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
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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
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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.
Wisconsin Lawyer