Wisconsin Supreme Court

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Wisconsin Supreme Court
State-Supreme-Courts-Ballotpedia-template.png
Court Information
Justices: 7
Founded: 1848
Location: Madison
Salary
Chief: $154,000

Associates: $146,000

Judicial Selection
Method: Nonpartisan election of judges
Term: 10 years
Active justices

Ann Walsh Bradley
Annette Ziegler
Brian Hagedorn
Jill Karofsky
Patience Roggensack
Rebecca Bradley
Rebecca Dallet

Founded in 1848, the Wisconsin Supreme Court is the state's court of last resort and has seven judgeships. The current chief of the court is Patience Roggensack. In 2018, the court decided 707 cases.[1]

As of August 2020, six judges on the court were elected in nonpartisan elections and one was appointed by a Republican governor.

Wisconsin has a divided government, and no political party holds a state government trifecta. A trifecta exists when one political party simultaneously holds the governor’s office and majorities in both state legislative chambers. As of January 23, 2021, there are 23 Republican trifectas, 15 Democratic trifectas, and 12 divided governments where neither party holds trifecta control.

In the 2020 election, Republicans had a net gain of two trifectas and two states under divided government became trifectas. Prior to that election, Wisconsin had a divided government. There were 21 Republican trifectas, 15 Democratic trifectas, and 14 divided governments.

Jurisdiction

See also: Judicial selection in Wisconsin

The supreme court has jurisdiction over original actions, appeals from lower courts, and regulation or administration of the practice of law in Wisconsin. Most commonly, the supreme court reviews cases that were appealed from the court of appeals.[2]

The following text from Article VII, Section 3 of the Wisconsin Constitution covers the organization and jurisdiction of the court:

Supreme Court: Jurisdiction

(1) The supreme court shall have superintending and administrative authority over all courts. (2) The supreme court has appellate jurisdiction over all courts and may hear original actions and proceedings. The supreme court may issue all writs necessary in aid of its jurisdiction. (3) The supreme court may review judgments and orders of the court of appeals, may remove cases from the court of appeals and may accept cases on certification by the court of appeals.[3][4]

Wisconsin Constitution, Article VII, Section 3

Justices

Judge Appointed By

Ann Walsh Bradley

Elected

Annette Ziegler

Elected

Rebecca Bradley

Gov. Scott Walker (R)

Patience Drake Roggensack

Elected

Rebecca Dallet

Elected

Brian Hagedorn

Elected

Jill Karofsky

Elected


Judicial selection

The court is composed of seven justices who are elected to 10-year terms in statewide, nonpartisan elections. Wisconsin holds state judicial elections every year, but in some years, no state supreme court justice's term will end and therefore no justice will be up for election. Only one seat may be elected in any year. In the event of a vacancy on the court, the governor has the power and duty to appoint an individual to the vacancy; that justice must then stand for election in the first subsequent year in which no other justice's term expires.[5]

Qualifications

Under Article VII, Section 24 of the Wisconsin Constitution, to qualify for a judgeship in Wisconsin, a person must be:

  • Licensed to practice law in Wisconsin for a minimum of five years immediately prior to election or appointment;
  • Under the age of 70.[6]

For the ballot access and campaign finance requirements for candidates in Wisconsin, see Ballotpedia's Ballot access requirements for political candidates in Wisconsin.

Chief justice

Until 2015, the justice with the longest continuous service on the court served as the chief justice, unless that justice declined, in which case the role passed to the next senior justice of the court. A state constitutional amendment passed in April 2015 eliminated the seniority selection of the chief justice, opting for a vote by current justices. The justice selected by the court serves a two-year term as chief. Patience Roggensack is the current chief justice.[5]


Elections and appointments

In Wisconsin, judges are appointed to fill midterm vacancies. If a vacancy occurs on or before December 1 of any year, newly appointed justices must run in a nonpartisan election the following spring to remain on the court. If a vacancy occurs after December 1 but before the following spring's election, the appointee must stand for election the next spring. After that, justices must run for re-election every ten years.

2020

Main article: Wisconsin Supreme Court elections, 2020

General election
General election for Wisconsin Supreme Court

Jill Karofsky defeated incumbent Daniel Kelly in the general election for Wisconsin Supreme Court on April 7, 2020.

Candidate
%
Votes

Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Jill_Karofsky.jpg

Jill Karofsky (Nonpartisan)
 
55.2
 
855,573

Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Daniel-Kelly.jpeg

Daniel Kelly (Nonpartisan)
 
44.7
 
693,134
  Other/Write-in votes
 
0.1
 
990

Total votes: 1,549,697
Nonpartisan primary election
Nonpartisan primary for Wisconsin Supreme Court

Incumbent Daniel Kelly and Jill Karofsky defeated Edward A. Fallone in the primary for Wisconsin Supreme Court on February 18, 2020.

Candidate
%
Votes

Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Daniel-Kelly.jpeg

Daniel Kelly (Nonpartisan)
 
50.1
 
352,876

Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Jill_Karofsky.jpg

Jill Karofsky (Nonpartisan)
 
37.2
 
261,783

Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Ed_Fallone.jpg

Edward A. Fallone (Nonpartisan)
 
12.7
 
89,184

Total votes: 703,843

2019

Main article: Wisconsin Supreme Court elections, 2019

General election
General election for Wisconsin Supreme Court

Brian Hagedorn defeated Lisa Neubauer in the general election for Wisconsin Supreme Court on April 2, 2019.

Candidate
%
Votes

Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Brian-Hagedorn.jpg

Brian Hagedorn (Nonpartisan)
 
50.2
 
606,414

Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Screen_Shot_2019-02-21_at_5.42.08_PM.png

Lisa Neubauer (Nonpartisan)
 
49.7
 
600,433
  Other/Write-in votes
 
0.1
 
722

Total votes: 1,207,569

2018

Main article: Wisconsin Supreme Court elections, 2018

General election
General election for Wisconsin Supreme Court

Rebecca Dallet defeated Michael Screnock in the general election for Wisconsin Supreme Court on April 3, 2018.

Candidate
%
Votes

Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Rebecca-Dallet.png

Rebecca Dallet (Nonpartisan)
 
55.7
 
555,848

Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Michael_Screnock.jpg

Michael Screnock (Nonpartisan)
 
44.2
 
440,808
  Other/Write-in votes
 
0.1
 
829

Total votes: 997,485
Nonpartisan primary election
Nonpartisan primary for Wisconsin Supreme Court

Michael Screnock and Rebecca Dallet defeated Tim Burns in the primary for Wisconsin Supreme Court on February 20, 2018.

Candidate
%
Votes

Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Michael_Screnock.jpg

Michael Screnock (Nonpartisan)
 
46.3
 
247,582

Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Rebecca-Dallet.png

Rebecca Dallet (Nonpartisan)
 
35.8
 
191,268

Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Tim_Burns.jpg

Tim Burns (Nonpartisan)
 
17.9
 
95,508
  Other/Write-in votes
 
0.1
 
622

Total votes: 534,980

2017

Main article: Wisconsin Supreme Court elections, 2017

Candidates

Annette Ziegler (Incumbent/Unopposed)Green check mark transparent.png

2016

Main article: Wisconsin Supreme Court elections, 2016

Candidates

JoAnne Kloppenburg
Rebecca Bradley Green check mark transparent.png

Kloppenburg and Bradley faced each other in the April 5 general election.

Defeated in primary

Martin Joseph Donald

Withdrawn

Claude Covelli[7]

General election results

Wisconsin Supreme Court, Rebecca Bradley's Seat, 2016
Candidate Vote % Votes
Green check mark transparent.png Rebecca Bradley Incumbent 52.35% 1,024,892
JoAnne Kloppenburg 47.47% 929,377
Write-in votes 0.19% 3,678
Total Votes (100% Reporting) 1,957,947
Source: Wisconsin Government Accountability Board Official Results

Primary results

The primary election was held February 16, 2016.

Primary election
Ideology[8] Candidate Percentage Votes
     Liberal Martin Joseph Donald 12.1% 68,746
     Liberal Green check mark transparent.png JoAnne Kloppenburg 43.2% 244,729
     Conservative Green check mark transparent.png Rebecca Bradley 44.7% 252,932
Vote Total: 566,407

3474 of 3474 precincts reporting
Source: Wisconsin Government Accountability Board Official Results

2015

See also: Wisconsin judicial elections, 2015


 
General election, 2015
Candidate Vote % Votes
Green check mark transparent.png Ann Walsh Bradley Incumbent 58.1% 471,866
James Daley 41.9% 340,632
Total Votes 813,200
[9][10]

2013

See also: Wisconsin judicial elections, 2013
CandidateIncumbencyPositionPrimary VoteElection Vote
RoggensackPatience Roggensack    
FalloneEd Fallone No29.8%ApprovedA42.47%   DefeatedA
MegnaVince Megna No6.3% 


Caseloads

The table below details the number of cases filed with the court and the number of dispositions (decisions) the court reached in each year.[1]

Wisconsin Supreme Court caseload data
Year Filings Dispositions
2018 737 707
2017 734 704
2016 642 600
2015 732 836
2014 792 860
2013 807 732
2012 784 824
2011 809 681
2010 717 762
2009 777 740
2008 824 812
2007 810 826

Noteworthy cases

The following are noteworthy cases heard before the Wisconsin Supreme Court. For a full list of opinions published by the court, click here. Know of a case we should cover here? Let us know by emailing us.

For more information on this decision, see: Wisconsin stay-at-home order lawsuit and supreme court decision, 2020 (Wisconsin Legislature v. Palm, et al.)


For more information on this decision, see Three Unnamed Petitioners v. Gregory A. Peterson
For more information on this decision, see Three Unnamed Petitioners v. Gregory A. Peterson

Historic cases

The Wisconsin state capitol in Madison, which houses the Wisconsin Supreme Court

20th Century

19th Century

Political outlook

See also: Political outlook of State Supreme Court Justices

In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan outlook of state supreme court justices in their paper, "State Supreme Court Ideology and 'New Style' Judicial Campaigns." A score above 0 indicated a more conservative-leaning ideology while scores below 0 were more liberal. The state Supreme Court of Wisconsin was given a campaign finance score (CFscore), which was calculated for judges in October 2012. At that time, Wisconsin received a score of 0.42. Based on the justices selected, Wisconsin was the 11th most conservative court. The study was based on data from campaign contributions by judges themselves, the partisan leaning of contributors to the judges, 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 rather an academic gauge of various factors.[34]

History of the court

WI Supreme Court room.png

An appellate court system was created in the territory of Wisconsin in 1836. The circuit court judges would gather in Madison once a year as a "supreme court" to hear appeals of their own rulings. When Wisconsin became a state in 1848, the government decided to keep the current system for five years and then decide whether to create a separate supreme court. In 1852, the state legislature decided to establish the Wisconsin Supreme Court. The following year, three men were chosen as the first justices.[35]

Wisconsin originally used the seniority system to select chief justices for the state supreme court. This selection method became part of the Wisconsin Constitution in 1889, when voters opted for seniority over a dedicated seat for the chief justice. The chief justice seat was established by the Wisconsin State Legislature in 1852 and lasted until the 1889 amendment. Wisconsin voters amended the constitution again in 1903 to expand the court to seven members. A 2015 amendment to the state constitution changed the method of chief justice selection from seniority to a vote of the justices.[36]

Former justices

Notable firsts

  • Lavinia Goodell was a Janesville attorney and the first woman to apply for admission to the bar of the Wisconsin Supreme Court (at that time, practice before the state’s high court required admission to a separate bar). In the first case in 1875, her application was denied; in the second, following a legislative act that prohibited denial of bar admissions based on gender, she was admitted in 1879.[37]
  • Shirley Abrahamson was the first woman to serve on the Wisconsin Supreme Court and, subsequently, the first female chief justice.


Courts in Wisconsin

See also: Courts in Wisconsin

In addition to the federal courts in Wisconsin, there are two types of appellate courts, one general jurisdiction trial court, and one limited jurisdiction trial court. Their infrastructure and relationship are illustrated in the flow chart below.

The structure of Wisconsin's state court system.

Party control of Wisconsin state government

A state government trifecta is a term that describes single-party government, when one political party holds the governor's office and has majorities in both chambers of the legislature in a state government. A state supreme court plays a role in the checks and balances system of a state government. Republicans in Wisconsin gained a state government trifecta as a result of the 2010 elections, when the governorship and both legislative chambers switched to Republican control. Republicans also had trifectas in the state in 1995 and 1998. Democrats held a trifecta following the 2008 elections. The table below shows state government trifectas in Wisconsin from 1992 to 2019.

Wisconsin Party Control: 1992-2021
Two years of Democratic trifectas  •  Ten years of Republican trifectas

Year 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21
Governor R R R R R R R R R R R D D D D D D D D R R R R R R R R D D D
Senate D R R R D D R D D D D R R R R D D D D R R R R R R R R R R R
House D D D R R R R R R R R R R R R R R D D R R R R R R R R R R R

State profile

USA Wisconsin location map.svg
Demographic data for Wisconsin
 WisconsinU.S.
Total population:5,767,891316,515,021
Land area (sq mi):54,1583,531,905
Race and ethnicity**
White:86.5%73.6%
Black/African American:6.3%12.6%
Asian:2.5%5.1%
Native American:0.9%0.8%
Pacific Islander:0%0.2%
Two or more:2.1%3%
Hispanic/Latino:6.3%17.1%
Education
High school graduation rate:91%86.7%
College graduation rate:27.8%29.8%
Income
Median household income:$53,357$53,889
Persons below poverty level:15%11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Wisconsin.
**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in Wisconsin

Wisconsin voted for the Democratic candidate in four out of the five presidential elections between 2000 and 2016.


More Wisconsin coverage on Ballotpedia

Recent news

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

See also

External links

Footnotes

  1. 1.0 1.1 Wisconsin Court System, "Publications, reports and addresses: Annual reports," accessed September 18, 2019
  2. Wisconsin Blue Book, "Supreme Court," 2005-2006
  3. Wisconsin State Legislature, "Wisconsin Constitution," accessed March 30, 2014
  4. 4.0 4.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  5. 5.0 5.1 Wisconsin State Legislature, "Wisconsin Constitution," accessed September 19, 2014 (Article VII, Section 4: pg.10)
  6. Wisconsin State Legislature, "Wisconsin Constitution," accessed September 19, 2014 (Article VII, Section 24: pg.11)
  7. Wisconsin State Journal, "Claude Covelli drops out of Supreme Court race," December 22, 2015
  8. This is a nonpartisan election, but where possible Ballotpedia draws on endorsements, court decisions, and other data to infer ideological affiliation.
  9. Wisconsin Government Accountability Board, "Candidates Registered 2015 Spring Election," January 8, 2015
  10. Wisconsin Election Commission, "2015 Spring Election Results," accessed September 19, 2019
  11. Wisconsin Government Accountability Board, "Results of Spring General Election," April 7, 2009
  12. The Washington Post, "Wisconsin Supreme Court blocks Evers’ stay-home extension," May 13, 2020
  13. Supreme Court of Wisconsin, "Wisconsin Legislature v. Palm, et al.: Memorandum in Support of Legislature's Emergency Petition for Original Action and Emergency Motion for Temporary Injunction," April 21, 2020
  14. Wisconsin State Assembly Speaker Robin Vos, "Statement: Legislature Takes Gov. Evers to Court," April 21, 2020
  15. CNN, "Wisconsin Supreme Court strikes down state's stay-at-home order," May 14, 2020
  16. Milwaukee Journal Sentinel, "Wisconsin Supreme Court strikes down Wisconsin's stay-at-home order that closed businesses to limit spread of coronavirus," May 13, 2020
  17. NPR, "Wisconsin Supreme Court Sides With GOP Lawmakers To Limit Democratic Governor's Power," June 21, 2019
  18. 18.0 18.1 Wisconsin Supreme Court, "CASE NO.: 2019AP559," accessed June 22, 2019
  19. WRP, "Wisconsin Legislature Works Overnight To Approve Limiting Gov.-Elect Tony Evers' Power," December 5, 2018
  20. 20.0 20.1 Wisconsin Politics, "Divided Supreme Court sides with GOP lawmakers in lame-duck lawsuit," June 21, 2019
  21. Todd Richmond, Washington Times, "Supreme Court won’t restart probe of Scott Walker recall campaign," December 2, 2015
  22. M.D. Kittle, Wisconsin Watchdog, "Wisconsin Supreme Court reaffirms John Doe is dead," December 2, 2015
  23. Cite error: Invalid <ref> tag; no text was provided for refs named decision
  24. Watchdog.org, "Wisconsin Supreme Court shuts down John Doe investigation, affirms First Amendment," July 16, 2015
  25. Channel 3000, "State high court judge may have broken rule by quizzing lab," April 4, 2015
  26. 26.0 26.1 26.2 26.3 San Francisco Gate, "Wis. court: Police use of GPS in burglary case OK," February 6, 2013
  27. 27.0 27.1 27.2 27.3 The Republic, "Wisconsin Supreme Court says police's installation of GPS in burglary suspect's car was OK," February 6, 2013
  28. Fox11, "Supreme Court rejects appeal in GPS planting case," February 6, 2013 (dead link)
  29. The Daily Cardinal, "DOA will enforce union law despite injunction," March 31, 2011
  30. Wisconsin State Journal, "Judge strikes down Walker's collective bargaining law, case moves to state Supreme Court," May 26, 2011
  31. Wisconsin Reporter, "Judge: Collective bargaining bill violated open meetings law," May 26, 2011
  32. Milwaukee Journal Sentinel, "Supreme Court reinstates collective bargaining law," June 14, 2011
  33. Foley.com, "Wisconsin Supreme Court Affirms That Enterprise-Wide Software Is Exempt as "Custom" Computer Program," July 11, 2008
  34. Stanford University, "State Supreme Court Ideology and 'New Style' Judicial Campaigns," October 31, 2012
  35. 35.0 35.1 Wisconsin Court System, "Portraits of Justice: Introduction," 2003
  36. Legislative Reference Bureau, "Constitutional Amendment Given "First Consideration" Approval by the 2013 Wisconsin Legislature," January 2015
  37. Wisconsin Court System, "Famous cases: Motion to admit Miss Lavinia Goodell to the Bar of this Court and Application of Miss Goodell," accessed September 19, 2014