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David T. Prosser

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David T. Prosser
Image of David T. Prosser

Nonpartisan

Prior offices
Wisconsin Supreme Court

Education

Bachelor's

DePauw University, 1965

Law

University of Wisconsin Law School, 1968


David T. Prosser, Jr. was a justice on the Wisconsin Supreme Court. He was appointed by Governor Tommy Thompson (R) in 1998 and subsequently elected to a 10-year term in 2001. He was re-elected in 2011. His last term would have expired on July 31, 2021.[1]

Justice Prosser retired from the bench on July 31, 2016.[2] Gov. Scott Walker (R) selected attorney Daniel Kelly to succeed Prosser on the court.[3] Prosser died on December 1, 2024 from cancer.[4]

Education

Prosser received his B.A. from DePauw University in 1965 and his J.D. from the University of Wisconsin Law School in 1968.[5]

Career

After graduating from law school, Prosser worked for the federal government in Washington D.C. He served as an attorney and adviser in the Office of Criminal Justice and later as administrative assistant to U.S. Representative Harold Froehlich. Returning to Wisconsin, Prosser became the district attorney for Outagamie County. In 1979, he was elected to the Wisconsin State Assembly, where he served as a representative for 18 years. Next, Prosser was appointed to the Wisconsin Tax Appeals Commission. He was in this position when he was appointed to the Wisconsin Supreme Court in 1998.[1]

Awards and associations

  • Member, James E. Doyle American Inns of Court
  • Member, Friends of the Fox
  • Member, James Watrous Gallery Advisory Committee[1]

Elections

2011

See also: Wisconsin judicial elections, 2011

Prosser ran for re-election to the Wisconsin Supreme Court in 2011. He received 54.7 percent of the vote in the primary election on February 15. He then defeated JoAnne Kloppenburg in the general election on April 5, 2011.[6]

Prosser, explaining why he ran for re-election, stated:

“ I have served on the court for more than 12 years, I enjoy the work, I think I'm good at the work and I would like to continue that work at a difficult time on the court. Part of the issues facing the court involve basically funding that will require good relations with the governor and the Legislature. I think I can bring some unique experience to helping the court as it tries to get funding.[7][8] ”

Results timeline

  • April 6, 2011: Kloppenburg declared victory. Her campaign issued the following statement:
“ We owe Justice Prosser our gratitude for his more than 30 years of public service. Wisconsin voters have spoken and I am grateful for, and humbled by, their confidence and trust. I will be independent and impartial and I will decide cases based on the facts and the law. As I have traveled the State, people tell me they believe partisan politics do not belong in our Courts. I look forward to bringing new blood to the Supreme Court and focusing my energy on the important work Wisconsin residents elect Supreme Court justices to do.[9][8] ”
—JoAnne Kloppenburg campaign, 2011
  • April 7, 2011: Early in the day, Kloppenburg was ahead by 311 votes, with five precincts still outstanding. Her lead was only .02 percent of the total vote.[10] As votes continued to be collected, her lead lessened to 204 votes.[11]

Later, Waukesha County Clerk Kathy Nickolaus revealed that, due to human error, she had failed to include 14,315 votes from the city of Brookfield in her unofficial vote tally. With those and some other smaller errors in unofficial vote reports, Prosser gained a 7,582 lead.[12]

  • April 11, 2011: The Democratic canvasser who had worked the Waukesha County ballot canvass was quoted as saying, "We went over everything and made sure all the numbers jibed up and they did. Those numbers jibed up, and we're satisfied they're correct."[12][13] These revelations seem to cast doubt on the notion that it was "human error" that led to the recovery of 14,315 votes from the city of Brookfield. [14][15]
To learn more about the recount process in Wisconsin, read: The Morning After: If the results are close, what happens next in Wisconsin?
  • April 15, 2011: The statewide vote canvass was completed. It showed Prosser as the race's victor, with 7,316 votes over Kloppenburg.[16]

The Prosser campaign declared victory with the following statement:

“ Today, the will of the electorate is clear with the last canvas now completed and Justice David Prosser re-elected to another 10 year term to the Supreme Court. Justice Prosser extends his appreciation and respect to Joanne Kloppenburg and her spirited campaign. With certified results in‐hand, Justice Prosser hopes that a shared respect for the judiciary allows the campaign to move to a positive conclusion. Justice Prosser looks forward to thanking the voters of Wisconsin and is expected make a public address in the near‐future.[17][8] ”
—Justice Prosser campaign, 2011
  • April 20, 2011: Kloppenburg requested a recount of the votes, citing "widespread anomalies".[18] The state was required to pay for the costs associated with the recount, since the margin between the two candidates was less than half of a percent.[19]
  • May 20, 2011: A recount concluded that Prosser defeated Kloppenburg by 7,006 votes.[20]

Campaign statements

Public financing

Prosser, along with challengers Joel Winnig and JoAnne Kloppenburg, received public financing for their 2011 election campaigns under a Wisconsin law that had been recently enacted. The fourth primary candidate, Marla J. Stephens, declined to seek public financing.[21]

Allegations of partisanship

See also: Nonpartisan election of judges

Although judicial elections in Wisconsin are nonpartisan, Prosser and opponent Kloppenburg each accused the other of political leanings. Prosser suggested, "There are some people who support my opponent who want the court involved in legislative reapportionment."[22] Kloppenburg stated, "Justice Prosser has sent a clear message that he will favor the agenda of Gov. Walker and the Republican Legislature. I will apply the law to the facts of the cases before me and decide them without prejudice."[22] Prosser contended that he was "not a rubber stamp for the governor."[23]

Political affiliation

Only nine states use partisan elections for their appellate courts. Elsewhere, judges may be appointed or elected without ever declaring a party affiliation. Ballotpedia collects information about the political and ideological leanings of judges to offer better context for court decisions.

Wisconsin Supreme Court justices are selected in nonpartisan judicial elections by the voters of Wisconsin. In the case of a vacancy, the governor can appoint a new justice, but that justice must stand for election shortly after appointment.

Elections

Prosser was a Republican member of the Wisconsin Assembly from 1979 to 1997. He left the Assembly to run for the United States House of Representatives in 1996. He won the Republican primary but lost to Democratic candidate Jay Johnson.[24]

He was appointed to the Wisconsin Supreme Court by Gov. Tommy Thompson (R) in 1998. He was elected to the seat in 2001 and re-elected 2011.[1]

Political contributions

According to publicly available campaign finance records, Prosser has donated to several Republican candidates and election committees. He has also donated to a number of judicial candidates running in nonpartisan elections.[25]

Year Race Candidate Contribution Won/Lost
1989 Wisconsin Supreme Court Shirley Abrahamson $100 Won
1995 Wisconsin Supreme Court N. Patrick Crooks $50 Lost
1996 Wisconsin Supreme Court Harold Froehlich $200 Lost
1997 Wisconsin Supreme Court Jon Wilcox $50 Won
1998 Governor of Wisconsin Tommy Thompson (R) $650 Won
1998 Wisconsin Assembly Judith Klusman (R) $200 Won
1998 Wisconsin Assembly Terry Madden (R) $100 Lost
1998 Wisconsin Assembly Scott Jensen (R) $100 Won
1998 Wisconsin Assembly Republican Assembly Campaign Committee (R) $100 N/A
1999 Wisconsin Supreme Court Shirley Abrahamson $500 Won
2001 Wisconsin Supreme Court David T. Prosser (self) $300 Won
2003 Wisconsin Supreme Court Patience Roggensack $100 Won
2007 Wisconsin Supreme Court Annette Ziegler $500 Won
2010 Wisconsin Court of Appeals Edward Leineweber $300 Lost
2010 United States Congress 5th Congressional District Republican Party (R) $25 N/A
2011 Wisconsin Supreme Court David T. Prosser (self) $5,000 Won
2011 N/A Republican Party of Washington County (R) $25 N/A
2013 Wisconsin Supreme Court Patience Roggensack $500 Won
2013 N/A Prosser Victory Recount Fund $500 N/A
2013 N/A Republican Party of Ozaukee County (R) $50 N/A
2013 N/A Republican Party of Dane County (R) $50 N/A
2013 N/A Republican Party of Brown County (R) $35 N/A
2013 Marinette County Circuit Court James Morrison $250 Won
2013 Ozaukee County Circuit Court Joe Voiland $350 Won
2015 Wisconsin Supreme Court James Daley $500 Lost
2015 Wisconsin Court of Appeals District III Kristina Bourget $100 Lost
2015 N/A Prosser Victory Recount Fund $500 N/A
2016 Wisconsin Supreme Court Rebecca Bradley $500 Won

Political donors

The following includes the four organizations that donated the most to Prosser's campaigns to the Wisconsin Supreme Court, according to publicly available campaign finance information.[26]

Donor Contribution
Prosser Victory Recount Fund $289,000
Wisconsin State AFL-CIO $2,500
Wisconsin Education Association Council $2,000
Aid Association for Lutherans $500

Endorsements and scorecards

The Milwaukee Journal Sentinel endorsed Prosser for the primary election, and the Wausau Daily Herald endorsed both Prosser and Kloppenburg for the primary.[27][28]

The Milwaukee Journal Sentinel also endorsed Prosser for the general election.[29]

Sarah Palin said on her Twitter account: "Wisconsin, please remember to vote for Justice Prosser on April 5." [30]

Business lobbying organization Wisconsin Manufacturers and Commerce indicated that it raised money for ads supporting Prosser in the general election.[31]

An ad paid for by Wisconsin Club for Growth promoting Prosser aired on television prior to the primary vote.[32]

Political ideology

See also: Political ideology of State Supreme Court Justices

In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan ideology of state supreme court justices. They created a scoring system in which a score above 0 indicated a more conservative-leaning ideology, while scores below 0 were more liberal.

Prosser received a campaign finance score of 0.77, indicating a conservative ideological leaning. This was more conservative than the average score of 0.42 that justices received in Wisconsin.

The study was based on data from campaign contributions by the judges themselves, the partisan leaning of those who contributed to the judges' campaigns, or, in the absence of elections, the ideology of the appointing body (governor or legislature). This study was not a definitive label of a justice, but an academic summary of various relevant factors.[33]

Noteworthy cases

Justice recuses himself from DUI case

Wisconsin Supreme Court Justice David Prosser voluntarily recused himself from a case before the high court on February 27, 2015. Allegedly, Prosser contacted a lab that conducted tests on specimens in a drunk driving case and asked questions specifically related to the case. Judges are barred by the judicial code of conduct from seeking out evidence on their own; they must make decisions based upon the evidence presented at trial. In the case of appellate judges, they are bound to review only the record, which includes evidence presented at pre-trial evidentiary hearings or trial.

With Justice Prosser recused, there were only six justices left to hear the case, meaning the decision might have been a 3-3 split. Ultimately, the state supreme court affirmed the appellant's conviction with no dissent on April 23, 2015.[34]

According to Maurer School of Law Professor Charles Geyh,

“ Well-intentioned, justice-seeking judges sometimes let their curiosity get the best of them and initiate investigations on their own, even though they should know better — meaning that the conduct is not necessarily nefarious.[8] ”
—Charles Geyh, Law professor[35]

Articles:

John Doe investigations

See also: John Doe investigations related to Scott Walker

Two John Doe investigations, beginning in 2010 and ending in 2015, were launched by Milwaukee County District Attorney John Chisholm (D) into the activities of staff and associates of Gov. Scott Walker (R).[36] The Wisconsin Supreme Court officially put an end to the investigations in a 4-2 ruling on July 16, 2015, noting that "a state law outlawing such coordination was 'unconstitutionally overbroad and vague under the First Amendment'" and that "the special prosecutor's legal theory is unsupported in either reason or law."[37][38] Prosser voted with and supported the majority opinion.[38]

Authored opinions

  • Green v. Wisconsin Elections Board, concurred.[39]

Noteworthy events

Health problem (2011)

In early December 2011, Chief Justice Shirley Abrahamson announced that Prosser would not hear any oral arguments in December. He was reportedly taking a month off to recover from a "serious" heath problem, though one that was "not life-threatening."[40]

Investigation over altercation at court (2011)

According to reports from the Wisconsin Center for Investigative Journalism, Wisconsin Public Radio, and other news agencies, a physical altercation took place between Justice Prosser and Justice Ann Walsh Bradley on June 13, 2011. On June 25, Bradley stated:

“ 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.[41][42][8] ”

Prossser responded:

“ Once there's a proper review of the matter and the facts surrounding it are made clear, the anonymous claim made to the media will be proven false. Until then I will refrain from further public comment."[41][8] ”

The incident was investigated by the Dane County Sheriff's Office and the Wisconsin Judicial Commission.[43] No charges were brought against either party.[44]

Complaint filed (2012)

In March 2012, the Wisconsin Judicial Commission recommended that Prosser be disciplined accordingly for his alleged actions in June 2011 (see story above). In its investigation, the commission found that Prosser violated the Code of Judicial Conduct. Prosser said that the charges were "partisan, unreasonable and largely untrue."[45]

To read the full complaint, visit: Wisconsin Courts, "Case No. 12AP5665. In the Matter of Judicial Disciplinary Proceedings Against the Honorable David T. Prosser, Jr.," March 16, 2012

Over the next several months, three members of the seven-justice panel recused themselves from hearing the matter. By August 2012, it was reported that the case could not go forward due to the lack of a quorum.[46]

Recent news

The link below is to the most recent stories in a Google news search for the terms Wisconsin Justice David Prosser. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

David T. Prosser - Google News

See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 Wisconsin Court System, "Justice David T. Prosser"
  2. ↑ Wisconsin State Journal, "State Supreme Court Justice David Prosser to retire," April 27, 2016
  3. ↑ WKOW, "Gov. Walker appoints Daniel Kelly to Wisconsin Supreme Court," accessed July 24, 2016
  4. ↑ WPR, "Former Wisconsin Supreme Court Justice David Prosser dies," December 2, 2024
  5. ↑ Project Vote Smart, "Justice David T. Prosser (WI)"
  6. ↑ The Washington Examiner, "Unofficial results for Wis. Supreme Court Primary," February 15, 2011
  7. ↑ Post Crescent, "Four vie for seat on Wisconsin Supreme Court," February 6, 2011
  8. ↑ 8.0 8.1 8.2 8.3 8.4 8.5 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  9. ↑ Kloppenburg Press Release, "JoAnne Kloppenburg Elected to Wisconsin Supreme Court," April 6, 2011
  10. ↑ Bloomberg Business Week, "Split over union law reaches Wis. supreme court race," April 7, 2011
  11. ↑ Milwaukee Journal Sentinel:All Politics Blog, "Kloppenburg declares victory," April 6, 2011
  12. ↑ 12.0 12.1 Milwaukee Journal Sentinel, "Corrected Brookfield tally puts Prosser ahead after 7,500-vote gain," April 7, 2011
  13. ↑ Waukesha County Democratic Party, "Statement & Account of Ramona Kitzinger," April 11, 2011
  14. ↑ Wall Street Journal, "More Controversy Clouds Wisconsin Supreme Court Race," April 11, 2011
  15. ↑ Bloomberg Business Week, "Voting Fiasco Shows Value of Hitting ‘Save’: Margaret Carlson," April 12, 2011
  16. ↑ Wall Street Journal, "Incumbent Wins Wisconsin Supreme Court Race," April 15, 2011
  17. ↑ Prosser Campaign, "Statement Regarding his Election Victory," April 15, 2011
  18. ↑ Associated Press, "Wis. court challenger will seek statewide recount," April 20, 2011
  19. ↑ Associated Press, "Canvass shows conservative wins Wis. court race," April 15, 2011
  20. ↑ The New York Times, "Wisconsin: Recount Favors Conservative Justice," May 20, 2011
  21. ↑ Milwaukee Journal Sentinel, "Three Supreme Court candidates will get public funding," January 13, 2011
  22. ↑ 22.0 22.1 Waukesha Patch, "Supreme Court Candidates Get Political in Waukesha Forum," March 10, 2011
  23. ↑ Beloit Daily News, "David Prosser aims for re-election," March 18, 2011
  24. ↑ Milwaukee Journal Sentinel, "Thompson appoints Prosser to Tax Appeals Commission," accessed July 8, 2016
  25. ↑ Follow the Money, "David Prosser," accessed July 8, 2016
  26. ↑ Follow the Money, "David T Prosser, Jr.," accessed July 8, 2016
  27. ↑ Milwaukee Journal Sentinel, "We back Prosser," February 11, 2011
  28. ↑ Wausau Daily Herald, "IN THE PRIMARY ELECTIONS We endorse ...," February 7, 2011
  29. ↑ Milwaukee Journal Sentinel, "Prosser a vote for independence," April 2, 2011
  30. ↑ Associated Press, "Palin Endorses Prosser for Supreme Court," April 1, 2011
  31. ↑ Think Progress, "Justice-For-Sale Lobbyists Raising ‘Unlimited and Undisclosed’ Donations To Buy Supreme Court Seat," March 25, 2011
  32. ↑ Milwaukee Journal Sentinel, "Supreme Court candidate who refused public support sees campaign fund lag," February 7, 2011
  33. ↑ Stanford University, "State Supreme Court Ideology and 'New Style' Judicial Campaigns," October 31, 2012
  34. ↑ Wisconsin Court System, "State v. Michael R. Griep," accessed August 8, 2016
  35. ↑ Channel 3000, "State high court judge may have broken rule by quizzing lab," April 4, 2015
  36. ↑ United States District Court for the Eastern District of Wisconsin Milwaukee Division, "Eric O’Keefe, and Wisconsin Club for Growth, Inc.," accessed February 23, 2015
  37. ↑ Wisconsin State Journal, "Supreme Court ends John Doe probe that threatened Scott Walker's presidential bid," July 16, 2015
  38. ↑ 38.0 38.1 Supreme Court of Wisconsin, "PETITION FOR SUPERVISORY WRIT BEFORE THE SUPREME COURT, APPEAL AND BYPASS TO THE SUPREME COURT FROM CIRCUIT COURT ORDER," July 16, 2015
  39. ↑ Wisconsin Court System, "Green v. Wisconsin Elections Board"
  40. ↑ Pierce County Herald, "Friday State News Briefs: Justice Prosser will not hear cases due to poor health," December 2, 2011
  41. ↑ 41.0 41.1 Milwaukee Journal Sentinel, "Justices' feud gets physical," June 25, 2011
  42. ↑ New York Times, "Wisconsin Judge Said to Have Attacked Colleague," June 25, 2011
  43. ↑ PostCrescent.com, "Supreme Court flap between Justice Ann Walsh Bradley and Justice David Prosser leads to investigation," June 28, 2011
  44. ↑ Milwaukee Journal Sentinel, "Special prosecutor: No charges for Prosser, Bradley in fracas," August 25, 2011
  45. ↑ ABAJournal, "Ethics Sanction Requested for Wisconsin Justice over B-Word, Neck-Touching Incidents," March 19, 2012
  46. ↑ Milwaukee Journal Sentinel, "Gableman joins recusals in Prosser discipline case; court now short of quorum," August 10, 2012
v • e
John Doe investigations related to Scott Walker
Background
Lawsuits
State court lawsuits: • Three Unnamed Petitioners v. Gregory A. Peterson • Eric O'Keefe, et al. vs. Wisconsin Government Accountability Board, et al. • Two Unnamed Petitioners v. Gregory A. Peterson • Christopher Brekken v. Bruce J. Landgraf • Christopher L. Wiesmueller v. Neal Nettesheim • Francis D. Schmitz v. Gregory A. Peterson • Cynthia Archer v. John Chisholm, et. al. • Federal court lawsuits: • Eric O'Keefe and Wisconsin Club for Growth, Inc. v. Francis Schmitz, et. al. • Relevant rulings: • McCutcheon v. Federal Election Commission • Citizens United v. Federal Election Commission • Wisconsin Right to Life, Inc. v. Thomas Barland • Citizens for Responsible Government v. Wisconsin Government Accountability Board, et. al. • Federal Election Commission v. Wisconsin Right to Life, Inc. • Wisconsin Coalition for Voter Participation Inc., et. al. v. State of Wisconsin Elections Board, et. al.
Prosecutors
Special prosecutor: • Francis Schmitz • Personnel in Milwaukee County DA's Office: • John Chisholm • Bruce Landgraf • David Budde • David Robles • Robert Stelter • District attorneys in the five John Doe counties • John Chisholm • Ismael Ozanne • Jane Kohlwey • Larry Nelson • Kurt Klomberg
Courts
Judges
Attorneys
Attorneys of JD targets: • Steven Biskupic • Todd Graves • Michael Bresnick • Edward Meyers • Dean Strang • Matthew O'Neill • David Rivkin • Andrew Grossman • Attorneys of JD prosecutors and judges: • Patrick Fiedler • Samuel Leib • Randall Crocker • Douglas Knott • Joseph M. Russell
Supporters of JD investigations
Media
Elected Officials
Government Accountability Board
• Wisconsin Government Accountability Board • Current board members: • Gerald Nichol • Timothy Vocke • Thomas Cane • Harold Froehlich • John Franke • Elsa Lamelas • Past board members: • Thomas Barland • Michael Brennan • Staff: • Kevin Kennedy • Dean Nickel • Jonathan Becker • Shane Falk • Nathan Judnic • Elizabeth Blackwood • J. Douglas Haag • Vendors: • Digital Intelligence
Targets of John Doe I
Prosecuted: • Kelly Rindfleisch • Darlene Wink • Kevin Kavanaugh • Tim Russell • Brian Pierick • Wiliam Gardner • Investigated: • Friends of Scott Walker • Christopher Wiesmueller • John Hiller • Jim Villa • Cindy Archer • Jailed by prosecutors/No charges filed: • Christopher Brekken • Andrew P. Jensen, Jr. • Home or office raided: •Kelly Rindfleisch • Cindy Archer • Darlene Wink • Tim Russell • Brian Pierick • Christopher Wiesmueller • Compelled to testify: • R.J. Johnson
Targets of John Doe II
Individuals: • Kelly Rindfleisch • Eric O'Keefe • R.J. Johnson • Deborah Jordahl • Jed Sanborn • Carol Valley • William Eisner • Keith Gilkes • Sean Hannity • Charlie Sykes • Organizations: • Wisconsin Club for Growth • Club for Growth • Wisconsin Right to Life • United Sportsmen of Wisconsin • Coalition Partners, LLC • R.J. Johnson and Associates • Nonbox • TenCAPITOL • Metropolitan Milwaukee Association of Commerce • American Federation for Children • Americans for Prosperity • Americans for Prosperity Wisconsin • Right Direction Wisconsin PAC • Republican State Leadership Committee • Committee to Elect a Republican Senate • Wisconsin Recall Action Fund • Jobs First Coalition • Ending Spending Action Fund • Mary Stitt & Associates • Wisconsin Manufacturers & Commerce • League of American Voters • Citizens for a Strong America • Republican Party of Wisconsin • Republican Governors Association • American Crossroads • Wisconsin Family Action
Other


Wisconsin courts

Federal courts:

Seventh Circuit Court of Appeals • U.S. District Court: Eastern District of Wisconsin, Western District of Wisconsin • U.S. Bankruptcy Court: Eastern District of Wisconsin, Western District of Wisconsin

State courts:

Wisconsin Supreme Court • Wisconsin Court of Appeals • Wisconsin Circuit Courts • Wisconsin Municipal Courts

State resources:

Courts in Wisconsin • Wisconsin judicial elections • Judicial selection in Wisconsin

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