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Milwaukee's new presiding judge talks about why courts' hands are tied when it comes to reckless drivers

Although Phil Chavez is new to the role of presiding judge, he has been with the Milwaukee Municipal Court for 16 years.
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Posted at 4:36 PM, Jan 26, 2023
and last updated 2023-01-26 19:21:06-05

MILWAUKEE — If you get a traffic ticket in Milwaukee, you are likely heading to municipal court. There is now a new leader of the city courts, presiding Judge Phil Chavez. Although he is new to the role of presiding judge, he has been with the Milwaukee Municipal Court for 16 years. He says the problem of reckless driving in the city is not getting better.

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Milwaukee Municipal Court room where Judge Phil Chavez presides.

“It's definitely gotten worse. There's not a day that goes by if I'm on the road, or if I am walking that I don't see some sort of violation, dangerous violation, running a stoplight, running a red light, making a turn into a bike lane, things of that nature. The dangers have definitely increased in driving,” said Judge Chavez.

Judge Chavez took over the position of presiding judge at the beginning of the year from Judge Derek Mosley, who recently retired. This is Judge Chavez’s second time as presiding judge. He also held the role from 2012-2017.

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Judge Phil Chavez, presiding judge of the Milwaukee Municipal Court.

When it comes to what kind of cases he hears, that’s up to the district attorney’s office to decide. But the cases he sees are ones that come with less serious punishments.

"There is absolutely no jail time associated with driving in the Milwaukee Municipal Court," said Judge Chavez.

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The courtroom where Judge Phil Chavez presides in the Milwaukee Municipal Court.

The highest penalty he can sentence someone to for a traffic citation is suspending their license. However, Judge Chavez says he does not know if suspending a license makes a difference in curbing reckless driving.

“I guess the main issue is does it have the effect that people will stop driving if they are suspended. I can tell you in Municipal Court oftentimes that is not the case because you can suspend a license, but it doesn’t stop someone from getting behind the wheel and continuing to drive,” said Chavez.

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Judge Phil Chavez, presiding judge of the Milwaukee Municipal Court.

But as to whether or not there should be strong penalties, Judge Chavez says that’s where his role ends.

“I can’t write tickets. No one can in terms of being a judge. We can only adjudicate the things we see before us,” said Judge Chavez. “We are more reactionary because we can only talk and discuss things that are happening in front of us. I can’t predict what somebody is going to do in the future nor should I as a judge.”

He says the solution begins with having driver’s education back in the classroom in Wisconsin.

“We need to educate at the very, very time people are getting their license. I think it has a direct correlation to them not knowing how to properly drive,” said Judge Chavez.

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Gavel sits behind the name plate of Judge Philip Chavez.

In the meantime, Judge Chavez says he talks with every driver who goes through his courtroom about proper driving behavior and how dangerous it is to drive recklessly.

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