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Vol. 70, No. 7, July
1997
At Issue
When Minds Meet,
Working Relationships Are Formed
Understanding the roles and operations of the Wisconsin
Supreme Court and Legislature results from an informational hearing between
the court and the Assembly Judiciary Committee.
By Rep. Mark Green
In this time of great political change, when the role of government -
its levels and branches - is being reexamined, the last thing lawmakers
can afford is ignorance of how government works. This principle led the
Assembly Judiciary Committee and the Wisconsin Supreme Court to an apparently
unprecedented informational hearing, on April 16, 1997, about their respective
roles and operations.
Participants approached the "get together" in the court chambers
from two vantage points.
"It is not by consolidation, or concentration of powers,
but by the distribution, that good government is effected."
- Thomas Jefferson, 1787 |
As Assembly Judiciary chair and a practicing attorney, I hoped our hearing
would address my growing concern over the lack of legal expertise and experience
in the State Legislature. Contrary to conventional wisdom, only about 10
percent of current Wisconsin legislators have a law degree - even fewer
continue to practice law while in public service. As a result, the very
institution that must review the judicial system's budget, help define criminal
and civil procedure, and pass most of the laws judges are asked to enforce
probably has less of an understanding of the courts than nearly any of its
predecessors.
On the judicial system's end, Chief Justice Shirley Abrahamson has undertaken
an outreach project, making significant strides in shredding the veil of
mystery that shrouds much of the judiciary's operations from public understanding.
The April meeting with legislative representatives extended her outreach
efforts.
To Reach Your State Legislator
State Representative (Name)
State Capitol
P.O. Box 8952 (Reps. A-L)
Madison, WI 53707-8952
or
State Representative (Name)
State Capitol
P.O. Box 8953 (Reps. M-Z)
Madison, WI 53707-8953
or
State Senator (Name)
State Capitol
P.O. Box 7882
Madison, WI 53707-7882
Legislative Hotline: (800) 362-9472
Legislators'
Email Addresses |
Regarding the hearing itself, Judiciary Committee members were impressed
by the personableness and warmth of Chief Justice Abrahamson and her colleagues.
No longer merely names in the State of Wisconsin Blue Book or distant
robed figures, legislators learned that the justices have senses of humor,
hobbies and interests. Committee members also were relieved to learn that
just as they had questions about the day-to-day workings of the court, the
justices had a few questions about the routines and workings of the Legislature.
This "personalizing" of the branches helped make the hearing a
great success.
The committee learned firsthand how the justices decide which cases they
will hear, which opinions each will write, and how published opinions are
formulated and finalized. Given that committee members together with the
justices represented both ends of the state's real lawmaking function, the
informational exchange can only help enhance government operations.
Prior to the hearing, Chief Justice Abrahamson and the committee chair
identified specific topics to help the committee address some of the issues
that are coming its way - like reserve judge qualifications and judicial
substitution. As a result, the justices spoke at length about the supreme
court's rule-making powers and process. The legislators knew little about
that facet of the court's work . . . the open meetings and deliberations
that occur before any rules are adopted. These discussions helped the committee
understand the intergovernmental significance of its approaching challenges.
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Rep. Mark Green, U.W. 1987, represents the 14th Assembly District which
includes parts of Green Bay, Ashwaubenon, Allouez and De Pere. He chairs
the Assembly Committee on Judiciary and the Assembly Majority Caucus.
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Finally, on a more practical note, the committee learned how the Capitol's
remodeling would affect the Wisconsin Supreme Court and the State Law Library.
Law libraries sound insignificant to nonattorneys. By the end of the meeting,
however, the need for complete access to library materials and the precision
with which those materials must remain organized was clear to the legislators.
In summary, the coffee and bagels were good, but the company was better.
Names and offices became people and colleagues. Challenges became more concrete
and understandable, and opportunities for governing partnerships became
more clear. Of course, a partnership is not a single event, but an ongoing
relationship. To that end, the committee hopes meetings between the Legislature
and the Wisconsin Supreme Court will become at least an annual event. |