February 23, 2023 at 12:50 p.m.
Protasiewicz, Kelly head to April in Supreme Court battle
Liberals lead the way as Burns scores first in county judicial contest; Schiek second
Protasiewicz, Kelly head to April in Supreme Court battle
One conservative and one liberal will face off in April for the open seat on the Wisconsin Supreme Court, as Milwaukee County circuit judge Janet Protasiewicz rolled up a massive first place finish while former justice Daniel Kelly slipped past Waukesha circuit judge Jennifer Dorow for second place.
Dane County circuit judge Everett Mitchell finished last.
Meanwhile in Oneida County, incumbent judge Mary Roth Burns paced the field with 3,107 votes, with county district attorney Michael Schiek finishing second with 2,479 votes and county corporation counsel Michael Fugle eliminated from the field, taking 1,072 votes. The turnout in the county was 27 percent.
In the Supreme Court race in Oneida County, Protasiewicz led the way with 2,948 votes, followed by Kelly's 2,648 votes and Dorow's 1,042 votes. Mitchell garnered 256 votes.
The showdown between the progressive Protasiewicz and the conservative Kelly will determine which ideological camp controls the Supreme Court. Conservatives, who have had a majority on the court since 2008, are clinging to a slim 4-3 majority.
This year's election is seen as pivotal. Among other important cases, the state's 1849 abortion ban and redistricting are almost certainly going to be on the docket.
Protasiewicz, who raised more money than her opponents combined, piled up about 46 percent of the vote. Kelly took 24 percent and Dorow approximately 22 percent. The other liberal in the race, Mitchell, trailed the field with 7 percent.
Overall, the numbers leave progressives in prime position in the Supreme Court contest. In that race, the two liberal candidates received 53 percent combined, while the two conservatives won about 46 percent combined. The battle between Kelly and Dorow was also more contentious, which could leave hard feelings among Dorow supporters.
Locally, Burns led but the combination of Schiek's and Fugle's votes - both candidates were supported by the Republican Party of Oneida County - totaled 53 percent of the overall vote, leaving Schiek better positioned than Burns headed to the April 4 general election.
A tight race ahead
Despite her big lead, Protasiewicz cautioned her supporters not to assume the race was in the bag.
"As much as we should celebrate tonight, this is just the beginning and our work is far from over," Protasiewicz said. "I'm counting on all of you to continue the momentum we've built all the way through April 4th because there's too much at stake in this election for us to take anything for granted."
Protasiewicz recounted her roots in Milwaukee and her dedication to public life.
"I was born and raised on the south side of Milwaukee to hard-working parents," she said. "I went to UWM and then Marquette Law School, working my way through college as a waitress. I have been rooted in my community my whole life and I have dedicated my career to public service. My only client has been the people of Wisconsin."
And, she said, the people of Wisconsin share a common value.
"I've seen our judicial system up close and I believe in something that is universal to Wisconsinites all across our state and that is: everyone should get a fair shot to demand justice - and not feel like the thumb is on the scale against them." she said.
Protasiewicz has been criticized for what critics contend has been a tendency to telegraph how she would vote, but Tuesday night she said she was merely reminding voters of her own values.
"I can't tell you how I'll rule in any case, but throughout this race, I've been clear about what my values are," she said. "That's because you deserve to know what any candidate seeking this office believes. I value a woman's freedom to make her own reproductive healthcare decisions with her doctor, family, and faith."
Protasiewicz said she also values democracy and believes that every Wisconsinite deserves to be fairly represented.
"Your vote matters and our constitution guarantees the right to vote and to have a representative democracy in this country," she said. "I value public safety and believe everyone in our state has the right to live in a safe community. We need to uphold our laws, protect the rights of victims, and hold people accountable for their actions."
Those aren't partisan values, Protasiewicz said, they are common sense. And, she added, she would be running against someone who doesn't share those values.
"I'll be running against someone who doesn't think women in Wisconsin should be able to make their own health care decisions, someone who could threaten our democracy, and someone who won't hesitate to put extreme, partisan beliefs ahead of the laws of our state," she said. "That's why we need to win."
Upholding the constitution
For his part, Kelly said the voters reaffirmed the centrality of the constitution to the work of the Wisconsin Supreme Court.
"As the Irish say, a hundred thousand thanks to you," Kelly said. "I am humbled and inspired by your confidence in me."
Throughout the campaign, Kelly said he had been regularly astounded by those who had surrounded him with their support and encouragement and prayer, and who had undergirded his efforts with their investment of precious time and talent and resources.
"The power of Wisconsinites on the move is a wonder to behold," he said. "You have my deepest thanks for all the doors you knocked, the calls you made, the signs you pounded into the frozen ground, and the message of constitutionally-protected liberty you carried to the most distant parts of our state," he said. "Without you, this campaign would have been nothing more than a mildly interesting family conversation."
But Kelly, too, observed that much work remained to be done before there could be any celebration because his opponent posed a danger to constitutional governance.
"This is going to be an election like no other," he said. "Tonight we join battle in the fight to preserve our constitutional form of government against a novel and grave threat: Janet Protasiewicz's promise to set aside our law and our constitution whenever they conflict with her personal 'values.' Never before has a judicial candidate openly campaigned on the specific intent to set herself above the law, to place her thumb on the scales of justice to ensure the results satisfy her personal interests."
Kelly said Protasiewicz was not being honest with voters, in fact, just the opposite.
"Let there be no mistake, for she is telling us in advance that she is planning to bring to the Supreme Court this ancient form of dishonesty - a dishonesty that has been universally condemned for thousands of years," he said. "If we do not resist this assault on our constitution and our liberties, we will lose the rule of law, and will find ourselves saddled with the rule of Janet. We must not allow this to come to pass."
Kelly also complimented his other opponents.
"Judge Jennifer Dorow has my respect for the good and important work she has done on the Waukesha County circuit court," he said. "And I admire all those who so passionately supported her candidacy in this race. My hope is that all of you - and the rest of our fellow Wisconsinites who treasure our constitution and the liberties it protects - will afford me an opportunity to earn your support as we enter this six-week sprint to the general election on April 4."
Finally, he praised Mitchell, calling him "a thoughtful man I would have enjoyed debating throughout the general election campaign."
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