GOVERNMENT AFFAIRS
Wisconsin Supreme Court Election Three candidates running for state Supreme Court met for the first public forum of the campaign recently. This was the first opportunity to remind Wisconsin voters that on April 2, 2020, they will be asked to choose a candidate to serve as justice to the highest state appellate court for a full 10-year term. This year’s spring court election is the least talked about election happening in 2020. This important, yet low profile statewide race, is overshadowed by much higher profile federal and state legislative elections. Residents are being asked to vote in a spring, nonpartisan primary on February 18th, a spring nonpartisan election and presidential preference primary on April 7th, a partisan primary on August 11th and a Presidential and general election on November 3rd. These regularly scheduled elections do not include a special election taking place in northern Wisconsin to fill the seat that was vacated by Sean Duffy in the 7th congressional district. In that race, Governor Evers has called a special primary election on February 18th and a special general on May 12th. Even more redundant is that the winner will then need to quickly return to the campaign trail and run again in the fall general election. The three Supreme Court candidates running are: Dane County Circuit Court Judge Jill Karofsky, Marquette University Law School professor Ed Fallone, and incumbent Justice Daniel Kelly. Kelly was appointed to the Supreme Court in 2016 by then Governor Scott Walker. Kelly’s previous experience includes working in private practice, as vice president and general counsel for the Kern Family Foundation, and as a law clerk at the Wisconsin Court of Appeals. Kelly is also a former president of the Milwaukee chapter of the Federalist Society. Dane County Judge Jill Karofsky announced her campaign in May of this year. Karofsky is a former deputy district attorney for Dane County and was previously the executive 24
FEBRUARY 2020
wisconsin INDEPENDENT AGENT
director of the state Department of Justice Office of Crime Services. She was elected to the Dane County Circuit Court in 2017. Marquette University Law School Professor, Ed Fallone, announced his campaign in March. Fallone previously ran against and lost to Chief Justice Roggensack in 2013. At the public forum, candidates discussed their judicial philosophy. Fallone rejected broad judicial theories in general, arguing that “the law can’t be reduced to abstract principles.” Kelly said his judicial philosophy centers around the Constitution and the limited authority of the judicial branch, highlighting his use of rigorous logic to come to judicial conclusions. Karofsky touted her experience in the courtroom every day as a circuit court judge and said her judicial philosophy is treating everyone fairly and respectfully in the courtroom. The candidates also discussed recusal rules, when justices should overrule precedent, individual rights at the state and federal level, impartiality, and how public opinion should influence judicial decision making. Statewide voters will be asked to narrow the field from three to two candidates in the primary on February 18th. After the spring election in April, the next Supreme Court election will not be until Chief Justice Patience Roggensack is up for re-election in 2023. The Wisconsin Supreme Court currently sits at a 5-2 conservative majority. Please remember to get out and vote in all of the elections taking place in 2020.
> Misha Lee IIAW Lobbyist
