Karofsky tells ‘UpFront’ new Supreme Court recusal rule needed

Wisconsin Supreme Court Chief Justice Jill Karofsky says a new recusal rule is needed for justices after two historic Supreme Court elections that saw record spending and political campaigning in Wisconsin.

“Hopefully, we will have a hearing by the end of this term,” Karofsky said on WISN 12’s “UpFront,” which is produced in partnership with WisPolitics. “Before I was chief justice, it was difficult for me to move the recusal issue to the front burner, but I plan to have a hearing, plan to bring people into the hearing room and to listen to all points of view to figure out the best way to craft a rule overall that will work going forward.”

Other justices have said a new recusal rule is not needed, but Karofsky argued she is following the calls of Wisconsin voters.

“They want us to look at it,” Karofsky said. “And I think that we should hold the rule that we have right now up to the light, and if it’s not working, we should change it.”

Karofsky, part of the court’s 4-3 liberal majority, also argued that voters have given the court’s majority a mandate in recent elections.

“What I have seen in four of the last five elections, and I’m thinking Justice Rebecca Dallet’s election, my election, Justice Protasiewicz, Justice Susan Crawford’s election, is that all of us won by more than 10 points,” she said. “What I’m seeing in these elections is an electorate who is highly informed because it’s impossible not to be informed about these elections with the amount of coverage that is out there, both paid and unpaid media, it is a very informed electorate clearly making a decision the direction they want this court to go.

“I think what they are telling us is that the court was really carrying the water for a long time for right-wing special interests, and they did not want that anymore,” Karofsky added. “They have asked us to follow the rule of law. They have asked us to make our decisions based on what the law is and now what the right-wing special interest is asking.”

When asked if that includes undoing what the Republican-controlled Legislature has passed in recent years, Karofsky said, “In some instances, it might. In some instances, it might not.”

Karofsky again pushed for continued and increased security for judges and justices across the state. Last week, prosecutors charged a 37-year-old Racine man for stalking Karofsky.

“The threat of political violence in this state and in this country is real and is going in the wrong direction,” she said. “It’s something I’ve always been concerned — my whole career — about protecting people in the court system.”

Karofsky is pushing the Legislature and the governor to continue funding the four officers currently dedicated to the court. Karofsky said that funding runs out next August.

“I have met with both members of the governor’s office, and I have met with legislators on both sides of the aisle,” she said. “And I will tell you this: This is an issue that transcends partisan politics. This is an issue where everyone is trying to figure out the best solutions.”

Karofsky also appeared last week at a WisPolitics-State Affairs luncheon talking about these and other issues. Read more and watch the WisconsinEye video, sponsored by the Wisconsin Insurance Alliance, here.

GOP state Senate President Mary Felzkowski says lawmakers will not step in to cover costs for Wisconsin’s FoodShare benefit due to run out on Nov. 1 if the government shutdown continues.

“My heart goes out to people, but this is a federal issue, and I don’t see the state having the resources to do that,” Felzkowski told “UpFront.” “I just wish that the Democrats would sign this continuing resolution and vote for it, and let’s move on. They shouldn’t be playing games like this. You don’t hold people hostage over these kinds of issues, so no, I don’t see us stepping in.”

State health officials have said $114 million in federal funds is allocated each month to Wisconsin for the roughly 700,000 Wisconsinites who receive federal food assistance.

At the state Capitol, Felzkowski said she does not know yet if she has the votes to pass a medical marijuana bill, adding she anticipates a vote early next year.

“When it comes out of committee, that’s when we really start counting votes and having some serious conversations about it,” Felzkowski said. “It’s unique when you’re in caucus. People won’t really tell you where they’re at. They’ll say, ‘Well, is it out of committee? What did it come out of committee?’ And they don’t really want to tell you where they’re at until they know if it came out of committee.”

Felzkowski dismissed recent comments by Assembly Speaker Robin Vos on “UpFront” that the new GOP proposal would not pass the Assembly.

“That’s Speaker Vos,” she said. “He has in the past said we can probably get this done. Then he said, ‘No, it’s dead on arrival.’ Then it was statewide dispensaries, and earlier this year, he said there’s potential to get it passed. Now, he said it’s dead on arrival. Choose your day. So we’re not going to worry about the Assembly. We’re going to do what the Senate does.”

Felzkowski also said Democrats’ chance of taking control of the state Senate next fall is “zero.”

“They don’t have a plan,” she said. “Right now, all I see is Democrats bashing. What’s your plan? What’s your plan to move Wisconsin forward and to help people? I haven’t heard anything of substance.”

Felzkowski also recently announced she would not run for Congress when U.S. Rep. Tom Tiffany, R-Minocqua, launched his bid for governor and said the reason was simple.

“At first it was very hard, yeah,” she said. “I have a granddaughter that needs me more than the 7th Congressional District, and it came down to that. It’s as simple as that.”

Marquette University Law School will release its next Wisconsin poll Wednesday — the poll’s first snapshot in the race for governor ahead of next fall’s election.

“We don’t have the data yet, so let me be clear about that, but my expectation is that most people will not have heard of the candidates or will have very little attention paid to the candidates yet simply because we’re so far away,” poll director Charles Franklin told “UpFront.” “On the other hand, people have been getting in the race since the summer, so I think it’s appropriate to ask and establish a baseline of who is well-known, who is well-liked and who’s not. And we’re going to look at primary choices in both the Democratic and Republican gubernatorial primaries.

“I’d look at who’s paying attention to the races,” Franklin added. “Who is, at this point, committed to voting in the spring Supreme Court election as well as in November? And we’re going to pay a lot of attention in this to the issues that people care about. We’re asking about 10 different issues, and how much are these concerns for the voters? That set of concerns lays the groundwork for the campaigns, regardless of who the nominees are and how they campaign.”

See more from the program here.