% VALENTYNA PAVSYUKOVA.
% >> THANK YOU.
% >> Frederica: IT'S FEBRUARY AND
% MORE AND MORE PEOPLE THE STATE
% AND COUNTRY ARE REALIZING THE
% IMPORTANCE OF WISCONSIN'S
% SUPREME COURT RACE THIS SPRING.
% THERE ARE FOUR CANDIDATES
% RUNNING AND THE PRIMARY ELECTION
% FEBRUARY 21 WILL DETERMINE WHICH
% TWO ADVANCE TO THE GENERAL
% ELECTION IN APRIL.
% "HERE & NOW" SENIOR POLITICAL
% REPORTER ZAC SCHULTZ CONTINUES
% THE INTERVIEWS THIS WEEK WITH
% EVERETT MITCHELL A CIRCUIT COURT
% JUDGE.
% GIVE ME A SENSE OF YOUR
% JUDICIARY PHILOSOPHY.
% >> FOR THE MOST PART IT'S ROOTED
% IN TWO PIECES.
% ONE IT'S UNDERSTANDING OF A
% LIVING DOCUMENT SO THE WAY WE
% VIEW THE CONSTITUTION IS LOOKING
% AT IT TO EXPAND AND COVER THE
% CURRENT ISSUES WE DO AND THE
% CURRENT ISSUES WE'LL ENCOUNTER
% AS A FUTURE GENERATION AND I
% THINK THE CONSTITUTION WAS
% WRITTEN FOR THE FLEXIBILITY TO
% BE EXPAND THAT AND THERE'S TIME
% WHERE WE HAVE TO HAVE A BIFOCAL
% APPROACH TO UNDERSTAND THE
% ORIGINAL INTENT OF THE
% CONSTITUTION BUT DON'T LET IT
% STOP YOU FROM EXPAND FROM THE
% THINGS THAT ARE IMPORTANT FOR
% OUR STATE MOVING FORWARD.
% AS A LIVING CONSTITUTION
% PERSPECTIVE AS A JUDGE THAT
% ALLOWS FOR FLEXIBILITY WHEN
% MAKING DECISION IMPACT EVERY DAY
% WISCONSI
% WISCONSINITES.
% >> WHEN A STRICT
% CONSTITUTIONALIST WILL SAY THAT
% ALLOWS TO YOU INTERPRET HOW YOU
% RESPOND.
% HOW DO YOU RESPOND?
% >> WE HAVE A BUNCH OF AMENDMENTS
% THAT ALLOWED FOR THEM TO EXPAND
% THE KIND OF THINGS WOMEN VOTING
% OR ENSLAVED PEOPLE BEING FREE OR
% VOTING RIGHTS.
% IT DIDN'T ENVISION THAT.
% IF WE ONLY REFLECTED ON STRAIGHT
% CONSTITUTIONALISM YOU DON'T
% ALLOW THOSE THINGS THAT EVOLVED
% AND MEET THE NEEDS.
% IT'S NOT DISREGARDING IT'S
% EMBRACING WHAT THE SPIRIT OF THE
% CONSTITUTION MET AND WERE ABLE
% TO HAVE THE AMENDMENTS TO GIVE
% ACCESS TO THINGS THE ORIGINAL
% INTENT AND ORIGINAL FRAMERS DID
% NOT GIVE ACCESS TO.
% >> JUSTICE LOUIS BUTLER WAS THE
% FIRST AFRICAN AMERICAN MAN TO BE
% ELECTED TO THE COURT.
% WHAT HAVE YOU LEARNED FROM HIM
% AND WHAT PREPARED YOU FOR THIS
% RACE FOR YOU?
% >> I SPENT TIME THINKING --
% FIRST, HE'S ENDORSED ME AND I
% LISTEN TO HIM AND LEARNED FROM
% HIM AND TALKED TO HIM WHAT
% THINGS HE WOULD HAVE DONE
% DIFFERENTLY AND AS A JUDICIAL
% CAREER I SPENT TIME IN THINGS
% INVESTING MAKING HEARTS MATTER
% AND LISTENING TO YOUNG PEOPLE
% AND FOCUSSED ON THE RIGHT
% MESSAGING IN COMMUNITIES AND
% BEING TRANSPARENT WITH PEOPLE
% BECAUSE HAVING CONVERSATIONS
% ABOUT RACE, HAVING CONVERSATION
% THE THINGS THAT EN --
% INCARCERATES MINDS AND CULTURES
% ALLOWS ME TO HAVE THOSE
% CONVERSATION.
% JUSTICE BUTLER WAS DEALING WITH
% THE DARKENED SKINS AND TONES.
% I'VE HELPED MANY MEMBERS FOR
% YEARS UNDERSTANDING ALL HAVE
% BEEN PROGRAMMED WITH THIS.
% ANY TIME THEY WANT TO SCARE
% MAJORITY WHITE INDIVIDUALS IN
% THE COMMUNITY DARKER SKIN AND IT
% SENDS PEOPLE BACK TO THE '80s
% AND '90'S WHEN THEY WERE
% PROGRAMMED TO THINK OF YOUNG
% BLACK MEN AS DANGEROUS.
% IT'S EXPLAINING TO PEOPLE WE
% HAVE A CHOICE.
% YOU DON'T HAVE TO LET THAT
% CONTINUE TO RUIN YOUR
% SUBCONSCIOUS OR LISTEN TO WHO
% PEOPLE ARE AND REPRESENT YOUR
% PARTICULAR INTEREST.
% >> YOU COMPARE WHAT JUSTICE
% BUTLER WENT THROUGH AS THE LAST
% SENATE RACE WITH MENDELA BARNES
% AND WHAT CAN YOU LEARN FROM
% THAT?
% >> YOU GO BACK TO THE PERCEPTION
% OF WHAT MAKES YOU DANGEROUS AND
% AFRAID AND PEOPLE WILL MAKE THAT
% UP.
% IT'S UP TO WISCONSINITES AND ALL
% PEOPLE TO SAY WE'RE NOT GOING TO
% ALLOW THESE KINDS OF IMAGES TO
% DETER US FROM UNDERSTANDING WHO
% PEOPLE ARE.
% LISTENING TO THEIR IDEAS AND
% CONCERNS AND MAKING OUR
% DECISIONS BASED ON THAT.
% I THINK WE'VE LEARNED A LOT FROM
% THAT.
% I THINK WATCHING THE MENDELA
% RACE IS A REMINDER THESE ATTACKS
% ARE STILL OUT THERE BUT I ALSO
% SAY THE SAME ABOUT WISCONSIN, WE
% ELECTED OBAMA TWICE.
% SO THE NARRATIVE CAN BE BROKEN
% BECAUSE WE BROKE IT TWICE.
% AND WE BROKE IT TO ELECT OUR
% FIRST AFRICAN AMERICAN PRESIDENT
% AND WISCONSIN WAS THE ONES THAT
% GAVE HIM THE VICTORY TWICE.
% WE HAVE THE HISTORY AND WE HAVE
% A HISTORY OF BEING PROGRESSIVE
% ON IDEAS AND USING CHARACTER
% OPPOSED TO COLOR TO DEFINE WHAT
% INDIVIDUALS ARE.
% >> ARE YOU RUNNING AGAINST THEM
% IN THE PRIMARY OR TRYING TO
% DISTINGUISH YOURSELVES AS THE
% TWO LIBERALS VERSUS
% CONSERVATIVES.%>> WHAT DEFINE
S ME IS WE'LL HAVE
% VALUES THAT MAKE A DIFFERENCE
% AND FORMER PROSECUTORS ELECTED
% AS JUDGE COMMITTED TO THE RULE
% OF LAW AND WHAT DIFFERENTIATES
% ME BETWEEN THEM IS THE
% LEADERSHIP ON AND OFF THE BENCH.
% RATHER USING MY VOICE AND MY
% POWER OF THE BLACK ROLE TO TAKE
% HANDCUFFS OFF CHILDREN TO MAKE
% IT MORE FAIR OR RULES TO REMOVE
% CCAP AND REMOVE PEOPLE CHARGED
% AND THEN DISMISSED OR EVICTIONS
% DISMISSED.
% IN FACT I JUST FOUND U.W. LAW
% SCHOOL HAS AN APP TO ALLOW
% PEOPLE MORE EASILY GET THE
% CHARGES THEY HAVE BEEN FOUND NOT
% GUILTY OF OFF THEIR RECORD AND
% PEOPLE HAVE EASIER ACCESS BUT
% AND IF NOT WE WOULDN'T HAVE BEEN
% ABLE TO GIVE RELIEF TO
% WISCONSINITE.%THOSE ACTIONS
AND VALUES
% DIFFERENTIATE ME FROM THE REST
% OF THE FIELD BECAUSE I'M TRYING
% TO MAKE SURE THE SYSTEM IS FAIR
% AND NONE OF THIS STUFF I'M GOING
% TO BE FAIR BECAUSE IT'S NOT FAIR
% AND THERE'S INEQUALITY BUILT
% INTO THE SYSTEM BUT IT'S OUR
% JUDGE TO MAKE SURE THOSE ARE
% RECEIVE DUE RECEIVE IN A FAIR
% AND BALANCED WAY AND WE'RE NOT
% REPEATING A SYSTEM THAT
% SOMETIMES CAN OPPRESS AND HURT
% THOSE IN FRONT OF US.
% >> ONE PHRASE THAT GETS TOSSED
% AROUND IS JUDICIAL ACTIVISM.
% WHAT'S THAT MEAN TO YOU?
% DOES IT HAVE A MEANING MOST CAN
% AGREE ON?
% >> I THINK IT MEANS JUDGES ARE
% INVOLVING THEMSELVES IN CREATING
% LEGISLATION FROM THE BENCH.
% THEY'RE NOT JUST FOLLOWING THE
% RULE OF LAW BUT ACTUALLY TAKING
% A MORE PROACTIVE IN THEIR
% RULINGS TO IMPACT DECISIONS
% BEING MADE.
% AN EXAMPLE OF ACTIVISM IN SOME
% WAYS IS THE ROLE OF OVERTURNING
% ROE BECAUSE IN MANY WAYS THEY
% WERE DOING SOMETHING AND ASKING
% FOR THE WHAT THE WORLD WAS NOT
% ASKING FOR.
% IT WAS A CONSERVATIVE GROUP --
% IT WAS CONSERVATIVE ACTIVISM SO
% IT'S CREATING LEGISLATION FROM
% YOUR DECISION WHICH IS KIND OF
% INTERESTING.%IN MANY WAYS IF
ANYBODY'S EVER
% BEEN A CIRCUIT COURT JUDGE
% YOU'RE ALWAYS ASKED TO MAKE
% DECISIONS FOR WHICH THERE'S NO
% ANSWERS IN STATUTE OR CASE LOAD
% SO YOU HAVE TO BE ACTIVE IN
% CREATING FAIRNESS.
% YOU HAVE TO BE ACTIVE IN
% CREATING JUST OUTCOMES FOR
% PEOPLE.
% YOU HAVE TO BE ACTIVE IN THE TO
% MAKE REFORMS AND TO MAKE YOU'RE
% COMMUNITY BETTER.
% IN MANY WAYS IT'S A POLITICAL
% TERM THAT'S MEANT TO DISTRACT US
% FROM THE ROLES EVERYDAY JUDGES
% DO BECAUSE IT'S NOT ALWAYS
% CLEARLY DEFINED WHAT YOU'RE
% SUPPOSED TO DO AND RULE
% DECISIONS.
% >> THIS WILL BE ONE OF THE MOST
% HIGHLY ANTICIPATED SUPREME COURT
% DECISIONS IN THE STATE'S
% HISTORY.%ARE YOU GETTING THE
SENSE FROM
% PEOPLE THEY UNDERSTAND THE
% MAGNITUDE THERE'S A LOT OF
% PEOPLE OUTSIDE WISCONSIN PAYING
% ATTENTION TO THE SIGNIFICANCE OF
% THIS RACE?
% >> A LOT OF WISCONSINITES ARE
% STILL STRUGGLING WITH INFLATION
% AND RENT AND HOW MUCH DOES IT
% COST TO GET A CARTON OF EGGS
% NOW?
% YOU USED TO GET THEM FOR 99
% CENTS AND THOSE DAYS ARE GONE.
% THE EVERYDAY STRUGGLED
% WISCONSINITES ARE FACING IS WHAT
% I HEARD THROUGHOUT THE FACE IS
% SUCKING UP THE ENERGY.
% AS WE TURN TO FEBRUARY IT WILL
% GIVE MORE ABILITY FOR PEOPLE TO
% SAY HOW DOES THIS MATTER TO ME.
% IF A CAMPAIGN IS EFFECTIVE AND I
% THINK WE'VE BEEN EFFECTIVE IN
% MANY PLACES UNDERSTANDING COURT
% SYSTEMS HAVE A DIRECT IMPACT IN
% YOUR LIFE.
% HOW?
% YOU FELT IT IN NOVEMBER.
% HOW'S IT IMPACT YOU?
% YOU FEEL IT WITH INCARCERATION
% AND HOW IT IMPACTS YOU AND THE
% SUPREME COURT IS LOOKING AT THE
% IMPACT OF INDIGENOUS AND NATIVE
% COMMUNITIES.
% TRANSLATING THE NEED FOR HAVING
% PEOPLE WHO UNDERSTAND THE WORLD
% OF ISSUES AS SO MANY
% WISCONSINITES FEEL IS GOING TO