# Bellweather Wisconsin Supreme Court election on Tuesday **URL:** \ **Category:** Politics & Elections\ **Created:** [April 3, 2011, 1:38am UTC](https://boards.straightdope.com/t/bellweather-wisconsin-supreme-court-election-on-tuesday/576997 "2011-04-03T01:38:20Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\ **Post date:** [April 3, 2011, 1:38am UTC](https://boards.straightdope.com/t/bellweather-wisconsin-supreme-court-election-on-tuesday/576997/1 "2011-04-03T01:38:20Z")
David Prosser is running for re-election to the WI Supreme court (it is a ten-year term). The election is next Tuesday, April 5. He is a conservative Republican, and certainly didn’t hide it while he was in the state legislature. Which isn’t a problem. But, a press release released by his campaign last December is. This was after Scott Walker’s election as governor but before the controversy about disempowering union bargaining rights for public employees. Among other things it said, “Our campaign efforts will include building an organization that will return Justice Prosser to the bench, protecting the conservative judicial majority and acting as a common sense compliment to both the new administration and legislature.” Prosser claims his campaign released it without his knowledge or review, though not until “weeks later”. [Here is a Politifacts article about the issue.](http://www.politifact.com/wisconsin/statements/2011/mar/27/joanne-kloppenburg/kloppenburg-says-wisconsin-supreme-court-justice-p/) Prosser has disavowed the press release, but not the campaign manager who issued it, and who later had several email exchanges with the opposition campaign where he said much the same thing. So the anti-Prosser forces are trying, and largely succeeding, I think, to stick Prosser with the label “Prosser Equals Walker”. His opponents have one more ugly thing they are sticking to him – child abuse enabler. The facts are not really contested. 30 years ago when he was a county prosecutor, the mother of two Catholic schoolboys approached him with an accusation that a priest was molesting her children. Prosser did not lay any charges or even ask the police to investigate. He spoke privately with the bishop of the diocese, and the priest was transferred away. Almost forgot, the priest continued molesting kids for another 20 or so years. What is at issue is why Prosser did, or failed to do, what would seem to be his obvious duty. He claims there wasn’t enough evidence, and that testifying would be bad for the kids. Of course, with no police investigation… ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [April 4, 2011, 3:41am UTC](https://boards.straightdope.com/t/bellweather-wisconsin-supreme-court-election-on-tuesday/576997/2 "2011-04-04T03:41:49Z")
I don’t get it. What’s wrong with the release? That it paints him as a supporter of the governor? I don’t see why that’s an issue for a judiciary which is itself elected. ---
**Author:** ![wonky](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wonky/32/393_2.png) [@wonky](https://boards.straightdope.com/u/wonky)\ **Post date:** [April 4, 2011, 4:44am UTC](https://boards.straightdope.com/t/bellweather-wisconsin-supreme-court-election-on-tuesday/576997/3 "2011-04-04T04:44:11Z")
I took it that the release was bad news for Prosser because it ties him pretty closely with Walker and Walker may not be someone he really wants to be tied closely to right now for his own political future. ---
**Author:** ![Frank](https://avatars.discourse-cdn.com/v4/letter/f/3d9bf3/32.png) [@Frank](https://boards.straightdope.com/u/Frank)\ **Post date:** [April 4, 2011, 4:52am UTC](https://boards.straightdope.com/t/bellweather-wisconsin-supreme-court-election-on-tuesday/576997/4 "2011-04-04T04:52:29Z")
> [@jsgoddess](#): > > I took it that the release was bad news for Prosser because it ties him pretty closely with Walker and Walker may not be someone he really wants to be tied closely to right now for his own political future. It’s a fair cop, isn’t it? If he wants to be elected due to the fact that he will support Walker, then he says so, and the voters decide. That’s primarily why I didn’t respond to the OP: especially after recent events in Wisconsin, it’s completely a bellwether vote. It’s extremely clear to the voters as to the direction their vote will mean, and it’s entirely up to them. ---
**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\ **Post date:** [April 4, 2011, 5:54am UTC](https://boards.straightdope.com/t/bellweather-wisconsin-supreme-court-election-on-tuesday/576997/5 "2011-04-04T05:54:15Z")
It’s pretty obvious that he authorized that stuff, but is only saying he didn’t to appeal to those who think a judge should not be political. That way he gets to have it both ways, like a politician who says they won’t mudsling at their opponent, pretending to object when other people in his party do it for him. ---
**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\ **Post date:** [April 4, 2011, 9:48am UTC](https://boards.straightdope.com/t/bellweather-wisconsin-supreme-court-election-on-tuesday/576997/6 "2011-04-04T09:48:55Z")
Court elections in Wisconsin are non-partisan by law. Candidates are not supposed to identify with any political party. There is also an issue of judging cases based on ideology. Cases are supposed to be decided strictly on their legal merits. It is very bad form, to say the least, to suggest that you will be a judicial “complement” to a conservative legislature. ---
**Author:** ![jayjay](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jayjay/32/6765_2.png) [@jayjay](https://boards.straightdope.com/u/jayjay)\ **Post date:** [April 4, 2011, 3:02pm UTC](https://boards.straightdope.com/t/bellweather-wisconsin-supreme-court-election-on-tuesday/576997/7 "2011-04-04T15:02:36Z")
Prosser is also losing ground because of the recent publicization of his verbal attacks on the state Chief Justice and another Justice on the WISC, calling the Chief Justice a “total bitch” and swearing to “destroy” her, and then claiming that the CJ and this other Justice “made” him do that. Not really judicial temper, is it? ---
**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\ **Post date:** [April 4, 2011, 3:31pm UTC](https://boards.straightdope.com/t/bellweather-wisconsin-supreme-court-election-on-tuesday/576997/8 "2011-04-04T15:31:16Z")
> [@jayjay](#): > > Prosser is also losing ground because of the recent publicization of his verbal attacks on the state Chief Justice and another Justice on the WISC, calling the Chief Justice a “total bitch” and swearing to “destroy” her, and then claiming that the CJ and this other Justice “made” him do that. > > Not really judicial temper, is it? [He also says the liberal members of the court are ganging up on him](http://www.wispolitics.com/INDEX_PDA.IML?Article=232069). He also defended his “total bitch” comment by saying it “was entirely warranted”. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [April 4, 2011, 4:28pm UTC](https://boards.straightdope.com/t/bellweather-wisconsin-supreme-court-election-on-tuesday/576997/9 "2011-04-04T16:28:09Z")
From the OP’s link: > [@](#): > > The fact that Prosser disavowed one statement, about his being a “complement” to Walker and other GOP leaders, indicates he had concern about signaling how he might rule on cases. > > But Kloppenburg didn’t accuse Prosser of giving signals. She said he had “prejudged matters that are likely to come before the court.” Yet she could provide no examples. > > We rate Kloppenburg’s claim Barely True. ---
**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\ **Post date:** [April 4, 2011, 5:48pm UTC](https://boards.straightdope.com/t/bellweather-wisconsin-supreme-court-election-on-tuesday/576997/10 "2011-04-04T17:48:22Z")
> [@Boyo\_Jim](#): > > His opponents have one more ugly thing they are sticking to him – child abuse enabler. The facts are not really contested. 30 years ago when he was a county prosecutor, the mother of two Catholic schoolboys approached him with an accusation that a priest was molesting her children. Prosser did not lay any charges or even ask the police to investigate. He spoke privately with the bishop of the diocese, and the priest was transferred away. Almost forgot, the priest continued molesting kids for another 20 or so years. What is at issue is why Prosser did, or failed to do, what would seem to be his obvious duty. He claims there wasn’t enough evidence, and that testifying would be bad for the kids. Of course, with no police investigation… One of the victims seems to be claiming that this is [bullshit](http://www.youtube.com/watch?v=JX7Y8Flgu9o). ---
**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\ **Post date:** [April 4, 2011, 5:56pm UTC](https://boards.straightdope.com/t/bellweather-wisconsin-supreme-court-election-on-tuesday/576997/11 "2011-04-04T17:56:19Z")
> [@](#): > > But Kloppenburg didn’t accuse Prosser of giving signals. She said he had “prejudged matters that are likely to come before the court.” Yet she could provide no examples. I find this quote itself misleading. Politifacts asked a campaign spokeswoman, who could provide no specific examples. Kloppenburg herself, however, did provide some specifics, [which you can assess in this candidate interview](http://www.postcrescent.com/apps/pbcs.dll/article?AID=/99999999/APC0101/80910133&template=livestream). Whether those accusations are correct is a separate question, of course. ---
**Author:** ![wonky](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wonky/32/393_2.png) [@wonky](https://boards.straightdope.com/u/wonky)\ **Post date:** [April 4, 2011, 6:01pm UTC](https://boards.straightdope.com/t/bellweather-wisconsin-supreme-court-election-on-tuesday/576997/12 "2011-04-04T18:01:20Z")
> [@pkbites](#): > > One of the victims seems to be claiming that this is [bullshit](http://www.youtube.com/watch?v=JX7Y8Flgu9o). Well, that seems like a pretty easy factual thing to prove for people who want to investigate it, doesn’t it? Of course, the video is a little vague since it says “Brought to justice” but I would think someone would be able to find out if the priest were prosecuted and convicted, wouldn’t they? ---
**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\ **Post date:** [April 4, 2011, 6:06pm UTC](https://boards.straightdope.com/t/bellweather-wisconsin-supreme-court-election-on-tuesday/576997/13 "2011-04-04T18:06:43Z")
> [@pkbites](#): > > One of the victims seems to be claiming that this is [bullshit](http://www.youtube.com/watch?v=JX7Y8Flgu9o). Yes, that is making the rounds. The priest was indeed convicted of the abuse of the two Wisconsin kids – some 25 years later. It happened in 1978, the guy was finally convicted in 2003. By that time Prosser was already on the WI Supreme court, so the only only official role he could have had was to affirm a conviction. ---
**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\ **Post date:** [April 4, 2011, 6:16pm UTC](https://boards.straightdope.com/t/bellweather-wisconsin-supreme-court-election-on-tuesday/576997/14 "2011-04-04T18:16:43Z")
> [@pkbites](#): > > One of the victims seems to be claiming that this is [bullshit](http://www.youtube.com/watch?v=JX7Y8Flgu9o). Just found another article about this particular victim. [In 2008, he was quoted in the Milwaukee Journal Sentinal as saying:](http://www.jsonline.com/news/milwaukee/29510659.html) > [@](#): > > One of Feeney’s victims, Troy Merryfield, on Monday called on Prosser to step aside when cases involving priest sexual misconduct come before the high court. > > “He knows damn well what happened and what was said,” said Merryfield, now 43. “He dropped the ball, and he should recuse himself.” Why this major change two years later, I can’t explain. ---
**Author:** ![wonky](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wonky/32/393_2.png) [@wonky](https://boards.straightdope.com/u/wonky)\ **Post date:** [April 4, 2011, 6:18pm UTC](https://boards.straightdope.com/t/bellweather-wisconsin-supreme-court-election-on-tuesday/576997/15 "2011-04-04T18:18:53Z")
And apparently the anti-Prosser ad didn’t name names and Troy Merryfield doesn’t live in Wisconsin. It’s a bit odd. I probably would have asked to have the ad pulled were I running against Prosser. ---
**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\ **Post date:** [April 4, 2011, 6:29pm UTC](https://boards.straightdope.com/t/bellweather-wisconsin-supreme-court-election-on-tuesday/576997/16 "2011-04-04T18:29:45Z")
> [@jsgoddess](#): > > And apparently the anti-Prosser ad didn’t name names and Troy Merryfield doesn’t live in Wisconsin. It’s a bit odd. I probably would have asked to have the ad pulled were I running against Prosser. It’s pretty standard not to publicly name the victims in sex abuse cases. ---
**Author:** ![wonky](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wonky/32/393_2.png) [@wonky](https://boards.straightdope.com/u/wonky)\ **Post date:** [April 4, 2011, 6:38pm UTC](https://boards.straightdope.com/t/bellweather-wisconsin-supreme-court-election-on-tuesday/576997/17 "2011-04-04T18:38:48Z")
> [@Boyo\_Jim](#): > > It’s pretty standard not to publicly name the victims in sex abuse cases. I know. It’s odd that someone is running in from Virginia claiming to have been victimized by an ad that didn’t mention him by name. ---
**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\ **Post date:** [April 4, 2011, 7:07pm UTC](https://boards.straightdope.com/t/bellweather-wisconsin-supreme-court-election-on-tuesday/576997/18 "2011-04-04T19:07:59Z")
> [@jsgoddess](#): > > I know. It’s odd that someone is running in from Virginia claiming to have been victimized by an ad that didn’t mention him by name. I’m curious why you would ask for the ad to be pulled. I’ve seen most of the ads on both sides of this campaign, and IMO it is by far the most effective. When I first heard it, I was pretty shocked, and didn’t quite believe it. So I went and did some research, and IMO it’s a very solid and correct accusation. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [April 4, 2011, 10:38pm UTC](https://boards.straightdope.com/t/bellweather-wisconsin-supreme-court-election-on-tuesday/576997/19 "2011-04-04T22:38:34Z")
> [@Boyo\_Jim](#): > > I find this quote itself misleading. Politifacts asked a campaign spokeswoman, who could provide no specific examples. Kloppenburg herself, however, did provide some specifics, [which you can assess in this candidate interview](http://www.postcrescent.com/apps/pbcs.dll/article?AID=/99999999/APC0101/80910133&template=livestream). Whether those accusations are correct is a separate question, of course. That link goes to an interview with the Wisconsin Timber Rattlers’ president. ---
**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\ **Post date:** [April 4, 2011, 11:10pm UTC](https://boards.straightdope.com/t/bellweather-wisconsin-supreme-court-election-on-tuesday/576997/20 "2011-04-04T23:10:30Z")
> [@Bricker](#): > > That link goes to an interview with the Wisconsin Timber Rattlers’ president. Sorry. I tested it and it worked for me, but perhaps because I had previously selected the correct video choice below the “monitor” screen. There is a slider bar that scrolls through a bunch of interview thumbnails. The relevant one is labeled “Newsmakers: Supreme Court Candidate”. It’s pretty long, but the bias accusation is very early. [Next page](https://boards.straightdope.com/t/bellweather-wisconsin-supreme-court-election-on-tuesday/576997.md?page=2)