JoAnne Kloppenburg Runs Facts-and-Law Campaign

By Michael Leon

I took some flak here for criticizing both Louis Butler Jr. and Justice Michael Gableman, 2008 candidates for the Wisconsin Supreme Court.

Butler—now a blocked nominee for federal judgeship with no outraged GOP cries of "up-or-down-floor vote"—and Justice Gableman both disgraced the judicial office they sought to hold, I asserted.

'Don’t worry about the result; just tell me what the law is.’

Such a directive ought to be the mission, objective and goal of every justice of the state’s top appellate court, the Wisconsin Supreme Court. ...

If one were to ask candidates for the Wisconsin Supreme Court in 2008 their commitment to the above principle, one can expect a declaration of absolute fidelity, right? ... [Y]ou would not deduce the presence of this judicial ethos from the campaigns of the two leading candidates for the [Supreme Court], Louis Butler and Judge Michael Gableman. (February 5, 2008)

Since 2008, we have seen two candidates for Wisconsin's high court who dared to edify the electorate in the function of the state's top appellate judicial body—stressing the imperative to be impartial, and avoiding political demagoguery.

These two jurists honor the bench: Chief Justice Shirley Abrahamson and Assistant Attorney General JoAnne Kloppenburg, now a candidate for the Wisconsin Supreme Court.

Abrahamson ran a facts-and-law campaign and won reelection decisively in 2009.

This election, we also have one candidate running a facts-and-law campaign: Assistant Attorney General JoAnne Kloppenburg.

Kloppenburg opponent, Justice David Prosser, on the other hand, goes out of his way to declare his bias towards specific communities of interest and certain classes of litigants, as well as fidelity to his political party, a committment Prosser unconvincingly goes on to deny when called on this corrupt stance in office.

From Kloppenburg:

In two weeks, Wisconsin voters will elect a Supreme Court Justice.

You and I share the belief that Justices must be independent, impartial and committed to deciding each case on the facts and the law.

That is the kind of Justice I will be.

Independence, impartiality and committment to facts and the law.

That's refreshing. And in the face of an often lawless Scott Walker administration, committment to facts and the law is imperative to preserve the state of Wisconsin as a functioning democratic entity.

Butler Defeat and Lessons Learned

Despite winning by large margins in Wisconsin's two most populous counties, Dane and Milwaukee Counties, Louis Butler lost a narrow race to to a contemptible politician who will remembered in the same muck as Joe McCarthy, Bob Kasten, and Annette Ziegler.

Lessons learned:

- Never let WMC get on the air first

- Speak clearly about what the campaign is about, as in a narrow, corrupt band of liars seeking power versus the rule of law

- Educate the public about the role of the office; it's an appellate court demanding impartiality

- Faced with money and lies, the Democrats need to sound an all hands and get public support from every Democratic official. I only heard from Herb Kohl this election.

Butler a Likely Victor over Gableman - Now a Dead Heat

10:05 - Virtual tie with 54 percent in; this will go down to the wire. Live Wisconsin Supreme Court Results.

9:52 - Supreme Court
REPORTING, 45%

Mike Gableman
213,825
51%

Louis Butler (inc)
209,060
49%

9:45 - Butler and Gableman tied. Thirty-six percent in.

Update VII (9:26): Anecdotal reports from Milwaukee are that Butler will win; even conservative commentator Charlie Sykes agrees. It will take another two hours or so for Madison and Milwaukee to report in.

Update VI (8:09): Polls have closed. In our local polling place, Louis Butler has three times the number of votes as Michael Gableman (337 to 137). And Matt Veldran, the liberal in a local Dane County board race has a healthy margin over right-wing Dave Glomp (247 to 193). Veldran wins big.

Update V (3:53): WiscPolitics reports: "In the Republican stronghold of Waukesha, 'the poll workers are waiting for people to show up,' according to deputy clerk Marie Bieber. Waukesha is a populous county that usually gives Republicans an edge near the edge Dane County gives Democrats.

Update IV (2:31): The consensus among a representative group of liberal attorneys in Milwaukee is: "... Bulter will win b/c Gableman was just so outrageous with his malicious attacks."

Update III (2:26): WiscPolitics reports Madison and Milwaukee turning out as expected (pointing to slightly higher-than-the-state-at-large). However, in Madison, most of student turnout typically comes after 3:00 local time, with students sneaking in to vote after and in between classes. Bottom line, Dane and Milwaukee will lead the state in turnout, and Dane and Milwaukee will go heavily for Butler.

Update III (2:07): In Milwaukee, Pedro Colon's (running for City Atty) people hit the high-turnout wards big. His opponent, incumbent Grant Langley, is also a Democrat (a do-nothing Democrat), but the campaigns will help turnout for Butler.

Update II (1:57): Conversation with Dane County Clerk's office just now points to a higher-than-statewide turnout, but not significantly higher. Nothing like the Obama-Hillary February 19 primary turnout.

Update: A ward in Middleton, WI in Dane County reports brisk turn-out at 8:00, an hour after polls opened. Middleton is a largely affluent, professional bedroom community next to Madison. There is a targeted County Board race in Middleton today.

With only some 20 percent of the Wisconsin electorate likely to go the polls, high turn-out Dane (Madison) County and populous Milwaukee County can be expected to leave a big footprint in statewide election results.

That spells trouble for the Republicans in the state Supreme Court race.

The Wisconsin Manufacturers and Commerce (WMC)-anointed empty suit, Michael Gableman, will likely be clobbered because of his despicable racist campaign that has revealed Gableman as lacking the intelligence, even a pedestrian comprehension of the role of the state's highest appellate court, and the ethics to sit on the Court as an impartial judge.

Even Wigderson's Library & Pub, a rightwing blog in Waukesha, predicts a Butler win of 55%-45%.

The fetid politics of cynicism are on the run.

Vote Butler over Gableman, Gableman Unfit for Office

Very little needs to be added to commentary on the campaign of Supreme Court candidate Michael Gableman who is a disgrace to an entire branch of government.

Justice Louis Butler's campaign sent out an e-mail this morning to attorneys across the state that sums up well why Gableman will be defeated tomorrow. It is published below:

Dear Friends:

As you probably already know, the Milwaukee and Waukesha County Bar Associations have done polls related to the qualifications of the various candidates for Wisconsin Supreme Court.

The election is this Tuesday, April 1.

Nine out of 10 of those who expressed an opinion in Milwaukee said that Justice Louis Butler was qualified. Only about a third said the same about his opponent, Michael Gableman.

In Waukesha, over 80% of those expressing an opinion said that Justice Butler was qualified.Barely half said the same about his opponent. His opponent's campaign is claiming that these results are skewed because Mr.Gableman currently serves as a judge far away from Milwaukee in Burnett County, a small, rural jurisdiction in the far northwest corner of the state.

But Gableman was born in Milwaukee County, grew up in Waukesha County, and spent time teaching in Milwaukee before working as a lawyer - something he never hesitates to point out when telling his personal story.

Despite Gableman's roots in Milwaukee, those who practice the law in Southeastern Wisconsin overwhelmingly say that Justice Louis Butler is much more qualified for the high court than his opponent. We need a Justice who meets the basic qualifications of the role of a Supreme Court Justice -understanding the law, acting with integrity, having significant appellate experience and upholding the dignity of the seat he seeks.

Justice Louis Butler has run a positive campaign, decrying ALL of the third-party ads, including those which purport to support him. In contrast, here is what are people saying about his opponent's first campaign ad:

* "'For God sakes, that's terrible,' said Janine Geske, who was a justice in the 1990s and is neutral in the race. 'This ad is awful on so many levels, from misportraying the role of the Supreme Court, misportraying the role of the public defender, appealing to the fear of citizens. We're sinking to new lows.'"1

* "His opponent's commercial is the most intentionally misleading commercial I have ever seen in Wisconsin politics," said Milwaukee Mayor Tom Barrett. 2

* U.S. Rep. Ron Kind (D-Wis.), a former prosecutor, echoed those sentiments and decried "the dishonesty that is being perpetuated through these ads." 2

* Conservative Milwaukee radio talk-show host Charlie Sykes called the ad "misleading," and "dumb." He said he had to "throw a flag on our own team" and that the ad "debases the debate." 3

* A group of more than 35 Court of Appeals and Circuit Court judges said, "Judge Gableman's unbecoming tactics not only bring shame upon him, they taint all judges and justices." 4

* Jim Palmer of the Wisconsin Professional Police Association, said, "In deliberately misleading viewers and distorting the truth, the Gableman ad strikes a new low in Wisconsin politics....[it] represents everything that is bad about electoral politics and negative campaign tactics." 5

* The Wisconsin Judicial Campaign Integrity Committee said, "this disgraceful and deliberately misleading ad is a gross violation of the pledge Judge Gableman made Wisconsin voters to 'refrain from personal negative attacks.'"They went on to say, "we believe Judge Gableman is deliberately misrepresenting the facts regarding this case and Justice Butler's role in it, and it appears Judge Gableman is doing so either knowingly or with reckless disregard for the truth or falsity of his campaign statements."6

* Finally, (though) Gableman has touted his endorsements from elected District Attorneys (he has 36 and Butler has 20), the Republican DA from Dodge County, Steven Bauer, rescinded his endorsement and said, "This crossed the line. It was revolting, quite frankly." Bauer said the ad "undermines the entire judicial system" and that "the integrity of the criminal justice system should not be allowed to be tarnished by one man's ambitious desire for higher office." In a public letter, Bauer said that "Judge Gableman is unfit for the Supreme Court," and that he was "troubled by Gableman's cavalier disregard for accuracy." 7, 8

The choice is clear.

[Wisconsin Newspaper Endorsements]

Appleton Post Crescent [http://rs6.net/tn.jsp?e=001ZDcb5LKjpgLohQTHvq6maWbcBm6S60pPsP4iItMLeB5PZbT1JQO-9JdBCizkieeyrUHdGvc4Gd99dSYdiXyXxvVCua_ECtNWOzz0G6xN5xTBvCn5FQtMJNgd51rPLSk33YeUqJmHvTP8-m6mYhFdqa4ZHD6ien9UC3AoIro8f7QMpV2LfpHPVrMbB3sFSynO1RhdVRYRImhfYEb7gCkpKUEYKmlV-o8dQ-53hIhQ4Do=],

GreenBay Press Gazette [http://rs6.net/tn.jsp?e=001ZDcb5LKjpgLZ1-qTFfPkph0QMUKYpnAOJmD5mbD_1GldufHCGpLkEUGpUwavEKAVTXUq53lscC4mk2aussSfsF2ZlmWr6_spw8risFRuvENUxq2kt2SdFCctjEzCqh0KeaVstUAimvolzF6CPLmi_8PEmoQJ1tQayfJaMEIzfWDLVRsbI0UgZiBJObeuidnhEuoh3ATFA-pD41KejMIbGnBYHQtFhttb],

LaCrosse Tribune [http://rs6.net/tn.jsp?e=001ZDcb5LKjpgJj-1xwqRINRbqLGD0GtscLsaAlz7-1VDAWUa00I2pFk-tiMkQRhR85DV4_ZfKNmbsllXMJUZMCqapeklOHiNV79duZwQ9a2l1OzzYapJ9QFvtnZsyHGLTbT-iBGtthZJoUUTLmvuRL7CD8NicsQvadf1iZuR5bghTWKPnihk9GTIaPjNK3y8dgVVmyfkrqdrI2OPknHmg3PA==],

Capital Times [http://rs6.net/tn.jsp?e=001ZDcb5LKjpgLlvyzeJ9J2llQHCLGc6_1niKQi0_sswyuBJZVGiPkArsraia47zPEg4WMbPa6lGzRosztrYirNrCU4thZvH83LP3Nu4b6W9Y_M8AKExByJ5YDBPYXpfrhk47nfOq7M5D8=],

Manitowoc Herald Times Reporter [http://rs6.net/tn.jsp?e=001ZDcb5LKjpgLnjgVyDCXn47zsjeTRmiSPh2dhqdkE9KuqqJTkUyObemeQfNqqMYgIyAdg1VHwWDIyTqz0jfuIUHy2cKh7w2h6-SsPSvjuKsXfPOCr_OZoXnXLSmsiECMXgNKcb2JEnYjiHMXr0RiSCupK6PXvR0w-B7Dt6b4MpQsm2r4LHZl250DHYV5nGxIbGraKcp-hZg_NhtpEX8ZDHw==],

Milwaukee Journal Sentinel [http://rs6.net/tn.jsp?e=001ZDcb5LKjpgJ4yWEtkNzsXCM7wX1Js_hvGmw_Y8RlnbUUb7sECBBsp-0-6-KoeY9pBKxsS4DzGHw7KhnIQB8gM6eCZrvdYNFGnsuo10dh6bJqMMNO7w2PqLWrM0urVeg0FZGKP9Df9W9TC-IZu3YRIyan7eN9iQ_4],

Superior Daily Telegram [http://rs6.net/tn.jsp?e=001ZDcb5LKjpgJ0OQGPlpha3SnyLCweANB58uN0U_v7kRxBx3sbC7xLHBF0_AhJC9qbJ9UPQ5z0UjhTWtqhuSessAUtkXPb2N1rgPK3NPex8yLwIvZih0qtmTAvAkaq7pbasNgtxLTV1-lDo_h8q7iX8Q4rx4LOcOV4KOv2SBsIGEpTbt4Scel8rbi4WVWDriSklkjiNdcNMFXV_IblemMAOzjO82RAv57NGlCO-RfDEZX6kGS3z8_MjzyxKBKggd3-bgk_-CPZNSH_mMz9XkRZI5cavFQSIWce5LqEdfJeLhx8TIFL6LAmBWKlR9IFK3Qj],

Wausau Daily Herald [http://rs6.net/tn.jsp?e=001ZDcb5LKjpgKjJr60q5aPYSVj2qm4xCPq0gdphtmbQCvwmFLQYBdMXHQXy32zPEAfl66NzD-jjyar5Ca-YmBmT_57JC-JknAMEP7M2DgM9vxOIhutAymPMwqru2JHMFoR8R1DieeV8Ah9xv6Q5bZrkFdnmPTiYx84EIuxNQDK5l14FAHTskm1yGPKk5_tZTUZxWqg2i_-GA4n25Tp3hpyja0m8UkTrF4X],

Shepherd Express [http://rs6.net/tn.jsp?e=001ZDcb5LKjpgK1pEGxNq7FcNcj4kcpY29RyNr9Cm-jJN7jotFUjHMs4H7ARUrmxXuJ5kJwiG4coKJfdhgdvHQkYo1ZtW765ZQZR4_DK1UWX_AuuA-y-3TFzKZgscGgOyotyhnuWnQq1YZYviERnu01bfnq9f203e5PwJKkYYo-vxK17AqpOC1KL8JfAMfWo2C6kcb5ldRXhLn7GqtCr5lhB_FT_XuNTKUB],

Isthmus [http://rs6.net/tn.jsp?e=001ZDcb5LKjpgIFQTOu0SfTyTiM61-ywBTlvn1c-BYVUHRepFP6ny38CCVA8AoE9oicf2RdOcW_DhRej9yz2_6G3SghrF3_fL7JsyGWrhaVhxt3LD9PRZbjLap6X3VST5WEvi9nfZPT2rcCg3XV5k3CbQAupD84tHIAJG4G4t1LyOI=],and

Janesville Gazette
[http://rs6.net/tn.jsp?e=001ZDcb5LKjpgKDkpWiMN15kr-mXs5a6YPJ6E_kGZuzTj_UBXlcztP9sfrN9mqNZYqn5BSeeK1Jb8UcY67uVylZQ3nYRpyIldjeWw5PVbN3BZzObswmsEv3dq9iP3LCJ3YJSLGl0fTTS3UgxqP00-kw4rcbm9AEI7ywEtyfbDgXohAOutc8Z2Yb0C297hMOzZc_]

On Tuesday, April 1, Vote to retain Justice Louis Butler on Wisconsin's Supreme Court. ...

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Wisconsin High Court Candidates Disgrace the Office

‘Don’t worry about the result; just tell me what the law is.’

Such a directive ought to be the mission, objective and goal of every justice of the state’s top appellate court, the Wisconsin Supreme Court.

If one were to ask candidates for the Wisconsin Supreme Court their commitment to the above principle, one can expect a declaration of absolute fidelity.

But you would not deduce the presence of this judicial ethos from the campaigns of the two leading candidates for the seat in the current election, Justice Louis Butler and Judge Michael Gableman.

Like the others' before them, their campaigns do not offer explanation of the judicial process, the nature of appellate procedures, the role of briefs and arguments in the creation of judicial policy, and the imperative to be impartial; but rather well-crafted political demagoguery.

Go to both candidates’ websites (and their TV spots) and one can read about the endorsements from police associations, law enforcement officials, and District Attorneys.

What does parading the endorsements mean?

That these candidates have a disposition in favor of a particular class of litigants?

Judges are supposed to be impartial.

Their slogans ought to be: Elect us, we’re corrupt!

And both men know better.

The same principle applies to endorsements from unions, business organizations, or any other interests.

That’s great that the Supreme Court has unanimously called for public financing for candidates to its office. Money corrupts more than endorsements.

If Butler and Gableman wish to be a Supreme Court justice for the next term, they should act like it and stow the likes of the law-and-order, we’re tough rhetoric, and instead edify the electorate in judicial processes and the function of the top appellate court in impartially ascertaining what the law is.

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