Batter up for some judicial activism.

• Date: 08 September 2022
• Author: Herman, Gregg

Byline: GREGG HERMAN

The term "judicial activism" is commonly thrown around to disparage judges. It generally is used to accuse courts of being too aggressive or too liberal. A recent court of appeals decision contains an element which raises an interesting question.

In State v. Liebzeit, 2021AP9 the court of appeals reversed the trial court for modifying a sentence of life imprisonment without parole. The same judge who imposed the original sentence, the Hon. John A. Des Jardins, apparently changed his mind.

According the Court of Appeals decision, in 2019, after attending a judicial education seminar at which scientific research on brain development in young adults was discussed, Judge Des Jardins "took it upon himself" to write to the Liebzeit's appellate counsel (and the state) suggesting they consider a modification of the 1997 sentence based on new evidence. Liebzeit took the judge up on the suggestion...