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Fears of Partisan Bench Dominate Supreme Court Hopefuls' Debate

Incumbent Justice Rebecca Bradley (left) faces a challenge from Judge Joe Donald and Judge JoAnne Kloppenburg.

Wisconsin voters will decide this spring who wins a ten-year term on the state Supreme Court.  This month in the primary, they will narrow the field from three candidates to two.  

They are:  Incumbent Justice Rebecca Bradley, Milwaukee County Circuit Judge Joe Donald and Appeals Court Judge JoAnne Kloppenburg.  All three recently made their cases during a debate in Milwaukee.

Gov. Walker appointed Rebecca Bradley to the Supreme Court in October. She had previously served on a state appeals court and as a Milwaukee County circuit judge. Bradley says she’s proud of her short tenure on the high court.

“One of my favorite parts of my job as a state Supreme Court justice, is when we retire to our conference room to discuss cases that we’ve just heard oral arguments about. I am very pleased to report to everyone, that those conversations that occur among my colleagues on the court are always very collegial and professional,” Bradley says.

There have been moments of sharp divide among the justices along ideological lines – even a legendary scuffle, and of the liberal-leaning minority issuing biting dissents in certain rulings. Bradley’s appointment seems to strengthen the court’s conservative leanings, although she has not voted in recent, high-profile cases.

“I believe it is so important that we have justices on our state Supreme Court who will set aside their personal policy preferences and political inclinations and apply the law as it is written and not what they may wish it to be,” Bradley says.

“I have one candidate on my right and one on my left,” says Milwaukee County Circuit Judge Joe Donald. He drew chuckles when painting himself as the independent in the race. “By the end of this debate, you will know which one does not look like the other,” Donald says.

Donald was appointed to the court by former Republican Gov. Tommy Thompson in 1996. The judge says he has support from both sides of the political aisle, noting that the position is officially non-partisan.

“This election is vital to the independence of our court because if we do not truly elect an independent candidate, we are going to be stuck with a division and a divisive court and an ideologue who may be on the court for the next 30 years,” Donald says.

Donald says he’s bothered by evidence of discord and politics infiltrating the current high court. Perhaps the candidate with the most statewide name recognition is state Appeals Court Judge JoAnne Kloppenburg. That’s because she ran once before, in 2011, not long after Gov. Walker advanced Act 10 – gutting public unions.

The race was viewed as a referendum on the issue, and at first, it appeared she unseated incumbent Justice David Prosser, until uncounted votes turned up in Waukesha. Kloppenburg insists big money has no influence over her.

“I have a record of issuing decisions that are fair and impartial and follow the law and I also have shown that I will have the courage and the skill to stand up to the influence of partisan politics and special interests on the court,” Kloppenburg says.

Kloppenburg took a swipe at the incumbent for allowing the Republican Party of Wisconsin circulate her nomination papers.

“I will accept money from anyone who is legally allowed to contribute to a candidate’s campaign. I will not accept the support of partisan political parties and that’s the choice here,” Kloppenburg says.

So far, Kloppenburg has raised nearly $300,000 for her campaign. It puts her ahead of both Donald who’s raised $250,000 and Bradley, whose campaign chest contains $230,000.

Marti was a reporter with WUWM from 1999 to 2021.
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