Michael Gableman’s story is a study in how politics have infected Wisconsin’s courts

If you want to understand how Wisconsin Supreme Court elections became so political — with a record $100 million spent on this year’s nasty contest — it’s helpful to trace the history of former Wisconsin Supreme Court Justice Michael Gableman.
Gableman’s career began full of promise, diligence and ambition. His cousin told Wisconsin Watch’s Tom Kertscher that at a young age Gableman “was always the adult in the room.”
But over the course of his career he became entangled in partisan politics.
Gableman was willing to travel hundreds of miles to take political appointments around the state, even receiving a Burnett County judgeship for which he didn’t apply. Gov. Scott McCallum acknowledged to Wisconsin Watch part of the reason he picked Gableman was he was a Republican supporter, bypassing two local finalists recommended by McCallum’s advisory committee for judicial appointments.
When Gableman ran for Wisconsin Supreme Court, he authorized a misleading, racially charged political ad against his opponent. At the time it was shocking enough to draw a formal complaint, but the Supreme Court couldn’t agree if it violated the judicial code of conduct. Now, you couldn’t turn on the TV or scroll social media before this year’s April 1 election without a faceful of misleading ads.
Despite his staunch Republican presence on the state’s high court, writing key opinions on Act 10 and dismissing an investigation into Gov. Scott Walker, Gableman fell out of favor with the party after he attended the 2016 Republican National Convention, in possible violation of judicial rules against partisanship. After causing disturbances in hospitality suites, he had to be escorted to his hotel. Party support for him waned. He decided, at age 50, not to run for a second 10-year term.
And yet, when President Donald Trump lost the 2020 election, Republicans called upon Gableman, who worked in Trump’s first administration, to investigate the results. Gableman found no evidence the election results were fraudulent and was called an “embarrassment” by the same Republican leader who hired him. The investigation ultimately cost taxpayers $2.8 million, four times more than its original budget. Now he’s facing a three-year suspension of his law license for his unprofessional conduct during the investigation.
The courts are not supposed to be subject to the same political whims of the legislative and executive branches. Supreme Court justices and judges run for office during nonpartisan spring elections for a reason.
As Kertscher’s account of Gableman’s career shows, raw power politics created this situation. It will be up to the public to decide if it wants something better.

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Michael Gableman’s story is a study in how politics have infected Wisconsin’s courts is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.