Schultz, Cullen Draft Merit Selection Resolution
Supreme Court Justices Would Be Appointed Rather Than Elected

Sen. Dale Schultz and Sen. Tim Cullen have drafted a joint resolution to change the Wisconsin Constitution so that Supreme Court Justices and State Court of Appeals judges are appointed rather than elected.

“Appointing justices and appellate judges will deal a devastating blow to the influence of third-party special interests who pour millions of dollars into campaign ads that distort the records of the candidates, mislead the public, and unfairly tarnish the reputations of the candidates,” said Schultz (R-Richland Center).

“Filling these judicial positions by appointment rather than election will remove any actual or apparent conflict of interest arising from campaign donations,” said Cullen (D-Janesville).  “It will move Wisconsin closer to the ideal of a Supreme Court that decides cases based on the law and not political pressures.”

The senators noted they did not draft the constitutional amendment because of the recent altercation by Supreme Court justices.

“We drafted this amendment because both of us are concerned about the way third-party special interests have poured millions of dollars into Supreme Court races in order to get their preferred candidate elected,” Cullen said.  “We have been talking about this since at least April, when we requested research from the Legislative Council on how other states select Supreme Court justices.”

“The divisiveness on the Supreme Court right now certainly lends urgency to our desire to change the way we select our Justices,” said Schultz.

Under the Schultz-Cullen amendment, a Judicial Selection Commission would recommend candidates to the Governor, who would appoint a nominee as vacancies occur.  The nomination would have to be confirmed by the Senate following a public hearing.

“The Judicial Selection Commission would go a long way toward the goal of selecting justices and judges based on merit, not based on which special interests pour the most money into the election,” Schultz said.

“This is a bipartisan proposal which we hope both Republicans and Democrats will come together and support,” Cullen said.

According to an April 19 Legislative Council memo to the senators, the trend in this nation over the past half century has been to select state judges through a combination of independent nominating commissions and gubernatorial appointment.  Around 22 states have established nominating commission procedures through constitutional provisions, and another 10 have established nominating commissions pursuant to statutes or executive orders.

Because the Wisconsin Constitution specifies the method of seating justices and appeals court judges, the Constitution must be amended.

The senators said the composition of the Judicial Selection Commission, and how it is appointed, would come about through separate legislation after the constitution is amended.

They envision having the Government Accountability Board appoint members of the Judicial Selection Commission, and seats would be filled as they are vacated.  The Commission would review applications, interview candidates, and refer a specified number to the Governor.  The Governor would pick one candidate from the list to nominate and forward him/her to the state Senate for confirmation. The existing 10-year term for justices and 6-year term for appellate judges would remain.

Schultz and Cullen stressed they look forward to input from their legislative colleagues on the final details of the Judicial Selection Commission.

To amend the constitution, the Legislature must pass a joint resolution in two consecutive sessions of the Legislature and it must then be ratified by voters.