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New 'judge' for Janesville expulsion cases recommended

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Sara L. Gehrig

JANESVILLE — A Janesville School Board committee recommends Sara Gehrig as the new judge for district expulsion cases.

The current “independent hearing officer,” Dick Hemming, is retiring from the post. For the past nine years, Hemming or another lawyer from his firm have acted as judges, listening to the district’s cases for expelling students and to the students’ defenses.

The hearing officer’s ruling goes to the school board, which votes to expel, not expel or change the terms of the expulsion. Usually, the board agrees with the hearing officer.

Previously, the board heard all expulsion cases.

Four local law firms or lawyers bid on the position: James Fowler, a former school board member; Consigny, Andrews, Hemming & Grant, Hemming’s firm; Carney, Davies & Thorpe; and Gehrig’s firm, Nowlan & Mouat.

Nowlan & Mouat also employs school district counsel David Moore. Moore would fill in as hearing officer when Gehrig is not available, according to the proposal.

Moore would not be able to fill in, however, if he were representing the district in the case, which happens infrequently.

The district has been paying Hemming $180 per case. Cases generally range between one hour and 22 hours, said Steve Sperry, director of administrative and human resources.

Bids ranged from $150 per case to $180 per case, and in the case of Consigny, Andrews, Hemming & Grant, $150 per hour.

Hemming’s firm has handled an average of 75 cases a year during the past three years, for an average annual cost of $13,500. If those cases had averaged 90 minutes each, a $150-per-hour rate would have meant a cost of $16,875.

Bill Sodemann, chairman of the board’s personnel committee, said he abstained from the vote because one of the firms is a customer of his telephone business, and another is a potential customer.

Sodemann said he wanted to avoid the possible perception of a conflict of interests.

Committee members found positives for all the bidders and said it was a difficult decision, Sodemann said, but the vote was 3-0 to recommend Gehrig for approval by the full board. The other committee members are Diedre Richard, Peter D. Severson and Peggy Sheridan.

Gehrig’s bid was $180 per case, the current rate, plus expenses for any mileage outside the city, unusual or extensive copying costs, filing fees, court reporter fees and database research fees.

Sodemann said the committee considered costs, experience, who would fill in if the prime hearing officer was absent and how the lawyer might relate to a student.

“They’re all very good. It was tough, and although it was unanimous for Sara, it wasn’t like it was a hands-down (decision),” Sodemann said.

Gehrig is a partner at the law firm and has represented the school district in expulsions and other matters.

Gehrig is a graduate of Parker High School and a former prosecutor in Idaho and Alaska.