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    Wisconsin Lawyer
    July 01, 2004

    Legal News and Trends

    Wisconsin Lawyer
    Vol. 77, No. 7, July 2004

    Legal News & Trends

    U.S. Court of Appeals seeks applicants for bankruptcy judge

    The Judicial Council of the Seventh Circuit is seeking applicants for a bankruptcy judge position for the U.S. District Court for the Eastern District of Wisconsin, headquartered in Milwaukee. The term of office is 14 years.

    Interested parties may obtain an application from the Bankruptcy Court Web site or by contacting the Bankruptcy Court Clerk for the Eastern District of Wisconsin, Clerk of the U.S. Court of Appeals for the Seventh Circuit, U.S. Courthouse, 219 S. Dearborn St., Room 2780, Chicago, IL 60604. Applications must be received by Aug. 14.

    Long-term court reporting contracts prohibited

    Say farewell to long-term contracts between parties to a lawsuit and court reporters. Under a new law effective April 27, 2004, court reporters are prohibited from taking a deposition unless they have entered into a contract for court reporting services that is limited to a particular action or incident. (2003 Wisconsin Act 227)

    The State Bar Individual Rights and Responsibilities Section supported the law change because it believes long-term contracts for court reporting services create the appearance of impropriety and call into question the impartiality of court reporters as officers of the court.

    Attorneys needed for public defender cases statewide

    The Wisconsin State Public Defender (SPD) requests your help. The SPD has experienced a significant increase in cases in recent years. Additional private appointment attorneys are needed statewide to handle this increase, but especially in the Stevens Point, Wausau, Green Bay, Eau Claire, and La Crosse areas. Attorneys with appellate practice experience also are needed.

    Cases are appointed on a rotational basis. Attorneys may accept or decline cases offered when they are contacted. Basic trial level certification requires only that the attorney requesting certification be licensed to practice in Wisconsin. No special training or experience is required for entry-level misdemeanor cases. Basic appellate level certification requires that an attorney submit a brief filed in an appellate court or complete three credits of appellate procedure training or its equivalent (such as law school courses, clerkships, or clinical programs).

    The Wisconsin State Public Defender offers frequent no-cost/low-cost training programs. The 2004 Annual Criminal Defense Conference, Oct. 7 - 8, in Milwaukee will cover most aspects of criminal law practice. The SPD Web site provides useful practice guides, case law summaries, and a brief bank. An electronic mail list also is available as an easy way to share information and receive expert advice from colleagues.

    According to Atty. Deborah M. Smith, State Public Defenders Office Assigned Counsel Division, Madison, "The work is exciting and rewarding. It is a good way to perform public interest work and refresh your advocacy skills." For more information, visit www.wisspd.org or contact Smith at (608) 261-8856 or smithd@mail.opd.state.wi.us.

    State Bar CLE sweetens the pot

    Free CLE. State Bar CLE Seminars is offering a free CLE seminar certificate to attorneys who sign up for appointments and take five cases. The offer also applies to attorneys who have not taken a case in at least two years. "This is a critical need," says Atty. Tom Dixon, CLE Seminars director, "and a constitutional mandate. If we can encourage the private bar to help meet this critical need in some small way, we're happy to do it."

    Should custodial interrogations be taped?

    hould Wisconsin law enforcement move toward recording custodial interrogations? The Avery Task Force, formed by Assembly Judiciary Committee Chair and attorney Rep. Mark Gundrum (R-New Berlin), weighed this question as it heard testimony on June 22 from law enforcement from the Twin Cities and Denver about their experiences with video interviewing.

    Lt. Jon Priest with the Denver Police Department told task force members that participants in the criminal justice system have come to see the benefits of video interviewing since the department initiated it in 1983. According to Priest, preserving an electronic record of interrogations aids the investigator in preparing for a case, prosecutors in making filing decisions, defense attorneys in determining their ability to successfully go to trial, psychologists in rendering opinions, and jurors in deciding the guilt or innocence of the accused.

    Sgt. Neil Nelson with the St. Paul Police Department noted that law enforcement did not warmly embrace the 1994 Minnesota Supreme Court decision in State v. Scales, 518 N.W. 2d 587, requiring that all custodial interrogations be electronically recorded when feasible; however, officers have seen first-hand the positive effects of videotaping. Calling it "the most powerful tool shoved down our throat," Nelson said such recordings preserve the integrity of the system by providing a clear and accurate record and can be used to counter claims of improper police conduct.

    Based on the compelling testimony presented at the hearing, the task force is considering recommending to the legislature the creation of a five-county pilot program for initiating electronic recording of custodial interrogations in Wisconsin. The Avery Task Force is debating this and other changes to Wisconsin's criminal justice system to decrease the likelihood of wrongful convictions. Any proposed reforms must be approved by the full legislature, which reconvenes in January of 2005.

    The task force has a diverse membership, including judges, criminal defense attorneys, prosecutors, law enforcement officials from across the state, and legislators with criminal justice backgrounds. It bears the namesake of Steven Avery, who spent 17-plus years in prison for a crime he did not commit.

    Nominations sought for 2004 Marygold Melli Achievement Award

    When you think of Wisconsin women who have significantly advanced the interests of women, the legal profession, justice, and society as a whole, who immediately comes to mind? The Legal Association for Women invites you to nominate that individual for the 2004 Marygold Melli Achievement Award.

    Presented annually since 1994, the award recognizes Wisconsin women who have made significant contributions to women in the law by advancing the interests of women in the legal profession, promoting improvements in the administration of justice, promoting equality and social justice for all people, or improving relations between the legal profession and the public.

    The award honors Marygold Melli, professor emerita at the U.W. Law School, who managed a distinguished career at the school while writing prolifically, performing extensive community and professional service, and raising four children.

    Previous award recipients are: Ruth B. Doyle, Atty. Mary Lou Munts, Chief Justice Shirley Abrahamson, Hon. Barbara Crabb, Atty. Diane Greenley, Prof. June Weisberger, Prof. Louise Trubek, Atty. Susan Steingass, Atty. Pamela Barker, Atty. Eunice Gibson, and Atty. Burneatta Bridge.

    Visit www.wisbar.org/wislawmag/2004/07/news.html to download a nomination form, or contact Nancy Wettersten at (608) 252-9388 or ncw@dewittross.com. The deadline for nominations is Aug. 30.

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