Date: 2/14/2009
By RYAN J. FOLEY
Associated Press Writer
MADISON, Wis. (AP) — Unsolicited praise from a convicted cop killer isn’t the kind of endorsement that a judge with a tough law enforcement stance wants.
But that’s what Jefferson County Judge Randy Koschnick got from former client Ted Oswald, a man convicted of killing a police captain in 1994. The judge is now seeking a position on the Wisconsin Supreme Court.
In a letter sent from prison to The Associated Press, Oswald said Koschnick, his former public defender, did “exceedingly productive and good work” on his case in 1994 and 1995.
“If Judge Koschnick is selected for the Wisconsin Supreme Court, his voluminous first-hand knowledge of defense cases and the personalities of accused criminals would bestow to that court a fairer, more effective and more trustworthy perspective … .” Oswald wrote. “I only observed his practice on one case, but I would be inclined to see it his way.”
Oswald is serving a life prison term for killing a Waukesha police captain after robbing a bank with his father. Oswald, then 18, and his father were pulled over after the robbery and opened fire on police with semiautomatic rifles. They also took a woman hostage and injured two other officers before they were arrested.
Koschnick was assigned to represent Oswald along with colleague Samuel Benedict. They argued that Oswald’s abusive father brainwashed him into participating in the crime spree.
Koschnick’s defense of Oswald and his 14 years as a public defender before serving as a judge since 1999 have become an issue in his race against Chief Justice Shirley Abrahamson in the April 7 election.
Although Koschnick’s campaign has been endorsed by police chiefs, sheriffs and district attorneys, critics, in the past, have successfully argued that the work of public defenders undermines that of law enforcement. Another public defender-turned-judge, former Justice Louis Butler, was defeated in his re-election bid last year by critics who said his background indicated he was soft on crime.
Koschnick predicted his critics would exploit Oswald’s case but said he was proud of his work as a defense attorney. Still, he didn’t return the convicted killer’s praise.
“He is free to say whatever he wants, but his endorsement is no honor to me,” the judge said in a statement.
Copyright 2009 The Associated Press.
Reduce partisan fight over judges, lawyers urge
Wisconsin got its name in the national news for our Supreme Court race this spring, as one where a good judge got beat by a little known county judge with right wing rhetoric, see the below story. For the local story of the defeat of Justice Louis Butler,Jr. by Michael Gableman click here.
Attorney Gordon Johnson
http://gordonjohnson.com
http://wis-injury.com
http://wis-law.com
©2008 Gordon S. Johnson, Jr.
Date: 8/10/2008 12:17 PM
By MARK SHERMAN
Associated Press Writer
NEW YORK (AP) _ The American Bar Association is calling on the next president and Senate to reduce partisan tensions in federal judicial nominations.
The incoming president of the lawyers’ group, H. Thomas Wells Jr. of Birmingham, Ala., said Sunday that he also is enlisting the help of retired Supreme Court Justice Sandra Day O’Connor to study threats to fair and impartial state courts.
At the federal level, the White House should create a commission of Democrats and Republicans to recommend nominees for federal appeals courts and the two senators from each state should establish similar panels to evaluate and recommend federal trial judges, the ABA says in a resolution inspired by Wells. The proposal is certain to be adopted at the group’s annual meeting in New York.
The bipartisan panels would help “avoid the times when there have been really rancorous debates in the confirmation process,” Wells said in an interview with The Associated Press.
Nominations from Florida and other states that now use such commissions, Wells said, “almost never have bitter confirmation fights.”
Wells said that by acting ahead of this year’s election, the ABA — often criticized by Republicans for tilting toward the Democrats — will avoid being seen as favoring one party. He said he plans to write to Democrat Barack Obama, Republican John McCain and members of the Senate to urge them to adopt the commission approach.
In recent years, individual senators in both parties have blocked judicial nominees from a vote by the full Senate. Democrats filibustered several of President Bush’s nominees when they controlled the Senate during his first term.
Bush also has failed to consult senators on some of his choices. In one instance, his nominee for an appeals court slot from Virginia was not among the recommendations of the state’s senators, Republican John Warner and Democrat Jim Webb.
The nomination has since been withdrawn and Bush has nominated two other Virginians to fill vacancies on the 4th U.S. Circuit Court of Appeals who were among those recommended by the senators. One, former state Supreme Court Justice G. Steven Agee, was unanimously confirmed. The nomination of U.S. District Court Judge Glen Conrad is pending.
At the state level, Wells said his concern was sparked by recent expensive, and in some cases ugly, campaigns and some state legislatures’ refusal to provide enough money for state courts.
O’Connor has spoken out frequently in defense of judicial independence and said judges who must run in partisan elections risk being compromised by the growing amount of campaign cash they must raise.
She will head up a May 2009 summit in Charlotte, N.C., that will explore these issues, Wells said.
In April, a little-known county judge narrowly defeated a Wisconsin Supreme Court justice with a law-and-order message and a barrage of third-party ads in a race that will go down as one of the state’s nastiest.
Liberal and conservative interest groups spent millions of dollars on negative attack ads that blanketed the state’s airwaves for weeks.
The ABA also is part of a push to get the U.S. Supreme Court to take up a case from West Virginia, in which a state high court justice refused to step aside from ruling on a $76.3 million dispute involving a key booster of his 2004 election campaign.
Copyright 2008 The Associated Press.
Attorney Gordon Johnson
http://gordonjohnson.com
http://wis-injury.com
http://wis-law.com
©2008 Gordon S. Johnson, Jr.
Date: 8/10/2008 12:17 PM
By MARK SHERMAN
Associated Press Writer
NEW YORK (AP) _ The American Bar Association is calling on the next president and Senate to reduce partisan tensions in federal judicial nominations.
The incoming president of the lawyers’ group, H. Thomas Wells Jr. of Birmingham, Ala., said Sunday that he also is enlisting the help of retired Supreme Court Justice Sandra Day O’Connor to study threats to fair and impartial state courts.
At the federal level, the White House should create a commission of Democrats and Republicans to recommend nominees for federal appeals courts and the two senators from each state should establish similar panels to evaluate and recommend federal trial judges, the ABA says in a resolution inspired by Wells. The proposal is certain to be adopted at the group’s annual meeting in New York.
The bipartisan panels would help “avoid the times when there have been really rancorous debates in the confirmation process,” Wells said in an interview with The Associated Press.
Nominations from Florida and other states that now use such commissions, Wells said, “almost never have bitter confirmation fights.”
Wells said that by acting ahead of this year’s election, the ABA — often criticized by Republicans for tilting toward the Democrats — will avoid being seen as favoring one party. He said he plans to write to Democrat Barack Obama, Republican John McCain and members of the Senate to urge them to adopt the commission approach.
In recent years, individual senators in both parties have blocked judicial nominees from a vote by the full Senate. Democrats filibustered several of President Bush’s nominees when they controlled the Senate during his first term.
Bush also has failed to consult senators on some of his choices. In one instance, his nominee for an appeals court slot from Virginia was not among the recommendations of the state’s senators, Republican John Warner and Democrat Jim Webb.
The nomination has since been withdrawn and Bush has nominated two other Virginians to fill vacancies on the 4th U.S. Circuit Court of Appeals who were among those recommended by the senators. One, former state Supreme Court Justice G. Steven Agee, was unanimously confirmed. The nomination of U.S. District Court Judge Glen Conrad is pending.
At the state level, Wells said his concern was sparked by recent expensive, and in some cases ugly, campaigns and some state legislatures’ refusal to provide enough money for state courts.
O’Connor has spoken out frequently in defense of judicial independence and said judges who must run in partisan elections risk being compromised by the growing amount of campaign cash they must raise.
She will head up a May 2009 summit in Charlotte, N.C., that will explore these issues, Wells said.
In April, a little-known county judge narrowly defeated a Wisconsin Supreme Court justice with a law-and-order message and a barrage of third-party ads in a race that will go down as one of the state’s nastiest.
Liberal and conservative interest groups spent millions of dollars on negative attack ads that blanketed the state’s airwaves for weeks.
The ABA also is part of a push to get the U.S. Supreme Court to take up a case from West Virginia, in which a state high court justice refused to step aside from ruling on a $76.3 million dispute involving a key booster of his 2004 election campaign.
Copyright 2008 The Associated Press.
