After ranking as one of the most efficient federal courts in the nation, the United States District Court for the Western District of Wisconsin could be in store for a slowdown.
The court is moving into a period of transition as the two judges credited with developing the “rocket docket” enter into different phases of retirement.

Judge John C. Shabaz officially retired in January after 27 years on the bench and Chief Judge Barbara B. Crabb recently announced that after 29 years she will take senior status.

Although she will no longer be chief judge, Crabb indicated she still plans to take cases.
Whether the two new judges will share the same philosophy is unknown, but Western District Court Magistrate Judge Stephen Crocker expects there will be a learning curve for whomever gets the appointments.

“Obviously, this could break in a lot of different directions, depending on who President Obama selects,” said Crocker, who has been handling more cases since Shabaz’s retirement. “It’s going to be up to the new judges how they want to run their docket. I’d like to think they will be of like minds, but we don’t know that.”

The Need for Speed

Like many attorneys who regularly practice in the Western District, Sarah Anne Zylstra is concerned about what effect the turnover on the court will have on the processing of cases.

According to the clerk of court’s office, the Western District was second fastest among the 94 district courts in 2008 in the timeline from filing to disposition of civil cases (4.6 months) and third from filing to trial (12.3 months).

In 2007, the court ranked first and second, respectively, in filing to disposition and filing to trial.

“It’s hard for some litigants to understand how long it takes for the wheels of justice to move, but we don’t have that same frustration when we’re in the Western District court,” said Zylstra, who is on the board of the Western District of Wisconsin Bar Association (WDBA).

“You know you will go to trial in less than a year.”

Zylstra typically argues one or two cases annually in the Western District. But she has tried federal cases in Colorado and Illinois and said most other courts cannot compare to the one in Madison in terms of efficiency.

“I have a case that was filed in Denver in 2004 and it is nowhere near done,” said Zylstra of Boardman Law Firm in Madison. “I would have litigated that case four times in the Western District.”

In a letter published in the April edition of the WDBA newsletter, President Robert E. Shumaker called on members of the Federal Nominating Commission to consider the reputation the court has established when recommending candidates for Shabaz’s seat.

The letter asked that the commission “consider whether the applicants for the position understand and intend to continue to maintain the unique culture of the Court.”

Four names were forwarded by the commission to Sen. Herb Kohl and Russ Feingold, who will make their recommendations to President Obama.

At the time the letter was drafted, Crabb had not announced her move to senior status. Shumaker declined further comment because he is one of the 21 applicants for Crabb’s seat currently being reviewed by the commission.

Intellectual Approach

Also on the list of applicants for the second vacancy is Crocker, who said the court has already begun to schedule cases for the new judges with the expectation that one or both will be in place by next February.

Among those on the docket are patent cases, which the Western District frequently attracts from around the country because of its reputation for rapid resolution.

In fiscal year 2008, there were 66 patent, trademark and copyright infringement cases filed in the Western District, but Clerk of Court Peter A. Oppeneer said he did not know if there have been fewer filings so far this year.

But Crocker admitted it might be tough to maintain the current pace for scheduling and disposing patent cases immediately after the appointments of the new judges.

“Let’s face it, even if we get a new judge this fall, it’s a lot to expect that person to get up to speed with everything and keep a patent trial date early next winter,” Crocker said.
Madison Patent Law attorney Catherine Cetrangolo said she handles about six cases in the district annually and they generally conclude in 12 months or so.

She suggested a slowdown could prompt clients and attorneys from around the country to file their cases elsewhere.

“If the docket moves demonstratively slower, my guess is fewer patent cases will be filed here,” said Cetrangolo also of Boardman. “I don’t think the Western District will be on the radar because the reason patent cases come here is speed.”

But if the new appointees share the same philosophy as their predecessors, Cetrangolo expects business as usual in the court, even if the incoming judges have little experience in Patent Law.

If he is not appointed, Crocker will remain a Magistrate judge and has been handling patent cases. Crabb will also continue to handle cases as a senior status judge.

“As far as a judge’s ability to keep up, anyone learns as they go along,” Cetrangolo said. “It’s not a sticking point.”