THERE
A
RE
THREE
CANDIDATES
% RUNNING FOR
THE
WISCONSIN% SUPREME COURT
T
HIS
SPRING.
% WE'LL BE
TALKING T
O
ALL
THREE
% THIS MONTH A
ND
FIRST UP IS
THE
% INCUMBENT, JUSTICE DAN
KELLY.
% JUSTICE KELLY
W
AS
APPOINTED
T
O
% THE
BENCH
I
N
2016
BY
GOVERNOR% SCOTT WALKER.
% BEFORE
THAT, HE
WAS
IN
PRIVATE
% PRACTICE
IN
WAUKESHA.
% JUSTICE
KELLY,
THA
NKS
FOR
YOUR
% TIME TODAY.%>>
THANKS SO
MUCH
FOR
HAVING ME
% ON.%>> YOU
HAVE
NEVER
FACED
THE
% VOTERS
OF WISCONSIN
BEFORE.
% WHY
SHOULD
T
HEY
ELECT
YOU
TO
A
% FULL
TEN-YEAR TERM
ON
THE
COURT?
% >> I
APPRECIATE THE QUESTION.
% I
THINK
THE
ANSWER
LIE
S
IN
M
Y
% PHILOSOPHY,
FAITHFULNESS TO
THE
% CONSTITUTION
AND
APPLYING ITS
% TERMS THE
W
AY
IT'SEN
IT'S
WRITTEN
AND
% MAINTAINED BY
THE PEOPLE OF
% WISCONSIN.
% THERE'S A
RE
AL
R
EALLY
IMPORTANT
% REASON W
HY
TH
AT
NEEDS TO
BE
THE
% CASE.
% AND IT
LIE
S IN
THE
RELATIONSHIP
% BETWEEN THE PEOPLE
OF
WISCONSIN,
% THEIR CONSTITUTION
AN
D
THE
% JUSTICES OF
THE SUPREME
COURT.
% SEE, WHEN
I
COME
T
O
THE
CHAMBERS
% IN
THE
MORNING, I DON'T
BRING
% THE
AUTHORITY
WITH
ME
T
HAT
I
% EXERCISE
BECAUSE
I
T
DOESN'T
% BELONG TO ME.
% IT BELONGS TO
THE
P
EOPLE.
% THEY
SIMPLY
LOAN
IT
TO
US
% THROUGH
THE
IR
CONSTITUTION.
% THEY'VE
STRUCTURED
THAT
% CONSTITUTION
IN A
W
AY
T
O
% ACCOMPLISH
T
WO
VER
Y
IMPORTANT
% OBJECTIVES.
% ONE
IS
SECURING THEIR
FREEDOMS
% AND
LIBERTIES
AND T
HE
SECOND
IS
% PRESERVING LAW AND
ORDER
I
N
% THEIR
COMMUNITIES.
% SO OUR
ROL
E IN
TH
AT
IS
T
O
SIMPLY
% APPLY
THE
LAW AS
I
T
EXISTS.
% WE'RE
THERE
TO
EXERCISE
THE
% JUDICIAL
POWER
TO
APPLY
THE LAW
% TO THE
C
ASE
I
N F
RONT
O
F
US.
% PEOPLE
H
AVE
N
O
T ASKED
US
T
O
% LEGISLATE
FROM
THE BENCH.
% SO
DON
'T
MAK
E
THE
LAW,
WE
% DON'T IGNORE
THE
LAW,
WE
DON'T
% PLAY FAVORITES
WITH
THE
LAW.
% WE
SIMPLY
APPLY
THE
LAW
WIT
H
% SIMPLY
FEAR
NOR
FAVOR
F
OR
ANY
% PERSON OR
PARTY.
% WHEN WE
D
O
T
HAT,
WE'RE
FAITHFUL
% TO THE
TERMS OF
THE
% CONSTITUTION.
% WHEN
WE'
RE
FAITHFUL
T
O
THE
% CONSTITUTION, WE'RE
FAITHFUL T
O
% THE PEOPLE OF
WISCONSIN.
% THAT
PRESERVES THEIR
FREEDOMS
% AND
LIBERTIES
AND
IT
PRESERVES
% SECURITY IN THE R
ULE
OF
LAW
IN
% THEIR COMMUNITIES.%>> YOU
RECENTLY
DECIDED
TO
% RECUSE
YOURSELF
FROM A
CASE
THAT
% COULD COME
BEFORE
THE SUPREME
% COURT
REGARDING A CONSERVATIVE
% GROUP'S
EFFORT T
O
FORCE
THE
% REMOVAL OF
230,000
NAMES
FRO
M
% THE
VOTER
REGISTRATION
ROLES.
% WHY
DI
D
Y
OU
DECIDE
T
O
RECUSE?
% >>
WELL
,
MOSTLY
BECAUSE
OF WHAT
% YOU JUST
SA
% THE CASE
INVOLVE
S OVER
200,000
% PEOPLE
WHO WILL
BE
PARTICIPATING% OR NOT
PARTICIPATING IN
THE
% ELECTION WHERE
MY
N
AME WILL BE% ON
THE
BALLOT.
% I THINK
IT'S IMPORTANT FOR THE
% PEOPLE TO
UNDERSTAND
THAT
WE
DO
% NOTHING
BUT
IMPARTIALLY APPLY
% THE
LAW WITHOUT
RESPECT T
O
AN
Y
% OUTSIDE
INFLUENCES OR
ANYTHING
% THAT
WOU
LD
AFFECT M
E
PERSONALLY.
% AND I WANT TO
MA
KE
SURE
THAT
NOT
%
ONLY IS THAT
TR
UE
IN
FACT,
BUT
% THAT
THE
APPEARANCES
OF
THAT
A
RE
%
ALIGNED WITH WHAT
I
S
ACTUALLY
% FACTUAL.
% AND SO
I
D
ECIDED
TO
RECUSE
% MYSELF FROM THAT
CASE.% >>
JUSTICES
HAVE
BROAD
AUTHORITY
% ON
WHEN
TO
RECUSE.
% YOUR
OPPONENTS
HAVE
SAID THEY
% WOULD
LIKE TO SEE
TIGHTER
RULES.
% DO YOU THINK THE
SYSTEM
WORKS
AS% IT
IS?
% >>
WELL,
I
IT HAS
BEEN
% WORKING
FOR A
VERY
LONG
TIME
TH
E
% WAY THAT IT I
S.
% AND
WHILE
I
'M
ALWAYS
OPEN TO
% LOOKING
A
T
POTENT
POTENTIAL
AMENDMENTS,
%
I
THINK WE
N
EED
TO
BE
SURE
WHEN
% WE DO
THAT,
WHEN
WE
LOOK AT
% CIRCUMSTANCES THAT MIGHT CALL
% FOR A
CHANGE,
THAT
W
E DO
IT
I
N A
% WAY THAT
D
OES
N
OT
INTRODUCE
% OPPORTUNITIES
FOR
POLITICAL
% GAMESMANSHIP
AM
ONGST
PARTIES
O
R
% AMONGST THE
MEMBERS OF THE
% COURT.
% SO
I'M
ALWAYS
OPEN TO
LOOKING
A
T
% NEW
PROPOSALS,
BUT WE
NEED
TO
% MAKE
SUR
E
TH
AT
I
T
ACCOMPLISHES
% THE
OBJECTIVE
O
F
OUR RULES
O
F
% RECUSAL, WHICH IS
MAKING
SURE
% THAT
WE
D
O
THE
JOB
OF A
JUSTICE,% THAT
IS,
IMPARTIALLY
APPLYING
% THE LAW TO
THE
CAS
E
IN
FRONT
OF
% US.%>>
TECHNICALLY SUPREME COURT
% ELECTIONS ARE
NONPARTISAN, BUT
% LATELY THAT'S BEEN
IN
N
AM
E
ONLY.
% REPUBLICANS AND
DEMOCRATS ARE
% INVOLVED IN
CAMPAIGNS,
% ORGANIZING VOTERS.
% SO
WHY IS
I
T WRONG
FOR
SOME
% VOTERS TO
ASSUME
YOU
REPRESENT
% REPUBLICANS AND
Y
OUR
OPPONENTS
%
ARE
REPRESENTING THE
D
EMOCRATS
% IN THIS
CASE?
% >> I
THINK
IT'S A
CATEGORY
ERROR
% TO
SUGGEST
TH
AT
WE
REPRESENT ONE
% PARTY
OR
ANOT
HER
OR
THEI
R
% ISSUES.
% AS
I
MENTIONED, ONE OF
THE
% PRIMARY
AND
CENTRAL
ASPECTS
O
F
% MY
JUDICIAL
PHILOSOPHY I
S
% SETTING
ASIDE
PERSONAL
POLITICS
% AND PERSONAL
BELIEFS
AND
% POSITIONS AND
SIMPLY
APPLYING
% THE LAW
TH
E
WAY
IT
EXISTS.
% THIS IS
T
HE
ONLY
W
AY
TH
AT
ALLOWS
% US
T
O
PRESERVE
FREEDOM
A
ND
% LIBERTIES AND LAW
A
ND
ORDER
I
N
% OUR
COMMUNITIES.
% SO W
HE
N
I
WORK
ON
CASES,
W
HEN
I
% DECIDE
CASES,
WHEN
I
WRITE
% OPINIONS,
THE
WAY
I APPROACH
IT% TO MAKE SURE THAT
THOSE
THINGS
% ARE PUT
TO
THE
SIDE
I
S
TO
APPLY
% RIGOROUS
LOGIC.
% WE HE
S
TART
WIT
H
THE
START
WITH
THE
PREMISES
AND
% USE
RIGOROUS LOGIC
T
O
WORK
OU
R
% WAY DOWN TO THE
CONCLUSION.
% AND IF
Y
OU
D
O
TH
AT
WELL
A
ND
% DILIGENTLY, THAT
WIL
L
SQUEEZE
% OUT ANY
O
F
YOU
R
PERSONAL
% POLITICS OR ANY
OF
YOU
R
P
ERSONAL
% POSITIONS OR
BELIEFS,
BECAUSE
% LOGIC DOESN'T
C
ARE
ABOUT
YOUR
% POLITICS,
RIGHT?
% IT
SIMP
LY I
S.
% AND
SO
IF
WE
DO
THAT
WELL,
THEN
% WE'LL
AL
WAYS
ARRIVE
A
T
A
% CONCLUSION THAT IS REQUIRED BY
% THE LAW
AND
NOT
BY
OUR
PERSONAL
%
PREFERENCES.%>>
WE'VE
GO
T
ABOUT A MINUTE
% LEFT.
% LAST YEAR
DURING
THE
LAM
E
DUCK
% SESSION
REPUBLICANS AND
% LEGISLATION CONSIDERED
MOVING
% THE DATE OF
THE SUPREME
COURT% ELECTION TO GET
AWAY
FRO
M
THE
% PRESIDENTIAL PRIMARY
AN
D
% POTENTIAL HIGHER
TURNOUT AMONG
% DEMOCRATS.
% HOW WILL
INCREASED VOTER
TURNOUT
% IMPACT YOUR
ELECTION?
% >> I DON'T THINK IT'S
GOING
TO
% IMPACT
IT MUCH AT A
LL.
% THE REASON
F
OR
THAT
I
S
THIS.
% I THINK
PEOPLE
OF
WISCONSIN,
% REGARDLESS
OF
THEIR
POLITICAL
% PARTY
TO
WHICH
SUBSCRIBE, THEY
% WANT
THE
SA
ME
THING OUT
O
F
% JUSTICE OF
THE SUPREME
COURT.
% THEY
WAN
T A
JUSTICE
WHO
WIL
L
% APPLY THE
LAW,
WH
O
WON'T
IN
% THEIR PERSONAL
BELIEFS
O
R
% POLITICS INTO
THE
% DECISION-MAKING.
% SO WHETHER
THERE'S
MOR
E
% DEMOCRATS THAT
T
URN
OUT
THAN
% REPUBLICANS, I DON'T THINK%TH
AT'S GOING
T
O
MATTER
MUCH
% BECAUSE I
THINK
THEY
AL
L
WANT
% BASICALLY
THE
SAME
THING, A
% JUSTICE WHO
WIL
L
JUST
APPLY THE
% LAW.
% AN
D
THAT'S
WHAT
I'V
E
BEEN
DOING
% SINCE 2016.%>>
W
ERE
YO
U
HOPING
THA
T
THE
DAT
E
% WOULD GET
CHANGED OR DID YOU
% HAVE AN OPINION
ON
WHETHER
THE
% DATE
SHOULD
REMAIN?% >>
WELL,
I
T
RY
NOT
TO PEER
INTO
% THE
FUTURE
A
ND
SEE
WHAT
MIGHT
% OCCUR OR
NOT
OCCUR
BASED
ON
% CHANGES
LIK
E
THAT
BECAUSE
YOU
% NEVER KNOW WHAT
THE
CONSEQUENCES% MIGHT BE.
% SO I
LO
OK
AT
THE
PEOPLE
OF
% WISCONSIN
AND I
HAVE
FAITH
THAT
%
WHEN
IT
COMES
TIME
FOR
T
HE
% ELECTION, THEY'RE GOING
TO
D
O
% THE RIGHT
THING.
% THEY'RE GOING TO
LOOK
FO
R
% SOMEONE
WHO
'S
G
OING TO B
E
% FAITHFUL TO
THE
CONSTITUTION.
% AND
I
THI
NK
THE
Y'RE
G
OING
T
O
D
O
% THAT REGARDLESS
O
F WHETHER
% THEY'RE
DEMOCRATS OR
REPUBLICANS
% OR
INDEPENDENTS OR
WHATEVER
% OTHER
POLITICAL
PERSUASION
THEY% MIGHT
BE.
% SO
I
INV
ITE
THEM
ALL
TO
COME
% OUT, AS
MUC
H
AS
POSSIBLE,
% REGARDLESS
O
F
THE
PARTIES
% THEY'RE
AFFILIATED
WITH.
% COME OUT IN
THE SUPREME COURT
% ELECTION.
% LET US
KNOW WHAT YOU
THINK.
% AND I'LL
REST
M
Y
FAI