The Badger Herald

NEWS

Election sparks new debate over justice selection

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Also by Julia Bair:

Doyle pushing for renewable energy (April 1, 2008)
Eau Claire joining smoking ban list (March 27, 2008)
Legislator: Alter justice selection process (March 25, 2008)
Report says 'green is better' for jobs (March 13, 2008)
Nass draws ire for stalling bill (March 10, 2008)

by Julia Bair

Thursday, April 3, 2008

Judge Michael Gableman’s close win for a seat on state Supreme Court drew some to call for changes Wednesday to the system of choosing justices.

Gableman ousted incumbent Justice Louis Butler in a 51 to 49 percent split after a race marked by expensive mudslinging advertisements. Gableman will take office in early August.

“Gableman won a clear and concise election through the message of applying, and not making, law,” said Darren Schmitz, Gableman’s campaign manager.

Schmitz added Gableman is appreciative of support he received from around the state, especially from University of Wisconsin students.

However, Gableman’s win has caused disappointment among many legislators as well as a wave of criticism on the involvement of deep-pocketed special interest groups.

“It is a tragedy that such a fine judge and good human being was trashed during the campaign,” Gov. Jim Doyle said in a statement. “Justice Butler has served with distinction and honor on the Supreme Court, and I thank him for his fairness, his sense of justice, and his lifelong commitment to public service.”

All seven Supreme Court justices have jointly called for campaign finance reforms.

“We cannot continue to see elections like last year’s and this year’s and expect people to maintain their faith in the judicial system,” Butler said in a statement Wednesday. “If we rob the people of their faith in the system, we’ve robbed them of justice.”

Reform of campaign finances would begin at the start of the next legislative session and would likely address the spending of special interest groups.

Rep. Fred Kessler, D-Milwaukee, introduced the idea of merit selection, or government appointment, of Supreme Court justices last week.

Kessler said he has asked Doyle to address this legislation if there is a special legislative session before the next session picks up in January.

Meanwhile, Rep. Mark Pocan, D-Madison, wrote a letter to the Wisconsin Department of Revenue expressing his concern at the large amounts of money spent in the race.

Pocan asked for a close examination of audits for corporations that funded election advertisements, adding that a deduction of these expenses would cheat Wisconsin’s honest taxpayers and businesses.

But Rep. Steve Nass, R-Whitewater, said Pocan’s letter was an attempt at revenge for Butler’s loss.

“The Madison liberals couldn’t convince the voters of Wisconsin to elect a liberal activist justice, so they have decided to use government power to punish their enemies,” Nass said.

Kessler said this was not the case, as his proposal was introduced before the election and will not be changed because of the election’s outcome.

“My intention was that, after two campaigns marked by slash-and-burn advertising, I think we need to do something, regardless of who won,” Kessler said.

Butler’s campaign was supportive of the different ideas on how to improve the campaign financial system and encouraged voters to judge for themselves the effect of special interest ads.

According to Butler’s campaign, Gableman will face various challenges when he starts as a Supreme Court justice in August.

“Butler has taken great pride in consensus building he’s been doing in court,” said Erin Celello, Butler’s spokesperson. “Now you have this new justice who will be walking in after six months of attacking the Supreme Court for being an activist court.”

Schmitz, however, was confident that Gableman would not be plagued by post-election bitterness once he assumes office.

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