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Candidate Profile: Duane Jorgenson
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Candidate Profiles

The Monroe Times contacted candidates in area races and gave them the opportunity to submit profile information. The following profiles were returned and are published below as they were submitted. Guy Taylor, Katherine Findley, Duane Jorgenson and Gayle Jebbia are running in the Feb. 17 primary election for Lafayette County circuit court judge. The top two in votes advance to an election April 7, the winner of which will replace retiring judge William Johnston. Johnston, who has held the position since 1985, will retire when his term ends July 31.

Duane Jorgenson

Age: 62

City/town of residence: Darlington, Wisconsin

Family:

Spouse: Liz Jorgenson (Married 37 Years)

Children: Duane Jr. (Dewey) married to Christina with 3 children; Becky married to husband Kyle with 4 children; Matthew-attending UW-Richland; Amy-attending Cardinal Stritch University

Education: Darlington High School Graduated 1970; Valparaiso University-Graduated 1974; Northern Illinois University College of Law Graduated 1991

Occupation: Attorney (Solo Practitioner) (24 years)

Lafayette County Corporation Counsel (21 years)

Previous relevant experience: Administrative Law Judge for Five Years-Handled Hearing throughout the State of Wisconsin; Lafayette County Corporation Counsel for 21 years. 1 of 3 Three Attorneys on the Wisconsin Court Improvement Project for Children's Court; 1 of 19 Family and Children's' Attorneys from across the United States invited to be a Member of People to People Delegation to Peoples Republic of China (People to People is a U.S. State Department initiative.) Purpose of the delegation was to Consult with government and legal reformers on legal system reforms in China; Appellate Practice-Handled a variety of Criminal and Civil Matters on Appeal to Wisconsin Court of Appeals and Wisconsin Supreme Court; First Lafayette County Attorney to argue before the State Supreme Court; School Board Darlington Community School District (5 years); School Board President-Darlington Community School District (4 years); CESA 3 Board of Control; Represented various municipalities



What is your judicial philosophy?

My judicial philosophy begins with judicial temperament. I have appeared in front of many of judges over the years, and I have observed the best judges command respect by maintaining their judicial temperament. Above all else, whether it is an attorney, party or witness it is necessary that those who appear in Court have the sense they were heard and what was said was thoughtfully considered. Good judges are thoughtful, impartial and even handed. Respect the people who come before you and respect the importance of what is being asked of you as judge.

The Court must provide a process which is both legally correct and fair, and permits both parties to be heard. After assuring the process is fair, the Court must be prepared to hear and decide the matter. Anyone who is judge must be able to keep an open mind, listen to all of the relevant facts, and then make a decision based upon the applicable law and facts in a timely manner, so matters get resolved quickly but fairly. A judge needs to be thorough, patient, impartial and avoid a rush to judgment.



What personal qualities or characteristics, other than fairness and impartiality, would you bring to the bench?

I am told by everyone who knows me that I am patient. I have a strong belief that the most effective way to reach a resolution to a conflict is to listen carefully to people involved, including those that I may disagree. I have always worked hard to keep an open mind. I find the best decisions come after careful and thoughtful consideration of both sides of a dispute, which can then be both logical and reasoned in its outcome. As school board president for the Darlington Community School District, I have worked to assure those who come in front of the board are given an opportunity to be heard and their concerns have been thoughtfully considered. I intend to carry that same approach to the bench if elected Judge.



Is there a case you have been involved with of which you are particularly proud? And is there a case you have been involved with that, in retrospect, you wish you had handled differently? Please explain.

This a very difficult question to respond, as attorneys are bound by rules of professional ethics and attorney client privilege which require matters relating to handling of clients cases confidential. That said there are specifics I cannot disclose in responding.

There are two cases that come to mind where I am particularly proud. The first involves a guardianship matter. Guardianships are complicated cases; typically involving extended family members, multiple attorneys representing competing interests. There is an absolute requirement of an evaluation by a doctor regarding competency for whom the guardianship is being sought. I was contacted at 12:30 p.m. by local authorities who were aware of an individual that had been the victim of a catastrophic event. The person had suffered life threatening injuries. I cleared my afternoon calendar. At 1:00 p.m., and at their request, I met with a battery of law enforcement and quickly determined the victim needed surgery as soon as a guardian could be appointed. Time was of the essence, the longer the delay in appointing a guardian, the odds of survival lessened. I was told at best the chance of survival was only 10%, and the guardian may be needed to make end of life decisions. By 3:00 p.m. a hastily scheduled temporary guardianship hearing convened. The Court was presented with a Petition for Guardianship, proposed Letters of Guardianship and a proposed Determination and Order for Guardianship. The treating physician testified as to the need for guardianship, expressing surprise at the speed with which Court action was happening. The doctor expressed the opinion the victim's chances for survival improved to 40% because of the speed with which we were acting. By 3:30 we had a guardian appointed and Court Orders signed. The victim was able to have immediate surgery and survived. The quickness and efficiency with which the matter was handled allowed for a good result.

The second case that I am proud of is the case Kelley H. v. Steven V., a landmark case I argued and won before the State's high court, while not my first case before the Wisconsin Supreme Court, it was the most complex. A case involving the termination of parental rights, in prevailing, I persuaded the high court to overturn, modify or clarify six previous decisions. The Wisconsin Law Journal listed it as one of the top ten most significant cases of the year.



Do you believe the current criminal/civil court system is effective, or do you believe our current justice system is becoming ineffective? Are there methods or changes you would like to see instituted to increase the effectiveness and/or efficiency of our court system?

I believe our local court system has for the most part been effective. Generally the most effective change or improvement the court can make is to improve its response to child maltreatment. Study after study has shown that children who are maltreated, either by abuse or neglect have a significantly higher likelihood to be involved in the Court system. Children who are maltreated are 50-60% more likely to develop alcoholism or use illegal drugs. Children who are maltreated are twice as likely to engage in violent crime either as a juvenile delinquent or as an adult. Combating child maltreatment has been the focal point of my legal career. The correlation between crime and maltreatment was the driving reason the Wisconsin Supreme Court initiated the Court Improvement Project to improve the Court system's response to child maltreatment. I one of three attorneys state wide asked to make up a multi-disciplinary Advisory Board to guide the State wide project. The Court's focus must be on stopping and preventing maltreatment and the children who have been maltreated heal.

I consider my greatest achievement in my legal career is my 21 years serving Lafayette County as Corporation Counsel for Human Services. Few realize that Lafayette County's handling of child protection and juvenile court matters has set the standard for the rest of Wisconsin. In a recent federally mandated audit of Child cases of all the counties in Wisconsin, Lafayette County was singled out as ranking the highest, by a wide margin among all the counties in the State of Wisconsin in the management and successful conclusions of Children Court cases. As the sole prosecutor of these child maltreatment cases, cases have moved quickly and efficiently through the Court system. As Corporation Counsel it has been my responsibility to make sure these matters are handled quickly, children are protected, and children are allowed to heal from the harm they have experienced. Fact is that Lafayette County for the past 21 years has set the standard for the State of Wisconsin in Child Protection. I am proud that I have led that effort. I have not done this alone, Lafayette County has been fortunate to have a Judge who understands the importance of protecting our children. I look to continue those efforts if elected Judge.



Why are you the best candidate for this office?

My experience, legal expertise, and knowledge of Lafayette County and the people who live here make me the best candidate to be elected Circuit Court Judge.

Besides a strong legal intellect, a Judge must know his community, have deep compassion for the community and the people who live in it, caring about the people and the community around him. I have lived in Lafayette County my entire life, as did my parents and my grandparents. Besides practicing law in Lafayette County for 24 years, I was married here, raised my family here and I have been committed to helping Lafayette County be a good and safe place to live, work and raise a family. Besides practicing law in Lafayette County, I have been active in my Church serving as President of the Church Counsel, a 4-H Leader, coached youth sport teams, and currently I serve on the Darlington School Board-approaching five years, with four years as Board President. I believe my strongest attribute which I bring to the position of Circuit Court Judge is my knowledge of Lafayette County and our communities of the people who live here, their values and the dynamics of the communities and my life time commitment to living here, raising my family here and being active in making Lafayette County a good place to live and raise a family. While I have an extensive legal background, a judge needs to be more than a legal technician. The mere possession of legal knowledge and skill does not qualify one to be a judge. As I have campaigned across Lafayette County I have recollections of playing in my grandfather's house and yard on Broad Street in Argyle, baseball and softball in Wiota, Shullsburg and Darlington, and playing and swimming at the park in Blanchardville. I am also pleased that my children were able to have those same experiences in Lafayette County and I want other children who live here to have that same opportunity.

Besides my connection with Lafayette County, my legal background is well suited for being Judge in Lafayette County.

I have practiced in all phases of the law. I have handled criminal, civil and appellate cases. I have handled everything from small claims to complicated contractual disputes, boundary disputes and eminent domain matters. I am the only candidate that has such a broad experience, and I have been handling this broad array of cases since 1991 well before any of my opponents had even heard of Lafayette County, or places like Argyle, Blanchardville, Wiota, South Wayne, Shullsburg, Gratiot, Benton, Belmont or Darlington.