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Does Wisconsin's system of electing Judges and Justices create the appearance of being corrupt by receipt of campaign contributions from the litigants' attorneys?

By Steve Lombardi

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By taking money from lawyers, Wisconsin’s Supreme Court Chief Justice creates the appearance of being improperly influence. This post isn’t about actual corruption but the appearance of impropriety within the judicial system in America. Wisconsin elects its court judges. Real elections with real campaign war chests filled with dollars from contributors.

What would you think about a Chief Justice of the Wisconsin Supreme Court accepting $11,500 from lawyers with pending medical malpractice cases on review in the court? If you were the doctors and hospitals or Plaintiffs and the donating lawyers were on the opposing side, would that make you uncomfortable or suspect that justice may be tainted? I’ve heard it said that justice is blind but this is unbelievably blind.

The entire campaign for her reelection will raise over $1,000,000.00.

In this instance the Chief Justice is Shirley Abrahamson who accepts donations from lawyers with pending cases but not actual plaintiffs. Not actual plaintiffs? What about litigants such as insurance companies and hospitals? Do you accept donations from them or are injured people simply the problem? Because if it’s just people that are injured that she has a problem with then I’ve got some serious questions about how justice is being dispensed in Wisconsin.

Iowa doesn't elect judges and justices. In Iowa they are appointed which makes the Wisconsin system of electing judges seem out of step with modern ethics. Why would any judge or justice believe it proper to accept money from litigants or their attorneys? As officers of the Court Iowa rules of ethics require all to avoid even the appearance of impropriety. If this isn’t the appearance of impropriety then I must be blind to exactly what justice is supposed to be in the United States.

This is a shameful practice in Wisconsin that should be eliminated. The people of Wisconsin deserve better from the judicial system that is supposed to be above even the appearance of impropriety. I can’t even imagine writing a check and handing it to Iowa’s Chief Justice Marsha Ternus. The thought is too foreign to lawyers in Iowa. I dare say if a lawyer handed her money she’d probably have a heart attack.

Looking at the campaign contributions reports for the Wisconsin 2008 election term Abrahamson’s name does appear. The election is scheduled for April 6, 2009.

In the coming election Justice Abrahamson has raised over a million dollars, spent only $163,905 leaving $904,646 in her war chest. It’s not apparent if after leaving office who gets to keep that money. The spring report dated February 10, 2009 is immediately below.

Supreme Court

Candidate

Beginning
Cash

Raised

Spent

Ending
Cash

Abrahamson, Shirley S.*

$0

$1,068,551

$163,905

$904,646

Koschnick, Randy R.

$0

$53,674

$8,143

$45,531

And like all elections they keep getting more expensive. We aren’t talking about small amounts of contributions. In the spring of 1999 the total money raised by Abrahamson was almost three-quarters of a million dollars.

“In her 1999 reelection Abrahamson and her opponent spent a combined $1.39 million – the most ever spent by candidates in a Wisconsin judicial race until the 2007 Supreme Court contest.”

SPRING 1999

Election date: April 6, 1999

Candidates

Beginning
Cash

Total
Raised

Total
Spent

Ending
Cash

Shirley Abrahamson*

$30,537

$715,459

$745,996

$0

Sharren Rose

$0

$634,910

$639,894

-$4,984

Total

$30,537

$1,350,369

$1,385,890

-$4,984

*Incumbent

Justice Abrahamson’s complete 2008 Wisconsin Supreme Court report is available online and below.

2008 Supreme Court Campaign

Biography
Shirley S. Abrahamson

Chief Justice Shirley Abrahamson became the first female member of the Wisconsin Supreme Court in 1976 when she was appointed by then-Governor Patrick Lucey to fill a vacancy. She was later elected to 10-year terms on the court in 1979, 1989 and 1999.

In her 1999 reelection Abrahamson and her opponent spent a combined $1.39 million – the most ever spent by candidates in a Wisconsin judicial race until the 2007 Supreme Court contest.

Abrahamson became the first female chief justice of Wisconsin’s highest court in August 1996 when Chief Justice Roland Day retired.

Abrahamson was born in New York City on December 17, 1933 and received her law degree in 1956 from Indiana University Law School and her doctor of law in American legal history in 1962 from the University of Wisconsin Law School. Abrahamson practiced law in Madison for 14 years and was a professor at the UW Law School before she was appointed to the seven-member Supreme Court.

For information on her economic interests, a copy of the candidate's statement of economic interest filed with the GAB is also available.

2008 Supreme Court Campaign

Big Money Contributors* to:
Shirley S. Abrahamson

Contributors of $100 or more
January 1, 2008 through February 2, 2009**

Records: 2,968
Contributions: $887,741.29

Records 1-500

Records 501-1,000

Records 1,001-1,500

Records 1,501-2,000

Records 1,501-2,500

Records 2,501-2,968

*Excludes any contributions returned before July 2008.
**The Supreme Court election cycle lasts ten years. Chief Justice Abrahamson last ran for re-election in 1999 and terminated her committee at the end of that election. She reactivated her committee and resumed financial activity in February 2008.

2008 Supreme Court Campaign

PAC and Political Committee Contributions* to:
Shirley S. Abrahamson

January 1, 2008 through February 2, 2009**

PAC

Interest

Amount

AFSCME - Wisconsin Special Account

Labor Unions

$8,625.00

CWA Legislative Committee (Communications Workers of America)

Labor Unions

$8,625.00

MTI Voters (Madison Teachers Inc)

Labor Unions

$8,625.00

State Employee PAC (SEPAC-AFSCME 24)

Labor Unions

$8,625.00

WEAC PAC

Labor Unions

$8,625.00

Wisconsin Physician & Dentist

Health Professionals

$8,625.00

SEIU WI State Council (formerly WI Jt Council 4)

Labor Unions

$5,000.00

WI State AFL-CIO

Labor Unions

$5,000.00

WI Federation of Nurses & Health Professionals

Health Professionals

$4,000.00

WI Teamsters Joint Council 39

Labor Unions

$4,000.00

WEAC Fox Valley/Winnebagoland Educational Staff

Labor Unions

$3,400.00

Council 10 PAC

Labor Unions

$3,000.00

American Federation of Teachers #212

Labor Unions

$2,500.00

Cedar Lake United Educators

Labor Unions

$2,500.00

Northern WI Regional Council of Carpenters

Labor Unions

$2,500.00

Operating Engineers 139 PAC

Labor Unions

$2,500.00

Southwest Education Association (SWEA)

Labor Unions

$2,500.00

UAW Sheboygan Area PAC

Labor Unions

$2,500.00

Plumbers & Gasfitters Local 75

Labor Unions

$2,000.00

Professional Firefighters of WI

Labor Unions

$1,000.00

Friends of Dave Cieslewicz (Local-Madison, WI)

Political/Ideological

$500.00

TRUE (Three Rivers United Educators)

Labor Unions

$500.00

WI Bricklayers PAC

Labor Unions

$500.00

Friends of Scott McDonell (Local-Dane County)

Political/Ideological

$400.00

Friends of Louis Butler

Political/Ideological

$322.10

Friends of Mark Miller

Political/Ideological

$300.00

Dorothy Wheeler for County Board (Local-Dane Cty)

Political/Ideological

$200.00

Friends of Robert W. Wirch

Political/Ideological

$100.00

Citizens for Ron Dague

Political/Ideological

$50.00

Friends of Brett Hulsey (Local-Madison, WI)

Political/Ideological

$50.00

Friends of Robin Schmidt (Local-Dane County, WI)

Political/Ideological

$50.00

Total PAC Contributions: $97,122.10

*Excludes any contributions returned before July 2008.
**The Supreme Court election cycle lasts ten years. Chief Justice Abrahamson last ran for re-election in 1999 and terminated her committee at the end of that election. She reactivated her committee and resumed financial activity in

On December 29, 2008 Justice Abrahamson filed her statement of economic interest showing no apparent financial conflicts as her investments seem pretty much in mutual funds or other combined group investments.

I'm not saying Justice Abrahamson is corrupt, there is no indication of actual corruption. But is this right and does it create an appearance of impropriety for the Justices and Judges? The Wisconsin system of electing the judiciary is far from perfect and does create an appearance of being easily corrupted. Is it? Who knows, only those involved would know the answer to that question? Is this what the people of Wisconsin want for a system of justice? Can they do better? Iowa wouldn’t stand for it.

You be the judge. Join us later today for a review of actual campaign ads run in Wisconsin's judicial elections.

Originally posted at InjuryBoard by Steve Lombardi

Full post as published by Des Moines Personal Injury Lawyer on February 16, 2009 (boomark / email).

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