Case 2018CV002129 JENNIFER R. DOROW Chlel Judge Waukeshs County Courthouse 515 West Moreland Blvd. Waukesha. WI 53183-2423 Telephone: (262) 548:!210 PATRICK C. HAUGHNEY Deputy Ghlef Judge Waukesns County Courthouse 515 West Moraland Blvd. Waukosha, WI 53133-2423 Telephone: (262} 548-7210 MICHAEL G. NEIMON District Court Administrator Waukosna County Courthouse 515 West Moreland Blvd. Waukesha. WI 53186-2426 Telephone: (282) 548-7209 Document 1 Filed 11?20?2018 Page 12 of 40 EXHI STATE OF WISCONSIN THIRD JUDICIAL DISTRICT WAUKESHA COUNTY COURTHOUSE 515 WEST MORELAND BLVD. ROOM WAUKESHA, WISCONSIN 53188 OFFICE (282) 54a~7210 FAX (262) 548-7815 February 26, 2018 Charge: Under the direction of the Third Judicial District Chief Judge Jennifer Dorow, to investigate claims by Judge Joseph Voiland concerning Ozaukee County Of?cials, including the following (allegations are in summary form. Please consult with Judge Voiland regarding specifics and supporting documentation). 1. Alteration and/or deletion of CCAP records by the Clerk of Circuit Court/Register in Probate, including but not limited to hack dating of ease assignments, removal of hearings from calendar, correction of docket entries without proper case ?le documentation/notation, and destruction of case files. (If these actions occurred in the past, determine whether they are continuing). 2. Misuse of Register in Probate/Probate Registrar authority, including but not limited to granting of adjournments in formal cases and improper designation "of cases (formal vs. Informal and the interplay between the two and whether such actions were done without the approval of the assigned judge) and the reason(s) for doing so. 3. Custody Study and related issues, including but not limited to the failure of the county treasurer to segregate statutory fees as required by Wis. Stat. 814.615, and the failure to name and appoint a director of family court services as required by Wis. Stat, 4. Other similar or related allegations as may be brought to your attention by any of the Ozaukee County judges or Chief Judge Jennifer Dcrow, JEFFERSON .J OZAUKEE WASHINGTON L. WAUKESHA Case 20180V002129 Document 1 Filed 11202018 Page July 18,2018 Judge Randy R. Koschnick Director of State Courts 16 State Capitol PO Box 1688 Madison WI 53701-4688 Served viafax (608) 261 -8299 and email randy, koschnic??icourts. gov Re: Investigative Report Dear Judge Koschnick: We received a copy of a Report designated "Con?dential" and addressed to you as the Director of State Courts as well as to Judge Dorow. Based on the message below, we understand that Judge Dorow chose to share the Con?dential Report with certain parties and few reporters who have requested up dates while this matter has been pending." It appears that the matter remains pending while "an appropriate plan of action" is developed with your Of?ce, and it is also possible (if not likely) that the report has been forwarded up the chain of command for further review. . The Supreme Court Rules generally prohibit judges from publicly commenting on pending matters. Therefore, I write to ask you whether you have authorized the release of the report that was addressed to you, whether that release is limited to the parties and the ?few reporters" that Judge 'Dorow chose to share it with, and whether you or any other person or entity has or will make any decision regarding the acceptance of the ?ndings and conclusions in the report (and if so, to share this correspondence with them). We note that the report itself does not attach or include copies of the supporting documentation upon which it is based. We do not believe, therefore, that anyone could come to any ?nal decision regarding the report, its ?ndings or its conclusions in its current state. Ifyon have detern?ned that public comment is appropriate, we ask that you provide us with a copy of the report that is not designated as "Con?dential," as well as copies of all documents gathered by your of?ce and by the investigator incident to the investigation. Ifneoessary, please consider this a request pursuant to Wisconsin Statute Section 19.3 1. Nistler O?ce, 3.6. Wauwatosa, Wisconsin 53215 Phone (414) 763-1147 Fax (414) 988-9572 WNistlerInutcom Case 20180V002129 Document 1 Filed 11-20-2018 Page 14 of 40 Importantly, we believe the report contains material omissions of information and documentation that were previously provided to the hwestigator. Therefore, we intend to provide the missing and material information and documentation to you and to any others that you authorize to receive it forthwith, and ask. that any decision regarding the acceptance of the ?ndings and conclusions in the report await the receipt of that documentation. Brent Nistler Cc: Hon. Jennifer Dorow (via email) Jennifer Dorow owes/13 1E09 PM Good Afternoon, Please be advised that Judge Fiedler has concluded his investigation and issued the attached report; I have reviewed it and accept it ?ndings. 1 have been in contact with Judge Koschnick and the Of?ce of the Director of State Courts and have requested their continued assistance as I develop an appropriate plan of action consistent with my authority as Chief Judge. Please know thatI am committed to working with each and every one of you to move forward in a positive manner. I also want you to be aware that I have authorized release of the report to a few reporters who have requested updates while this matter has been pending.'And although the report was sent to me with a cover page that says ?Con?dential?, I consider the report to he a public record at this point. Thank you for your attention to this matter. I will he in touch with you in the near future as I solidify the plan. Judge Jennifer R. Dorow Chief Judge District 3 Waukesha County Circuit Court Branch 2 . gov Case 20i80V002129 Document 1 Filed 11-20~2018 Page 15 of 40 Bnitler .. .. . . . .. . .. .. From: Randy Koschnick Randy.Koschnick?wicourts.gov> Sent: Wednesday, July 18, 2018 2:31 PM To: Brent Nistler Cc: Dean Stensberg; Jennifer Dorow; Joseph Voiland; Tom Sheehan Subject: Re: Pending/"Confidential" Investigative Report Attorney Nistler, construe your correspondence as a public records request for ?all documents gathered by your office and by the investigator incident to the investigation.? i will respond to your request as soon as practicable and without delay. The report that you reference is a public document, the "confidential" marking notwithstanding. There are no restrictions on distribution to the best of my knowledge. My office is considering what action to take, if any, in response to Recommendation Chief Judge Dorow will be making a determination concerning what action to take, if any, in response to Recommendation Thankyou. Judge Randy R. Koechnick Director of State Courts 16 E. State Capitol P.O. Box 1688 Madison, WI 53701?1688 608.266.6828 fax 608.261.8299 Brent Nietler 7/18/2018 11:09 AM Sorry, I meant to copy Judge Voiland on this too: July 13, 2018 Judge Randy R. Koschnick Case 20180V002i29 Document ?1 Filed ii~20?20i 8 Page 16 of 40 Director of State Courts 16 State Capitol PO Box 1638 Madison WI 53701?1688 Served viafax (608) 261-8299 and email randy. koschaick?lwicourtseov Re: Investigative Report Dear Judge Kc schnick: We received a copy of a Report designated "Con?dential" and addressed to you as the Director of State Courts as well as to Judge Dorow. Based on the message below, we understand that Judge Dorow chose to share the Con?dential Report with certain parties and "a few reporters who have requested updates while this matter has been pending." it appears that the matter remains pending while "an appropriate plan of action? is developed with your Office, and it is also possible (if not likely) that the report has been forwarded up the chain of command for further review. The Supreme Court Rules generally prohibit judges from publicly cementing on pending matters. Therefore, I write to ask you whether you have authorized the release of the report that was addressed to you, Whether that release is limited to the parties and the "few reporters? that Judge Dorow chose to share it with, and whether you or any other person or entity has or will make any decision regarding the acceptance of the ?ndings and conclusions in the report (and if so, to share this correspondence with them). We note that the report itself does not attach or include copies of the supporting documentation upon which it is based. We do not believe, therefore, that anyone could come to any final decision regarding the report, its findings or its conclusions in its current state. if you have determined that public comment is appropriate, we ask that you provide us with a copy of the report that is not designated as "Confidential," as well as copies of all documents gathered by your office and by the investigator incident to the investigation. If necessary, please consider this a request pursuant to Wisconsin Statute Section 19.31. Importantly, we believe the report contains material omissions of information and documentation that were previously provided to the investigator. Therefore, we intend to provide the missing and material information and documentation to you and to any others that you authorize to receive it forthwith, and ask that any decision regarding the acceptance of the ?ndings and conclusions in the report await the receipt of that documentation. Regards, Brent D. Nistler Cc: Hon. Jennifer Dorow (via email) >>2r Jennifer Dorow 07/03/18 1:09 PM Good Afternoon, Please be advised that Judge Fiedier has concluded his investigation and issued the attached report. I have reviewed it and accept it findings. I have been in contact with Judge Koschnick and the Of?ce of the Director of State Courts and have requested their continued assistance as I develop an appropriate plan of action consistent with my authority as Chiefiudge. Please know that I am committed to working with each and every one of you to move forward in a positive manner. 1 also want you to be aware that have authorized release of the report to a few reporters who have requested updates while this matter has been pending. And although the report was sent to me with a cover page that says "Confidential", consider the report to be a public record at this point. Case 20180V002129 Document 1 Filed 11202018 Page i7 of 40 Thank you for your attention to this matter. I will be In touch with you in the near future as solidify the plan. Judge Jennifer R. Dorow Chiefiudge District 3 Waukesha County Circuit Court Branch 2 iennifer.dorow@wicourts.aoy Brent D. Nistler Nistler Law Of?ce, so 7000 W. North Ave. Wanwatosa, WI 53213 (414) 763-1147 Phone (414) 988-9572 Fax W.ni5tlerlaw.com CONFIDENTIALITY NOTE: The information contained in this electronic transmission and any documents accompanying the transmission are con?dential and/or legally privileged material ?om Nistler Law Of?ce, s.c. This information is intended only for the use of the individual or entity to whom the transmission is directed. If you are not the intended recipient, you are hereby noti?ed that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this information in error, please permanently delete it from your ?les. Case 20180V002129 Document 1 Filed 11~20-2018 Page 18 01?40 rt stle .. . From: . Jennifer Doro-w Sent: Wednesday, August 1, 2018 5:22 PM To: Brent Nistler; Randy Koschnick Cc: Joseph Voiland Subject: RE: Pending/"Confidential" investigative Report Attachments: Letter to Attorney Nistler 052318.pdf Attorney Nistler, I did not provide a response to your correspondence dated July 18, 2018, as that letter was directed to Judge Koschnick and not me. if you were looking for-a response from me, that was not clear. My understanding is that Judge Koschnick acknowledged receipt of your July 18 letter. Furthermore, Just today Judge Koschnick responded to the email by advising that the matter ls still under consideration and being processed. Thus, it appears to me your request is being addressed by the Director and no further action by me is needed. As to your renewed request that recuse myself from the administrative investigation, attached is a copy of my May 23, 2018 letter to you. in that letter I unequivocally advised you I would not recuse myself from the administrative investigation. That decision has not changed. Further, as you know, I have now had the chance to review Judge Fiedler's findings and have accepted them. Please know i remain committed to working with Judge Voliand and each and every one ofthe Ozaukee County officials to move forward in a positive manner. Very Truly Yours, Judge Jennifer R. Dorow Chief Judge District 3 Waukesha County Circuit Court Branch 2 jennifer.dorow@wicourts.gov Brent Nistler <3Nistler@nistlerlaw.com> 7/27/2018 5:03 PM DearJudge Koschnick and Judge Dorovv: This follows up on our July 18, 2018 State Open Records Law Request. To date, we have not received the Records requested and we believe that the reasonable time allowed by law has passed. We requested the records gathered by the investigator and sent to Judge Dorow for her review incident to the investigation. Prior to the report's public release on Juiy 3, 2018, and prior to Judge Dorow's public declaration that same day that she accepted its findings, your offices already would have compiled the records gathered by the investigator incident to the investigation. We believe those records should have been produced by this time. incidentally, we previously filed a request that Judge Dorow explain why she should not recuse herself from this matter given that she is, and was, a potential witness. Judge Dorow responded by stating that Judge Fiedler and not her -- was responsible for the matter and therefore she had nothing to recuse herself from. When called upon, though, to make a decision as to the report itself, Judge Dorow proceeded to make a decision on the matter without making any decision 1 Case 20180V002129 Document 1 Filed 11~20~2018 Page 19 of 40 on the recusal issue. Because this matter appears to remain pending in certain respects, we raise here the issue ofJudge Dorow's non-decision on the recusal issue and inquire if it should be revisited in light of this. Thank you. From: Randy Koschnick Sent: Wednesday, July 18, 2018 2:31 PM To: Brent Nistler Cc: Dean Stensberg Jennifer Dorow Joseph Voiland Tom Sheehan Subject: Re: investigative Report Attorney Nistler, construe your correspondence as a public records request for "all documents gathered by your office and by the investigator incident to the investigation.? I will respond to your request as soon as practicable and without delay. The report that you reference is a public document, the ?confidential? marking notwithstanding. There are no restrictions on distribution to the best of my knowledge. My office is considering what action to take, if any, in response to Recommendation ChiefJudge Dorow will be making a determination concerning what action to take, if any, in response to Recommendation Thankyou. Judge Randy R. Koschnick Director of State Courts 16 E. State Capitol P.O. Box 1688 Madison, Wi 53701-1688 608.266.6828 fax 608.261.8299 Brent Nistler 7/18/2018 11:09 AM Sorry, i meant to copy Judge Voiiand on this too: Case 20180V002129 Document 1 Filed 1119.020?! 8 Page 20 of 40 July 13, 2018 Judge Randy R. Koschnick Director of State Courts 16 State Capitol PO Box 1688 Madison WI 53701-1688 Served via fax [608) 261-8299 and email Re: Pending/"Confidential" Investigative Report DearJudge Koschnick: We received a copy of a Report designated "Confidential" and addressed to you as the Director of State Courts as well as to Judge Dorow. Based on the message below, we understand that Judge Dorow chose to share the Confidential Report with certain parties and "a few reporters who have requested updates while this matter has been pending." it appears that the matter remains pending while "an appropriate plan of action" is developed with your Of?ce, and it is also possible (if not likely) that the report has been forwarded up the chain of command for further review. The Supreme Court Rules generally prohibit judges from publicly commenting on pending matters. Therefdre, I write to ask you whether you have authorized the release of the report that was addressed to you, whether that release is limited to the parties and the "few reporters" that Judge Dorow chose to share it with, and whether you or any other person or entity has or will make any decision regarding the acceptance of the findings and conclusions in the report (and if so, to share this correspondence with them). We note that the report itself does not attach or include copies ofthe supporting documentation upon which it is based. We do not believe, therefore, that anyone could come to any final decision regarding the report, its ?ndings or its conclusions in its current state. if you have determined that public comment is appropriate, we ask that you provide us with a copy of the report that is not designated as "Confidential," as well as copies of all documents gathered by your office and by the investigator incident to the investigation. If necessary, please consider this a request pursuant to Wisconsin Statute Section 19.31. Importantly, we believe the report contains material omissions of information and documentation that were previously provided to the investigator. Therefore, we intend to provide the missing and material information and documentation to you and to any others that you authorize to receive it forthwith, and ask that any decision regarding the acceptance of the findings and conclusions in the report await the receipt of that documentation. Regards, Case 20180V002i29 Document 1 Filed 11?20-2018 Page 21 01?40 Brent D. Nistler Cc: Hon. Jennifer Dorow (via email) Jennifer Dorow 07/03/18 1:09 PM Good Afternoon, Please be advised that Judge Fiedler has concluded his investigation and issued the attached report. i have reviewed it and accept it ?ndings. I have been in contact with Judge Koschnick and the Office of the Director of State Courts and have requested their continued assistance as i develop an appropriate plan of action consistent with my authority as Chiefiudge. Please know that I am committed to working with each and every one of you to move forward in a positive manner. 1 also want you to be aware that I have authorized release of the report to a few reporters who have requested updates while this matter has been pending. And although the report was sent to me with a cover page that says "Confidential", I consider the report to?bea public record at this point. - Thank you for your attention to this matter. i will be in touch with you in the near future as I solidify the plan. Judge Jennifer R. Dorow ChiefJudge District 3 Waukesha County Circuit Court Branch 2 Brent D. Nistler Nistler Law Of?ce, s.c 7000 W. North Ave. Wauwatosa, WI 53213 (414) 763-1147 Phone (414) 938-9572 Fax NOTE: The information contained in this electronic transmission and any documents accompanying the transmission are confidential and/or legally privileged material from Nistler Law Office, so. This information is intended only for the use of the individual or entity to whom the transmission is directed. it you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. if you have received this information in error, please permane ntiy delete it from your flies. Case 20180V002129 Document 1 Filed 11202018 Page 22 of 40 . JENNIFER a. DOROW Chief Judge STATE OF WISCONSIN Waukesha County Courthouse 515 West Moraisnd Blvd. THIRD JUDICIAL DISTRICT PATRICK C. HAUGHNEY Deputy Chief Judge WAUKESHA COUNTY COURTHOUSE 515 WEST MORELAND BLVD, ROOM Waukasha? Telephone: (262) 545?7210 MICHAEL o. NEIMON OFFICE (262) 548-7210 District Court Administrator FAX (262) 548-781 5 Wettkesha Caunty Courthouse 515 West Morelend Blvd. Waukesha. WI 53138-2428 Telephone: (262) 5464209 May 23, 2018 Via email Attorney Brent Nistler Law Of?ces, so. 7000 W. North Avenue Wauwatosa, WI 53213 BNistler@nistlerIaw.corn Re: May 18, 2018 Letter Dear Attorney Nistler: Thank you for your letter of May 18th. Please be advised that I respectfully disagree with your assertions and decline your client?s request to reouse myself from the administrative investigation. Nothing in your letter evidences a potential con?ict of interest by me. On the contrary, I remain committed to the independent administrative investigation being conducted by former Judge and US. Attorney Pat Fiedler. I have made no decisions or reached any conclusions and will not do so until his investigation is complete and I have his ?ndings to review and consider. Very truly yours, Elec?onicallv signed by Jennifer R. Dorow Jennifer R. Dorow Chief Judge Third Judicial District co: Hon. Randy Koschnick, Director of State Courts JEFFERSON OZAUKEE Cl WASHINGTON WAUKESHA Case 20180V002129 Document 1 Filed 11202018 Page 23 of 40 ?ist'er From: Brent Nistler Sent: Tuesday, August 14, 2018 5:03 PM To: Randy Koschnick Cc: Jennifer Dorow; Joseph Voiland Subject: Outstanding Open Records request regarding July 3, 2018 "confidential" report Dear Judge Koschnick and Judge Dorow: Thank you for your most recent follow up to our Open Records Request and the aclutowledgement that the response should not be taking this long. It has been approximately one month since we made this request and six weeks since your of?ces publicly released the "con?dential" report dated July 3, 2018. Because that report did not include copies of any supporting documentation, it was impossible for the public to know whether or not its ?ndings and its conclusions were complete or incomplete, accurate or inaccurate, right or wrong. What?s more, the fact that neither you nor Judge Dorow had that material raises concerns that its ?ndings and conclusions were adopted without appropriate verification. This is aggravated by the fact that we wrote to the investigator twice in the month prior to the issuance of the report regarding this topic and we received not even the courtesy of a response ?om him or anyone else subsequent and prior to the report's release. The fact that the public has been given every reason to incorrectly believe otherwise has harmed and continues to harm Judge Voiland in his of?cial and individual capacities. We await your provision of the records we requested. Please note that our Open Records Request applies not only to records maintained by the Director of State Courts and the investigator, but also to any relevant records maintained by Judge Dorow and by her District Court Administrator, as both act in cooperation with the Director of State Courts and each other in carrying out their administrative duties set forth in the law. See, Wisconsin Supreme Court Rules 7019(2) and 7016(4). Once this is received, we intend to follow up with you regarding the material infonnation that the investigator failed to include or to obtain prior to your public release of the report on July 3, 2018. Brent D. Nistler Nistler Law Of?ce, 3.0 7000 W. North Ave. WauWatosa, WI 53213 (414) 763?1147 Phone (414) 988?9572 Fax bnistler?nistlerlawcom Case 2018CV002129 Document 1 Filed 11202018 Page 24 01?40 From: Jennifer Dorow Sent: Wednesday, August 15, 2018 10:11 AM To: Brent Nistler Cc: Randy Koschnick; Tom Sheehan Subject: Open Records Request 8/14/18 Attorney Nistler, I am in receipt of your email dated August 14, 2018. in that email you make reference to your prior request to the Director being applicable to me. Please note you have not previously made an open records request of me. I even made reference to that in a prior email explaining why I had n't responded to the request you made of the Director. Clearly you are now making such a request in your most recent email, but i am unclear what it is you are seeking. Therefore, please clarify what it is you are requesting so that I may respond accordingly. Thank you. Judge Jennifer R. Derow ChiefJudge District 3 Waukesha County Circuit Court Branch 2 jennifer.dorow@wicourts.goy Case 20180V002129 Document 1 Filed 11~20~20i 8 Page 25 of 40 From: Brent Nistler Sent: Thursday, August 16, 2018 4:05 PM To: Jennifer Dorow; Randy Koschnick Cc: Joseph Voiland Subject: RE: Open Records Request 8/14/18 DearJudge Koschnick and Judge Dorow: On July 18 my office sent an open records request to the Director of State Courts office seeking any copy of the investigative report that is not designated as "Confidential," as well as copies of all records maintained by the Director of State Courts Office incident to the administrative investigation. In responding to a records request, a person is to provide all documents within his or her possession, custody or control. Here, that includes all records of the investigator and all records in the possession, custody or control of District Chief Judge Dorow and the District Court Administrator relating to the administrative investigation, for the District ChiefJudge and the District Court Administrator are required to carry out their administrative duties in cooperation with the Director of State Courts pursuant to Wisconsin Supreme Court Rules 70.19 and 70.16. The July 18 request expressly requested the investigator's files, as well, given his unique position as a private attorney not directly subject to Supreme Court Rules Chapter 70. In hopes of resolving any misunderstanding or dispute that may remain, this serves as an independent request for all records in the possession, custody or control of the investigator, District Chief Judge Dorow, the District Court Administrator and the Director of State Courts relating to the administrative investigation that led to the July 3, 2018 "Confidential" report, as well as for any copy of the investigator's report that is not designated "confidential." Brent D. Nistler Nistler Law Office, so 7000 W. North Ave. Wauwatosa, WI 53213 (414) 763-1147 Phone (414) ass-9572 Fax bnistler@nistlerlaw.com NOTE: The information contained in this electronic transmission and any documents accompanying the transmission are confidential and/or legally privileged material from Nistler Law Office, information is intended only for the use of the individual or entity to whom the transmission is directed. if you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. if you have received this information in error, please permanently delete it from your files.- Message-?--? From: Jennifer Dorow 1 Case 20180VOO2129 Document 1 Filed 11?20-2018 Page 26 of 40 Sent: Wednesday, AUgust 15, 2018 10:11 AM To: Brent Nistier Cc: Randy Koschnick Tom Sheehan Subject: Open Records Request 8/14/18 Attorney Nistler, I am in receipt of your email dated August 14, 2018. In that emaillyou make reference to your prior request to the Director being applicable to me. Please note you have not previously made an open records request of me. I even made reference to that in a prior email eXplaining why i hadn?t responded to the request you made of the Director. Clearly you are now making such a request in your most recent email, but I am unclear what it is you are seeking. Therefore, please clarify what it is you are requesting so that i may respond accordingly. Thank you. Judge Jennifer R. Dorow Chiefiudge District 3 Waukesha County Circuit Court Branch 2 Jennifer.dorow@wicourts.goy Case 20180V00212Q Document 1 Filed 1120-2018 Page 27 01?40 From: Jennifer Dorow Sent: Friday, August 17, 2018 3:20 PM To: Brent Nistler 1 Co: Dean Stensberg; Joseph Voiland; Michael Neimon; Nancy Rottier; Randy Koschnick; Tom Sheehan Subject: Re: Open Records Request 8/14/18 Attorney Nistier, in response to this and further acknowledging Judge Koschnick?s response, with with i concur, please accept this email asan acknowledgment of your open records request. I will respond to your request as soon as practicable and without delay. Judge Dorow On Aug 16, 2018, at 4:05 PM, Brent Nistier wrote: Dear Judge Koschnick and Judge Dorow: On July 13 my office sent an open records request to the Director of State Courts office seeking any copy of the investigative report that is not designated as "Confidential," as well as copies of all records maintained by the Director of State Courts Office incident to the administrative investigation. In responding to a records request, a person is to provide all documents within his or her possession, custody or control. Here, that includes records of the investigator and all records in the possession, custody or control of District Chief Judge Dorow and the District Court Administrator relating to the administrative investigation, for the District Chief Judge and the District Court Administrator are required to carry out their administrative duties in cooperation with the Director of State Courts pursuant to Wisconsin Supreme Court Rules 70.19 and 70.16. The July 18 request expressly requested the investigator?s files, as weii, given his unique position as a private attorney not directly subject to Supreme Court Rules Chapter 70. In hopes of resolving any misunderstanding or dispute that may remain, . this serves as an independent request for all records in the possession, custody or control of the investigator, District Chief Judge Dorow, the District Court Administrator and the Director of State Courts relating to the administrative investigation that led to the July 3, 2018 "Confidential" report, as well as for any copy ofthe investigator's report that is not designated "confidential." Brent D. Nistler Nistler Law Office, so 7000 W. North Ave. Wauwatosa, WI 53213 (414)763?1147 Phone Case 20180VOO2129 Document 1 Filed 1120?201 8 Page 28 of 40 (414) 988-9572 Fax bnistier@nistierlaw.com CONFIDENTIALITY NOTE: The information contained in this electronic transmission and any documents accompanying the transmission are confidential and/or legally privileged material from Nistler Law Of?ce, so This information is intended oniy for the use of the individual or entity to whom the transmission is directed. it you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. if you have received this information in error, please permanentiy delete it from your files. From: Jennifer Dorow Sent: Wednesday, August 15, 2018 10:11 AM To: Brent Nistier Cc: Randy Koschnick Tom Sheehan Subject: Open Records Request 8/14f18 Attorney Nistler, lam in receipt of your email dated August 14, 2018. in that email you make reference to your prior request to the Director being applicable to me. Please note you have not previously made an open records request of me. I even made reference to that in a prior emaii explaining why i hadn't responded to the request you made ofthe Director. Clearly you are now making such a request in your most recent email, but i am unclear what it is you are seeking. Therefore, please clarify what it is you are requesting so that I may respond accordingly. Thank you. Judge Jennifer R. Dorow ChiefJudge District 3 Waukesha County Circuit Court Branch 2jennifer.dorow@wicourts.goy Case 20180V002129 Document 1 Filed 11-202018 Page 29 of 40 R. DOROW Chlel Judge STATE OF WISCONSIN Waukaaha County Courthouse 515 West Moreland Blvd. 5 - THIRD JUDICIAL DISTRICT PATRICK C. HAUGHNEY Deputy Chief Judge COUNTY COURTHOUSE gzungmi?gdcg?hw? 515 WEST MORELAND BLVD, ROOM 0-359 Waukeshal w. 531554428 WAUKES HA, WISCONSIN 531 68 Telephone: (262) 548~7210 MICHAEL S. NEIMON OFFICE (262) 548-7210 District Court Administrator FAX (262) 548-7815 Waukesha County Courthouse 515 West Moreland Blvd. Wankesha. WI 53188-2423 Telephone: (262} 5484209 Attorney Brent Nistler via email Re: Open Records Request Dear Attorney Nistler: This is in response to your August 16 records request submitted to me by e-mail that stated, in part: . .. In hopes of resolving any misunderstanding or dispute that may remain, this serves as an independent request for all records in the possession, custody or control of the investigator, District Chief Judge Dorow, the District Court Administrator and the Director of State Courts relating to the administrative invostigation that led to the July 3, 2018 "Con?dential" report, as well as for any copy of the investigator?s report that is not designated "con?dential." In working to respond to your request, i would appreciate if you would clarify what you are seeking, and whether circumstances have changed the posture of your request since it was submitted. My understanding is that you are receiving the investigator? 5 records from the Director of State Courts, so it appears that part of your request is being addressed. I also understand that you may no longer represent Judge Voiland and wonder whether that affects the pursuit of your request. As it stands, the wording of your request seeks records based, in large part, on a subjective determination of whether a record may or may not have ?led to? a report. It would be helpful if you would provide objective and reasonably speci?c criteria indicating what records you are requesting. Under the Public Records Law, custodians are not required to try to guess at what records a requester desires (Seifert, 2007 WI App nor are they required to generate a new record. I will continue working toward a response if you would clarify. To the extent you may view any portion of this response as a denial of your request, such a decision would be potentially subject to review in an action for mandamus under Wis. Stats. ?l9.3 or by application to the local district attorney or the Attorney General. Sincerely, Electronically signed by Jennifer R. Dorow Judge Jennifer R. Dcrow Chief Judge District 3 Waulcesha County Circuit Court Branch 2 JEFFERSON El OZAUKEE [1 WASHINGTON El WAUKESHA Case 20180V002129 Document 1 Filed 11202018 Page 30 of 40 From: Joseph Voiiand Sent: Friday, August 31, 201 5:59 PM To: Jennifer Dorow Cc: Brent Nistler; Randy Koschnick Subject: - August 16, 2018 Request for all records relating to the administrative investigation Judge Dorow: I am replying to your letter response that was just delivered on the eve of Labor Day Weekend, still without providing any of your records. Attorney Nistler forwarded it to me and I am responding as I expect he will be out for the holiday. Nothing provided by the Director of State Courts Of?ce, and nothing about Attorney Nistler, should be reason to delay your response to the request. My request asked for all records relegate the administrative investigation that led to the July 3 report. While you say you cannot be sure which records "led" to the report, you have misread the request. The request does not ask for all records that "led to" the report. The request asks for all records relating to the investigation, while the investigation led to (or culminated in) the report. Therefore, please provide all records relating to the administrative investigation. Thank you. From: Jennifer Dorow Sent: Friday, August 31, 2018 3:51 PM To: Brent Nistler Cc: Randy Koschnick Case 20180V002129 Document 1 Filed 11202018 Page 31 of 40 Subject: Nistler 083118 Open Records Request Response Attorney Nistler, Please see the attached letter for your consideration. Judge Jennifer R. Dorow Chief Judge District 3 Waukesha County Circuit Court Branch 2 jennifer.dorow@wicourts.gov [Text of PDF letter] August 31, 2018 Attorney Brent Nistler via email Re: Open Records Request Dear Attorney Nistler: This is in response to your August 16 records request submitted to me by email that stated, in part: .. In hopes of resolving any misunderstanding or dispute that may remain, this serves as an independent request for all records in the possession, custody or control of the investigator, District Chief Judge Dorow, the District Court Administrator and the Director of State Courts relating to the administrative investigation that led to the July 3, 2018 Con?dential" report, as well as for any copy of the investigator's report that is not designated "con?denti In working to respond to your request, I would appreciate if you would clarify what you are seeking, and whether circumstances have changed the posture of your request since it was submitted. My understanding is that you are receiving the investigator?s records ?torn the Director of State Courts, so it appears that of your 2 Case 20180V002129 Document 1 Filed 112022018 Page 32 of 40 request is being addressed. I also understand that you may no longer represent Judge Voiland and wonder whether that affects the pursuit of your request. As it stands, the wording of your request seeks records based, in large part, on a subjective determination of whether a record may or may not have ?led to? a report. It would be helpful if you would provide obj active and reasonably specific criteria indicating what records you are requesting. Under the Public Records Law, custodians are not required to try to guess at what records a requester desires (Sei?fert, 2007 WI App 1[42), nor are they required to generate a new record. I will continue working toward. a response if you would clarify. To the extent you may View any portion of this response as a denial of your request, such a decision would be potentially subject to review in an action for mandamus under Wis. Stats. ?19 .3 or by application to the local district attorney or the Attorney General. Sincerely, Electronically signed by Jennifer R. Dorow Judge Jennifer R. Dorow Chief Judge District 3 Waukesha County Circuit Court Branch 2 Joe Voiland Ozaukee County Circuit Court Judge Case 20180V002129 Document 1 Filed 11202018 Page 33 of 40 JENNIFER R. DOROW ChlefJudgo STATE OF Weekesha County Courthouse 515 West Moreland Blvd. $233222: 32533333221223 THIRD JUDICIAL DISTRICT PATRICK C. HAUGHNEY Deputy Chief Judge WAUKESHA COUNTY COURTHOUSE gzuxggadcg?ghma 515 WEST MORELAND BLVD., ROOM 0-359 WNW, WI 5315,24,, WAUKESHA, WISCONSIN 531 as Telephone: (262) MICHAEL G. NEEMON OFFICE (262) 548-7210 District Court Administrator FAX (262) 543,731 5 Waukosha County Courthouse 515 West Moreland Blvd. Weukesha. Wt 53183-2423 Telephone: (262) 548-?209 Attorney Brent Nistler via email Re: Open Records Request On Aug. 31,2018, I wrote you in response to a public records request that you made of me on Aug. 16. have not received a response ?'om you. However, on Aug. 31, receiVed an e?mail message from Judge Joseph Voiland in response to my message that was sent to you. In this communication, Judge Voiland appears to modify your request and substitute himself for you as the records requester. As a result, I am seeking a response directly from you. Are you still pursing your Aug. 16 request on your own behalf? Or, am I to new work with Judge Voiland on his request as restated Aug. 3 1? I am dedicated to complying with the Public Records Law as soon as practicable and without delay. However, it is not clear with whom I am to be communicating. For now, it appears [have both of you as requesters, but I am not sure if that was your intent. Your direct reply to me and clari?cation on this question would be appreciated. To the extent you may View any portion of this response as a denial of your request, such a decision would be potentially subject to review in an action for mandamus under Wis. Stats. or by application to the local district attorney or the Attorney General. Sincerely, Electronically signed by Jennifer R. Dorow Judge Jennifer R. Dorow Chief Judge District 3 Waukesha County Circuit Court Branch 2 JEFFERSON CI OZAUKEE I3 WASHINGTON l3 WAUKESHA Case 20180V002129 Document 1 Filed 11?20201 8 Page 34 of 40 From: Brent Nistler Sent: Wednesday, September 19, 2018 9:51 AM To: Jennifer Dorow Cc: . Randy Koschnick Subject: RE: Nistler 091818 Open Records Request Responsepdf Attachments: Nistler 091818 Open Records Request Responsepdf Thank you for this letter. To clarify, I am representing Judge Voiland, and as he said, he wrote you directly because of the timing with the holiday weekend. ido?not think his request modifies mine, but to the extent it clarifies it, please consider it when providing the response. Thanks Brent D. Nistler Nistler Law Office, s.c 7000 W. North Ave. Wauwatosa, WI 53213 (414) 763-1147 Phone [414) 9888572 Fax bnistler@nistierlaw.com CONFIDENTIALITY NOTE: The information contained In this electronic transmission and any documents accompanying the transmission are confidential and/or legally privileged material from Nistler Law Office, s.c. This information is intended only for the use of the individual or entity to whom the transmission is directed. If you are not the intended recipient, you are hereby notified that any disciosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this information in error, please permanently delete it from your files. From: Jennifer Dorow Sent: Tuesday, September 18, 2018 12:48 PM To:,Brent Nistler Cc: Randy Koschnick Subject: Nistler 091818 Open Records Requast Response.pdf Attorney Nistler, Please see the attached letter. Thank you. (?ange Ogmry??r' Dan/aw Chief Judge District 3 Waukesha County Circuit Court Branch 2 _iennifer.dorow@wicourts.gov Case 20180V002129 Document 1 Filed 11?20-2018 Page 35 of 40 JENNIFER R. DOROW Chief Judge STATE OF WISCONSIN Waukesha County CourthoLIse 515 West Morelancl Blvd. $733232:32532333120? THIRD JUDICIAL DISTRICT PATRICK C. HAUGHNEY Deputy Chief Judge WAUKESHA COU NTYCOURTHOUSE mumgami??dcg?gh??a 515 WEST MORELAND BLVD., ROOM (3?359 Waukeshal 531332423 Telephone: (252} 548-7210 MICHAEL G. NEIMON OFFICE (262) 548-7210 District Court Administrator FAX (262) 543,7315 Waukesha County Counhouse 515 West Moreland Blvd. Waukeshs. WI 53188-2428 Telephone: (262) 548-7209 Attorney Brent Nistler via email Re: Open Records Request On Aug; 3 l, 2018, I wrote you in response to a public records request that you made of me on Aug. 16. I have not received a response from you. However, on Aug. 31, I received an e-mail message from Judge Joseph Voiland in response to my message that was sent to you. In this communication, Judge Voiland appears to modify your request and substitute himself for you as the records requester. As a result, I am seeking a response directly from you. Are you still pursing your Aug. 16 request on your own behalf? Or, am I to now work with Judge Voiland on his request as restated Aug. 31? I am dedicated to complying with the Public Records Law as soon as practicable and without delay. However, it is not clear with whom I am to be communicating. For now, it appears I have both of you as requesters, but I am not sure if that was your intent. Your direct reply to me and clari?cation on this question would be appreciated. To the extent you may View any portion of this response as a denial of your request, such a decision would be potentially subject to review in an action for mandamus under Wis. Stats. ?19.3 or by application to the local district attorney or the Attorney General. Sincerely, Electronically signed by Jennifer R. Dorow Judge Jennifer R. Dorow Chief Judge District 3 Waukesha County Circuit Court Branch 2 JEFFERSON Cl OZAUKEE Cl WASHINGTON WAUKESHA Case 20180V002129 Document 1 Filed 11?20201 8 Page 36 of 40 From: Jennifer Dorow Sent: Wednesday, October 17. 2018 4:13 PM To: Brent Nistler Cc: Randy Koschnick Subject: RE: Nistler 091818 Open Records Request Responsepdf Attorney Nistier, Your email is not entirely accurate. I have responded more than once to your (and Judge Voiland's follow up) inquiry and sought clarification, to which very little has been provided. During that time i have also been addressing a separate open records request as well as handling my responsibilities as a judge. Please know i have attempted to respond as soon as practicable and without delay. 1 am working with the Director?s office on my response and will get it to you as soon as possible. Thank you for your understanding. Judge Jennifer R. Dorow ChiefJudge District 3 Waukesha County Circuit Court Branch 2 jennifer.dorow@wicourtsgov Brent Nistler 10/17/2018 1:33 PM Dear Judge Dorow; More than two months ago, I requested records from you under the Wisconsin open records law. I requested all records relating to the administrative investigation which you oversaw relating to certain matters in Ozaukee County. That investigation?included a report by retired Dane County Judge Patrick Fiedler, which you publiciy stated that you had reviewed and whose finding you stated you adopted. You still have not provided the records, despite a number of foilow~up letters and messages to you. Please provide all of these records no later than Noon on Friday, October 19th, 2018. If you require payment for costs prior to that time, please let me know?the cost today. Thank you. Brent D. Nistler Nistler Law Office, 5.: 7000 W. North Ave. Wauwatosa, WI 53213 (414) 763-1147 Phone (414) 988-9572 Fax Case 2018QV002129 Document 1 Filed 11?20?201 8 Page 3? of 40 CONFIDENTIALITY NOTE: The information contained in this electronic transmission and any documents accompanying the transmission are confidential and/or legally privileged material from Nistler Law Office, s.c. This information is intended only for the use of the Individual or entity to whom the transmission is directed. If you are not the Intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this information in error, please permanently delete it from your files. From: Brent Nistler Sent: Monday, October 8, 2018 9:38 AM To: Jennifer Dorow Cc: Randy Koschnick Subject: FW: Nistler 091818 Open Records Request Responsepdf Good morning, we are coming up on 3 weeks since this last communication. When can i expect these records? Thank you. -8rent Nistler From: Brent Nistler Sent: Wednesday, September 19, 2018 9:51 AM To: 'Jennifer Dorow' Cc: Randy Koschnick Subject: RE: Nistler 091818 Open Records Request Responsepdf Thank you for this letter. To clarify, I am still representing Judge Voiland, and as he said, he wrote you directly because of the timing with the holiday weekend. I do not think his request modifies mine, but to the extent it clarifies it, please consider it when providing the response. Thanks Brent 0. Nistler Nistler Law Of?ce, so 7000 W. North Ave. Wauwatosa, WI 53213 (414) 763-1147 Phone (414) 988-9572 Fax CONFIDENTIALITY NOTE: The Information contained in this electronic transmission and any documents accompanying the transmission are confidential and/or legally privileged material from Nistler Law Office, so. This information is intended only for the use of the individual or entity to whom the transmission is directed. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information Is strictly prohibited. If you have received this information in error, please permanently delete it from your files. From: Jennifer Dorow Sent: Tuesday, September 18, 2018 12:48 PM Case 20180V002129 Document 1 Filed 11202018 Page 38 of 40 To: Brent Nistler Cc: Randy Koschnick Subject: Nistler 091818 Open Records Request Rasponsepdf Attorney Nistler, Please see the attached letter. Thank you. Judge Jennifer R. Dorow ChiefJudge District 3 Waukesha County Circuit Court Branch 2 Case 2018CV002129 JENNEFER R. DOROW Chlef Judge Waukesha Cczzuntyr Courthouse 515 West Moreland Blvd. Waukesha,Wl 53188-2428 Tetephone: (262) 548-7210 PATRICK C. HAUGHNEY Deputy Ghlef Judge Waukesha County CourthoUse 515 West Moreland Blvd. Waukesha. WI 53188-2423 Telephone: (252) 543-7210 MICHAEL G. NEIMON District Court Administrator Waukesha County Courthouse 515 West Moralsnd Blvd. Weskesha. WI 5318841428 Telephone: (262) 548-7209 October 19, 2018 Document ?1 Filed 1120?201 8 STATE OF WISCONSIN THIRD JUDICIAL DISTRICT WAUKESHA COUNTY COURTHOUSE 5'15 WEST MORELAND BLVD., ROOM 0-359 WAUKESHA. WISCONSIN 53188 OFFICE (262) 543-7210 FAX (262) 548-7815 Attorney Brent Ni stler via email Re: Open Records Request Dear Attorney Nistler: On Aug. 31, 2018, I wrote you in response to your records request asking you to ?provide objective Page 39 01?40 a tad and reasonably speci?c criteria indicating what records you are requesting. Under the Public Records Law, custodians are not required to try to guess at What records a requester desires (Seifert, 2007 WI App 1142), nor are they required to generate a new record.? I also wrote to you that I would continue working toward a response if you would clarify your request. To date, I have not received a substantive response from you with either search terms or a date range of the records you are after. I do not have electronic records compiled or organized by topic on the administrative investigation, so this information would be necessary to conduct a search of my e-mail. However, in response to your request, and for lack of you providing reasonably speci?c criteria, I have attached copies of electronic records that have previously been searched and provided under a previous records request. (See letter and responsive documents sent to Casey Geraldo, TMJ4 on March 13, 2018). Records included in this response are for emails to or from my email account containing the words ?koschnick? ?rules of judicial administration? or ?Ozaukee county? between September 1, 2017 and February 16, 2018. Please be advised that a copy of an attachment to an email received Dec. 18, 2017 at 3:13 pm. was excluded from this response because the document is publicly available and is 357 pages in length. The report is titled ?Wisconsin Department of Justice DCI, Cast Master Report 16-3772.? My understanding is you previously received a copy of this report, and it is publicly available. As previously noted in my Aug. 31 correspondence, my understanding is that you are receiving the investigator?s records from the Dir being addressed. DODGE El JEFFERSON l3 OZAUKEE WASHINGTON El WAUKESHA ector of State Courts, so it appears that part of your request is Case Document 1 Filed 11202018 Page 40 of 40 Third Judicial District Page 2 of 2 To the extent you may View any portion of this response as a denial of your request, such a decision would be potentially subject to review in an action for mandamus under Wis. Stats. or by application to the local district attorney or the Attorney General. Sincerely, Electranicallv Signed bv Jennifer R. Domw Jennifer R. Dorow Chief Judge District 3 co: Director of State Courts Randy Koschnick