EDWBA Leadership

Letter from the President

Attorney Matt O'Neill

Matthew W. O'Neill

The Eastern District of Wisconsin is a great place to practice. Our judges and magistrates are second to none, the courthouse is magnificent, and the attorneys who practice here are smart, courteous and respectful. I am deeply honored to serve as the tenth President of the Eastern District of Wisconsin Bar Association.

Our decennial, however, has started out tragically. We lost three of the great ones – much-loved former U.S. Attorney Dave Cannon in July, the incomparable Judge Terry Evans in August, and attorney extraordinaire Nathan Fishbach in September.

Dave Cannon was a legend in the Milwaukee legal community. A former Milwaukee County District Attorney and United States Attorney, and a guiding partner at Michael Best, Dave hired and mentored dozens of the best attorneys practicing today. He was a long-time member of the EDWBA and a constant presence at our events. In 2006, the EDWBA honored him with the Myron L. Gordon Lifetime Achievement Award.

Judge Evans was also a great friend to the bar association. On several occasions he spoke at bar events, including an epic, moving speech at the 2010 Annual Meeting, when he received the Myron L. Gordon Lifetime Achievement Award. The attendees were in tears, mostly from his world-class sense of humor but also from his fond tribute to his clerks. The bar association was honored to work with the Seventh Circuit Bar Association to jointly host a reception following a memorial ceremony at the courthouse.

Nathan Fishbach was even more central to the EDWBA: he started it, along with Bill Mulligan and Judge J.P. Stadtmueller. Nathan served as the very first President, and worked tirelessly on behalf of the organization, including personally inviting the original slate of directors, of which I was one, to serve on the EDWBA board. Over the years I came to know Nathan personally, and viewed him as a friend and a mentor. No one practiced law with more class, more grace, than Nathan. In every sense he was a gentleman and a scholar. A lawyer’s lawyer, a family man, a fierce advocate, and even (almost inexplicably) a Notre Dame fan. Earlier this year, a propos of nothing but his endless and bountiful good will, Nathan sent me a subtle coffee mug with “Play Like a Champion” printed on both sides. Nathan, indeed, played life like a champion.

While we miss Dave, Terry and Nathan, we trudge on. The Evening at the Courthouse in September brought together the “federal family” at the courthouse with a good chunk of our bar association for some welcome socializing. A courthouse luncheon in October honoring attorneys for their pro bono service was terrific, with nearly all of the judges and magistrates in attendance to personally share their thanks. The 4th Annual Electronic Discovery Conference was held November 15, 2011, and drew a record crowd.

Our upcoming slate of events, set forth below, is excellent. Don’t miss the Town Hall event on December 14 – it is among the best of opportunities for members to interact directly with our bench. And Judge Pepper’s “Winning from the Beginning” program on February 22, 2012 will be a priceless opportunity to refresh your strategic litigating chops with help from a judge who only sees the final product. Finally, April 26, 2012 – imprint that date on all calendars you have – will be our 10th Annual Meeting.

A Tribute to Terence T. Evans

United States District Judge for the Eastern District of Wisconsin (1980-1995)
Chief Judge (1991-1995)
United States Judge for the Court of Appeals for the Seventh Circuit (1995-2011)

Judy Donegan

Terry Evans died August 10, 2011; he was 71 years old. His death silenced one of the most eloquent and sensible voices most of us will ever know. Our personal grief is intensified because, in these difficult times, his was a voice we need more than ever. One can only be grateful for whatever forces converged to make him such an extraordinary man.

He loved his family—his wife Joan and his children Kelly, Christine, and David. He adored beyond all reason his grandchildren Olivia, Stella, and Henry.

He was a loyal friend. Even as he rose to prominence, he never forgot his boyhood buddies from his old Riverwest neighborhood. He helped them with problems that friends of most federal judges probably don’t have.

Being rooted in the lower middle-class decency of Milwaukee not only made him street smart, but also gave him an unwavering respect for all people. When his mailman retired, he attended his retirement party. When he was appointed to the Court of Appeals and began working in the Dirksen United States Courthouse, he was, of course, forging relationships with his judicial colleagues, but also learning the names of the Court Security Officers and pointing out to them the inadequacies of the Chicago Bears.

He wanted to remain a regular guy. Going to lunch most often meant Real Chili. Those of us who worked for him shuddered when we heard that he was crawling around on the roof of his three-story house helping his handyman repair the flashing. He enjoyed the very rare occasions when people did not know who he was – especially those who probably should have known. At a forum for those running for the Wisconsin Supreme Court, one of the candidates who was meeting and greeting people asked Judge Evans his name. Judge Evans identified himself simply as “Terry Evans” and proceeded to discuss how disgraceful the campaign was. One wonders if the candidate later learned that a federal court of appeals judge had just read him out.

He had an active mind with an interest in the law, but also in sports, movies, and music. His head was full of trivia. He thrived on quizzing his friends about the more arcane rules of baseball or the subtle details of the “Godfather” movies.

He loved competition, especially participating in sports. He was, we all know by now, a track star at Marquette University. In some unlikely turn of events, he was also for a while on a bowling team. And he prepared absurdly elaborate “leader boards” for the marathon golf tournaments he and his friends had at Lawsonia, where 36 holes a day was the norm. He liked other forms of competition as well. He was the “Commissioner” of the Milwaukee federal building’s annual football and March Madness contests. The Commissioner was, of course, the person who made the rules–and changed them. He was mystified when someone, who chose winners on the basis of the colors of their uniforms, had a better score than a renowned authority on the game–namely the Commissioner himself.

He was an avid student of history and was insightful about legal and political trends. He quietly and carefully thought about what was behind those trends, and he never stopped with the easy or obvious explanation. He wondered, in recent years, if conditions had deteriorated or if it just seemed that way because we had grown older.

He was analytical and intelligent. He never flaunted his considerable intellectual gifts but they were obvious to all who knew him. He had an impressive breadth of legal knowledge. Day after day, federal judges are expected to deal wisely with everything from state slip-and-fall cases to those involving securities fraud or obscure federal statutes like the Alien Tort Claims Act or the Federal Sovereign Immunity Act. He was quick to learn each area of law and, in what is more remarkable, he seemed to remember everything.

He took the business of judging very seriously. He liked being a judge, not for the power it gave him personally, but for the power it gave him to do the right thing. He was deservedly proud of the work he did.

And, of course, he was a talented writer and notable wit. From a case in the District Court involving yellow page ads for plumbers to one of his last cases on the Court of Appeals, a case involving toilet paper, he combined a sometimes over-the-top delight in language and puns with a solid analysis of the issues. In addition to making people want to read his opinions, his sometimes surprising references often made a subtle point. Comparing Chicago Italian beef stands--out of which the Undertaker Vice Lords sold cocaine and heroin – with “Alice’s Restaurant” should have indicated to the dealers that they were not so mighty after all.

Perhaps it was all these characteristics and more that made him a judge who wondered why a single mother, who was a low-level "mule" for a drug ring, was destined, under the U.S. Sentencing Guidelines in effect at the time, to receive a sentence disproportionally long as compared with the leader of the conspiracy. Or why a multinational corporation that bought out a long-time Milwaukee company could wipe out what were tacitly understood to be lifetime health and welfare benefits for union employees. Or, though he recognized the difficulty of their jobs, why correctional officers could be allowed to routinely mace prisoners locked in their cells in solitary confinement. Or why the police, whom he honored and respected, would beat members of the Vietnam Veterans Against the War, who were attending a block party. Or why a state could effectively disenfranchise poor voters by requiring picture IDs at the polls.

He was a judge absolutely dedicated to fairness for all within the bounds of the law. He was eloquent, intelligent, and pragmatic – a voice of reason. I feel privileged to have known him.

Remembering Nathan A. Fishbach

On May 15, 2011, Nathan Fishbach was awarded the American Inns of Court Professionalism Award at the Annual Dinner of the 60th Annual Meeting of the Seventh Circuit Bar Association and Judicial Conference of the Seventh Circuit. The award is presented annually on a circuit basis nationwide to honor a senior practicing judge or lawyer whose life and practice display sterling character and unquestioned integrity, coupled with ongoing dedication to the highest standards of the legal profession. While Nathan was present to accept the award, program time limits kept him for delivering a speech he had prepared.

Nathan's speech for that occasion, a portion of which is quoted below, contains important lessons for us all. In addition to what is printed below, Nathan's prepared remarks included his appreciation of the Seventh Circuit Bar Association and Inns of Court for the award and his moving expressions of gratitude to the legal community and his colleagues at Whyte Hirschboeck Dudek for their support, and his love for his family, including his wife Susan and sons Brian, Michael and Jeff. 

Nathan passed away on September 17, 2011, following a courageous battle with cancer.

Everyone has a special feeling towards the district where they have practiced the most. I have always felt that the Eastern District was a great place to practice. And one of the main reasons is that like other districts in the circuit, it puts forth such a huge effort in promoting collegiality among the bar and in fostering communication with the judges. Obviously, this is beneficial to the judicial process – and to the clients whom we serve.

This environment in which litigation is practiced in the Eastern District is particularly helpful to young lawyers. Many young lawyers sometimes have the erroneous notion that to be a successful lawyer, you have to take an aggressive, bombastic “take no prisoners” approach to practicing law. When young lawyers start practicing in the Eastern District, they quickly learn that they can be successful attorneys and still act professionally to the court and to adversaries. This is incredibly helpful guidance to young lawyers as they begin their career journeys.

My own career journey took an unexpected turn a year ago when I learned of my medical situation. When I learned about this condition, the immediate question was what would be my next steps. Then a realization came to me. I enjoy what I do. I enjoy working in developing cases and in framing issues for clients. I enjoy participating in the work of various groups, such as court committees, bar associations and Marquette Law School’s Advisory Committee. And I realized that if I enjoy what I did before this situation began, why should I not continue to enjoy it now?

And so I kept on doing what I have always been doing – but with a new appreciation of how much I enjoyed it. And with a greater intensity and urgency than before.

And I came to the realization that this might be the test of whether someone really enjoyed what they do -- If faced with the situation that I was in, would you continue to do what you have been doing for years? For me, during the past year, work was not a burden – but really a salvation.

Over the past year, two lessons were brought home to me.

First, it is a futile exercise to ponder why unexpected events, particularly bad events, occur. Rather, it is better to focus on how you respond to these bad events. You cannot control whether bad things happen. But you can control your response to them.

Second, in responding to obstacles, it is important that a positive attitude is maintained. Medical studies demonstrate that those patients who are optimistic have better outcomes than those who are not.

It is imperative to always maintain the hope that things will work out. To some degree, this is contrary to our every day work as attorneys. For as lawyers, we are very pragmatic. We carefully measure probabilities. I have learned that when faced with difficulties, sometimes it is necessary to suspend pragmatism. Rather, focus on the positives. Focus on hope. Focus on faith in the future. Focus on the life raft that remains, no matter how small.

These lessons are not new to me. In fact, as a former prosecutor, serving in the US Attorney’s Office for over 13 years, it is natural that a large part of my present practice is crisis management in the compliance area. And as such, I have recited and continue to recite these lessons to my clients when counseling them during difficult situations. However, I did not fully appreciate these lessons until recently.

I mention these lessons because they have an application in teaching our law students and young lawyers about our profession. As young lawyers start out, they are inevitably confronted with obstacles. Bad things happen unexpectedly. This is particularly true in a profession where controversy and conflict is the name of the game.

When obstacles arise, the immediate reaction of the young lawyers is frequently: “Why did this happen to me?” And unfortunately, rather than dealing with the issue, they feel that the obstacles provide them with a license to start cutting corners. And this is often how professional misconduct and other similar issues arise.

I believe that as a profession, we have to continue stressing to our law students and our young lawyers that along their career journeys, every attorney confronts unexpected challenges. These obstacles should not be viewed as an excuse to act inappropriately. Rather, the obstacles should be embraced as a test. For, at the end of the day, the true measure of attorneys (and in fact, everyone) is how they address such challenges.

A Fond Tribute to Dave Cannon

Franklyn M. Gimbel

I first met David Cannon on the corner of North Franklin and East Knapp Street in the fall of 1958. He was a passenger in the Green bus, which traveled west down Wisconsin Avenue past 11th Street, the location of Marquette law school. Actually, Dave got on the bus near his home on Lafayette Place, and I lived in an apartment with a young wife at 1040 East Knapp Street. During the next two years we experienced the rigors, stresses, and adventures of law school, which during the 1950s was far different than it is in the 21st Century. There were no computers or cell phones to do research, take and keep notes, or communicate with others. We actually had to read books, write in long hand, meet face-to-face with folks, and use land line phones from home. Marquette was in tired old quarters, but the facilities were adequate for the purpose of preparing us to be lawyers.

Following our graduation in 1960, our paths crossed many times professionally, while at the same time our friendship grew and flourished. Dave started out with his brothers in a small neighborhood law firm, and then moved into the Milwaukee County D.A.’s office, having been appointed by then-Governor Warren Knowles. As a Republican appointee, his tenure was short lived in Democratic-leaning Milwaukee County. Shortly after he lost that job to E. Michael McCann, he was appointed United States Attorney for the Eastern District of Wisconsin by then President Richard Nixon (one of Nixon’s good decisions). Both as District Attorney and as United States Attorney, Dave hired and directed many young lawyers who developed into the best of the bar. Dave’s leadership style, much like his lifestyle, was to allow those around him to develop in their own manner. Dave encouraged and supported his minions without imposing his brand. When Dave left the U.S. Attorney’s Office, he went to Michael Best & Friedrich, which was a growing corporate law firm. At Michael Best, Dave started a litigation section and guided it to prominence.

Dave Cannon enjoyed a great reputation as a mentor, trial lawyer, bar activist (he served as president of the Milwaukee Bar Association), and community asset, but more importantly he was a husband, father, grandfather, and friend. The absolute consistency in each and every role of his remarkable life was his selflessness. Dave Cannon always made you feel as though your issues were more relevant than his involvement in resolving them. Yet resolve them he did.

I will always be indebted to Dave Cannon for the role he played in brining my son Josh into Michael Best after Josh concluded a term as law clerk for federal judge Terry Evans, and mentoring Josh into a fine lawyer with Dave Cannon ethics and integrity. The lawyers in the greater Milwaukee community lost a treasured asset on July 26 when Dave Cannon lost his two-year battle with cancer.

Kids, Courts, and Citizenship Inspires Summer Internship

Stephanie Quick and Laura Cronin

Bay View High School senior Jamila Thomas participates in summer internship.

Sheryl Stawski explains the role of a court reporter.

This past summer, Jamila Thomas, a senior at Bay View High School, interned at the federal courthouse. Jamila first visited the courthouse on June 16, 2011 when the Eastern District of Wisconsin Bar Association’s Kids, Courts, and Citizenship (KCC) program hosted PEARLS for Teen Girls, an organization Jamila has participated in for the last two years. PEARLS is a non-profit leadership development organization that helps Milwaukee girls achieve in school, avoid teen pregnancy, and use their personal power to achieve their goals and dreams. KCC brings Milwaukee students to the federal courthouse to learn about the work of the court and to expose students to the different careers available in the courthouse.

During Jamila’s trip to the courthouse, KCC focused on the careers of women in the courthouse. A highlight of the session was a roundtable discussion between the girls and Magistrate Judges Nancy Joseph and Patricia Gorence; law clerks Naomi Sanders and Camille Bent; court reporter Sheryl Stawski; Deputy Marshal Rasheda St. Hill; Karen Prochniewski of the clerk’s office; and Assistant United States Attorney Lisa Wesley.

After the KCC program, Jamila contacted Judge Joseph’s chambers and asked to volunteer at the courthouse due to her interest in a legal career. During her internship, Jamila worked primarily on an archiving project in the courthouse library. The project required Jamila to check Westlaw to see if an order had been published in the Federal Supplement. Barbara Fritschel, courthouse librarian, stated that Jamila was a “great worker” who “quickly understood the scope of the project and was able to identify problem areas.” Ms. Fritschel continues, “Jamila completed the project earlier than expected and with great accuracy.”

Attorney Matt O'Neill speaks with the students

Judge Nancy Joseph hosts the Hmong American Peace Academy.

In addition to her work in the library, Jamila worked at the bankruptcy help desk where volunteer attorneys provide assistance to Chapter 7 debtors, or people considering filing Chapter 7 bankruptcy, who wish to proceed pro se. Jamila assisted with printing, organizing, and stapling the paperwork. Jamila also spent a day shadowing the Federal Defender Services and was impressed by the busy pace of the office. Jamila explained that the most interesting part of her internship experience was watching court proceedings. She was particularly struck by watching a judge tell a defendant that he could be sent to jail if he associated with his friends who were involved with drugs.

Jamila said the internship taught her the steps it takes to become a lawyer and allowed her to explore the different careers available at the federal courthouse. After graduation, Jamila plans on attending college and is currently preparing for the ACT. Jamila greatly appreciated the openness of everyone she met in the federal courthouse and their willingness to take the time to talk to her about her interest in the law. Jamila hopes that others in the Eastern District of Wisconsin continue to share information about their careers with students.

In the upcoming months, KCC will be hosting students from the New School for Community Service, Tenor High School, and Washington High School. KCC kicked off the school year by hosting students from the Hmong American Peace Academy on October 6, 2011. If you would like to participate in one of the future programs or sponsor a give-away for the students, please contact Katy Borowski at 414-276-5933 or This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Eastern District of Wisconsin Pro Bono Program

Elizabeth K. Miles

Whether you are a new attorney or a seasoned litigator, accepting a pro bono assignment is a good way to gain experience, learn a new area of law, and give back to the community. The Eastern District of Wisconsin has pro bono opportunities in a variety of cases, including civil rights, Title VII, and other discrimination cases. The courts also appoint attorneys for the limited purpose of representing pro se litigants in mediation. The Bar Association supports the program by recruiting and maintaining a list of attorneys willing to accept pro bono appointments.

Kathy L. Nusslock of Davis & Kuelthau and Maria Kreiter of Godfrey & Kahn are two active members of the Eastern District’s pro bono program. Kathy’s first assignment was as trial counsel for an inmate alleging that prison officials violated his right to free exercise of religion by denying him late bagged dinners during the Fast of Ramadan. When Kathy accepted the appointment, the plaintiff had successfully appealed the district court’s grant of summary judgment, and the case was positioned for trial. On remand, however, the defendants filed another motion for summary judgment. Instead of proceeding to trial, the parties undertook additional discovery, including depositions and the retention of an expert witness. The case ultimately settled – an uncommon resolution in such cases. Kathy also recently accepted an appointment for the limited purpose of mediation representing a transgender inmate alleging unconstitutional treatment while incarcerated. After ten hours of mediation with Magistrate Judge Gorence, the parties reached a settlement agreement. In both cases, associates working with Kathy had the opportunity for significant client contact and participation in court proceedings.

Like many, Kathy believes attorneys have an obligation to provide pro bono representation. Not only does it benefit those who might otherwise be bewildered and frustrated by court procedures, it also helps the courts function more efficiently. Taking a pro bono assignment is simply “the right thing to do.”

Maria Kreiter echoes Kathy’s sentiments. Maria recently accepted a pro bono assignment representing a former inmate seeking reimbursement of income collected by the halfway house where he resided at the end of his prison sentence. Maria amended the plaintiff’s complaint to include a cause of action under the Little Tucker Act and obtained summary judgment in the plaintiff’s favor.

Maria describes her pro bono experience as a breath of fresh air. The case provided the opportunity to think creatively in an area of law outside of her commercial litigation practice, and the plaintiff’s heartfelt appreciation was extremely rewarding. Like Kathy, Maria believes attorneys have the obligation to assist the court and pro se litigants by taking pro bono assignments. The feedback Maria has received from federal judges regarding the program has been very favorable.

If you are interested in accepting a pro bono assignment, contact the court’s pro se law clerks, Jennifer Hong (414-292-3362) or Kelly Mangan (414-292-3361).

An Evening at the Courthouse – September 15

Photos courtesey of Daryl Olszewski.