Month: October 2015

Vacancy on the Court – Governor Appoints Judge Rebecca Bradley

Governor Walker announced he would take applications to fill the vacancy on the court, and that applications would be due October 2. Prior to Justice Crooks’ passing, three judges had jumped into the race to fill his spot in 2016: District I Court of Appeals Judge Rebecca Bradley, Milwaukee County Judge Joe Donald, and District IV Court of Appeals Judge JoAnne Kloppenburg.

Governor Walker announced on October 9 he will appoint District I Court of Appeals Judge Rebecca Bradley.

About Judge Rebecca Bradley:

Judge Rebecca Bradley was appointed to serve on the Wisconsin Court of Appeals by Governor Scott Walker in May 2015. She previously served as a Milwaukee County Circuit Court Judge since 2012, winning her first election in 2013. Judge Bradley would be the first to bring judicial experience on both the trial court and intermediate appellate court benches to the Wisconsin Supreme Court. Before answering a calling to public service, she practiced law for over 16 years.

Born and raised in the City of Milwaukee, Judge Bradley graduated from Divine Savior Holy Angels High School and then attended Marquette University where she earned an Honors Bachelor of Science in Business Administration and Business Economics in 1993. She earned her Juris Doctor from the University of Wisconsin Law School in 1996.

Judge Bradley began her legal career as an attorney with the law firm of Hinshaw & Culbertson, where she represented physicians in malpractice lawsuits and defended individuals and businesses in product liability and personal injury litigation and appeals. She moved to the firm of Whyte Hirschboeck Dudek, where she concentrated her practice in commercial, information technology and intellectual property litigation and transactions, co-chaired the firm’s Technology Law Group, and worked as an American Arbitration Association Arbitrator. Judge Bradley also served as Vice President of Legal Operations for an international software company.

In 2012, Judge Bradley was recognized as one of Milwaukee’s Leading Lawyers in Litigation, Business Law, and Internet Law by M Magazine. In 2010 she received the Women in Law Award from the Wisconsin Law Journal and was named a “Rising Star” Attorney on the 2010 and 2008 Wisconsin Super Lawyers list.

A leader in the legal community, Judge Bradley served as Chairman of the State Bar’s Business Law Section and co-authored the Wisconsin Business Advisor Series chapter on Internet law. She continues to serve on the Wisconsin State Advisory Committee to the U.S. Commission on Civil Rights and on the Board of Governors of the St. Thomas More Lawyers Society.

Judge Bradley also served as President of the Milwaukee Lawyers Chapter of the Federalist Society, an organization founded on the principle that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be.

Devoted to her community, Judge Bradley volunteered her services as an attorney to families of developmentally disabled youth in guardianship proceedings. She continues to serve on the Board of the Milwaukee Tennis & Education Foundation, which provides opportunities for central-city children to play tennis, improve academic performance and develop life skills and values. In 2012, Judge Bradley completed a six-year term with the Milwaukee Forum, a diverse group of leaders whose dialogue and involvement is designed to enhance greater racial understanding and improve the well-being of the Milwaukee community. Judge Bradley serves as a member of the Comprehensive Approaches to Youth who have been Sexually Exploited or CAYSE Committee, and continues to speak out in the community on the evil of human trafficking.

Supreme Court Justice Dies Unexpectedly

State Supreme Court Justice N. Patrick Crooks died of natural causes in his court chambers. Justice Crooks had announced just a few days prior to his death that he would not seek reelection in 2016.

Justice Crooks was first elected to the Wisconsin Supreme Court in 1996, and was reelected in 2006. Growing up, he attended Premontre High School in Green Bay, received his bachelor’s degree from St. Norbert College, and graduated third in his class at the University of Notre Dame Law School. Justice Crooks served as a U.S. Army officer at the Pentagon, in the Office of the Judge Advocate General where he attained the rank of Captain. He enjoyed private practice from 1966 to 1977, while he taught business law at the University of Wisconsin-Green Bay. He served as a Judge in Brown County for 19 years and was American Board of Trial Advocates (ABOTA) Trial Judge of the year in 1994. Justice Crooks was the father of six, and grandfather to twenty-one.

Dog Bite Law Up for a Change

Senator Frank Lasee (R-De Pere) introduced Senate Bill 286 on October 2. This bill proposes to change Wisconsin’s long standing, and flawed, “dog bite” statute. Under current law, Wis. Stat. § 174.02(1)(b) mandates double damages for dogs that cause injury to people, domestic animals, or property if they have previously done so. Current law does not take into account the severity or type of the damage done. For instance, a dog could cause minor property damage, which would count as the first bite, and then cause physical damage to an individual on the second bite. The owner would be liable for double damages the same as an owner whose dog caused disfiguring personal injuries on both occasions despite the fact that the first owner had no notice their dog was capable of causing such damage. SB 286 is an attempt to remedy this unfairness.

The largest change in this bill is to the double damages provisions. Now an owner may only be liable for double damages for injuries caused by their dog only if a dog bites a person with “sufficient force to break the skin and cause permanent physical scarring, or disfigurement” if the owner knew the dog had previously done so. This change ensures that dog owners will not unfairly have double damages triggered by minor damage to personal property.

The bill also increases the monetary forfeiture a court can level against owners for damage caused by a dog. Under current law for first time damage to “a person, domestic property, deer, game birds or the nests of eggs of game birds” the maximum forfeiture is $500. Under the bill it is raised to $2,500. Under current law the maximum penalty for subsequent acts is $1,000. Under the bill it is raised to $5,000.

SB 286 also changes who can request a court to order that a dog be killed. Under current law only the state or a municipality may ask a court to order a dog be killed if the dog caused serious injury to a person nor domestic amical on at least two separate occasions. Under this bill in addition to the state and municipality being able to make this request, a person injured by the dog or whose child was injured by the dog, or whose domestic animal was injured by the dog may also make this request.

SB 286 received a public hearing in the Committee on Insurance, Housing, and Trade on October 6.

WCJC is in support of SB 286.