The Hon. Joseph L. Cook

Judge puts full effort into part-time position

By Jane Pribek

“Justice is easy. Doing what’s right is hard.”

That’s the mantra of city of Waukesha Municipal Judge Joseph L. Cook, both as a part-time jurist and part-time legal practitioner.

If the world, events and personal interactions, were just a series of black-and-white affairs, computers would mete out justice. In reality, human beings — judges — are needed to sort out the gray areas, guided by law and precedent, but also graced with a certain amount of flexibility and creativity.

To that end, when Cook takes the bench, the most important qualification he brings to the job, he says, is a willingness to listen.

“I let people talk,” he explains. “People want to be able to come into court and tell me their side of the story. Most times, counsel does not represent them, and as long as the city attorney is there, I let them tell me what they want to tell me and I listen.

“These are fellow citizens. They’re my neighbors. They’re common people, who have sometimes made a mistake.”

He doesn’t always agree with what they have to say. But he always hopes they leave feeling they’ve been heard and dealt with fairly.

People Trump Procedures

Cook hears and decides cases involving ordinance violations for the city of Waukesha, such as building code violations.

The majority of cases involve either traffic matters, or offenses involving juveniles. In the former category, speeding and first-offense OWIs are common; any second-offense or more are charged with statutory offense and appear in circuit court.

As for his juvenile cases, if a minor has allegedly stolen less than $500 in cash or property, he’s in municipal court; if more than $500, he’s in circuit court. Juveniles charged with fewer than five truancies are in municipal court. Juveniles allegedly possessing marijuana in small quantities appear in municipal court. Those possessing larger quantities, or harder drugs such as heroin, are charged in circuit court.

Where the case is heard — municipal versus circuit court — is significant, he reminds, because municipal court proceedings are civil rather than criminal, with distinct rights/consequences attaching to each.

Someone found guilty in Cook’s court is not a criminal but an ordinance violator. Cook does not possess the authority to incarcerate people, unless they have failed to pay a court-ordered fine. And, of course, there is no jury in municipal court — all are bench trials.

The process begins for parties when they are ticketed by police or other authorized individuals. They may enter a plea by mail, fax, appearing at the court’s office or by appearing in court at the time indicated on the ticket.

Court is in session on Wednesday mornings. During the school year, however, Cook holds court for juvenile defendants after 3:00 p.m., on the first and third Wednesday of the month, because he does not want them to skip school to come to court.

Cook estimates that 95 to 96 percent of defendants are pro se, and their unfamiliarity with the system is especially apparent in the early stages of their cases. This is the point where he spends a fair amount of time educating defendants, while not giving them legal advice.

He is not inclined to take advantage of that, and if someone wants to enter a guilty or no-contest plea, who has not yet spoken to the city attorney, he won’t let that happen. More often, a not-guilty plea is entered and the case is immediately pre-tried between the defendant and the city attorney.

If the parties cannot come to an agreement, a trial is scheduled. Wednesdays, after the initial appearances, are Cook’s preferred time for trials, but he has been known to make himself available on other days of the week, if it is convenient for counsel and the defendant, or experts in the case such as personnel from the State Crime Lab.

Most trials can be completed within an hour or two, but some require as much as a half-day, he says.

If he had his druthers, before any trial would begin, the defendant would have read Ch. 800, Wis. Stats., Municipal Court Procedure. He doesn’t expect the average pro se litigant will have done so – but it’s a fair and reasonable expectation that attorneys appearing before him will have done so.

Along these lines, he says that he enforces the Rules of Evidence, especially with represented parties. However, he’ll “bend a little” for pro ses in appropriate circumstances.

It is a court of law, and therefore Cook insists upon “absolute decorum” — meaning no cell phones, no hats and no hands in pockets. Most people have no problem with these rules and act very respectfully, he says.

Cook does allow the use of first names from time to time, such as when a pro se litigant is questioning a witness he or she has known for years and forced formality between them, just for Cook’s benefit, seems out of place. If someone is clearly uncomfortable with first names, however, he’ll require surnames only.

Cook is not inclined to set time limits on opening statements or closing arguments — “In fact, I normally err on the side of letting it go on for too long,” he jokes.

When he finds a defendant guilty, in most cases he moves directly into the penalty phase, although he might take a short break if he wants to review the evidence or organize his thoughts. “People want answers. They don’t want to have to come back to court,” he says. Defendants are always given an opportunity to speak before he gives the penalty.

Afterward, defendants have 20 days to file an appeal before the circuit court. Municipal court trials are tape-recorded and if the appellant provides a tape, Cook’s staff prepares and certifies a copy.

Half-Time. Whole-Hearted Effort

Cook, a Waukesha native, was elected to municipal court in 2001. He is in his second term and has two years left. His practice concentration is commercial collections; he is a solo practitioner for Cook Law Offices in Waukesha.

He says that, because of the nature of his practice, there is little overlap between the two professional roles: It is extremely rare that he serves as judge in a case where the defense counsel has other cases involving Cook as an attorney, and he does not represent defendants in other municipal courts.

On paper, the municipal judgeship is a half-time position, with an annual caseload of about 12,000. That’s not always so in practice, according to Cook.

“It can be very time-consuming. There are times when it’s way more than a half-time job. That’s my problem. No one’s requiring me to put in that time; I don’t punch a time clock. I just do it because I think it’s important to let people talk to me.”

Judging is rewarding, he says. He has run into citizens in the community who were defendants in his courtroom. Sometimes they are juveniles who have grown into law-abiding adults, who thank him for the role he played in turning their lives around.

Others, he frankly admits, have told him that they didn’t think he was so fair. “I accept that. I try my best. Sometimes I get it right; sometimes I don’t.”

In any event, he can say that the thank-yous greatly outnumber the thumbs-down reviews.