Opinion
Judicial independence and democracy PDF Print E-mail
Thursday, 02 February 2012 12:08
By Ed Vopal, President
Wisconsin Association for Justice

Presidential Candidate Newt Gingrich recently said that "activist judges" should be compelled to justify their unpopular decisions in Congressional hearings.

Although Mr. Gingrich was discussing federal courts, his idea threatens the judicial independence at every level. His comments provide us with an opportunity to consider the importance of an independent judiciary in Wisconsin.

Americans appreciate the independence of each of the three branches of government. Legislators create laws, executives carry out laws, and judges review laws. When a legislature creates a law, it is presumed constitutional. When there is a challenge to the law, however, our judicial branch interprets the law and, if necessary, rules whether it is constitutional.

Wisconsin has 249 Circuit Court Judges, 16 Appeals Court Judges and 7 Supreme Court justices. Each judge is selected in a non-partisan election. Wisconsin circuit court judges hear cases and conduct trials; the appeals courts and Supreme Court review circuit court actions. The appeals courts correct errors, while the Supreme Court provides final review in cases it accepts for a decision.

The principles of judicial independence and impartiality are critical to maintaining a fair judicial system. We all want judges to make their decisions based on the applicable laws and the facts of the case. Their decisions, however, should not be compromised purely our of concern for how popular the decisions will be.

In fact, our state's Code of Judicial Conduct expressly asserts the importance of judicial independence: "Our legal system is based on the principle that an independent, fair and competent judiciary will interpret and apply the laws that govern us. The role of the judiciary is central to American concepts of justice and the rule of law."

Essentially, a judge must be allowed to act fairly, impartially and independently and rule on the laws and facts of a case. As the Judicial Code requires, "A judge shall be faithful to the law and maintain professional competence in it. A judge may not be swayed by partisan interests, public clamor or fear of criticism."

Judges should not be threatened by elected officials to justify a decision. If the public is dissatisfied with a particular outcome after a case has gone through the judicial system, the options are to change the law through legislation, amend the Constitution or elect a new judge at the next opportunity.

Our state Code makes the bottom line clear: "An independent and honorable judiciary is indispensable to justice in our society." If you don't believe that, visit a place where there is no independent judiciary and the court is seen only as tool of people in power.

The judicial branch plays a crucial role in our democracy at both the federal and state levels. We should all very carefully scrutinize any ideas that threaten judicial independence, a principle we must uphold and defend.

For more information about the Wisconsin Association for Justice, see WAJ's website at wisjustice.org, or call 608-257-5741.

 
Why Wisconsin is on the right track PDF Print E-mail
Thursday, 02 February 2012 12:08
When Governor Walker gave his State of the State address this week in Madison, he highlighted where we as a State have gone in the last year; closing a $3.6 Billion budget deficit without raising taxes, and improving our business climate to produce a favorable environment for job creation.

Continued government overspending has caused Illinois to raise their taxes dramatically and that isn't solving their fiscal problems.
Greece is much worse . . . . .

Athens isn't exactly next door. Why should we care about what happened there? The economic situation in Athens is a good warning about the dangers of overspending and higher taxes.

At some point, you run out of other people's money. At some point the socialist welfare state goes broke.

How would you like a 67% increase in your state tax bill? Facing a budget crisis in 2011, Illinois raised individual income taxes by 67% and business taxes by 46%. The result backfired. The higher taxes caused businesses to flee the state, putting further pressure on the $6.8 billion of unpaid bills.

The state dropped to almost last place (48th) in Chief Executive Magazine's ranking of business climates by state, and Moody's dropped the state credit rating. That's what happened to our neighbor to the south, Illinois.

In contrast to Greece and Illinois, we in Wisconsin tackled our situation as quickly and as prudently as possible.

As a result Wisconsin jumped from 41st to 17th in that same business climate poll. Rather than giving Wisconsin a credit downgrade, Moody's praised our budget as "credit positive for Wisconsin" and added that the money-saving reforms bring "the state's finances closer to a structural budget balance."

I wonder what plan those who wish to recall Governor Walker prefer. My guess is they want to take us down the same path as Illinois and Athens.

Higher taxes didn't work in Europe; higher taxes didn't work in Illinois, and higher taxes won't work in Wisconsin.

Higher taxes don't work for a couple of reasons.

First, higher taxes encourage more government spending, this doesn't fix the problem.

Second, higher taxes take money out of people's pockets for government spending and increase the cost of goods and services. This has negative consequences for a state or country's economy.

We made the right choice in Wisconsin by balancing our budget without raising taxes. We need to stay the course and continue to resist efforts to increase spending and taxes.

Resist the urge to go back to multi-billion deficits, fund raids and unpaid bills.
Forward Wisconsin!

Senator Frank Lasee

 
Transmission reform should be top energy goal PDF Print E-mail
Thursday, 02 February 2012 12:06
By Paul Mansoor
Center for Rural Affairs

President Obama offered several laudable energy goals during his recent State of the Union address. However, he did not mention upgrading and expanding clean energy transmission as an investment in attaining his goals.

President Obama should turn his attention to improving, upgrading and expanding our nation's electric transmission system. Doing so will create jobs, spur new industries, and lead to a more-sustainable energy future for all of America.

According to a Center for Rural Affairs report on transmission, (cfra.org), overhauling existing lines and building new ones will require tremendous capital, yet the direct and indirect financial benefits are massive. Construction and maintenance crews will be put to work repairing existing lines, junction boxes and transformers as well as erecting towers for new transmission cables.

Many rural areas are sitting on a fortune in untapped wind energy resources, stymied by stifling bottlenecks in our current transmission system. Rural communities can connect to the larger network with new electric lines, creating market accessibility for their wind energy. And system improvements will create jobs today while building a robust framework for tomorrow.

Improving and expanding transmission is non-partisan and all energy sources are treated equally over the copper wires. Regions rich in wind-resources will benefit from increased transmission, but so will solar, geothermal, and hydro-power efforts. Mr. President, make rural America's energy future a central theme in your efforts to revitalize the nation's economy by making transmission reform the top energy goal for you and for Congress this year.


 

 
I’m a polka fan and I’m not 84 PDF Print E-mail
Thursday, 02 February 2012 12:06
I just wanted to express my opinion in response to the things printed on page 2 of the Jan. 19, 2012, issue of the Times-Journal regarding the former WMBE radio station.

The new owner stated in the article that he had an "economic epiphany" while shopping for potential advertisers for thee new radio station, and then went on to say that only "84 year olds" listen to polka music and that they are "non-consumers." Really?

It appears that the new owner is shopping for advertisers that share his same sort of disrespectful attitude.

And aren't the airwaves already saturated with enough radio stations playing the oldies? Good luck with that!

It is my opinion that as he moves on with his new venture, he might be advised to try to avoid stepping on toes, and if he intends to have a shot at success, he'd be wise to follow Jerry and Karen Schneider's lead and play the genre of music that some of us really enjoy. Then, if he's lucky, he, too, could have the potential to establish a group of loyal listeners like Jerry has.

As for me, well, I doubt I'll be tuning in to that "new" station anytime soon when/if it hits the airwaves. I've made the move to that other radio station that had the good sense to include The Jerry Schneider Show.
By the way, I'm 59!

Jo Anne Daun-O'Neill

 
Lake Winnebago area women targeted as DHS cuts health funding PDF Print E-mail
Thursday, 02 February 2012 12:03
Madison -- In a joint statement, Senator Jessica King (D-Oshkosh), Representative Gordon Hintz (D-Oshkosh) and Representative Penny Bernard Schaber (D-Appleton) expressed deep concern about new information from the Department of Health Services detailing the impact of Gov. Walker's budget that eliminated state funding for family planning services in Winnebago, Fond du Lac and Outagamie counties.

A memo produced by the non-partisan Legislative Fiscal Bureau reveals efforts to target women of the region with additional cuts to health services. The Department is subjectively cutting $215,000 in women's health block grant funding from the three counties, while increasing funding in other counties on ideological grounds.

Representatives Bernard Schaber and Hintz met with the DHS Secretary Dennis Smith in January seeking answers to questions about the Department's abrupt decision to terminate the 16-year Wisconsin Well Woman Program contract. They also asked why the cuts to women's health block grant funding in the counties they represent were being made solely on the basis of the identity of the provider. A Jan. 18 Oshkosh Northwestern editorial blasted the Walker Administration saying "Playing political games with women's health issues is contemptible."

"It is clear this administration is determined to allow the Governor's ideology to limit access to affordable health services for our constituents. To cut the region's reliable provider off without replacing the resources in these counties is abhorrent and demonstrates how extreme this Administration is," stated Hintz.

Women's health block grant funding, formerly called family planning funding, was cut ten percent in the state budget. The Legislative Fiscal Bureau memo provided an analysis of the Department's plans for these cuts. The Department has eliminated resources to local Planned Parenthood providers, while redirecting those funds to make up for the ten percent cut in counties that provide direct services.

The Department is also providing additional funding to some counties and statewide entities to allow them to contract with regional providers for some services. According to the memo, counties served by Planned Parenthood will not receive any additional resources to make up for the ten percent cut because the DHS believes it would be "duplicative."

"Expecting Winnebago and Fond du Lac County's health care providers to simply absorb $128,000 and $80,000 cuts to funding while providing the same level of service is unrealistic. Women in our region will have to pay more for health services," explained Senator King. "I would hope women's health is more important than partisanship. Governors and legislators from both parties have consistently supported this long standing public health partnership. Women in Oshkosh and Fond du Lac rely on these services and targeting them for cuts will have a direct and meaningful impact on their health service options."

In September 2010 DHS completed a needs assessment for Title V funding in the state. This assessment identified greater access to reproductive health care as a high priority.

"I am very concerned about future access to health services for women in Appleton and the surrounding area. A shift away from vital preventive care can have very negative consequences and it would be inconsistent with the state's Title V needs assessment. I hope the Department will reconsider ending a decade's long working relationship with our local health providers," stated Bernard Schaber.

"The concerns many shared about the political motives driving public health policies with dire consequences have been confirmed after meeting with Secretary Smith. Like many of the decisions being made in our state, we have a Governor who is more interested in mandating an extreme right-wing social agenda and is willing to risk the health and well being of women in our state to make it a reality. This is down-right scary," concluded Hintz.

 
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