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 DEFINES 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