MADISON, Wisc. (Legal Newsline) - Rising crime could derail liberal Milwaukee County Judge Janet Protasiewicz who faces a tough-on-crime opponent in April’s election as she seeks to be elevated to the Wisconsin Supreme Court, according to a conservative observer.
“Supreme Court races always tend to focus on crime and right now in Milwaukee, crime is out of control,” said Orville Seymer, who works with the Citizens for Responsible Government in Wisconsin. “That crime is spreading to the suburbs and to a lesser extent the rest of the state. Even Madison is experiencing a crime wave, which is unusual.”
In the April 4 election, Protasiewicz faces former state Supreme Court Judge Dan Kelly who advanced out of the Feb. 21 primary after defeating Waukesha County Circuit Court judge Jennifer Dorow.
Dorow rose to fame while overseeing the trial of a man convicted of killing six people when he drove his SUV through a Christmas parade in Waukesha in 2021.
Defendant Darrell Brooks represented himself and was sentenced to life in prison.
“Dorow had such goodwill from the people,” Seymer told Legal Newsline. “I thought she would win overwhelmingly. All indications were that she was winning but the Democrats were running ads trying to tear her down. They wanted to get Kelly through the primary because they think he is the weakest candidate.”
Kelly is a former Wisconsin Supreme Court judge having served by appointment from 2016 to 2020.
Republican Gov. Scott Walker appointed Kelly to replace retired Justice David Prosser.
“Dan Kelly has a proven track record and he was the only one, especially compared to Jennifer Dorow, to have a proven track record,” said Julaine Appling, president of Wisconsin Family Action in Madison. “He served four years on our state Supreme Court where he showed in every opinion and vote that he is a true judicial conservative. He is a proven originalist, and I'll take that kind of record over a promise any day.”
Appling also is director of the Wisconsin Family Action Political Action Committee (PAC), which has strongly supported Kelly.
“We use it to promote candidates and we have other ways that we can support our candidates,” she said. “We will be playing significantly in support of Dan.”
The balance of the court, currently 4-3 conservative/liberal, is at play in the upcoming election. Kelly and Protasiewicz seek to replace conservative Justice Patience Drake Roggensack, who is retiring.
Critics of Protasiewicz say she legislates from the bench.
“She has exhibited her liberalness several times from the bench,” said Norm Reynolds, chair of We the People, a group of constitutional conservatives. “There's a lot of outside money propelling her that way.”
Justices of the Wisconsin Supreme Court are elected to 10-year terms.
“Kelly promotes constitutional solutions whereas (Protasiewicz) tries to redefine laws or make adjustments that are often clearly not there,” Reynolds to Legal Newsline. “As a matter of fact, we call it 'Janet's law' instead of constitutional law. It’s 'Janet's Law.'”
We the People is supporting Kelly by organizing meet and greets, open meetings, discussions, and word-of-mouth one-on-one conversations.
“Kelly has to get out the vote and he doesn't have to do much in Milwaukee or Madison because there are not that many votes there," said Eileen Bruskewitz, a former member of the Dane County Board of Supervisors.
"There are lots more votes outside of those two counties. Suburban and rural is the only place you can overcome the Madison and Milwaukee mentality of not thinking and just doing what they're told.”