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Wisconsin Supreme Court

Coordinates:43°04′29″N89°23′04″W / 43.074635°N 89.384562°W /43.074635; -89.384562
From Wikipedia, the free encyclopedia
Highest court in U.S. state

Wisconsin Supreme Court
Seal
Map
Interactive map of Wisconsin Supreme Court
Established1848
JurisdictionWisconsinWisconsin
LocationWisconsin State Capitol,Madison
Composition methodNon-partisan statewide election
Authorised byWis. Const., Art VII § 4
Appeals toSupreme Court of the United States
Appeals from
Judge term lengthTen years, no term limits
Number of positions7
WebsiteWisconsin Court System
Chief Justice
CurrentlyJill Karofsky
SinceJuly 1, 2025
Lead position endsApril 30, 2027[1]

TheWisconsin Supreme Court is thehighest and final court of appeals in the state judicial system of theU.S. state ofWisconsin. In addition to hearing appeals of lower Wisconsin court decisions, the Wisconsin Supreme Court also has the option to takeoriginal jurisdiction of cases, and serves as a regulator and administrator of judicial conduct and the practice of law in Wisconsin.[2]

Justices on the Wisconsin Supreme Court are elected. The two most recent elections (2023 and2025) received national attention. They both broke records for the most expensive judicial elections in U.S. history.[3][4]

Location

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Interior of the Supreme Court room

The Wisconsin Supreme Court normally sits in its main hearing room in the East Wing of theWisconsin State Capitol building inMadison, Wisconsin. Since 1993, the court has also traveled, once or twice a year, to another part of the state to hear several cases as part of its "Justice on Wheels" program. The purpose of this program is to give the people of Wisconsin a better opportunity to understand the operations of the state supreme court and the court system.[5]

Justices

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Thecourt is composed of sevenjustices who are elected in statewide, non-partisan elections. Each justice is elected for a ten-year term. Importantly, only one justice may be elected in any year. This avoids the sudden shifts in jurisprudence commonly seen in other state supreme courts, where the court composition can be radically shifted if two or three justices are simultaneously targeted for an electoral challenge based on their views on controversial issues. In the event of a vacancy on the court, thegovernor has the power to appoint an individual to the vacancy, but that justice must then stand for election in the first year in which no other justice's term expires.

After passage of a state constitutional amendment on April 7, 2015, thechief justice of the court is elected for a term of 2 years by the vote of a majority of the justices then serving on the court, although the justice so elected may decline the appointment. Prior to that amendment, the justice with thelongest continuous service on the court served as the chief justice.

While the court is officially nonpartisan, its members are generally regarded as having consistent ideological positions. Justices Crawford, Dallet, Karofsky, and Protasiewicz are frequently described as liberals, while Justices Ziegler, Hagedorn, and Bradley are described as conservatives. Liberal justices and candidates are endorsed and electorally supported by theDemocratic Party and related organizations, and conservatives have an equivalent relationship with theRepublican Party. Justice Hagedorn was considered the court's "swing justice" prior to Justice Protasiewicz's investiture; while his campaign was supported by Republican organizations and he previously served as chief legal counsel to Republican governorScott Walker, he has sided with the liberal-leaning justices on some noteworthy cases.[6]

Current justices

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See also:List of justices of the Wisconsin Supreme Court
NameBornStartChief term[a]Term ends[b]Law school
Jill Karofsky,Chief Justice (1966-07-15)July 15, 1966 (age 59)August 1, 20202025–present[c]2030Wisconsin
Annette Ziegler (1964-03-06)March 6, 1964 (age 61)August 1, 20072021–20252027Marquette
Rebecca Bradley (1971-08-02)August 2, 1971 (age 54)October 12, 2015[d]2026Wisconsin
Rebecca Dallet (1969-07-15)July 15, 1969 (age 56)August 1, 20182028Case Western Reserve
Brian Hagedorn (1978-01-21)January 21, 1978 (age 48)August 1, 20192029Northwestern
Janet Protasiewicz (1962-12-03)December 3, 1962 (age 63)August 1, 20232033Marquette
Susan M. Crawford (1965-03-01)March 1, 1965 (age 60)August 1, 20252035Iowa
  1. ^Terms end on April 30 of odd-numbered years.
  2. ^Terms end on July 31.
  3. ^Elected Chief Justice by peer vote on April 3, 2025 and took office July 1, 2025.
  4. ^Originally appointed by Gov.Scott Walker (R) after the death of JusticeN. Patrick Crooks.[7] Elected to a full term on April 1, 2016.

Chief justice selection

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The members of the court choose their chief justice every two years by majority vote. This method of choosing the chief justice is a recent change, from a 2015 constitutional amendment. The change was controversial at the time, even leading to a federal lawsuit by the outgoing chief justice,Shirley Abrahamson, after the loss of her role toPatience Roggensack.[8][9]

Prior to 2015, the chief justice was simply the longest continually-serving member of the court. This was the method for most of the court's history, since 1889. Prior to 1889, the court's chief justice was a separate seat on the court, elected by the public.[10]

Controversies

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Recusal

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In 2009, theUnited States Supreme Court decidedCaperton v. A.T. Massey Coal Co., holding 5–4 that a campaign expenditure of over $3 million by a corporate litigant to influence the election of a judge in West Virginia to the court that would hear its case, although legal, was an "extreme fact" that created a "probability of bias", thus requiring the judge to berecused from hearing the case.[11] Wisconsin had adopted a limit of $1,000 for campaign contributions to judges, but it was unclear when mandatory recusal was required.[12] TheLeague of Women Voters petitioned the Court to require a judge to recuse himself or herself from a proceeding if the judge had received any campaign contributions from a party or entity involved in it.[12] Instead, during its 2009–2010 term and by a 4–3 vote, the Court adopted a rule that recusal is not required based solely on any endorsement or receipt of a lawful campaign contribution from a party or entity involved in the proceeding, and that a judge does not need to seek recusal where it would be based solely on a party in the case sponsoring an independent expenditure or issue advocacy communication in favor of the judge. Voting in favor of the new rule were Prosser, Gableman, Roggensack, and Ziegler. Voting against were Abrahamson, Crooks, and A. Bradley. In the opinion of Justice Roggensack, "when a judge is disqualified from participation, the votes of all who voted to elect that judge are cancelled for all issues presented by that case. Accordingly, recusal rules . . . must be narrowly tailored to meet a compelling state interest." In dissenting, Justice A. Bradley called the decision "a dramatic change to our judicial code of ethics" and took issue with the majority's decision to adopt a rule "proposed by special interest groups."[12]

The issue of recusal became a major controversy again after the 2023 judicial election, but with the ideological positions reversed. Conservatives justice Rebecca Bradley and chief justice Annette Ziegler abandoned their previous position, which favored narrow recusal rules, and instead urged a broad recusal standard after Wisconsin elected a liberal majority to the Court in 2023.[13] Their demand was targeted at the newest justice,Janet Protasiewicz, and was paired with a threat from the Republican Assembly speaker to begin an impeachment. At issue was the allegation that Protasiewicz had pre-judged pendingredistricting cases, because she had remarked during the campaign that Wisconsin's legislative maps were "rigged". Several complaints were also filed against Protasiewicz with the Wisconsin Judicial Commission, but the commission quickly dismissed those complaints.[14]

Confrontation

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On June 13, 2011, a confrontation between JusticesDavid Prosser, Jr. andAnn Walsh Bradley occurred in Bradley's chambers. Prosser, Bradley, and the other justices (exceptN. Patrick Crooks) were discussing the following day's decision that would overturn a ruling blocking the Wisconsincollective bargaining law. Witnesses stated that the incident happened after Prosser had stated that he'd lost all confidence in the leadership of Chief JusticeShirley Abrahamson.[15] Bradley later accused Prosser of putting her in a chokehold.[15] Prosser denied the allegations and asked for "a proper review of the matter and the facts surrounding it".[15] The incident was investigated by the Dane County Sheriff's Office. Witnesses to the incident disagreed about what had happened[15] and neither Prosser nor Bradley was charged by a special prosecutor.[16] Ethics charges brought against Prosser based on Bradley's allegations were never adjudicated due to the lack of a quorum on the Court after recusals.[17]

2020 primary election amid COVID-19 pandemic

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In April 2020, amid theCOVID-19 pandemic, the Wisconsin Supreme Court ruled (virtually, due to the pandemic) thatGovernorTony Evers could not delay thestate's 2020 primary elections, despite public fears ofCOVID-19.[18]

Stay at home order

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In May 2020, in response to a lawsuit brought by theRepublican-ledstate legislature, the Court ruled 4–3 to strike down an order issued by Secretary-designate of the Department of Health Services Andrea Palm, which extended the stay-at-home order previously issued by Governor Tony Evers.[19] The portion of the order that kept all K-12 schools closed for the remainder of the school year remained in effect.[20] The deciding vote to strike down the Secretary-designate's order was byDaniel Kelly, who had recently lost his bid for re-election toJill Karofsky.[21]

Redistricting

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Main article:Redistricting in Wisconsin

The Wisconsin Supreme Court plays a role in determining the election maps in Wisconsin. The Court first reviewed maps in the 1890s, when they struck down state legislative maps and set standards for equal representation and district boundaries. This standard remained until federal guidance superseded these standards in the 20th century.[22] The Court later reviewed a case about maps in the 1950s and even drew maps themselves in 1964.[23][24] After these actions, the federalVoting Rights Act of 1965 and related United States Supreme Court cases deterred the Wisconsin Supreme Court from examining redistricting issues.

The Wisconsin Supreme court was prompted to revisit election maps in 2018 after the United States Supreme Court case ofGill v. Whitford reduced federal jurisdiction. In 2022, the Wisconsin Supreme Court took on redistricting again. At first, the Wisconsin Supreme Court allowed the Legislature's maps through the 2022 elections.[25]. But after Jill Karofsky was elected to replaceDaniel Kelly, the Wisconsin Supreme Court ruled against the Legislature in 2023 inClarke v. Wisconsin Elections Commission.[26] In February 2024, Governor Tony Evers signed new election maps into law, which were used for the2024 Wisconsin elections.[27]

Elections

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Seat currently held byJanet Protasiewicz
Seat currently held bySusan M. Crawford
Seat currently held byRebecca Dallet
Seat currently held byAnnette Ziegler
Seat currently held byBrian Hagedorn
Seat currently held byRebecca Bradley
Seat currently held byJill Karofsky

Election laws

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Justices are elected in nonpartisan elections for ten-year terms. Only one justice may be elected in any year. Justices are elected in the spring election, on the first Tuesday in April. If there are more than two candidates, a spring primary is held on the third Tuesday in February.[citation needed]

TheWisconsin Constitution, as initially ratified in 1848, prohibited judicial elections from coinciding with general elections for state or county officers (such as gubernatorial elections), or within thirty days of any such election.[28] The current wording of this clause in the constitution prohibits judicial elections from coinciding with any partisan general elections for such offices.[29] In 1858, a state law was enacted scheduling judicial elections to be held the first Tuesday of April.[28] A 1949 law change mandated that winners of judicial elections must secure amajority of the vote. Prior to this, justice candidates could win election with a mereplurality of the vote. This law change was implemented in time for the1949 Supreme Court election.[28]In April 1953, Wisconsin voters approved a legislatively-referred constitutional amendment so that all elections to the supreme court (even early elections held following vacancies) are for full ten-year terms. This means that rather than holding special elections for the remainder of an uncompleted term (as had been done previously), vacancies instead now can result in the date of the next regular election being advanced to an earlier year (also impacting the tentative scheduling of future elections beyond that).[28][30]In April 1977 voters adopted a legislatively-referred constitutional amendment unifying the state's court system, which included the stipulation that no more than one seat on the state supreme court may be up for election within the same year.[31] Consequentially, vacancies can only result in the year of the next election being shifted if there is a more immediate year without a scheduled contest.[citation needed]

An exception to the holding of supreme court elections on the first Tuesday in April took placein 1996. That year, the election was shifted to March 19 after GovernorTommy Thompson signed a bill into law that rescheduled both the 1996 spring general election andthe state's presidential primaries in order to have the presidential primaries coincide with theIllinois,Michigan, andOhio primaries already scheduled for March 19. This was done in hopes that Wisconsin could join those fellow Midwest states in forming a prominent "Big Ten primary" scheduled close afterSuper Tuesday in the major party primary calendars.[32][33] This was not subsequently repeated.

Recent elections

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Main articles:2020 Wisconsin Supreme Court election,2023 Wisconsin Supreme Court election,2025 Wisconsin Supreme Court election, and2026 Wisconsin Supreme Court election

Since 2020, Wisconsin Supreme Court elections have become high-profile, national events. Elections have become increasingly expensive. Spending has grown from $4.3 million in 2016 to $100 million in 2025.[34][35]

These elections have also shifted the court's ideological balance. In 2020, incumbent conservative justiceDaniel Kelly lost re-election to liberal Dane County circuit judgeJill Karofsky. In 2023, the retirement of conservative JusticePatience Roggensack set up a high profile race between liberal Milwaukee County circuit judgeJanet Protasiewicz and the conservative Kelly. Protasiewicz won the election, which changed the court's ideological balance and was expected to determine how the court ruled on cases involvingabortion, voting rights, labor rights, andredistricting.[36][37]

Further turnover followed in 2025, when liberal justiceAnn Walsh Bradley retired;Susan M. Crawford won the open seat, keeping the ideological balance in the Court that liberals had won in 2023.[38][39][40] In 2026, another open race emerged when conservative justiceRebecca Bradley announced she would not seek reelection.[41] The candidates are conservative[42]Court of Appeals judgeMaria Lazar and liberal[43] Court of Appeals judgeChris Taylor.

See also

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Footnotes

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  1. ^"Justice Jill J. Karofsky assumes role as Chief Justice of the Wisconsin Supreme Court".Wisconsin Court System. July 1, 2025.
  2. ^See Wis. Const. Art. VII § 4 cl. 3,available athttp://www.legis.state.wi.us/rsb/unannotated_wisconst.pdf.
  3. ^"WisPolitics review: Spending in Supreme Court race surpasses $45 million".WisPolitics. March 30, 2023. RetrievedApril 2, 2025.
  4. ^"Crawford beats Schimel in nation's most expensive court race".WisPolitics. April 1, 2025. RetrievedApril 2, 2025.
  5. ^Justice on Wheels. Wisconsin Court System. Accessed February 20, 2018.
  6. ^Johnson, Shawn (June 7, 2022)."Wisconsin Supreme Court issuing record number of 4-3 rulings".Wisconsin Public Radio. RetrievedNovember 10, 2022.
  7. ^Halsted, Gilman; Wilson, John K. (October 9, 2015)."Gov. Walker Appoints Bradley To State Supreme Court".Wisconsin Public Radio. RetrievedApril 27, 2024.
  8. ^Geyer, Allison (April 8, 2015)."A mixed outcome for the Wisconsin Supreme Court".Isthmus. RetrievedSeptember 21, 2023.
  9. ^Bauer, Scott (April 9, 2015)."Chief Justice Shirley Abrahamson sues over amendment approved by voters".Wisconsin State Journal. RetrievedSeptember 21, 2023.
  10. ^"History of the courts".Wisconsin Court System. RetrievedApril 7, 2023.
  11. ^Caperton v. A.T. Massey Coal Co., 556 U.S. 868 (2009).
  12. ^abcwisciviljusticecouncil.org; accessed January 28, 2014.
  13. ^Cameron, Peter (September 2, 2023)."Wisconsin Supreme Court justice changes tune on recusals she opposed".The Capital Times. RetrievedSeptember 6, 2023.
  14. ^Bauer, Scott (September 5, 2023)."Complaints over campaign comments by Wisconsin Supreme Court justice are dismissed".ABC News. RetrievedSeptember 6, 2023.
  15. ^abcdCrocker Stevenson, Cary Spivak, and Patrick Marley (June 25, 2011)."Justices' feud gets physical".Milwaukee Journal Sentinel. RetrievedNovember 19, 2016.{{cite news}}: CS1 maint: multiple names: authors list (link)
  16. ^Neither Prosser nor Bradley charged,Milwaukee Journal Sentinel. Accessed January 28, 2014.
  17. ^Bruce Vielmetti (August 10, 2012)."Gableman joins recusals in Prosser discipline case; court now short of quorum". Milwaukee Journal Sentinel. RetrievedNovember 19, 2016.
  18. ^"Wisconsin Supreme Court rules Evers cannot postpone election". April 6, 2020.
  19. ^"Wisconsin Legislature v. Palm, 2020 WI 42"(PDF).
  20. ^Vetterkind, Riley."Wisconsin Supreme Court strikes down stay-at-home order; Dane County institutes local order".Wisconsin State Journal. RetrievedMay 14, 2020.
  21. ^Marley, Patrick."Liberal Jill Karofsky wins Wisconsin Supreme Court election, defeating conservative justice Daniel Kelly".Milwaukee Journal Sentinel. RetrievedMay 14, 2020.
  22. ^State ex rel. Lamb v. Cunningham, 83 Wis. 90 (Wisconsin Supreme Court September 27, 1892).
  23. ^State ex rel. Thomson v. Zimmerman, 264 Wis. 644 (Wisconsin Supreme Court October 6, 1953).[dead link]
  24. ^Brissee, William (May 15, 1964)."High Court Remap Gives 25 Seats to Milwaukee County".Wisconsin State Journal. p. 2. RetrievedFebruary 13, 2021 – viaNewspapers.com.
  25. ^Johnson, Shawn (April 15, 2022)."Wisconsin Supreme Court chooses maps drawn by Republicans in new redistricting decision".Wisconsin Public Radio. RetrievedSeptember 6, 2023.
  26. ^Johnson, Shawn (December 22, 2023)."Wisconsin Supreme Court overturns Republican-drawn legislative maps".Wisconsin Public Radio. RetrievedDecember 23, 2023.
  27. ^Molly Beck; Eva Wen; Andrew Hahn (February 19, 2024)."Gov. Tony Evers signs new election maps, ending Wisconsin Republicans' grip on legislative power".Milwaukee Journal Sentinel. RetrievedJanuary 15, 2026.
  28. ^abcd"Portraits of Justice"(PDF).Wisconsin Courts. Wisconsin Historical Society Press. 2003. pp. IX, X, and 59. RetrievedMarch 27, 2025.
  29. ^Wisconsin Constitution ART. VII, §6, SECTION 9.
  30. ^"Wisconsin Question 2, Judicial Terms of Office Amendment (April 1953)".Ballotpedia. RetrievedMarch 27, 2025.
  31. ^"Wisconsin Question 2, Unified Court System Amendment (April 1977)".Ballotpedia. RetrievedMarch 27, 2025.
  32. ^"Big Ten Primary". Wausau Daily Herald. April 6, 1995. RetrievedApril 5, 2025 – via Newspapers.com.
  33. ^"Primary Election Date To Change". Wisconsin State Journal. May 17, 1995. RetrievedApril 5, 2025 – via Newspapers.com.
  34. ^"Spending in Wisconsin Supreme Court Race Totals More Than $4.3 Million". Brennan Center for Justice. April 6, 2016. RetrievedDecember 20, 2017.
  35. ^"Crawford beats Schimel in nation's most expensive court race".WisPolitics. April 1, 2025. RetrievedApril 2, 2025.
  36. ^"Liberal Janet Protasiewicz declared winner over conservative Dan Kelly in closely watched Wisconsin Supreme Court race". RetrievedApril 5, 2023.
  37. ^Montellaro, Zach; Messerly, Megan (January 16, 2023)."The most important election nobody's ever heard of".Politico. RetrievedFebruary 23, 2023.
  38. ^"Justice Ann Walsh Bradley won't seek reelection in '25, when liberal majority will be on the line".WisPolitics.com. April 11, 2024. RetrievedApril 11, 2024.
  39. ^Wagtendonk, Anya van (April 1, 2025)."Trump and Musk's backing wasn't enough to flip Wisconsin Supreme Court".NPR. RetrievedApril 2, 2025.
  40. ^Marley, Patrick (April 2, 2025)."Liberal wins Wisconsin Supreme Court race in blow to Trump".The Washington Post. RetrievedApril 2, 2025.
  41. ^Wagtendonk, Anya van (August 29, 2025)."Justice Rebecca Bradley will not seek reelection, setting up wide open Wisconsin Supreme Court race".WPR. RetrievedAugust 29, 2025.
  42. ^Spicuzza, Mary; Bice, Daniel (August 29, 2025)."Conservative Wisconsin Supreme Court Justice Rebecca Bradley will not seek reelection".Milwaukee Journal Sentinel. Archived fromthe original on August 29, 2025. RetrievedAugust 29, 2025.
  43. ^Beck, Molly (April 5, 2025)."Wisconsin Supreme Court Justice Rebecca Bradley announces she'll seek another 10-year term".Milwaukee Journal Sentinel. Archived fromthe original on April 5, 2025.

Further reading

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External links

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