Education Round-Up: Union Leader Out, Voucher Testing In

So much going on. It’s hard to keep up. So here’s a round-up of a few things on the local education scene that are actually pretty important, but haven’t gotten much attention in recent days:

MTEA executive director is out: Stan Johnson, the executive director of the Milwaukee Teachers’ Education Association, is out, continuing a period of difficulties and instability in leadership of the union.  Johnson resigned last week “for personal reasons,” according to a union spokesman who said there would be no further comment. But Johnson’s abrupt departure suggested it was not an amiable matter.

Johnson was previously president of the Wisconsin Education Association Council, the union organizations which has been at the heart of education politics in Wisconsin in recent decades. He was one of the most widely known teachers’ union figures in the state.

 In a period when all teachers’ unions have been facing a lot of challenges, the MTEA has had had the complication of continuing leadership issues.  Tom Morgan was named executive director in 2007, succeeding long-term union leader Sam Carmen. But Morgan died of a heart attack while on a vacation cruise in March 2010. Since then, the union went through several interim directors and a search for a new executive director that ended with no candidate being selected Carmen came out of retirement for  several months and it was during Carmen’s return that the MTEA reached a four-year contract agreement with the Milwaukee School Board. Johnson was hired after Carmen returned to retirement last fall.

With Johnson gone,  long-time union staffer Sid Hatch has been named acting executive director. Separately, the union is installing a new president this week. Mike Langyel, who was president the last two years (and was president from 1991 to 1993 as well), has retired and Bob Peterson, a veteran teacher who is nationally known for his work on social justice issues and his founding of the Rethinking Schools education publication, is the new president.

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New Counsel, Continuances, and the Sixth Amendment — Lawyers Don’t Always Have to Take the Case as They Find It

The Seventh Circuit had an interesting new decision a couple weeks ago on the Sixth Amendment right to choice of counsel, United States v. Sellers (No. 09-2516).  Among other notable aspects of the case, former U.S. Supreme Court Justice Sandra Day O’Connor sat on the panel.

Here’s what happened:

Sellers initially retained attorney David Wiener to represent him against the drug and gun charges.  Apparently, shortly after Sellers engaged Wiener, Wiener approached attorney Michael Oppenheimer and asked him to appear as secondary counsel. Oppenheimer, by all indications, was a stranger to Sellers, having never been hired by him. Nevertheless, Oppenheimer filed an appearance, Wiener did not. (3)

Trial was set for May 12, 2008.  On May 7, Sellers requested a continuance so that he could proceed with counsel of his choice, David Weiner, who was scheduled to try another case in state court on May 12.  The district judge ultimately moved the federal trial back to May 19, but that conflicted with yet another case Weiner was scheduled to try in state court.

On May 16, Sellers informed the court that he wished to fire Oppenheimer and retain new counsel.  On May 19, the date trial was supposed to begin, Sellers informed the court that he had a new lawyer, but the new lawyer would only file an appearance if a continuance were granted so that he could adequately prepare for trial.  The court denied this request, requiring Sellers either to proceed pro se or with Oppenheimer.  Sellers chose Oppenheimer, and he was convicted and sentenced to fifteen years in prison.

The Seventh Circuit, however, held that the denial of a continuance violated Sellers’s right to counsel of his choice.

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