TEST.
TESTING.
>> Frederica: WITH THE
UNPRECEDENTED PROJECTING ABOUT
THE SURPLUS THE JOCKEYING IS
UNDERWAY FOR CRITICAL NEEDS.
AMONG THEM CLEANING UP FOREVER
CHEMICALS AND PFAS WHERE THEY'RE
SUPPLIED BOTTLES.
THE WORSE CONTAMINATION IN
WISCONSIN.
MEDIATION.
>>
>> THE FOLLOWING PROGRAM IS A
PBS WISCONSIN ORIGINAL
PRODUCTION.
>> PRESIDENT JOE BIDEN DELIVERS
HIS STATE OF THE UNION ADDRESS
BEFORE LANDING IN WISCONSIN.
STATE LAWMAKERS OUTLINE
STRATEGIES FOR THE LABORIOUS
BUDGET PROCESS AND A PRIVATE
LAND DISPUTE LEAVE RESIDENTS
TRAPPED IN THEIR HOMES.
I'M FREDERICA FREYBERG.
TONIGHT ON "HERE & NOW", A
PREVIEW OF UPCOMING STATE BUDGET
DELIBERATIONS.
THE EMERGENCY EFFORTS BEING
DEPLOYED IN A SMALL TOWN WITH
OFF THE CHARTS PFAS
CONTAMINATION.
A CONFLICT OF LAND OWNERSHIP
LEADS TO A STANDOFF WITH NO END
IN SIGHT.
AND THE NEXT SERIES OF
INTERVIEWS WITH CANDIDATES FOR
THE STATE SUPREME COURT.
IT'S "HERE & NOW" FOR FEBRUARY
10.
>> FUNDING FOR "HERE & NOW" IS
PROVIDED BY THE FOCUS FUND FOR
JOURNALISM AND FRIENDS OF PBS
WISCONSIN.
>> LABORS IN WISCONSIN, UNION
WORKERS ACROSS THE COUNTRY ARE
SEEING IT FIRST-HAND.
BECAUSE FOR THE FIRST TIME IN A
LONG TIME WE'RE BUILDING THE
ECONOMY FROM THE BOTTOM UP AND
MIDDLE OUT.
BOTTOM UP AND MIDDLE OUT WITH
UNION LABOR.
>> Frederica: IS THAT WAS
PRESIDENT JOE BIDEN IN DE FOREST
THIS WEEK STRAIGHT OFF THE STATE
OF THE UNION ADDRESS PROMOTING
HIS ECONOMIC PLAN AND INCREASED
JOBS AND LOWER INFLATION.
IN STATE NEWS, NEXT WEEK
GOVERNOR TONY EVERS WILL LAY OUT
HIS VISION FOR HOW THE STATE
SHOULD SPEND THE $7 BILLION
SURPLUS.
WE ASKED THE LEGISLATIVE LEADERS
AND THE GOVERNOR IF SHEHE SHOULD
CRAFT A BUDGET WELCOME BY
REPUBLICANS OR SHOULD CONTINUE
TO INCLUDE BIG IDEAS EVEN IF
THEY WERE DEAD ON ARRIVAL IN THE
REPUBLICAN LEGISLATURE.
>> I DO SEE IT TWOFOLD.
WE NEED TO PUT FORWARD THE
VISION FOR WHAT WE BELIEVE
WISCONSIN SHOULD LOOK LIKE.
WE NEED TO MAKE SURE THAT WE'RE
CONTINUING TO SAY THAT WORKING
FAMILIES DESERVE BETTER AND
HERE'S THE PATH THAT WE WOULD
TAKE TO GET THEM THERE.
AND WE NEED TO FIND EVERY
OPPORTUNITY TO WORK ACROSS THE
AISLE.
THAT'S WHAT THE BUDGET PROCESS
DOES.
>> A BETTER QUESTION IS THE
GOVERNOR WILLING TO NEGOTIATE.
IF HE WANTS TO PUT OUT A BUDGET
WITH POLITICAL PRIORITIES THAT'S
FINE BUT WE'LL DO WHAT WE'VE
DONE IN THE PAST START AT THE
BASE AND GO FORWARD.
IF THE GOVERNOR IS WILLING TO
WORK WITH US AND NEGOTIATE, I
THINK WE CAN ACCOMPLISH SOME OF
THE THINGS HE WANTS TO
ACCOMPLISH WHILE STILL DOING
IMPORTANT TAX RELIEF, INVESTING
IN EDUCATION, EXPANDING SCHOOL
CHOICE.
>> SO A REPUBLICAN COLLEAGUES
MAY SAY WE'RE NOT GOING TO
LEGALIZE CANNABIS IN WISCONSIN.
THAT'S DEAD ON ARRIVAL.
WE'RE NOT GOING TO EXPAND HEALTH
CARE THAT'S DEAD ON ARRIVAL.
WE'RE NOT GOING TO SUPPORT
PUBLIC SCHOOLS.
THAT'S DEAD ON A -- ARRIVAL
THAT'S WHAT MOST SUPPORT.
THEY'RE NOT PARTISAN.
AND THIS IS OUR OPPORTUNITY TO
DEBATE THEM.
FRANKLY WHEN THEY'RE INTRODUCED
AS STAND ALONE BILLS IN THE
LEGISLATURE THE REPUBLICAN WHO'S
HAVE CONTROL OVER THE COMMITTEE
PROCESS AREN'T EVEN ALLOWING US
TO COME TO THE AND HAVE A DEBATE
AND MEETING.
>> IF GOVERNOR OF EVERS CHOOSES
A WISH LIST THERE MAY BE GOOD
IDEAS IN THERE AND IF HE CHOOSES
TO MAKE IT SO FULL OF THINGS UN
UNAPPETIZING TO REPUBLICANS WITH
YOU WON'T HAVE THINGS TAKEN A
SERIOUS LOOK AT.
IT SEEMS MOST PEOPLE AROUND THE
COUNTRY IN THE DIVIDED
LEGISLATURES THE GOVERNOR OF ONE
PART AND LEGISLATURE OF ANOTHER.
THEY DON'T START OFF WITH A
CRAZY IDEA.
GOVERNOR DOYLE DID THAT IF YOU
LOOK AT HOW HE PUT HIS BUDGET
TOGETHER HE PUTTING TOGETHER
WHAT HE THOUGHT WAS REASONABLE
AS HE COULD BE AND HOPED THE
REPUBLICANS WOULD DO THE SAME
THING.
HE PROBABLY GOT MORE OF WHAT HE
WANTED THAN TONY EVERS.
UP TO HIM TO DECIDE.
>> FIRST, IF WE START WITH A
COMPROMISE POSITION PEOPLE OF
WISCONSIN WOULD BE DISAPPOINTED
WE DIDN'T TALK ABOUT THE SOME
ISSUES THEY THOUGHT WERE
IMPORTANT AND MAYBE REPUBLICANS
IN THE LEGISLATURE DON'T.
IT'S IMPORTANT TO TALK ABOUT THE
VALUES THAT WE HEAR ABOUT AND
HAVE PEOPLE TALK ABOUT IT.
AND COME TO SOME COMPROMISE
POSITION IF THEY CAN'T.
>> Frederica: WITH THE
UNPRECEDENTED PROJECTED BUDGET
SURPLUS THE JOCKEYING IS
UNDERWAY FOR HOW MUCH TO SPEND
FUNDING CRITICAL NEEDS.
AMONG THEM, CLEANING UP FOREVER
CHEMICALS FOR PFAS CONTAMINATION
ACROSS WISCONSIN.
INCLUDING IN THE TINY TOWN OF
STELLA NEAR RHINELANDER WHERE
RESIDENTS ARE NOW SUPPLIED
BOTTLED WATER BECAUSE TESTING IN
WELLS FOUND SKY HIGH LEVELS OF
THE DANGEROUS PFAS.
THE WORSE CONTAMINATION IN
WISCONSIN.
SOME OF THE SURPLUS COULD BE
USED FOR REMEDIATION.
WE SPOIK WITH MARY FELZKOWSKI AT
HER OFFICE.
FIRST, THANK YOU FOR DOING THIS.
>> YOU'RE WELCOME.
>> SO YOU HAVE SAID THAT PFAS
CONTAMINATION AND MITIGATION IS
NOT A PARTISAN ISSUE.
IT CERTAINLY SEEMS TO HAVE BEEN
IN THE RECENT PAST BUT WHAT HAS
CHANGED NOW?
>> I WOULD DISAGREE IT'S BEEN A
PARTISAN ISSUE.
I THINK THERE'S BEEN MAYBE SOME
DIFFERENT OPINIONS WHETHER 20 OR
70 PARTS PER TRILLION.
AND I THINK THE REPUBLICANS
STANCE IS LET'S NOT GET AHEAD OF
TECHNOLOGY.
YOU CAN SET A PFAS LEVEL LOW BUT
IF WE DON'T HAVE THE TECHNOLOGY
TO GET THERE, WHY WOULD YOU DO
THAT.
>> Frederica: DO YOU FEEL AS
THOUGH WE HAVE MORE TIME WHEN
WE'RE DEALING WITH THE FOREVER
CHEMICALS.
>> WE DON'T HAVE ANY TIME.
>> Frederica: WHEN WE'RE TALKING
ABOUT PEOPLE'S HOUSE WE HAVE TO
BE REALSISTIC.
TECHNOLOGY IS MOVING AT AN
ACCELERATED RATE AND HAVE TO
HAVE ATTAINABLE LEVELS.
>> Frederica: DO YOU HAVE AN
IDEA WHAT LEVEL YOU THINK IT
SHOULD BE?
>> WHEN YOU TALK TO EPA THEY
WERE AT 70 PARTS PER TRILLION
AND WISCONSIN WAS PUSHING FOR
LEVELS AT 20 PARTS PER TRILLION.
IT'S MY UNDERSTANDING THAT EPA
IS MOVING TOWARDS 20 PARTS PER
TRILLION ALSO.
>> Frederica: MEANWHILE IN THE
TOWN OF STELLA, RESIDENTS WITH
PRIVATE WELLS ARE SEEING THE
HIGHEST WELLS OF THE FOREVER
CHEMICALS ANYWHERE ACROSS THE
STATE AND WHAT IS IT 50
HOUSEHOLDS ARE NOW BEING GIVEN
DRINKING WATER.
WHAT YOUR MESSAGE TO THESE
PEOPLE IN YOUR DISTRICT?
>> I WENT TO THE MEETING IN
STELLA WITH THE PUBLIC HEARING
AND THE DEPARTMENT OF HEALTH WAS
THERE AND SOME WELLS ARE COMING
IN AT 46 MILLION PARTS PER
TRILLION.
AND WE DON'T KNOW WHERE IT'S
COMING FROM BUT PFAS HAS A
FINGERPRINT SO WHEN THEY START
TESTING THE CHEMICALS IT WILL
HAVE A DISTINCT FINGERPRINT, SO
TO SPEAK AND I KNOW IT'S NOT A
GOOD SCIENTIFIC EXPLANATION BUT
THEY'LL BE ABLE TO TRACE IT BACK
TO ITS SOURCE.
RIGHT NOW I THINK WHAT WE'RE
DOING AS FAR AS MAKING SURE THEY
HAVE CLEAN DRINKING WATER, I
CAN'T IMAGINE BEING SOMEONE IN
THE TOWN OF STELLA, IT'S NOT
ONLY YOUR LIFE BUT NOW WE HAVE A
DECREASE IN PROPERTY VALUES.
EVERYTHING THERE HAS NO ANSWERS.
>> Frederica: CAN TILL THE
PEOPLE IN STELLA AND WHERE ELSE
ACROSS THE STATE THAT THE
CALVARY IS NOW COMING BECAUSE
BUDGET RIDERS WILL BE ABLE TO
WORK WITH MORE THAN $7 BILLION
SURPLUS TO ADDRESS PFAS
CONTAMINATION?
>> THE SURPLUS WE'RE GOING PAUSE
ON THAT.
$4.5 BILLION IS ONE-TIME MONEY.
IT'S NOT FOREVER MONEY OVER
YEAR.
THE BUREAU ESTIMATES THE SURPLUS
THAT WILL BE A CONTINUING
SURPLUS IS ABOUT $2.9 MILLION.
SO A LARGE SURPLUS IS ONE-TIME
MONEY BUT IN MY WORLD THIS WOULD
BE GREAT START FOR ONE-TIME
MONEY.
I SUPPORT THE GOVERNOR PUTTING
$100 MILLION IN THERE AND WOULD
LIKE TO LOOK AT THE PROGRAMS.
WHEN HE TALKS ABOUT WELL
COMPENSATION FUND AND THAT MIGHT
NOT BE STRUCTURED PERFECTLY FOR
THE PEOPLE DEALING WITH PFAS.
WE NEED A LOT MORE KNOWLEDGE
WHERE IT CAME FROM AND HOW TO
CLEAN IT UP.
>> Frederica: DO YOU BELIEVE THE
REPUBLICAN MAJORITY AND BUDGET
RIDERS WILL ALSO SAY THAT THEY
LIKE THE $100 MILLION THE
GOVERNOR IS TALKING ABOUT?
>> WE HAVEN'T HAD THOSE
CONVERSATIONS YET SO I CAN'T SAY
BUT I KNOW MY COLLEAGUES ARE
CONCERNED WITH THIS AND THAT WE
WILL ADDRESS IT.
I CAN'T SPEAK FOR EVERYONE ELSE
AND THE LEVEL OF COMMITMENT ON
THAT.
>> Frederica: WHY SHOULDN'T
BUSINESSES THAT CAUSED THIS
CONTAMINATION HAVE TO SPAY FOR
THE REMEDIATION?
>> I DO BELIEVE ANY TYPE OF
REMEDIATION WILL BE A PUBLIC
PRIVATE PARTNERSHIP BOUGHT WE
HAVE A CHEMICAL DEVELOPED,
STUDIED BY THE EPA AND GIVEN A
STAMP OF APPROVAL BY THE
GOVERNMENT THAT SAID THIS IS A
GOOD CHEMICAL, GO AHEAD AND USE
IT.
WE USE IT IN MEDICAL DEVICES.
WE USE IT IN FOOD.
WE USE IT IN WATER-PROOFING
CLOTHING.
WE USE IT IN FIRE FIGHTING FOAM.
THE RHINELANDER AIRPORT IS BEING
SUED BECAUSE FOR BEING A PFAS
CONNECTICUT
CONNECTICUTTAMINATEOR AND ARE WITH GOING
TO BANKRUPT A COMPANY THAT WAS
GIVEN A GOVERNMENT-APPROVED
CHEMICAL AND TOLD IT WAS SAFE TO
USE IF WE DO THAT, I THINK IT
CAN BE PART OF THE SOLUTION BUT
NOT THE FULL SOLUTION.
TOUGH QUESTIONS.
>> Frederica: WITH THAT TOUGH
QUESTION WE NEED TO LEAVE IT,
SENATOR.
THANKS VERY MUCH.
>> YOU BET.
THANK YOU FOR HAVING ME.
>> Frederica: THAT WAS SENATOR
MARRY FELZKOWSKI.
HER DISTRICT ALSO INCLUDES LAC
DU FLAMBEAU WHERE ACCESS TO
HOMES OVER TRIBAL LAND HAS BEEN
BLOCKED OVER AN EASEMENT
DISPUTE.
>> IT'S BEEN TWO WEEKS SINCE LAC
DU FLAMBEAU BLOCKED FOUR ACCESS
ROADS THROUGH TRIBAL LANDS AND
RESIDENTS SAY THEY'RE NOT SURE
IF THE CHANGE WILL COME ANY TIME
SOON.
>> UNLESS ALL THE PARTIES ARE
REALLY WILLING TO SIT DOWN IN
PERSON, I'M CONCERNED THIS COULD
DRAG ON FOR A WHILE.
>> THE DISPUTE THAT BLOCKED THE
ROADS HAS TAKEN COURSE OVER THE
LAST 10 YEARS.
STARTING IN 2013, AGREEMENTS FOR
PASSAGE ON THE ROADS LAPSED
BETWEEN THE TRIBE AND TITLE
COMPANIES THAT ENSURE MOST THE
HOUSES IN THE AREA.
SINCE THEN NO NEW AGREEMENT HAS
BEEN IN PLACE.
THE ROADS IN QUESTION CUT
THROUGH TRIBAL LANDS, WHICH,
ACCORDING TO THE TRIBE, MEANS
NON-TRIBAL HOMEOWNERS HAVE BEEN
TRESPASSING.
HE SAID HE AND HIS NEIGHBORS
WERE GIVEN ABOUT TWO WEEKS'
NOTICE BEFORE THE BARRIERS CAME
UP.
IN A STATEMENT RELEASED JANUARY
31, THE LAC DU FLAMBEAU TRIBAL
PRESIDENT JOHN JOHNSON SENIOR
SAID QUOTE THE LAND OF LAC DU
FLAMBEAU AND TITLE COMPANIES
HAVE NOT ALWAYS ACTED IN GOOD
FAITH TO RESOLVE THE IRISH.
THE OF -- ISSUE.
IN RESPONSE TO THE BARRIERS,
FIRST AMERICAN, ONE OF THE TITLE
COMPANIES INVOLVED, TOLD PBS
WISCONSIN, QUOTE, FIRST AMERICAN
TITLE HAS MADE A GOOD FAITH
OFFER ON BEHALF OF OUR INSURED
HOME OWNERS BASED ON RIGHT OF
WAY EASEMENTS.
THOUGH FIRST AMERICAN SAID THEY
MADE AN OFFER, THE BARRIERS HAVE
REMAINED IN PLACE.
BECAUSE OF THESE ROADS BEING
BLOCKED, ABOUT 55 HOUSEHOLD NOW
STUCK IN A SITUATION WHERE
THEY'RE CARS COULD LEAVE BUT NOT
BE ALLOWED BACK IN.
>> THE THING WE'VE TRIED TO SAY
IS THE PEOPLE THAT DON'T HAVE
RESPONSIBILITY ARE THE PEOPLE
THAT ULTIMATELY ARE PAYING THE
PRICE ARE THE HOME OWNERS.
>> TO GET GROCERIES AND
SUPPLIES, THEY WALK ACROSS THE
LAKE TO THEIR CAR, WHICH IS
PARKED AT A NEIGHBOR'S HOUSE
LOCATED ON A PUBLIC ROAD.
>> IF WE NEED TO GET GROCERIES,
FOR EXAMPLE, OUR KIDS ARE ALL
GROWN BUT WE HAVE THEIR PLASTIC
SLEDS AND WALK ACROSS THE LAKE
AND GO TO OUR NEIGHBORS AND GET
THE JEEP AND ONLY GET AS MUCH AS
STUFF AS WE CAN FIT ON THE SLEDS
BECAUSE IT'S GOT TO MAKE IT
BACK.
>> HE SAID THE TRUCK ACROSS THE
LAKE ISN'T TOO BAD FOR HIS
FAMILY BUT FOR OTHERS IN HIS
COMMUNITY THE TRIP ISN'T
POSSIBLE.
>> WE HAVE A PERSON AND IS THE
HAD A HIGH SCHOOLER THAT IS A
SPECIAL NEEDS CHILD AND SHE AND
HER CHILD HAD TO LEAVE AND MOVE
BACK TO IOWA TO SOME FAMILY
MEMBERS BECAUSE THEY
LITERALLY -- THERE WAS NO WAY TO
HANDLE THIS OTHERWISE.
>> WHILE THE ROADS ARE BLOCKED,
THE SHERIFF SAID HE HAS BEEN IN
CONTACT WITH THE LAC DU FLAMBEAU
TRIBAL POLICE WHO SAY THEY HAVE
DIRECTED TWICE DAILY WELLNESS
CHECKS.
POLICE SAY THEY HAVE DELIVERED
MEDICATION TO AT LEAST TWO
RESIDENTS AND OFFERED FOOD BOX
DELIVERIES.
HOWEVER, HE SAID THE WELLNESS
CHECKS ARE FAR LESS FREQUENT
THAN THE TRIBE CLAIMS.
>> THEY'VE BEEN IN OUR
NEIGHBORHOOD TWICE IN THAT TIME.
I KNOW SOME PEOPLE HAVE MAYBE
ONLY HAD A CHECK-IN ONE TIME.
>> WHILE RESIDENTS WAIT FOR A
SOLUTION TO GRANT THEM ACCESS TO
THE ROADS AGAIN, GOVERNOR EVERS
MET WITH TRIBAL LEADERS MONDAY
AND SAID THE MEETING WAS
PRODUCTIVE.
IN A STATEMENT THE GOVERNOR
SAID, QUOTE, AS THIS IS AN
ONGOING PRIVATE DISPUTE, MY
PRIORITY AS GOVERNOR IS
ENCOURAGING EVERYONE IN THE AREA
TO ENGAGE AMICABLY AND
PEACEFULLY WHILE WORKING TO
BRING ALL PARTIES TO THE TABLE
TO RESOLVE THE ISSUE QUICKLY.
THE TRIBE PUT OUT A STATEMENT
HOPING BE RESOLVED IN A TIMELY
MANNER AND THE TOWN MET TUESDAY
TO CONSIDER POSSIBLE LEGAL
ACTION.
ONE POSSIBLE SHORT-TERM SOLUTION
REQUESTED BY BOTH THE TOWN AND
FIRST AMERICAN WOULD BE TO
NEGOTIATE NEW EASE MANIES AND
LIFT THE BARRIERS WHILE
NEGOTIATES.
HOWEVER, NO ACTION HAS BEEN
TAKEN.
HE SAID NOBODY IS SHARE WHEN THE
BARRICADING WILL BE LIFTED.
>> WE NEED THESE PEOPLE TO ALL
TAKE RESPONSIBILITY FOR THIS TO
GET THIS FIGURED OUT, GET THE
ROADS UNBLOCKED AND GET THE
EASEMENTS IN PLACE, MAKE SURE
THE TRIBE IS COMPENSATED FAIRLY
FOR THEIR EASEMENTS AND WE CAN
ALL GET BACK TO LIVES.
>> FOR "HERE & NOW", I'M NATHAN
DEN
DENZINE.
>> Frederica: FINALLY WE HAVE A
FOURTH IN OUR SERIES OF
INTRODUCE WITH THE CANDIDATES
FOR A SEAT IN THE WISCONSIN
SUPREME COURT.
THE PRIMARY IS FEBRUARY 21 WITH
THE TOP VOTE GETTERS ADVANCING
TO THE GENERAL ELECTION IN
APRIL.
EARLIER THIS WEEK ZAC SCHULTZ
SAT DOWN WITH JENNIFER DOROW A
WAUKESHA COUNTY CIRCUIT COURT
JUDGE.
>> CAN YOU BREAK DOWN YOUR
JUDICIAL PHILOSOPHY.
>> I'M A JUDICIAL CONSERVEATIVE
AND UPHOLDING THE LAW GIVING
DEFERENCE TO OUR LEGISLATIVE
STATUTES BECAUSE THAT'S WHERE
POLICY IS MADE AND NEVER OF
LEGISLATING FROM THE BENCH.
>> HOW DO YOU DEFINE LEGISLATING
FROM THE BENCH BECAUSE THERE'S A
LOT OF DISAGREEMENT WHEN A COURT
MAKES A RULING WHETHER THEY'RE
REARRANGING A LAW TO FIT A NEED
OR OPINION VERSUS THIS IS ALL WE
HAVE TO GO ON?
>> WHEN A JUDGE OR JUSTICE
INSERTS THEIR OWN POLITICAL
AGENDA, POLICY, VIEWS OR
PERSONAL OPINIONS ON WHAT THE
LAW SHOULD BE, THAT'S MY
DEFINITION OF LEGISLATING FROM
THE BENCH.
AND I SAY THAT BECAUSE THE IT'S
THE ROLE OF A JUDGE TO APPLY THE
LAW AS WRITTEN TO THE FACTS OF
THE CASE COME BEFORE US TO NEVER
PREJUDGE THOSE CASES TO BE FAIR
AND IMPARTIAL AND IN OUR
GOVERNMENT WE HAVE A SYSTEM SET
UP, A CLEAR SEPARATION OF
POWERS, OUR LEGISLATIVE FIGURES,
OUR ASSEMBLY MEN AND SENATORS,
THEY MAKE THE LAW.
THAT'S WHERE THE POLICY OF THE
IS SET.
AND THEN JUDGE INTERPRET THAT
WHEN CALLED UPON TO DO THAT.
IT'S VERY IMPORTANT THAT JUDGES
ACT MORE LIKE UMPIRES.
WE DON'T MAKE THE LAW, WE JUST
DECIDE THE LAW AND IF YOU THINK
OF THE ANALOGY TO BASEBALL JUST
CALLING THE BALLS AND STRIKES,
NOT THE PITCHER, NOT THE
CATCHER, BUT JUST CALLING THE
BALLS AND STRIKES AND THAT'S
WHAT A JUDGE DOES AND A JUSTICE
SHOULD DO IS CALL THE LEGAL
BALLS AND STRIKES THAT COME
BEFORE HIM OR HER.
>> SO YOU SAID THE POLITICS
SHOULD ENTER INTO THE DECISION
BUT OBVIOUSLY THIS IS A
POLITICAL RACE AND THERE ARE A
LOT OF POLITICAL FACTORS
WEIGHING IN TO ALL THE
CANDIDATES AND CONSTITUENTS ARE
THINKING WHO THEY WANT TO VOTE
FOR, SOME ARE THINKING THROUGH A
POLITICAL FRAME OF REFERENCE.
HOW DO YOU BALANCE THAT WHEN YOU
WANT PEOPLE TO KNOW THAT YOU
WILL BE IMPARTIAL ON THE BENCH
AND PEOPLE ALSO WANT A SENSE OF
YOUR POLITICS?
>> IT'S VERY IMPORTANT TO HONOR
THAT THIS IS A NON-PARTISAN RACE
AND THAT MY POLITICAL VIEWS OR
MY POLICY PREFERENCES ARE NOT
GOING TO IMPACT WHAT I DO ON THE
BENCH.
IT'S VERY DIFFERENT FROM THE
LIBERAL CANDIDATES AND I KNOW WE
GIVE THEM LABELS, LIBERAL AND
CONSERVATIVE BUT IT'S A SIMPLE
WAY FOR THE PUBLIC TO IDENTIFY
OUR APPROACH AND WHAT THE LAW IS
AND HAVE YOU TWO CANDIDATES
OPENLY GIVING US THEIR POLITICAL
AGENDA, CAMPAIGNING ON A
POLITICAL AGENDA AND FORECASTING
HOW THEY WOULD VOTE ON MANY
IMPORTANT ISSUES.
THEY'RE TELLING THE FUTURE
LITIGANTS, THEIR MIND IS MADE
UP.
THEY DON'T CARE ABOUT THE FACTS
OR THE LAW.
VOTE FOR ME BECAUSE I'LL DO X, Y
OR Z.
THAT IS NOT THE METHODOLOGY I
WILL FOLLOW AND THAT I HAVE BEEN
FOLLOWING FOR 11 YEARS ON THE
BENCH.
IT'S REALLY IMPORTANT EVERY
JUDGE AND JUSTICE STAY IN THEIR
CONSTITUTIONAL LANE AND THAT'S
WHAT I'LL DO.
>> WHAT SHOULD VOTERS THEN THINK
OF YOUR BACKGROUND, WHO WITH YOU
WERE APPOINTED BY AND WHO IS
ENDORSING YOU AND WHERE THE
OUTSIDE MONEY THAT SUPPORTS YOU
COMES FROM AND FAMILY MEMBERS
AND THEIR CONNECTIONS TO
POLITICAL PEOPLE AND THE
LIBERALS ARE SAYING WE'RE BEING
UP FRONT AND HONEST AND IT'S THE
CONSERVATIVES TRYING TO HIDE
WHERE THE REAL INFLUENCE MAY BE.
>> THE CANDIDATES ON THE LEFT
ARE TELLING YOU ABOUT A
POLITICAL AGENDA WHEN THIS IS
NOT A RACE FOR A LEGISLATIVE OR
GUBERNATORIAL POSITION.
THAT'S WHY IT'S IMPORTANT FOR ME
AS SOMEONE WHO BELIEVES IN
UPHOLDING THE RULE OF LAW AND
BEING FAIR AND IMPARTIAL TO NOT
TALK ABOUT MY PERSONAL
PREFERENCES.
YOU KNOW, ONE OF THE REASONS IS
TO SHOW THE PUBLIC, SHOW THE
LITIGANTS AND REMIND ME THAT I
NEED TO BE FAIR AND IMPARTIAL.
I COVER UP THOSE PERSONAL
PREFERENCES SO THAT I MAKE A
DECISION BASED ON THE LAW.
WHEN YOU MAKE A DECISION BASED
ON THE LAW, YOU HAVE
PREDICTABILITY, NO LIABILITY AND
STABILITY.
>> I WANT TO LOOK BACK AT A FEW
CASES THE SUPREME COURT DECIDED
THAT ARE STILL PRETTY IMPORTANT.
LEGISLATURE VERSUS PAUL WAS
ABOUT THE GOVERNOR'S ABILITY TO
PUT RESTRICTIONS DURING COVID.
HOW DO YOU THINK THAT CASE WAS
HANDLED?
HOW WOULD YOU HAVE VOTED IF YOU
WERE ON THE BENCH AT THE TIME?
>> THE MAJORITY OPINION IN THAT
CASE WAS WRITTEN BY JUSTICE
ROGUANEANEANEAN AND THAT PROCEDURE WAS
NOT FOLLOWED AND I FOUND MYSELF
LOOKING AT THEIR ANALYSIS AND
SAYING THEY GOT IT RIGHT.
OF COURSE, EVERY CASE IS
DIFFERENT AND I DON'T WANT TO
PRE JUDGE CASES THAT MAY COME
BEFORE THE COURT AGAIN OR IN THE
FUTURE THAT LOOK AT ISSUES OF
AUTHORITY FOR A BRANCH OF
GOVERNMENT WHETHER DIRECTLY OR
DELEGATION.
>> AND ABORTION'S ANOTHER ISSUE
THAT IS LIKELY TO COME BACK IN
THE WISCONSIN SUPREME COURT.
I WANT TO ASK HOW YOU MIGHT RULE
ON THAT AND ON THE DOBBS
DECISION DO YOU THINK THAT WAS
DECIDED FAIRLY AND THE
APPROPRIATE METHOD TO REVIEW OR
NOW WISCONSIN LAW THAT NEEDS TO
BE LOOKED AT ON ITS OWN OUTSIDE
OF DOBBS?
>> AS THE SUPREME COURT CASE
FROM THE U.S. SUPREME COURT, IT
OBVIOUSLY IS THE LAW OF THE LAND
AND I'M DUTY BOUND TO FOLLOW
THAT.
WHAT THAT CASE DID WAS PUT THE
DECISION OF REGULATING ABORTION
IN THE HAND OF THE STATE
LEGISLATURE.
THAT'S WHERE THAT DECISION
SHOULD BE MADE AND OF COURSE
THERE IS A CHALLENGE RIGHT NOW,
IT'S NOT A CONSTITUTIONAL
CHALLENGE, THAT'S THE QUESTION
BEFORE THE COURT WILL BE WHAT IS
THE STATUS OF THE LAW IN
WISCONSIN.
I WON'T COMMENT ANY FURTHER
BECAUSE IT'S LIKELY TO MAKE ITS
WAY UP TO THE WISCONSIN SUPREME
COURT.
BUT AGAIN, AS A SITTING JUDGE
AND AS A HOPEFUL TO BE ON THE
WISCONSIN SUPREME COURT I HAVE
TO GIVE HONOR TO THE DECISIONS
OF THE U.S. SUPREME COURT.
>> IS THERE A DANGER IN VOTERS
APPROACHING THIS ELECTION
LOOKING THROUGH ONLY THE PRISM
OF ONE OR TWO HOT-BUTTON
POLITICAL ISSUES AND SAYING I'M
GOING TO VOTE FOR THE CANDIDATE
THAT MOST CLOSELY FOLLOWS MY
VIEWS THERE OPPOSED TO BROADLY
LOOKING AT WHAT I WANT IN A
SUPREME COURT JUSTICE?
>> I THINK THE DANGER IS THERE'S
CANDIDATES OPENLY CAMPAIGNING ON
POLITICAL AND CONTROVERSIAL
TOPICS AND VOTERS SHOULD LOOK AT
HOW ARE THE JUSTICES GOING TO
DECIDE THE CASES THAT COME
BEFORE THE COURT?
NOT JUST ON A COUPLE OF TOPICS
BUT ON ALL TOPICS.
THAT'S NOT BEING FAIR AND
IMPARTIAL.
WE TAKE AN OATH TO UPHOLD THE
CONSTITUTION OF THE UNITED
STATES AND WISCONSIN AND FAITHLY
DISCHARGE THE DUTIES OF OUR
OFFICE TO BE FAIR AND IMPARTIAL.
THAT'S WHAT JUSTICES AND JUDGES
SHOULD DO THAT HONORS THE ROLE
OF THE COURTS.
IT HONORS THE ROLE OF THE
LEGISLATURE.
AND HONORS THE VOICE OF THE
PEOPLE AS WELL BECAUSE THE
PEOPLE SPEAK THROUGH OUR
LEGISLATORS AND THAT'S WHERE
POLICY IS MADE.
I WILL NEVER INSERT MY POLICY
PREFERENCES INTO THE DECISIONS
THAT I MAKE.
I THINK THAT'S WHAT VOTERS WILL
BE LOOKING AT SO THAT THEY KNOW
WHATEVER THE ISSUE IS THAT COMES
BEFORE THE COURT THEY CAN TRUST
THE DECISIONS MADE.
>> FINALLY, THIS IS GETTING A
LOT OF ATTENTION BOTH WISCONSIN
AND NATIONALLY, HOW MUCH WILL
THAT AFFECT THE RACE PEOPLE ARE
STARTING TO UNDERSTAND THE
IMPORTANCE OF THIS PARTICULAR
RACE TO THE WISCONSIN SUPREME
COURT?
>> IT'S A POSITION ON THE
WISCONSIN SUPREME COURT.
IT'S INCREDIBLY IMPORTANT TO THE
PEOPLE OF THE STATE OF
WISCONSIN.
I CAN SEE THAT AS I GO AROUND
THE STATE CAMPAIGNING AND THERE
ARE A LOT OF EYES LOOKING AT
THIS RACE AS WELL, I THINK FOR
THE WRONG REASONS.
I THINK THERE'S A PUSH FROM THE
LEFT TO PUSH THIS POLITICAL
AGENDA SO THAT NOT ONLY
WISCONSIN CAN BE TRANSFORMED AND
NOT IN A GOOD WAY, NOT THROUGH
THE LEGISLATIVE PROCESS BUT A
VOTER 4-3 ON THE WISCONSIN
SUPREME COURT SO THAT OTHER
POLITICAL AGENDAS CAN BE MET AS
WELL.
THAT'S WRONG.
IT HAS NO PLACE IN THE COURTS
AND I DO BELIEVE THE PEOPLE OF
THE STATE OF WISCONSIN SEE THAT
AND WANT A COURT THAT'S FAIR AND
IMPARTIAL INSTEAD OF ONE DRIVEN
BY A POLITICAL AGENDA.
>> Frederica: YOU CAN SEE ALL
THE INTERVIEWS WITH THE
CANDIDATES ON OUR NEWS PAGE.
FOR MORE ON THIS AND OTHER
ISSUES FACING WISCONSIN, VISIT
OUR WEBSITE AT PBSWISCONSIN.org
AND CLICK ON THE NEWS TAB.
ALSO YOU CAN TUNE INTO PBS
WISCONSIN AND WISCONSIN PUBLIC
RADIO NEXT WEDNESDAY AT 7:00
P.M. FOR THE GOVERNOR'S BUDGET
ADDRESS.
THAT'S OUR PROGRAM FOR TONIGHT.
I'M FREDERICA FREYBERG.
HAVE A GOOD WEEKEND.
[?]
>> FUNDING FOR "HERE & NOW" IS
PROVIDED BY THE FOCUS FUND FOR
JOURNALISM AND FRIENDS OF PBS
WISCONSIN.