State Supreme Court candidates Chief Justice Shirley Abrahamson and Jefferson County Judge Randy Koschnick clashed over their philosophical differences and past judicial decisions in their first debate held Thursday in Ashwaubenon.
The candidates debated the merits of an independent and partial judiciary and the role of the legislative branch versus the judicial branch.
Koschnick, who describes himself as a judicial conservative,"" said Abrahamson has been too ""activist"" in her past decisions.
""I am running for the Wisconsin Supreme Court because I believe it is important for judges to not legislate from the bench,"" Koschnick said. Later in the debate, Koschnick cited cases where he believed Abrahamson went too far in her constitutional interpretation.
""Many of the dissents that you read in cases where Justice Abrahamson was in the majority '¦ effectively point out how it is that her, along with the other majority judges, have been legislating from the bench,"" Koschnick said.
Abrahamson defended herself, saying she consistently reaches her decisions based on studying the constitution, and said it is the court's job to ensure the constitutionality of statutes.
She accused Koschnick of basing his judicial philosophy on wisdom rather than law and letting his personal ideology influence his court decisions.
Koschnick responded by saying Abrahamson's 60 percent voting record in favor of defendants should caution voters about Abrahamson's claim of not being ""for or against anything.""
The candidates agreed on the importance of stare decisis, a legal philosophy where judges stand by the precedents of previous decisions.
""You do not overrule unless there is clear and sufficient justification,"" Abrahamson said.
Abrahamson has been the Chief Justice of the Wisconsin Supreme Court since 1996 and has served on the Court since 1976. She is seeking her fourth 10-year term as a justice on the Wisconsin Supreme Court.
Koschnick, who has nearly 25 years of legal experience, was elected to the Jefferson County Circuit Court in 1999 and re-elected in 2005.
The election will take place on April 7, 2009.
