Third Branch eNews

After sixteen years on the La Crosse County Circuit Court Branch 3 bench, Judge Todd W. Bjerke has made what he considers the difficult decision to retire July 31.

“It puts into perspective the change I expect or encourage of people appearing before me and how hard it is to make a significant life change, even when substances or mental health are not an obstacle to making such a change,” Bjerke said.

Bjerke has focused much of his judicial career on improving the court system’s response to people with mental health issues and helping others address challenges presented by mental health issues.

He has worked with the State Bar’s Wisconsin Lawyer Assistance Program (WisLAP) as both a mentor and on the Task Force on Lawyer Wellbeing. He serves as the president of the La Crosse chapter of the Alliance for Mental Illness, on the board of the La Crosse Lighthouse, and works with the Greater La Crosse Area Mental Health Coalition, the Campaign to Change Direction, and the La Crosse Overdose Fatality Review Team.

In 2010 he started the Area Veteran Mentor Program and the La Crosse Area Veterans Court to assist veterans with mental health, substance abuse and legal issues. Bjerke advises other judges to be aware of the far reaching effects of mental health on the judicial system.

“Mental health is fragile and the stigma associated with it makes it hard to detect,” he said. “Be aware of delays and how that affects others. That can include jurors called in who may have to sit by needlessly while an unprepared judge allows last minute motions, for instance.”

He also encourages judges to be mindful of their own wellbeing and to make time to relax and take time off to do things they enjoy.

After he leaves the bench, Bjerke said he plans on doing more of the things he enjoys, like traveling, gardening, hiking, biking and visiting his children and grandchildren. He also plans to continue to be involved in the various committees and organizations helping to promote veteran wellbeing.

Sheboygan County Circuit Court Judge Daniel J. Borowski will be stepping down from the Branch 5 bench at the end of his current term July 31.

During his seven years on the bench, Borowski has served as a director of the Judicial Conference and on the Judicial Conference Executive Committee. He also served on the 2017-18 and 2022-23 convenings of the Making the Record Committee, which was tasked with ensuring the integrity of the court system by protecting the ability to take and produce the court record.

“The title of ‘judge’ or ‘your honor’ does not elevate an individual above his or her peers,” Borowski told the Sheboygan Times when he first took the bench. “A judge is the servant of a system of justice, and I am humbled to have the opportunity to work with the judges, the lawyers, and the law enforcement officials in Sheboygan County to serve the citizens of this community.”

Borowski was first appointed in 2016 by then-Gov. Scott Walker, and elected in 2017. He had previously worked in private practice.

“I am most proud of being placed in leadership roles twice in my eight year career, during and after the pandemic,” Milwaukee County Circuit Court Judge David A. Feiss said of his time on the Branch 46 bench.

“We’ve had to create new systems and then try to climb our way out of a tremendous hole due to pandemic shut downs. Two different chief judges have tabbed me to lead these efforts in our criminal courts.”

Feiss was first elected in 2015, and re-elected in 2021. He had previously served as an assistant district attorney for Milwaukee County. He said he will miss working with jurors to help them understand the judicial system and how trials work.

“My advice for new judges is that these are leadership positions and leaders lead. Be on time, be prepared and never forget that the humanity of people who appear before you, both lawyers and litigants.”

Feiss identified gun violence and the extraordinary amount of trauma it creates in the community as the biggest challenge he has faced.

“There seems to be no end in sight, and it can feel overwhelming,” he said.

In his retirement he plans to travel, audit classes and teach financial literacy to perspective homeowners through Milwaukee Habitat for Humanity.

It is estimated that Milwaukee County Circuit Court Judge Christopher R. Foley presided over 4,000 adoptions during his 37-year judicial career, and it seems just about every one of them was special to him.

News of his last adoption proceeding – and his retirement as of July 17 – was published by the Milwaukee Journal Sentinel in a prominent feature article June 2.

Often, Foley would let the kids take an active part in their own adoptions by having them sit on the bench and bang the gavel to make the adoption official.

“It has been a remarkable privilege to touch the lives of so many children and families over these many years and to have them in turn touch my life, (wife) Deb’s life and the lives of my children, often in very profound ways,” he said. “In some measure I got nearly as much as I gave.”

Foley said he is proud that his daughter, Rebecca Foley Cramer, is continuing the family commitment to children and families as the Milwaukee Family Drug Treatment Court coordinator. That family commitment dates back to his predecessor on the Branch 14 bench, his father, Judge Leander Foley.

For other judges working with child welfare and juvenile justice, he encourages them to “color outside the lines.”

“Within the bounds of ethics go to their basketball games, concerts, and birthday parties,” he said. “Heck, go visit the ones you send to Corrections. You don’t realize the impact you can have on the lives of these children with just a little extra effort.”

Foley was first appointed to the Branch 14 bench in 1985, and elected seven times. He previously served as a city of Milwaukee municipal judge, Milwaukee County assistant district attorney and a law clerk for the Wisconsin Court of Appeals. He has served as the presiding judge for the Milwaukee County Circuit Court Children’s Division, and on the Juvenile Benchbook Committee and Juvenile Jury Instruction Committee. In 2021 he was awarded the State Bar of Wisconsin’s Lifetime Jurist award.

Foley said he will miss the incredible people he has worked with throughout the judicial system over the years.

“So many of them were so dedicated to the people we serve and particularly abused and neglected kids,” he said. “And of course I’ll miss the kids, but I’m keeping some of those as lifelong friends!”

When asked about his plans for retirement, Foley replied “Well, first of all, I am not retiring. Way too young and vibrant for that! I am stepping down from the bench.”

After stepping down, he plans to work in mediation, arbitration, and do some reserve judge work. He also plans to bike, swim, read and spend a lot of time with his grandchildren.

“I’m looking forward to the adventure of retirement and seeing where it leads,” said Sheboygan County Circuit Court Branch 2 Judge Kent R. Hoffmann, who is retiring at the end of his term July 31.

Hoffmann said he plans to hike the entire Appalachian Trail over the next few years by breaking it down into segments. He plans to travel with his wife to see symphony orchestras around the world. He will also spend more time volunteering with Kids from Wisconsin, an organization that selects and prepares talented young musicians to tour around the state performing throughout the summer. Hoffmann performed with the organization when he was in high school.

“While no longer active in performing, I attribute so much of what I accomplished in my career to the experiences and lessons learned spending those summers on the road performing. My career really comes back to that experience and that organization,” he said.

“The KIDS are well-known for the summer show tour, but the organization has expanded beyond that to provide music education to elementary aged children in under-served areas where there is little or no elementary music education. Most recently, a program (was) started to teach very talented children in those areas how to read music to open new opportunities for them. It is so exciting and heart-warming to be involved and watch the organization grow and touch the lives of more youth for the arts.”

Hoffmann was first appointed in 2016, and elected in 2017. He had previously served as an assistant district attorney for Sheboygan County and as a state public defender in Peshtigo and Milwaukee.

“When I became a judge, it was a challenge for me to sit on my hands, as I call it,” he said of the shift from trying cases. “I describe it as going from playing third base to becoming the umpire at third base. That was a real internal challenge and took me some time to make that adjustment.”

He encourages new judges to stay well-grounded in family and friendships because of how isolating the job can often be, and to keep in mind that the decisions they make affect the lives of individuals and families.

After almost 25 years serving on the Grant County Circuit County Branch 1 bench, Judge Robert P. VanDeHey will retire on July 31.

When asked what he is most proud of and what he will miss most, his answer was the same: “The people I work with, they make me look good.”

Among those people: court reporter Kathy White; judicial assistant Sara Hullermann; his previous judicial assistant and now Grant County Clerk of Court Tina McDonald; Register in Probate and Juvenile Clerk Jody Bartels; and fellow Grant County Circuit Court Judge Craig R. Day.

VanDeHey said he would also miss “having a legitimate excuse to wear a robe all day.”

VanDeHey was first appointed by then-Gov. Tommy G. Thompson in 1998, and was elected to the bench four times. He had previously worked in private practice and as the Lancaster city attorney.

When he first took the bench, he said Grant County was using a “one-size-fits-all” approach of incarceration, despite jail overcrowding issues costing the county hundreds of thousands of dollars.

“It was a challenge just to get a discussion started about less expensive and more effective alternatives,” he said. “The focus is still on public safety, but with an eye on fiscal responsibility. While we did build a bigger jail, we also developed a Criminal Justice Coordinating Committee, a Drug Court, an OMVI Treatment Court, and a Teen Court.”

VanDeHey has served as chief judge or the Seventh Judicial District since 2016. In 2020, he was selected by his fellow chief judges to serve a one-year term as chair of the Committee of Chief Judges. He had previously served as a deputy chief judge. He has also served as the chair of the Probate Benchbook Committee, and on the Juvenile Jury Instruction Committee, Judicial Conference Planning Committee, and the Wisconsin Judicial Council. He is a former faculty member of Juvenile Law Institute and Judicial Conference. In 2016, VanDeHey was named Judge of the Year by the State Bar of Wisconsin.

He advises new judges to try not to take anything under advisement, and not to worry too much about what the Court of Appeals might do.

“If you explain why something does or does not make sense to you, the Court of Appeals will probably agree,” he said. “I was overturned the first time I was appealed and survived another 24 years on the bench.”

During his retirement, VanDeHey said he plans to develop some grand-parenting skills due to the recent birth of his granddaughter.