Wisconsin Supreme Court Justice David Prosser | official portrait

Former Wisconsin Supreme Court Justice and Assembly Speaker David Prosser died Sunday at 81 after a months-long battle with cancer. 

After graduating from law school in 1968, Prosser spent most of his career working in government, in all three branches. 

The Appleton native worked as a staff member of then-U.S. Rep. Harold Froehlich, as an attorney for the U.S. Department of Justice, and as the Outagamie County district attorney for two years before being elected to the Assembly in 1979. 

He served in the Assembly for nearly 20 years, serving as Speaker of the chamber and as minority leader. In 1996 he left the Legislature to run for U.S. Congress, losing his race for the state’s 8th Congressional District to Democrat Jay Johnson. 

After that loss, Republican Gov. Tommy Thompson appointed Prosser to the Wisconsin Tax Appeals Commission. 

In a statement, Thompson said Prosser dedicated his life to public service. 

“A man of deep conviction and intense loyalty to our way of life, David knew without citizen service, there was no real democracy and that to avoid the slings and arrows of public life was to surrender one’s convictions,” Thompson said. “He never did.”

Thompson appointed Prosser to the state Supreme Court in 1998. 

In 2011, Prosser held onto his seat, winning a tightly contested election against  JoAnne Kloppenburg by 0.5% of the vote. Prosser’s victory to coincided with a sharp right turn in the state’s politics, with Republicans controlling all three branches of state government. That period also marked a sharp increase in partisanship among the Court’s justices. 

In 2011, as the justices debated the Court’s decision on Republican’s Act 10 bill to limit the collective bargaining rights of public employees, Justice Ann Walsh Bradley accused Prosser of putting his hands around her throat in a “chokehold.” The state’s Judicial Commission filed ethics charges against Prosser, but the case petered out after most of the justices said they couldn’t weigh in on its conclusions because they had witnessed the event. 

Shortly before his retirement from the Court in 2016, the Court’s conservative majority renamed the state’s law library after him. 

“Justice Prosser was the quintessential public servant who enjoyed a respected career (spanning more than 40 years) in the service of others. His exemplary service in all three branches of government demonstrated his unparalleled versatility and dedication to the public good,” Chief Justice Annette Kingsland Ziegler said in a statement. “On the bench, Justice Prosser brought a keen intellect and deep sense of fairness to every case, leaving an indelible mark on Wisconsin jurisprudence. He was well known for digging into the books and conducting exhaustive research, often ‘burning the midnight oil’ in the law library. Justice Prosser possessed a critical understanding of, and allegiance to, the rule of law.”

The Court’s now-liberal majority renamed the library after Lavinia Goodell, Wisconsin’s first woman lawyer, in June. 

Earlier this year, Prosser was one of the retired former justices from whom Assembly Speaker Robin Vos sought advice as Republicans called for the impeachment of Justice Janet Protasiewicz. In a statement, Vos said Prosser was a “mentor” and celebrated his career of public service. 

“Dave had a great sense of humor and was always quick to offer advice that was filled with great ideas and common-sense solutions,” Vos said. “He was well-regarded and well-respected by his colleagues on both sides of the aisle. A man of wisdom, Dave listened first, was thoughtful and independent-minded in his decisions. He gained the trust of his colleagues, both Republicans and Democrats. Dave leaves a legacy of service to the state that won’t be matched.”

Wisconsin Supreme Court Chief Justice Annette Ziegler addresses the Wisconsin Judicial Conference Wednesday. (Screenshot | WisEye)

A shortage of lawyers hampers access to the courts, especially for rural Wisconsin residents, the Wisconsin Supreme Court’s chief justice told a gathering of state judges Wednesday.

Chief Justice Annette Ziegler said that Wisconsin’s chief judges had urged her and the state’s court system to take action in response to a general shortage of attorneys — a problem that other states also experience.

The shortage “is particularly acute in our rural counties, where we often do not even have any available certified attorneys to take cases,” Ziegler said. “When we cannot provide members of the public, who are exercising their constitutional right to be represented by counsel, with an attorney, ‘access to justice’ is seriously compromised.”

Ziegler’s State of the Judiciary Address was delivered at the annual conference of Wisconsin judges and also broadcast on Wisconsin Eye. The conference runs through Friday.

Ziegler established an attorney recruitment and retention committee “to brainstorm potential solutions” to the shortage. The committee works with the state’s chief judges’ committee, the State Bar of Wisconsin and the deans of law schools at the University of Wisconsin-Madison and Marquette University.

The committee has examined trends contributing to the lawyer shortage in rural areas and looked at other states’ responses, she said. The group has also discussed trends in law school enrollment and in the places law school graduates choose to work.

“Because most attorneys in Wisconsin are concentrated in urban metropolitan centers, there are legal deserts in many areas of the state, particularly in the northern counties,” Ziegler said.

Ziegler said the state bar association is undertaking a pilot project to create more rural clerkships — positions assisting judges that can provide entry-level opportunities for new law school graduates.

In the coming months the committee plans to look at recruitment and retention for public attorneys, she added, including efforts in other states to provide incentive programs to draw new lawyers to rural and underserved communities.

The lawyer shortage was one of three topics Ziegler highlighted in her address, which lasted just under 30 minutes.

Ziegler praised Wisconsin lawmakers who worked across party lines to pass three bills earlier this year aimed at improving security for judges — a concern arising from “dangerous acts of violence and threats against judicial officers,” she said. She recited a list of incidents from around the country, including the 2022 killing of retired Judge John Roemer by a man whom Roemer had sentenced to prison in 2005. The assailant died of a gunshot that investigators said was self-inflicted.

The laws include: Act 234, outlawing picketing or parading at the home of a judge “with the intent to interfere with, obstruct, or impede the administration of justice”; Act 236, which keeps judges’ security information and emergency response plans from public access; and Act 235, which takes effect April 1, 2025, protecting other information about judges, including the identities of  their immediate family members.

While praising the enactment of those laws, Ziegler said that there was “more work to do on this front,” but did not describe specifics.

Ziegler also lauded steps taken to address how the courts and the justice system approach mental health, including creating dedicated mental health courts in four counties.

The state court system is also testing other tools to help the courts deal with mental health matters. Those include pairing judges and psychiatrists to train the judiciary on mental health disorders and treatment best practices, she said, as well as possibly creating a state-level post in the court system to coordinate mental health responses.