Dunn County to receive 3rd circuit court judge
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By LeAnn R. Ralph
MENOMONIE — After 22 years, Dunn County will finally be receiving a third circuit court judge.
When the Dunn County Judicial Center was built in 1998, it was constructed with an extra courtroom for a third circuit court branch.
A third judge for Dunn County became a possibility when Governor Tony Evers recently signed a new bill creating 12 new circuit court branches in Wisconsin that will be added four at time each year starting in 2021.
According to a news release from state Representative Rob Stafsholt (R-New Richmond) (29th Assembly District) dated March 9, Wisconsin Act 184 allows for the third circuit court branch in Dunn County, effective August 1, 2021.
The third judge for Dunn County will be elected in April of 2021, and the candidate who prevails in the election will begin serving August 1, 2021, said Katie Schalley, Dunn County Clerk of Courts.
According to a state survey, Dunn County’s current judges — Judge Rod Smeltzer and Judge James Peterson — are each completing the work of 1.53 judges, Schalley said.
“They are doing the work of three judges right now between the two of them,” she said.
A third judge will allow people in the community to have more time in court and will allow the judges more time to consider each case, Schalley said.
“People will have more access to the courts … it really will be a benefit to the citizens of Dunn County,” she said.
And since the Dunn County Judicial Center already has an extra courtroom, “the building is ready to go,” Schalley said.
Budget
Representative Stafsholt initiated the legislation with a request for a third judge in Dunn County in the 2019-2021 biennial budget.
Other advocates were Representative Warren Petryk (R-Town of Washington) (Assembly District 93) and Rob Summerfield (R-Bloomer) (67th Assembly District).
“The latest figures show Dunn County has the second highest judicial need in all of Wisconsin,” Representative Stafsholt said.
A third judge for Dunn County has been in discussion since 2006, but Dunn County was not ranked at number three in the state for needing another judge until 2014.
In May of 2014, the Honorable Scott R. Needham, a St. Croix County Circuit Court judge and the Chief Judge for the 10th District in Wisconsin, spoke to the Dunn County board about the very real possibility of adding another judge.
Dunn County has enough of a caseload to warrant adding a third judge, Judge Needham told the county board in 2014.
Three criteria are considered for adding another judge and include the caseload in the county, whether the county has an available courtroom, and local support from the county board in the form of a resolution supporting legislation for additional judges.
The Dunn County Board of Supervisors unanimously approved a resolution in May of 2014 supporting legislation to create additional judgeships and urging the state Legislature and Governor Scott Walker to create a third branch of the Circuit Court for Dunn County.
The state Legislature created six judgeships in 2015, but Dunn County was not among them.
Caseload
Even though Dunn County is considered a rural county, Interstate-94 contributes to the challenges placed on the court system because I-94 makes it easier to transport illegal drugs to or from the Twin Cities.
“Due to its rural character and freeway presence, Dunn County is one of the hardest impacted areas of the state from methamphetamine and other illegal drugs, and an additional branch will certainly offset the judicial backlogs in dealing with the additional crime connected to this epidemic,” Representative Stafsholt said.
“I am glad to see that after working with my colleagues on this issue, Dunn County will be receiving an additional judge,” Representative Summerfield said.
“The meth and opioid epidemics have taken a toll on our communities and justice system, leading Dunn County to have one of the highest caseloads in the state. This additional judge will be a great asset in combating this problem moving forward,” he said.
“Earlier this session, I met with my colleagues to talk about the importance of people having timely access to our court systems, and this announcement is the reality of our hard work,” Representative Petryk said.
Judge Smeltzer and Judge Peterson also were instrumental in securing a third judgeship for Dunn County.
Judge Smeltzer engaged in “tireless advocacy” for an additional circuit court branch through many telephone calls, e-mail messages and trips to Madison, Representative Stafsholt said.
Judge Peterson “allowed me to sit beside him on the bench and experience just how busy they really are so I could relay that to my colleagues through this process,” he said.
Clara Minor, who served as Dunn County Clerk of Courts for nearly 25 years and retired in April of 2017, was the impetus behind including additional courtroom space in the Dunn County Judicial Center when it was built in 1998.
The state of Wisconsin will pay the salary for an additional judge and for an additional court reporter, and Dunn County is responsible for providing a courtroom, supplies, and sufficient room for support personnel.

