12Spring<strong>2010</strong>THE THIRD BRANCH<strong>Wisconsin</strong> team invited to discuss state –tribal court relationsBy Shelly Cyrulik, Policy Analyst, Office of <strong>Court</strong> OperationsIn March, a team representing<strong>Wisconsin</strong> state and tribalcourts joined representatives from16 other states in Connecticut forthe Northeast Regional State-Tribal Forum called ExtendingProject Passport.Among the Forum’s goals wasto build upon the success ofProject Passport, which isdesigned to encourage states andtribes to adopt uniform dataelements and formatting of the Judge Edward R.first page of orders of protection. BrunnerUniformity improves recognitionand enforcement of orders within and between states andtribes. <strong>Wisconsin</strong> is among more than 30 states that haveimplemented these changes.Tribal courts in <strong>Wisconsin</strong> arecurrently considering adoption.I served on the <strong>Wisconsin</strong> team,along with Judge Edward R.Brunner, <strong>Wisconsin</strong> <strong>Court</strong> ofAppeals; and Judge J.D. McKay,Brown County Circuit <strong>Court</strong>.Representing the <strong>Wisconsin</strong> tribalcourts were Judge James Mohr, aformer <strong>Wisconsin</strong> circuit courtjudge who now is a member ofJudge J.D. McKaythe Lac <strong>Court</strong>e Oreilles Tribal<strong>Court</strong>, and Judge Todd Mathafrom the Ho-Chunk Nation.Brunner and Mohr participated in a panel highlightingsuccessful collaborative models from across the nation. Theydiscussed <strong>Wisconsin</strong>’s development of and experience withthe Teague Protocol, an agreement relating to allocatingjurisdiction between state and tribal courts, within the Ninthand Tenth judicial districts.We had a very strong team to review past efforts of the<strong>Wisconsin</strong> State-Tribal JusticeForum and work to identify areasof future focus. The teamdiscussed methods for improvingcommunication between state andtribal courts in light of theDiscretionary Transfer Rule, andalso considered how to improveaccessibility of tribal ordinancesand tribal court decisions.The Forum was sponsored bythe National Center for State<strong>Court</strong>s in partnership with theU.S. Department of Justice,Office of Tribal Justice, the OfficeShelly Cyrulikon Violence Against Women and its tribal unit, the NationalCongress of American Indians, and the National AmericanIndian <strong>Court</strong> Judges Association. •For more information, contact Shelly Cyrulik at (608) 266-8861 or michelle.cyrulik@wicourts.gov.OBITUARIESTerence John OwensCalumet CountyTerence J. Owens, who served as clerk of circuit court inCalumet County for 22 years, died Jan. 28. He was 75.A past president of the Clerk of Circuit <strong>Court</strong> Association,Owens was an active member of his community and aproud Irishman.He is survived by his wife, Elizabeth, along with threesons and four daughters.Mary K. StormsRichland CountyMary K. “Mema” Storms, deputy clerk of circuit court inRichland County, died March 31 at the age of 53 after abattle with cancer.Clerk of Circuit <strong>Court</strong> Stacy Kleist said Storms was aninvaluable employee and adelightful person.“She was just fun and areally hard worker,” said. “Shewas like sunshine on our floorof the courthouse.”According to her obituary,she loved gardening, mowingher lawn, working at theRichland County <strong>Court</strong>housewith her friends and coworkersand spending timewith her family and especiallyher grandchildren.Mary K. StormsSurvivors include herhusband, David; two daughters, four grandchildren, threestep-grandchildren, siblings and others. •
Milwaukee Foreclosure Mediation Programmarks first anniversaryLast spring, <strong>Wisconsin</strong> Attorney General J.B. VanHollen, Milwaukee Mayor Tom Barrett, and MarquetteUniversity Law School Dean Joseph D. Kearneyannounced the creation of the Milwaukee ForeclosureMediation Program. ChiefJudge Jeffrey Kremersfollowed by enacting adirective that requirednotice of the availabilityof mediation. By July2009, the mediationprogram was underway.Nearly one year later,the program has processedmore than 800 requests formediation. Organizersreport that requests havebeen made in about 20percent of cases.Milwaukee County hasthe highest number ofresidential foreclosures inthe state: 6,323 residentialforeclosure filings in 2009alone. In response, MayorTom Barrett convened theMilwaukee ForeclosurePartnership Initiative,which proposed usingThe Milwaukee Foreclosure Mediation Program’s <strong>Court</strong>houseWorking Group includes (bottom row, from left): Maritza AmaroHernandez, clerk of program operations; Debra Tuttle, chiefmediator; Amy Koltz, program coordinator; and (top row, from left):Jim Smith, chief deputy clerk of circuit court; Cheryl Meddaugh,secretarial assistant to the clerk of circuit court; and John Barrett,clerk of circuit court.mediation as one of a number of intervention strategies. TheLegal Aid Society, represented by Chief Staff Atty. CateyDoyle and Staff Atty. Nicole Penegor, convened a diversegroup of stakeholders to design the program. The workinggroup included lenders’ counsel, bankruptcy attorneys,housing counselors, mediators, community advocates,judges, representatives from the city of Milwaukee, andMarquette University Law School staff specializing inpublic service and dispute resolution.The program is administered as part of the law school’sdispute resolution and public service programs. It receivedfunding from the city of Milwaukee and the <strong>Wisconsin</strong>Department of Justice to provide foreclosure mediation toresidents of Milwaukee County.The program is voluntary, and both homeowner and lendermust agree to mediate. By participating, lenders providehomeowners the opportunity to tell their story and seeksolutions to an incredibly stressful situation. The mediationprocess also benefits lenders by providing a non-adversarialforum to discuss options face-to-face with the homeownerwhile protecting the lending institutions’ financial interests.The program staff—Chief Mediator Debra Tuttle, ProgramCoordinator Amy Koltz, and Maritza Amaro Hernandez,clerk of Program Operations—work out of an office in theMilwaukee County <strong>Court</strong>house provided by Clerk of Circuit<strong>Court</strong>s John Barrett. Chief Deputy Jim Smith and CherylMeddaugh, secretarial assistant, help with the program alongwith about a dozen law students who are gaining firsthandknowledge of the use of dispute resolution in a court settingand earning pro bono hours to qualify for membership in thelaw school’s Pro Bono Society.The program requiresthat homeowners meetwith a HUD certifiedhousing counselor prior tothe mediation session toensure that any discussionsthat take place duringmediation are based onobjectively supportedfinancial information.The expertise and insightsfrom the housingcounseling agencies,including HousingResources, Inc., SelectMilwaukee, AffordableHousing, MinistryEnterprises, MilwaukeeMetropolitan Fair HousingCounsel and HBC, are anintegral part of theprogram’s success.The mediation sessioncan result in agreements forrepayment plans,forbearance plans, trial modifications, permanentmodifications, listing agreement forbearance plans, orunemployment forbearance plans, depending on theindividual circumstance. The available options are variedand changing every week as additional creative solutions aredeveloped to address the foreclosure crisis. Mediation alsoserves those situations where it is clear the borrower simplywill not be able to stay in the home by providing anopportunity for the homeowner to have some control overhis/her transition out of the home.“The mediation process guides communication with itsconcrete steps,” said Chief Mediator Debra Tuttle. “This is arapidly changing environment, and mediation offers a wayfor homeowners and lenders to keep up with each other in acollaborative, efficient and productive way.”Marquette University Law School’s involvement inforeclosure mediation is not limited to Milwaukee County.Tuttle and Natalie Fleury, the law school’s programcoordinator for Dispute Resolution, trained the mediatorscurrently handling cases in Rock and Walworth counties.The law school also administers foreclosure mediation forBuffalo, Pepin, Outagamie and Waukesha counties. Themediation model is easily adapted, and the program iswilling to provide assistance to any county looking foralternatives to foreclosure. •THE THIRD BRANCHSpring<strong>2010</strong>13