Funding Civil Legal Aid

Alberta Darling had a lot on her plate in the late winter of 2011. As co-chairman of the Joint Finance Committee in the Wisconsin Legislature, the 66-year-old senator from River Hills, described on her website as having “a passion for protecting, educating, and improving the lives of children,” was one of the chief stewards of Governor Scott Walker’s Budget Repair Bill, the legislation that would spark one of the fiercest protests in the history of Wisconsin, and in fact, force Senator Darling to face a recall election.

But if threats of protests and recalls and the prospect of voter dissatisfaction would not cause her to veer off course, it was not surprising that the promise and presence of $2.6 million in civil legal aid — money designated to help poor people with legal problems — was no deterrent. That the funding did not come from tax revenue but instead from a court surcharge was meaningless. That Wisconsin had been the second last state in the country to fund civil legal aid was irrelevant. The money disappeared.

Well not quite disappeared. In a twist that still rankles those who worked so hard to get that money into the budget, Senator Darling’s committee did not cut the funding from the budget, it gave the money to district attorneys.

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The Use and Misuse of History

In his novel 1984, George Orwell imagined a future world where a government at war could switch allegiances with the country’s enemies and allies and a docile public would accept the revised version of history unquestioningly.  Orwell, a keen observer of the modern world, recognized that history itself could be manufactured and manipulated in the service of broader purposes.

This morning’s edition of the Milwaukee Journal Sentinel contains an opinion piece by Chrisitian Schneider of the Wisconsin Policy Research Institute (WPRI) entitled “Not What They Meant Democracy to Look Like.”  In it, Mr. Schneider argues that the current effort to recall Governor Scott Walker and other elected state officials runs contrary to the original intent of Senator Bob La Follette and other advocates of the recall provisions of the Wisconsin State Constitution.  His op ed is excerpted from a larger piece that Mr. Schneider has authored for WPRI entitled “The History of the Recall in Wisconsin.

In the newspaper piece, Mr. Schneider makes the assertion that “a review of documents and press accounts from the time the recall constitutional amendment passed shows that the current use of the recall is far different from what the original drafters had envisioned.”  His argument is that the recall provisions of the Wisconsin Constitution were intended to apply solely to judges and state senators, and not to executive branch officials such as the governor, because the two year term of office in place for governors at the time that the amendment passed would have made the recall of a governor impractical.

The historical record is completely contrary to Mr. Schneider’s assertion.  Moreover, the evidence that he relies upon is completely inadequate to establish the existence of the skewed original intent that he advances.

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Electronic Filing Has Arrived in the Milwaukee County Circuit Courts

As of today, eFiling is now available in Milwaukee County for family and civil cases.  John Barrett, the Milwaukee County Clerk of Circuit Court, referred in this press release to eFiling’s “fast, secure filing” and “ease of use and cost efficiency”, among other benefits.  The Wisconsin Court System website also includes a demonstration of the process and tutorial.

A person wishing to use eFiling must register with the Consolidated Court Automation Programs (CCAP). The eFiling website may be used at any time, any day to file or access a document.

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