Wisconsin Supreme Court 2025; debate over election, appointment

MILWAUKEE - Wisconsin voters will soon vote on who should be the state's next Supreme Court justice.

It's a centuries-old question: should justices be appointed or elected?

What we know:

Wisconsin’s constitution lays it out: the state’s voters elect the seven Supreme Court justices. It's been that way since 1853.

So to change it would require amending the state constitution.

Supreme Court candidates are officially non-partisan. But liberals are backing Dane County Circuit Court Judge Susan Crawford, while conservatives are supporting Waukesha County Circuit Court Judge Brad Schimel.

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Weighing in

What they're saying:

"I think there are downsides to any approach to getting justices on the Supreme Court," Crawford said. "I think that elections put that choice to the voters, put it to the citizens of the state of Wisconsin. I think there’s a lot of value in that democratic process."

Dane County Circuit Court Judge Susan Crawford and Waukesha County Circuit Court Judge Brad Schimel

Schimel agreed about downsides to different approaches.

"Neither system is perfect, because you certainly can’t take the politics out of an appointment, either," he said. "I don’t know what’s better, in the end. I know that I have to run. I kind of lean towards letting the voters have the choice."

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Wisconsin Supreme Court seat 2025; stage set for April election

In April, voters will decide once again if the Wisconsin Supreme Court goes liberal or conservative.

Both Wisconsin candidates point to the U.S. Supreme court, where the president nominates a person, and the U.S. Senate can confirm.

"We see with the United States Supreme Court, where people delay their retirements until certain times where the president of one party or the other is in office, then they’ll retire, so that president gets the appointment," Schimel said.

"We’ve seen on the United States Supreme Court, that there is an appointment process, there’s confirmation by the Senate, and in some cases, we’ve ended up with justices on the Supreme Court that have arguably abused their privileges as a lifetime appointment," Crawford said.

Wisconsin Supreme Court 

Former WisconsinSupreme Court Justice Janine Geske suggests moving to an appointed process.

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"I have long been a fan of the elected judiciary and the public participating. I have changed on that. I think that maybe we need to go to sort of an appointed process with confirmation, or something like the federal system, because it’s become way too partisan, and the parties have way too much say on the court and our decisions are then going to be political rather than legal," Geske said. "And that imperils our independent branch of the government."

Dig deeper:

Duke Law Journal research of state Supreme Courts from 1995 to 1998 found evidence that "elected state Supreme Court judges routinely adjust their rulings to attract votes and campaign money."

Wisconsin Supreme Court

In 2013, the State Bar of Wisconsin called for amending the state constitution. It urged that justices be limited to serving just one term of 16 years. Right now, they serve 10-year terms and can run for reelection.

A big part of the question is the big money spent on Wisconsin Supreme Court races. Spending in the last campaign in 2023 was more than $50 million. That set the national record.