September 26th, 2008
HBS Attorney John D. Hyland Profiled in the Waunakee Tribune
John Hyland: He's Waunakee's municipal court judge
D.M. Wasylik
Waunakee Tribune Correspondent
As elected Municipal Court Judge, John Hyland can utilize his 21 years of legal experience at Hurley, Burish and Stanton with the people who find themselves on the other side of the law in Waunakee.
"I wanted to expand my experience in the legal system and give to the community. Considering both sides and making a decision appealed to me," Hyland said.
Since May 1, the nonpartisan judiciary position for the village became the responsibility of Hyland.
"It's more work and harder than I expected, but in a good way," Hyland said. "And I couldn't do it without my clerk, Jodie Sorenson. She runs the place."
One night a month is set aside for adult cases and all traffic cases. These can be viewed on television. Another night is dedicated to juvenile cases only including truancy. And one night is set aside for trials.
In 2007, only one trial was heard. Since May, there have been five to six trials, all traffic related, with three or four more on the calendar.
According to Hyland, juvenile cases are interesting, frustrating and gratifying.
"I have to be inventive in talking with juveniles and their parents; what will work, what is an appropriate punishment and future deterrent? I spend five times more discussion with juveniles than adults, and I find that very rewarding," Hyland said.
At the end of the day, what Hyland hopes is that the people, both adults and juveniles he comes in contact with, believe he gave them a fair shake.
The legal system was far from Hyland's mind while growing up the youngest of eight in Monroe, Wis. Since the fifth grade, music is what made Hyland happy. He took up the trombone because he thought it was an impressive instrument - and his arms were long enough.
With that he participated in everything music all through high school including marching band and jazz band. He also enjoyed acting in both musical and straight plays.
Following in his teacher's footsteps and alma mater, he went on to Milton College in Milton, Wis. and graduated with a bachelor of art degree in music education/instrumental.
His first job was as the general music teacher in a Catholic grade school in Rockford, Ill. During his three years there, he set up the program in conjunction with the public school so the students could receive lessons on instruments.
Hyland returned to Monroe High School, from where he graduated, and taught for the next three years.
It was a time of budget cuts and lay offs. Hyland was let go and spent a year substitute teaching and then started working at other things.
Hyland had become very involved in Janesville's community theater and Rockford's New American Theater, especially during his summers off from teaching.
He met a fellow actor who was a lawyer by day.
"I thought he had a nice job, made money and had time to be in shows," Hyland said.
Hyland made a life changing decision and entered law school at UW-Madison.
"Going to school again was fun. It was a diverse group of students," Hyland said.
His spent his first summer an intern in Washington, D.C. at the Pentagon helping with civil litigation in a program set up by Judge Advocate General or JAG.
"We researched some interesting legal issues," Hyland said.
During his second summer of law school, he accepted an internship at Hurley, Burish and Stanton and has been there ever since.
His initial legal practice dealt with general law and divorce. Eventually, Hyland started helping with trials and criminal cases, and his career took off. Today, he specializes in criminal defense at the trial level with some appellate cases.
Hyland has been involved with two noteworthy cases. Hyland wrote the briefs for the first Wisconsin case where the conviction was overturned due to DNA evidence. In 1990, Anthony Hicks was sentenced to 19 years in prison for rape and spent four and half years behind bars before the case was overturned in 1995.
Hyland presented the oral argument in front of the Wisconsin Supreme Court for Debra Head who shot and killed her husband and lost in the court of appeals.
After the Supreme Court reviewed her case, their decision rewrote the law of self-defense. Prior to that judgment, the defense had to prove they were threatened but the new law opened the door to subjective threat.
"I enjoy when a case has a unique issue to litigate," Hyland said.
While practicing law, Hyland did continue to pursue theater as he planned.
Hyland joined the Madison Savoyards, a group involved in performing one Gilbert and Sullivan production each summer. Sharyn Gardill was producing the show, and during a get together after one rehearsal, she mentioned she was from Pittsburgh. Hyland claimed
"I love Pittsburgh," and they began dating.
The couple has been married for 15 years.
Hyland and Gardill have three children, Aedan, age 12, Olivia, age 6, and Julia, age 3. Gardill is an independent contractor for pharmaceutical companies doing medical research.
After Aeden, the couple experienced secondary infertility. They started pursuing adoption from Korea. But when no progress was being made they turned to other countries. The day they heard they were accepted for adoption from Guatemala was the actual day Olivia was born, although they didn't know it at the time.
"She was meant to be ours," Hyland said.
When Olivia was 5 1/2 months old, the couple traveled to Guatemala to bring her home.
With such a good experience, Hyland and his wife adopted the second time and had the good fortune to bring Julia home when she was 4 1/2 months old.
Hyland states there was a "karma connection" with Julia as well. Julia's birth name was Norma and Hyland had lost a sister-in-law named Norma.
"We're adoption advocates. We love talking about adoption. The girls are healthy, bright and handfuls, and Aeden is a great big brother," Hyland said.
Hyland just finished building a tree house with his 79 year-old father-in-law. Both men and the kids are thrilled and proud of their project.
The Hylands love to travel and expose their children to the arts. After spending eight summers with the Madison Savoyards, Hyland quit the theater when his family grew.
But making music continues to make him happy, especially when he and Aeden resonate together with their trombones.
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