Patricia A. Barrett December 30, 2014 - TownNewsbloximages.chicago2.vip.townnews.com/wiscnews.com/... · RESUME with REFERENCES Patricia Ann Barrett, JD PROFESSIONAL ADMISSIONS: State

Patricia A. Barrett

December 30, 2014

Office of Governor Scott Walker Attn.: Chief Legal Counsel 115 East State Capitol Madison, WI 53702

Re: Sauk County Branch 1 Judicial Appointment

Dear Governor Walker:

Enclosed you will find a completed application, resume with references, and two writing samples I am submitting for you and your judicial selection team to consider. Separate letters of recommendation have and will be forwarded directly via email.

I look forward to having the opportunity to answer any questions and to meet personally, if I am recommended further in the process.

Thank you for your anticipated consideration.

Cordially,

Patricia A. Barrett

RESUME with REFERENCES

Patricia Ann Barrett, JD

PROFESSIONAL ADMISSIONS: State Bar of Wisconsin -6/1986 to present Western Dist. WI Federal Ct. - 6/1986 to present Eastern Dist. WI Federal Ct. - 7/1992 to present US 7th Circuit Ct. of Appeals - 1/1989 to present

LEGAL EMPLOYMENT/EXPERIENCE:

1/1995 - 1/2013 SAUK COUNTY DISTRICT ATTORNEY As the Sauk County District Attorney for eighteen years, my legal experience covered the gamut from numerous first degree intentional homicides; serial sexual sadist; school related shooting death; cold case files; conspiracy to solicit murder; child pornography; child and adult sexual assault; child abuse; Chapter 980 sex. predators; embezzlement; drugs; criminal misdemeanors and traffic matters; juvenile delinquencies; DNR matters; to special prosecution appointments. The majority of my jury trials covered 5 + days. Additionally, I managed an office of four additional ADAs and nine support staff, requiring both state and county annual budgets. During my entire term, I was a frequent speaker and lecturer. I served on the Wisconsin DA IT committee in the late 1990s, which was the start of statewide IT for all DAs offices. I also served on the Governor’s Committee regarding Child Abuse in the late 1990s.

4/1992 -12/1994 LITIGATION ASSOCIATE - TAGGART & ROY, SAUK CITY, WI As the office’s litigation associate, I handled personal injury; civil litigation; criminal defense; business contract matters; municipal matters; family cases; as well as being licensed to write Title Insurance.

5/1989 - 3/1992 LITIGATION ASSOCIATE - WICKWIRE GAVIN, MADISON, WI As the office litigation associate, I appeared in State and Federal Court involving arbitration; mediation; complex commercial litigation; reviewed contracts, indemnity provisions and insurance policies; as well as writing for “The Daily Reporter”.

6/1986 - 5/1989 LITIGATION ASSOCIATE - LAW OFFICES OF STRAUB AND SCHUCH, MADISON, WI I started my legal career solely in litigation as in-house counsel for Wausau Insurance Companies, appearing before DILHR, State and Federal Courts. I handled cases as defense counsel for Title VII employment discrimination; workers compensation; 42 USC Sec. 1983 Civil Rights violations; as well as State and Federal venue claims of police excessive use of force and wrongful arrests. I also performed

insurance policy and indemnification review; contract review; as well as drafting all pleadings, settlement agreements and releases.

PRIOR CAREER EXPERIENCE: I was employed as an ASCP Registered Medical Technologist for fourteen years, working in both the research side of the profession (Hershey Medical Center Phase 2 Artificial Heart Trials), as well as the hospital based side, supervising hospital laboratories (assuring JCAH accreditation, licensing, employee hiring, supervision, discipline) including three quarter of a million dollar budgets.

EDUCATIONAL BACKGROUND:

University of Wisconsin Law School 1982 - 1986 - Juris Doctorate

I started Law School in 1982 as a part-time student while working full-time as the Laboratory Supervisor at Sauk Prairie Memorial Hospital. In 1985, I became a full-time law student and worked part-time for the hospital, part-time research assistant to then Prof. Daniel Bernstine for the academic year, and in the spring semester of 1986, I was also a judicial intern to US Bankruptcy Judge Martin.

Northern Illinois University 1968 - 1971 B.S. - Medical Technology Lutheran General Hospital, Park Ridge, IL - one year Medical Technology Internship; MT/ASCP reg. University of Ill 1967 -1968 - transferred to enter Medical Technology Program

REFERENCES:

Judge Wm. Andrew Sharp Judge J. Michael Bitney, Br. 2Richland Co. Courthouse Barron Co. Justice Center181 W. Seminary St. 1420 State Hwy 25 NorthPO Box 427 Rm. 2602Richland Center, WI 53581 Barron, WI 54812-3009608-647-2626 715-537-6399

Ms. Debra R. Lins Thomas R. Kratochwill, PhDLins Business Consulting LLC, Pres. Sears Bascom Prof. and DirectorE11575 County Rd. Z School Psychology ProgramPrairie du Sac, WI 53578 333 Education Sciences608-643-8630 1025 West Johnson St. Madison, WI 53706-1706 608-262-5912

SCOTT WALKEROFFICE OF THE GOVERNOR

STATE OF WISCONSIN 115 EAST STATE CAPITOL MADISON, WI

APPLICATION FOR JUDGESHIPInstructionsThank you for expressing an interest in serving Wisconsin. To apply for a judgeship, please submit the following: 1) a completed application, 2) a resume not exceeding two pages in length, 3) a cover letter, 4) a list of three to four references with contact information, and 5) two writing samples.

When filling out this application please use additional pages as necessary to provide full and complete answers to every question.

Letters of recommendation are encouraged, and may be sent via email to [email protected], or via mail to Office of Governor Scott Walker, Attn: Chief Legal Counsel, 115 East State Capitol, Madison, WI 53702. Recommendation letters will be accepted and considered after the application deadline has passed. Please note SCR 66.06(5), which provides that an applicant "shall not knowingly personally solicit or accept endorsements from parties who have a case pending before the court to which election or appointment is sought.” You may wish to also review the provisions of SCR Chapter 60 that apply to someone seeking a judgeship appointment. To apply, please email your materials with the county or circuit you are applying for in the subject line to [email protected]. Please note that the last page must be printed, signed, scanned, and attached to the application. If you are unable to scan, you may fax the last page to the number below. All application materials (the application, cover letter, resume, reference list, and writing samples) must be attached to the email, preferably as PDFs. All components of the application must be received by 5:00 P.M. CST on the date applications are due.

Following submission of your application, you will receive an email confirming receipt of your application and explaining the next steps in the process. If you have any questions, you may email [email protected]. If you need to speak with someone immediately, please call (608) 266-1212 and ask to speak with Brian Hagedorn.

Upon request, this document can be made available in alternate formats to individuals with disabilities.

l;jP

WISCONSIN IS OPEN FOR BUSINESS WWW.WALKER.WI.GOV ▪ (608) 266-1212 ▪ FAX : (608) 267-8983

APPLICATION FOR APPOINTMENT TO THE COURT(Please attach additional pages as needed to fully respond to questions)

DATE: 12-30-2014 WISCONSIN BAR NO.: 1000810

I. GENERAL:

1. Name: Patricia Ann Barrett Em

2. Date admitted to practice law in Wisconsin: 1986

3. Date admitted to practice law in other states: N/A

4. Current employer and title: N/A 5. Work address: N/A

City: County: State: ZIP:

Telephone:

6. Residential Address:

City: County: Sauk State: WI ZIP:

Length of time at this residence: 15 months

Home telephone:

Cell phone:

7. List all previous residences for the past ten years

S7731 Eagle Point Dr. Merrimac, WI 53561 (Sauk County)

8. Place of birth: Lebanon, PA

Date of birth: /1949 Age: 65

9. Are you a registered voter at your current address? Yes X No

Application for Judgeship Sauk County Branch 1

2OFFICE OF THE GOVERNOR

10. Wisconsin driver’s license number:

11. Marital status: Married

If married: Spouse’s name: Carl L. Barrett Date of marriage: 02/23/1979

Spouse’s occupation: Ret. Master Electrician/Electrical Contractor

If ever divorced, please provide all former spouses’ names and current addresses, the dates and places of divorce, and the court and case numbers for the divorces.

10/18/1971;

09/02/1975;

976

12. List any children (including stepchildren).Name Age Occupation Residential address

Carl Lee Barrett II News Film Editor

Matthew Barrett Master Electrician

Steve M. Barrett TV News Reporter

Carrie M. Donberger-Barrett BCBA Autistism Sup.

Chad R. Barrett Personal Trainer

13. Answer yes or no to the following questions. Attach a separate page explaining any affirmative answers.

a) Yes No - X Do you currently have a physical or mental impairment that in any way limits your ability or fitness to properly exercise your duties as a member of the Judiciary in a competent and professional manner?

b) Yes No - X In the past ten years, have you unlawfully used controlled substances as defined by federal or state laws? Unlawful use includes the use of one or more drugs and/or the



unlawful possession or distribution of drugs. It does not include the use of drugs that were prescribed to you and taken under lawful supervision of a licensed health care professional.

c) Yes No - X Since leaving high school, have you, for other than academic reasons, ever been denied enrollment, disciplined, denied course credit, suspended, expelled, or requested to terminate your enrollment by any college, university, law school, or other educational institution?

d) Yes No - X Have you failed to meet any deadline imposed by court order or received notice that you have not complied with substantive requirements of any contractual arrangement?

e) Yes No - X Have you ever been held in contempt or otherwise formally reprimanded or sanctioned by a tribunal before which you have appeared?

f) Yes No - X Are you delinquent in your mandatory continuing legal education?

g) Yes -X No Have you ever been a party to a lawsuit either as a plaintiff or as a defendant? If yes, please supply the jurisdiction and/or county, case number, nature of lawsuit, whether you were the plaintiff or defendant, and disposition of each lawsuit. See answer #11; Dairyland Gift & Souvenirs vs. Virgil H. Steinhorst, et al; Sauk Co. case no.: 1995 CV 000252, dismissed by court; State of Wisconsin Ex Rel et al vs Todd Liebman et al; Sauk Co. case no.: 1996 CV 378, dismissed by court.

h) Yes No - X Has there ever been a formal complaint filed against you, a finding of probable cause, citation, or conviction issued against you, or are you presently under investigation by the Wisconsin Judicial Commission, the Supreme Court of Wisconsin, the Office of Lawyer Regulation, or any other state or federal equivalent, or any court, administrative agency, bar association, or other professional group, in any jurisdiction?

i) Yes No -NA If you are a quasi-judicial officer, have you ever been disciplined or reprimanded by a sitting judge?

j) Yes No - X In the past five years, have you ever been cited for a municipal or traffic violation, excluding parking tickets?

k) Yes No - X Have you ever failed to timely file your federal or state income tax returns?



l) Yes No- X Have you ever paid a tax penalty?

m) Yes No -X Has a tax lien ever been filed against you?

n) Yes No -X Have you ever filed a personal petition in bankruptcy or has a petition in bankruptcy been filed against you?

o) Yes No- X Have you ever owned more than ten percent of the issued and outstanding shares, or acted as an officer or director, of any corporation by which or against which a petition in bankruptcy has been filed?

II. EDUCATION:

14. List secondary schools, colleges, law schools, and any other professional schools attended.

High School: Rantoul Twp. H.S 1963-1964; 1966-1967; HS Diploma -89.2 GPA Douglas MacArthur HS 1964-1966; no degree earned (GPA inc. above) Undergraduate: Univ. of Ill.-Champaign 1967 - 1968; transferred- 4.1 GPA(5 pt sys.) Northern Illinois University 1968-1971; BS -Medical Technology GPA - 2.9( 4 pt. sys.) Clinical Internship: Lutheran General Hospital, Park Ridge, IL. 1970-1971; Medical Technology Internship,( Registered by the American Society of Clinical Pathologists 1971 - 1994)

Graduate: University of Wisconsin Law School 1982-1986; JD; GPA -83 (B)

List and describe academic scholarships, awards, honor societies, and extracurricular involvement. Note any leadership positions.

Regional and State Speech and Debate Competitions in Illinois and Texas First and Second Place in Solo Comedy, Duet Acting and Debate(1963-1967)

High School Plays in Illinois and Texas

1969 Northern Illinois University Intramural Debate - First Place



UW 1985 Fall Semester Bankruptcy High Grade - Receipt of personal copy of US Bankruptcy Code and offered US Bankruptcy Ct. Clinical Internship for Spring Semester.

III. MILITARY EXPERIENCE:

15. List all military service (including Reserves and National Guard). NONE

Rank at time of discharge: Type of discharge:

List any awards or honors earned during your service. Also list any citations or charges pursued against you under the Uniform Code of Military Justice.

IV. PROFESSIONAL ADMISSIONS:

16. List all courts (including state bar admissions) and administrative bodies having special admission requirements to which you have ever been admitted to practice, giving the dates of admission, and, if applicable, state whether you have ever been suspended or have resigned.

State Bar of Wisconsin -June 17, 1986 Western District Federal Court- June 17, 1986 Eastern District Federal Court- July 24, 1992 US Seventh Circuit Court of Appeals - January 20, 1989

V. NON-LEGAL EMPLOYMENT:

17. List all previous full-time non-legal jobs or positions held in the past eight years. N/A

VI. LEGAL EMPLOYMENT: (If you are a sitting judge, answer questions 18–23 with reference to before you became a judge.)

18. State the names, dates, and addresses of all legal employment, including law school and volunteer work.



DATE POSITION EMPLOYER ADDRESS

1/1995 - 1/2013 Sauk County District Attorney State of Wis. Baraboo, WI Dept. of Administration

4/1992-12/1994 Litigation Associate Taggart & Roy Sauk City, WI (Taggart & Roy is now known as LaRowe, Gerlach and Taggart)

5/1989 - 3/1992 Litigation Associate Wickwire Gavin Madison ,WI (Wickwire Gavin Madison office is defunct; Vienna, VA office subsumed in merger with Florida firm in 2006)

6/1986 - 5/1989 Litigation Associate Law Offices of Straub & Schuch In house counsel for Wausau Ins. Madison Office (Wausau Ins. subsumed by Liberty Mutual Ins., firm disbanded thru mergers)

1991-1994 Monona Grove High School, Monona Grove, WI Mock Trial Coach

1985-1986 Research Assistant Dean(ret.) Daniel Bernstine UW Law School

1/1986 - 5/1986 Clinical Legal Intern US Bankruptcy Judge Robert D. Martin

19.Describe your legal experience as an advocate in criminal litigation, civil litigation, and administrative proceedings.

I started my legal career solely in litigation as in-house counsel for Wausua Insurance Co. before DILHR for workers compensation and state

and federal court for the western half of the state. I handled cases covering the defense spectrum of Title VII employment discrimination; Section 1983 Civil Rights violations; and constitutional claims of police excessive use of force at the federal district and 7th Circuit Court of Appeals. At the State level, I handled defense litigation for auto accidents; slip and falls; state claims against municipalities and their police departments. As part of my practice, I did insurance policy and indemnification review, contract review, drafting of all pleadings,, settlement agreements and releases. I also took and defended depositions. I was the sole litigator on five jury trials (15 trial days), one trial to the court and over forty worker’s compensation hearings.

I was then hired by Wickwire Gavin’s Madison Office, a construction/engineering boutique firm. The Madison office did not have an experienced litigator at the time. I also appeared in state and federal court involving arbitrations; mediation; and



multi-million dollar complex commercial litigation involving aspects of the underground tunnel construction in the Milwaukee Metropolitan Sewerage District on behalf of CH2M Hill Corporation. This case took over two years of my undivided attention involving massive document discovery in Denver, Co.(at multiple locations) as well as numerous depositions, and many motions argued before the court. Summary Judgement was granted to the defendants as an extraordinary remedy for the Plaintiff’s document destruction. After I left the firm, the court’s decision was overturned on appeal for further proceedings with all parties settling the matter shortly thereafter. Prior to starting as the lead associate on that case, I handled several contract arbitration matters and one week long jury trial. I analyzed impacts of the Americans with Disabilities Act on our construction and engineering clients. Because of my knowledge of insurance policies and provisions, I also regularly reviewed contracts, indemnity provisions, and insurance policies. I wrote a monthly article on the law for “The Daily Reporter”, a weekly digest covering Wisconsin Construction News and Bids. During this time, I co-taught a State Bar seminar on Litigation Techniques for Support Staff. In February 1991, I also co-taught one day of a four day Wisconsin DOT Technical Training Program on Construction Compliance.

I made the decision in 1992 to return to practice in my home county (Sauk), in anticipation of running for District Attorney in the 1994 Fall Election. I was hired by the firm of Taggart & Roy in Sauk City as a litigation associate. I handled personal injury cases as plaintiff’s counsel; civil litigation as plaintiff’s counsel; criminal defense as either privately retained or Public Defender appointed; business contract matters; municipal attorney back-up for Attorney Steve Roy; and family law. I also had some more general clients as well as being licensed to write Title Insurance.

In the September 1994 Partisan Primary Election, I won the Republican Primary Election for Sauk County DA, against the long-term incumbent DA. I ran unopposed in the November General Election and was sworn into office in January 1995. In the last week in January 1995, I tried a two day jury trial for first degree child sexual assault, resulting in the conviction of an elder of the Ho Chunk Nation. In July 1995, I tried a five day first degree intentional homicide case, resulting in a conviction. In early August 1995, I was dealing with possibly the youngest serial sexual sadist murderer ever caught, Joseph Clark( age 16 yrs.). At that time, the defendant was originally charged in juvenile court where I successfully argued for waiver into adult court. Over the next two years, in two separate five day first degree intentional homicide and mayhem trials, in Sauk and Columbia counties. I successfully got convictions as to both victims. These cases became the subject of the first of two A&E Cold Case File documentaries on cases I tried.



Over my career as DA, I continued trying first degree intentional homicide cases; conspiracy to solicit murder; child pornography; child sexual assault; adult sexual assault; child abuse; OWIs; Chapter 980 sex predator; and a broad smattering of first degree reckless injury; battery; disorderly conduct; theft; juvenile delinquency; and other criminal traffic matters. I continued to have statewide notable cases. One involved the dismembered body of a Tanzanian woman found in garbage bags floating on the Wisconsin River, (State v. Peter Kupaza, Sauk Co. case no.: 2000 CF 0026), which became the subject of another A&E Cold Case File, a 48 Hour Investigative Report, and a Canadian based documentary series called Murder She Solved. I tried the first student school involved shooting death in Wisconsin (State v. Eric Hainstock, Sauk Co. case no.: 2006 CF 0341). This case involved a lengthy reverse waiver hearing with much statewide publicity and opinion polls. My last first degree intentional homicide trial involved the brutal murder of five week old twins by their father ( State v. David Yates, Sauk Co. case no.: 2008 CF 113). This case is currently before the Court of Appeals. I remain a Special Prosecutor for any matters at the trial court level. Additionally, I handled a similar range of cases that resulted in pleas covering more first degree intentional homicides; child abuse,;child sexual assaults;and two and three strike cases.

During my tenure as DA, I also served as a special prosecutor in other counties for homicide; child sexual assault by a State Trooper; other misconduct by law enforcement officers; misconduct in public office; and even a case involving the Wisconsin Supreme Court Justices.

20. What percentage of your legal career has been in:

Court Area of Practice

Federal appellate: 1 % Civil: 28 %

Federal trial: 1 % Criminal: 68 %

Federal other: 0 % Family: 1 %

State appellate: 0 % Probate: 1 %

State trial: 90 % Other: 2 %

State administrative: 5 %

State other: 0 %

TOTAL 100 % 100 %



21. In your career, how many cases have you tried that resulted in a verdict or judgment?

Jury: 90 +(encompassing over 190 trial days) Non-jury: 80+

Arbitration: Administrative bodies: 40+

22.How many cases have you litigated on appeal? Please provide case names and case numbers. If you have litigated less than twenty cases, please describe the nature of each case, your involvement, and each case’s disposition.

As the named District Attorney, a search of the Wisconsin Court of Appeals database would disclose I am attorney of record for 221 appeals. While some of these were handled by assistants in my office and reviewed by me with occasional suggestions as to content or format, the majority were handled by the Attorney General’s Office at the appellate level. I handled the Motions After Verdict and any other motion practice at the trial court level. I would assist the assigned Asst. AG with additional documents, insight and review of the briefs prior to submission.

23.List and describe the two most significant cases in which you were involved; give the case number and citation to reported decisions, if any. Describe the nature of your participation in the case and the reason you believe it to be significant.

(1) STATE OF WISCONSIN V. PETER KUPAZA , Sauk Co. case no.: 2000CF 0026

On July 30, 1999, about dinner time, I received a phone call from Sauk Co. Sheriff Randy Stammen asking me to come to a wayside area in the vicinity of Peck’s Landing on STH 23, to view, in situ, the disarticulated torso of a human lodged in a bag at the edge of the Wisconsin River. Over the next two days, more body parts were discovered, including a skinned skull. From that point forward, I was the prosecuting attorney through Kupaza’s conviction and sentencing in June 2000, as well as the defendant’s post conviction motions. During the investigative phase of the case, the routine methods for victim identification failed. As time slipped by, it seemed the victim, now identified as an approximately 25 yr. old negroid female, would remain faceless and nameless. Law Enforcement suggested facial reconstruction, but such would have required boiling the skull to remove the flesh attached, which also contained knife striations that potentially could be incriminating, if not dispositive, evidence at some point. In conversations with the Wisconsin State Historical Society’s Forensic Anthropologist Leslie Eisenberg, she spoke of an experimental piece of



equipment that Dr. Robert Crockett, at the Milwaukee School of Engineering, was working on - a Rapid Prototyping machine. Graduate Students would take a three dimensional drawing, convert it into computer program algorithms, and the machine would use lasers to cut micro thin layers of paper, which were glued together to create a three dimensional paper mache replica of the item.

After talking with MSOE to confirm that they could use a CAT Scan of a skull to build such a replica, we contacted the UW Hospital to make the unusual request for a CAT Scan of a dismembered skull. They were intrigued by the request and the intended recipient of the scan, which they performed pro bono, putting the information on a disc for MSOE’s use. MSOE created a paper mache skull, which was taken to Dr. Emily Craig for reconstruction. Shortly after the reconstructed photos were published around Wisconsin, Mwivano Kupaza was identified, and ultimately her cousin Peter was charged and then convicted.

The MSOE Rapid Prototyping of skulls for victim identification has since been used by both state and federal law enforcement in cases where parts of a skull may be missing, or in situations where remaining flesh with possible evidentiary value cannot be removed. The technology has been taught in Homicide Investigators School as well. The case and the technology has been the subject of an A&E Cold Case File; 48 Hours Investigative Report; and a Canadian based crime series, Murder She Solved.

(2) August 2011 Appointed Special Prosecutor in Wisconsin Supreme Court Allegations

In August 2011, I was requested by Dane County DA Ozanne and Dane County Judge Wm. Foust to act as the Special Prosecutor in reviewing the investigation conducted by the Capitol Police and Dane County into allegations of assault made by Justice Ann Walsh Bradley against Justice David Prosser. There had been extensive media coverage of “leaked” information regarding the allegations over several weeks. I agreed to take the assignment, assuring Judge Foust I would make every effort to review all the investigation reports quickly, so that a decision could be rendered swiftly on the subject of any forth coming charges. There had been, in my opinion, considerable damage done to the stature of the Court itself and to the individual justices already. Time was of the essence to move forward with charges, if so warranted, against either justice; or to determine no criminal action was appropriate and put the actual investigative reports out for public purview.



I rendered my decision that no charges would be forthcoming as to either justice and directed the Dane Co. Sheriff’s Department to release the investigative reports. Within the first 24 hours after my decision, I received numerous emails, phone calls and voice mails, most of which decried my decision and my woeful performance in a “clear” abuse situation, putting women’s/victim’s rights back a century. To all whom I could speak with or recontact, I suggested that they locate the investigative reports (which were now on-line), review the reports, then call me again to determine if I had made the wrong decision.

Within the next 24 hours, all mention of the incident, any allegations of wrong doing had vanished from the media at all levels. The “hate” mail ceased, and I had a few individuals recontact me to apologize and thank me for my patience in responding to them and directing them to the reports I had reviewed and made my decision on. The damage done to the court, and based on the investigative reports, to several of the justices, will take a long time to repair. The Court should be an institution the public can justifiably place their trust in. Each justice should have felt the weight of of their position, along with their duty to uphold the Court’s role in our justice system and rule of law. The public needs to feel assured that pronouncements of the Court are worthy of our trust and respect, even if we disagree with the decision itself.

This wasn’t just a Wisconsin story. I had children and friends from around the US calling and wanting to know what was going on with our Supreme Court. The investigative reports disclosed unflattering personalities, political game playing and pettiness.

VII. PRIOR JUDICIAL EXPERIENCE:

24.Have you ever held judicial or quasi-judicial office? NO If so, state the court(s) involved and the dates of service.

A. List the names, phone numbers, and addresses of two attorneys who appeared before you on matters of substance. N/A

B. Describe the approximate number and nature of cases you have heard during your judicial or quasi-judicial tenure. N/A

C. Describe the two most significant cases you have heard as a judicial officer. Identify the parties, describe the cases, and explain why you believe them to be significant. Provide the trial dates and names of attorneys involved, if possible. N/A



VIII. PREVIOUS PARTISAN OR NON-PARTISAN POLITICAL INVOLVEMENT:

25. Please list all instances in which you ran for elective office. For each instance, list the date of the election (include both primary and general election), the office that you sought, and the outcome of the election. Include your percentage of the vote.

Sept 13, 1994 Republican Primary for Sauk Co. DA ; I won with 64% of vote against incumbent.Nov. 8, 1994 General Election for Sauk Co. DA; I won with 99.9% of vote, unopposed.Nov. 5, 1996 General Election for Sauk Co. DA; I won with 99.9% of vote, unopposed.Nov. 3, 1998 General Election for Sauk Co. DA; I won with 99.9% of the vote, unopposed.Feb. 15, 2000 Non-partisan Primary for Sauk Co. Judge Branch 3; I was one of two candidates who proceeded on to the general election from a field of six candidates . I garnered 26% of the vote,and my opponent 32%.April 4, 2000 General Election for Sauk Co. Judge Branch 3; I lost to currently sitting Branch 3 Judge Guy Reynolds, with 37% of the vote.Nov. 7, 2000 General Election for Sauk Co. DA; I won with 98.6% of the vote, unopposed.Nov. 5, 2002 General Election for Sauk Co. DA; I won with 99.3% of the vote, unopposed. Nov. 2, 2004 General Election for Sauk Co. DA; I won with 99.3% of the vote, unopposed.Nov. 17, 2006 General Election for Sauk Co. DA; I won with 98.4% of the vote, unopposed.Nov. 4, 2008 General Election for Sauk Co. DA ( 4 yr. term ); I won with 98.5% of the vote, unopposed.

26. Have you ever held a position or played a role in a judicial, non-partisan, or partisan political campaign, committee, or organization? If so, please describe your involvement. Yes; circulated nomination papers and campaigned for Attorney Patrick Taggart in 1986 and 1994.

27. Please list all judicial or non-partisan candidates that you have publicly endorsed in the last six years. None in the last six years.



IX. HONORS, PUBLICATIONS, AND PROFESSIONAL AND OTHER ACTIVITIES:

28. List any published books or articles, giving citations and dates.

29. List any honors, prizes, or awards you have received, giving dates. 30. List all bar associations and professional societies of which you are a member; give

the titles and dates of any office that you may have held in such groups and committees to which you belong or have belonged.

State Bar of Wisconsin - Litigation, Workers Compensation, Government Lawyer Sauk Co. Bar Assocaition - Sec. (1993)

31. Describe any additional involvement in professional or civic organizations, volunteer activities, service in a church or synagogue, or any other activities or hobbies that could be relevant or helpful to consideration of your application.

Volunteer activities over the last 20 years include Optimist Tree Sales; Salvation Army Red Kettle; Community Thanksgiving Dinner; Feed My Hungry Children; MDA Ride Road Guard.

Sauk City Trustee 1984-1986 Village of Prairie du Sac 1989-1991

32. Describe any significant pro bono legal work you have performed in the last five

years. None - barred ethically in my role as elected DA.

33. Describe any courses on law that you have taught or lectures you have given at bar association conferences, law school forums, or continuing legal education programs.

Early 1990s - State Bar of Wisconsin - Co-taught seminar - Litigation Techniques for Support Staff January 1999- SPET Winter Conf. New Prosecutor Training - Preliminary Hearings November 2006 - UW Education and Psychology Continuing Education Series - Applications of Psychology to the Legal Field: Criminal Prosecution, Competency Hearing, Sex Offender Evaluations, and Juvenile Waiver



June 2008- SPET Summer Conf. - Legal & Practical Issues: Use of Dogs in Criminal Investigations November 2011 - SPET Fall Conf. - School Violence

1995-2012 - Annual Sauk Co. Law Enforcement Continuing Education - Legal Update block and Legal Refresher Concepts

34. Describe any other speeches or lectures you have given.

Feb. 1991- Wis. DOT - co-taught Construction Compliance June 2006 - Wisconsin Criminal Law Agency Support Staff Association State v. Peter Kupaza, case study.

October 2006 - Wisconsin Court Reporters Association Fall Convention State v. Peter Kupaza, case study.

2010 - UW Educational Psychology Grad Students - case studies

September 2011 - Wisconsin Criminal Law Agency Support Staff Association State v. Joseph Clark, case study.

1995-2012 - Frequent speaker at MATC Reedsburg campus Business Law; Dare graduations, Optimists, Kiwanis, Chamber of Commerce, Baraboo HS and Sauk Prairie Middle School.

January 2013 - DNR presentation for investigators on how to work with DA

X. FINANCIAL INVOLVEMENT:

35. If you or your spouse are now an officer, director, or otherwise engaged in the management of any business enterprise, state the name of such enterprise, the nature of the business, the nature of your duties, and you or your spouse’s intended involvement upon your appointment or election to judicial office. N/A

36. Describe any business or profession other than the practice of law that you have been

engaged in since being admitted to the Bar.

Assisting my husband in his electrical contracting business, Sauk Prairie Electric, Inc., until it was sold in 1998.



37. Describe any fees or compensation of any kind, other than for legal services rendered, from any business enterprise, institution, organization, or association of any kind that you have received during the past five years. None.

XI. ADDITIONAL INFORMATION:

38. Explain in one page or less why you want to become a judge/justice. When I first considered returning to school, my husband and I discussed the short term and long term aspects of such a decision with a fledgling business venture, full-time jobs and five children covering grade, middle, and high school. Short term was easy - get through school and get a job as a trial attorney. I knew as an older returning student, I faced some unique challenges, but I also came with a wealth of “life” experiences that would serve me well as an advocate. The long term goal was to hopefully get an opportunity to ultimately be elected as judge. I got that opportunity in 2000, when Judge Virginia Wolfe, Sauk County Br. 3, retired. Along with five other attorneys, I campaigned, debated, and went door to door and successfully made it into the general election with Attorney Guy Reynolds. Again there were debates, campaigning and finally an interview with the local news editorial board. The day before the election, the local news paper came out with their endorsement. While finding both I and Guy Reynolds equally well qualified to serve Sauk County as judge, the board endorsed Guy Reynolds on the premise that the county would have a great judge and retain a great DA. To do otherwise would result in a great judge and an unknown entity for DA. At the time of the general election, I was handling a very high profile homicide that was entirely circumstantial with no manner of death, no date of death , no location of death, no witnesses and no motive (although none is required by law). I was asked repeatedly as I campaigned what would become of my office if I was elected judge. No other judicial openings in Sauk County presented themselves since - until now.

In 2012, I announced I would not be running for DA for the ninth time. I had two reasons for that decision. I anticipated that during what would have been my next four year term of office, a judgeship would become open. If in office, I would again face the same argument to winning an election. The other reason was much more personal. My parents, both in their 90s, were experiencing significant health challenges and were entering the final phases of their lives. My husband and I were both needed to help with their needs, which were ever increasing. I knew their time was relatively short, but intense in need. My parents both passed in 2014.



I have wanted to be a judge since I entered law school. The more I experienced various Federal and State judges, I realized what qualities I admired and what deficiencies troubled my clients. I have learned from all and believe I have the ability to be a good listener and a fair, thoughtful, impartial judge.

39.In one page or less, name one of the best United States or Wisconsin Supreme Court opinions in the last thirty years and explain why you feel that way.

Strickland v. Washington, 466 U.S. 668 (1984), is, in my opinion, one of the best U.S. Supreme Court opinions for two distinct but very important reasons. This was a death penalty case from Florida arising from the defendant’s confession and pleas, contrary to his counsel’s advice. Two justices dissented from the majority’s holding on grounds of personal abhorrence to the death penalty. The question that was being asked of the court dealt primarily with the Sixth Amendment and what actually constituted ‘effective counsel”, which became more commonly known as the two part test to establish “ineffective assistance of counsel”.

Strickland was written concisely, with clear and applicable language that both counsel and court could follow to address a frequently raised question in many criminal matters. The case was a well written road map to insure across many jurisdictions that the quality, or lack there of, of counsel was not dependent solely on the jurisdiction in which the decision was being made but rather on constitutional grounds imparted at the U. S. Supreme Court level.

Equally important in my opinion, is its longevity and repeated daily use across the nation. Outcomes of this analysis may be on either side of the question, but confidence in the outcome analysis has stood the test of time.

40.In one page or less, name one of the worst United States or Wisconsin Supreme Court opinions in the last thirty years and explain why you feel that way.

National Federation of Independent Business, et al. v Sebelius, Secretary of Health and Human Services, et al., 567 U.S. _____(2012), is, in my opinion, one of the worst U.S. Supreme Court majority opinion and yet contains perhaps one of the best written dissents. At the outset, it is to be noted that this is a consolidated case covering several different cases attacking the “individual mandate/ shared responsibility payment penalty” and the Medicaid expansion provisions of the Patient Protection and Affordable Care Act. This over 900 page legislation had been the subject of much public interest/concern since it was first proposed. This legislation has (or will when fully implemented) impact most adults and



families in our nation. These cases were the first to be decided by the Court, but another case on the Act is due to be argued this March.

The majority opinion is onerous in length; confusing as to who concurs with what and when; internally inconsistent; and ultimately court legislation. The majority first found that the ‘shared responsibility payment” for failing to comply with the individual mandate was “a penalty” not a tax (so the Anti-injunction Act did not apply); then later found it to indeed be a “tax” (so it could be upheld under Congress’ taxing authority). At one point in its opinion, the majority found both provisions “integral” to the Act’s function yet at another point in the opinion not so necessary as to be fatal to the Act, being easily severable. The dissent, written by Justice Scalia and joined by Justices Kennedy, Thomas and Alito, is straight forward and clear. On strong constitutional footing, they recognized the importance of the Tenth Amendment and the 220 years of structural limits upon federal power, not only what it cannot prescribe upon private conduct but also what it cannot impose on the States. The Commerce Clause cannot be used to require individual participation in commerce or there is no limit to Federal Power. The dissent would stop there. Because the majority went to Congress’ taxing powers, the dissent highlighted the incongruity of first a”penalty” then a “tax” argument.

Perhaps the most concerning of all was the Medicaid expansion that threatened each State’s medicare funding if the State “chose” to not expand the program as required by the legislation. States properly recognized this was an all or nothing proposition and clearly not a “choice”. The Government argued that the court could avoid finding this provision unconstitutional by merely accepting the Government’s statement that if a State chose to expand coverage they would receive additional funds and those States which did not expand coverage would retain their original federal subsidies. The majority found this solution appropriate. The dissent accurately noted this was court authored legislation, charting a new course for federalism that, under the Constitution, does not rest within the power or authority of the Court.

41.In one page or less, describe your judicial philosophy. My judicial philosophy derives from my practical experiences and the Wisconsin Supreme Court Rules, Chapter 60, Code of Judicial Conduct. Judges, at the circuit court level, are a central player in and visible symbol of our rule of law. Judges must be independent, fair, competent, impartial and maintain the public’s trust.

Circuit courts certainly were not intended to be the “court of last resort” when they were established. As the entry door to the court system, the judge’s role is to apply the law to whatever facts are before the court, and to render a decision that fairly and



impartially follows the law. The circuit court is to do its best to avoid error but to not “plow new ground” out of fear, favor, bias or disagreement with the law involved.

As a practical matter, either from lack of funds or knowledge of the law, decisions rendered by the local circuit court judge, are the “final” word on the matter as to many individuals involved. The ramifications of the decisions may be small or extraordinarily life altering. Faith in the integrity of the person presiding over the matter is imperative to the rule of law at the local level. Respect for the parties before the court is demonstrated not only by the judge’s demeanor, but the willingness to listen carefully and consider the information provided. People who are unrepresented need to know that even though they may not have legal counsel, their concerns are being heard and considered.

In the criminal arena, appeals do not require funds, but do require merit to proceed. If the circuit court judge has followed their legal and ethical mandate, the matters are not overturned, providing further assurance that the local judge is worthy of the public’s trust.

42.If you have previously submitted a questionnaire or application to this or any other judicial nominating commission, please give the name of the commission and the approximate date of submission. N/A

43.Describe any other information you feel would be helpful to your application.

As a long time elected official, I still maintain a Wisconsin Campaign Committee and Finance Information. Given the short time between any appointment/swearing in and next December to start collecting signatures to be placed on the ballot, having that component in place is certainly advantageous. I am familiar with campaigning, and all of its nuances.

As a long serving (18 yrs.) public servant, I am aware of public scrutiny and expectations. I am very attune to the ethical aspects of media inquiries. As a District Attorney, I have been exposed to threats of physical violence as well as verbal abuse.



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Patricia A. Barrett December 30, 2014 - TownNewsbloximages.chicago2.vip.townnews.com/wiscnews.com/... · RESUME with REFERENCES Patricia Ann Barrett, JD PROFESSIONAL ADMISSIONS: State