Wisconsin voters will determine the future of the state’s judicial branch Tuesday through an election for a seat on the bench and a referendum on how chief justices are chosen.
Incumbent Justice Ann Walsh Bradley, a Wausau native, is seeking a third 10-year term against Judge James Daley, a judge on Rock County’s Circuit Court.
Although officially nonpartisan, the ideological split is clear.
Daley has criticized Bradley, who is a sharp critic of Gov. Scott Walker’s controversial Act 10, for accepting campaign contributions from unions.
“I believe I’m a better candidate for this position because, No. 1, I’m not a judicial activist, and No. 2, I will not legislate from the bench,” Daley told the Milwaukee Journal Sentinel.
Bradley has been quick to point out that Daley accepted $20,000 from the Republican Party and said she would strive to limit partisan politics in the state’s judiciary.
Tuesday’s ballot will also include a referendum on how the state’s chief justice is chosen. Under current law, the longest-serving member of the Wisconsin Supreme Court serves as chief. If Tuesday’s referendum succeeds, the chief justice will be elected for a two-year term by the majority of justices serving on the court.
Tuesday’s ballot is the second time the measure has been put to voters. It succeeded in 2013 and must be approved by the public and state Legislature a second time because it would amend the state’s constitution.
The governor is not required to sign off on constitutional amendments before they become law. If the voters approve the amendment Tuesday, it will go into effect immediately.
Supporters of the referendum say it will allow for a more democratic process.
“It is imperative that our Supreme Court Justices have the ability to choose who they think is the most qualified for the position,” state Rep. Rob Hutton, R-Brookfield, sponsor of the referendum, told the Milwaukee Journal Sentinel.
Opponents decry it as a way of introducing partisan politics into the historically impartial judicial branch. Others allege that the referendum is being used to oust current Chief Justice Shirley Abrahamson, who could be unseated by a conservative bench.
