Your Questions Answered

ON THE ISSUES

  • Bail decisions are important public-safety decisions. Like all judges, I must make those decisions in accordance with the Constitution and Wisconsin law. My responsibility is to consider the facts and information presented in each case and set lawful and appropriate bail.

    Some of the factors I must consider in each case are:

    • The seriousness of the charges

    • The defendant’s criminal history and record of following court orders

    • Whether the defendant has other pending cases or is already under supervision

    • Whether the defendant is likely to return to court and comply with the conditions of release

    Every case is different, and bail decisions must be based on the facts of that individual case.

    I also chair the Washington County Criminal Justice Coordinating Council, which has made pretrial compliance (bail compliance) one of its three strategic priorities. The Council is working to strengthen local criminal justice resources and improve how the system handles pretrial release, compliance with court-ordered conditions, and bail. I’ve taken an active leadership role in this work because pretrial compliance and bail are important issues for our criminal justice system.

  • Sentencing is one of the most serious responsibilities of a judge. I believe sentences must protect the public, hold offenders accountable, recognize the seriousness of the offense, and follow the law.

    As a judge, I consider the facts and circumstances of every individual case before imposing a sentence. Those factors include the gravity of the offense, the defendant’s criminal history and character, the impact of the crime on victims and the community, and the need to protect the public.

    In certain cases, protecting the community and holding an offender accountable requires significant prison time. In some cases, the best way to protect the public and reduce future criminal behavior is to combine accountability with treatment, close supervision and monitoring in the community, and other appropriate consequences.

We will continue to update this page with answers to the questions Washington County residents frequently ask Judge Giernoth. Check back often!