% >> A PBS WISCONSIN ORIGINAL
% PRODUCTION.
% THE FOLLOWING PROGRAM IS PART OF
% OUR "HERE AND NOW" 2020 ELECTION
% COVERAGE.
% >> I'M ZAC SCHULTZ.
% WELCOME TO A SPECIAL EDITION OF
% "HERE AND NOW" ON PBS WISCONSIN.
% AND HELLO TO PEOPLE LISTENING
% AROUND THE STATE ON WISCONSIN
% PUBLIC RADIO.
% WHILE OFFICIALS AND RESIDENTS
% AROUND THE STATE COPE WITH THE
% COVID-19 PANDEMIC, WISCONSIN
% ELECTION CLERKS ARE TRYING TO
% FIGURE OUT HOW THEY WILL PULL
% OFF THE APRIL 7 SPRING ELECTION.
% IN ADDITION TO THE PRESIDENTIAL
% PRIMARY, THE MOST PROMINENT RACE
% ON THE BALLOT IS FOR THE
% WISCONSIN SUPREME COURT AND
% TONIGHT WE HAVE INTERVIEWS WITH
% BOTH CANDIDATES.
% IT'S A SPECIAL EDITION OF "HERE
% AND NOW," WISCONSIN'S RACE FOR
% THE SUPREME COURT.
% >> FUNDING FOR "HERE AND NOW" IS
% PROVIDED BY THE FOCUS FUND FOR
% JOURNALISM AND FRIENDS OF PBS
% WISCONSIN.
% >> INCUMBENT JUSTICE DAN KELLY
% WAS APPOINTED TO THE WISCONSIN
% SUPREME COURT BY FORMER GOVERNOR
% SCOTT WALKER.
% THE REPUBLICAN PARTY OF
% WISCONSIN AND OTHER CONSERVATIVE
% GROUPS ARE CAMPAIGNING FOR HIM.
% JUDGE JILL KAROFSKY WAS ELECTED
% TO THE DANE COUNTY BENCH.
% THE DEMOCRATIC OF WISCONSIN AND
% OTHER LIBERAL GROUPS ARE
% CAMPAIGNING FOR HER.
% FOR MOST OF YOU, THAT'S ALL THE
% INFORMATION YOU NEED TO DECIDE
% HOW TO VOTE AND MANY PEOPLE HAVE
% ALREADY CAST THEIR BALLOTS.
% FOR THOSE OF YOU WHO HAVEN'T
% DECIDED YET, WE HOPE THESE
% INTERVIEWS WILL HELP INFORM YOUR
% DECISION.
% WE BEGIN WITH THE CHALLENGER.
% JILL KAROFSKY IS A DANE COUNTY
% CIRCUIT COURT JUDGE.
% SHE SERVED AS THE EXECUTIVE
% DIRECTOR OF THE STATE OFFICE OF
% CRIME VICTIM SERVICES.
% SHE'S ALSO A FORMER STATE
% ASSISTANT JOURNAL GENERAL AND
% JOINS US BY SKYPE.
% LET'S START BY ADDRESSING THE
% STATEWIDE EMERGENCY CALLED BY
% GOVERNOR EVERS.
% THIS WEEK HE ISSUED A SAFER AT
% HOME ORDER THAT PROHIBITS ALL
% NONESSENTIAL TRAVEL.
% WHAT ARE THE LEGAL POWERS TO
% ENFORCE THESE ORDERS AND WOULD
% IT BE UP TO THE COURTS TO
% DETERMINE IF AN ORDER BECOMES
% TOO UNREASONABLE?
% >> WE ALL NEED TO DO EVERYTHING
% WE CAN TO BE SAFE AND TO MAKE
% SURE OUR NEIGHBORS AND OUR
% FAMILY MEMBERS AND THOSE AROUND
% US ARE SAFE.
% IN OUR CAMPAIGN, WHAT WE HAVE
% DONE IS GONE VIRTUAL.
% WE ARE HAVING NO MORE IN-PERSON
% EVENTS.
% WE ARE MAKING SURE, THOUGH, THAT
% WE ARE STILL GETTING OUR MESSAGE
% OUT EVERY WAY WE CAN WITH,
% WHETHER IT'S A FACEBOOK OR
% TWITTER OR EMAIL OR TEXT, DOING
% INTERVIEWS LIKE THIS.
% I WANT TO BE CAREFUL TO COMMENT
% ON THE GOVERNOR'S LEGAL
% AUTHORITY BECAUSE THAT ISSUE
% COULD GET UP TO THE WISCONSIN
% SUPREME COURT AND WHEN I WIN
% THIS RACE, IT'S AN ISSUE I WOULD
% HAVE TO WEIGH IN ON.
% SO I'M GOING TO WITH ALL DUE
% RESPECT NOT DIRECTLY ANSWER THAT
% QUESTION.
% BUT I DO THINK THAT IT'S
% INCUMBENT UPON ALL OF US TO DO
% WHAT WE CAN TO STAY SAFE, WHICH
% IS WHY I'M APPEARING BY SKYPE
% TODAY.
% I'M HERE IN MY KITCHEN, WHERE
% I'M TELLING MY KIDS TO WASH
% THEIR HANDS ABOUT EVERY 20
% SECONDS.
% >> AT WHAT POINT DO YOU AS A
% MEMBER OF THE COURT START
% THINKING ABOUT THESE LEGAL
% ISSUES THAT COULD COME BEFORE
% YOU?
% >> WE WOULD START THINKING ABOUT
% THEM WHEN A LAWSUIT MAKES ITS
% WAY THROUGH THE CIRCUIT COURT,
% COURT OF APPEALS AND GETS TO THE
% WISCONSIN STATE SUPREME COURT.
% >> BUT YOU DON'T PONDER WHAT MAY
% HAPPEN NOW IF YOU SEE A LEGAL
% OPINION THAT'S THROWN AROUND ON
% THE INTERNET?
% >> WHEN I AM THINKING ABOUT
% COVID-19 RIGHT NOW, I AM
% THINKING ABOUT HOW I CAN KEEP MY
% FAMILY SAFE.
% MY CONCERN RIGHT NOW AS A
% CIRCUIT COURT JUDGE AND THE ONLY
% PERSON IN THIS RACE WHO IS A
% TRIAL COURT JUDGE, I AM TRYING
% TO FIGURE OUT HOW DO I DO MY JOB
% RIGHT NOW?
% I HAVE BEEN WORKING HARD WITH MY
% COLLEAGUES TO FIGURE OUT WHAT
% OUR APPROACH NEEDS TO BE.
% WE'RE NO LONGER HAVING JURY
% TRIALS THROUGHOUT THE STATE, BUT
% THERE ARE SOME OTHER HEARINGS
% THAT WE MUST HAVE.
% AND SO WE ARE USING DIFFERENT
% APPS SO WE CAN STILL HOLD
% HEARINGS SO THAT PEOPLE ARE
% AFFORDED THEIR CONSTITUTIONAL
% RIGHTS AND I'M CONSTANT
% BALANCING THAT WITH THE SAFETY
% OF OUR COMMUNITY.
% I'M THE ONLY PERSON IN THIS RACE
% WHO'S HAVING TO DO THIS RIGHT
% NOW.
% THAT'S THE KIND OF EXPERIENCE
% I'M GOING TO BRING TO THE
% WISCONSIN STATE SUPREME COURT.
% >> YOU MENTIONED THE
% POSTPONEMENT OF ALL JURY TRIALS
% THAT'S BEEN DONE BY THE SUPREME
% COURT.
% YOUR OPPONENT SAID THIS
% EMERGENCY DOES NOT WARRANT
% SUSPENDING THE RIGHT TO A SPEEDY
% TRIAL.
% WHAT DO YOU THINK WITH THE ORDER
% FROM THE COURT?
% >> AS FAR AS I HAVE MYSELF AND
% MY BRANCH, WE HAD ONE CASE WE
% MOVED BACK TWO WEEKS AND I DO
% NOT BELIEVE THAT THAT IS GOING
% TO -- I WAS COMFORTABLE DOING
% THAT, OBVIOUSLY.
% AND I DON'T WANT TO GET INTO
% DETAILS ABOUT ANY CASE THAT I
% HAVE BEFORE ME, BUT WE HAD
% TALKED ABOUT IT WITH THE PARTIES
% AHEAD OF TIME THAT WE HAD SAVED
% A DATE AT THE END OF MAY AND
% THAT'S WHAT WE'RE DOING IN OUR
% CASE.
% >> BUT IS THIS A THREAT TO THE
% SIXTH AMENDMENT AS YOUR OPPONENT
% SEEMS TO SAY IN THAT DISSENT?
% >> AS FAR AS I'M CONCERNED, ANY
% DECISION THAT I HAVE MADE IN MY
% COURT, I HAVE MADE AND IT IS
% CONSTITUTIONAL AND IT WILL HOLD
% UP, ASSUMING THAT THE
% CONSTITUTION IS APPLIED THE WAY
% THAT IT SHOULD BE.
% >> GOVERNOR EVERS HAS SUSPENDED
% ALL ADMISSIONS TO STATE PRISON,
% LEAVING INMATES IN COUNTY JAILS.
% DO YOU AGREE WITH THAT POLICY?
% AT WHAT POINT DOES THE EMERGENCY
% COME INTO CONFLICT WITH DUE
% PROCESS IN THAT AREA?
% >> WELL, WE ARE IN DANE COUNTY
% TAKING IT CASE BY CASE.
% SO I WAS ASSIGNED OVER 1700
% CASES LAST YEAR, AND IN EACH OF
% THOSE CASES WE ARE PAINSTAKINGLY
% GOING THROUGH AND IDENTIFYING
% CASES WHERE A SENTENCE COULD BE
% STAYED FOR A SHORT PERIOD OF
% TIME AND IN SOME CASES SENTENCES
% CAN'T BE STAYED.
% IT WOULD BE A DANGER TO THE
% COMMUNITY.
% IT WOULD BE A DANGER TO THE
% VICTIMS.
% WE ARE LOOKING AT BAIL
% CONDITIONS.
% WE ARE LOOKING AT EVERY SINGLE
% PART OF A CASE TO DETERMINE THE
% CORRECT RESPONSE.
% AND, AGAIN, THAT IS AN
% EXPERIENCE THAT I'M GOING TO
% BRING TO THE WISCONSIN STATE
% SUPREME COURT THAT MY OPPONENT
% DOESN'T HAVE.
% THIS IS A GUY WHO HAS NEVER
% PRESIDED OVER ANY CASE.
% HE WAS APPOINTED TO THE
% WISCONSIN STATE SUPREME COURT
% WITHOUT HAVING ONE MINUTE OF
% JUDICIAL EXPERIENCE.
% HE NEVER HAD TO MAKE THE TYPES
% OF DECISION THAT I AM HAVING TO
% MAKE MANY, MANY TIMES A DAY, DAY
% IN AND DAY OUT.
% HE WAS APPOINTED FOR ONE REASON
% AND ONE REASON ONLY AND IT WAS
% BECAUSE HIS RIGHT WING AGENDA
% MATCHED UP WITH THE RIGHT WING
% AGENDA OF SCOTT WALKER.
% >> YOU MENTIONED YOU'VE TALKED
% ABOUT HIM BEING APPOINTED TO
% CARRY WATER FOR RIGHT WING
% SPECIAL INTERESTS.
% HE SAYS THAT YOU ARE SLANDERING
% MEMBERS OF THE COURT THAT AGREE
% WITH THOSE DECISIONS HE'S MADE.
% ARE YOUR STATEMENTS SLANDEROUS
% AND ARE YOU TRYING TO LUMP IN
% OTHER MEMBERS OF THE COURT THAT
% AGREE WITH HIS DECISIONS?
% >> I AM RUNNING AGAINST ONE
% MEMBER OF THE COURT, DAN KELLY.
% EVERY FIRST YEAR LAW STUDENT
% KNOWS THAT THE DEFENSE TO
% SLANDER IS THE TRUTH.
% AND WHAT I AM TALKING ABOUT IS
% THE TRUTH.
% AND WHEN YOU LOOK AT HIS
% DECISIONS, WHEN EVERY SINGLE
% TIME HE HAS HAD THE OPPORTUNITY
% TO RULE IN FAVOR OF THE RIGHT
% WING SPECIAL INTERESTS, HE HAS
% DONE IT.
% EVERY SINGLE TIME HE HAS HAD THE
% OPPORTUNITY TO MAKE A DECISION
% -- HE'S MADE PROCEDURAL
% DECISIONS THAT BENEFIT THE RIGHT
% WING SPECIAL INTERESTS.
% IF YOU LOOK AT THE LAME DUCK
% CASE, WHERE THEY JUST TOOK THAT
% CASE, PLUCKED IT RIGHT FROM THE
% TRIAL COURT, WITHOUT EVER HAVING
% A HEARING AND KNOWING WHAT THE
% EVIDENCE WAS, SO THAT HE COULD
% GET TO THAT CASE AND SO HE COULD
% MAKE A DECISION AS FAST AS HE
% COULD.
% IF YOU LOOK AT THE RECUSAL LAW,
% WE HAVE ONE OF THE WEAKEST
% RECUSAL RULES IN THE UNITED
% STATES.
% OUR RECUSAL RULE WAS DRAFTED BY
% THE WISCONSIN MANUFACTURERS OF
% COMMERCE AND THE REALTORS
% ASSOCIATION.
% THAT IS A RULE THAT DAN KELLY
% HAS STOOD BY.
% HE WANTS TO HAVE SPECIAL
% INFLUENCES HAVE AN IMPACT ON
% THESE RACES.
% HE IS HAPPY TO TAKE THEIR MONEY
% AND THEY ARE MORE THAN HAPPY TO
% BENEFIT BY HIS DECISIONS.
% WHAT WE HAVE IS A FOR SALE SIGN
% ON OUR SUPREME COURT.
% >> NOW, IF ELECTED, HOW WILL YOU
% WORK WITH MEMBERS OF THE COURT
% THAT HAVE SAID YOU ARE NOT FIT
% TO SERVE ON THE COURT?
% >> LOOK, I AGREE WITH THE
% MEMBERS OF THE COURT WHO SAY
% THAT WE NEED TO HAVE A SUPREME
% COURT WITH INTEGRITY.
% PEOPLE NEED TO HAVE CONFIDENCE
% IN OUR SUPREME COURT.
% I AGREE WITH THEM.
% THEY ARE ABSOLUTELY RIGHT.
% THE PROBLEM IS NOT -- THE
% PROBLEM IS THIS.
% THE PROBLEM IS THAT DAN KELLY
% HAS AN AGENDA.
% NOT THAT I'M SHINING A LIGHT ON
% THE FACT THAT HE HAS AN AGENDA.
% AND IF WE WANT TO BRING
% INTEGRITY TO THE SUPREME COURT,
% WE NEED TO REPLACE DAN KELLY ON
% APRIL 7.
% >> DO YOU BELIEVE HE IS
% QUALIFIED AND FIT TO SERVE ON
% THE SUPREME COURT?
% >> I THINK DAN KELLY WAS PUT ON
% THE COURT FOR ONE REASON ONLY
% AND THAT IS TO CARRY THE WATER
% OF THE RIGHT WING SPECIAL
% INTERESTS, OF CORPORATIONS, OF
% THE WEALTHY, AND HE HAS DONE
% JUST THAT.
% HE HAS NOT SPILLED A DROP OF
% THEIR WATER.
% >> SWITCHING TOPICS, THE CHIEF
% JUSTICE OF THE SUPREME COURT HAS
% SUBMITTED A PILOT COURT TO DANE
% COUNTY THAT WOULD ALLOW HER TO
% HAND PICK JUDGES TO PRESIDE OVER
% BUSINESS LAWSUITS.
% DO YOU AGREE WITH THAT PROJECT
% AND WHAT ARE THE RAMIFICATIONS
% OF IT?
% >> I THINK THAT APPEARANCES ARE
% VERY, VERY IMPORTANT.
% AND I AGREE WITH MANY OF MY
% COLLEAGUES ON THE DANE COUNTY
% BENCH.
% WHEN YOU HAVE A SYSTEM THAT
% APPEARS TO BE TWO-TIERED, THAT
% THERE IS ONE SYSTEM OF JUSTICE
% FOR BIG BUSINESS AND ONE SYSTEM
% OF JUSTICE FOR THE REST OF US,
% THAT REALLY IS TROUBLING TO
% MANY, MANY PEOPLE.
% LOOK, I PRESIDE OVER MANY, MANY
% CRIMINAL CASES IN A YEAR.
% AND EVERY SINGLE VICTIM IN EVERY
% ONE OF THOSE CASES WOULD LIKE
% THEIR CASE TO GET TO A RESULT
% FASTER.
% SAME FOR DEFENDANTS.
% THEY WANT THESE CASES TO REACH A
% RESOLUTION.
% PEOPLE NEED FINALITY.
% AND TO SAY THAT WE'RE GOING TO
% GIVE ONE GROUP OF PEOPLE
% FINALITY AND A QUICKER
% RESOLUTION IN THEIR CASES RATHER
% THAN ANOTHER GROUP OF PEOPLE
% JUST SEEMS TO ME TO LOOK LIKE WE
% HAVE A SYSTEM THAT ISN'T FAIR TO
% EVERYBODY.
% >> NOW, A NUMBER OF COUNTY
% MUNICIPAL CLERKS FROM AROUND THE
% STATE HAVE CALLED FOR THIS
% ELECTION TO BE POSTPONED.
% THEY'VE EVEN FILED A FEDERAL
% LAWSUIT.
% DO YOU AS A CANDIDATE AGREE WITH
% THE IDEA OF POSTPONING THIS
% ELECTION?
% >> WHAT WE ARE ENCOURAGING
% PEOPLE TO DO IS TO VOTE
% ABSENTEE.
% PEOPLE CAN STILL GET ON
% MYVOTE.WI..GOV UNTIL THE 30TH.
% YOU CAN GET AN ABSENTEE BALLOT
% UNTIL APRIL 2.
% YOUR BALLOT HAS TO BE RECEIVED
% BY THE CLERK BY APRIL 7 AT 8:00.
% AND THAT'S WHAT WE ARE
% ENCOURAGING PEOPLE TO DO.
% >> DO YOU HAVE AN OPINION ON
% EXTENDING ANY OF THOSE DEADLINES
% DUE TO THE PANDEMIC?
% >> LOOK, AS WE'RE RECORDING
% THIS, THE ELECTION IS APRIL 7
% AND THAT IS WHAT WE ARE FOCUSED
% ON TODAY.
% >> YOUR OPPONENT WAS FIRST
% APPOINTED TO THE COURT.
% YOU'RE RUNNING IN A STATEWIDE
% ELECTION.
% WHICH IS THE BEST WAY TO SERVE
% MEMBERS OF THE WISCONSIN SUPREME
% COURT, ESPECIALLY CONSIDERING
% HOW UGLY SOME OF THESE RACES
% HAVE BECOME IN RECENT YEARS?
% >> I THINK IT IS REALLY
% IMPORTANT THAT WE HAVE THESE
% ELECTIONS.
% I HAVE LEARNED SO MUCH BY
% TRAVELING ALL AROUND THE STATE
% OF WISCONSIN AND LISTENING TO
% PEOPLE AROUND THE STATE OF
% WISCONSIN.
% AND IF WE WANT TO CHANGE THESE
% ELECTIONS, IF WE WANT TO STOP
% THE INFLUENCE OF THE OUTSIDE
% MONEY THAT COMES INTO THESE
% RACES, WHAT WE NEED TO DO IS,
% NUMBER ONE, WE NEED TO ELECT
% JUSTICES WHO ARE WILLING TO LOOK
% AT OUR RECUSAL RULE.
% THAT IS WHAT I AM WILLING TO DO.
% SECOND, WE NEED JUSTICES THEN TO
% CHANGE THE RECUSAL RULE IN THIS
% STATE SO THAT WHEN THE OUTSIDE
% MONEY COMES IN IN A CAMPAIGN, A
% JUDGE OR A JUSTICE WILL NOT SIT
% ON THOSE CASES.
% AND THAT IS NOT WHAT WE HAVE --
% THAT'S NOT WHAT WE'RE SEEING
% TODAY AND DAN KELLY IS AGAINST
% THAT.
% >> BUT DIRECT ELECTIONS BY THE
% POPULACE IS STILL THE BEST WAY
% TO FILL OUR SUPREME COURT?
% >> I BELIEVE SO, YES.
% >> NOW, YOU'VE GOT A FEW SECONDS
% LEFT.
% PLEASE GIVE ME YOUR BEST SUMMARY
% OF WHY VOTERS SHOULD VOTE FOR
% ME?
% >> VOTERS SHOULD VOTE FOR ME
% BECAUSE I HAVE THE EXPERIENCE
% THAT WE NEED ON THE WISCONSIN
% SUPREME COURT.
% I'M THE ONLY PERSON IN THIS RACE
% WHO HAS BEEN A TRIAL COURT
% JUDGE.
% I SEE HOW THE LAW IMPACTS REAL
% PEOPLE EVERY SINGLE DAY.
% IN MY COURTROOM, WE FOLLOW THE
% RULE OF LAW, AND I TREAT
% EVERYONE IN MY COURTROOM FAIRLY
% AND EQUALLY AND RESPECTFULLY.
% I'VE ALSO GOT THE WISCONSIN
% VALUES THAT I'M GOING TO BRING
% TO THE WISCONSIN SUPREME COURT
% AND I'M ALSO GOING TO BRING MY
% TOUGHNESS AND MY INDEPENDENCE.
% AND I WILL URGE VOTERS TO VOTE
% FOR ME.
% VOTE ABSENTEE.
% VOTE BEFORE APRIL 7, WHICH IS
% THE ELECTION DATE.
% >> ALL RIGHT.
% JUDGE JILL KAROFSKY, THANKS FOR
% YOUR TIME TODAY.
% >> THANK YOU SO MUCH.
% STAY WELL.
% >> THE INCUMBENT IN THE RACE IS
% JUSTICE DANIEL KELLY, A FORMER
% SPECIAL PROSECUTOR WITH THE
% MILWAUKEE COUNTY DISTRICT
% ATTORNEY'S OFFICE, FORMER STAFF
% ATTORNEY WITH THE U.S. OFFICE OF
% FEDERAL CLAIMS AND HAS ALSO
% WORKED A LONG CAREER IN PRIVATE
% LONG PRACTICE.
% DANIEL KELLY JOINS US NOW VIA
% SKYPE.
% THANKS FOR BEING HERE.
% >> IT'S MY PLEASURE.
% THANKS FOR HAVING ME ON.
% >> LET'S START BY ADDRESSING THE
% COVID-19 PANDEMIC AND THE
% STATEWIDE EMERGENCY CALLED BY
% GOVERNOR EVERS.
% WHAT ARE THE LEGAL LIMITS TO THE
% GOVERNOR'S POWER TO ISSUE AND
% ENFORCE THESE HOURS AND WOULD IT
% BE UP TO THE COURTS TO DETERMINE
% IF AN ORDER BECOMES TOO
% OPPRESSIVE OR UNREASONABLE?
% >> YES.
% SO OF COURSE ONE OF THE THINGS I
% CAN'T DO, OF COURSE, IS OPINE ON
% ANY PARTICULAR MATTERS THAT
% MIGHT COME BEFORE THE COURT.
% AND I THINK THAT GOES IN THE
% REST OF YOUR QUESTION.
% IT'S ENTIRELY POSSIBLE THAT
% PARTS OF THIS ORDER COULD COME
% BEFORE THE COURT AS CONTESTED
% MATTERS.
% YOU KNOW, THE CONSTITUTION DOES
% NOT GO INTO SUSPENSION JUST
% BECAUSE WE HAVE AN EMERGENCY.
% SO ALL THE CONSTITUTIONAL
% GUARANTEES NEED TO REMAIN IN
% PLACE.
% AND SO THERE'S ALWAYS A
% POSSIBILITY THAT SOMEONE MIGHT
% BELIEVE SOME PART OF THE ORDER
% HAS GONE BEYOND WHAT THE
% GOVERNOR'S CONSTITUTIONAL
% AUTHORITY MIGHT BE, AND IF THEY
% BELIEVE THAT, I'M SURE THEY'LL
% BRING THAT TO THE COURTS AND
% WE'LL CONSIDER IT IN DUE COURSE.
% >> WHEN THERE'S NOT MUCH HISTORY
% OF A PANDEMIC AND AN EMERGENCY
% OF THIS PRECEDENT, WHAT POINT DO
% YOU START THINKING ABOUT THESE
% LEGAL ISSUES, UNDERSTANDING YOU
% WOULDN'T MAKE A DECISION BEFORE
% YOU HAD BRIEFS AND APPEARANCES,
% BUT WHEN DO YOU START THINKING
% ABOUT IT?
% >> YEAH.
% WE HAVE, YOU HAVE A JUDICIAL
% MIND, YOU START THINKING ABOUT
% IT RIGHT AWAY.
% WE DO HAVE A LONG HISTORY.
% WE'VE HAD NATIONAL EMERGENCIES
% BEFORE.
% AND WE'VE HAD PANDEMIC
% EMERGENCIES BEFORE.
% THE SPANISH FLU CAME BEFORE US.
% WE'VE HAD MORE MINOR HEALTH
% EMERGENCIES SUBSEQUENT TO THAT.
% BUT THERE'S A HISTORY OUT THERE
% THAT WE CAN LOOK BACK TO FOR
% GUIDANCE IN HOW TO HANDLE IT AS
% A POLICY MATTER.
% THAT'S OF COURSE FOR THE
% LEGISLATURE AND THE GOVERNOR TO
% TAKE CARE OF.
% AND THEN AS A LEGAL MATTER, OUR
% RESPONSIBILITY TO THE
% CONSTITUTION IN ENSURING THAT WE
% CONTINUE TO BE FAITHFUL TO ITS
% TERMS, WE CAN LOOK TO THAT
% HISTORY AS WELL FOR DIRECTION
% FOR OUR BRANCH OF GOVERNMENT.
% >> NOW, THE WISCONSIN SUPREME
% COURT HAS ISSUED ORDERS
% POSTPONING ALL JURY TRIALS.
% YOU DISSENTED TO THAT DECISION.
% WHY?
% >> THAT'S CORRECT.
% WELL, PARTLY BECAUSE OF WHAT
% I'VE JUST BEEN TALKING ABOUT.
% THE CONSTITUTION DOES NOT HAVE
% AN EXCEPTION FOR CRISES.
% IN FACT, THE CONSTITUTION WAS
% WRITTEN IN A TIME OF CRISIS AND
% IS DESIGNED TO FUNCTION IN THAT
% WAY.
% SO WE NEED TO DO TWO THINGS.
% WE CAN DO THEM SIMULTANEOUSLY.
% WE NEED TO BE CONCERNED AND
% CAREFUL ABOUT PEOPLE'S
% WELL-BEING AND THAT THEY'RE NOT
% DOING ANYTHING THAT'S GOING TO
% ENDANGER ANYBODY ELSE.
% BUT AT THE SAME TIME WE CAN BE
% HONORING CONSTITUTIONAL
% GUARANTEES.
% THE SIXTH AMENDMENT SAYS
% DEFENDANTS SHALL ENJOY A SPEEDY
% TRIAL.
% AND THAT'S NOT SUBJECT TO AN
% EXCEPTION BECAUSE THERE HAPPENS
% TO BE A HEALTH CRISIS.
% WE JUST HAVE TO BE CREATIVE IN
% THE WAY WE HANDLE THESE TRIALS
% TO MAKE SURE THAT WE'RE NOT
% PUTTING ANY WITNESSES OR COURT
% PERSONNEL AT RISK.
% AND WE HAVE THE TECHNOLOGICAL
% MEANS FOR THAT.
% MOST OF OUR COURTHOUSES ARE
% EMPTY RIGHT NOW.
% THERE'S PLENTY OF SPACE IN WHICH
% YOU CAN KEEP PEOPLE ADEQUATELY
% SEPARATED AND YOU CAN STILL
% HONOR THE CONSTITUTION.
% AND THAT'S WHY I DISSENTED,
% BECAUSE I DON'T BELIEVE WE HAVE
% THE AUTHORITY TO SUSPEND THE
% DOCUMENT.
% >> GOVERNOR EVERS HAS SUSPENDED
% ALL ADMISSIONS TO STATE PRISONS.
% DO YOU AGREE WITH THIS POLICY
% AND AT WHAT DOES THAT EMERGENCY
% POSSIBLY COME INTO CONFLICT WITH
% DUE PROCESS?
% >> SO I DON'T AGREE OR DISAGREE
% WITH THE POLICY.
% THAT'S A POLICY DECISION HE
% NEEDS TO MAKE.
% AND, AGAIN, THAT POTENTIALLY
% COULD COME TO THE COURTS AS A
% CONTESTED MATTER AND SO I DON'T
% WANT TO MAKE -- I WANT TO MAKE
% SURE THAT I'M NOT PREJUDGING ANY
% ISSUES THAT WE MIGHT NEED TO BE
% DECIDING.
% BUT OBVIOUSLY THERE IS A DUE
% PROCESS COMPONENT TO WHICH
% EVERYONE IS ENTITLED AND THAT
% DUE PROCESS GUARANTEE DOES NOT
% GO AWAY, JUST LIKE THE SPEEDY
% TRIAL GUARANTEE DOES NOT GO
% AWAY.
% >> NOW, A NUMBER OF COUNTY AND
% MUNICIPAL CLERKS AROUND THE
% STATE HAVE CALLED FOR THIS
% ELECTION TO BE POSTPONED.
% THEY'VE ACTUALLY FILED IN
% FEDERAL COURT ON THAT ISSUE.
% AS A CANDIDATE, NOT AS A JUDGE,
% DO YOU AGREE WITH POSTPONING
% THIS ELECTION?
% >> WELL, I THINK THAT, AGAIN,
% THIS IS SOMETHING WHERE WE CAN
% DO TWO THINGS AT THE SAME TIME.
% I THINK THAT WE DO NEED TO BE
% COGNIZANT OF THE POTENTIAL
% RISKS, BUT WE HAVE BEEN ABLE TO
% DEAL WITH THIS IN AN INTELLIGENT
% AND CAREFUL WAY.
% AND WE ALSO HAVE TO RECOGNIZE
% THAT THE DATE OF THE ELECTION IS
% SET BY STATUTE, AND, YOU KNOW,
% THAT NEEDS TO BE CONDUCTED
% ACCORDING TO LAW, JUST AS EVERY
% OTHER ASPECT OF THE CONSTITUTION
% AND OUR STATUTES HAVE TO BE
% CARRIED OUT ACCORDING TO THEIR
% TERMS.
% AND SO, YOU KNOW, I LOOK AT THIS
% AND ALL THE PLANNING THAT'S GONE
% INTO AN ELECTION DATE OF
% APRIL 7, BUT THAT'S WHAT WE'RE
% COUNTING ON AT THE MOMENT
% BECAUSE, YOU KNOW, WE'RE RELYING
% ON THE LAWS AS THEY EXIST AT
% THIS POINT.
% SO THAT'S BEEN OUR PLAN.
% >> AND HOW HAS YOUR CAMPAIGN
% RESPONDED TO THE PANDEMIC AND
% ALL THESE SHIFTS IN HOW THE VOTE
% IS OCCURRING?
% >> YEAH.
% SO THAT'S BEEN -- WE'VE HAD TO
% GET CREATIVE.
% SO THREE WEEKS AGO, MY CALENDAR
% WAS CHOCK FULL OF EVENTS FROM
% THAT POINT ALL THE WAY TO
% ELECTION DAY.
% AND NOW THAT'S ALL BEEN
% CANCELLED.
% AND WE WANT TO MAKE SURE, OF
% COURSE, THAT WE'RE PROTECTING
% OUR VOLUNTEERS AND THAT WE'RE
% NOT PUTTING THEM IN A PLACE
% WHERE THEY'D BE POTENTIALLY
% PUTTING OTHERS AT RISK FOR THE
% SPREAD OF THIS DISEASE.
% SO EVERYTHING HAS PRETTY MUCH
% MOVED ONLINE.
% SO I THINK WE ARE IN THE MIDST
% OF FIGURING OUT HOW TO DO AN
% ENTIRELY ONLINE CAMPAIGN.
% AND IT'S A LITTLE AWKWARD.
% WE ENJOYED GOING AROUND THIS
% BEAUTIFUL STATE OF OURS AND
% TALKING TO FOLKS WHO CARE ABOUT
% THEIR COMMUNITIES AND THEIR
% COURTS AND THEIR CONSTITUTION
% AND HAVING FOLKS ON THE SUPREME
% COURT WHO ARE COMMITTED TO
% UPHOLDING THE CONSTITUTION AS
% IT'S WRITTEN.
% AND THAT'S JUST BEEN A JOY.
% SO NOW WE'RE TRYING TO RECREATE
% THAT IN SOME SENSE, ALL ONLINE.
% SO WE HAVE -- WE'RE HAVING KIND
% OF TELEVISED -- TELECONFERENCE
% AND VIDEO CONFERENCE FOR KIND OF
% A TOWN HALL SORT OF MEETING
% ONLINE.
% AND SO IT'S REALLY MEETING A LOT
% OF FOLKS VIRTUALLY NOW RATHER
% THAN IN PERSON.
% AND, YOU KNOW, I'M KIND OF A
% TECH BUFF MYSELF.
% I ENJOY TECHNOLOGY.
% I LOVE IT.
% BUT IT IS AT THE END OF THE DAY
% A POOR SUBSTITUTE FOR BEING ABLE
% TO ACTUALLY SPEND TIME WITH OUR
% FELLOW WISCONSINITES.
% BUT WE'LL MAKE DUE, AS EVERYONE
% ELSE HAS.
% A LOT OF PEOPLE ARE MAKING
% SACRIFICES.
% AND SO WE'RE STANDING RIGHT
% ALONG WITH THEM, MAKING SURE
% THAT WE CONDUCT BUSINESS AS WE
% NEED TO, BUT IN A WAY THAT'S
% GOING TO BE SAFE AND RESPECTFUL
% OF THOSE WITH WHOM WE INTERACT.
% >> NOW, GETTING TO THE MEAT OF
% THIS RACE, YOU OPPONENT SAYS YOU
% WERE APPOINTED TO THE COURT TO
% CARRY WATER FOR RIGHT WING
% SPECIAL INTERESTS.
% NOW, YOU HAVE RESPONDED BY
% SAYING THAT SHE'S SLANDERING YOU
% AND ALL MEMBERS OF THE COURT
% THAT AGREE WITH DECISIONS YOU'VE
% MADE.
% IS SLANDER THE APPROPRIATE TERM,
% CONSIDERING THIS IS A POLITICAL
% ELECTION?
% >> IT IS.
% YOU DON'T GET TO SLANDER PEOPLE
% JUST BECAUSE IT'S AN ELECTION.
% SLANDER IS SLANDER.
% WHEN YOU INTENTIONALLY LIE ABOUT
% SOMEONE, THAT IS SLANDER.
% AND THAT'S WHAT MY OPPONENT HAS
% MADE PART OF HER ENTIRE
% CAMPAIGN.
% IN FACT, IF SHE DID NOT HAVE
% LIES AND SLANDER, SHE WOULD NOT
% HAVE A CAMPAIGN.
% I THINK THAT'S AN IMPORTANT
% POINT TO DWELL ON FOR JUST A
% MOMENT.
% THIS IS NOT CAMPAIGNING AS
% NORMAL.
% WHAT SHE IS DOING IS SO FAR
% OUTSIDE THE PALE OF WHAT'S
% ACCEPTABLE, THAT IT'S WITHOUT
% PRECEDENT AND IT IS SO UNUSUAL
% THAT IT HAS CAUSED A MAJORITY OF
% THE SITTING SUPREME COURTS TO
% COME OUT AND CONDEMN HER
% BEHAVIOR IN THIS CAMPAIGN.
% I JUST WANT TO READ A LITTLE BIT
% OF WHAT THEY'VE SAID, JUST AS AN
% ILLUSTRATION OF HOW EGREGIOUS
% AND HOW DISGRACEFUL HER BEHAVIOR
% HAS BEEN.
% SO JUSTICES REBECCA BRADLEY AND
% BRIAN HAGEDORN WROTE THAT JUDGE
% JILL KAROFSKY'S SLANDEROUS
% STATEMENTS ABOUT JUSTICE KELLY'S
% WORK ON THE COURT ARE EVIDENCE
% OF HER LACK OF FITNESS FOR THE
% BENCH.
% AND THEN THE CHIEF JUSTICE AND
% THE DEPUTY CHIEF JUSTICE WROTE
% THAT ATTACKS ON THE INTEGRITY OF
% THE COURT STRIKE AT THE HEART OF
% THE JUDICIAL SYSTEM.
% SUCH LANGUAGE RISKS UNDERMINING
% THE COURT'S LEGITIMACY WITH
% PARTIES, ATTORNEYS AND THE
% PUBLIC.
% SO THIS IS -- AND THIS IS
% UNPRECEDENTED.
% THE BEHAVIOR HAS BEEN SO BAD, SO
% DISRUPTIVE, THAT IT HAS CAUSED A
% MAJORITY OF THE SUPREME COURT TO
% COME OUT AND CONDEMN THAT
% BEHAVIOR.
% AND THIS GOES BEYOND ME.
% IT EVEN GOES BEYOND THE CURRENT
% MEMBERS OF THE COURT.
% THE SLANDER MY OPPONENT IS
% TELLING STRIKE AT THE VERY HEART
% OF THE JUDICIAL SYSTEM AS AN
% INSTITUTION.
% I RECALL THAT ALEXANDER
% HAMILTON, WHEN HE WAS WRITING
% ABOUT THE ADOPTION OF THE UNITED
% STATES CONSTITUTION, HE TALKED
% ABOUT THE COURTS, AND HE SAID
% THAT THE COURTS HAVE NEITHER
% FORCE NOR WILL, BUT ONLY
% JUDGMENT.
% JUST JUDGMENT.
% THAT'S THE ONLY THING THAT WE
% HAVE.
% FOR THIS BRANCH OF GOVERNMENT TO
% BE EFFECTIVE, IT REQUIRES THAT
% THE PEOPLE HAVE CONFIDENCE IN
% THE COURTS' JUDGMENT.
% AND WHAT MY OPPONENT IS DOING TO
% FURTHER HER PERSONAL AND SELFISH
% AMBITIONS, SHE'S STRIKING AT THE
% VERY INTEGRITY OF THE COURT, THE
% INSTITUTION SHE SAYS THAT SHE
% WANTS TO JOIN.
% SO THAT BEHAVIOR HAS BEEN
% DISGRACEFUL AND DESPICABLE AND
% I'VE CALLED HER OUT EVERY TIME
% SHE'S DONE THIS.
% CALLED HER OUT AND CHALLENGED
% HER.
% WHAT EVIDENCE DO YOU HAVE TO
% SUPPORT THAT?
% WHAT IS THERE TO SUPPORT THAT?
% THE ONLY THING SHE'S EVER BEEN
% ABLE TO DO IS POINT TO A COUPLE
% OF CASES THAT ARE ACTUALLY NOT
% EVIDENCE IN SUPPORT OF HER
% CLAIM, BUT THEY'RE EVIDENCE THAT
% SHE IS EITHER LYING OR THAT
% SHE'S AN INCOMPETENT JUDGE.
% NOW, I DON'T THINKING THAT SHE'S
% AN INCOMPETENT JUDGE, BUT THE
% ONLY OTHER ALTERNATIVE IS SHE'S
% JUST LYING ABOUT IT.
% >> WE'VE ONLY GOT A LITTLE BIT
% OF TIME LEFT, BUT I DO WANT TO
% ASK YOU.
% YOU WERE APPOINTED TO THE COURT
% AND YOU'VE TALKED ABOUT THE
% PROCESS GOVERNOR WALKER PUT YOU
% THROUGH TO GET THERE AND NOW
% CAMPAIGNING FOR THE COURT YOU'VE
% SEEN BOTH THE GOOD AND THE UGLY
% IN CAMPAIGNING.
% GIVEN THOSE EXPERIENCES, ARE
% ELECTIONS STILL THE BEST WAY TO
% CHOOSE WISCONSIN'S SUPREME
% COURT?
% >> NOTWITHSTANDING THE
% UNPRECEDENTED BAD BEHAVIOR OF MY
% OPPONENT, I STILL BELIEVE
% ELECTIONS ARE THE BEST.
% AND THE REASON FOR THAT IS I
% UNDERSTAND ALL THE AUTHORITY I
% EXERCISE AS A SUPREME COURT
% JUSTICE BELONGS TO THE PEOPLE OF
% WISCONSIN.
% I USE IT AS A LOAN FROM THEM ON
% THEIR BEHALF IN TRUST.
% AND SO I THINK IT'S A VERY
% HEALTHY AND AN APPROPRIATE THING
% FOR US TO ON A REGULAR BASIS GO
% BACK TO THE PEOPLE WHOSE
% AUTHORITY WE ARE BORROWING TO
% GIVE A REPORT OF WHAT WE'VE BEEN
% DOING WITH THEIR AUTHORITY AND
% THEN ALLOW THEM TO STAND IN
% JUDGMENT OF US.
% AND THAT'S BEEN -- THAT'S A PART
% OF THE CAMPAIGN, ACTUALLY, THAT
% HAS JUST BEEN AN ABSOLUTELY JOY.
% 98.5% OF CAMPAIGNING I LOVE
% BECAUSE IT'S ALL ABOUT THAT.
% IT'S GOING AROUND TO THE FOLKS
% OF WISCONSIN AND DESCRIBING WHAT
% I'VE BEEN DOING WITH THEIR
% AUTHORITY.
% THE 1.5% OF THE CAMPAIGN I DON'T
% LIKE IS MY OPPONENT'S SLANDER.
% >> THAT IS ALL THE TIME WE HAVE.
% THANK YOU FOR YOUR TIME TODAY,
% JUSTICE KELLY.
% >> THANKS SO MUCH.
% I APPRECIATE IT.
% >> THAT CONCLUDES OUR STATE
% SUPREME COURT CANDIDATE SPECIAL.
% TO OUR STATEWIDE AUDIENCE
% WATCHING ON PBS WISCONSIN AND
% LISTENING TONIGHT ON WISCONSIN
% PUBLIC RADIO, STAY TUNED.
% "HERE AND NOW" GETS YOU
% UP-TO-DATE ON COVID-19 FOLLOWING
% THIS BROADCAST.
% I'M ZAC SCHULTZ.
% THANKS FOR JOINING US.
% >> FOR MORE "HERE AND NOW" 2020
% ELECTION COVERAGE, GO TO
% pbs.org AND CLICK ON NEWS.
% >> FUNDING FOR "HERE AND NOW" IS
% PROVIDED BY THE FOCUS FUND FOR
% JOURNALISM AND FRIENDS OF PBS
WISCONSIN.