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A happy return
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Judge David Deininger sits behind the judges bench last week in the Circuit Court at the Green County Justice Center. Deininger filled in for Judge James Beer for six weeks starting in May. (Times photo: Marissa Weiher)
MONROE - The six-week stretch that began May 18 and ended Monday was something of a throwback for David Deininger.

Deininger, a Green County Circuit Court judge from 1994 to 1996, served in the same position while Judge James Beer took a medical leave to have back surgery. Beer, who is back working full-time, said he feels better but it will take him a year before he's fully recovered.

Deininger said he was happy to fill in because, as a reserve judge, he hasn't been called into duty as often as he would've liked. But now that Beer has returned, Deininger said, he's happy to go back to a life where he's not hearing arguments and researching cases all day.

"It was an easy choice to say yes because from my perspective, I don't get enough work," he said. "I've enjoyed my time on the bench, but I'm ready to go back into retirement. I enjoy that, too."

He should enjoy it, because he's earned

it. Deininger has packed a host of

accomplishments into his 67 years. He's been in the military, held political office and served on multiple courts in Wisconsin, all while remaining active in Monroe, his home community.

Deininger graduated from the U.S. Naval Academy in Annapolis, Maryland, in 1969 and worked as a nuclear submarine officer for about six years. He graduated from the University of Wisconsin Law School in 1978 and spent several years as an attorney working in private practice in Monroe.

He was elected to the state assembly in 1987, where he served for several years until he won a seat on the circuit court bench after Judge John Callahan retired.

But Deininger wasn't there for long. In 1996, Gov. Tommy Thompson appointed Deininger to the 4th District Court of Appeals in Madison, where he served until he retired in 2007, twice winning re-election.

He said the case that sticks out the most in his memory is one the Court of Appeals took on in 1997 involving Milwaukee's school choice program, which had been expanded to include parochial and religious schools.

"There was a big issue as to whether that was permissible under the federal and state constitutions," Deininger said. "That was the most high-profile case that I was directly involved in."

Deininger wrote a majority opinion saying the expansion violated the state constitution, which guarantees the separation of church and state. The state Supreme Court reversed the court's decision in 1998.

Over the course of his career, Deininger has held leadership positions in numerous local organizations, including the school board, Community Foundation of Southern Wisconsin, Optimist Club, Green County Bar Association and Monroe Clinic, where he was on the board from 2005 to 2014, including a three-year stint as chairman during the time a new hospital was constructed. He and his wife, Mary, recently finished chairing a capital campaign for Green County EMS, which raised $1.5 million for a new building.

On top of all that, he played trombone in the Monroe City Band for about six years and served as treasurer of his grandson Emerson's Cub Scout pack.

Emerson is now 16 and attends Monroe High School. He and his mom Emilie started living with Deininger and his wife a year before Emilie died in 2006 at age 30 as a result of a car crash in which alcohol was reportedly a factor.

Deininger said his daughter struggled with substance abuse and mental illness, and that the events leading up to her death give him a "broader understanding of the situations people find themselves in and how it affects the people around them."

While he said he understands the fundamental need for crime to be punished, simply locking people away without examining root causes is not going to solve the problem.

"The criminal justice system is not necessarily the best tool for addressing some of these problems, but unfortunately jails and prisons in Wisconsin have become the default mechanism for dealing with these things as funding for treatment programs has dried up," he said. "If we want to rehabilitate the offender, mental health and addiction needs have to be addressed, or it's going to happen again and again."

Deininger said it's hard to say whether there are noticeable differences in the types of cases that land in circuit court today versus two decades ago.

"I'm not sure six weeks is a sufficient amount of time for me to assess ongoing trends," he said. "It's a small sample size. You're in and you're out."

But, he said, filling in for six weeks allowed him to "get into a rhythm" and acquaint - or reacquaint - himself with court personnel and local procedures and practices.

"It's much tougher when you're called in for a day or two and everything is new," he said. "Whereas with a longer stretch like this, you feel like you have actually discharged the duties of a sitting judge."

Beer said that although he and Deininger never served as circuit court judges simultaneously - Beer took Deininger's spot on the circuit court bench in 1996 - they were childhood friends, high school football teammates and have kept up through the years.

"He's a very intelligent man and has been a leading intellectual force in the judiciary in Wisconsin," Beer said of Deininger. "He's well-respected by judges and has served Green County well."

Deininger said he'll be returning to his normal routine, which includes spending time with his wife and Emerson, who Deininger said enjoys video games and socializing with friends.

Emerson also is learning to drive, said Deininger.

"Emerson's got his driver's permit," he said. "We're having some interesting times behind the wheel."