The Hon. Joann Eiring

Eiring strives to be consistent, yet flexible

By Jane Pribek

Good news: It’s possible to enjoy one’s workweek as much as the weekend. Really.

It’s true for town of Brookfield Municipal Court Judge JoAnn Eiring. Her “day job,” since 1994, is serving as director of the Waukesha County Adult Court Service Programs.
The programs include:

• An Intoxicated Driver Intervention Program, which provides supervision of all defendants charged with a repeat drunk driving offense. Defendants are referred to the program by the court as a condition of their bail within one to seven days of the date of violation. The purpose of this program is to provide early AODA intervention, including random alcohol and drug testing with reports provided at each court appearance.
  
  
• An Operating After Revocation Driver Reinstatement Program, which assists defendants in reinstating their drivers’ licenses, in addition to assisting the courts in streamlining these cases through the court system.
  
  
• A Jail Screening Unit, which provides the court with verified personal information on each defendant at the initial court appearance to assist with setting bail.
  
  
• A Pretrial Intervention Program, which provides monitoring of AODA and/or mental health treatment, including random alcohol and drug screens, with progress reports provided at each court appearance.

In addition, she serves as the Program Director of the county’s pioneering Alcohol Treatment Court.

The two positions complement each other well. In her capacity as an elected court official, she administers justice; while working as Court Services director, she sees the consequences of justice, and works to prevent recidivism.

“I’ve sometimes been told by offenders, ‘It went so fast, I didn’t really understand what was happening.’ I always keep that in mind when I’m on the bench. I try to give people as much information as they need, and always give them a chance to ask questions,” Eiring says.

Consistent — Yet Flexible

Eiring holds municipal court on the first and third Thursday evenings of the month. The first Thursday is reserved for initial appearances, and those dates are given by the ticketing officer. All returns, including trials, take place on the other Thursday.

Juveniles who are ticketed might make initial appearances on the second Thursday, however, if it is the closest court date after the alleged offense; this is done because it’s the town’s policy to ensure swift justice — either exoneration or immediate consequences — for minors who need that, developmentally.

Cases with counsel on both sides are called first. Eiring is mindful that these defendants are paying for their lawyers’ time and wants to minimize their fees as much as possible.

The vast majority of defendants are unrepresented. Most have had little or no previous involvement with the legal system, Eiring adds. All adult offenders first pre-try their cases with the city attorney, without her participation. They then enter pleas and/or discuss amended charges and proposed stipulated resolutions before her.

Eiring says that she strives for consistency in outcomes but will be flexible when the circumstances warrant it. This means that defendants should have a reasonable degree of confidence in what the city attorney says she “might do” with a particular matter. But she is far from a rubber stamp for any proposed stipulated dispositions. All negotiated cases are given her exacting “smell test.”

When not-guilty pleas are entered, Eiring might spend a fair amount of time educating defendants about the charges they face. Sometimes she reads the elements of the offense as listed in the municipal code, so they understand what the town attorney must prove and they can begin to develop a defense, if possible — or maybe meet with the town attorney once again to discuss settlement. Trial dates are then set, keeping in mind the schedules of the defendant and the ticketing officer.

A minority of cases is not pre-tried before the plea is entered, she notes. These include select ordinance violations for adults, and juveniles facing underage drinking charges.

All juveniles are required to appear with a parent or parents. This is part of the standard issue summons on the ticket. Another of the Town’s policies, she observes, is that parents should be involved when their children have contact with the legal system. The goal of parental involvement is to prevent further encounters with the law.

Eiring maintains a formal courtroom. She wears a robe and conducts proceedings from a bench on a platform (albeit a “makeshift platform”). A bailiff announces her and all must stand. Cell phones must be silenced. Children, too — she frowns upon bringing them to court, but understands that sometimes childcare isn’t available, especially for the poorer defendants. Hats must be removed.

At trial, unless they are requested, she usually dispenses with opening statements and proceeds with taking evidence. However, she always makes sure defendants have had full opportunity to have their say before reaching a decision. She does not set time limits for trials.

Exhibits are marked as they come in, rather than pre-marking them. Counsel and parties sit at counsel tables and must ask for permission to approach witnesses. They may use an easel with a pad of paper and markers.

Eiring will ask questions during the proceedings from time to time, especially if she needs clarification on something, or if a defendant is extremely unskilled in the law and a critical point might be ignored because of that.

“I tend to be very tolerant and patient with defendants, keeping in mind their unfamiliarity with the system,” she says. “I try to give them as much information as they need, and the opportunity to ask questions.

And I listen and take copious notes.”

After making a finding of guilt, the case goes directly into the penalty phase. Eiring strongly favors community service for all juveniles found guilty. “I can’t just order that. Defendants must agree to perform the community service in lieu of a forfeiture. But I tend to make fines substantial and give the community service option as an alternative. The goal is to make the juveniles take responsibility. I don’t just want parents writing a check,” she says.

A Nonlawyer’s Perspective

Eiring has been on the municipal court bench since 1991. She was the first and remains the town’s only municipal judge. At the time, she had worked in Milwaukee County as a caseworker in for Wisconsin Correctional Services (now known as Wisconsin Community Services) since 1980 — her entire post-college career.

She read in the local newspaper that the town of Brookfield judgeship was being created, and immediately wanted to run for the position. Eiring thought her education and experience made her amply qualified, although she does not hold a J.D. After discussing the idea with a number of co-workers, court commissioners and judges, she filed the papers. She ran against an attorney in the special election and won.

Like Eiring, most of Wisconsin’s municipal court judges are not attorneys. But most in the more heavily-populated areas, like southeast Wisconsin, are lawyers. She has been told many times that someone thought she was a member of the bar. Eiring is a frequent substitute in other area municipal courts, including Menomonee Falls and Milwaukee.