%>> 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 Y