Marquette Law Review Volume 87 Article 4 Issue 2 Winter 2003 Voting and Electoral Politics in the Wisconsin Supreme Court Jason J. Czarnezki Follow this and additional works at: http://scholarship.law.marquette.edu/mulr Part of the Law Commons Repository Citation Jason J. Czarnezki, Voting and Electoral Politics in the Wisconsin Supreme Court, 87 Marq. L. Rev. (2003). Available at: http://scholarship.law.marquette.edu/mulr/vol87/iss2/4 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact
[email protected]. VOTING AND ELECTORAL POLITICS IN THE WISCONSIN SUPREME COURT JASON J. CZARNEZKI* Is there any such reason for submitting the claims of two candidates for a judgeship to a popular vote? Do we expect or desire that our votes should influence the decisions of a judge? -From the City of Madison's Wisconsin Argus, May 4, 1847.' I. INTRODUCTION In determining the selection method for state supreme court justices, states may attempt to balance the conflicting ideals of judicial independence and accountability.2 The debate over which judicial selection process best achieves this balance continuously has been waged.3 Unlike the federal process, which in order to maximize judicial independence contains no electoral mechanisms, the Wisconsin Constitution requires its judiciary to compete for citizen support in nonpartisan elections.4 Do these elections undermine judicial independence by affecting the ways justices vote within their institution?5 This very question was asked during the Wisconsin's founding 150 years ago, but lingers today without an answer.6 The answer, * Judicial Clerk, United States District Court (D.