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THE CITY REBORN FROM THE ASHES OF AMERICA'S MOST DISASTROUS FOREST FIRE
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Hold First Trial In Marinette County's New Courtroom

Issue Date: September 23, 2020

In late July, at the suggestion of Circuit Court Branch I Judge David Miron, Circuit Court Branch II Judge James Morrison asked Marinette County officials to convert the County Board room on the third floor of the courthouse back to its original purpose as a courtroom, but with a new design that would allow 12-person jury trials to be conducted there in full compliance with Covid-19 social distancing requirements.

That was done in record time. On Tuesday, Sept. 15 a 12-member jury convened there for a 2-day trial that resulted in a "guilty" verdict on three charges against the 58-year-old defendant Gary Robert Petersen. It was the first jury trial in Marinette County since the Coronavirus shutdowns were ordered by the Wisconsin Supreme Court in March.

Jury selection took place on Monday, Sept. 14, with a panel of over 75 prospective jurors plus attorneys and other interested parties gathered at the Mariner Theater which shares the parking lot reached through the back door of the courthouse.

Early in the evening of Wednesday, Sept. 16, after hearing two days of testimony, the jury returned with verdicts of guilty against Petersen on three felony counts - two for First Degree sexual assault of a child under age 13 and one for intimidating a victim with threats of force, each with "persistent repeater" enhancements. He is to be sentenced by Judge Morrison at 11 a.m. Monday, Oct. 12.

Petersen, formerly of Marinette, is currently housed at Kettle Moraine Correctional Institute as a result of convictions for other offenses.

Judge Morrison had high praise for everyone involved in getting the courtroom ready in such a short time, barely six weeks from the time he made his request in late July until the scheduled start of the Petersen trial on Sept. 14. Work was well underway by Tuesday, Aug. 25, when County Board met there with an entirely new seating arrangement.

It is expected that the County Board will also meet there on Tuesday, Sept. 29 and will most likely continue meeting there until work on a large new assembly room on the first floor of the Courthouse is completed in a year or two as part of the next phase of a major remodeling project for the courthouse and the former Law Enforcement Center facing Ella Court Street.

Focus this year was mainly on converting the nearly vacant Ella Court Building into a Resource Center that will house most of the public use county offices. The 2020 county budget include $6.25 million for this work.

In late July, Judge Morrison had explained the need for speed in converting the County Board room back into what now is a third courtroom for the county.

As he told John LeFebvre and other county officials, the two existing major courtrooms in the Courthouse annex can handle only one jury trial at a time due to having only one shared jury room. They also do not have enough room for everyone to assemble in accord with social distancing rules, particularly if the trial involves a 12-member jury.

Morrison said court dockets would be particularly busy due to the number of proceedings delayed since in-person court proceedings were basically shut down in March due to Covid-19. Some trials that had been delayed are now running up against Constitutional requirements for speedy justice.

Judge Morrison had high praise for the cooperation of Marinette County Board, County Administrator John LeFebvre, Facilities Director Marty Keyport, Information Technology (IT) Director Kevin Solway, County Board Chair John Guarisco, and numerous county employees.

"This achievement is the result of tremendous efforts from everyone involved," Judge Morrison declared of the swift conversion from County Board Room to a fully equipped Circuit Court room, complete with the technology needed in today's world, and the spacing needed for Covid-19 social distancing.

County Administrator John LeFebvre also had kudos for everyone involved. "Great work was done by by our Facilities and Parks and IT departments and other county personnel, and they all worked well with our contractor,' he said. "In this day and age to order technical equipment and get it designed, delivered and installed within a month is almost unbelievable!" He said the $110,000 cost of converting the courtroom, including the audio/video equipment, will be covered by the county's grant for Covid-related expenses, so it added no burden for local property tax payers.

"There was no place in this courthouse we could have had a 12-member jury trial," Morrison declared. He explained that by law, jury trials and sentencings must be done in person, not by video conferencing or other electronic means.

For every criminal case they must have space for 12 jurors and two alternates - 14 individuals who must be seated six feet apart but close enough to hear the testimony and watch the proceedings. They also needed a jury assembly room with sufficient space for jurors to deliberate and relax when excused from the courtroom.

Morrison said generally the two alternates are not needed, but in this case, after testimony was underway, one of the jurors realized they knew one of the parties involved and had to be excused. Had there been no alternates, there could have been a mis-trial.

He also praised County Board for giving up its meeting room, and praised everyone who worked on it, declaring it was amazing that they had gotten the job done in six weeks from the time he requested it. "That accomplishment was incredible!" he declared. He said it helped that most costs of the conversion were covered by Covid funds.

Morrison thanked District Attorney DeShea Morrow and her staff, and the entire Sheriff's Department for everything they have been doing to keep the court system functioning during the time of Covid restrictions. "They all have stepped up to the plate to do the right thing for everybody else!" he declared.

Morrison said not only Marinette County, but every single judicial district in Wisconsin and perhaps in the nation, has been struggling with how to select jurors and then get 14 of them into a socially distanced courtroom along with judges, defendants, witnesses, attorneys, court reporters, and entitled spectators, including victims if necessary.

Selection of jurors posed a separate problem. For the Petersen trial Morrison said they had called 100 jurors, of whom 75 reported for the in-person selection process. "There was absolutely no place in this courthouse that we could put 100 jurors plus attorneys and defendants," he declared.

The Mariner Theater is very conveniently located to provide added space for Marinette County operations, with easy access to courthouse personnel and records. It is generally used as a theater only at night and on weekends, and is vacant during the day when the county would need to use it. LeFebvre said if the converted former County Board room is needed for court proceedings when County Board meetings are scheduled, they will most likely be held in the theater as well.

Other localities have not found such a convenient site for the jury selection process, Judge Morrison said. Some judges in Green Bay moved their jury selection process to the K-I Convention Center. In some counties they put up plexiglass dividers in courtrooms between jurors and in front of them so they could be seated less than six feet apart and still see and hear the proceedings.

Judge Morrison is very familiar with the problems faced by other courts - particularly those in Wisconsin's 8th Judicial District, for which he is Chief Judge.

For the 8th District counties - Door, Kewaunee, Brown, Marinette, Oconto, Waupaca, and Outagamie - he had to review and approve their plans for opening Covid compliant courtrooms.

He had been closely involved since the beginning in developing those plans. During the entire time of working out ways to keep courtrooms safe during the Coronavirus outbreak he had been chief of all the chief judges in the state and had participated in numerous discussions and trainings. "That was a tremendous experience," Morrison declared.

He said after the closure order in March, the Wisconsin Supreme Court put together a panel including the Supreme Court Chief Justice, the dean of the UW Medical School, heads of Public Health departments in Milwaukee County and elsewhere, and other experts to work out a method to re-open courts safely and put together rules to do it.

First there were to be "Zoom" proceedings as much as possible, and then where in-person proceedings were required there were to be masks, social distancing, hand sanitizing and more.

The committee had many issues to consider, chief among them being requirements for timely handling of court issues, and the United States Constitution, which says if you are accused in a criminal matter you have the right to face your accuser in person.

On May 26 the Wisconsin Supreme Court issued its second order, allowing counties to resume in-court proceedings once three things were dealt with:

First, each county had to create its own task force committee with stake holders involved; next, they had to develop plans for resuming in-person proceedings, including jury trials, and finally, the chief judge of each district was to review and approve each county plan and submit it to Wisconsin State Supreme Court Chief Justice Patience D. Roggensack and to the Director of State Courts.

"They wanted to be sure this got serious consideration," Morrison declared. He said local control was important because situations are different in each county - for example Marinette County Courts have far different situations than those in Milwaukee and Dane counties.

Morrison repeated that as chief judge for the 8th District he had to review plans for Marinette County and plans for each of the other seven counties in the district.

What everyone did first was develop a partial plan to re-open in-court proceedings but not jury trials. Oconto County was the first in the 8th District to accomplish this and Marinette County was the second.

Over the summer judges in the other counties - particularly Judge Tammy Jo Hock in Brown County and Judge Carrie A. Schneider in Outagamie County - worked very hard to figure out ways to safely bring jurors together.

"They are great judges and I learned a lot from them," Judge Morrison declared.

In Marinette County too, everyone was struggling. Judge Morrison said in the last week before he retired, Judge David Miron worked with him and incoming Judge Jane Sequin trying to figure out how to resume jury trials.

He said Miron who told him, "I don't know how we can do it without asking for our old courtroom back."

After Miron suggested that possibility, Morrison talked with LeFebvre. "I told him we knew the long range plan was to get this courtroom back...but we need it now!"

"We will make it happen!" was LeFebvre's response.

They talked with Keyport, who agreed, "I don't know how, but we will make it happen!"

They then talked with Guarisco, who told them, "Whatever it takes!"

"There's a lesson in that for me," Morrison declared. "It tells me how much respect the leaders of this county have for the court system...I was really gratified!"

They began looking for solutions, for example where to put jury selections. The UW-Marinette Theatre on the Bay is too small. Everything is computerized, so it has to have internet access. The Best Western meeting rooms are mostly contracted to Marinette Marine for employee training.

It was Keyport who thought of the Mariner Theater, and contacted owner Lance Olson, who also replied,"We can make it happen." Olson was willing to let the county use his building without charge, but county officials preferred a business arrangement, so it is leased as needed. There are two theaters in the building, and it can hold 102 people socially distanced. There are also sufficient handicap accessible restrooms.

In the courthouse, they found the meeting room that was to be converted into the jury assembly room for the new courtroom had two restrooms, but was not quite big enough to meet ADA requirements. County employees took down a storage room wall to solve that problem.

Behind the judge's bench in the refurbished courtroom is a panel that hides all the electronics that are part of the modern court world.

Morrison said planners had to be sure the farthest-back juror would be able to hear and see, and make adjustments, including a large video screen. The County Board Room already had some of the equipment, but they needed to entirely re-do the sound and video systems.

Meanwhile, in an entirely separate problem that became part of the solution in this case, courts have been struggling for a long time to get court reporters. There are not enough people going into the profession to replace those who are retiring. However, by a new system court records can be kept by digital audio recordings (DAR), which must be able to capture every single word said in the courtroom. Federal courts have been using this system for about 25 years, Morrison said.

When long-time Marinette County Court Reporter Rhonda Menor retired earlier this year they were not able to find a stenographic reporter to replace her, but they did manage to find Dawn Abbott, a DAR reporter who lives in Suamico and is willing to work in Marinette County, Morrison said Judge Sequin had been involved in the decision to hire Abbott.

Morrison said the the courtrooms in the Annex already had some of the most modern equipment in the state, but he was willing to be a guinea pig and Marinette County now has some of the best DAR equipment anywhere. When county IT people told them they would need to re-wire the new courtroom, the judges told them Wisconsin c-cap must be involved in the planning, and they had to be able to integrate state and county records, as well as sound and audio.

C-cap was not familiar with the Arrow system proposed for use in the Marinette County project, but worked with Arrow people and Solway and his staff in the Marinette County IT Department, "to put together an integrated plan where everything works with everything else."

"That's quite an achievement," Morrison declared.

Originally the County Board Room that is once again a courtroom had room for 40 or 50 spectators, but now, with social distancing, the spectator limit is 15. However, Morrison said, in America defendants have the right to a free and public trial, and citizens have a right to be here and see what's going on, so they needed to come up with a different answer.

He said Wisconsin was probably the first court system in the nation to adopt Zoom technology, in which every trial court in the state, and every trial judge, must have a Zoom license and the necessary training and equipment to make it possible to hold remote hearings and be able to Zoom the proceedings over a YouTube channel so everybody in the state who wants to see it can see it.

They also set up a system on the Circuit Court website so people can get his channel. "All that had to be integrated into this room," Morrison explained. He added that as long as the public can be present they do not have an obligation to Zoom, but he plans to Zoom every trial anyway.

He said everyone who wanted to attend the Petersen trial was able to get in. There were some glitches with Zoom and they are planning to get another license to resolve those issues.

Morrison proudly noted that a fellow judge had sent him a "Letter to the Editor" from the Los Angeles Times stating their court system was totally shut down due to Covid, and suggesting that California should take a lesson from Wisconsin on how to do things.

He said they had figured out how to get the Marinette County Zoom system up and running in less than three weeks.

He is happy they are now able to start clearing up the backlog of cases. He said they have people sitting in jail who are presumed to be innocent until they are tried, and a long wait is not fair to them, nor is it fair to litigants in civil suits.

"It's very important for people in the courtrooms to be safe and feel safe," Morrison declared. He said before dismissing the jury in the Petersen case he had asked them what the county could do better, and was told the court had accomplished both objectives.

Looking around the fine newly finished courtroom, Morrison repeated his praise for the Marinette County officials and employees who had worked together to make it happen, including Forestry personnel who came in to paint, IT people who figured out how to run wires through and under the concrete floor that underlies the courtroom, maintenance crews, housekeeping people, Sheriff's Department personnel, the independent contractors and the c-cap people.

"Everybody was called on to do this within a very short time, and they made it happen," Morrison concluded. "They were respectful, they were enthusiastic and they did a tremendous job!"

The new courtroom has come full circle. Back in 1942, when Marinette County government moved into the brand new Marinette County Courthouse on the site of the original one at 1926 Hall Avenue, the county jail and sheriff's offices were on the fourth floor, the Circuit Court Room, jury deliberation room, judges' chambers and related offices were on the third floor (where the courtroom is again located), the County Board meeting room and numerous offices and meeting rooms were on the second floor, and other offices, mainly those designed to serve the public, were located on the first floor of the new building.

Over the years, the county grew and government needs changed.

In 1982 and 1983 Marinette County built a new jail and law enforcement center at 1975 Ella Court Street, connected by walkways to the back side of the courthouse. The old fourth floor jail was converted into storage space and a print shop.

In 1992, faced with a need to sometimes accommodate two jury trials at the same time, County Board hired an architect and proceeded with construction of the Annex attached to the east side of the courthouse.

The Annex has two court rooms that can accommodate jury trials as planned, but after construction was completed, officials discovered that thanks to an architectural error, the two original jury deliberation rooms had to be combined into one to comply with ADA rules. Planners had not provided space for wheelchairs to get around furnishings and into restrooms.

In effect the county once again was left with capacity to handle only one jury trial at a time, because as part of the remodeling connected with construction of the Annex the original third floor courtroom had been converted into a brand new County Board room, with the space it previously occupied assigned to other uses.

In 2003 and 2004 the new Marinette County Law Enforcement Center was built at 2161 University Drive, and the Ella Court Building - the 1982 LEC - has remained largely vacant ever since.

Now a building program is underway to remodel the Ella Court Building and put it back into use as what is to be called the County Resource Center. That $6.25 million project should be largely completed before the end of this year, complete with the first "green roof" in downtown Marinette - green not because of shingles applied, but because grass and shrubs will be growing on an outdoor patio area on top of the building.

Plans for renovating the original courthouse included eventually converting the third floor County Board room back into a courtroom, but that project was not to be tackled until sometime in the future.

Then corona virus came along, and the courts were largely shut down from late March to mid-summer, creating a backlog of cases that must be tried in a timely fashion. As Judge Morrison said, jury trials posed a particular problem due to Constitutional requirements for in-person proceedings and Covid-19 requirements for social distancing.

For those urgent reasons, in response to Judge Morrison's request, conversion of the County Board room back into a room for Circuit Court jury trials was pushed to the front burner, and some improvements were added that had not even been considered before the coronavirus concerns created a batch of new needs.

Judge Morrison feels Marinette County is now well positioned to meet those needs for now and into the future.

Morrison thanked State Representatives Jeff Mursau of Crivitz and John Nygren of Marinette for their support in Madison, and expressed confidence that Sheriff Jerry Sauve and his officers would not allow rioters to do the damage in Marinette that they have been doing in Madison, Milwaukee and elsewhere.


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