February 16, 2023 at 11:22 a.m.
Oneida County Judge candidate profiles
Oneida County Judge candidate profiles
Oneida County judge Mary Roth Burns
What about your career experience most qualifies you for position of circuit court judge? Or, related, of all your skill sets, what is the most important that you could bring - or do bring - to the bench as a judge?
I am the only candidate in this race who is a judge. There is no substitute for judicial experience. Every day in my courtroom I apply the law to the facts, without politics or ideology. And I invite anyone to come to my courtroom anytime to watch me in action and see for yourself the work I do on the bench to uphold the rule of law, to keep our communities safe, and to make sure everyone gets a fair shake.
Judges also need diverse legal and real-life experiences. As an attorney, I practiced law in 10 Wisconsin counties before more than 20 different judges. That experience gave me important insights about judicial temperament, style, procedure, and attitude. I saw firsthand what was most effective, fair, ethical and efficient. My own strong work ethic and my extensive courtroom and legal experience informs my work in my courtroom.
My life and career experiences are diverse as well. I went back to law school after my two girls were grown. They were raised in Rhinelander, went to our public schools, and graduated from Rhinelander High. My experience outside of the law includes owning a small business, working as a reporter for the Rhinelander Daily News, and teaching. That broad life experience also helps me be a better judge.
Please describe your judicial philosophy - the underlying set of ideas and
beliefs that guides you in cases and in interpreting the law? Would you
describe yourself as a judicial activist, or judicial minimalist?
I am a common-sense judge. My judicial philosophy mirrors my personal philosophy: respect others, listen carefully when people are before me, be calm, honest and fair, know the law and follow it.
What is the role of a judge?
The role of a judge is to apply the law fairly, objectively and equally to all parties, to protect the rights of all parties, and to proceed with honesty and transparency. Residents need to have confidence that the judicial system is operating in a fair and timely fashion.
A judge needs to convey fairness by being equally respectful to all parties, moving cases along efficiently, and communicating effectively and patiently. In order to communicate effectively in this era, a judge must also be technologically proficient so that Zoom hearings run as smoothly as in-person hearings. And, especially at hearings about criminal cases (which include homicide, robbery, sexual assault), a judge should limit the use of legalese and strive to speak plainly and simply so that defendants understand when the judge explains their rights. In the courtroom, the judge should be able to maintain order without sacrificing compassion.
In addition, organization is important to manage the calendar and the staff. The judge is also part of the larger courthouse team. She must work with other judges, attorneys, and courthouse staff - and we are fortunate to have excellent courthouse staff in Oneida County - to maintain a positive, collegial relationship. That atmosphere helps foster confidence in the judicial system of Oneida County and the State of Wisconsin.
What do you think is the most important attribute a circuit judge should have?
There are three: independence, intelligence, and integrity. A judge must come to each case without a preconceived idea about the outcome. A judge must not be beholden to special interests or political ideology - a judge must know the law and be able to apply it in complex cases. Finally, a judge must have integrity: a judge must have the highest standards, work in an organized, efficient and ethical fashion, and be committed to following the law.
Do you support bail reform in Wisconsin, and why or why not?
When setting bonds (i.e. bail), judges should have the discretion to consider a person's criminal history, ties to the community, family support and ability to pay a cash bond - as well as the likelihood that that person will show up for his or her next court hearing. But there is also an inherent unfairness if a cash bond is mandated for all cases, because wealthy individuals charged with crimes are able to pay that cash bond while those with less means cannot. Every judge should be able to use his or her discretion when setting bonds.
How do you view incarceration - is its purpose more punitive or rehabilitative, and what is the proper balance?
Incarceration can be both punitive and/or rehabilitative. The proper balance depends on the character of the defendant, the nature of the offense, and the need to protect the public. For serious offenses involving individuals with addiction issues, prison might be the best option to punish them for their crimes while also giving them the opportunity to participate in the Department of Corrections' substance abuse treatment programs. Otherwise, those with substance abuse issues complete their incarceration time and are released without any treatment to help them avoid repeating their offenses.
On the other hand, for some more minor offenses, especially if restitution is involved, locking someone up prevents that person from working to earn enough to pay the restitution. Judges must keep communities safe, be good stewards of taxpayer dollars, and provide opportunity, where appropriate, for offenders to turn their lives around.
What sets you apart from your opponents? Why should voters vote for you?
Voters have a clear choice in this race. I am the only candidate with judicial experience. I have a proven track record as a fair, ethical, knowledgeable judge who treats everyone with respect and applies the law as it is written. Voters cannot be sure what kind of judge either of my opponents would be.
I also bring a unique combination of legal and life experiences to my work as a judge. As a mother who now has grandchildren ranging in age from 4-13, I am dedicated to keeping our communities safe and strong. That is why I am working to start a Drug Treatment Court in Oneida County.
Drug Treatment Courts hold offenders accountable, give them a chance to turn their lives around, save taxpayer dollars and help stop the revolving door of crime. I have experience starting a similar program in Vilas County: neither of my opponents has prior experience with drug courts.
This is a non-partisan election and I have broad, bi-partisan support. Voters know that I am trustworthy and reliable, that I know Oneida County well, and that I conduct myself with common-sense and honesty. I would be honored to continue serving all the people as the Judge in Oneida County Circuit Court, Branch 1.
Oneida County corporation counsel Michael Fugle
What about your career experience most qualifies you for position of circuit court judge? Or, related, of all your skill sets, what is the most important that you could bring - or do bring - to the bench as a judge?
I have the personal attributes and broad legal experience needed to be an excellent judge. These qualities have enabled me to create a productive and collaborative work environment within Corporation Counsel and with Oneida County departments and other county entities. I am respected as a leader and a good manager because I have a strong work ethic and value my coworkers and support staff, treating everyone with respect. I am an excellent listener and a decisive decision maker but know that a rush to judgment without considering all sides of an issue often results in a poor decision. My knowledge and experience in various areas of the law combined with the collegial environment that I foster will enable me to manage my courtroom and schedule effectively in order to best serve the people of Oneida County.
My strong communication skills are a vital component of my productive management and leadership, and integral to the practice of law. The need to communicate clearly has been especially apparent for handling sensitive cases involving families. I demonstrate compassion for people who are in court on what are (usually) suboptimal circumstances. I recognize that a person's actions do not necessarily define them but that there are resulting effects and consequences for actions. As both a public defender and a prosecutor protecting the most vulnerable, I have experienced the importance of being able to explain the applicable law and rulings in a clear and compassionate manner in order to optimize each individual's chance for future success and to support a healthy community. As a judge for Oneida County, my professional knowledge and experiences, leadership skills and commitment to clear communication will enable me to make sound and fair legal decisions.
Improving the health of our communities involves a well-functioning legal system. Ultimately, judges play a leadership role needed to affect meaningful change. In particular, I believe that it is crucial to find and implement methods to constructively address mental health. Many criminal and CHIPS & JIPS cases have, at their core, mental health issues which inhibit the actors from conforming their conduct in an appropriate manner. The "warehousing" of the mentally ill in correctional institutions and jails does not treat the root issues and creates a revolving-door situation. I believe that through good communication, the judiciary can take a lead role by asking the questions and framing the issues to collaboratively work towards methods to effectively address the mental health issues that afflict individuals, burden the community, and exacerbate criminal behavior.
Please describe your judicial philosophy - the underlying set of ideas and beliefs that guides you in cases and in interpreting the law? Would you describe yourself as a judicial activist, or judicial minimalist?
It is a circuit court judge's job to apply the law as has been determined by the U.S. Supreme Court, Wisconsin Supreme Court and Wisconsin Court of Appeals. Judges should not insert themselves or their personal beliefs into the judicial process as doing so corrupts the courts and the law. It is simple enough for a court to be activist; a judge merely needs to structure a decision where the critical components are characterized as findings of fact (discretionary determinations generally not subject to review) rather than findings of law (which are controlled by precedent of the appellate courts). However, judges should limit their findings of fact to only what is necessary. A court should avoid the appearance that the court reached a conclusion that the court wants to reach. Judges should take great effort to ensure each decision is objectively impartial and based on established law.
What is the role of a judge?
Simply, the judge's role is to apply the facts of the case to the law without permitting one's biases or sympathies for a litigant to affect the result. A primary duty is to ensure that parties appearing before the court receive due process - that parties have the opportunity to present their case. A judge has a responsibility to the community and litigants to ensure that the court calendar is managed appropriately by balancing the need to move cases forward while ensuring that attorneys have sufficient time to prepare for the next court date.
What do you think is the most important attribute a circuit judge should have?
The most important attribute of a circuit court judge is the ability and fortitude to make decisions with which the judge disagrees because it is the correct legal decision.
Do you support bail reform in Wisconsin, and why or why not?
I support bail reform as it appears on the April ballot because it would incorporate into the Wisconsin Constitution the methodology that courts ought to use in determining bail. An accused's prior record, the seriousness of the crime, and the need to protect the public from serious harm are all relevant factors to consider in setting bail. I do not believe that the proposed amendment will expand cash bail. However, the proposed bail reform amendment will accurately reflect the factors that are reasonable in setting cash bail.
How do you view incarceration - is its purpose more punitive or rehabilitative, and what is the proper balance?
Sentencing is more an art than a science. A judge cannot shy away from imposing a sentence of incarceration when appropriate. Generally, the more serious the crime, the more likely that incarceration is required. A judge should start the analysis to determine if a probation sentence is an appropriate disposition. When considering a sentence for a non-violent crime, it is presumptively reasonable to construct a sentence focused on rehabilitation and treatment. Such considerations are necessarily mitigated by the criminal history of the defendant, which ought to be a significant part of the analysis. The safety of the community is an important aspect of the calculus. Repeat offenders have usually received the benefit of prior attempts at rehabilitation and treatment so the focus will more quickly shift to constructing a sentence that is more focused on removing the defendant from society. When prior efforts at a softer form of preventing recidivism have been unsuccessful, it becomes necessary that the punishment involves incarceration.
What sets you apart from your opponents? Why should voters vote for you?
My extensive courtroom experience across all areas of the law - criminal defense, small claims, evictions, contracts, civil disputes, family law, prosecution (children needing protection (CHIPS & JIPS), mental health act and guardianship) - sets me apart from the other candidates. I have tried over twenty-six cases to a jury, evenly split between criminal and civil cases. I am an excellent lawyer with a record of good judgment, solid leadership, and a heart for service. I have been recognized by my peers as a 2008 Rising Star, and appointed in 2017 and serving on the Commission for Children, Families & the Courts by Wisconsin Chief Justice Roggensack.
I am an excellent listener and a decisive decision-maker who considers all sides of an issue when making decisions and a strong communicator. My knowledge and experience in various areas of the law combined with the collegial environment that I foster will enable me to manage my courtroom and schedule effectively. I have the skills, experiences and judgment to serve as an exceptional judge.
Oneida County district attorney Michael Schiek
My name is Michael Schiek and I have decided to run for Oneida County Judge because I want to continue my civil service to Oneida County residents.
I have been practicing law for over 20 years. Within that time, I have been involved in many aspects of the legal system. This includes private practice for the first 10 years of my career.
During this time, I represented hundreds of clients in many types of cases, conducting 18 jury trials; including personal injury, family law, small claims, insurance defense, juveniles, and criminal defense, often accepting appointments from the State Public Defender to represent indigent clients.
My representation for clients required appearances in numerous counties, where I interacted with different court staff, attorneys and judges and observed the judicial process from an objective standpoint. I was able to gain valuable experience with these other jurisdictions that helped shape my career.
I took advantage of an opportunity in 2012 to run for Oneida County district attorney and was elected. I have since been re-elected in 2016 and 2020 and currently hold that position.
As district attorney, I have handled thousands of cases from numerous law enforcement agencies, including over 28 jury trials, complex evidentiary rulings and negotiated settlements. These cases include, homicides, sexual assaults, battery, thefts, crimes against children, OWI's and many others.
During the course of my current position, I have made many difficult decisions, some unpopular, facing criticism, but I was not swayed by public opinion, rather I based my decision on the law and facts. I would continue this philosophy as judge, interpreting statutes, legal precedent, and apply the facts.
That is the role of a judge, to apply the law to the facts. I have no agenda, no ideologies, this is a non-partisan election. I do not take any position on laws which may be changed or are currently in legislation. I would follow the law as it is. If the law changes, I would comply with those changes.
The attributes of a judge should include neutrality, patience, and respect to the judicial process. All judges are bound by the Code of Judicial Conduct, which can guide judges, when assistance is needed.
Coinciding with my professional career, I was also active within the legal community as a volunteer judge for High School Mock Trial, Past-President of the Tri-County Bar Association, District 9 representative for the Wisconsin Association of Criminal Defense Lawyers and member of the State Bar of Wisconsin. I have also been active in the local community, volunteering time.
Additionally, and just as important for experience, I am a veteran, receiving an honorable discharge after four years in the United States Marine Corps, where I served with marines from all over the United States and was deployed throughout the world. I am a husband and father of two daughters.
I enjoy everything Oneida County has to offer and would like to keep it a safe place to enjoy and raise a family. The diversity of my life and legal career, through professional, military and personal experience, sets me apart from other candidates.
Additional information can be found at Schiek for Oneida County Judge Facebook page.
Richard Moore is the author of "Dark State" and may be reached at richardd3d.substack.com.
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