March 30, 2023 at 11:02 a.m.
Schiek, Burns vie for Oneida County judgeship
Earlier this year, during the spring primary season, The Lakeland Times asked the candidates for Oneida County circuit judge - incumbent judge Mary Roth Burns and Oneida County district attorney Michael Schiek - a set of the same questions and both responded in timely fashion. (Oneida County corporation counsel Mike Fugle also answered the questions but has been eliminated from the race.) Burns answered the questions one-by-one; Schiek combined his answers in an in-sum statement. We thought readers would like to refresh themselves with both candidates before they head to the polls next Tuesday:
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 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, OWIs 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.
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