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NEWSLETTER
October
2014
October Luncheon Programs
The Constitutional Prohibition Against the Government
Aiding Religion -- What does it mean in 2014?
by Rebecca S. Markert, Andrew Seidel, and Elizabeth Cavell
At noon on October 14, at the Madison Club, staff attorneys from the Freedom
from Religion Foundation (“FFRF”) will present on the constitutional prohibition against the government aiding religion. This session will explore the various,
complex issues at the intersection of church and state under current constitutional
principles.
Rebecca S. Markert, Senior Staff Attorney for the Freedom from Religion Foundation received her J.D. from Roger Williams University School of Law. At FFRF,
she is primarily responsible for a First Amendment caseload that includes matters involving religion in public schools, religious symbols on government property, prayer
breakfasts organized by local governments and electioneering by churches.
Andrew Seidel, staff attorney for the Freedom from Religion Foundation, graduated magna cum laude from Tulane University Law School. At FFRF, he is primarily
responsible for a First Amendment caseload that includes matters involving religion
in public schools, Ten Commandments displays and school vouchers..
Elizabeth Cavell, staff attorney for the Freedom from Religion Foundation,
received her J.D. from Tulane University Law School. At FFRF, she is primarily
responsible for a First Amendment caseload that includes matters involving religion
in public schools.
Addiction Ethics and the Practice of Law
by Linda Albert
At noon on October 28, at the Madison Club, Linda Albert will give her presentation “Addiction Ethics and the Practice of Law.”
A national study illustrated that substance abuse is a factor in 80% of attorney
disciplinary complaints. Overall, attorneys are reported as having twice the rate of
alcohol or drug dependence and twice the rate of mental illness than the general population. This seminar examines problematic substance abuse, the interface between
impairment and ethical violations, and best practices to insure continued fitness to
practice. The DCBA will apply for ethics credit for this presentation.
(Continued on next page)
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DCBA New Lawyers
Making a Difference
October Luncheon Programs
Continued from Page 1
Linda Albert is a Licensed Clinical Social
Worker and a Certified Alcohol and Drug Counselor. She received her Master’s Degree from
UW-Madison in Social Work. She has professional
assessment/treatment/referral competencies in the
areas of addictions, eating disorders, depression,
anxiety, trauma and illness impacted by stress.
Linda has worked over the past 30 years as an
administrator, consultant, trainer and psychotherapist in a variety of settings including providing
services to impaired professionals. Currently she
is employed by the State Bar of Wisconsin as the
WisLAP Manager where she works exclusively
with lawyers, judges and law students.
Members of the New Lawyers Section, and friends. Left
to right; Ashley Fueger, Andrew Brenton, David Blinka,
Breanne Snapp, Wade Pittman.
The DCBA is Delivering at
the Farmers’ Market
Attorneys David Blinka and Andrew Brenton,
both members of DCBA’s New Lawyers Section
(“NLS”), were among a group of local attorneys
who volunteered with Habitat for Humanity on
September 6. The volunteer site day, organized by
Habush Habush & Rottier, S.C.’s Madison office,
saw the two NLS members join in the fight against
poverty and homelessness by helping to build a
house in Sun Prairie that will provide shelter to a
family of need.
Member participation in the Habitat for Humanity cause is but one example of NLS’ engagement in community outreach. NLS also plans
CLE programs, networking events, and pro bono
activities geared toward helping members bridge
the gap between law school and professional practice. Please visit the “New Lawyers Section, Dane
County Bar Association” Facebook page to stay
current on NLS upcoming activities.
The DCBA Delivery of Legal Services Committee will be handing out information to the public
at the Dane County Farmers’ Market on October
18, 2014. The Committee’s goal is to publicize the
free and reduced-fee legal resources that are available in our community. We need volunteers to
staff the information table for short, 60-minute
shifts, during the hours of 8:30 to 12:30.
If you would like more information about giving time to this worthy cause while attending one
of the last outdoor Farmers’ Markets of the year
please contact Jennifer Binkley at 608-442-3003
or via email at jenniferbinkley@yahoo.com.
MARK YOUR CALENDARS
The Senior and New Lawyers section is having
a joint event on Oct. 16 from 5-7pm with presentations from Pat Fiedler and potentially Tom
Still. Watch for details under “Coming Events”
on the DCBA home page. And, we will eblast the
info as soon as location and speakers are confirmed.
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A Word From The
President
mentee to mentor hits so much harder. No matter
how long you’ve been practicing, there are times
when you wish you could bounce strategies and
ideas off of those legal giants that mentored you. And, when your mentors are no longer there, the
sense of loss is great. The Changing of the Guard
By Sarah A. Zylstra
What makes the transition hard is that many of us
feel that our mentors at our age knew more than
we do, making us sometimes feel ill-equipped and
not ready to complete the transition from mentee
to mentor. Whether our mentors really did or not
is a moot point as the changing of the guard is
inevitable. It will happen whether we are ready
for it or not.
Ok. Last month, I started and ended my column
with references to Joan Rivers. Within a week or
two of its release, she died unexpectedly. Needless to say, I am a little uneasy mentioning anyone
in my writing at the moment. You would think
that I could write about someone I dislike, but my
Catholic guilt gets in the way.
Still, Joan Rivers’ unexpected demise brings to
the forefront an issue we all have to face. Yes, our
mortality, but that is not what I mean. Joan Rivers’
daughter, Melissa, produced her weekly show. Rivers also had three others who hosted her show
each week with her. I am sure that each would say
that Rivers had a huge impact on their careers and
that she was a mentor to them like no other.
And so it is in the legal profession. Most of us
have someone in our careers who had a huge
impact on our development and who we consider
our mentors. More formalized mentorship programs are more common today than when I started
practicing. (Dane County Bar Association has
a tremendous one for new lawyers, by the way,
thanks in large part to Jack Sweeney, Josh Kindkeppel, and the late Joe Melli.) But even without
a formal mentorship program, most of us had to
learn from someone. I do not offer any great wisdom for how to handle
the transition. However, it does remind me of
something my mother used to say about being a
parent of nine kids. She was often asked why she
had nine kids. Not one to give a serious answer,
she often replied, “I had nine kids because it took
me that many times to figure out what I was doing
as a parent.” Of course, my mother would then
add, “of course, by the time the ninth child was
born, I was too tired to put it in practice.” If you have any wisdom to offer on how to handle
the transition to being the mentor, send your
wisdom my way and maybe I can compile the
responses and share them in a future article. For now, though, and in memory of Joan Rivers, I
leave you with a few of her great one liners:
•
The first time I see a jogger smiling, I’ll consider it.
• I hate housework. You make the beds, you do
the dishes, and six months later, you have to
start all over again.
• I knew I was an unwanted baby when I saw
that my bath toys were a toaster and a radio.
• Education? I spit on education. No man is
ever going to put his hand up your dress looking for a library card. (Note: Rivers went to
Barnard, the women’s college affiliated with
Columbia, and was extremely well-read.) Thanks for reading!
Of course, once you’ve been in practice for years,
you become more comfortable in the practice and
you know how to handle various situations. And
then one day, when you are not looking, young
lawyers begin asking you questions and you begin
teaching them what you learned over the years. And so it is that you begin your transition to becoming the mentor.
I think for most of us, offering what we know
and helping young lawyers learn is not a difficult
transition. However, when we are forced to give
up reliance on our mentors, the transition from
3
FRIDAYS AT 4 Please join us for another Fridays at 4 event in October! End your week by relaxing and socializing with fellow members of the bar over refreshments and light snacks. Fridays at 4 events are sponsored by the DCBA and hosted on a monthly basis by area law firms. When: Where: Friday, October 17, 2014, 4-­‐6 pm Bell, Moore & Richter, S.C. 44 East Mifflin Street, 10th Floor, Madison Parking: Parking available in the adjacent ramp or on the street.
Cost: FREE
Who: Open to DCBA members. (Feel free to bring a non-­‐member guest!) RSVP: RSVP to Terrie Smith at tsmith@bmrlawyers.com or (608) 259-­‐2325. Upcoming Fridays at 4 events: • November 14 – University of Wisconsin Law School • December 12 – Kasieta Legal Group, LLC (at a new address: 559 D’Onofrio Drive, Suite 222) Would your law firm like to host a Fridays at 4 event in 2015? Please contact Lis Shea at shea.elis@gmail.com. 4
Ole Stolen: A Strange Legal Footnote to One of Madison’s Legendary Stories
By Ed Reisner and Paul Humphrey
Sometimes a case can make or break a legal career. For Ole Stolen, it may have done both. Buried in
Dane County’s legal history is this bizarre story, and Ole’s piece of this story may exemplify Nelson
Mandela’s famous quote “I am not a saint, unless a saint is a sinner who keeps on trying.” This story
starts in the early 20th Century in the Greenbush neighborhood near Regent and Park Streets. Known as
“the Bush,” this neighborhood at that time was a predominantly poor Italian neighborhood populated by
immigrant day laborers. On September 6, 1911, seven year old Annie Lemberger disappeared from her first floor bedroom in
the family home located in the Bush. Three days later her lifeless body was found floating in nearby
Lake Mendota. This horrible crime sparked a manhunt for the killer and a prosecution which ultimately
resulted in 2 men being charged and convicted for the crime. Neither of the men would finish out their
sentences. A few days after Annie’s body was found, police took into custody a neighbor, John “Dogskin” Johnson,
a small-time criminal who had also spent time in the Mendota Asylum for the insane. But, inflamed by
the newspaper, many in town began to suspect that Annie’s father, Martin Lemberger had accidentally
killed his daughter, perhaps after a bout of drinking. Although he proclaimed his innocence, Dogskin was
charged. Seeing that the community was developing into a mob, Dogskin suddenly did an about-face and
pled guilty. He was convicted, and started serving his time at Waupun. All this happened within a week
of Annie’s death. Two days after Dogskin was safely in prison and away from the mob, he recanted his
confession. Nine years would pass before the next chapter in this saga would unfold. By 1920, local Attorney Ole
Stolen had become Dogskin’s lawyer, and chose to rehash the case in front of a pardon board. Stolen had
little or no criminal law experience and focused on implicating Annie’s father in her death. During the
week-long pardon hearing, a friend of the Lembergers, Mae Sorenson, testified that one of Annie’s brothers had told her the day after the murder that Martin had caused Annie’s death by hitting her over the head
with a bottle. Martin Lemberger was arrested and charged with 2nd Degree Murder, but convicted of 4th
Degree murder. Dogskin Johnson’s sentence was commuted, setting him free in 1922. Martin Lemberger
was freed from jail on a technicality, and was not prosecuted. Riding this notoriety, Ole Stolen ran successfully for Superior Court Judge for Dane County. Judge Stolen
somehow became indebted to a number of bootleggers and District Attorney Phillip LaFollette started
an investigation into Judge Stolen’s treatment of these bootleggers in his court. Ultimately this led to a
Supreme Court Ethics investigation and Judge Stolen’s disbarment. Yet, that was not the end of this case or Ole Stolen. In 1930, Ole won his petition for reinstatement to
the Bar and began to seek compensation for Dogskin’s 10 years in prison. Thus the Lemberger murder
case was again in the news and prompted another re-opening of the murder investigation. Mae Sorenson,
whose testimony had freed Dogskin and accused Martin Lemberger failed a polygraph, and recanted her
prior testimony. She claimed that Ole Stolen had promised her $500 for her false testimony, but the $500
had never been paid. Attorney Stolen continued a “threadbare” practice in Madison until 1958, when he retired and moved to
the West coast. This may have been the case that made his career, and may have also ruined his career. It
was certainly a bizarre chapter in an already strange Madison story. 5
Dear Pro Bono Supporter:
I would like to ask for your help to
increase the number of lawyers who
are nominated for the 2014 Wisconsin Pro Bono Honor Society. The
Pro Bono Honor Society is an annual recognition program that was
launched last year by the Wisconsin
Access to Justice Commission and
the pro bono program at the State Bar of Wisconsin as a way to recognize Wisconsin lawyers who are
volunteering their time to provide access to justice for low-income Wisconsin residents. As the fall season
approaches, now is the time to start thinking about this recognition opportunity. The 121 lawyers in the
2013 Wisconsin Pro Bono Honor Society was a good start for our first year but we want to make sure that
every lawyer who qualifies for membership self-nominates or is nominated by someone knowledgeable
about their service.
How can you help? We hope that you will share information about this recognition opportunity, with your
colleagues and members of your firm.
What is the Wisconsin Pro Bono Honor Society? - It is an annual recognition opportunity to recognize
Wisconsin lawyers who are meeting the highest standards of pro bono service by providing at least 50
hours of qualifying pro bono legal services to benefit low income Wisconsin residents in 2014.
What pro bono services qualify? Eligible pro bono legal services for this program means the direct
provision of legal services without fee or expectation of fee, or at a substantially reduced fee to:
1. persons of limited means;
2. organizations in matters that are designed primarily to address the needs of persons of limited means;
or
3. charitable, religious, civic, community governmental and educational organizations to secure or
protect civil rights, civil liberties or public rights so long as a substantial majority of such services benefit
persons of limited means or organizations that serve persons of limited means
How will nominations be made? Nominations can be made using a simple online form on the Access to
Justice Commission’s website at http://wisatj.org/probonosociety.
What does inclusion in the Wisconsin Pro Bono Honor Society mean? First, it doesn’t mean that you
have to go to more meetings. Instead, an annual list of the honorees will be posted on the Access to Justice Commission and State Bar websites as well as in their publications. The Commission is working with
other bar associations and local judges to organize local recognition events. We will also be contacting
local media to highlight the pro bono contributions of lawyers in the yearly Pro Bono Honor Society.
We hope that the Wisconsin Pro Bono Honor Society will support and encourage pro bono service in Wisconsin. You can always find pro bono opportunities that fit your interests and skills through the searchable
online pro bono directory on the State Bar’s website www.wisbar.org/probono. And the State Bar’s Pro
Bono Coordinator, Jeff Brown, is always available by phone (608-250-6177) or email (jbrown@wisbar.
org) to help you find the right pro bono opportunity.
Thank you for all that you are doing to improve access to justice for all Wisconsin residents.
Sincerely,
Jim Gramling
President
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People Who Wear
Amicus Briefs
people etc . . .
Boardman & Clark LLP announces the addition of Evan Tenebruso as the firm’s newest associate. Evan is an experienced trial lawyer and will
practice with the firm’s Litigation Practice Group.
Evan received his J.D. from the University
of Wisconsin Law School in 2011. During law
school, he served as a judicial intern to Justice N.
Patrick Crooks of the Wisconsin Supreme Court. Following law school, Evan spent three years
working for a Milwaukee-area insurance defense
firm. In his practice he represents insurances companies, individuals, and businesses in tort litigation
and insurance coverage disputes.
The Law Offices of Christenson and Allex,
LLC announces that Mark T. Johnson, U.W.
2008 cum laude, has been named a partner in the
firm. Johnson’s contributions in the areas of elder
and special needs law, estate planning, and estate
and trust administration have been integral in the
firm’s goal to provide exceptional client services.
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7
Newsletter
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Permit #1
Madison, WI
Dane County Bar Association
Post Office Box 44008
Madison, WI 53744-4008
Address Service Requested
Printed on Recycled Paper
Board of Directors 2014 - 2015
Officers & Past President
A publication of the Dane County
Bar Association for its more than
1,400 members.
Contributions are encouraged. The
deadline for accepting articles and
advertisements to be published is the
10th of each month. Announcement of an event does not
constitute an endorsement of it.
Dane County Bar Association, Inc.
Post Office Box 44008
Madison, Wisconsin 53744-4008
Telephone: (608) 848-1950
Email: law@dcba.net
Executive Coordinators
Bob & Le Jordan 848-1950
DCBA Web Site
www.dcba.net
President
Sarah Zylstra 283-1741
President-Elect
Sarah Walkenhorst 658-1989
Treasurer
David Friedman 256-0155 Secretary
Eric Ryberg 255-6663
Past President
Elisabeth H. Shea 469-2670 Directors-at-Large
Harvey Wendel 268-5578
Janice Wexler 661-7600
Committee Chairs
Case Mediation
Kathleen Quinlan 258-4660
Courthouse
Ruth Westmont 244-9494
Delivery of Legal Services
Jennifer Binkley 204-9642
Finance
David Friedman 256-0155
History and Memorials
Paul Humphrey 266-4211
Judicial Selection
Howard Goldman 255-6300
Eric Ryberg 255-6663
Law for the Public
- OPEN Long-Range Planning
Sarah Walkenhorst 658-1989
Membership & Special Events
Chad Lawler 767-1505
Communications
Kevin Palmersheim 836-6400
Program
Jordan Corning 259-0226
David Bolles 403-3249
Section Chairs
Criminal Law
Mario White 266-9158
Emily Thompson 266-9107
Mentorship
Jack Sweeney 264-9457
Josh Kindkeppel 837-7386
Senior Lawyers
Earl Munson 283-1796
In-House & Government Lawyers
Laura O'Flanagan 266-2599
Aisha N. Smith 246-1773
New Lawyers
Christina Tenuta 347-1753
Adam Woodford 257-1369
Board members' email addresses are available on our website
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