Court vote will gauge state's political mood
Photo 
David T. Prosser
Photo
JoAnne Kloppenburg
JANESVILLE — In what is normally a sleepy race, the Wisconsin Supreme Court election has taken center stage in the debate over collective bargaining, public employees and the state budget.
Incumbent Justice David Prosser, 68, a former Republican lawmaker, is seen as part of a conservative majority on the Supreme Court, although he told the Gazette his record shows he is in the center.
Assistant Attorney General JoAnne Kloppenburg, 57, is viewed as someone aligned with the left, but she told the Gazette she would be nonpartisan, independent and impartial.
Republicans in November gained control of the governor's office, Assembly and Senate, but many believe the Supreme Court race will be the first gauge of Wisconsin's political leanings after the collective bargaining bill sparked protests nationwide.
The race is widely perceived as Democrats versus Republicans, the middle class against corporations and liberal labor unions versus fiscal conservatives.
Residents will have the chance Tuesday, April 5, to change the Supreme Court's perceived majority. The election could alter the fate of the collective bargaining bill and impact rulings on recall elections.
The District 4 Court of Appeals decided Thursday it would send to the Supreme Court a lawsuit filed over the collective bargaining law, which would strip most collective bargaining rights from some public employees.
The Supreme Court has not decided whether to take the case. The lawsuit states Republicans violated the open meetings law when passing the bill.
In interviews with the Gazette, both Supreme Court candidates said they would be fair if asked to rule on the lawsuit. They said they have no opinion on collective bargaining because no case is before them.
Exchanging accusations
The Supreme Court race has become hotly contested in recent weeks, with both candidates challenging each other's records and campaign tactics.
Kloppenburg said Prosser's record shows he is biased. She said Prosser's partisanship and politics have no place in courts.
"He does not see his role as independent and impartial. He sees his role as being partisan," Kloppenburg said. "The court should be deciding cases free of the partisan politics."
Prosser said his experience and record on the bench show that he is in the center. He said he has voted with justices perceived to be liberal and has endorsed them.
"The idea that Dave Prosser is just some kind of robotic partisan just cannot be substantiated," he said. "I would ask people to look at my record, not only as a justice, but over all those years, and say, 'Is this guy really doing a remarkably good job over a long period of time, or is this guy a kook or some kind of extremist?'"
Kloppenburg said she has worked for Democrats and Republicans. She said court cases shouldn't be politicized.
"I do not see the court that way, and I don't intend to be a part of any block," Kloppenburg said. "I have kept my political and personal beliefs aside for the 22 years that I have been at the department of justice."
Prosser said Kloppenburg has aligned herself with liberals and has no experience as a judge or in public office. He said Kloppenburg's campaign has put out misinformation and wants to make this election about one issue.
"It is very disturbing that the Kloppenburg campaign is working hand in glove with people who want to stir up emotions and anger, and they forget that we're picking a justice to serve on hundreds and hundreds of cases over the next 10 years," Prosser said.
"If the people of Wisconsin permit this election to be about deciding a specific case before it is ever argued, we will destroy the independence of the judiciary and turn the Wisconsin Supreme Court into another branch of the Legislature," he said.
Bios
David Prosser (I)
Age: 68
City: Madison and Appleton
Job: Wisconsin Supreme Court justice
Education: Bachelor's degree, DePauw University in Indiana; law degree, UW-Madison.
Elected posts: Wisconsin Supreme Court, 1998-present; Wisconsin Assembly, 1979-1996; Outagamie County District Attorney, 1976-1978.
***
JoAnne Kloppenburg
Age: 57
City: Madison
Job: Assistant Wisconsin attorney general
Education: Bachelor's degree, Yale; master's degree, Princeton University; law degree, UW-Madison.
Elected posts: None
Mar 30, 2011 at 1:56 p.m.
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Prosser's hometown paper doesn't think much of either candidate, but chooses to endorse Kloppenburg.
"But here's something else that might have been missed amid Wisconsin's recent political ugliness. In 2006, Prosser said that while he was a legislative leader, staffers who worked under his direction did campaign work. He also acknowledged that in his interview with The P-C on March 18.
Here's a member of the highest court in Wisconsin, whose judges are expected to possess unimpeachable integrity, admitting he condoned illegal activity as an elected official.
Again, it was against the law. You'd think Prosser would acknowledge that, even if he didn't agree. But he told The P-C that "it was a different era and public expectations were quite different."
http://www.postcrescent.com/article/2011...
Mar 29, 2011 at 2:58 p.m.
Mar 29, 2011 at 2:56 p.m.
Mar 29, 2011 at 2:02 p.m.
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BUN BUN
I keep my post clean some people just have thin skin
Mar 29, 2011 at 1:51 p.m.
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Wow! I agree about the pictures. Kloppenburg looks like she just came in from a raging blizzard and Prosser looks like he just detected a foul odor.
Mar 29, 2011 at 1:48 p.m.
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The democrats marched in protest demanding to be heard.
On April 5th the silent majority will march to the polling booth to be heard.
Mar 29, 2011 at 1:17 p.m.
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I am curious BUn Bun why you didnt address his support for citizens united? You like unlimited corporate dollars in politics?
Mar 29, 2011 at 1:15 p.m.
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Of course I will remind you that Bush got into Princeton based on MONEY and not credentials. He also carried LOW GPA at princeton. Do I hold degrees from Princeton and Yale in higher esteem than UW? A school that Mrs. Kloppenburg was a professor? Yes I do!
BTW Kloppenburg has served as an assistant AG under Dems and Repubs so I would feel MUCH more confident in her IMPARTIALITY over Prosser's. Prosser was appointed by Tommy Thompson for his "conservative principles" and has over and over stated his desire for a "conservative court".
For example some of Prosser's own words: "I present myself as a judicial conservative, devoted to the constitution and the rule of law. My job is to find the law and apply it properly, not to make it up to advance some ideological objective."
A judicial conservative? WOW hows that for impartiality!
Mar 29, 2011 at 12:57 p.m.
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"Can not say more or my comment may be remove'd by the staff."
.
Why? can you not post without libeling or threatening someone? Or is it just that your writing skills are limited to innapropriate language?
Mar 29, 2011 at 12:41 p.m.
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...."believe he called Chief Justice Shirley Abrahamson a total B****TCH! Is that the type of professionalism you want?
Personally I think that Ms Kloppenberg has a much more respectable education and career in IMPARTIAL LAW."....
-from what I know of Justice Abrahamson, the insult is to female dogs.
-more respectable degree? both have law degrees from UW Madison. Or are you saying a UW law degree is not as important as having a masters in public affairs from princeton?
who cares where you get an undergrad degree? I seem to recall the fact that GW Bush had an Ivy league degree and that it did not seem to hold much weight with some folks.
Mar 29, 2011 at 11:47 a.m.
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I would also like to point out that Prosser supports "citizens united". That is the supreme court decision that allows multi national corporations the "freedom" to spend UNLIMITED amounts on campaign donations. Is that the kind of political system that you all want? Thats the one that got very untintelligent unprepared people like Ron Johnson , and Scott Walker elected. While some of you are happy with the results you are the same people screaming about "Washington" union dollars fueling things around here. I for one am sick and tired of corporate lobbying , all it does is form opinions of the gullible that vote based on TV commercials, that scares me.
Mar 29, 2011 at 10:07 a.m.
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I didn't disrespect anyone...I just wanted everyone to think about what they are doing durring these elections.
Mar 29, 2011 at 5:47 a.m.
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Kloppenburg get's my vote
Can not say more or my comment may be remove'd by the staff.
Mar 29, 2011 at 1:55 a.m.
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What exactly qualifies prosser over Kloppenberg? He has held more elected positions? I thought you people hated "career politicians". I more see a very partisan individual proven by his history as an elected official.
From what I know of Ms Kloppenberg she seems to have defended MANY cases on both sides, more of an impartial person in my view. I would also point out Prosser's general disrespect for his colleagues, I believe he called Chief Justice Shirley Abrahamson a total B****TCH! Is that the type of professionalism you want?
Personally I think that Ms Kloppenberg has a much more respectable education and career in IMPARTIAL LAW. Commenting on her picture makes you look like simpletons. Jusicial appointments makes the courts MORE political, is that what you all really want?
Sometimes I wonder where the intelligent conservatives are. Bill is the only one with a respectable opinion, why is it that it is par for the course to insult those you disagree with?
Mar 29, 2011 at 12:20 a.m.
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"You have runoff from your farm!" "I am going to sue you, we at the DNR are going to shred you." <cackling laughter heard in the background>
Mar 29, 2011 at 12:18 a.m.
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(This comment was removed by the site staph.)
Mar 29, 2011 at 12:18 a.m.
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"FLY MY PRETTIES!"
Mar 29, 2011 at 12:17 a.m.
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Cruella DeVille anyone?
Mar 28, 2011 at 11:28 p.m.
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Oh...you're too funny, bill.
Isn't it amazing how the view changes when you move from the top to the bottom?
Mar 28, 2011 at 10:27 p.m.
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Yes, billnewbie is presenting a false choice argument.
Mar 28, 2011 at 10:21 p.m.
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How dare you break this down to a vote for or against Walker when, in fact, there are people voting that actualy take their time and make the decisions based on facts as they see it.
Don't trivialize it that way because your person might loose.
Mar 28, 2011 at 9:42 p.m.
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How does the Gazette manage to find the worst possible picture of everybody?
Mar 28, 2011 at 8:50 p.m.
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(This comment was pre-removed by the site staff.)
Mar 28, 2011 at 8:27 p.m.
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"Court vote will gauge state's political mood"--That is, unless Prosser wins re-election! Then, all we'll hear from the whiners will be that the election had absolutely nothing to do with the current governor & legislature.
Mar 28, 2011 at 7:58 p.m.
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The unions would like this election to be a vote of no confidence against the Governor, even though it's suppose to be a non-partisan election. It's a pity that some seem willing to trivialize the importance of the position of Supreme Court Justice to serve a political goal. I guess a vote for Ms. Kloppenburg is a vote against the Governor and that's all some folks care about. Suitability for the job means nothing to them. A symbolic slap in the Governor's face is all they care about in this election. Whether Ms. Kloppenburg or Justice Prosser is best for the job doesn't matter to them.
Until now, I was opposed to appointing Supreme Court Justices, preferring elections instead. But now, with this race being politicized as it has with the politics having nothing to do with these candidates, I have to say I'm much more open to the idea of appointing these justices in the future.
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