The four people running for Wisconsin Supreme Court this spring have some major differences, which were in evidence at the candidates' first joint forum Monday. The four are competing to replace Justice Patience Roggensack, who is retiring this summer.
WisPolitics.com organized the forum held in Madison. One of the four candidates, Dane County Judge Everett Mitchell, is Black and would be just the second person of color to serve on what is currently an all-white seven-person court.
Mitchell says, "I believe our state deserves a justice, who reflects the diversity and ideas and values of our entire state.'' Mitchell says as presiding judge of Dane County's juvenile court division, he has worked with community and faith leaders, police and others to try to reduce youth crime.
Another State Supreme Court candidate, Milwaukee County Judge Janet Protasiewicz says she's running to bring change and common sense back to the court. "I could not sit back and watch extreme, right-wing partisans, hijack our Supreme Court," says Protasiewicz.
Conservatives currently control the court four to three, with Justice Roggensack being in that majority. Her upcoming departure gives liberal justices their first chance in many years to take control.
One of the two judicial conservatives running this year is former Wisconsin Justice Dan Kelly, a Scott Walker appointee who lost his first election two years ago. Kelly says he's favored judicial rulings elsewhere that have demonstrated what he calls fidelity to the Constitution.
"That's the North Star for us. Now, sometimes, circumstances call for the Constitution to change," says Kelly. "That's why both the United States Constitution and our Wisconsin Constitution provide for amendments, amendments.''
The fourth candidate for the State Court, Waukesha County Chief Judge Jennifer Dorow highlighted her work last fall overseeing the Waukesha parade deaths trial as saying it showed she can be fair with difficult litigants.
But Dorow, a conservative, also pledged to protect laws."Sometimes the words, or even the statutes themselves, are stupid. But stupid doesn't mean unconstitutional. It doesn't matter in my job, whether I like the words, or even to agree with the law," says Dorow.
Dorow's answer came in response to a question about what the candidates regard as the worst Wisconsin or U.S. Supreme Court ruling in the last thirty years. Dorow didn't elaborate on comments she made twelve years ago while applying to then-Governor Walker to be appointed judge in Waukesha County. At the time, Dorow answered the worst ruling was a 2003 federal decision overturning a Texas anti-sodomy law.
Yesterday, Former State Justice Kelly did expand on his earlier opposition to a 2005 federal ruling that justified government taking private property for a more productive economic use. "When the government steps in and takes private property, it's not just an economic problem for the person who loses the property. It's also a question of liberty," says Kelly.
Dane County Judge Mitchell says the worst major judicial decision of the last three decades is last summer's overturning of Roe vs. Wade. Mitchell says the ruling put the U.S. in a chaotic place. "Where you may have 50 different interpretations about reproductive choice, and our states are struggling to find out what these things mean. Because what was taken away from something the majority of individuals in our communities and states had also felt was foundational at that time," says Mitchell.
Milwaukee County Judge Protasiewicz also criticized the overturning of Roe.
"Privacy issue is paramount. My value is that women should be able to make their reproductive rights decision themselves. Sure, go ahead talk to your clergy, talk to your family, talk to your health care provider. But in the end, my values tell me, that that should be your decision," says Protasiewicz.
Asked to name their favorite Founding Father, Kelly named Alexander Hamilton. Protasiewicz chose John Adams, Mitchell picked Thomas Jefferson, amid concerns about Jefferson's views on race. And Dorow named George Washington.
"A man who, kind of like a David against Goliath, went out and led our troops against a tyrannical government King George had thrust upon colonies,'' says Dorow.
Wisconsin's spring primary election is Tuesday, February 21, 2023 and the spring general election is Tuesday, April 4, 2023. If you have a question about voting or the races, submit it below.
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