Protecting rights is crucial for new judge
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JANESVILLE Protecting individuals' rights is paramount for Rock County's newest judge, Michael Fitzpatrick.
Gov. Jim Doyle appointed Fitzpatrick in August to fill the bench vacated by retiring Judge Michael Byron. Before donning judge's robes, Fitzpatrick worked 25 years for Janesville's Brennan, Steil & Basting law firm.
A large part of his work in private practice was to ensure the rights and protection of children in abuse and/or divorce cases.
Before Fitzpatrick studied law at Drake University in Des Moines, Iowa, he taught special education students at a high school in Carlyle, Iowa.
"I enjoyed teaching very much, but I didn't know if I would be so fulfilled in my life," Fitzpatrick said. "It's one of the experiences that I brought to the bench that provides insight to people with special needs, not only them but all people who need their rights protected, whether they be children or people with special needs."
When he worked with kids who had become children in need of protection and/or services—CHIPS cases—Fitzpatrick dealt with some of the most difficult situations he has encountered in both his personal and professional lives.
"Courts just couldn't fix the enormity of the problems for some families," the judge said. "You want to do more, but there are limits to what attorneys and judges can do for some people."
Fitzpatrick earned both academic and athletic scholarships to attend Drake. He ran both cross-country and track—half mile, mile and mile relay. Up until a few years ago, he still ran competitively—40 and older masters division—in the annual Drake Relays.
Slim and fit, he runs about 50 miles a week to stay in shape.
Keeping his court calendar in shape while keeping people's personal lives in mind is a challenge.
The depth and breadth of his private practice—from traffic and criminal cases to family law to high-stakes corporate litigation—have helped him as a judge, Fitzpatrick said, "in terms of case management and knowing what the parties are going through. ...
"You have to keep cases moving at a reasonable rate, but you can't just ram cases through because it's people we're dealing with and problems arise for them," the judge said. "You always have to remember you're dealing with people and urgent situations arise ... but you do have to keep cases moving to keep the system working."
Moving from the attorneys' table to the judge's bench was "as if someone who knows how to play basketball and has played basketball all his life is asked not to come in and play but to come in from the sidelines to referee.
"Your whole perspective of the game changes. That's what's so fascinating and very rewarding," Fitzpatrick said.
A judge must not only protect individual rights but also strip them from the guilty.
"Sentencing someone to prison or jail is the most serious thing a judge does," Fitzpatrick said. "I find it's a time-consuming process. Before someone loses their liberty, it's only appropriate for the judge to look very hard at the case to do what's right for the community and the judicial system."
MICHAEL FITZPATRICK
Rock County's newest judge—Michael Fitzpatrick, 50, Janesville—met his wife of 27 years, Sharon, when both were students working at the Drake University Student Union.
Fitzpatrick earned a bachelor's degree in history, two teaching certificates and his law degree at Drake.
Sharon is a substitute teacher for the Janesville School District and St. John Vianney Catholic School. The Fitzpatricks have two children: Michelle, who is studying law at Drake, and Tom, a sophomore at Xavier University in Cincinnati.
Michelle is the second-generation Fitzpatrick to study law. Her paternal grandfather was a letter carrier in Judge Fitzpatrick's hometown of Appleton.
Fitzpatrick said he intends to run in the spring elections for the Rock County Court judge position to which he was appointed in August.
In a recent interview, Fitzpatrick was asked not only about his professional career as a lawyer but also about personal aspects of his life. His answers:
Personal reading: He prefers history and biographies and recently read "1776" by David McCullough and a biography of George Washington.
Favorite music: Classical while working, classic rock 'n' roll while driving.
Favorite rock band: The Beatles.
Favorite TV: News and "Lost."
If you could have dinner with any three people from history, they would be? George Washington, Julius Caesar and Fitzpatrick's maternal grandfather, Forrest Banning, a rancher in Montana whom Fitzpatrick never met but a man said to resemble and have acted just like Fitzpatrick.


Sep 22, 2008 at 5:13 p.m.
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I don't really care how many D.A.’s engage in extensive use of plea bargains. They are not justice, either for the defendants who may be pressured to accept a no contest plea in spite of innocence, or for the community which may have to accept a criminal released on a reduced charge for expediency’s sake. Maybe some think efficient courts are a laudable goal, but I prefer a court system that has Justice as its purpose. Some may think that I’m too idealistic, but I can live with that.
Sep 22, 2008 at 3:17 p.m.
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I would love to see a female voted into this "good ole boys" Rock County Court system. He was appointed because the law firm he came from are huge contributors to governor election campaigns to cover their political bases just check the record yourself. The Stiles firm was good old Tommy Thompson's personal law firm and the one Tommy picked to represent the state on the tobacco law suit for which they received hundreds of thousands for copying California's successful suit, their hourly rate was unbelievable. Maybe the Gazette could do some good old media work and report just the facts. I would certainly encourage any attorney in this county with long time experience to run for the judgeship at election time. Watch the money Stiles firm puts in to keep this appointment to go into permanent judgeship as they stand to gain with court favors and entitlement. If he waltzed into a working court and began scrutiny he is a bully and egotistical period. I worked in the court system along time.
Sep 22, 2008 at 3:15 p.m.
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The average citizen's question would be why wouldn't you interview the existing staff? Not only would it make you more familiar with them, it would offer you the opportunity to eliminate potential weak areas and break up any "good old boy" network. From the negative nature of all of the posts shown in your history, I'm much more comfortable with this judge in the building than I am with you being there. At election time, Mr. Fitzpatrick's performance will determine whether he deserves the post.
Sep 22, 2008 at 2:16 p.m.
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He's not my boss, but I do get to see everyday his Eddie Haskell character. Just wanted others to know he's not like he seems to be from the tone of this article.
Sep 22, 2008 at 1:47 p.m.
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Oh, goody, now it's character assassination time. Let's all use the Gazette to complain about our bosses!
Sep 22, 2008 at 9:38 a.m.
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It would be nice if the gazette would talk with courthouse people who actually work with this guy. I think they would see the other side of him. Like how he made Byron's staff interview to keep their jobs and then, on his first day, fired a capable bailiff without cause or justifciation (he had just started a few months before so was still on probation) so that he could replace him with someone he knew. Maybe see how he intimidates courthouse staff. Perhaps, the reporter would see how arrogant, self-centered and pompous Fitzpatrick really is. Also, maybe look into the way he got his appointment in the first place.
Sep 22, 2008 at 9:34 a.m.
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billnewbie, again, you seem to think that O'Leary is an exception in his use of plea bargains, but DOJ statistics show they are the conclusion of over 90% of criminal cases in the U.S. In fact, plea bargains are formally counted as contributing to a D.A.'s conviction rate. There is nothing wrong with the system just because there is a plea bargain.
Sep 22, 2008 at 8:21 a.m.
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Protecting rights is an important goal for a judge. So is managing cases with compassion and respect for all involved. But it seems to me that Justice should be what's crucial for a judge. Other than “stripping rights from the guilty”, Fitzpatrick makes no allusions to Justice whatsoever. In a county with a D.A. that seems intent on reducing the court calendar with as many plea bargains as he can, a court system that seems intent on punishing the misdeeds of the police by releasing criminals back into the community, and a sheriff who prefers “creative incarceration” to the more traditional type, this judge should feel right at home.
I don’t know if he looks like Sam Drucker, but he does bear a curious resemblance to Gov. Doyle. The Governor probably thought to himself that this guy looks like a highly intelligent, thoughtful and respectable dude, and he’s good looking too.
Sep 21, 2008 at 5:45 p.m.
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I do feel better that he cares about individual rights, and I certainly hope he might spend some time educating people from children to adults on the Bill of Rights and Constitution. We should protect all our rights with the same enthusiasm that many of us accord our Second-Amendment rights.
Sep 21, 2008 at 4:17 p.m.
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That's just it, nemesis--enforcing the law is NOT the job of a judge. We work under three, co-equal branches of government, so that there can be checks and balances on each; that way, no one branch 'overpowers' the other. The legislative branch, which represents the peoples' wishes, creates laws; the executive branch--which includes the police--enforces the laws, and the judicial branch interprets the laws. The system only works right if each branch does their job, and respects the other two branches when they perform their jobs. (Of course, none of this concerns Bush/Cheney/Rove and now Palin; they just do what they want...). The problem is, lately, that in order to get elected, many judges run on a platform of 'enforcing the law'. If they do that, then there is no 'referee' to interpret it.
Sep 21, 2008 at 3:58 p.m.
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Great that he is Protecting individuals' rights -
But what about enforcing the law....?
Sep 21, 2008 at 2:33 p.m.
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"Fitzpatrick said he intends to run in the spring elections for the Rock County Court judge position to which he was appointed in August."
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Someone had to fill the vacancy. That being said I don't agree with being able to appoint people to some positions. To keep them accountable to the people.
Sep 21, 2008 at 12:27 p.m.
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Yeah, nice to see a Doyle appointee who has little to no criminal law experience being handed a judgeship. We'll see if he's as concerned about the rights of victims that come through his courtroom. If I was a betting man I think I know where my wager would go. But hey, at least he's fit and trim and runs 50 miles a week, now I feel alot better. This story reads like it was printed verbatim from a press release. Then again, I guess underqualified judges appointed by liberal governors get the red carpet treatment from the Gazette, unlike any cops employed in the state.
Sep 21, 2008 at 11:50 a.m.
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With that thinking, Villajanesville, we shouldn't put up any American flags because we know what country we live in.
Sep 21, 2008 at 11:18 a.m.
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villajanesville, with your great concern for such expenditures, I suggest you attend a county board meeting ... sometime in 2020 or 2030 when the next courthouse renovation is being discussed. (The one in question was discussed in the 1990s. Yes, you missed it.)
Sep 21, 2008 at 7:15 a.m.
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Well, I'm rather comforted by a judge whose first order of business is protecting individual rights. After electing an idiot to the supreme court who openly boasted that he was on the side of law enforcement--not to mention being bought and paid for by our manufacturing friends--it's nice to see that Judge Fitzpatrick is well educated, both academically and from the standpoint of wisdom. Godspeed, Judge!
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