It’s
been 11 years since veteran District Attorney Sandy Williams brought
unwanted attention to Ozaukee County, when she decided to prosecute
Kevin Gillson, an 18-year-old who got his 15-year-old girlfriend
pregnant when both were high school students in Port Washington.
Technically, under Wisconsin law, Gillson committed a crime, since
he was 18 and his girlfriend was under the age of consent.
Unlike so many young parents, Gillson wanted to support his
girlfriend and child, offering to get a job, support his new family,
and get married. During the very public debate, the number of
Ozaukee County residents who supported the continued prosecution of
Gillson were small in number and quiet in voice.
Yet, Williams showed little regret for bringing the Gillson case
to trial, despite the massive public backlash. "Does it mean
that because he said he’s sorry, we’re supposed to close our
eyes to it?" Williams told a local newspaper in 1997. In the
end, Williams did not recommend jail time in the case, and Gillson
eventually received two years of probation.
But the controversial case prompted former Republican Gov. Tommy
Thompson to sign the "Kevin Gillson bill," which allowed
judges to apply discretion as to whether the names of teenagers
should be added to Wisconsin’s sex offender registry. Thompson was
prompted to agree to the exception by Republican State Sen. Alberta
Darling, who helped to write Wisconsin’s original sex offender
legislation. At the time of the controversy, Darling told a local
newspaper that the sex offender registry wasn’t intended to punish
people like Gillson. Fortunately for the defendant, an Ozaukee
County Circuit Court judge agreed, leaving Gillson’s name off
Wisconsin’s registry.
It’s not often that a district attorney finds herself to the
judicial right of conservative Republican politicians on law
enforcement issues. Living alone on such an authoritarian island
requires both a lapse of common sense, and a hard-line
interpretation of law that doesn’t leave much room for nuanced
judgment or analysis.
A few months ago, Williams raised new questions about her
hard-line stance, when she chose to bring five charges of
fourth-degree sexual assault against a 14-year-old boy who engaged
in numerous incidents of inappropriate touching of girls at Steffen
Middle School in Mequon. The boy, who was 12 and 13 years old at the
time of the incidents, was accused of grabbing one girl’s buttocks
and unhooking another’s bra strap. For his role in the incidents,
the boy was suspended by the school, visited with a therapist, and
was sent away to a wilderness camp for troubled teens by his own
parents.
But these treatments and punishments were not enough for
Williams, who threw enough charges at the teen to potentially
incarcerate the boy for up to nine months for each accusation, not
to mention the possibility that the boy would end up listed on
Wisconsin’s sex offender registry.
The boy’s father told a local newspaper he was in "total
shock" upon hearing about the charges, and refused to negotiate
a plea bargain with Williams. The Mequon man became the latest in a
list of parents confused by Williams’ decisions. In fact, his
comments seemed to echo those made by Gillson’s mother 11 years
earlier. "I just don't trust the system anymore," Sue
Gillson told a local newspaper in 1997.
As district attorney, Williams’ actions too often have raised
eyebrows both inside and outside Ozaukee County. Candidates for
circuit court judge should have a long history of creating
consistency and trust in the judicial system, not raising questions
and confusion through a perceived lack of common sense within the
system.
Williams’ campaign Web site boasts, "As your district
attorney, she has ensured that people are treated fairly while
consistently guarding the safety of our community."
But despite 25 years of experience as district attorney, Williams
seems to be inconsistent in applying community standards and a
common-sense, "fair" interpretation of the law, especially
in teen sexual assault cases. The letter of the law and the spirit
of the law are two obviously different things. Judges are human
beings, with an inherent ability to rationalize beyond legal words
on paper. This debate isn’t about whether or not judges should
"legislate from the bench," but rather whether judges’
decisions should reflect the opinion of the majority of the
community, even if that decision flies in the face of the standing
legal language in certain rare situations.
Williams’ opponent, Darcy McManus, Ozaukee County Court
Commissioner for the past 15 years, seems to take a more mainstream
approach to interpreting the law.
"I have proven over the past 15 years that I have the
temperament to listen carefully to everyone who appears in my court
and the good judgment and common sense to make the best decision
possible in each case," McManus told a local newspaper. When
she came to my door last week, McManus assured me that she would
consider all factors when evaluating whether to charge a teenager in
cases such as those above.
Good judgment and common sense are qualities which Ozaukee County
should demand from every circuit court judge.
Tim Schilke is the author of "Growing up Red" and
lives in Grafton. Send comments or column ideas to him at growingupred@hotmail.com.
His column runs often in the News Graphic, and is available online
at www.dailynewsol.com/editorials/editorials.htm