O
2020
ELECTION
% COVERAGE OF THE
STATE SUPREME
% COURT RACE.
% IN
TONIGHT'S
CLOSER
LOOK,
WE
% CONTINUE OUR
INTERVIEWS WITH
THE
% CANDIDATES RUNNING
IN
THE
% FEBRUARY 18
PRIMARY
RAC
E
F
OR
THE
% HIGH COURT.
% LAST
WEEK,
W
E
SPOKE
WITH
% INCUMBENT
JUSTICE
DANIEL
KELLY.
% NEXT
WEEK JILL KAROFSKY WILL BE
% HERE.
% TONIGHT, A
CONVERSATION
WITH ED
% FALLONE W
HO
BEGAN
HIS
CAREER
IN
% PRIVATE LAW
PRACT
ICE
IN% WASHINGTON D.C.
% HE'S
BEEN ON
THE
FACULTY
OF
THE
% MARQUETTE UNIVERSITY
LAW SCHOOL
% FOR
THE
P
AST
2
5
YEARS.
% ED FALLONE
JOINS
U
S
TONIGHT
FROM
% MILWAUKEE AND
THANKS
VERY
MUCH
% FOR BEING
HERE.
% >>
PLEASURE TO BE
HERE,
% FREDERICA.%>>
WELL,
WHY ARE
YOU
RUNNING FOR
% THE
STATE SUPREME
COURT?
% >>
OH,
W
ELL,
I
TEL
L
Y
OU,
YOU
% MENTION
I
RAN
FOR
THE
COURT
I
N
% 2013.
% AT THAT TIME I WAS
TALKING
ABOUT
% THE DYSFUNCTION
IN
THE
COURT,
% THE FACT
THAT
WE
H
AD
O
NE
JUSTICE
% PHYSICALLY
ASSAULT
ANOTHER
% JUSTICE, AND
I
SAID IT
WAS
TIME
% TO END
THE
DYSFUNCTION AND
GET
% THE
COURT
WORKING
TOGETHER.
% AND
A
S
I'V
E
WATCHED
SINCE
THEN,
% AS
W
E
GET
TO
NOW
2020,
I
F
% ANYTHING, TH
E
C
OURT
I
S
MORE
% DIVIDED.
% IT SEEMS THEY
DON
'T
TALK
TO EACH
% OTHER.
% AND
I
THI
N
K
WE MORE
THAN
EVER
% NEED
TO
REF
OR
M
THE
COURT
AND
% MAKE A
CHANGE.% >>
HOW
DO
YOU
REFORM
THE
COURT
% TO
FIX W
HAT YOU
DESCRIBED
THEN
% AND
S
AY
PERSISTS
AS
DYSFUNCTION?% >>
WELL,
I
THINK
IT'S
IMPORTANT
% TO
RECOGNIZE
THAT WE
N
EED A
% WIDER DIVERSITY
OF
EXPERIENCE
% AND A
WIDER
DIVERSITY
OF
LEGAL
% PERSPECTIVES ON THE COURT.%
IF YOU
WAN
T
O
CHANGE THE
WORK% OF THE C
OURT
AND
MAK
E
IT
BETTER,
% YOU
BRI
NG
MOR
E
VIEWPOINTS,
M
ORE
% PERSPECTIVE.
% AND S
O
WHA
T I
BRING
I
S A
% CONSTITUTIONAL
L
AW
PROFESSOR,
% SOMEONE
WHO'S AN
E
XPERIENCED
% CRIMINAL DEFENSE
L
AWYER AND
% SOMEONE
W
HO'S
WORKED
AS
A
% COMMUNITY
ADVOCATE
I
N
% COMMUNITY-BASED GROUPS PROVIDING%
LAWYERS TO
WORKING
FAMILIES
AND
% TRY AND
GET
MORE
PERSPECTIVE
SO
% WE CAN
GET
THE
COMMUNICATION
% GOING AND
BUILD
CONSENSUS.
% JUST
ELECTING
MORE OF
THE
S
AME
% JUDGES
WITH
NARROW
PERSPECTIVES% IS NOT
GOI
NG
T
O
CHANGE
OUR
% SYSTEM.%>>
Y
OU
ALSO
SAID
SEVEN
YEARS
% THAT IT
IS A
MISTAKE
TO
INJECT
% POLITICS
INTO JUDICIAL
RACES
AND
% YET
TOD
AY
THE
IDEA
THAT SUPREME
% COURT
ELECTIONS
ARE
NONPARTISAN
% IS
LARGELY
IN
NAME
ONLY.
% YOU
ARE
ENDORSED
B
Y
THE
% MILWAUKEE DEMOCRATIC
PARTY.
% WHY
SHOULDN'T
CITIZENS
BELIEVE
% THAT
RESULTS
I
N
PARTISAN,
% FOREGONE
DECISIONS?
% >>
WELL,
FIRST
LET
M
E
CORRECT
% YOU.
% I DON'T BELIEVE
I'
VE
B
EEN
% ENDORSED
B
Y
TH
E
MILWAUKEE
COUNTY
% DEMOCRATIC PARTY.
% IF IT
HAPPENED, IT WAS
NEWS
TO
% ME.
% I AM
RUNNING A
NONPARTISAN
% CAMPAIGN.%IN
FACT,
I'M
THE
ONLY
CANDIDATE
% WHO'S
TRYING
TO
KEEP
POLITICS% OUT
OF
THI
S
RACE.
% WE HAVE
OUR
INCUMBENT, DANIEL
% KELLY, WHO YOU
INTERVIEWED LAST% WEEK.
% HE'S
LOCATED
HIS
CAMPAIGN
% HEADQUARTERS IN
THE
REPUBLICAN
% PARTY
HEADQUARTERS.
% HE'S AN
EMBRACED
HIS
POLITICAL
% AFFILIATION.
% ON THE OTHER
HAND,
% WE
SE
E
PARTISAN
ATTACKS
BEING
% MADE
B
Y
OTHER
CANDIDATES
THAT
% REALLY
POISON
THE
WATER
S
A
ND
% PREVENT ANY
S
ORT
OF
COOPERATION
% OR
CONSENSUS-BUILDING.
% MY
CAMPAIGN HAS BEEN TO
MAKE AN
% AFFIRMATIVE CASE FOR
MY
% EXPERIENCE AS A LAW
PROFESSOR,
% MY EXPERIENCE
STANDING
SHOULDER
% TO
SHOULDER
WIT
H
WORKING
% FAMILIES WHO
HAV
E
LEGAL
PROBLEMS
% AND TRYING T
O
HELP
THEM
GET
% LEGAL
REPRESENTATION.
% AND
MY
E
XPERIENCE
I
N
TH
E
LATINO% COMMUNITY.%I WOULD B
E
THE
FIRST
LATINO
% JUSTICE
ON
O
UR
STATE SUPREME
% COURT.
% AND I
UNDERSTAND
THE
CHALLENGES% OF
OUR
IMMIGRANT
COMMUNITIES IN
% THE STATE
AND HAVE
BEEN
WORKING
% FOR
O
VER
25
YEARS
T
O
TRY
AND
% HELP AND
GIVE BACK
T
O
THAT
% COMMUNITY.
% SO I'M
MAKING A
N
AFFIRMATIVE
% CASE
BASED
O
N
MY
QUALIFICATIONS.
% I A
M
NO
T
ENGAGING
I
N
PARTISAN
% ATTACKS.%>> DO YOU FEE
L
A
S
THOUGH
%
RECENT
DECISIONS FRO
M
O
UR
HIGH
% COURT HAVE BEEN
POLITICAL?
% >>
OH
, I
T
HINK
SO.
% I
THINK
W
E
SEE
S
OM
E
VERY
% TROUBLING TRENDS.
% WE'VE SEEN
OPINIONS
IN
THE
LAST
% FEW
YEARS
WHERE
CERTAIN
JUSTICES% ON THE
C
OURT
MAKE
NOTICE OF
THE
% POLITICAL
AFFILIATION OF THE
% PARTIES IN
THE
CASE,
WHICH
IS
% NEVER
RELEVANT
TO
DECIDING A
% LEGAL
QUESTION.
% AND W
E
SE
E
INSTANCES
WHERE
THE% COURTS -
-
THE
JUSTICES
SOMETIMES
% DON'T EVEN S
EEM
TO
TALK T
O
EACH
% OTHER.
% ONE
BLOC
K
IS
TALKING
TO
ITSELF,
% WRITING
ITS OWN
OPINION.
% THE OTHER
BLOCK
IS
DISSENTING.
% AND I DON'T SEE ANY
EFFORT,
ANY
% EFFORT REALLY TO
REACH ACROSS
% THE DIVIDE AND TRY
AND
FIND
% CONSENSUS IN THE
MIDDLE.
% AND THAT'S
WHAT
I
FIND
% TROUBLING.
% BECAUSE
THE
COURT
BELONGS
T
O
ALL% OF
US
IN
WISCONSIN.
% IT WORKS
F
OR
A
LL
OF
U
S.
% AND
IT'S
SELF-INDULGENT F
OR
THE
% JUSTICES TO
JUST
VIEW
IT
A
S
% THEIR
O
WN
PARTISAN FIGHT
TO
% EXPRESS THEIR
OWN
PARTISAN
% VIEWS.%>> WHAT'S
YOUR
POSITION
ON
% WHETHER
RECUSAL
RULES SHOULD BE
% TIGHTER?%>>
WELL, THIS
IS
SOMETHING I'VE
% BEEN
V
ERY
CONSISTENT ON.
% WHEN I
RAN
IN
2013, IT
WAS ONE
% OF
M
Y
MAJOR
CAMPAIGN
PLATFORMS
% AND
IT
CONTINUES TO BE.
% IT'S
JUST
THIS
SIMPLE.
% WE
HAVE A
CURRENT
COURT
RULE% THAT
ALLOWS
JUSTICES
T
O
S
IT
ON
% CASES
AND
DECIDE
CASES
WHEN A
% MAJOR
CAMPAIG
N
CONTRIBUTOR IS
% ONE OF THE PARTIES
I
N
THE
CASE.
% AND THAT'S
JUST
WRONG,
BECAUSE
% IF
SOMEONE
LOSES
IN A
LAWSUIT
A
T
% OUR
STATE SUPREME
COURT
O
R
% ANYWHERE
AND
THEY
WAL
K
AWAY
FROM
% THE
COURTROOM
WITHOUT
KNOWING
% WHETHER THEY
LOST
ON
THE
MERITS% OR
THEY
LOST
BECAUSE
THEIR
% OPPONENT HAD
M
ADE
SIGNIFICANT
% CAMPAIGN
CONTRIBUTIONS TO
THE
% JUDGE, THAT
UNDERMINES OUR
% SYSTEM
O
F
JUSTICE.
% WE
NEED
T
O
CHANGE THA
T
RULE
AN
D
% THAT'S
SOMETHING I'V
E
% CONSISTENTLY
ARGUED FOR AS A% CANNED EIGHT AND
E
VEN
I
N
WORKING
% WITH COMMON
CAU
SE
WISCONSIN
AND
% OTHER
GROUP
S
ADVOCATING
FOR
% CHANGE SINCE
TH
EN.
% >>
DANIEL
KELLY
SAYS
HE
ONL
Y
% APPLIES THE
L
A
W
IN
CASE
S
AND
% DOESN'T,
QUOTE, LEGISLATE FROM
% THE
BENCH.
% HOW WOULD YOU
VIEW
Y
OU
R
ROLE
AS% A
JUSTICE?
% >>
WELL,
FIRST
O
F
ALL
,
OULD
% COMPLETELY TAKE ISSUE
WITH
% JUSTICE
KELLY'S
SELF-SERVING
% DESCRIPTION OF WHAT
HE
DOES.
% IT'S
VE
RY
CLEAR T
HAT
HE
HAS AN
% AGENDA ON
THE
BENCH.
%
THIS IS
SOMEONE WHO
ATTENDED
THE
% CHRISTIAN
BROADCASTING
NETWORK% UNIVERSITY SCHOOL
OF
LAW, A
LAW
% SCHOOL THAT WAS
FOUNDED
WITH
THE
% PURPOSE
O
F
ADVOCATING A
BIBLICAL
% INTERPRETATION OF
OUR
% CONSTITUTION.
% IT'S SOMEONE WHO
REPRESENTED
% REPUBLICAN OFFICE
HOLDERS
AND
% THE REPUBLICAN PARTY
IN
H
IS
% LEGAL PRACTICE.
% HE'S
S
OMEONE
W
HO
HI
S
WHOLE
L
EGAL
% CAREER
H
AS
ADVOCATED
FOR AN
% AGENDA.
% SO IF THERE
I
S
SUCH A
THING
A
S% AN
ACTIVIST ON THE
RIGHT,
% CERTAINLY
JUSTICE
KELLY F
ITS
% THAT
DEFINITION.
% I HAVE BEEN
PRINCIPLED.
% I HAVE
STOOD
FOR
THINGS LIKE
% RIGHTING
FOR
EQUAL
PROTECTION
% UNDER THE LAW,
FIGHTING FO
R
FREE
% SPEECH UNDER
THE
LAW
.
% BUT THESE
ARE
PRINCIPLES THAT% ARE
GROUNDE
D
I
N
OUR
% CONSTITUTION.
% THEY'RE THE
SAME
EXACT
% PRINCIPLES
I'LL
F
IGHT
FO
R
WHE
N
I
% TAKE THE
OATH
O
F
O
FFICE ON
THE
% BENCH.%>> ED
FALLONE,
THANKS
VERY
MUCH
% FOR
JOINING
U
S.
% >>
MY
PLEASURE.
% IN IN
FACT, A
QUICK RECHECK
% SHOWS THE
DEMOCRATIC
PARTY
O
F
% MILWAUKEE COUNTY
ITSELF
DID
NOT
% ENDORSE,
BUT
PEOPLE
LISTING
% THEIR AFFILIATION
WI
TH
THE
PARTY
% HAVE DONE SO.
% NEXT
WEE
K,