%
>> THE FOLLOWING PROGRAM IS A%
PBS WISCONSIN ORIGINAL%PRODUCTION.
%
THE FOLLOWING PROGRAM IS PART OF
%OUR '"HERE & NOW" 2020' ELECTION%
COVERAGE.
%>> I'M ZAC SCHULTZ.
%WELCOME TO A SPECIAL EDITION OF
%"HERE & 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 7TH 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 & NOW": WISCONSIN'S RACE%
FOR THE STATE SUPREME COURT.
%>> FUNDING FOR "HERE & NOW" IS
%PROVIDED BY THE FOCUS FUND FOR
%JOURNALISM AND FRIENDS OF PBS%
WISCONSIN.
%[MUSIC]
%>> INCUMBENT JUSTICE DANIEL
%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 PARTY 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 BALLOT.
%FOR THOSE OF YOU WHO HAVEN'T
%DECIDED YET, AND HAVEN'T VOTED
%YET, WE HOPE THESE INTERVIEWS
%
WILL HELP INFORM YOUR DECISION.
%WE BEGIN WITH THE CHALLENGER.
%JILL KAROFSKY IS A DANE COUNTY%
CIRCUIT COURT JUDGE.
%PRIOR TO HER TIME ON THE BENCH,
%
JUDGE KAROFSKY SERVED AS THE
%
EXECUTIVE DIRECTOR OF THE STATE
%OFFICE OF CRIME VICTIM SERVICES.
%SHE'S ALSO A FORMER STATE
%ASSISTANT ATTORNEY GENERAL.
%JILL KAROFSKY JOINS US NOW VIA
%SKYPE.
%THANKS FOR YOUR TIME TODAY.
%>> THANKS FOR HAVING ME.%I RE
ALLY APPRECIATE IT.
%
>> NOW LET'S START BY ADDRESSING
%THE COVID-19 PANDEMIC AND THE
%STATEWIDE EMERGENCY CALLED BY%
GOVERNOR TONY EVERS.
%THIS WEEK THE GOVERNOR ISSUED A
%
SAFER AT HOME ORDER THAT
%
PROHIBITS ALL NONESSENTIAL
%TRAVEL.
%THE ORDER REMAINS IN PLACE UNTIL
%APRIL 24TH.
%WHAT ARE THE LEGAL LIMITS TO THE
%GOVERNOR'S POWER TO ISSUE AND
%ENFORCE THESE
ORDERS,
AND
WOULD
%IT
%BE UP THE COURTS TO DETERMINE IF%
AN ORDER BECOMES "TOO OPPRESSIVE
%OR UNREASONABLE"?
%
>> LOOK, WE ALL NEED TO DO
%EVERYTHING WE CAN TO BE SAFE AND
%TO MAKE SURE THAT OUR NEIGHBORS
%AND OUR FAMILY MEMBERS AND THOSE
%
AROUND US ARE SAFE.
%IN OUR CAMPAIGN, WHAT WE HAVE
%DONE IS GONE VIRTUAL.
%WE'RE
HAVING
N
O
MOR
E
IN-PERSON
%EVENTS.
%WE ARE MAKING SURE THOUGH THAT
%WE ARE STILL GETTING OUR MESSAGE
%OUT EVERY WAY WE CAN, WHETHER%
IT'S ON FACEBOOK OR TWITTER OR%EM
AIL OR TEXT, DOING INTERVIEWS%LIKE
THIS, OR RADIO INTERVIEWS.
%AS FAR AS ME COMMENTING ON THE
%GOVERNOR'S LEGAL AUTHORITY, I
%WANT TO BE VERY CAREFUL TO DO
%THAT BECAUSE THAT IS AN ISSUE
%THAT COULD GET UP TO THE
%WISCONSIN STATE SUPREME COURT,
%
AND WHEN I WIN THIS RACE, IT'S
%AN ISSUE THAT I WOULD HAVE TO
%WEIGH IN ON.
%AND SO, I'M GONNA, 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 AND HERE IN MY
%KITCHEN, WHERE I'M TELLING MY
%KIDS TO WASH THEIR HANDS ABOUT
%EVERY 20 SECONDS.
%>> SO, UNDERSTANDING YOU DON'T
%WANT TO COMMENT DIRECTLY ON THE
%ORDER, BUT 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 IS FILED AND%
ONCE IT MAKES ITS WAY THROUGH%TH
E CIRCUIT COURT AND THROUGH
%THE COURT OF APPEALS AND THEN
%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, ZAC, I AM
%THINKING ABOUT." NUMBER ONE: HOW
%CAN I KEEP MY FAMILY SAFE.
%NUMBER TWO: MY CONCERN RIGHT NOW
%AS A CIRCUIT COURT JUDGE AND AS
%THE ONLY PERSON IN THIS RACE
%RIGHT NOW WHO IS A TRIAL COURT
%JUDGE, I AM TRYING TO FIGURE OUT
%HOW DO I DO MY JOB RIGHT NOW?
%I HAVE BEEN WORKING VERY, VERY
%HARD WITH MY COLLEAGUES TO%FI
GURE 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 THAT WE CAN STILL HOLD
%HEARINGS SO THAT PEOPLE ARE
%AFFORDED THEIR CONSTITUTIONAL
%RIGHTS.
%AND I'M CONSTANTLY BALANCING
%
PEOPLE'S CONSTITUTIONAL RIGHTS
%WITH THE SAFETY OF OUR
%COMMUNITY, AND I'M THE ONLY
%PERSON IN THIS RACE WHO'S HAVING
%TO DO THIS RIGHT NOW.
%THAT'S THE KIND OF EXPERIENCE
%
I'M GONNA 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 AGREED WITH THE
%DISSENT TO THAT ORDER THAT SAID
%THIS EMERGENCY DOES NOT WARRANT
%SUSPENDING THE SIXTH AMENDMENT
%RIGHT TO A SPEEDY TRIAL.
%WHAT DO YOU THINK WITH THE ORDER%
FROM THE COURT?
%>> AS FAR AS I HAVE MYSELF, IN
%MY BRANCH WE HAD ONE CASE THAT
%WE MOVED BACK TWO WEEKS.
%AND I DO NOT BELIEVE THAT THAT
%IS GOING TO-- I WAS -- I WAS%
COMFORTABLE DOING THAT,%OBVIOUSLY,
AND I DON'T WANT TO
%GET INTO DETAILS ABOUT ANY CASE%
THAT I HAVE BEFORE ME BECAUSE I%
NEED TO MAKE SOME IMPORTANT%DECI
SIONS.
%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 HIS
%ARGUMENT TO THAT DISSENT?
%>> AS FAR AS I'M CONCERNED, ANY%
DECISION THAT I HAVE MADE AND IN
%MY COURT, I HAVE MADE AND IT IS%
IT IS CONSTITUTIONAL AND WILL%
HOLD UP ASSUMING THAT THE
%
CONSTITUTION IS APPLIED THE WAY
%
THAT IT SHOULD BE.
%>> GOVERNOR EVERS HAS SUSPENDED
LEAVING INMATES AND COUNTY%JAILS.
%DO YOU AGREE WITH THAT POLICY
%AND 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 HAVE -- I WAS ASSIGNED
%OVER 1,700 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-- 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 GONNA BRING TO THE
%WISCONSIN STATE SUPREME COURT
%THAT MY OPPONENT DOESN'T HAVE.
%LOOK, 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, 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 THAT-- 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 AND ONE%MEMBER
ONLY.
%
I AM RUNNING AGAINST DAN KELLY.
%AND I AM-- EVERY FIRST-YEAR LAW
%
STUDENT KNOWS THAT THE DEFENSE
%TO SLANDER IS THE TRUTH, AND
%EYE%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 DECISIONS, 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, WITHOUT EVER 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 RULE,
%WE HAVE ONE OF THE WEAKEST%RE
CUSAL RULES IN THE UNITED
%STATES.
%OUR RECUSAL RULE WAS DRAFTED BY
%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, IF ELECTED HOW%
WILL YOU WORK WITH MEMBERS OF%TH
E COURT THAT HAVE SAID YOU ARE%NOT
FIT TO SERVE ON THE COURT?
%>> LOOK, I AGREE WITH THE
%MEMBERS OF THE COURT WHO SAY
COURT WITH INTEGRITY.
%PEOPLE NEED TO HAVE CONFIDENCE%
IN OUR SUPREME COURT.
%I AGREE WITH THEM.
%THEY ARE ABSOLUTELY RIGHT.
%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 BACK TO THE WISCONSIN
%STATE SUPREME COURT, WHAT WE
%
NEED TO DO IS REPLACE DAN KELLY
%ON APRIL 7TH.
%>> DO YOU THINK DAN KELLY IS
%QUALIFIED AND FIT TO SERVE ON%
THE SUPREME COURT?
%>> I THINK THAT DAN KELLY WAS
%PUT ON THE COURT FOR ONE REASON
%AND ONE REASON ONLY, AND THAT
%
WAS 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 SLIGHTLY:
%THE CHIEF JUSTICE OF THE SUPREME%
COURT HAS EXTENDED A COMMERCIAL
%
COURT PILOT PROJECT TO DANE
%
COUNTY THAT WOULD ALLOW HER TO
%
HAND-PICK JUDGES TO PRESIDE OVER
%
BUSINESS LAWSUITS.
%DO YOU AGREE WITH THIS 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 AND AROUND THE
%STATE HAVE CALLED FOR THIS%EL
ECTION 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.
%
THEY CAN REGISTER ONLINE UNTIL%
THE 30TH.
%YOU CAN GET AN ABSENTEE BALLOT
%UNTIL APRIL 2ND.
%YOUR BALLOT HAS TO BE RECEIVED
%BY THE MUNICIPAL CLERK'S OFFICE
%AND YOUR MUNICIPALITY BY APRIL
%
7TH AT 8 O'CLOCK.
%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, WE WE ARE FOCUSED ON%
APRIL-- AS YOU AND I ARE TALKING
%RIGHT NOW AND AS WE ARE
%
RECORDING THIS, THE ELECTION IS
%APRIL 7TH AND THAT IS WHAT WE
%ARE FOCUSED ON TODAY.
%>> NOW, YOUR OPPONENT WAS FIRST%
APPOINTED TO THE COURT.
%YOU'RE RUNNING IN A STATEWIDE%
ELECTION.
%WHICH IS THE BEST WAY TO CHOOSE
%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%EL
ECTIONS.
%
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 ROLE.
%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, IF IN A
%CAMPAIGN, 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%
YOU.
%>> VOTERS SHOULD VOTE FOR ME%
BECAUSE I HAVE THE EXPERIENCE
%THAT WE NEED ON THE WISCONSIN
%STATE SUPREME COURT.
%I'M THE ONLY PERSON IN THIS
%RACE, AS I MENTIONED, 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 GONNA BRING TO
%
THE WISCONSIN SUPREME COURT AND
%I'M ALSO GONNA BRING MY
%TOUGHNESS AND MY INDEPENDENCE.
%AND I WILL URGE VOTERS TO VOTE
%FOR ME, VOTE ABSENTEE, VOTE
%BEFORE APRIL 7TH, WHICH IS THE%
ELECTION DATE.
%>> ALL RIGHT, JUDGE JILL%KARO
FSKY, THANKS FOR YOUR TIME%TODAY.
%>> THANK YOU SO MUCH.%STAY W
ELL.
%>> THE INCUMBENT IN THE RACE IS%
JUSTICE DANIEL KELLY.
%JUSTICE KELLY IS A FORMER
%SPECIAL PROSECUTOR WITH THE%
MILWAUKEE COUNTY DISTRICT
%ATTORNEY'S OFFICE.
%HE'S A FORMER STAFF ATTORNEY
%WITH THE US OFFICE OF FEDERAL
%CLAIMS AND HAS ALSO WORKED A
%
LONG CAREER IN PRIVATE LAW
%PRACTICE.
%DANIEL KELLY JOINS US NOW VIA
%SKYPE.
%THANKS FOR BEING HERE.
%>> IT'S MY PLEASURE.
%
THANKS FOR HAVING ME ON.
%>> WELL, LET'S START BY
%ADDRESSING THE COVID-19 PANDEMIC
%AND THE STATEWIDE EMERGENCY
%CALLED BY GOVERNOR TONY EVERS.
%WHAT ARE THE LEGAL LIMITS TO THE
%GOVERNOR'S POWER TO ISSUE AND
%ENFORCE THESE ORDERS AND WOULD
%IT BE UP TO THE COURTS TO
%DETERMINE IF AN ORDER BECOMES
%
TOO OPPRESSIVE OR UNREASONABLE?
%>> YEAH, SO, OF COURSE, ONE OF
%THE THINGS I CAN'T DO, OF COURSE
%IS OPINE ON ANY PARTICULAR%MA
TTERS THAT MIGHT COME BEFORE%THE CO
URT, AND I THINK BUT THAT
%GOES INTO THE REST OF YOUR%QU
ESTION.
%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,
%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, AT WHAT POINT
%DO YOU AS A JUSTICE 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, WELL, IF YOU HAVE AN
%ALL CURIOUS MIND, YOU START%
THINKING ABOUT IT RIGHT AWAY,
%YOU KNOW.
%AND, OF COURSE, WE DO HAVE A
%LONG HISTORY, AND WE'VE HAD,%
WE'VE HAD NATIONAL EMERGENCIES%BEFO
RE, AND WE'VE HAD PANDEMIC%EMERGENC
IES BEFORE.
%THE SPANISH FLU CAME BEFORE%
THOSE.
%WE'VE HAD MORE MINOR HEALTH
%EMERGENCIES SUBSEQUENT TO THAT,
%BUT THERE IS -- THERE'S A%HI
STORY OUT THERE THAT WE CAN
%LOOK BACK TO FOR GUIDANCE IN HOW
%TO HANDLE IT AS A POLICY MATTER
%AND THAT'S WHAT-- FOR THE
%LEGISLATURE AND THE GOVERNOR TO%
TAKE CARE OF.
%
AND THEN, AS A LEGAL MATTER, OUR
%RESPONSIBILITY TO THE
%CONSTITUTION AND ENSURING THAT
%WE CONTINUE TO BE FAITHFUL TO
%ITS TERMS.
%YOU KNOW, WE CAN LOOK TO THAT
%HISTORY AS WELL FOR CORRUPTION
% -- DIRECTION
FOR
OUR
BRANCH OF
%GOVERNMENT.
%>> NOW THE WISCONSIN SUPREME%
COURT HAS ISSUED ORDERS
%POSTPONING ALL JURY TRIALS.%
YOU DISSENTED TO THAT DECISION.%WH
Y?
%>> THAT'S CORRECT.
%WELL, PARTLY BECAUSE OF WHAT I%
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 TO FUNCTION IN
%THAT WAY.
%SO, SO, WE NEED TO DO TWO
%THINGS.
%WE CAN DO THEM SIMULTANEOUSLY.
%WE NEED TO BE CONCERNED AND
%
CAREFUL ABOUT PEOPLE'S WELL
%WELL-BEING AND THEY'RE NOT DOING
%ANYTHING THAT'S GOING TO
%ENDANGER ANYONE ELSE, BUT AT THE
%SAME TIME, WE CAN BE HONORING
%
CONSTITUTIONAL GUARANTEES.
%THE SIXTH AMENDMENT TO THE
%UNITED STATES CONSTITUTION SAYS
%THAT DEFENDANTS SHALL ENJOY A
%SPEEDY TRIAL, AND -- AND THAT'S
%NOT SUBJECT TO AN EXCEPTION%
BECAUSE THERE HAPPENS TO BE A%HEAL
TH CRISIS.
%WE JUST HAVE TO BE CREATIVE IN
%TRIALS TO MAKE SURE THAT BY%
WITNESSES OR COURT PERSONNEL AT%RI
SK.
%AND WE HAVE THE TECHNOLOGICAL%
MEANS FOR THAT.
%YOU KNOW, 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, IS
%BECAUSE I DON'T BELIEVE THAT WE
%HAVE THE AUTHORITY AS THE COURT,%
TO SUSPEND THE VERY DOCUMENT%TH
AT BY WHICH WE EXERCISE OUR%AUTHOR
ITY.
%>> ANOTHER LEGAL ISSUE: GOVERNOR%
EVERS HAS SUSPENDED ALL
%ADMISSIONS TO STATE PRISONS.
%INMATES ARE BEING HELD AT COUNTY%
JAILS.
%DO YOU AGREE WITH THIS POLICY%
AND AT WHAT POINT DOES THAT%EMER
GENCY POSSIBLY COME INTO%CONFLICT W
ITH DUE PROCESS?
%>> YEAH, SO I DON'T AGREE OR
%DISAGREE WITH THE POLICY.
%YOU KNOW, 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 THERE'S--
%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 FROM 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,
%
BUT AS A CANDIDATE, DO YOU AGREE%
WITH POSTPONINGTHIS ELECTION?
%>> WELL, I THINK AGAIN THIS IS
%SOMETHING WHERE WE CAN DO TWO
%THINGS AT THE SAME TIME.
%I THINK THAT WE -- WE DO NEED TO
%BE COGNIZANT OF THE POTENTIAL%
RISKS, BUT WE HAVE BEEN ABLE TO%
DEAL WITH THIS IN AN INTELLIGENT%AN
D 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%CA
RRIED OUT ACCORDING TO THEIR
%TERMS.
%AND SO, YOU KNOW, I LOOK AT THIS
%AND I -- YOU KNOW ALL THE
%PLANNING HAS GONE INTO A AN
%ELECTION DATE OF APRIL 7TH, BUT
%
YES 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 AND
%
SO THAT'S BEEN OUR PLAN.
%>> AND HOW HAS YOUR CAMPAIGN%
RESPONDED TO THE PANDEMIC AND%ALL
THESE SHIFTS IN HOW THE VOTE%IS OCC
URRING?
%>> YEAH, SO THAT'S BEEN-- WE
%
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
%THAT'S ALL BEEN CANCELED.
%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%OTHE
RS AT RISK FOR THE SPREAD OF%THIS D
ISEASE.
%SO EVERYTHING IS PRETTY MUCH%
MOVED ONLINE AND SO I THINK WE
%ARE IN THE MIDST OF FIGURING OUT
%HOW TO DO AN ENTIRELY ONLINE%
CAMPAIGN.
%AND IT'S A LITTLE AWKWARD, I%
HAVE TO TELL YOU.
%YOU KNOW, WE'VE REALLY ENJOYED
%THIS PAST YEAR OF GOING AROUND
%THIS BEAUTIFUL STATE OF OURS AND
%TALKING WITH FOLKS WHO CARE
%ABOUT THEIR COMMUNITIES AND
%THEIR COURTS, AND, YOU KNOW, THE
%THEIR CONSTITUTION AND HAVING
%FOLKS ON THE -- ON THE SUPREME
%COURT WHO ARE COMMITTED TO
%UPHOLDING THE CONSTITUTION AS
%IT'S WRITTEN.
%AND THAT'S JUST BEEN-- THAT'S%
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 VIDEOCONFERENCE FOR A KIND
%OF A TOWN HALL SORT OF -- SORT
%OF MEETING ONLINE.
%AND SO, IT'S -- IT'S REALLY
%MEETING A LOT OF FOLKS VIRTUALLY
%NOW RATHER THAN IN PERSON.
%AND YOU KNOW, I'M NOT-- I'M KIND
%OF A TECH -- A TECH BUFF MYSELF.
%I ENJOY TECHNOLOGY.
%I LOVE IT, BUT IT IS, IT IS AT
%THE END OF THE DAY A POOR
%SUBSTITUTE FOR -- FOR BEING ABLE
%TO ACTUALLY SPEND TIME WITH OUR%
FELLOW WISCONSINITES.
%BUT WE'LL MAKE DO AS EVERYONE%
ELSE HAS.
%YOU KNOW, 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
%RESPONSIBLE OF THOSE WITH WHOM
%WE INTERACT.
%>> NOW, GETTING TO THE MEAT OF
%THIS RACE, YOUR OPPONENT SAYS
%THAT 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 ISN'T 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 -- THAT IS
%SLANDER AND THAT'S-- WHEN MY
%OPPONENT HAS MADE THIS REPEATED
%ENTIRE CAMPAIGN.
%IN FACT, IF SHE DID NOT HAVE
%LIES AND SLANDER, SHE WOULDN'T%
HAVE A CAMPAIGN.
%YOU KNOW, AND I THINK THAT'S A%
REALLY IMPORTANT POINT TO DWELL
%ON FOR JUST A MOMENT.
%THIS IS -- THIS IS NOT
%CAMPAIGNING AS NORMAL.
%WHAT SHE IS DOING IS SO FAR
%
OUTSIDE THE PALE OF WHAT'S
%ACCEPTABLE IN A RACE LIKE THIS,
%THAT IT HAS-- IT'S WITHOUT
%PRECEDENT, AND IT IS -- IT IS SO%
UNUSUAL THAT IT HAS CAUSED A
%MAJORITY OF THE SITTING SUPREME%
COURT TO COME OUT AND CONDEMN
%HER BEHAVIOR IN THIS CAMPAIGN.
%I JUST WANT TO READ A LITTLE BIT
%OF WHAT THEY -- 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 THE JUDGE
%
JILL KAROFSKY'S SLANDER
%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%PU
BLIC.
%SO, THIS IS -- AND THIS IS
%
UNPRECEDENTED, THAT A BEHAVIOR
%HAS BEEN SO BAD, SO DISRUPTIVE,
%THAT IT HAS CAUSED A MAJORITY OF
%A 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 SLANDERS AND THE LIES IN MY
% --
THAT
MY
OPPONENT
IS
TELLING
%STRIKE AT
%THE VERY HEART OF THE JUDICIAL%
SYSTEM AS AN INSTITUTION.
%YOU KNOW, 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 COURT'S JUDGMENT, AND WHAT
%MY OPPONENT IS DOING TO FURTHER
%HER PERSONAL AND SELFISH
%AMBITIONS, SHE'S STRIKING THE
%VERY INTEGRITY OF THE COURT, THE
%INSTITUTION THAT SHE SAYS AS SHE%
WANTS TO JOIN.
%SO THAT BEHAVIOR HAS BEEN
%DISGRACEFUL AND DESPICABLE, AND
%I'VE CALLED HER OUT.
%EVERY TIME SHE'S DONE THIS, I%
CALLED HER OUT AND CHALLENGED%HE
R.
%WHAT DID-- 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 ARE EVIDENCE
%
THAT SHE'S EITHER LYING OR THAT
%SHE'S AN INCOMPETENT JUDGE.
%NOW, I DON'T THINK 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 THAT GOVERNOR%WA
LKER PUT YOU THROUGH TO GET
%THERE, AND YOU'VE NOW
%CAMPAIGNING FOR THE COURT.
%YOU'VE SEEN BOTH THE GOOD AND
%THE UGLY, AND CAMPAIGNING GIVEN%
THOSE EXPERIENCES.
%IN JUST A FEW SECONDS, ARE
%ELECTIONS STILL THE BEST WAY TO
%CHOOSE WISCONSIN'S SUPREME%CO
URT?
%>> NOTWITHSTANDING THE
%UNPRECEDENTED BAD BEHAVIOR OF MY%
OPPONENT, I STILL BELIEVE THE%
ELECTIONS ARE THE BEST.
%AND THE REASON FOR THAT IS
%
BECAUSE I UNDERSTAND THE ONLY
%AUTHORITY THAT I EXERCISE AS A
%SUPREME COURT JUSTICE BELONGS TO
%THE PEOPLE OF WISCONSIN.
%I USE IT AS A LOAN FROM THEM, ON
%THEIR BEHALF AND 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 THEM
%REPORTS 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 THE
%PART OF THE CAMPAIGN ACTUALLY
%THAT HAS JUST BEEN AN ABSOLUTE%
JOY.
%
98.5% OF CAMPAIGNING, I LOVE
%BECAUSE IT'S ALL ABOUT THAT,%
GOING AROUND TO THE FOLKS OF%WISCON
SIN AND DESCRIBING WHAT%I'VE BEEN
DOING WITH THEIR%AUTHORITY.
%
THE 1 AND ONE-HALF PERCENT OF%
THE CAMPAIGN THAT I DON'T LIKE,%IS
MOSTLY MY OPPONENT'S%BEHAVIOR.
%>> WELL, THAT IS ALL THE TIME WE%
HAVE.
%WE THANK YOU FOR PARTICIPATION.%
THANK YOU FOR YOUR TIME TODAY,%
JUSTICE KELLY.
%>> THANKS SO MUCH, APPRECIATED.
%>> THIS CONCLUDES OUR STATE
%SUPREME COURT CANDIDATES%SPEC
IAL.
%TO OUR STATEWIDE AUDIENCE
%WATCHING ON PBS WISCONSIN AND%
LISTENING TONIGHT ON WISCONSIN
%PUBLIC RADIO, STAY TUNED.
%"HERE & NOW" GETS YOU UP TO DATE
%ON COVID-19 FOLLOWING THIS
%BROADCAST.
%I'M ZAC SCHULTZ.
%THANKS FOR JOINING US.
%[MUSIC]
%
>> FOR MORE "HERE & NOW" 2020
%ELECTION COVERAGE, GO TO
!
%PBS.ORG
AND
CLICK
O
N
NEWS.
%>> FUNDING FOR ""HERE & NOW"" IS%
PROVIDED BY THE FOCUS FUND FOR%
JOURNALISM AND FRIENDS OF PBS%WISC
ONSIN.