Judge JoAnne Kloppenburg: The Blogging Blue Interview

Why run for the Wisconsin Supreme Court in 2016?

That was my question to Judge JoAnne Kloppenburg, who’s vying to unseat Justice Rebecca Bradley, who was appointed to her seat on the Wisconsin Supreme Court by Republican Gov. Scott Walker. Judge Kloppenburg said she’s running for the Supreme Court this year for the same reasons she ran in 2011, but that the stakes were much higher this year. “People across the state are concerned about the injection of partisan politics and unregulated special interests influencing the Supreme Court,” she told me, adding that she’s visited each of Wisconsin’s 72 counties and that she’s heard those same concerns everywhere she’s been. Judge Kloppenburg also noted partisan politics brings partisan agendas, and she believes those partisan agendas shouldn’t bleed over into the courts. “There’s a perception that justice is for sale, and that’s not something people want – they want an independent check and balance against the other branches.” Judge Kloppenburg shared her belief that it’s important judges approach each case with an open mind and without preconceived ideas about cases, something she learned as a litigator for 23 years and as an appeals judge for the past three and a half years.

Asked to share what she learned from last Supreme Court campaign and what’s different for her in this campaign, Judge Kloppenburg started by noting that she learned how to run an effective statewide campaign. She noted 750,000 people voted for her last time in 2011, which in her words is an incredible base to be fortunate enough to build off of. Judge Kloppenburg did note she sees differences now from the 2011 campaign, noting that in 2011 Gov. Scott Walker was newly elected and people were willing to give him a chance, while his present-day approval ratings are worse as citizens have begun to experience the impact of his agenda on the state. She also added that during a recent visit to Phillips, Wisconsin she talked to people who told her they believe government isn’t working for them, which she didn’t experience during her last campaign. Kloppenburg added that people also understand now in a more visceral and personal way that the Wisconsin Supreme Court makes a big difference in their lives, citing the Act 10 case and Milwaukee County “John Doe” cases as examples.

When prompted to discuss what differentiates her from the other candidates in the race, Kloppeburg started by noting the breadth and depth of her legal experience. Kloppenburg pointed out she is the only candidate in the race to have been elected a Court of Appeals judge, which has given her the opportunity to hear cases similar to those heard by the Supreme Court, in addition to having issued hundreds of opinions in all areas of the law since joining the court. She added that she is also the only candidate to have litigated for the State of Wisconsin for the Department of Justice at State Supreme court, Federal court, and Circuit Court levels, giving her more experience as a litigator than her two opponents and leaving her more qualified in terms of legal experience.

Kloppenburg continued to differentiate herself from her opponents by stating that she has never “sat on the sidelines” and has always stood up for what she believed in. Kloppenburg cited her experience as a volunteer for three years in the Peace Corps in Botswana, her advocacy on behalf of women and children by establishing a nutrition program for women and children in upstate New York, and her decision to attend law school as three examples of her standing up for what she believes in. In describing her decision to attend law school, Kloppenburg said she went to law school because she valued the power of the law and its potential to be a force for positive change. Kloppenburg’s connection to the UW Law School has continued after her graduation, as she teaches as a volunteer at the law school, having been named 2011 adjunct instructor of the year.

As she continued to talk about standing up for what she believes in, Kloppenburg noted that after law school she chose to work at the Wisconsin Department of Justice because she wanted the opportunity to work on cases that would have a positive impact on Wisconsinites. During her time at the Department of Justice, Kloppenburg served as an Assistant Attorney General for the environmental protection unit in Department of Justice, leading cases to protect Wisconsin’s environment.

Kloppenburg also talked about her experience as an active volunteer in her community and her profession, noting that she currently serves as a mentor for the Dane County Bar Association and UW Law School, in addition to having served as both a volunteer and board member for her Neighborhood Association, in addition to having served as a board member of Legal Action of Wisconsin.

While continuing to discuss the differences between herself and her opponents, Kloppenburg noted a stark philosophical difference between the three candidates. She pointed out that after each of the candidates first announced they were running, WisPolitics interviewed each the candidates, and among the questions they were asked was a question about which Supreme Court Justice they are more philosophically aligned to. Not surprisingly, Walker appointee Rebecca Bradly said she was most philosophically aligned to conservative Justices Clarence Thomas, Samuel Alito, and Anthony Scalia, while Judge Joe Donald didn’t provide an answer. Kloppenburg was unapologetic in pointing out that the Justices she was most philosophically aligned to are Ruth Bader Ginsburg and Sonia Sotomayor, who are not only prominent women and judges and trailblazers, but because they share her view of the United States Constitution as protecting rights and promoting a more equal society.

As her final point of differentiation from her opponents, Kloppenburg pointed out she is the only candidate in this race to have run a statewide campaign. “I’ve shown I has what it takes to put together a strong, statewide grassroots effort to win,” she said, adding that she is only candidate in the race to have visited to all 72 counties Wisconsin. Kloppenburg also noted she has received public endorsements from all 72 counties, and her nomination papers contained the signatures of citizens of 52 counties.

Asked what she would bring to the Supreme Court if elected, Kloppenburg said she would bring several things to the court, the first being the discipline she has learned as Court of Appeals judge. Kloppenburg said he has learned that as a judge she needs to be much more focused and disciplined in analysis and thinking regarding cases, and that language has to be used very carefully when writing decisions, given the tremendous impact those decisions can have. She added she would also bring a sense of what matters to the people of Wisconsin, along with independence/impartiality. “People want a justice they can count on to approach every case with an open mind,” she added, pointing out that having never been appointed to any position, she is not beholden to any political party or special interests.

Kloppenburg added she believes the Wisconsin Supreme Court badly needs a justice who has shown she has the background and the backbone to stand up to the state’s political parties and special interest groups to be the kind of independent justice Wisconsinites want and to make sure the Supreme Court works for all the people of Wisconsin.

“It’s a great, glorious state,” Kloppenburg said as our interview drew to a close, adding how wonderful it has been to have connected with voters all across the state.

Wisconsin’s spring primary election day is February 16.