A SERVICE OF THE WISCONSIN TAXPAYERS ALLIANCE TheThe WWisconsinisconsin TTaaxxppaayyerer Mural at Wisconsin Supreme Court. Photo credit: Amanda Todd. In Their Words: Wisconsin Supreme Court Candidates Wisconsin voters face important decisions on April 5. THE SUPREME COURT They will elect local officials and also a new supreme court The Wisconsin Constitution originally divided the state justice to serve until 2021. There were also contested into five judicial districts. Once annually, each district’s supreme court races in 2007, 2008, and 2009. This year’s chief judge traveled to Madison, and the five judges would contest is between Justice David Prosser, who has served sit as the supreme court. Often, the judges would rule on on the supreme court since his appointment in 1998, and cases they previously presided over. state Assistant Attorney General JoAnne Kloppenburg. The Since 1903, the Wisconsin Supreme Court has com- candidates were the top vote-getters in a four-person Feb- prised seven justices—the chief justice and six associate ruary primary. justices. Justice Shirley Abrahamson currently serves as In an effort to help citizens learn more about the can- chief justice, as she is the court’s longest-serving member didates and make an informed decision, the Wisconsin Tax- (see Table 1). payers Alliance sent both candidates a questionnaire asking The supreme court is the state’s highest court, mean- about their background, experience, and judicial philoso- ing that for state issues, the court’s ruling is final. The phy. Their answers, unedited, are published in this issue court receives cases from lower courts, though it also hears of The Wisconsin Taxpayer. original actions. The majority of cases, however, are heard on appeal. In recent years, the court has been closely divided on many important issues, including tribal gaming, school finance, medical malpractice, product liability, and Also in this issue: criminal rights. Property Assessment & Appeals • Below-Average In addition to ruling on cases, the Wisconsin Supreme County Tax Increase • Venture Capital Investment Court also administers the state judicial system. The court Up • Average Hourly Earnings appoints the director of state courts and directs the Board of Bar Examiners, which regulates lawyers in the state. wiswistax March 2011 Vol. 79 No. 3 Table 1: of Appeals. Fifty-one petitions were granted, with 192 Wisconsin Supreme Court Justice Profile pending at the end of the term. Tenure Term During the 2009-10 session, the Wisconsin Supreme Justice Began Ends Residence* Court issued opinions resolving 103 cases, according to Shirley S. Abrahamson 1976 2019 Madison the clerk’s office. Forty of those cases dealt with civil Ann Walsh Bradley 1995 2015 Wausau matters, while 39 involved attorney discipline. Criminal N. Patrick Crooks 1996 2016 Green Bay cases accounted for less than one-quarter of opinions is- David T. Prosser 1998 2011 Appleton sued by the court. Figure 1 shows a breakdown of cases Patience D. Roggensack 2003 2013 Madison decided by the court in the 2008-09 and 2009-10 sessions. Annette Kingsland Ziegler 2007 2017 West Bend CAMPAIGN FINANCE Michael J. Gableman 2008 2018 Webster The 2011 supreme court campaign differs from prior *At time of first election or appointment. years in that public financing is now available for candi- dates. Because of a law passed by the state legislature in 2009, supreme court candidates opting for public financ- Selection Method ing are provided $100,000 in the spring primary and In Wisconsin, justices are elected for 10 years in non- $300,000 in the general election. Those amounts could be partisan spring elections. However, the governor appoints as high as $300,000 in the primary and $900,000 in the a justice if there is a mid-term opening. The appointee serves general, depending on the level of independent expendi- until the first available spring election. Because only one tures. justice can be elected in any one year, an appointment can sometimes last for multiple years. For example, Governor The 2009 law also made changes to candidate contri- Doyle appointed Louis Butler in 2004. Because the seats bution limits. Prior to this year, individuals could contrib- of other justices were up for reelection in 2005, 2006, and ute a maximum of $10,000 to a supreme court candidate 2007, Butler could not stand for election until 2008. Of and $8,625 to a committee making a contribution to a can- the 75 justices since 1853, 45 (60%) were initially ap- didate. The new law reduced the maximum contribution pointed rather than elected. amounts to $1,000. Both Prosser and Kloppenburg re- ceived public financing in the primary and general elec- Fourteen states select justices through nonpartisan elec- tions. tions, though other methods include partisan elections, gubernatorial appointments, and professional committees. DATA SOURCES: Some states also give justices lifetime appointments—simi- American Bar Association; National Conference of State Legislatures; lar to the U.S. Supreme Court—while others require them Wisconsin Legislative Reference Bureau; Wisconsin Supreme Court. to run in uncontested retention elections. In retention elec- tions, justices must receive support from a majority of voters. The Wisconsin Taxpayer Session Review March 2011 Vol. 79 No. 3 The court received 717 petitions of review in 2009- Publication Number USPS 688-800 10, asking that the court review the decision of the Court Periodical postage paid at Madison, Wisconsin Subscription Price: Figure 1: One Year, $17.97; Three Years, $36.97 Published each month, except July, by the Wisconsin Taxpayers Alliance, Opinions Issued by the Wisconsin Supreme Court 401 North Lawn Avenue, Madison, Wisconsin 53704-5033 Opinions by Term and Area, 2008-09 and 2009-10 43 Postmaster: 39 40 Send address changes to The Wisconsin Taxpayer, 40 401 North Lawn Avenue, Madison, Wisconsin 53704-5033 phone: 608.241.9789 fax: 608.241.5807 e-mail: [email protected] website: www.wistax.org 23 23 21 Officers and Board of Directors: 20 Carol Ward Knox, Chair, Jefferson; J.R. Riordan, Vice-Chair, Madison; Jere D. McGaffey, Secretary-Treasurer, Milwaukee J.L. Adams, Beloit; M.D. Bugher, Madison; C.D. Fortner, Milwaukee; 0 1 S.D. Loehr, La Crosse; J.D. Quick, Manitowoc; D.R. Schuh, Stevens Point; 0 M.D. Simmer, Green Bay; T.L. Spero, Milwaukee; J.B. Williams, Milwaukee Attorney Judicial Civil Cases Criminal Cases Staff: Discipline Discipline Todd A. Berry, President; Kyle Christianson, Research Analyst; Dale J. Knapp, Research Director; Sandra Mumm, Business Manager; Kelly 2008-09 2009-10 Pfeifer; Susan Ryan; Sharon Schmeling, Communications Director Page 2 The Wisconsin Taxpayer JoAnne David Kloppenburg Prosser Professional experience Professional experience I am a litigator and prosecu- Early on, I set my sights on “My legal tor at the Department of Jus- a career in public service. background is tice (1989-Present) having served under My career evolved as follows: law school broad and deep Attorneys General from both parties. My lecturer; staff attorney, Office of Criminal and includes legal background is broad and deep and in- Justice, United States Department of Jus- constitutional, cludes constitutional, appellate, civil, envi- tice; administrative assistant to Congress- appellate, civil, ronmental, administrative, and criminal law. man; private attorney; elected district environmental, I’ve extensive courtroom experience in Cir- attorney, 1977-78; representative, Wiscon- administrative, cuit Court, Appeals Court and Supreme sin Assembly, 1979-96; Assembly Speaker and criminal Court. I was a law clerk for Chief Judge 1995-96; Wisconsin Tax Appeals Commis- law.” Barbara Crabb, and interned for Chief Jus- sioner 1997-98; Justice, Wisconsin Supreme tice Shirley Abrahamson. I’ve taught at the Court 1998-Current. No other candidate — JoAnne UW Law School since 1990. has this breadth of experience or been a Kloppenburg judge. Awards and distinctions Awards and distinctions n Graduated with honors from UW Law n Received major awards as a legislator School from American Medical Association, n University Award for scholarship and Wisconsin Independent Business service Association, National Federation of Small Business, Wisconsin Farm n Order of the Coif Bureau, Wisconsin American Legion, n Graduated with honors from Yale Wisconsin Counties Association, University (1974) Wisconsin Chiefs of Police, “Early on, I set Wisconsin Court Reporters my sights on a Memberships Association, Wisconsin Council career in public n Regent Neighborhood Association on Welfare Fraud service.” n Legal Association of Women n Appleton West High School Hall of Fame — David n Wisconsin State Attorneys Association (2005) Prosser n Dane County Bar n John W. Forster Vision Award, n Wisconsin State Bar Friends of the Fox (2009) n Who’s Who in America n Three commencement addresses at UW campuses Memberships n Wisconsin Bar Association n Milwaukee Bar Association n Outagamie County Bar Association n National Conference of Commissioners on Uniform State Laws (1982-1996, 2005-07) n James E. Doyle Inn of Court, Madison March 2011 Vol. 79 No. 3 Page 3 Why are you running for the Wisconsin lies whose lives are affected by the actions Supreme Court? judges take and the decisions judges make. The Prosser: After serving 18 years in the leg- effect of the law on people’s lives is profound islature, rising to the position of Assembly and powerful. American democracy is, in many Speaker, I determined that it was time to move ways, built upon our willingness to accept the on. Some of my friends thought I had the tem- decisions our courts reach as lawful, whether “My perament and scholarship to become a judge; we agree with those decisions or not. background, and when Justice Janine Geske resigned from That is why it is imperative Wisconsin resi- experience, and the Supreme Court, these friends urged me to dents have confidence in the judiciary as inde- perspective are apply to Governor Tommy Thompson for an pendent decision makers, not beholden to special different from appointment.