Susan Crawford’s win in Tuesday’s record-smashing Wisconsin Supreme Court election paves the way for the court’s liberal majority to continue to flex its influence over state politics.
The Dane County Circuit Court judge’s victory guarantees that liberals will control the court until at least 2028.
The Wisconsin Supreme Court is at the center of state politics. It has been since 2020, when it denied Donald Trump’s attempt to overturn the 2020 presidential election, and has continued to make headlines — especially since flipping to liberal control in August 2023.
For the past two years, Justices Rebecca Dallet, Jill Karofsky, Janet Protasiewicz and Ann Walsh Bradley — who collectively make up the court’s liberal majority — have flexed their authority and remade Wisconsin’s political landscape. Crawford, who will be sworn in on Aug. 1, will replace the retiring Walsh Bradley, who has served on the high court for 30 years.
Here’s what Crawford’s victory could mean for some key issues.
The Wisconsin Supreme Court seems poised to, in some form or the other, strike down the state’s 1849 abortion law — which bans almost all abortions in the state.
The court’s current justices in November 2024 heard oral arguments in the lawsuit challenging the statute. It was filed by Attorney General Josh Kaul in the days after Roe vs. Wade was overturned. The lawsuit asks the court to determine whether the 1849 law applies to consensual abortions. It also asks whether the 1849 ban was “impliedly repealed” when the Legislature passed additional laws — while Roe was in effect — regulating abortion after fetal viability.
A Dane County judge ruled in late 2023 that the 1849 statute applied to feticide, not consensual abortions. Abortion services, which were halted in the state after Roe was overturned, have since resumed.
Crawford’s opponent, conservative Waukesha County Circuit Court Judge Brad Schimel, argued during the campaign that the liberal majority was delaying its ruling in the case “to keep the 1849 law a live issue” in the race.
While working in private practice, Crawford represented Planned Parenthood of Wisconsin in litigation related to abortion access.
Crawford’s victory on Tuesday ensures the court’s upcoming ruling is likely to remain intact — at least for now — meaning abortion will remain legal in Wisconsin.
The liberal majority’s decision to throw out the state’s Republican-gerrymandered legislative maps, breaking a GOP lock on the state Legislature, has been its most influential ruling since taking power. As a result, Democrats picked up 14 seats in the Assembly and state Senate in 2024 in a good Republican year nationwide.
However, during the same time period, the high court denied a request to reconsider the state’s congressional maps without stating a reason. The maps were drawn by Democratic Gov. Tony Evers, but under a “least change” directive from a previous conservative court, so they remained GOP-friendly. But in the liberal court’s legislative redistricting decision, it overturned the “least change” precedent. Crawford’s victory opens a window for Democrats and their allies to once again challenge the maps, potentially using the argument that the current lines were drawn under rules that have since been rejected.
The future of the congressional districts were a key issue in this year’s state Supreme Court race.
Elon Musk, who spent some $20 million to boost Schimel’s candidacy, said at a rally in Green Bay last weekend that a potential redrawing of the maps is what made the race so important.
He called Tuesday’s election “a vote for which party controls the U.S. House of Representatives.”
Democrats have pushed a similar idea.
The Democratic leader in the U.S. House, Rep. Hakeem Jeffries, last week called Wisconsin’s congressional lines “broken.”
“As soon as possible we need to be able to revisit that and have fairer lines,” he said during an event with DNC Chair Ken Martin. “The only way for that to be even a significant possibility is if you have an enlightened Supreme Court.”
Crawford’s win makes the court friendlier to a potential congressional redistricting lawsuit.
A Dane County judge ruled late last year that provisions of Act 10, a Scott Walker-era law that kneecapped public sector labor unions, violated the state constitution. Under the ruling, all public sector workers would have their collective bargaining restored to what it was before the law took effect in 2011.
The Wisconsin Supreme Court in February declined to fast-track an appeal in the case, meaning it must first be decided by a conservative branch of the state Court of Appeals, likely ensuring it won’t come before the high court before the end of the current term.
That means Crawford, who challenged aspects of Act 10 while working as a private attorney, will be on the court when it comes before the justices.
She didn’t answer directly when asked during the race’s only debate if she would recuse herself from the case. But she did note that the provision currently being challenged is different from the one she brought a lawsuit over.
“If the same provision that I was involved in litigating back in those early days was challenged again, I most likely would recuse,” she said.
But with conservative-leaning Justice Brian Hagedorn having already recused from the case, Crawford could step aside and liberals would still have the votes needed to overturn the law.
The high court is currently also considering a case about enforcement of the state’s “Spills Law.”
Enacted in 1978, the law requires people or companies discharging a hazardous substance “to restore the environment to the extent practicable and minimize the harmful effects from the discharge to the air, lands or waters of this state.”
The lawsuit was filed by Wisconsin Manufacturers & Commerce, the state’s powerful business lobby, in 2021. It argued that the DNR could not require people to test for so-called “forever chemicals” contamination — and require remediation if they’re present — because the agency hadn’t gone through the formal process of designating the chemicals, known as PFAS, as “hazardous substances.” The court’s liberal justices seemed skeptical of WMC’s position during oral arguments in January.
WMC has been a perennial spender in state Supreme Court races. It spent some $2 million targeting Crawford during this year’s race.
Any forthcoming ruling in favor of the DNR is likely safe with Crawford on the court. She was endorsed during the campaign by Wisconsin Conservation Voters.
Here’s what Susan Crawford’s state Supreme Court win means for Wisconsin 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.
The Democratic-backed candidate for Wisconsin Supreme Court defeated a challenger endorsed by President Donald Trump and billionaire Elon Musk on Tuesday, cementing a liberal majority for at least three more years.
Susan Crawford, a Dane County judge who led legal fights to protect union power and abortion rights and to oppose voter ID, defeated Republican-backed Brad Schimel in a race that broke records for spending, was on pace to be the highest-turnout Wisconsin Supreme Court election ever and became a proxy fight for the nation’s political battles.
Trump, Musk and other Republicans lined up behind Schimel, a former state attorney general. Democrats including former President Barack Obama and billionaire megadonor George Soros backed Crawford.
The first major election in the country since November was seen as a litmus test of how voters feel about Trump’s first months back in office and the role played by Musk, whose Department of Government Efficiency has torn through federal agencies and laid off thousands of workers. Musk traveled to Wisconsin on Sunday to make a pitch for Schimel and personally hand out to $1 million checks to voters.
Crawford embraced the backing of Planned Parenthood and other abortion rights advocates, running ads that highlighted Schimel’s opposition to the procedure. She also attacked Schimel for his ties to Musk and Republicans, referring to Musk as “Elon Schimel” during a debate.
Schimel’s campaign tried to portray Crawford as weak on crime and a puppet of Democrats who, if elected, would push to redraw congressional district boundary lines to hurt Republicans and repeal a GOP-backed state law that took collective bargaining rights away from most public workers.
Crawford’s win keeps the court under a 4-3 liberal majority, as it has been since 2023. A liberal justice is not up for election again until April 2028, ensuring liberals will either maintain or increase their hold on the court until then. The two most conservative justices are up for re-election in 2026 and 2027.
The court likely will be deciding cases on abortion, public sector unions, voting rules and congressional district boundaries. Who controls the court also could factor into how it might rule on any future voting challenge in the perennial presidential battleground state, which raised the stakes of the race for national Republicans and Democrats.
Musk and groups he funded poured more than $21 million into the contest. Donald Trump Jr., the president’s eldest son, campaigned for Schimel in the closing weeks and said electing him was essential to protecting the Republican agenda. Trump endorsed Schimel just 11 days before the election.
Schimel, who leaned into his Trump endorsement in the closing days of the race, said he would not be beholden to the president or Musk despite the massive spending on the race by groups that Musk supports.
Crawford benefitted from campaign stops by Minnesota Gov. Tim Walz, the vice presidential nominee last year, and money from billionaire megadonors including Soros and Illinois Gov. JB Pritzker.
The contest was the most expensive court race on record in the U.S., with spending nearing $99 million, according to a tally by the Brennan Center for Justice. That broke the previous record of $51 million record, for the state’s Supreme Court race in 2023.
All of the spending and attention on the race led to high early voting turnout, with numbers more than 50% higher than the state’s Supreme Court race two years ago.
Crawford was elected to a 10-year term replacing liberal Justice Ann Walsh Bradley who is retiring after 30 years on the bench.
Wisconsin’s photo ID requirement for voting will be elevated from state law to constitutional amendment under a proposal approved by voters.
The Republican-controlled Legislature placed the measure on the ballot and pitched it as a way to bolster election security and protect the law from being overturned in court.
Democratic opponents argued that photo ID requirements are often enforced unfairly, making voting more difficult for people of color, disabled people and poor people.
Wisconsin voters won’t notice any changes when they go to the polls. They will still have to present a valid photo ID just as they have under the state law, which was passed in 2011 and went into effect permanently in 2016 after a series of unsuccessful lawsuits.
Placing the photo ID requirement in the constitution makes it more difficult for a future Legislature controlled by Democrats to change the law. Any constitutional amendment must be approved in two consecutive legislative sessions and by a statewide popular vote.
Republican legislators celebrated the measure’s passage.
“This will help maintain integrity in the electoral process, no matter who controls the Legislature,” Sen. Van Wanggaard, who co-authored the amendment, said in a statement.
Elon Musk, the world’s richest man, who is leading Trump’s efforts to shrink the federal government, also noted the outcome on his social media platform, X, saying: “Yeah!”
Wisconsin is one of nine states where people must present photo ID to vote, and its requirement is the nation’s strictest, according to the National Conference of State Legislatures. Thirty-six states have laws requiring or requesting that voters show some sort of identification, according to the NCSL.
Jill Underly, the Democratic-backed state education chief, defeated her Republican-aligned opponent, Brittany Kinser.
Underly will guide policies affecting K-12 schools as Trump moves to eliminate the U.S. Department of Education. Her second term comes at a time when test scores are still recovering from the pandemic, Wisconsin’s achievement gap between white and Black students remains the worst in the country and more schools are asking voters to raise property taxes to pay for operations.
Wisconsin is the only state where voters elect the top education official but there is no state board of education. That gives the superintendent broad authority to oversee education policy, from dispersing school funding to managing teacher licensing.
Underly, 47, had the support of the teachers union in the general election after failing to secure it in the three-person primary. She also was backed financially by the state Democratic Party.
Underly, who was first elected as state superintendent in 2021, ran as a champion of public schools. Kinser is a supporter of the private school voucher program.
Underly’s education career began in 1999 as a high school social studies teacher in Indiana. She moved to Wisconsin in 2005 and worked for five years at the state education department. She also was principal of Pecatonica Elementary School for a year before becoming district administrator.
Kinser, whose backers included the Wisconsin Republican Party and former Republican Govs. Tommy Thompson and Scott Walker, previously worked for Rocketship schools, part of a national network of public charter institutions. She rose to become its executive director in the Milwaukee region.
In 2022 she left Rocketship for City Forward Collective, a Milwaukee nonprofit that advocates for charter and voucher schools. She also founded a consulting firm where she currently works.
Kinser tried to brand Underly as being a poor manager of the Department of Public Instruction and keyed in on her overhaul of state achievement standards last year.
Underly said that was done to better reflect what students are learning now, but the change was met with bipartisan opposition including from Democratic Gov. Tony Evers, who was previously state superintendent himself. Evers did not make an endorsement in the race.
Unprecedented turnout led to ballot shortages in Wisconsin’s largest city Tuesday as voters cast ballots in “historic” numbers.
The race for control of the court, which became a proxy battle for the nation’s political fights, broke records for spending and was poised to be the highest-turnout Wisconsin Supreme Court election ever.
Early voting was more than 50% ahead of levels seen in the state’s Supreme Court race two years ago, when majority control was also at stake.
Seven polling sites in Milwaukee ran out of ballots, or were nearly out, due to “historic turnout” and more ballots were on their way before polls closed, said Paulina Gutierrez, the executive director of the Milwaukee Elections Commission.
Clerks all across the state, including in the city’s deep-red suburbs, reported turnout far exceeding 2023 levels.
The court can decide election-related laws and settle disputes over future election outcomes.
“Wisconsin’s a big state politically, and the Supreme Court has a lot to do with elections in Wisconsin,” Trump said Monday. “Winning Wisconsin’s a big deal, so therefore the Supreme Court choice … it’s a big race.”
Crawford embraced the backing of Planned Parenthood and other abortion rights advocates, running ads that highlighted Schimel’s opposition to the procedure. She also attacked Schimel for his ties to Musk and Trump, who endorsed Schimel 11 days before the election.
Schimel’s campaign tried to portray Crawford as weak on crime and a puppet of Democrats who would push to redraw congressional district boundary lines to hurt Republicans and repeal a GOP-backed state law that took collective bargaining rights away from most public workers.
Voters in Eau Claire seemed to be responding to both messages. Jim Seeger, a 68-year-old retiree, said he voted for Schimel because he’s concerned about redistricting.
Jim Hazelton, a 68-year-old disabled veteran, said he had planned to abstain but voted for Crawford after Musk — whom he described as a “pushy billionaire” — and Trump got involved.
“He’s cutting everything,” Hazelton said of Musk. “People need these things he’s cutting.”
The court will likely be deciding cases on abortion, public sector unions, voting rules and congressional district boundaries.
Last year the court declined to take up a Democratic-backed challenge to congressional lines, but Schimel and Musk said that if Crawford wins, the court will redraw congressional districts to make them more favorable to Democrats. Currently Republicans control six out of eight seats in an evenly divided state.
Musk was pushing that message on Election Day, both on TV and the social media platform he owns, X, urging people to cast ballots in the final hours of voting.
There were no major voting issues by midday Tuesday, state election officials said. Severe weather prompted the relocation of some polling places in northern Wisconsin, and some polling places in Green Bay briefly lost power but voting continued. In Dane County, home to the state capital, Madison, election officials said polling locations were busy and operating normally.
The contest is the most expensive court race on record in the U.S., with spending nearing $99 million, according to a tally by the Brennan Center for Justice.
Musk contributed $3 million to the campaign, while groups he funded poured in another $18 million. Musk also gave $1 million each to three voters who signed a petition he circulated against “activist” judges.
Schimel leaned into his support from Trump while saying he would not be beholden to the president or Musk. Democrats centered their messaging on the spending by Musk-funded groups.
“Ultimately I think it’s going to help Susan Crawford, because people do not want to see Elon Musk buying election after election after election,” Wisconsin Democratic Party Chair Ben Wikler said Monday. “If it works here, he’s going to do it all over the country.”
Democratic-backed Susan Crawford wins Wisconsin Supreme Court seat, cementing liberal majority 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.
Denise Jess walked into a Madison polling place on Saturday to vote early in person and encountered a familiar barrier: an absentee ballot envelope with a blank space for writing in her name, birthdate and address.
Jess, who is blind, chuckled along with her wife, who accompanied her to the polls. Who was going to do all that writing?
A poll worker quickly offered help, reminding Jess that she had the right to assistance. Jess, who is executive director of the Wisconsin Council of the Blind & Visually Impaired, knew she had those rights. But the moment still bothered her.
“It’s just a bummer,” she said, comparing voting with other tasks she performs independently, like identifying birds by ear, paying bills online, posting on social media, and grocery shopping. Voting is a constitutional right in Wisconsin and yet, she said, it remains far less accessible.
Other industries have prioritized accessibility because it benefits their bottom line, she said, but voting systems were not originally designed with accessibility in mind.
“We’re making strides,” she said, “but it’s still always, always about retrofitting and trying to catch up.”
Jess’s experience illustrates a persistent tension in election policy: how to ensure both ballot security and accessibility for all voters. Electronic absentee voting is particularly nettlesome. Disability rights advocates have pushed for this option as a way for people with vision or other disabilities to vote independently, and in private, from home. But cybersecurity experts warn that current technology cannot guarantee that ballots returned electronically will be safe from hacking or manipulation.
Over a dozen other states provide fully electronic absentee voting for people with disabilities. In those states, voters with disabilities can receive a ballot electronically, mark it using a screen reader and return it electronically — similar to signing and returning a document electronically. Wisconsin isn’t one of them. Here, voters with disabilities must cast their votes on a paper ballot, or on an accessible voting machine at a polling place that prints out a paper ballot.
That means that voters who are visually impaired or unable to write must often rely on others to complete their ballots — undermining ballot secrecy, which is also constitutionally protected. During the COVID-19 pandemic, when many disabled voters were reluctant to visit the polls in person, Wisconsin’s rules presented an even bigger barrier.
Last year, four voters with disabilities, along with Disability Rights Wisconsin and the League of Women Voters of Wisconsin, filed a lawsuit seeking access to electronic absentee voting. A lower court initially granted some voters that option, but an appeals court paused and eventually reversed that order. The case is now before the Dane County Circuit Court.
Beyond the roughly dozen states that offer fully electronic voting, a few others, including Vermont, Michigan, Maryland, and Pennsylvania, allow voters with disabilities to fill out ballots electronically, but they have to print out the ballots and return them by mail, drop box, or in person. Verified Voting, a nonpartisan election technology group, promotes this option as a step forward for states wary of fully electronic voting.
That wouldn’t solve the issue for everyone, though. Jess pointed out that many blind voters don’t own printers, meaning they’d still face accessibility hurdles.
At a time of heightened concern over election security and integrity, some technology experts say fully electronic voting is still not ready to be used widely.
Between August 2021 and September 2022, the University of California, Berkeley, hosted a working group of election, technology and cybersecurity experts to discuss the feasibility of creating standards to enable safe and secure electronic marking and return technologies. The group found that widespread adoption of electronic return would require technologies that don’t currently exist or haven’t been tested.
A 2024 report by several federal agencies, including the Cybersecurity and Infrastructure Security Agency and the Election Assistance Commission, found that sending digital copies of ballots to voters is safe and that filling them out electronically is somewhat safe, but that returning them electronically adds significant security risks.
“Sheer force of will doesn’t suffice to solve this problem,” said Mark Lindeman, the policy and strategy director at Verified Voting. “There needs to be extensive technical innovations that we can’t just dial up.”
Lindeman said threats from electronic ballot return include the possibility that somebody hacks into the system and changes votes. One potential safeguard — having voters verify that their selections were received and counted correctly — remains unproven at scale, the UC-Berkeley working group said.
“That’s the fundamental technical tragedy at this stage of the game,” Lindeman said. “Paper ballots are obviously inconvenient for many voters. They pose real obstacles to voting, but we haven’t found a technical alternative to paper ballots that solves all the problems.”
In Wisconsin, Jess chooses among three imperfect voting options.
She can vote on Election Day in her polling place, whose layout she has memorized, though it can get too busy for her comfort. She can vote using an accessible machine but still has to hand-sign the poll book, something she typically does with the assistance of a poll worker and a signature guide, a small plastic card with a rectangular cutout that frames the area where she has to sign.
Alternatively, she can vote absentee in person during the early voting period, but then she has to receive help with paperwork and navigating an unfamiliar polling place.
Or she can fill out an application online and vote by mail, which she avoids because she can’t fill out a paper ballot without assistance.
“It’s kind of like, what’s the path of least pain?” she said.
For this Wisconsin Supreme Court election, given the potential for bad weather, she opted for early in-person voting at the Hawthorne Public Library, which isn’t her regular polling place.
“There’s enough consistency here at Hawthorne, but still there are surprises,” she said, sitting at a table at the library on Madison’s east side. “Even the simple navigation of going to the table to get the envelope, getting in line. They’re queuing people to wait behind the blue tape, which, of course, I can’t see.”
She could opt for more hands-on help from poll workers to speed up the process, but she said she sees her voting trips as a chance to learn more about the potential barriers for people with disabilities.
Some voters who are newer to vision loss or have more severe barriers can quickly become demoralized by the extra energy they need to put into casting a ballot, especially if poll workers aren’t trained or ready to help, she said.
“We’ve had voters say, ‘I’m not going back. I’m just not doing that again, doing that to myself,’ she said. “So then we lose a voter.”
If electronic voting were available, Jess said, she would do it a lot more often than voting in person because she wouldn’t have to depend on transportation or the weather.
“It would just be absolutely liberating,” she said. “I might still vote in-person at my polling place periodically, because I like my poll workers, and I always like to visit with them and give them kudos. But it would surely ease some stress.”
Alexander Shur is a reporter for Votebeat based in Wisconsin. Contact Shur at ashur@votebeat.org.
Votebeat is a nonprofit news organization reporting on voting access and election administration across the U.S. Sign up for Votebeat Wisconsin’s free newsletter here.
How one voter navigates Wisconsin’s hurdles for people with disabilities 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.
The Social Development Commission’s property corporation faces a foreclosure lawsuit for owing nearly $3 million in mortgage payments on its North Avenue buildings in Milwaukee, according to court records.
SD Properties Inc. is the tax-exempt corporation that owns the buildings of the Social Development Commission, or SDC.
Forward Community Investments Inc., a community development financial institution with Madison and Milwaukee offices, filed a complaint March 27 against SD Properties and SDC with the Milwaukee County Circuit Court.
SD Properties owes Forward Community Investments approximately $2.3 million in principal and interest for a 2020 construction mortgage and about $679,000 for a 2023 mortgage, for a total of just under $2.98 million, according to the complaint.
“FCI would be thrilled to see the critical services provided by CR-SDC return to the community,” said Ryan Zerwer, president & CEO of Forward Community Investments, in a statement. “However, the past 12 months, communication from SD Properties, Inc. has failed to provide sufficient information on actionable plans to fully resume operations and start meeting their financial obligations.”
SDC has been in turmoil since last April after it abruptly stopped operations and laid off staff. The agency reopened in December and is now preparing for a public hearing on its community action agency status.
William Sulton, SDC’s attorney, confirmed that SD Properties is in default on its mortgage payments.
“SDC has been in discussions with FCI about what kind of remedies they intend to pursue, so I guess it’s not a complete surprise,” Sulton said.
“I think the impact of the foreclosure case is it puts the North Avenue building at risk, and if there is no North Avenue building, then that is the majority of programs that SDC had in ’23.”
SDC also is listed on the lawsuit as a defendant as a guarantor for SD Properties.
Forward Community Investments has been a lender to SD Properties since 2015 through its Community Development Loan Fund, which provides “financing to nonprofit organizations and community organizations for mission-focused projects that will work to reduce racial and socioeconomic disparities across the state of Wisconsin,” according to the complaint.
SD Properties entered into a construction mortgage on Jan. 22, 2020, of approximately $1.98 million plus interest, and then modified the agreement on July 22, 2020, to increase the total amount to $2.36 million.
In March 2023, SD Properties entered into a separate agreement in which it would owe about $665,000 and interest for a mortgage of five property parcels, which include the main office at 1730 North Ave., a warehouse at 1810 North Ave. and parking lots, according to court documents.
SD Properties defaulted on a “significant loan” in April 2024, according to Zerwer.
SD Properties also defaulted because it did not pay the entire amount of debt and interest owed for 2020 mortgage by the end date, or maturity date, of Dec. 22, 2024, according to the complaint.
Before the legal filing, Forward Community Investments presented SD Properties in the fall with a forbearance agreement, in which it would refrain from immediately collecting the obligations due from SD Properties, and revised it several times.
However, Zerwer said revisions on the agreement reached an impasse in March.
SDC board members discussed a “time-sensitive” resolution related to SD Properties at an emergency meeting on March 24 and decided to postpone taking action.
“We’ve been doing many strategic moves to prevent the foreclosure of this building and possibly a deficiency judgment against our Teutonia (location),” said Vincent Bobot, an SDC commissioner and chair of the SD Properties board, at the meeting.
“If there’s not a foreclosure, it means it’s still going to be drawn out and still take quite some time, but nevertheless, we want that time,” he said.
Board members planned to return to the item at a later meeting so they could discuss it directly with Sulton, who was not at the meeting.
The forbearance agreement would allow SD Properties to keep the North Avenue main office and the 18th Street warehouse, Sulton said, but SDC’s main issue now is having no funding.
“Even if we win the lawsuit, without any funding, we’ll just end up with another lawsuit down the road,” Sulton said.
SD Properties has retained attorneys from Kerkman & Dunn to represent it in the foreclosure case, Sulton said.
SDC and SD Properties have 20 days to respond to the summons and complaint before the case proceeds in court.
“We feel we have been patient and extended every opportunity to the leadership of SD Properties, Inc. to work in partnership with us to resolve the loan default,” Zerwer said. “In fact, we call upon SD Properties, Inc. to once again work with us on a forbearance plan.”
The Wisconsin Department of Children and Families is hosting a public hearing on SDC’s designation as a community action agency from 11:30 a.m. to 1 p.m. on Friday, April 4.
The hearing will be held in the Milwaukee State Office Building, 819 N. 6th St., in Conference Rooms 40 and 45 on the first floor.
Milwaukee Social Development Commission buildings face foreclosure risk 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.
Wisconsin’s municipal courts can have a significant and devastating impact on the lives of people who can’t afford to pay a citation due to poverty. Without critical legal protections, unpaid municipal citations can lead to warrants, arrests and incarceration.
There is no right to counsel in Wisconsin’s municipal courts, meaning people unable to afford an attorney face court alone, compounding the cycle of poverty and punishment. These courts risk operating in ways that undermine constitutional standards and disproportionately harm vulnerable communities. Hence, there is a heightened need for transparency and accountability.
Public access to accurate court records and data is essential to upholding constitutional and statutory requirements. In December, a Milwaukee County Circuit Court judge ordered the Milwaukee Municipal Court and its judges to comply with statutory requirements mandating electronic recordings of all hearings on motions to reopen because of a defendant’s inability to pay a judgment due to poverty. Judge David Borowski found that the court and its judges “have violated and very likely will continue to act in violation of their plain duties” to record these hearings.
These hearings can determine whether an individual faces severe sanctions, including arrest warrants, writs of commitment, or driver’s license suspensions. They also establish whether a judge is required to abide by certain poverty protections, like community service in lieu of payment for a defendant who faces incarceration due to poverty.
The ACLU of Wisconsin, for which I work, released a report last fall that underscores both the scope and the severe consequences of municipal court practices. The data used in this report was gathered from open records requests sent to each of Wisconsin’s 219 municipal courts and 73 county jails.
Each court and jail operates independently, with differing policies, procedures and levels of transparency. Many courts and jails either failed to respond to our open records requests or provided incomplete data. Some jails claimed they could not separate out municipal warrants or commitments, while others demanded exorbitant fees to locate records.
Municipal courts face minimal oversight and reporting requirements. They are encouraged, but not required, to submit an annual voluntary questionnaire.
The only statewide municipal court data published consists of the total number of cases by state, county and year, but these statistics are self-reported, unauthenticated and often incomplete. The result is an unreliable, outdated and incomplete data set that fails to provide the transparency necessary for meaningful review.
We can’t rely only on open records as the primary tool for oversight. Governments must implement systems for collecting, vetting and reporting court data. Basic information, such as the number of warrants and commitments issued annually, how many people are jailed for failure to pay, and for how long, should be readily available. If a court or jail cannot provide this information, it should not have the ability to impose or enforce these sanctions.
Transparency is not an abstract ideal; it is a safeguard against unconstitutional practices and a tool for ensuring justice. When courts operate without transparency, individuals, especially those who are economically disadvantaged, are at a heightened risk of having their rights violated.
Courts and carceral institutions must have standardized, reliable systems for recording, analyzing and reporting data. Wisconsin’s municipal courts must be held to higher standards of transparency, and the state must implement policies that ensure courts are accountable to the communities they serve.
Without meaningful change, without appropriate oversight, many municipal courts will continue to punish poverty, making it difficult to ensure that community members receive the constitutional and statutory protections to which they are entitled.
Your Right to Know is a monthly column distributed by the Wisconsin Freedom of Information Council (wisfoic.org), a group dedicated to open government. Emma Shakeshaft is a senior staff attorney and researcher for the ACLU of Wisconsin Foundation.
Your Right to Know: Improve access to municipal court records 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.
State Superintendent Jill Underly was reelected Tuesday, beating educational consultant Brittany Kinser to continue leading Wisconsin's Department of Public Instruction.
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Dane County Judge Susan Crawford has won a seat on the Wisconsin Supreme Court, preserving liberals’ 4-3 majority after a hard-fought, highly politicized contest that attracted national attention and shattered spending records.
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State Superintendent Jill Underly won a second term in office Tuesday evening. (Photo by Baylor Spears/Wisconsin Examiner)
Incumbent Jill Underly, who had the backing of the Democratic Party of Wisconsin, won a second term as state superintendent on Tuesday, defeating education consultant and Republican-backed candidate Brittany Kinser.
“I’m just deeply honored and humbled for the trust you have placed in me to continue as state superintendent for public instruction,” Underly told supporters at her Election Night party. “This victory belongs to all of us who believe in the power of public education, but for every educator, family, and most importantly, kids across our state.”
The Associated Press called the race at 10:05 p.m. with Underly leading by more than 5 points and with more than 80% of the votes counted.
Kinser’s campaign released a statement shortly before 10:30 p.m. in which she acknowledged the result was “not the outcome I had hoped for.”
“Our kids’ future shouldn’t rest on the politicization of our education system, but on the belief that our kids deserve so much better than they currently receive,” she said.
The state superintendent, a technically nonpartisan position, is responsible for providing guidance for the state’s 421 public school districts, leading the Department of Public Instruction (DPI) — an agency responsible for administering state and federal funds, licensing teachers and developing educational curriculum and state assessments — and also holds a position on the University of Wisconsin Board of Regents.
Underly received the endorsement from Wisconsin Education Association Council (WEAC), the state’s largest teachers’ union, and AFT-Wisconsin. The Democratic Party of Wisconsin contributed over $850,000 to her campaign. While Underly had the backing of the state Democratic party, Democrat Gov. Tony Evers refused to endorse in the race.
WEAC said in a statement that the “victory inspires the public school educators who work with students every day to be even more visible and more involved in education policy deliberations to solve staffing shortages and the state funding crisis that forces communities to referendum every year to keep the schoolhouse doors open” and that the result is a rejection of “the school voucher lobby in favor of educators, so all students – no exceptions – have the opportunity to learn without limits and unlock their dreams.”
Kinser had never worked in a traditional Wisconsin public school and received criticism during the campaign for never holding a Wisconsin teachers’ license and allowing her administrator’s license to lapse, though she eventually updated it. She had also worked mostly in charter school circles in recent years, including as principal and executive director of Rocketship schools in Milwaukee and as a leader of the City Forward Collective, a Milwaukee-based advocacy group that has lobbied in favor of increasing funding for the state’s voucher program.
With her background, Kinser, who describes herself as a moderate, found support from Republicans and school choice advocates, receiving over $1.6 million in contributions from the Republican Party of Wisconsin.
While decisive, Underly’s victory was by a narrower margin than her first election in 2021, while Kinser did better than past DPI candidates who have run with the backing of the state’s powerful school choice lobby.
Underly said her takeaway from the closeness of the race is that “we need to just communicate better.”
Throughout the campaign, Underly faced criticism from her opponent, Republicans and others for her recent approval of changes to state testing standards and poor communication with school districts.
“There’s a lot that goes on at the agency that I think in years past, maybe state superintendents took for granted, but I think it’s important that we are communicating more,” Underly told the Wisconsin Examiner.
Underly said that the agency is working on rebuilding its relationship with legislators.
“The Legislature and the relationship with the state superintendent hasn’t always been that great…,” Underly said. “We meet with them frequently. We meet with the governor’s office quite frequently also. I’m just going to go back to the fact that I hope that we all want the same things, regardless of where we are on the political spectrum.”
Underly said that she also respected Evers’ decision not to endorse in the race and that her working relationship with his office is “fine.”
Throughout her campaign, Underly defended her decisions during her first term and said that she has served as “the No. 1 advocate for public education” and will continue to do so. Prior to being elected to the top DPI position, Underly worked as assistant director in DPI. She also previously served as a principal and superintendent of the Pecatonica Area School District and taught in public schools in Indiana.
Underly leaned on her advocacy for public schools while making the argument for her reelection. She introduced a budget request for the state that would have invested over $4 billion in public education, saying that it’s what schools deserved. Republicans and Evers both said it was too large.
Democratic lawmakers said Underly’s victory is a sign of Wisconsinites’ support of public schools and will hopefully bode well for the future of securing improved funding for public education.
Senate Minority Leader Dianne Hesselbein (D-Middleton) told the Wisconsin Examiner that Underly’s victory was a vindication of her first term in office.
“She’s had to make do with some really tough choices, and she’s done a great job for kids and for teachers,” Hesselbein said.
“We know public schools unite communities, and when we have strong public schools, we have strong communities,” Rep. Francesca Hong (D-Madison) said. “We’ve got a state superintendent who’s going to be looking out for every learner in our state, and so I’m also looking forward to the transparency and accountability that will come with ensuring that public dollars are for public schools.”
Hong said that the lack of communication between Republican lawmakers and Underly is the fault of lawmakers who are not interested in meeting the needs of students. She said that Underly’s win and “Republicans needing to answer to their communities who care about their public schools again” could encourage them to work across the aisle. She noted that Wisconsinites have repeatedly raised their property taxes to ensure schools have funding in lieu of reliable state investments.
Hong also said that she thought Underly’s victory showcased that “public dollars going to private schools was a deep concern for a lot of Wisconsinites.” During her campaign, Underly criticized her opponent for her lobbying for and support for Wisconsin’s school choice programs. She also expressed her opposition to the growth of those programs, saying it is not sustainable for the state to fund two school systems and that she would oppose dedicating more money to private school vouchers.
Underly said it’s clear that her opponent “cares about kids and she cares about kids learning.” and that something she would take away from the race is that “we all want the same things. Ultimately, we want kids to be successful.”
(Photo by Drew Angerer | Getty Images)
Wisconsin voters on Tuesday approved a constitutional amendment to enshrine the state’s already existing voter ID law into the state Constitution.
The amendment was approved by 25 points. The Associated Press called the election less than 40 minutes after the polls closed.
The Republican-authored referendum does not change the law that was already on the books in the state which requires that voters show an approved ID to register to vote and receive a ballot. Republican legislators said the amendment was necessary to protect the statute from being overturned by the state Supreme Court. In recent years, Republicans in the Legislature have increasingly turned to the constitutional amendment process to shape state law without needing the signature of Democratic Gov. Tony Evers.
Democrats had accused Republicans of including the referendum on the ballot in this election as an effort to boost conservative turnout in the state Supreme Court election.
Wisconsin’s voter ID law has been on the books for more than a decade. During debate over the law, Republican lawmakers discussed its potential to help the party win elections by suppressing the vote of minority and college-aged people who tend to vote for Democrats.
Democrats and voting rights groups said the law amounted to a “poll tax.” A 2017 study found that the law kept 17,000 people from the polls in the 2016 election.
Since its passage, a number of court decisions have adjusted the law, leading the state to ease restrictions and costs for obtaining a photo ID — particularly for people who can’t afford a high cost or don’t have proper documents such as a birth certificate.
Republicans in Wisconsin and across the country have increasingly focused on photo ID requirements for voting since conspiracy theories about election administration emerged following President Donald Trump’s false claims that he was robbed of victory because of voter fraud in the 2020 presidential campaign.
While the law doesn’t change, the approved language of the amendment gives the Legislature the authority to determine what types of ID qualify as valid for voting purposes. Currently, approved IDs include Wisconsin driver’s licenses and state IDs, U.S. passports, military IDs and certain student IDs.
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