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Thursday, September 11, 2025

Lawmaker suggests ending public elections for justices

State Rep. Fredrick Kessler, D-Milwaukee, proposed an amendment to the state Constitution Friday calling for an end to public elections for state Supreme Court Justices. 

 

In Kessler's plan, Supreme Court Justices would be appointed by the governor and approved by a Senate majority. Their terms would automatically be renewed after 10 years unless 13 of the 33 state Senators vote against reconfirmation. 

 

In a statement, Kessler said the trends of special interest contributions and misleading campaigns have damaged the public's perception of the judicial system. 

 

Something must be done to protect the integrity of the state's highest court. If the public believes that positions on the bench are for sale to the highest bidder, the institution is severely undermined,"" Kessler said. 

 

UW-Madison professor of political science Ken Mayer explained justices have the responsibility to interpret the law and adjudicate disputes, and the election process provides a degree of public accountability in the process. 

 

""The idea is if the judge is really out of touch with public opinion or gets too far ahead or behind, voters have the chance to remove them,"" Mayer said, adding that he is not sure voters would approve a measure that takes decisions out of their hands. 

 

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The proposal comes amid the current Supreme Court campaign between incumbent Louis Butler and Michael Gablemen, a campaign described by Mayer as vicious. 

 

""[The elections] become a discussion about everything except what judges are supposed to do, which [is to] be neutral arbiters in legal disputes,"" he said. 

 

Mayer also said the trend of highly financed, visible campaigns is likely to continue because of groups that have a stake in getting particular kinds of judges on the court to benefit them. 

 

Jay Heck, the executive director of Common Cause in Wisconsin, said he thinks it is important to uphold the Wisconsin tradition of electing justices.  

 

Heck suggested judicial campaigns be funded publicly instead of by special interests, saying it is not necessary to throw out the whole system because of two nasty, expensive elections in a row.

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