Breaking the Ice: Work and rewards in civil commitment law

Name: Daniel Repka

Title: Attorney, Repka Law

Education: B.S., public administration, University of Wisconsin-Green Bay; M.A., political science, University of Wisconsin-Milwaukee; J.D., William Mitchell College of Law

Criminal defense attorney Daniel Repka says lawyers who don’t join him in practicing civil commitment law miss out on the hard work but also on the reward.

Civil commitment law stands at the intersection of the criminal justice system and mental health, Repka said. Those facing civil commitment often are from underrepresented communities.

“It’s the perfect place where we can help people, understanding how mental illness affects people’s lives and decision-making and how we can get them the best outcome not only in their civil commitment case, but if they have a criminal case as well, assisting in both arenas,” Repka said.

Civil commitment cases, however, are very hands-on, Repka said, requiring extensive time and communication with clients and reading voluminous medical records.

“It’s very difficult, but it’s also rewarding,” Repka said. “People unfortunately don’t see that rewarding aspect of it.”

Repka opened Repka Law, with St. Paul and Hudson offices, in 2014.

Q: Best way to start a conversation with you?

A: A smile or a hello is usually enough. I’m a pretty friendly, open guy.

Q: Why did you go to law school?

A: I wanted to be a lawyer ever since I was a kid. I volunteered with Teen Court in Wisconsin, starting in middle school. Teen Court is a nonprofit where juveniles who violate low-level criminal laws go through a diversion program. If they complete Teen Court, they avoid criminal prosecution. I volunteered as a teen attorney, and that that’s when I knew I wanted to be a lawyer.

Q: What books are you reading?

A: You’re talking to a man with four kids. Two step kids, 13 and nine. Two of my own, both toddlers, both 2 years old. The book that we’re reading now is “Kiss Good Night” by Amy Hest. Tonight will mark probably the 81st time that I’ve read that book.

Q: What’s your pet peeve?

A: Before the judge makes a decision, most times the judge says, “Counsel, anything further?” My biggest pet peeve is when an opposing counsel says, “No, but I will add…” and then they add something.

Q: Best part of your work?

A: Helping people when they need it the most.

Q: Least favorite?

A: The hours or getting attached to a case.

Q: Favorite activity away from work?

A: Traveling and spending time with my wife and children.

Q: Where would you take someone visiting your hometown?

A: I grew up in Menasha, Wisconsin. About 30 minutes north of Menasha, off of Interstate 41, is the football stadium of the best team in the league, the Green Bay Packers. If I were taking somebody to my hometown where I grew up, we’d go to Lambeau Field.

Q: Misconception that others have about your work as an attorney?

A: As a criminal defense attorney, people who aren’t well versed in the criminal justice system give me a weird look and say, how do you sleep at night defending all the bad people? First of all, they are presumed innocent, they’re not bad people. They are people just like you and me. Even if the government can prove that my clients are guilty of a crime or several crimes, that doesn’t make them bad people. It means they made a mistake. People who make mistakes aren’t inherently bad people. But as a society, we value holding the government to its burden of proof over holding individuals accountable. To be clear, it’s important to hold individuals accountable, but it’s more important that first the government meets its burden of proof. Because if we don’t protect the rights of the accused, which includes the right to the presumption of innocence, the right to remain silent, the right to have a trial, if we don’t protect those rights for the accused, who is going to protect those rights for us?

Q: Favorite book, movie or TV show about lawyers?

A: “Better Call Saul” is my current favorite.