David Prosser
MADISON, Wis. - David Prosser, who rose to become speaker of the Wisconsin Assembly before an 18-year tenure on the state Supreme Court that was marked by a heated altercation with another justice, has died. He was 81 years old.
Prosser died on Sunday after battling cancer for several months, his family said in a statement Monday. A Republican, Prosser served 18 years in the Assembly, the last two as speaker, and the same amount of time on the state Supreme Court. He retired from the court in 2016.
Prosser was involved in some of Wisconsin's most contentious political battles, most notably the 2011 law championed by then-Republican Gov. Scott Walker that effectively ended collective bargaining for most public workers. Prosser ran for reelection that year, which turned that contest into a referendum of sorts on Walker and the proposed law.
Prosser's narrow victory that April, by 7,006 votes, survived a recount. A couple of months later, he got into a physical altercation with a liberal justice when they were arguing in her office about the court’s ruling that would uphold the anti-union law known as Act 10.
Justice Ann Walsh Bradley accused Prosser of putting his hands around her neck " in a chokehold " while the justices were discussing the case in June 2011. The court issued a split decision upholding the law, with Prosser siding with the conservative majority.
The incident was investigated but no charges were filed. The Wisconsin Judicial Commission filed an ethics complaint against Prosser, but the court did not have a quorum to consider it after the three other conservative justices recused themselves.
David T. Prosser, R-Wis., Speaker of the Wisconsin State Assembly. (Photo by Laura Patterson/CQ Roll Call via Getty Images)
In 2023, Prosser and two other retired justices were tapped by Republican Assembly Speaker Robin Vos to advise him on whether liberal Justice Janet Protasiewicz could be impeached for comments she made while running for a seat on the court. Prosser advised against impeachment and Vos didn't pursue it.
Prosser graduated from the University of Wisconsin-Madison law school in 1968. He worked as an attorney for the U.S. Department of Justice and as a lecturer at the Indiana University-Indianapolis law school during the late 1960s and early 1970s.
He was elected to the state Assembly as a Republican in 1978 after a stint as Outagamie County district attorney. A baseball fan, he helped lead the push to provide funding for Miller Park, the Milwaukee Brewers’ stadium now known as American Family Field.
After nearly two years as a member of the Wisconsin Tax Appeals Commission, Prosser was appointed to the Wisconsin Supreme Court in 1998 by then-Gov. Tommy Thompson. Prosser won election to 10-year terms in 2001 and again in 2011. He retired midway through that term, in 2016.
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Thompson, who was governor when Prosser was speaker of the Assembly, said in a statement Monday that Prosser "brought common sense solutions to the issues our state faced."
"I could always count on him to be candid in discussions and results oriented in action," Thompson said. "David could count votes, and delivered when it mattered."
Wisconsin Supreme Court Chief Justice Annette Ziegler said Prosser "profoundly shaped the legal, legislative, and judicial landscape of Wisconsin."
"His exemplary service in all three branches of government demonstrated his unparalleled versatility and dedication to the public good," she said.
Prosser's time on the high court was marked by his altercation with Bradley and feuds between the conservative and liberal justices, most notably former Chief Justice Shirley Abrahamson.
Emails emerged in 2011 showing Prosser used an expletive to describe Abrahamson in 2010 and threatened to "destroy" her as the justices debated whether to remove conservative-leaning Justice Mike Gableman from a criminal case.
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Upon his retirement, the state Supreme Court named the Wisconsin Law Library across the street from the Capitol for Prosser. But in June, the Wisconsin Supreme Court removed his name in favor of Lavinia Goodell, Wisconsin’s first female lawyer.
Reaction
Speaker Robin Vos (R-Rochester)
"I am deeply saddened by the news of the death of Justice David Prosser. Dave had a distinguished career serving as Speaker in the Wisconsin State Assembly and as a Justice on the Wisconsin Supreme Court for more than 40 years.
"Dave had a great sense of humor and was always quick to offer advice that was filled with great ideas and common-sense solutions. He was well-regarded and well-respected by his colleagues on both sides of the aisle. A man of wisdom, Dave listened first, was thoughtful and independent-minded in his decisions. He gained the trust of his colleagues, both Republicans and Democrats. Dave leaves a legacy of service to the state that won’t be matched.
"Dave highly valued the institutions of the legislature and the court. He understood the importance of each branch of government and the need for balance among the three. He spent his career working tirelessly to uphold the constitution and ensuring that Wisconsin was a better place for generations to come. Even after he retired in 2016, he remained active in the legislative process and lobbied for changes to issues pertaining to the court.
"Dave committed his life to serving others and finding solutions to improve our state. He was an exemplary leader and an inspiration to us all.
"Dave was a friend and mentor to me and he will be sorely missed. My thoughts and prayers are with his family during this difficult time."
Chief Justice Annette Kingsland Ziegler
"With sadness and reflection, I recognize the extraordinary legacy of Justice David T. Prosser, Jr., whose distinguished career and commitment to public service will continue to inspire us all. He has profoundly shaped the legal, legislative, and judicial landscape of Wisconsin.
Justice Prosser was the quintessential public servant who enjoyed a respected career (spanning more than 40 years) in the service of others. His exemplary service in all three branches of government demonstrated his unparalleled versatility and dedication to the public good. From his early years as Outagamie County District Attorney, to his significant contributions as a state legislator, his service on the Wisconsin Tax Appeals Commission, and ultimately to his thoughtful jurisprudence as a Justice of the Wisconsin Supreme Court, Justice Prosser exemplified integrity, wisdom, and a steadfast commitment to justice.
During his nearly two decade tenure in the Wisconsin Assembly, including as Speaker and Minority Leader, Justice Prosser worked tirelessly to promote sound policy for the people of Wisconsin. His legislative acumen and his work on the National Conference of Commissioners on Uniform State Laws underscored his dedication to improving the coherence and fairness of our legal system.
On the bench, Justice Prosser brought a keen intellect and deep sense of fairness to every case, leaving an indelible mark on Wisconsin jurisprudence. He was well known for digging into the books and conducting exhaustive research, often "burning the midnight oil" in the law library. Justice Prosser possessed a critical understanding of, and allegiance to, the rule of law. His service on various committees, including the Wisconsin Supreme Court Planning and Policy Advisory Committee and the Wisconsin Judicial Council, further reflected his commitment to the continued improvement of our courts and legal institutions.
I am confident that Justice Prosser’s legacy as a lifelong public servant will continue to inspire and impact future generations of public servants.
On behalf of the Wisconsin Supreme Court, I express our profound gratitude to Justice Prosser for his decades of service and his unwavering dedication to justice, fairness, and the betterment of Wisconsin. Many knew him as a Wisconsin Supreme Court justice, a position which he held for 18 years. But to me, David was more than that: he was my friend. I will miss him greatly."
Wisconsin Institute for Law & Liberty (WILL)
"For decades, Justice David Prosser’s career was defined by an unwavering commitment to the Constitution, the rule of law, and liberty for all. Like any justice on the Wisconsin Supreme Court, we may not have always viewed a case or ruling the same way, but we deeply respect the institution and the late Justice Prosser’s legacy of public service. His memory will live on in the impact he has made after eighteen years of service on the state supreme court."