The Sheriff Must Run the Jail, But How Do You Know Whether a Facility Is a Jail?

Last week, the Circuit Court in Milwaukee County rejected the effort of Sheriff David A. Clarke to maintain control over the County Correctional Facility South.  (Judge Van Grunsven’s ruling is available here.)  Although the CCF-S (formerly known as the House of Corrections) was run for decades by a superintendent who was independent of the Sheriff, the County transferred control over the CCF-S to the Sheriff in 2009 as a result of security concerns at the facility.  However, the new management proved less than satisfactory to some important stakeholders.

Conflict over Clarke’s administration of the CCF-S seems connected to a wider ideological conflict between Clarke and other County leaders over the incarceration of relatively low-risk criminal offenders, with Clarke taking a very critical position regarding various criminal-justice initiatives that might be grouped under the heading “evidence-based decision making.”  (Background on the conflict is here; my critique of some of Clarke’s views is here.)  Clarke has been unsupportive of treatment programs and alternatives to incarceration, and his administration of the CCF-S has apparently reflected this perspective.  Finally, through its 2013 budget, the County Board decided to transfer control of the CCF-S back to a superintendent.  Clarke’s control over the downtown jail, which has been his all along, remains unaffected.

Clarke sued the County in order to block the transfer.  

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Property: Cat or Car, Pug or Rug?

He fell on hard times. He lost his job, then his home. His only option was to move into a homeless shelter. But he had two dogs he loved and could not bear to give them up. His dogs started off luckier than he did. Instead of surrendering them to a humane society and having to be split up and placed in new homes, he found the only place in southeast Wisconsin that would be able to spare them – a fledging organization known as “Keep Your Pets, Inc.”

Keep Your Pets, newly founded, is a safety net for pets and owners for crisis management. The concept is to provide temporary housing for pets, mostly dogs and cats, when their owners cannot provide for them. It may be due to illness, relationships with abuse, economic issues, accidents – there are many scenarios, some we can even imagine we could find ourselves in. But the outcome of this type of event has been tragic, until now. The typical options for pet owners are surrendering to a shelter (and usually not getting the pet back without lying to the shelter staff), pawning them off on friends, or euthanasia.

So, he found this option, and his two dogs were spared. Until his luck turned bad again.

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Restoring Public Confidence in the Judicial System

“[A] lawyer should further the public’s understanding of and confidence in the rule of law and the justice system because legal institutions in a constitutional democracy depend on popular participation and support to maintain their authority.”  Taken from paragraph six of the Preamble[1] to the Model Rules of Professional Conduct, this quote sets out our duty to educate the public.

In April 2009, then Wisconsin State Bar President Diane Diel discussed this very quote in a short article published in Wisconsin Lawyer magazine.[2]  The article focused on the negative effect judicial elections have on the public’s confidence in the judicial system — discussing current Justice Michael Gableman’s allegedly unethical ad that aired during his campaign against Justice Louis Butler and his subsequent disciplinary hearing — and the ever-controversial topic of judicial recusals, focusing on whether judges should be required to recuse themselves from deciding cases in which they received campaign contributions from an interested party.

Diel’s article seems to have foreshadowed the current turbulence in the Wisconsin Supreme Court, which has led to plunging confidence in the judicial system.  

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