Gorence,
Ashley seek justice for all
Two
people with identical criminal backgrounds commit identical crimes.
The first gets a municipal citation no more serious than a traffic
ticket. The second gets a criminal record and faces jail time.
Why?
The
answer, in many cases, has depended on the jurisdiction where
the crime occurred. A petty crime in one Milwaukee County municipality
would be routinely handled at city hall. In another, the case
would get referred to the district attorney.
But
that's no longer the case thanks to Milwaukee County Circuit Court
Judge Carl Ashley and federal Magistrate Judge Patricia Gorence
of the Eastern District of Wisconsin. Their work on the issue
culminated in the recent adoption of Guidelines for the Review
of Crimes and Ordinance Violations by the Milwaukee County District
Attorney's Office and the Milwaukee County Communities.
It's
a long title with a simple goal: Set a baseline that all municipalities
can agree to for minor offenses and detail which crimes get handled
by a municipality and which get sent to a district attorney.
Ashley
and Gorence first started toying with the guidelines in 1999 when
they were involved in a Harley-Davidson community project examining,
among other things, unequal treatment under the law. The idea
only got stronger with their participation in the Public Trust
and Confidence Steering Committee and the Milwaukee Bar Association's
Community Relations Committee.
Those
experiences helped Ashley and Gorence understand the community's
perception of disparate treatment in the charging process, and
they decided to do something about it. So they got grants from
the state bar's Diversity Outreach Committee and the Public Trust
and Confidence Steering Committee to get started on a solution.
They
invited District Attorney Michael McCann and Chief Judge Michael
Skwierawski as well as sheriffs, police chiefs, municipal judges
and city attorneys from throughout the county to offer input.
"It
was a leap of faith; we weren't sure who would show up at the
time," Gorence said. "They were not sure why they were
coming. They were not sure what they'd accomplish, but almost
everyone came."
With
others involved, Ashley and Gorence discovered that a certain
consensus already existed.
"The
thing everyone agreed on was that there was disparity that needed
to be addressed," said Ashley.
The
group discussed the big disparities between jurisdictions when
it comes to such things as retail theft. It worked through, and
decided on, details such as a $500 retail theft would constitute
criminal action unless prior thefts applied.
The
group also realized that consensus isn't always possible, such
as in cases involving marijuana, so it did its best to at least
provide guidance.
After
a year and a half of collaboration, the resulting guidelines represented
a list of minor crimes — not felonies — that everyone
in the county could agree to. And the guidelines are just what
the name implies: basic, nonbinding road signs to help jurisdictions
maintain a level of equality.
"There
are always extenuating circumstances, and that's OK," Ashley
said. "But the guidelines contemplate that there will be
a basis for deviating."
But
Ashley's and Gorence's work isn't over. In November, the group
will get back together for a review.
"It's
really a personal commitment to have the heads of all the departments
and to stay committed to equal justice in the county," Gorence
said.
| Publisher's Note
| Innovator Awards | Finalist
Index |
|
Finalist Links | Special
Sections | Daily Reporter
|
©
2003 Daily Reporter Publishing Co., All Rights Reserved.
