Milwaukee City Attorney Candidate Questionnaire
March 6, 2024
On February 9, 2024, the ACLU of Wisconsin sent a questionnaire to the two candidates running for Milwaukee City Attorney regarding their positions on civil rights and liberties issues impacting Milwaukeeans in anticipation of the April 2, 2024 election.
Candidate responses are listed below.
Why are you running for City Attorney, and what are your qualifications for the role?
A.Why are you running for City Attorney, and what are your qualifications for the role?
A.
Evan Goyke:
I believe the office of the City Attorney can play a meaningful role in improving the quality of life of residents of Milwaukee. Whether residents know it or not, the City Attorney’s office impacts them. Restoring a world class law firm will benefit residents and the City as a whole. I’m running to be that change agent and rebuild the office to a position of excellence and leadership.
I have been an attorney for 15 years and have used my legal training in a number of different ways. I have the experience necessary to take on the challenge of rebuilding the office and charting a path forward for addressing some of the City’s most pressing challenges.
Tearman Spencer:
Did not respond.
The mission statement for the Office of City Attorney is, “To protect the legal interests of the City of Milwaukee and provide quality, timely, and impartial legal services consistent with the highest professional and ethical standards while successfully meeting clients’ needs in accordance with the City Charter and statutory requirements.” What metrics should be used to determine whether the City Attorney’s Office is succeeding in its mission?
A.The mission statement for the Office of City Attorney is, “To protect the legal interests of the City of Milwaukee and provide quality, timely, and impartial legal services consistent with the highest professional and ethical standards while successfully meeting clients’ needs in accordance with the City Charter and statutory requirements.” What metrics should be used to determine whether the City Attorney’s Office is succeeding in its mission?
A.
Evan Goyke:
This is a challenging metric given many of the areas of representation are either privileged and difficult to communicate publicly. The immediate metrics will be related to timeliness of the attorney's work product, court deadlines, filled staff vacancies, etc. As those basic metrics return to an expected norm, I hope to have more public facing metrics, especially surrounding municipal court, housing initiatives, and litigation.
Tearman Spencer:
Did not respond.
As City Attorney, what specific steps will you take to ensure that the city is providing adequate safeguards against discrimination based on “sex, race, religion, color, national origin or ancestry, age, disability, lawful source of income, marital status, sexual orientation, gender identity or expression, victimhood of domestic abuse or sexual assault, past or present membership in military service, HIV status, domestic partnership, genetic identity, homelessness, familial status, or an individual’s affiliation or perceived affiliation with any of these categories,” with respect to housing, employment, and other public accommodations provided by the city, as outlined in Chapter 109 of the Milwaukee Code of Ordinances?
A.As City Attorney, what specific steps will you take to ensure that the city is providing adequate safeguards against discrimination based on “sex, race, religion, color, national origin or ancestry, age, disability, lawful source of income, marital status, sexual orientation, gender identity or expression, victimhood of domestic abuse or sexual assault, past or present membership in military service, HIV status, domestic partnership, genetic identity, homelessness, familial status, or an individual’s affiliation or perceived affiliation with any of these categories,” with respect to housing, employment, and other public accommodations provided by the city, as outlined in Chapter 109 of the Milwaukee Code of Ordinances?
A.
Evan Goyke:
First is to lead by example. Until recently, violations of these protections were inapplicable to elected officials, including the current City Attorney. Second, despite unfavorable state labor laws, there are opportunities to improve workplace protections through more communication between employees and management. Lastly, as the City’s counsel in this area, we need to properly train and guide the City on these protections and ensure they are upheld and respected in the workplace.
Tearman Spencer:
Did not respond.
Housing Justice: As City Attorney, what specific steps will you take to prevent the criminalization of homelessness in the City of Milwaukee?
A.Housing Justice: As City Attorney, what specific steps will you take to prevent the criminalization of homelessness in the City of Milwaukee?
A.
Evan Goyke:
As City Attorney, I intend to modernize municipal court operations and increase both the efficacy and transparency of the system. In that process, I would welcome the opportunity to work with community stakeholders to best address the over criminalization of homelessness and how to most effectively partner to help individuals become housed and safe.
Tearman Spencer:
Did not respond.
Housing Justice: As City Attorney, what specific steps will you take to hold neglectful or predatory landlords accountable to protect the rights of Milwaukee tenants?
A.Housing Justice: As City Attorney, what specific steps will you take to hold neglectful or predatory landlords accountable to protect the rights of Milwaukee tenants?
A.
Evan Goyke:
Housing will be a top priority of my administration. I intend to revive previously successful receivership lawsuits to hold problem landlords accountable for providing unsafe housing conditions. I also hope to join the growing coalition of community and housing advocates working to disrupt the pipeline of homes and/or housing units to out of state actors and instead work to increase ownership opportunities.
Tearman Spencer:
Did not respond.
The Right to Protest: As City Attorney, what specific steps will you take to protect the First Amendment rights of demonstrators, legal observers, and members of the press?
A.The Right to Protest: As City Attorney, what specific steps will you take to protect the First Amendment rights of demonstrators, legal observers, and members of the press?
A.
Evan Goyke:
This is a difficult question to answer given the possibility (or likelihood) of future litigation. I believe in the First Amendment and its importance in our free society.
Tearman Spencer:
Did not respond.
The Right to Protest: Under Wisconsin law, an emergency measure like the issuance of a curfew, requires an action by the chief executive officer of a local unit of government subject to the ratification, alteration, modification, or repeal by the governing body as soon as that body can meet. Wis. Stat. § 323.14(4). What role should the City Attorney have in ensuring any curfews declared in Milwaukee receive proper approval by the Common Council?
A.The Right to Protest: Under Wisconsin law, an emergency measure like the issuance of a curfew, requires an action by the chief executive officer of a local unit of government subject to the ratification, alteration, modification, or repeal by the governing body as soon as that body can meet. Wis. Stat. § 323.14(4). What role should the City Attorney have in ensuring any curfews declared in Milwaukee receive proper approval by the Common Council?
A.
Evan Goyke:
The City Attorney’s role is to help ensure that federal, state and local laws are followed in the promulgation of any policy, including any initiated under an emergency order.
Tearman Spencer:
Did not respond.
Surveillance: The proliferation in local police department’s use of surveillance technology, which in most places has occurred without any community input or control, presents significant threats to civil rights and civil liberties that disproportionately impact communities of color and low-income communities. Milwaukee currently does not have an ordinance governing the funding, acquisition, and deployment of surveillance equipment by city departments, including the police. Would you support the Common Council’s adoption of an ordinance requiring public transparency regarding the acquisition and use of surveillance technology by the Milwaukee Police Department? Why or why not?
A.Surveillance: The proliferation in local police department’s use of surveillance technology, which in most places has occurred without any community input or control, presents significant threats to civil rights and civil liberties that disproportionately impact communities of color and low-income communities. Milwaukee currently does not have an ordinance governing the funding, acquisition, and deployment of surveillance equipment by city departments, including the police. Would you support the Common Council’s adoption of an ordinance requiring public transparency regarding the acquisition and use of surveillance technology by the Milwaukee Police Department? Why or why not?
A.
Evan Goyke:
As City Attorney, I won’t take a position on pending or future legislation, however, if the Council members desire to draft and enact such a policy, my office will help ensure it complies with any relevant federal, state or local laws as well as achieves its desired impact for residents of Milwaukee.
Tearman Spencer:
Did not respond.
Surveillance: The use of facial recognition technologies by law enforcement has been criticized because those systems have been shown to be susceptible to discrimination and bias. What steps would you take in your role as City Attorney to limit and regulate the use of facial recognition technologies by law enforcement and private businesses?
A.Surveillance: The use of facial recognition technologies by law enforcement has been criticized because those systems have been shown to be susceptible to discrimination and bias. What steps would you take in your role as City Attorney to limit and regulate the use of facial recognition technologies by law enforcement and private businesses?
A.
Evan Goyke:
One of the primary responsibilities of the City Attorney is to ensure City actors are complying with the law. Unregulated or unlimited use of technologies like facial recognition could open the City to major liabilities and I would work to ensure any regulatory framework is in place should the governing bodies of the City elect to adopt these technologies.
Tearman Spencer:
Did not respond.
Police Accountability: According to data published by the Milwaukee Municipal Court, a total of 35,892 cases were filed for alleged ordinance or traffic violations in addition to 784 juvenile cases filed for alleged ordinance violations in 2023. Would you commit to the City Attorney’s Office reviewing every citation for probable cause before each matter is scheduled for court? Why or why not?
A.Police Accountability: According to data published by the Milwaukee Municipal Court, a total of 35,892 cases were filed for alleged ordinance or traffic violations in addition to 784 juvenile cases filed for alleged ordinance violations in 2023. Would you commit to the City Attorney’s Office reviewing every citation for probable cause before each matter is scheduled for court? Why or why not?
A.
Evan Goyke:
Yes, this seems to be a basic function of the prosecuting attorneys of Municipal Court and if violations are not supported by adequate facts they should not be prosecuted.
Tearman Spencer:
Did not respond.
Police Accountability: In April 2023, the Milwaukee Fire and Police Commission approved a new standard operating procedure requiring the Milwaukee Police Department to publicly release police video footage within 15 days of deaths by police and other critical incidents. Do you support the public release of police video footage with 15 days of deaths by police and other critical incidents? Why or why not?
A.Police Accountability: In April 2023, the Milwaukee Fire and Police Commission approved a new standard operating procedure requiring the Milwaukee Police Department to publicly release police video footage within 15 days of deaths by police and other critical incidents. Do you support the public release of police video footage with 15 days of deaths by police and other critical incidents? Why or why not?
A.
Evan Goyke:
This is a difficult question to answer given the possibility (or likelihood) of future litigation.
Tearman Spencer:
Did not respond.
Police Accountability: What do you believe is the role of the City Attorney’s Office in ensuring transparency and accountability for the Milwaukee Police Department?
A.Police Accountability: What do you believe is the role of the City Attorney’s Office in ensuring transparency and accountability for the Milwaukee Police Department?
A.
Evan Goyke:
Milwaukee is fortunate to have, even after recent state law changes, processes that allow public input into policing. While some issues will be subject to confidentiality and litigation and therefore not able to be communicated to the public, I do believe transparency and accountability are key. I see my role as advising and working with the Police Department to ensure they proactively act as transparent as possible. This not only avoids costly battles over records but helps build a stronger relationship and trust with community members.
Tearman Spencer:
Did not respond.
The ACLU of Wisconsin is a 501(c)(4) nonprofit, nonpartisan organization and does not endorse or oppose candidates for elected office. We want every eligible voter to cast an informed vote.