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On the Radar

Nasty Supreme Court campaign comes down to today

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by Associated Press
Tuesday, April 1, 2008

Supreme Court Justice Louis Butler tried to hold onto his seat on the state’s highest court Tuesday despite a barrage of negative ads from both his opponent, Burnett County Circuit Judge Michael Gableman, and outside groups.

Third-party groups spent millions of dollars attacking both Butler and Gableman in an effort to influence the officially nonpartisan election, which was seen as one of the nastiest in state history.

The winner will serve a 10-year term and help decide the outcome of the state’s largest legal issues.

The election was viewed as critical since Butler is generally seen as siding with three other more liberal justices to create a 4-3 majority.

No incumbent justice has been ousted from office since 1967.

Steve Atwell, 50, development director for a Milwaukee-area nonprofit, said the television ads turned him off so much he didn’t vote in the race.

“For me, it was a lot of mudslinging and back and forth, and I didn’t feel informed,” he said.

Robert Wiessinger, a 39-year-old water consultant in Wausau, voted for Gableman in part because the negative campaigning put him in an “anti-incumbent mood.”

“Both sides threw a lot of mud. That’s a place where dirty politics really doesn’t need to be,” Wiessinger said. “It really impedes what I think the judicial process is.”

But Sandy Schumacher, 47, of Sun Prairie, said she voted for Butler because she particularly disliked Gableman’s ads.

“They’re awful. They’re absolutely reprehensible,” she said. “It demeans the integrity of the judicial system.”

———

A Gableman ad drew the most negative attention and a complaint with the Judicial Commission.

The ad misled voters into thinking that Butler was responsible for a sex offender being set free early and committing another rape.

Citizen Action, a liberal interest group, complained to the Judicial Commission alleging that Gableman violated the judicial code of conduct that forbids deliberately misleading statements or actions by judges.

That complaint will be considered later this month and could lead to sanctions against Gableman.

But an ad run on behalf of Butler by the state teachers union was also misleading, claiming Gableman gave lenient sentences to sex offenders while a judge, even though the sentences were stiffer than the prosecutor wanted.

While Butler had the teachers union on his side, Gableman benefited from ads run by the state’s largest business group, Wisconsin Manufacturers & Commerce.

The race was officially nonpartisan, but Democrats and labor groups lined up behind Butler along with 220 judges and groups representing more than 18,000 law enforcement officers. Gableman drew support from Republicans and the majority of the state’s district attorneys and sheriffs.

The chairman of the Republican Party even got into the action, placing automated calls on Gableman’s behalf in the final days of the race.

Appointed in 2004 by Democratic Gov. Jim Doyle, Butler was the first black person on the state Supreme Court. Butler, 56, has 16 years experience as a judge and worked 14 years before that as a public defender.

Gableman, appointed to the circuit court in 2002 by Republican Gov. Scott McCallum, previously worked as a district attorney. Gableman, 41, touted his experience as a prosecutor, arguing that he would care more about victims of crime than Butler does.


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