On Tuesday, February 18, 2025, Wisconsin Public Radio reported that the candidates in Wisconsin’s Supreme Court election are not committing to recuse themselves from cases involving political parties that have financially supported their campaigns.
Liberal candidate Susan Crawford stated in an interview that she will not prejudge cases or the parties involved. She emphasized that her decision to recuse herself would depend on the specifics of each case, including the nature of the dispute and the legal issues presented. Crawford acknowledged the significant financial backing she has received from the state Democratic Party, which has contributed approximately $2 million to her campaign.
Her opponent, conservative candidate Brad Schimel, also refrained from committing to recusal when asked about cases involving the Republican Party of Wisconsin, which has provided him with around $1.7 million in campaign contributions. Schimel asserted that he would set aside any personal history when making rulings, stating that he would evaluate each case based on his ability to rule objectively.
Wisconsin law regarding judicial recusal is broad. Justices are required to step down from cases where they believe they cannot be impartial or if they have previously committed to a specific outcome. However, the determination of conflicts is left to the justices themselves, and there are no specific requirements for candidates to recuse themselves based on campaign contributions.
In 2017, the Wisconsin Supreme Court, with a conservative majority at the time, rejected proposals for the court to adopt stricter ethical standards concerning recusal, particularly in cases involving campaign donors. As state court elections have grown increasingly political, especially around contentious issues like abortion, the influence of substantial contributions from political entities has become more pronounced. This situation places judges in the position of ruling on cases brought by parties that have significantly funded their campaigns.
The 2023 Wisconsin Supreme Court race previously set national records for campaign spending, with liberal groups seeking to shift the court’s ideological stance. The state Democratic Party invested $10 million to support then-Judge Janet Protasiewicz, who ultimately won the election. Protasiewicz indicated during her campaign that she would likely recuse herself from cases involving the party that supported her.
Crawford, who has the backing of the four current liberal justices, did not commit to a similar policy regarding recusal from cases involving the Democratic Party. She expressed a desire to avoid prejudging such matters, maintaining her commitment to impartiality.
With the April 1 election approaching, both candidates are navigating the complexities of presenting their platforms to voters while remaining technically nonpartisan. They aim to highlight their extensive legal backgrounds; Crawford is a Dane County judge with experience representing Democratic interests and Planned Parenthood, while Schimel is a Waukesha County judge and former Republican attorney general.
As the election draws nearer, it is expected to surpass the fundraising records established in 2023, further intensifying the scrutiny surrounding the candidates’ ties to political parties and their financial backers. Voters will ultimately decide the ideological direction of the Wisconsin Supreme Court, a critical factor in future judicial decisions.
Source: Wisconsin Public Radio
