Strong Week for the Wisconsin Criminal Law System

3L Ron Tusler forwards an important bit of news regarding the Wisconsin criminal justice system:

Governor Doyle recognized on Monday that Wisconsin needs to do more to comply with the Sixth and Fourteenth Amendment.  The Sixth Amendment requires that “in all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defense.”  Gideon v. Wainwright applied the Sixth Amendment to the states as a fundamental due process right.  372 U.S. 335 (1963).  The Gideon Court did not define indigency and the states are free to define it as they will.

Until Governor Doyle signed Senate Bill 263 into law, Wisconsin held an extremely low income threshold set in 1987.  As a student practitioner at the Outagamie County Public Defender’s Office last summer, the state required me to turn down individuals with less than $100 income per month.  Imagine telling someone with so little income that they were too wealthy for help.  That is a message many public defenders must deliver every day.  Imagine how many go on to inadequately represent themselves pro se.  Is that Constitutional?  I doubt the Gideon Court would approve. 

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Water and People Conference

2880829064_eae0f10628On Friday, February 26, 2010, Marquette University Law School (MULS) will hold its annual Public Service Conference at the Alumni Memorial Union on the Marquette University campus on the increasingly important topic of water law.  The conference, entitled “Water and People,” will address water issues in Wisconsin (as well as nationally and internationally), development and the environment, regulation, and water ethics.  Statewide leaders from business, government, and non-profit served on a steering committee that worked with Assistant Dean for Public Service, Dan Idzikowski, and myself (I coordinate the MULS water law program) to plan the conference.  Based on the group’s efforts, experts from Wisconsin, around the United States, and from Canada will gather to talk about some of the most important topics in the field of water law.  The conference will also feature a keynote address by Cameron Davis, senior advisor to the United States EPA Administrator for Great Lakes Restoration.  You can learn more about the conference and register for the conference at http://law.marquette.edu/cgi-bin/site.pl?2130&pageID=4303.

While no blog post can truly capture all that this conference will entail, here is a preview of the panels and topics.

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Mother and Daughter, Justly Proud

Wisconsin Supreme Court Justice Pat Roggensack and Milwaukee County Circuit Judge Ellen Brostrom are wary of almost all of the labels that people try to put on them and on other justices and judges.

But one label they are proud of is mother and daughter, and that was clear Thursday during an “On the Issues with Mike Gousha” session at the Law School. The two are believed to be the only mother and daughter to serve on the bench at the same time in Wisconsin history, Gousha said.

“You’ve just been an incredible role model for me,” Judge Brostrom told her mother. Justice Roggensack said she never intentionally put her daughter on the path to being a judge, but she agreed she was very pleased when Bostrom narrowly won election in 2009.

When Gousha asked how the two of them react to labels such as “conservative” or “liberal” when it comes to describing judges, Justice Roggensack said, “I think it’s a lazy definition.” The use of labels reflects the high degree of partisanship of the times, especially when it comes to elections. She said labels are useful in negative campaigning, which is the way campaigns “can hit hardest fastest.”

Most cases that come before the state Supreme Court don’t fit on a liberal-conservative axis, she said.

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