DARLINGTON - His presence behind the bench in Darlington is unmistakable, with 30 years of service dealing with all things Lafayette County under his belt. Now, the judicial career of William Johnston is winding down with his decision to not seek re-election this year. His term ends July 31.

The Monroe Times caught up with Johnston, 72, for this exclusive Q&A regarding what has been a distinguished career, and what's next for the long-time judge.



Q: Your judgeship got off to a bizarre and tragic start when the incumbent you defeated looked to murder you and instead murdered a law partner. And you witnessed it. How long did it take to fight the flames of that ordeal before you stopped hearing about it and thinking about it?

A: "That question answers itself." (See below for more details).



Q: After graduating from the University of Wisconsin in 1964, you taught for two years at Sheboygan North Senior High School before going to law school. What did you gain from that experience that you could apply to your law career?

A: "I taught history and economics. Class size averaged 30 students. Managing students required discipline, organization, preparation of class materials, and understanding the unique and diverse personalities each student brought to class. I learned the importance of being patient but still in charge. I learned and employed methods of questioning to develop critical thinking skills in my students. I realized each student was a unique individual deserving of my respect. I learned to listen to what my students said with positive reaction. All of these were valuable skills and transferred well to the practice of law and while serving on the bench."



Q: What stands out as the biggest change in society and/or the legal system you've seen from the bench over the course of 30 years?

A: "The biggest change in society and/or the legal system I've seen during my 30 years on the bench is the increase in the number of women in the legal profession. This correlates to the women's rights movement in our society as a whole. The legal profession has benefited immensely from women attorneys. They have brought intelligence, hard work, professionalism, and human understanding to the legal profession. Lafayette County has seen the election of Charlotte Doherty as its first woman district attorney, and my successor may be Lafayette County's first woman judge. Technologically, the biggest change in the legal system has been electronics. Computerization has streamlined court functioning which is an ongoing progressive process."



Q: As Lafayette County's only circuit court judge, did you enjoy the variety of your caseload?

A: "Yes. The variety of matters coming before the court daily requires the judge keep current on many areas of the law."



Q: Regarding your style as a judge, what word or phrase would you think prosecutors would use to describe you? And how about defense attorneys?

A: "I believe prosecutors might say that I am not a rubber stamp judge. That I read and study the cases they bring before me; that I take seriously my duties and responsibilities as judge on the cases prosecutors bring before the court; that I am thorough in my work. Defense attorneys may say the same things. They might say that I move cases along and am not amenable to allowing cases to languish through delay."



Q: Now, how about a word or phrase you would use to describe yourself?

A: "Timely. In the words of my court reporter, Brian Whalen, to be on time is to be late. Also thorough and prepared. I listen and hear parties out. Fair, impartial and even-handed."



Q: You presided over the early stages of the Jaren Kuester triple homicide case last year. Was that the most upsetting in your career? If not, what case was?

A: "Any case involving facts of physical violence to another human being is upsetting, especially those cases involving children. One that comes to mind is the Green County case 86-CR-19, state of Wisconsin vs. James Bansley (the 19-year-old man was sentenced to 20 years for second-degree murder in causing the death of his 2-year-old stepdaughter). As judges and attorneys we are trained to know our duties and legal responsibilities and perform them accordingly in these types of cases."



Q: What is it about your personality that made you able to be fair and focused in the most extreme of cases?

A: "Attorneys learn in law school that there is no issue so thin that it does not have another side. Attorneys are trained to look for that other side of each issue. You have to keep an open mind and seek out all relevant facts, then apply applicable law to those facts. This process mandates impartiality and fairness in your approach. You have to be thorough, patient, and receptive to the possibility that a new idea, argument, or fact, may impact the process. Avoid a rush to judgment."



Q: What type of case grew more and more on your nerves as time went on?

A: "Every case has importance to someone. Respect that and cases will not get on your nerves as time goes on."



Q: What was it about being a judge in a rural county that made it special? What made it challenging?

A: "What makes being a judge in a rural county special is that you develop a feeling and understanding for the county and its residents. What makes it challenging is that the office can impose restraints on normal social activities. A single county judge has certain isolations professionally that might not be found in multi-judge counties."



Q: Away from the courthouse, what activities over the years have kept you busy?

A: "Raising a family and attending activities of my children. Being a member of community groups and activities, and a member of state judicial committees. Working on our farm property, hunting, fishing, traveling, and spending time with family and friends are some of the activities over the years that have kept me busy away from the courthouse."



Q: In 1990, you were assigned by the state to handle cases involving insurance delinquencies. In 2010, a $64-billion one came your way. Where does that stand and where does it rank among your challenges?

A: "In the matter of the rehabilitation of the segregated account of Ambac Assurance Corp., Dane County Case No. 10-CV-157, the plan of rehabilitation became effective June 12, 2014, after the Wisconsin Supreme Court declined to accept an appeal from the decision of the court of appeals affirming the rehabilitation plan approved by the circuit court. Implementation of the plan is currently awaiting appellate court decision on matters that have arisen since the plan has become effective. Of the insurance company cases I'm assigned involving insurance company liquidation, rehabilitation, or Wisconsin Security Fund matters, the rehabilitation of the segregated account of Ambac Assurance Corp. case is by far procedurally and technically the most complex case I've handled as Lafayette County circuit judge."



Q: Looking back at your career, what makes you most proud?

A: "That we got by the events surrounding my election, and restored the Lafayette County Circuit Court to a high level of service to the citizens of Lafayette County and the state of Wisconsin."



Q: Any regrets?

A: "Yes, that after my election to this office and before I was sworn in, the senseless actions of the incumbent I defeated in the election resulted in the death of my legal associate, attorney James Klein. Jim was a young attorney just starting his legal career. He was already a proven legal scholar, he graduated with honors from the University of Dayton law school, was on its law review, and was poised to launch a very promising legal career. He had a young family with two small children who would grow up not knowing their father or the umbrella of love and parenting he would have covered them with."



Q: Your replacement will be filling some big shoes. What is your advice for that person?

A: "To my successor in this office I would advise them to be ready to face a high learning curve. It is important personally and professionally to be ready for this office. You have to be organized both in your personal life and in management of this office. You have to be disciplined. You have to get things handled timely. You must be on time, not late for court. You have to understand and respect the rights of the parties who appear before you in court. Their time is valuable to them. Your office exists to provide citizens with a method of conflict resolution, respect that. You are a public servant. Read and understand SCR Chapter 60 Code of Judicial Conduct, and follow it."



Q: It's been a long and rewarding career, but what made you decide to call it a day at this point?

A: "To everything there is a season, and a time to every purpose under heaven (Ecclesiastes 3:1). I believe it important that the citizens of Lafayette County choose who will be their circuit judge. This would not be the case if I was unable to complete a term and retired.



Q: After July 31, when your term ends, what will the Honorable William Johnston be doing?

A: "I intend to seek reserve judge status. I will do mediation and arbitration work. I will travel and spend more time with family, especially grandchildren. (Local cattle rancher) Greg Roelli has offered me the opportunity to do pro bono farm work. I may from time to time attend meetings of the Towne House Historical Group. I hope to do volunteer work as well. Mahalo!"