One of the more under-reported issues of 2017 was the numerous federal judicial nominees waiting for confirmation by the U.S. Senate. Included in that group is one of Wisconsin’s own, former Milwaukee County Circuit Court Judge Michael Brennan, who was nominated in August for a seat on the U.S. Court of Appeals for the 7th Circuit, which covers Illinois, Indiana and Wisconsin. Given his excellent qualifications, Brennan deserves a swift confirmation vote.
Indeed, if one were to ask a mad scientist to create the ideal federal judicial nominee, it seems plausible the end result would look something like Judge Brennan. A thumbnail sketch of his career shows that he has a resume very few lawyers in the nation can match.
RELATED: Trump court pick Michael Brennan faces Senate Judiciary Committee
After graduating law school from Northwestern, Judge Brennan began his career as a law clerk for federal trial judge — and former Wisconsin Attorney General — Robert Warren. He subsequently worked at Foley & Lardner, Wisconsin’s largest law firm. After this stint in private practice, Judge Brennan clerked for Judge Daniel Manion of the 7th Circuit. From there he went to the Milwaukee County District Attorney’s office, where he tried over 50 felony and misdemeanor cases to verdict.
While he was a prosecutor, Brennan also worked on reforming sentencing laws in Wisconsin, an effort that ultimately led to the widely-successful “Truth in Sentencing” law signed by Gov. Tommy Thompson. Brennan’s work on the legislation so impressed the former governor that it helped secure him an appointment to the Milwaukee County Circuit Court in 2000. During his eight years on the bench, Judge Brennan presided over 300 civil and criminal trials. In 2006, the Wisconsin Law Journal rated him as the most affirmed of the approximately 250 trial judges in the state.
In 2008, Judge Brennan returned to private practice, where he has continued to garner legal accolades, being named to the prestigious “Best Lawyers in America” listing and gaining recognition as one of the 10 best mediators/arbitrators in Wisconsin by the National Academy of Distinguished Neutrals.
Judge Brennan’s impact in the Wisconsin legal community, however, extends far beyond the work he has done for his employers. In fact, Brennan has authored more than 50 published articles on legal topics as varied as sentencing and federal jurisdiction. He has also done substantial pro bono work and has offered his services as a moot court judge for public defenders and law students alike.
Brennan’s public spiritedness is also demonstrated by his work heading up Governor Walker’s Judicial Selection Advisory Committee from 2011-17. In this role, Judge Brennan reviewed applications for pending state judicial vacancies, interviewed candidates and made recommendations to the governor.
Finally, I wish to add my personal observations. I have known Judge Brennan for more than a decade, dating back to my time in law school. This past year, I had the opportunity to work with him as co-counsel on a significant civil case, which was argued before the Wisconsin Court of Appeals. Judge Brennan’s acumen, analytical skills and persuasive abilities were an invaluable addition which helped secure a hard-fought victory for both of our clients.
In addition, I have always known Judge Brennan as the personification of a gentleman and a scholar, and someone who possesses not only the talent but the temperament needed in a judge.
Put simply, a better judicial candidate does not exist in this state. The Senate should confirm Michael Brennan to the 7th Circuit Court of Appeals without hesitation.
Matthew Fernholz practices civil litigation at a law firm in Waukesha.