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Mar. 26, 2008

This issue of Tidbits is our first election coverage of 2008. Unless you have been on a deserted island, you are aware that the USA will be electing a new President in November. As an even-numbered year, citizens of Wisconsin will also be voting for State representative in all 99 Assembly Districts and State Senator in 16 of the 33 Senate Districts. There are no elections for Governor or Attorney General in Wisconsin until 2010.

Judicial elections, which are nonpartisan and held in April, are too often overlooked, and yet, the election of one person to the Wisconsin Supreme can be as significant as determining which party retains or gains control of the respective houses of the State Legislature. Such an election is occurring next week, April 1 when voters go to the polls to choose between Lois Butler and Mike Gableman for a 10 year term on the state’s highest court.

Below is a discussion of that race, including a perspective on the process of electing (rather than appointing) judges and justices. Suffice it to say, that the outcome of this election could tip the balance on the Court in its approach to many key decisions.

While the regular session of the Legislature has concluded, the Governor and the two houses are still wrestling to address the current and projected deficit. As previously reported that are three proposals on the table (Governor, Assembly & Senate) and a resolution is not imminent.

It is with mixed feelings that we bid adieu to Andy Franken who has been a valued member of the Hamilton team since 2002. Andy leaves to become President of the Wisconsin Insurance Alliance, a position that has been held by Eric Englund for the past 22 years. Congratulations and best wishes to Andy in his new venture and congratulations and thanks to Eric for a job well done!

Wisconsin Politics

Election of Judges/Justices - A Perspective
In recent years we have witnessed a new focus on the election of members of the judiciary - particularly at the highest appellate court level - the Supreme Court. Members of the judiciary in the federal court system - district/trial courts, circuit/appellate courts and the U.S. Supreme Court - are appointed rather than elected. Most, but not all, states have opted to elect judges and justices at all levels.

There is much at stake in the election of judges, particularly to the highest supreme, court where decisions rendered have a major impact on the application of civil and criminal law - both substantive and procedural. Those decisions, in turn, impact the lives of all citizens of the state. The Wisconsin Supreme Court interprets the Constitution, applies common law principles and determines legislative intent.

There is much at stake in Supreme Court elections. Justices and candidates have different judicial philosophies and approach their responsibilities differently. For example: “Should the constitution be strictly interpreted relying on precedent and stare decisis (relying on principles from previous decisions)?”- OR - “Should the constitution be treated as a ‘living document’ which allows for new/revised interpretations as times and circumstances change?” - More...

Rep. Kreuser Announces Candidacy for Kenosha County Executive
On Tuesday, Mar. 25, Rep. Jim Kreuser officially announced his candidacy in the special election for Kenosha County Executive.

Kreuser has served as the State Representative from the 64th district on Kenosha County’s northside since 1993. Since that time he has held several key posts in the legislature where he was elected Assistant Minority Leader in 2001 and Minority Leader in 2003. Prior to serving in the State Legislature, Kreuser worked as the assistant to then-Kenosha County Executive John Collins for seven years.

Policy Developments

Deficit & Budget Repair Legislation
The Legislature’s work is not done, as it continues to work in special session to address the unexpected deficit, due primarily to a weaker than anticipated economy. The Assembly, in the early morning of March 13 adopted its version of a budget repair bill, which primarily relies on unspecified cuts to state agency budgets to balance the books.

Meanwhile, the Senate, on Tuesday, March 25, adopted along party lines (18-14) amendments to the Governor’s proposal, which includes, among other items, the combined reporting method of taxing multi-state corporations in Wisconsin. The Senate version also included the hospital assessment and  a $13 increase on rental car fees in Kenosha, Racine and Milwaukee counties to pay for the KRM commuter rail project.

To date, Assembly Republicans have maintained their opposition to raising taxes to fix the budget hole. Accordingly, no quick resolution on the budget repair bill is anticipated.

Hamiltonians in the News

Political News

Third-party spending colors state Supreme Court race: Appleton Post-Crescent, Mar. 25, 2008. Groups shell out $1.5 million for television ads.

Money keeps flowing in Supreme Court race: Milwaukee Journal Sentinel, Mar. 25, 2008. Butler, Gableman have raised almost $1 million.

Huebsch: No tax hike needed to fix state budget: La Crosse Tribune, Mar. 24, 2008. Standoff could be coming as state leaders deal with a projected budget shortfall due to the sagging economy.

Wisconsin Bar Brawl (opinion): Wall Street Journal, Mar. 24, 2008. Justice Butler picked this election fight when he and four colleagues decided, by judicial fiat, to make Wisconsin a national mecca for the trial bar.

Law enforcement backing is centerpiece of Gableman run: Milwaukee Journal Sentinel, Mar. 23, 2008. Those who know Gableman as a judge and prosecutor say that he's known for being tough on criminals but fair to all parties.

Butler touts experience as a judge, voting record on court: Milwaukee Journal Sentinel, Mar. 23, 2008. Those who know him said they're impressed by his intellect and work ethic; his fair, balanced approach to the law; and that he works well with his fellow justices.

Governor's selective veto at issue: Milwaukee Journal Sentinel, Mar. 23, 2008. Amendment would end stitched-together phrases.

In court race, key issues may hang in balance: Milwaukee Journal Sentinel, Mar. 23, 2008. On some key issues, the seat is viewed as one that could define the balance of the court.

Voters urged to ignore ads in Supreme Court race: Wisconsin State Journal, Mar. 23, 2008. But the race is seen as crucial to the future of the court and could tilt the ideological balance from a 4-3 liberal-leaning majority to a 4-3 conservative-leaning majority.

Senate's budget repair advances: Milwaukee Journal Sentinel, Mar. 23, 2008. Approval expected for Democrats' plan.