Brace Yourself for a Year of Negativity in Politics, Kind Warns

Wisconsin needs someone to bring the state together politically, Congressman Ron Kind said Tuesday, but he stuck by his decision not to offer himself as that person when it comes to running for governor in the recall election expected in the next few months.

“I’ve got a full plate now,” Kind told Mike Gousha, the Law School’s distinguished fellow in law and public policy, at an “On the Issues” session in Eckstein Hall. Kind cited his role on the House Ways and Means Committee, which plays a central role in dealing with issues such as spending and health care, as well as the needs of his family, including two teenage boys.

Kind, a Democrat who represents much of western Wisconsin in the House of Representatives, often has been mentioned as a possible candidate for governor or senator, but has declined to seek those offices.

“What’s desperately needed in our state is some reconciliation,” Kind said, criticizing the way Republican Governor Scott Walker pushed through changes in the state budget and in state law. He called Walker’s approach “unfortunate” and said, “It certainly wasn’t the Wisconsin way” which aims to bring people together.

“I don’t know what it is going to take to restore some comity to our political process,” Kind said.

Kind is often labeled a centrist. He told Gousha that political life, both in Washington and in Madison, has become harder for those in the middle because “more radical voices” have been empowered through changes such as spending by special interests and primary election campaigns in which those further to the left or right have had the upper hand in each party.

Kind discussed a range of major policy issues, including health policy, taxes and spending, and American involvement in Afghanistan and Pakistan. Among those in the audience: Milwaukee Mayor Tom Barrett, a friend and often times ally of Kind.

Looking to the coming elections in Wisconsin, including a presidential contest, Senate contest, legislative races, and the expected recall of the governor, Kind said there is going to be a lot of negativity. “We need to brace ourselves,” he said. “This is going to be a pretty ugly political year.”

A video recording of the session can be viewed by clicking here.

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Difficulties Arising Out of No-Merit Reports

Under Wisconsin Statute 809.32(1), an attorney representing a criminally convicted client on appeal must file a no-merit report if he or she:

concludes that a direct appeal on behalf of the [client] would be frivolous and without any arguable merit within the meaning of Anders v. California, 386 U.S. 738 (1967), and the [client] requests that a no-merit report be filed or declines to consent to have the attorney close the file without further representation by the attorney.

A no-merit report is essentially as it sounds, a report to the Court of Appeals stating that the client has no arguable case.  Once a no-merit report is filed, the client may choose to respond.  If the client does not respond, or does and the court finds that there are no meritorious claims, the court will affirm the conviction.

This situation, however, brings to light an interesting predicament for convicted individuals. 

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Dieter Juedes Wins Second Best Oralist at Spong Tournament

Yesterday I wrote that the Marquette moot court team was a quarter-finalist at the Spong Invitational Tournament at William & Mary School of Law. Since then, the team learned that one of its team members, Dieter Juedes, won the distinction of second best oralist for the entire competition. Congratulations to Dieter on this accomplishment.

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