Wisconsin Supreme Court
Encyclopedia
The Wisconsin Supreme Court is the highest appellate court
in the state of Wisconsin
. The Supreme Court has jurisdiction
over original actions
, appeals from lower courts, and regulation
or administration
of the practice of law in Wisconsin.
building in Madison
, Wisconsin
. Since 1993, the court has also travelled, once or twice a year, to another part of the state to hear several cases as part of its "Justice on Wheels" program. The purpose of this program is to give the people of Wisconsin a better opportunity to understand the operations of the state supreme court and the court system.
is composed of seven justices who are elected in state-wide, non-partisan elections. Each justice is elected for a ten-year term, and only one justice may be elected in any year. In the event of a vacancy on the court, the governor
has the power to appoint an individual to the vacancy, but that justice must then stand for election in the first year where no other justice's term expires.
The justice with the longest continuous service on the court serves as the chief justice
, unless that justice declines, in which case the role passes to the next senior justice of the court. In such a case, the declining justice continues to serve as a justice on the court.
, was proposed by the Wisconsin Realtors Association and Wisconsin Manufacturers and Commerce
. The vote was 4-3. Voting in favor were Prosser, Gableman, Roggensack, and Ziegler. Voting against were Abrahamson, Crooks, and Bradley. In the opinion of Justice Roggensack, "when a judge is disqualified from participation, the votes of all who voted to elect that judge are cancelled for all issues presented by that case. Accordingly, recusal rules, such as SCR 60.04(7), must be narrowly tailored to meet a compelling state interest." In a dissenting opinion, Justice Ann Walsh Bradley criticized the majority’s decision, calling it “a dramatic change to our judicial code of ethics” and took issue with the majority’s decision to adopt petitions “proposed by special interest groups.” http://www.wisciviljusticecouncil.org/key-issues/legislative-report-special-legislative-committee-studies-judicial-discipline-and-recusal/
Choking Incident
On June 13, 2011, an alleged violent confrontation between recently re-elected Justice David Prosser, Jr.
and Ann Walsh Bradley
occurred in Bradley's chambers. Prosser, Bradley, and all other justices besides N. Patrick Crooks
were informally discussing the next day decision that would overturn Judge Sumi's ruling blocking the collective bargaining
law. According to one source, the discussion became heated after Bradley, upset by Prosser's comments questioning the leadership of Chief Justice Shirley Abrahamson
, asked Prosser to leave her office; in this account, Prosser allegedly then put his hands around Bradley's throat in what was described as a choke hold, but did not apply pressure. Other sources however say that Justice Bradley came charging at Prosser "with fists raised," that he then put up his hands in a defensive attempt to block her assault, and that in doing so, he made contact with her neck. Shortly after the incident, Bradley told the other Justices in the room she had been choked by Prosser, to which an unknown Justice replied, "You were not choked." Capitol Police Chief Charles Tubbs was notified of the incident shortly after and he met with the entire Supreme Court.
On June 25, nearly two weeks after the incident, Wisconsin Public Radio and the Wisconsin Center for Investigative Journalism broke the news of the incident based on anonymous sources. http://www.wisconsinwatch.org/2011/06/25/prosser-allegedly-grabbed-fellow-justice-by-the-neck/ Justice Prosser denied he choked Bradley saying "Once there's a proper review of the matter and the facts surrounding it are made clear, the anonymous claims made to the media will be proven false." However, Justice Bradley disputed Prosser's denial: "The facts are that I was demanding that he get out of my office and he put his hands around my neck in anger in a chokehold."
The incident was investigated by the Dane County Sheriff's Office, but neither Prosser nor Bradley were charged by a special prosecutor. http://www.jsonline.com/news/statepolitics/128389748.html The incident is also being investigated by the Wisconsin Judicial Commission, which investigates misconduct among judges in the state. http://www.jsonline.com/news/statepolitics/128606753.html
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
in the state of Wisconsin
Wisconsin
Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...
. The Supreme Court has jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
over original actions
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
, appeals from lower courts, and regulation
Regulation
Regulation is administrative legislation that constitutes or constrains rights and allocates responsibilities. It can be distinguished from primary legislation on the one hand and judge-made law on the other...
or administration
Public administration
Public Administration houses the implementation of government policy and an academic discipline that studies this implementation and that prepares civil servants for this work. As a "field of inquiry with a diverse scope" its "fundamental goal.....
of the practice of law in Wisconsin.
Location
The Wisconsin Supreme Court normally sits in its main hearing room in the East Wing of the Wisconsin State CapitolWisconsin State Capitol
The Wisconsin State Capitol, in Madison, Wisconsin, houses both chambers of the Wisconsin legislature along with the Wisconsin Supreme Court and the Office of the Governor. Completed during 1917, the building is the fifth to serve as the Wisconsin capitol since the first territorial legislature...
building in Madison
Madison, Wisconsin
Madison is the capital of the U.S. state of Wisconsin and the county seat of Dane County. It is also home to the University of Wisconsin–Madison....
, Wisconsin
Wisconsin
Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...
. Since 1993, the court has also travelled, once or twice a year, to another part of the state to hear several cases as part of its "Justice on Wheels" program. The purpose of this program is to give the people of Wisconsin a better opportunity to understand the operations of the state supreme court and the court system.
Justices
The courtCourt
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
is composed of seven justices who are elected in state-wide, non-partisan elections. Each justice is elected for a ten-year term, and only one justice may be elected in any year. In the event of a vacancy on the court, the governor
Governor of Wisconsin
The Governor of Wisconsin is the highest executive authority in the government of the U.S. state of Wisconsin. The position was first filled by Nelson Dewey on June 7, 1848, the year Wisconsin became a state...
has the power to appoint an individual to the vacancy, but that justice must then stand for election in the first year where no other justice's term expires.
The justice with the longest continuous service on the court serves as the chief justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
, unless that justice declines, in which case the role passes to the next senior justice of the court. In such a case, the declining justice continues to serve as a justice on the court.
Current justices
| Name | First elected | Term expires |
|---|---|---|
| Shirley Abrahamson Shirley Abrahamson Shirley S. Abrahamson is the Chief Justice of the Wisconsin Supreme Court. She was appointed to the court in 1976 by Governor of Wisconsin Patrick Lucey. Upon her appointment she was the first woman to serve on Wisconsin's high court. She served as the only woman on the court from 1976 until 1993... |
Appointed by Gov. Lucey, 1976 | July 31, 2019 |
| Ann Walsh Bradley Ann Walsh Bradley Ann Walsh Bradley is a justice on the Wisconsin Supreme Court. She was elected to the Supreme Court in 1995.Justice Bradley was born in Richland Center, Wisconsin. She earned her bachelor's degree from Webster University in St. Louis... |
1995 | July 31, 2015 |
| N. Patrick Crooks N. Patrick Crooks Justice N. Patrick Crooks is a justice on the Wisconsin Supreme Court. Justice Crooks was elected to the Supreme Court in 1996 and re-elected in 2006.... |
1996 | July 31, 2016 |
| David T. Prosser, Jr. | Appointed by Gov. Thompson Tommy Thompson Thomas George "Tommy" Thompson , a United States Republican politician, was the 42nd Governor of Wisconsin, after which he served as U.S. Secretary of Health and Human Services. Thompson was a candidate for the 2008 U.S. Presidential Election, but dropped out early after a poor performance in polls... , 1998 |
July 31, 2021 |
| Patience Roggensack | 2003 | July 31, 2013 |
| Annette Ziegler Annette Ziegler Annette K. Ziegler is an American attorney and judge. She is currently a justice on the Wisconsin Supreme Court.Ziegler received a Bachelor of Arts degree in Business Administration and Psychology from Hope College, and a law degree from Marquette University Law School... |
2007 | July 31, 2017 |
| Michael Gableman Michael Gableman Michael J. Gableman is a justice of the Wisconsin Supreme Court. His term began on August 1, 2008 and ends on July 31, 2018.- Biography :Justice Gableman was born in West Allis and raised in Waukesha County. He is a graduate of New Berlin West High School and Ripon College , where he earned a... |
2008 | July 31, 2018 |
Controversy
The Court has ruled that recusal is not required in a proceeding based solely on any endorsement or receipt of a lawful campaign contribution from a party or entity involved in the proceeding, and that a judge does not need to seek recusal where it would be based solely on a party in the case sponsoring an independent expenditure or issue advocacy communication in favor of the judge. This change, over an alternate by the League of Women VotersLeague of Women Voters
The League of Women Voters is an American political organization founded in 1920 by Carrie Chapman Catt during the last meeting of the National American Woman Suffrage Association approximately six months before the Nineteenth Amendment to the United States Constitution gave women the right to vote...
, was proposed by the Wisconsin Realtors Association and Wisconsin Manufacturers and Commerce
Wisconsin Manufacturers and Commerce
Wisconsin Manufacturers and Commerce is an association of manufacturers, service businesses and chambers of commerce located in Madison, Wisconsin. WMC was formed from what was the Wisconsin State Chamber of Commerce, the Wisconsin Manufacturers Association and the Wisconsin Council of Safety in...
. The vote was 4-3. Voting in favor were Prosser, Gableman, Roggensack, and Ziegler. Voting against were Abrahamson, Crooks, and Bradley. In the opinion of Justice Roggensack, "when a judge is disqualified from participation, the votes of all who voted to elect that judge are cancelled for all issues presented by that case. Accordingly, recusal rules, such as SCR 60.04(7), must be narrowly tailored to meet a compelling state interest." In a dissenting opinion, Justice Ann Walsh Bradley criticized the majority’s decision, calling it “a dramatic change to our judicial code of ethics” and took issue with the majority’s decision to adopt petitions “proposed by special interest groups.” http://www.wisciviljusticecouncil.org/key-issues/legislative-report-special-legislative-committee-studies-judicial-discipline-and-recusal/
Choking Incident
On June 13, 2011, an alleged violent confrontation between recently re-elected Justice David Prosser, Jr.
David Prosser, Jr.
David T. Prosser Jr. is a member of the Wisconsin Supreme Court. A former Republican speaker of the Wisconsin Assembly, Prosser was appointed to the court by Governor Tommy Thompson in 1998, and was elected to his first 10-year term without opposition in 2001...
and Ann Walsh Bradley
Ann Walsh Bradley
Ann Walsh Bradley is a justice on the Wisconsin Supreme Court. She was elected to the Supreme Court in 1995.Justice Bradley was born in Richland Center, Wisconsin. She earned her bachelor's degree from Webster University in St. Louis...
occurred in Bradley's chambers. Prosser, Bradley, and all other justices besides N. Patrick Crooks
N. Patrick Crooks
Justice N. Patrick Crooks is a justice on the Wisconsin Supreme Court. Justice Crooks was elected to the Supreme Court in 1996 and re-elected in 2006....
were informally discussing the next day decision that would overturn Judge Sumi's ruling blocking the collective bargaining
Collective bargaining
Collective bargaining is a process of negotiations between employers and the representatives of a unit of employees aimed at reaching agreements that regulate working conditions...
law. According to one source, the discussion became heated after Bradley, upset by Prosser's comments questioning the leadership of Chief Justice Shirley Abrahamson
Shirley Abrahamson
Shirley S. Abrahamson is the Chief Justice of the Wisconsin Supreme Court. She was appointed to the court in 1976 by Governor of Wisconsin Patrick Lucey. Upon her appointment she was the first woman to serve on Wisconsin's high court. She served as the only woman on the court from 1976 until 1993...
, asked Prosser to leave her office; in this account, Prosser allegedly then put his hands around Bradley's throat in what was described as a choke hold, but did not apply pressure. Other sources however say that Justice Bradley came charging at Prosser "with fists raised," that he then put up his hands in a defensive attempt to block her assault, and that in doing so, he made contact with her neck. Shortly after the incident, Bradley told the other Justices in the room she had been choked by Prosser, to which an unknown Justice replied, "You were not choked." Capitol Police Chief Charles Tubbs was notified of the incident shortly after and he met with the entire Supreme Court.
On June 25, nearly two weeks after the incident, Wisconsin Public Radio and the Wisconsin Center for Investigative Journalism broke the news of the incident based on anonymous sources. http://www.wisconsinwatch.org/2011/06/25/prosser-allegedly-grabbed-fellow-justice-by-the-neck/ Justice Prosser denied he choked Bradley saying "Once there's a proper review of the matter and the facts surrounding it are made clear, the anonymous claims made to the media will be proven false." However, Justice Bradley disputed Prosser's denial: "The facts are that I was demanding that he get out of my office and he put his hands around my neck in anger in a chokehold."
The incident was investigated by the Dane County Sheriff's Office, but neither Prosser nor Bradley were charged by a special prosecutor. http://www.jsonline.com/news/statepolitics/128389748.html The incident is also being investigated by the Wisconsin Judicial Commission, which investigates misconduct among judges in the state. http://www.jsonline.com/news/statepolitics/128606753.html
External links
- Wisconsin Supreme Court
- Supreme Court opinions: 1995–present
- Oral arguments: 1997–present
- Internal Operating Procedures of the Supreme Court