| DECISION 2009 CANDIDATES FOR DANE COUNTY JUDGE |
1. The concept of the rule of law is the cornerstone of our democracy. It means that no person is above the law; rather, each of us is equal before the law. It
means that judges must decide each case by applying the law to the evidence presented, without consideration of their personal views or other extraneous
information.
The rule of law is an ideal that must always be the guiding principle of our judiciary. However, because human beings are not perfect, the rule of law is not
something that can be perfectly attained. Instead, it is what a judge should always be striving for in every decision they reach.
2. Judges should recuse themselves whenever they feel, for whatever reason, that they will not be able to remain completely neutral in following the rule of law
to decide a case. In addition, a judge should recuse themselves when there is, or reasonably could be, an appearance of impartiality or bias.
3. The disproportionate incarceration rate of African Americans should deeply trouble every citizen. I do not believe there is a single reason or cause for the
disproportionate rate of incarceration. Rather, it is a very complex problem involving structural and societal issues going back more than 200 years. Among the
more immediate contributory factors are changes in our sentencing guidelines, the loss of jobs in our economy, and inequalities in the public education system.
Thus, numerous factors have stacked the deck against many long before they even set foot in the courthouse. That said, judges must decide each case based on
the facts presented. In the criminal context, sometimes this means a defendant will be referred to the First Offenders Program, drug court, or some other
alternative sentencing program. But sometimes it means the defendant will receive a jail or prison sentence. o one should blame the judiciary when, for
example, a violent offender receives a stiff sentence that reflects the danger of his crime to his community or when a recidivist who has repeatedly flouted the
law commits another serious offense and is sentenced to prison.
I believe the disproportionate rate of incarceration is a long-term problem which each of us as citizens must work to address by ensuring that every person
has adequate housing, schooling, and employment opportunities. Judges can, and should, lead the way be speaking out about these issues, and especially on
issue of racial discrimination.
4. I have the experience of working for twenty-one years as a trial lawyer in both state and federal court. I have personally tried approximately 50 jury trials in
both criminal and civil cases. I have tried everything from speeding tickets to murder trials. My experience has taught me that the job of our criminal justice
system is not to obtain convictions at all cost, but to obtain justice in every case. My experience over the years has taught me to respect every person involved
in the judicial system. Every person deserves to have his or her case presented and decided fairly according to the law.
means that judges must decide each case by applying the law to the evidence presented, without consideration of their personal views or other extraneous
information.
The rule of law is an ideal that must always be the guiding principle of our judiciary. However, because human beings are not perfect, the rule of law is not
something that can be perfectly attained. Instead, it is what a judge should always be striving for in every decision they reach.
2. Judges should recuse themselves whenever they feel, for whatever reason, that they will not be able to remain completely neutral in following the rule of law
to decide a case. In addition, a judge should recuse themselves when there is, or reasonably could be, an appearance of impartiality or bias.
3. The disproportionate incarceration rate of African Americans should deeply trouble every citizen. I do not believe there is a single reason or cause for the
disproportionate rate of incarceration. Rather, it is a very complex problem involving structural and societal issues going back more than 200 years. Among the
more immediate contributory factors are changes in our sentencing guidelines, the loss of jobs in our economy, and inequalities in the public education system.
Thus, numerous factors have stacked the deck against many long before they even set foot in the courthouse. That said, judges must decide each case based on
the facts presented. In the criminal context, sometimes this means a defendant will be referred to the First Offenders Program, drug court, or some other
alternative sentencing program. But sometimes it means the defendant will receive a jail or prison sentence. o one should blame the judiciary when, for
example, a violent offender receives a stiff sentence that reflects the danger of his crime to his community or when a recidivist who has repeatedly flouted the
law commits another serious offense and is sentenced to prison.
I believe the disproportionate rate of incarceration is a long-term problem which each of us as citizens must work to address by ensuring that every person
has adequate housing, schooling, and employment opportunities. Judges can, and should, lead the way be speaking out about these issues, and especially on
issue of racial discrimination.
4. I have the experience of working for twenty-one years as a trial lawyer in both state and federal court. I have personally tried approximately 50 jury trials in
both criminal and civil cases. I have tried everything from speeding tickets to murder trials. My experience has taught me that the job of our criminal justice
system is not to obtain convictions at all cost, but to obtain justice in every case. My experience over the years has taught me to respect every person involved
in the judicial system. Every person deserves to have his or her case presented and decided fairly according to the law.
Questions
1. What is meant by “The Rule of Law”? How perfectly are justices
able to attain that standard?
2. In what types of situations should a justice recuse him or herself
from deciding a case? Please be as specific as possible.
3. Dane County has one of the highest incarceration rates of African
Americans in the state. What — if anything — can Dane County’s court
system do to lower this rate?
4. What are your attributes and qualifications that would make you a
good Dane County judge?
1. What is meant by “The Rule of Law”? How perfectly are justices
able to attain that standard?
2. In what types of situations should a justice recuse him or herself
from deciding a case? Please be as specific as possible.
3. Dane County has one of the highest incarceration rates of African
Americans in the state. What — if anything — can Dane County’s court
system do to lower this rate?
4. What are your attributes and qualifications that would make you a
good Dane County judge?
Stephen Ehlke
Julie Genovese
1.The bedrock of our judicial system is the rule of law — the principle that laws should be prospective (not retroactive), stable,
clear, and equally applied to every individual, no matter how rich or poor, no matter their race or religion, by an independent
and neutral judiciary.
As a Dane County Circuit Judge, I will strive to uphold the rule of law and to ensure that every individual who enters my
courtroom will be treated fairly and respectfully, and that the laws of Wisconsin are applied evenhandedly.
While it is unfortunately true that the rule of law is an ideal not yet realized in every circumstance for reasons beyond the
control of judges — whether it be because the law in a certain area is not clear or because of changes in the law over time —
judges must do their part to ensure an independent judiciary. This is why, for example, I have refused to accept campaign
contributions from special interest groups and have voluntarily limited individual contributions.
2. A judge should recuse herself from deciding a case anytime the judge’s ability to be impartial could reasonably be
questioned. As Wisconsin law states, recusal is required in a number of circumstances: when the judge is related to one of the
lawyers or parties involved in the case; when the judge has personal knowledge of any of the disputed facts or circumstances
underlying the dispute; and when the judge has a significant personal or financial interest in the outcome of the case. The
League of Women Voters has proposed that recusal is appropriate if a judge has accepted over $1000 in campaign
contributions from a party. By voluntarily limiting my individual contributions and refusing special interest money, I have
limited the circumstances where a financial bias could come into play.
3. There are many factors that have contributed toward the disproportionate confinement rates including: African American
boys are identified as a “problem” early in school and therefore get a record faster; African Americans get stopped by the
police for non-moving, mechanical violations more often; and African American men are arrested more and sentenced more
harshly for drug crimes. Further, we must look at the interaction of human services delivery, criminal prosecution methods,
sentencing, diversion programs and a host of other components to get at the causes of this problem.
I am hopeful that the work of The Dane County Task Force on Racial Disparities in the Criminal Justice System, which is
made up of representatives from many segments of the criminal justice system, will help in this regard.
Every day, the criminal justice system should use all the resources and tools available to it currently to combat this
problem. For example, we should continue to support and expand effective initiatives that currently exist to reduce recidivism
and/or provide drug and alcohol treatment (i.e. Pathfinders, SOAR, etc). Further, each and every one of us involved in that
system must be vigilant, mindful and thoughtful about what more we can do as individuals and what more we can do as a
system. I care deeply about this issue and if elected, will continue to listen to the concerns of the community.
4. It has been six years since voters have had the opportunity to fill an open seat on the Dane County Circuit Court. My
background fits well with what citizens want in a judge: broad experience in the courtroom and the law, independence and
integrity. In addition, I’ve been involved in the community, working in the schools and with my neighborhood association, and
providing free legal services to non-profit groups.
I have 20 years of broad legal experience as a trial attorney trying cases in state and federal courts, as a mediator, as a
lecturer at UW Law School, and as a Special Investigator for the Office of Lawyer Regulation. During and immediately after
college, I worked in a variety of human service jobs, including work with at-risk kids and people with disabilities.
After graduation (Harvard College, Vanderbilt Law) I served as a law clerk to Chief Justice Shirley Abrahamson before
joining a large firm. I was the first woman partner in the firm’s Madison litigation practice. I am the only candidate refusing
special interest money and voluntarily limiting individual contributions. Voters should have confidence that judges are
impartial decision makers and that justice is not for sale to the highest bidder.
I am honored to have earned the support of many community leaders of color including Judge Paul Higginbotham, Judge
Jim Martin, Anthony Brown, Peter Munoz, Ray and Linda Allen, Floyd Rose, Frances Huntley-Cooper, Rev. Richard Jones, and
Milele Chikasa Anana. In addition, I am honored to have earned the support of Senator Russ Feingold.
My pledge to voters is that I’ll be fair and respectful to all who come before me. I’m prepared to make tough decisions.
When people leave my courtroom, I want them to know they had a fair and complete hearing and that – win or lose – the law
worked as it ought to have.