Letters
The Wisconsin Lawyer publishes as many letters in each
issue as space permits. Please limit letters to 500 words; letters
may be edited for length and clarity. Letters should address
the issues, and not be a personal attack on others. Letters endorsing
political candidates cannot be accepted. Please mail letters
to "Letters to the Editor," Wisconsin Lawyer,
P.O. Box 7158, Madison, WI 53707-7158, fax them to (608) 257-5502,
or email them.
Clarifying the New Citation System
SCR chapter 80, effective
Jan. 1, 2000, changes the citation method for any published opinions
of the supreme court or the court of appeals to one that is independent
of any particular printed version. The new citations will include
the year of the decision, the name of the court issuing the decision,
and the sequential number of the opinion assigned by the court
at the time of its release. For example, a citation from the
Wisconsin Supreme Court will appear in this format: Blue v.
Green, 2000 Wis 345. Pinpoint citations, if needed, indicate
a paragraph number. In the article "Wisconsin
to Use New Citation System in 2000," found on page 9
of the July Wisconsin Lawyer, it may have been unclear
that even under the new rules an initial citation still must
include the volumes and page numbers of both the Wisconsin
Reports and the North Western Reporter in which the
opinion is published in addition to any public domain citation.
For example, Blue v. Green, 89 Wis. 2d 296, 456 N.W. 2d
234, 2000 Wis 345.
Supreme Court
Order 95-01, setting forth the new citation system, can be
found on page 34 in the August Wisconsin Lawyer.
WL Editors
Slowdowns in Judicial Confirmations
Threaten Institutional Independence of the Judiciary
The recent reported Senate slowdown in judicial confirmations
threatens not so much the decision-making independence of individual
judges, but perhaps even more ominously, the institutional independence
of the judiciary as a separate and co-equal branch of government.
Slowdowns that commence before any presidential election year
are a particularly disturbing trend. For example, as of June
1, 1999, fully one-fourth of the positions on the 9th Circuit
had not been filled.
In previous judicial nomination and confirmation slowdowns
during the Clinton administration, the Senate and the White House
battled mainly over the perceived political ideology of individual
nominees. One recent slowdown, however, is a product of political
maneuvering completely unrelated to the judiciary. Some Senators
vowed to stall some or all presidential nominations, including
judicial nominees, in response to a controversial recess appointment
of an ambassador. (The Constitution allows the President to make
a temporary appointment during a congressional recess; the recently
appointed ambassador is eligible to serve without Senate confirmation
through the end of 2000).
The judiciary in particular should never be forced to suffer
the fallout of political battles between Congress and the White
House. Adequate judicial staffing and resources are clearly in
the public interest.
Our executive and legislative branches now have the opportunity
to demonstrate their support for a strong and independent judiciary.
It is time for the political branches to honor their commitment
to timely nomination and confirmation of our federal judges.
Lawrence S. Okinaga, President
American Judicature Society
Seth S. Andersen, Director
Hunter Center for Judicial Selection
Judicial Campaigns: Appoint Judges
From Panels of Screened Aspirants
Now that the mud has settled following our recent Wisconsin
Supreme Court judicial election, I wonder whether it isn't
time that some serious thoughtful consideration be given to the
method by which our judicial offices are filled.
In my 50 years of law practice we have seen the shift in judicial
elections from mostly personal appeals based upon claims of experience,
character, and expertise in the law, to divisive, emotional,
unfounded, and baseless charges against opponents, whether or
not they are incumbents. Obviously, the advent of television
has given judicial candidates an avenue to get a message to the
general public, most of whom in the past had been pretty much
oblivious of judicial races. Now 20- and 30-second spots are
mixed in with other commercials in every situation comedy, soap
opera, and sports telecast.
The recent supreme court election hit a new low. Except for
a few petty and mostly irrelevant personality clashes, it consisted
of the challenger making the amazing claim that the incumbent
Chief Justice understood the intent of the Bill of Rights and
had the audacity to apply and uphold those rights, even in cases
where their application was unpopular with the general public.
The bar as a whole should be embarrassed by the use of such
tactics and determined to do something about it.
I can already hear the moans, mostly from nonlawyers -
more than 80 percent of whom did not bother to vote in the recent
election - that they will be deprived of their right to
choose judges. Nonetheless, I think that a well-prepared and
presented campaign, pointing out the advantages of appointing
judges from panels of screened aspirants who later run on their
records, can succeed.
Does the State Bar have the fortitude to suggest and work
for such a change?
Daniel T. Flaherty
La Crosse
Suggestions for Bar to Better Serve Members
I join in the objection made by Jeffrey M. Gonyo published
in the letters column in the May issue. I find the payment
of dues and mandatory membership in the State Bar of Wisconsin
financially burdensome, and the dues increase obviously doesn't
help.
As a member of both the Minnesota and Wisconsin bar associations,
I have compared the attitude toward and services provided to
members. I do not feel that I receive fair value for my Wisconsin
membership dues. Perhaps this is due, in part, to the fact that
I do not reside in Madison or Milwaukee.
I believe the State Bar of Wisconsin could better serve its
members by decreasing the amount of "junk mail" sent,
charging fees on the basis of services actually provided, and
providing for payment of dues based on income earned. After all,
isn't the function of the Bar association, at least in part,
to serve the needs of its members?
Patricia J. (P.J.) Miller
Wilson
Correction to Military Pension Article
The article, "A
Primer on Dividing a Military Pension" in the August
issue contained an incomplete sentence. The last sentence on
page 19 should read, "An active duty member's retired
pay is calculated on years and months of creditable service and
base pay at retirement." The remainder of that paragraph
is correct.
WL Editors
Pondering ...
Why do banks charge you a "non-sufficient funds fee"
on money they already know you don't have?
Tell people that there are 400 billion stars and they'll
believe you. Tell them a bench has wet paint and they have to
touch it.
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