the Marquette Volunteer Legal Clinics’ substantive resources—the tools available for our volunteers to use as they navigate client questions—up to date and user-friendly. And Director Mertz draws on—pulls in—external experts on various topics to ensure accuracy and quality.

Student: Jeremy Fernando. Jeremy Fernando is a third-year law student who consistently shows up—even when he has already completed his own pro bono schedule and has already exceeded 120 hours of pro bono service, the level “required” for admission to our Pro Bono Society “with distinction” (he has performed almost 170 hours to date). Last year, when the expungement/pardon clinic was seeking consistent law student volunteers, Mr. Fernando answered the call and made a weekly commitment. This year, given class schedules, it has been a challenge to staff our Thursday-morning MVLC operation at the Milwaukee Justice Center with law students. Mr. Fernando noticed the call for student support and offered to pitch in until his own class begins. (The clinic runs from 9-11 a.m.)

Much more could be said about these honorees or others. In fact, the AALS submission does not require any explanation, but it is a privilege for me publicly to provide it here. Marquette Law School has sought to develop a “culture of pro bono” in recent decades. Lawyers in our community—some alumni, others not—are deeply involved. This particular post has been a welcome opportunity to celebrate the work of those who call Eckstein Hall their professional home.

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