MONROE - Timothy Burns is one of three candidates for Green County Circuit Court Second Branch judge position.
Burns has served as court commissioner since 1996. He's responsible for family court, small claims court and various other matters as assigned by the Circuit Court. He also has a private law practice in Monroe.
He is a graduate of the University of Wisconsin at River Falls and of the University of Colorado School of Law. He is a member of the State Bar of Wisconsin and the Green County Bar Association. He is past president of the Green County Bar Association and is currently vice president of the Wisconsin Family Court Commissioners Association.
Burns has been married to his wife, Kelly, for 30 years. They have three children; Brendan, Columbus; Colin, Colorado Springs, Colo.; and Morgan, Monroe.
Burns responded to a series of questions posed by The Monroe Times and his answers, as he submitted them, appear below. Dan Gartzke and Thomas Vale also responded to the same questions. Their answers will be featured tomorrow and Saturday.
How has your training, professional experience, and interests prepared you to serve as circuit court judge?
For more than 12 years as Green County Court Commissioner I have been hearing evidence and making rulings on a wide range of civil cases, including contracts, leases, accidents, and collections, as well as injunctions, child custody, child support, and paternity cases. As a lawyer since 1985, I am regularly in court and represent people in a broad range of cases commonly in front of the court such as traffic, criminal, juvenile, and contract disputes.
Would you have run for judge had there still been only one branch? Why or why not?
I would not have run unless Judge Beer had decided not to run. Judge Beer has been twice elected by the citizens of Green County, and I respect the job he has done for the citizens of this county.
List five supporters (individuals or organizations) that speak to your character and/or qualifications?
Sonja (Weidman) Gilbertson, my former small claims clerk
Jeffrey Kohl, Assistant District Attorney
Clarence Asmus, Attorney
Tara K. Kleinhans, Attorney
William E. Morgan, former Green County Corporation Counsel
What role will personal beliefs play in your judicial decision making?
I will continue to make the tough judicial decisions whether one side or the other has presented a sympathetic story. I believe every person is entitled to present their side of the story to the court and to have their case decided based on the facts and the law. As a judge, I will continue to put aside my personal beliefs, and base my decisions on the law in a fair and unbiased manner.
What is your judicial philosophy and how will it affect the way you function as a judge?
I believe the role of a judge is to apply the law to the facts of each case to reach a decision. Making law is the responsibility of the legislature, not judges. When the law is unclear, it should be interpreted by looking at the intent of the legislature. If that intent is unclear, the law should be interpreted in light of public policy, as determined by other laws and the actions of our legislature.
What's right, or what's wrong, with the Green County Circuit Court?
We have many good things happening in Green County Court. As our county grows, one branch can simply not keep up with the demands put on it, and the citizens of Green County will benefit from the second circuit branch helping to get cases heard in a timely manner. We need to explore scheduling options that may further decrease delays in cases and avoid the waste of court resources for the benefit of all.
Do you have any ideas on improving the efficiency of the judicial system?
There is often a connection between family court, juvenile matters, criminal matters and injunctions, where the same parties and same facts are involved. We need to look at combining these case types to minimize hearings, coordinate results, and get better end results for those involved. The number of people appearing in court without attorneys is increasing and we need to make information available to them on how the circuit courts work and what to expect.
What practices do you believe are necessary to ensure that each person coming before the circuit court receives a fair trial?
Judges must be knowledgeable, listen to all evidence presented and make fair rulings on that evidence. They must be impartial and approach each case without bias toward or against any party. Attorneys and parties must be allowed adequate time to prepare for and to present their cases. Trials need to be public and held within a reasonable time after filing of the case. The constitutional rights of all parties need to be respected and protected.
Under what circumstances would you close a circuit court session or seal a circuit court file?
Hearings should be closed only in the most extreme circumstances. Statutes require closing some hearings, including mental health and those involving minors. If there is an overriding interest of a criminal defendant that could be prejudiced by an open hearing, I would close a pretrial hearing to ensure the integrity of the judicial process. I would only seal a file when the reasons for closure are so significant as to leave no other practical option.
Do you believe the Green County Circuit Court is either too lenient or too harsh in dealing with drunken driving cases?
We need to exercise more court supervision over those convicted of drunk driving to ensure that the alcohol issues that led to that offense are dealt with. Alcohol abuse cannot be fixed by one appearance before a judge, particularly with multiple time offenders. We need a process, in which the offender remains accountable to the court for a period after conviction, to monitor offenders to be sure that they are complying with treatment.
Do you believe the Green County Circuit Court is either too lenient or too harsh in dealing with domestic violence cases?
I think more coordination of efforts between law enforcement agencies, prosecutors, advocacy agencies, victims and the defense bar is needed to ensure that domestic violence cases are dealt with fairly and consistently. Domestic violence is a complex area, and rulings from the court must be tempered with input from the victim and their advocate. Victims must feel protected, and perpetrators of domestic violence must understand that this behavior is not acceptable in our society.
What makes you stand out from your opponents?
My experience on and off of the bench. I was raised on a farm, worked in warehouses and factories and have a broad background that helps me understand evidence in a wide range of cases. For over 12 years as Court Commissioner, I have been using that knowledge, coupled with my legal training, to apply the law to make fair and reasoned rulings. We are all experienced lawyers, but only I have judicial experience.
If you are elected, how will voters know whether they've made a wise decision?
They will know by seeing that it is important to me to uphold the public trust and the integrity of the judicial system, to listen and to understand the evidence in cases, and to rule on cases based upon the strength of evidence and the application of law. They will know by seeing the input of all involved parties in rule making so that the interests of the public are given fair weight in those decisions.
Burns has served as court commissioner since 1996. He's responsible for family court, small claims court and various other matters as assigned by the Circuit Court. He also has a private law practice in Monroe.
He is a graduate of the University of Wisconsin at River Falls and of the University of Colorado School of Law. He is a member of the State Bar of Wisconsin and the Green County Bar Association. He is past president of the Green County Bar Association and is currently vice president of the Wisconsin Family Court Commissioners Association.
Burns has been married to his wife, Kelly, for 30 years. They have three children; Brendan, Columbus; Colin, Colorado Springs, Colo.; and Morgan, Monroe.
Burns responded to a series of questions posed by The Monroe Times and his answers, as he submitted them, appear below. Dan Gartzke and Thomas Vale also responded to the same questions. Their answers will be featured tomorrow and Saturday.
How has your training, professional experience, and interests prepared you to serve as circuit court judge?
For more than 12 years as Green County Court Commissioner I have been hearing evidence and making rulings on a wide range of civil cases, including contracts, leases, accidents, and collections, as well as injunctions, child custody, child support, and paternity cases. As a lawyer since 1985, I am regularly in court and represent people in a broad range of cases commonly in front of the court such as traffic, criminal, juvenile, and contract disputes.
Would you have run for judge had there still been only one branch? Why or why not?
I would not have run unless Judge Beer had decided not to run. Judge Beer has been twice elected by the citizens of Green County, and I respect the job he has done for the citizens of this county.
List five supporters (individuals or organizations) that speak to your character and/or qualifications?
Sonja (Weidman) Gilbertson, my former small claims clerk
Jeffrey Kohl, Assistant District Attorney
Clarence Asmus, Attorney
Tara K. Kleinhans, Attorney
William E. Morgan, former Green County Corporation Counsel
What role will personal beliefs play in your judicial decision making?
I will continue to make the tough judicial decisions whether one side or the other has presented a sympathetic story. I believe every person is entitled to present their side of the story to the court and to have their case decided based on the facts and the law. As a judge, I will continue to put aside my personal beliefs, and base my decisions on the law in a fair and unbiased manner.
What is your judicial philosophy and how will it affect the way you function as a judge?
I believe the role of a judge is to apply the law to the facts of each case to reach a decision. Making law is the responsibility of the legislature, not judges. When the law is unclear, it should be interpreted by looking at the intent of the legislature. If that intent is unclear, the law should be interpreted in light of public policy, as determined by other laws and the actions of our legislature.
What's right, or what's wrong, with the Green County Circuit Court?
We have many good things happening in Green County Court. As our county grows, one branch can simply not keep up with the demands put on it, and the citizens of Green County will benefit from the second circuit branch helping to get cases heard in a timely manner. We need to explore scheduling options that may further decrease delays in cases and avoid the waste of court resources for the benefit of all.
Do you have any ideas on improving the efficiency of the judicial system?
There is often a connection between family court, juvenile matters, criminal matters and injunctions, where the same parties and same facts are involved. We need to look at combining these case types to minimize hearings, coordinate results, and get better end results for those involved. The number of people appearing in court without attorneys is increasing and we need to make information available to them on how the circuit courts work and what to expect.
What practices do you believe are necessary to ensure that each person coming before the circuit court receives a fair trial?
Judges must be knowledgeable, listen to all evidence presented and make fair rulings on that evidence. They must be impartial and approach each case without bias toward or against any party. Attorneys and parties must be allowed adequate time to prepare for and to present their cases. Trials need to be public and held within a reasonable time after filing of the case. The constitutional rights of all parties need to be respected and protected.
Under what circumstances would you close a circuit court session or seal a circuit court file?
Hearings should be closed only in the most extreme circumstances. Statutes require closing some hearings, including mental health and those involving minors. If there is an overriding interest of a criminal defendant that could be prejudiced by an open hearing, I would close a pretrial hearing to ensure the integrity of the judicial process. I would only seal a file when the reasons for closure are so significant as to leave no other practical option.
Do you believe the Green County Circuit Court is either too lenient or too harsh in dealing with drunken driving cases?
We need to exercise more court supervision over those convicted of drunk driving to ensure that the alcohol issues that led to that offense are dealt with. Alcohol abuse cannot be fixed by one appearance before a judge, particularly with multiple time offenders. We need a process, in which the offender remains accountable to the court for a period after conviction, to monitor offenders to be sure that they are complying with treatment.
Do you believe the Green County Circuit Court is either too lenient or too harsh in dealing with domestic violence cases?
I think more coordination of efforts between law enforcement agencies, prosecutors, advocacy agencies, victims and the defense bar is needed to ensure that domestic violence cases are dealt with fairly and consistently. Domestic violence is a complex area, and rulings from the court must be tempered with input from the victim and their advocate. Victims must feel protected, and perpetrators of domestic violence must understand that this behavior is not acceptable in our society.
What makes you stand out from your opponents?
My experience on and off of the bench. I was raised on a farm, worked in warehouses and factories and have a broad background that helps me understand evidence in a wide range of cases. For over 12 years as Court Commissioner, I have been using that knowledge, coupled with my legal training, to apply the law to make fair and reasoned rulings. We are all experienced lawyers, but only I have judicial experience.
If you are elected, how will voters know whether they've made a wise decision?
They will know by seeing that it is important to me to uphold the public trust and the integrity of the judicial system, to listen and to understand the evidence in cases, and to rule on cases based upon the strength of evidence and the application of law. They will know by seeing the input of all involved parties in rule making so that the interests of the public are given fair weight in those decisions.