Wisconsin Judge Election
Wisconsin has long been a political battleground, but in recent years, its judicial elections particularly for the state Supreme Court have become some of the most expensive and contentious in the nation.
Unlike federal judges, who are appointed for life, Wisconsin’s Supreme Court justices are elected in officially nonpartisan races that have become anything but.
With the court frequently deciding high-stakes cases on abortion, voting rights, and redistricting, control of the bench has turned into a proxy war between Democrats and Republicans, with millions of dollars flooding in from out-of-state interests.
The 2023 Wisconsin Supreme Court election, which flipped the court’s ideological balance, exemplifies how judicial races have been transformed into highly politicized, big-money contests raising serious concerns about judicial independence, the influence of dark money, and the erosion of public trust in the judiciary.
Wisconsin’s judicial elections were once low-key affairs, but after the U.
S.
Supreme Court’s decision (2010), spending exploded.
The 2023 race between Janet Protasiewicz (backed by liberals) and Dan Kelly (supported by conservatives) shattered records, with over spent more than any state Supreme Court race in U.
S.
history (Brennan Center for Justice, 2023).
-: Nearly 60% of spending came from third-party organizations, including the liberal and the conservative, funded by Illinois billionaire Richard Uihlein (Wisconsin Democracy Campaign, 2023).
-: Despite the nonpartisan label, ads framed the race in stark ideological terms.
Protasiewicz’s campaign emphasized her support for abortion rights, while Kelly’s allies attacked her as soft on crime.
Critics argue this flood of money turns judges into politicians in robes.
When justices are elected in campaigns funded by partisan interests, the public has every reason to question their impartiality, says legal scholar Joanna Shepherd (Yale Law Journal, 2021).
Wisconsin’s Supreme Court has become increasingly divided along partisan lines, with justices frequently issuing 4-3 rulings on major cases.
The 2023 election was seen as a referendum on key issues: -: After the U.
S.
Supreme Court overturned, Wisconsin’s 1849 abortion ban resurfaced.
Protasiewicz openly criticized the law, while Kelly avoided direct answers yet his past writings suggested opposition to (Milwaukee Journal Sentinel, 2023).
-: Wisconsin has some of the most gerrymandered legislative maps in the U.
S.
Protasiewicz’s victory shifted the court’s balance, leading to a 4-3 ruling striking down GOP-drawn maps in December 2023 (AP News, 2023).
Supporters of judicial elections argue they ensure accountability.
Voters should have a say in who interprets the law, says Rick Esenberg of the Wisconsin Institute for Law & Liberty.
But opponents counter that elections incentivize judges to cater to donors and activists rather than the law.
A major concern is the role of dark money funds from undisclosed donors.
In the 2020 Wisconsin Supreme Court race, spent over $2.
2 million on attack ads without revealing its donors (Center for Responsive Politics, 2023).
-: Unlike candidates, outside groups aren’t bound by judicial ethics rules prohibiting partisan bias.
Justice Rebecca Bradley, elected in 2016, faced criticism after accepting support from a super PAC that ran inflammatory ads (The Guardian, 2017).
-: Justices often refuse to recuse themselves from cases involving major donors.
In 2015, four Wisconsin justices declined to step aside in a case involving a group that spent millions to elect them (Brennan Center, 2015).
Several solutions have been proposed to depoliticize judicial elections: 1.: Matching small donations with public funds could reduce reliance on big donors.
2.: Judges could be appointed, then face retention elections (used in 20 states).
3.: Requiring justices to step aside when major donors are involved.
However, reforms face political hurdles.
Republicans, who benefit from the current system due to heavy conservative funding, have blocked changes.
The Wisconsin Supreme Court election of 2023 was more than a contest between two candidates it was a microcosm of America’s broader judicial crisis.
When judges are elected in partisan, big-money races, the line between law and politics blurs, undermining public confidence in the courts.
Unless Wisconsin adopts meaningful reforms, its judiciary risks being seen as just another political battleground where justice goes to the highest bidder.
- Brennan Center for Justice.
(2023).
.
- Wisconsin Democracy Campaign.
(2023).
- Yale Law Journal.
(2021).
- AP News.
(2023).
- Center for Responsive Politics.
(2023)