Public Trust Initiative
Lessons Learned from a Great Fisherman (and Judge)

Inspiring public trust in lawyers, justice system requires innovation.

by Gerry Mowris

ON INDEPENDENCE DAY, WE lost a great colleague. The Honorable Jack Aulik, self-proclaimed "world's greatest fisherman," was a dedicated Dane County circuit court judge for more than a decade. Soon after he was assigned to Dane County Drug Court in 1990, he became frustrated with what he saw. The people who came into his court were not responding to the ever-increasing penalties imposed by the state Legislature. Many offenders needed help fighting addictions in order to find employment, further their education, secure housing, and successfully parent. He wasn't able to "catch" the offenders with the bait and tackle he had available to him. He knew, as an experienced fisherman, that he needed to get different equipment or move to a different spot. A new approach was necessary. Ultimately, with help from many others, he was able to start the Drug Diversion Program, nicknamed "drug treatment court." Meant to save costs and jail space and reduce recidivism by early intervention, it let defendants who admit to drug dependency commute their sentences by getting court-supervised treatment. Judge Aulik successfully launched this program, which he personally monitored. The program continues today with similar methods and a track record of statistically proven success.

The State Bar of Wisconsin and our profession need to be willing, as Judge Aulik was, to try new approaches to inspire public trust in our justice system. Public trust in lawyers is not only at an all-time low, it is decreasing. One recent poll showed that the percentage of people rating attorneys' honesty and ethical standards as "high" or "very high" dropped from 22 percent to 13 percent in the last decade. Trust in our justice system itself is undergoing a similar decline in public confidence.

More and more contracts call for binding arbitration, as companies view it as a better, faster, and cheaper alternative to using our civil justice system. A recent survey done by the Wisconsin Supreme Court shows that in some counties, nearly 70 percent of litigants are representing themselves in family law matters. Although many pro se litigants cannot afford legal counsel, others who could afford counsel are choosing to not hire lawyers to help them. Research in Wisconsin also shows skepticism in our criminal justice system. It is viewed by some as unfair, racially biased, and tilted in favor of the wealthy. Why is this? What can we do about this? Ignoring the problem is not the answer. Even if, as some contend, this is not reality but only a mistaken perception, we must deal with it.

The State Bar is taking steps to find answers to these questions. I am hopeful that by working with our partners in the Public Trust & Confidence Initiative - the Office of the Chief Justice, the Director of State Courts, and the League of Women Voters of Wisconsin - we can start to turn around some of these troubling trends. But we need your help. We need lawyers in all areas of practice to help move public trust in a positive direction. The Public Trust and Confidence Committee, chaired by Outagamie Circuit Court Judge Joe Troy, has gathered and analyzed national and state research on public perception of the justice system, identified pressing problems in Wisconsin, and outlined possible solutions. Some of these solutions may not be comfortable for all, and they may require us to change the way we do things. Much as fishermen need to change things when their approach is not working, we need to be willing to try something different if we want to build public trust in our system. To volunteer to help with the Public Trust Initiative, please contact me at (608) 255-4501 or at gmowris@prmk.com. Your involvement is key to our success.

Wisconsin Lawyer