%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
%
ALL ADMISSIONS TO STATE PRISONS,%
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
%
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 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.