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The Badger Herald

Independent Student Newspaper Since 1969

The Badger Herald

Independent Student Newspaper Since 1969

The Badger Herald

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Election sparks new debate over justice selection

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.

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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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