Wisconsin Supreme Court Candidate Responses

Fair Wisconsin sent questionnaires to the three candidates vying to be the next Justice on the Wisconsin Supreme Court. The candidates are Linda Clifford, Joseph Sommers, and Annette Ziegler. Unfortunately, only one candidate--Linda Clifford--took the time to respond. Her complete response is below.

Linda Clifford's Responses to Fair Wisconsin's Candidate Survey

1. Why do you want to be a Supreme Court Justice?

I am running because Wisconsin deserves the qualifications I would bring to the Court – 32 years of quality experience and leadership in government and private practice, active participation in State Bar and local bar efforts to promote justice in our state, and a commitment to pro bono legal services.

Wisconsin voters understand instinctively that the Supreme Court works best when its justices come from a wide variety of personal and professional backgrounds. My election would help restore professional diversity on the Court. Ten years ago, the majority of the seven justices came to the Court from outside the court system--for example, the law school, private practice, the legislature--bringing different experiences and perspectives to the job of solving complex legal issues. Today, only two of the seven justices offer different professional perspectives while five are former judges. Significantly, none of the justices has had recent real-world experience representing real people with real problems, either as an advocate or counselor/advisor. In 2007, the Court would benefit more from the addition of a seasoned practitioner than another local judge.

As evidenced by our current and immediate past chief justices (Abrahamson, Day, and Heffernan), prior judicial experience is not a prerequisite to successful service on the Court. A host of other highly-regarded recent justices, including Bablitch, Prosser, Hallows, Wilke, Fairchild, and Curry, also served without prior judicial experience, further confirming the value of different points of view on the Court.

Over the years, I've been involved in more than 30 appellate cases in state and federal court. Based on this extensive appellate practice experience, I know I would enjoy the Court’s work--the research, writing, analysis, and collegial debate among the justices--and I believe I have the skills, maturity, and good judgment required to perform these responsibilities well.

2. Can you describe your legal philosophy?

The Supreme Court's decisions directly affect Wisconsin citizens who are entitled to a justice with the discipline to maintain independence from outside political pressure and to decide cases fairly and impartially consistent with Wisconsin's progressive traditions.

Using labels or short-hand phrases to describe something as complex as decisionmaking at the Supreme Court level disserves the judicial system. I have chosen not to label my judicial philosophy in sound-bite terms because those labels--"judicial conservative," "judicial liberal," "judicial moderate"--often mean different things to different people. Moreover, so-called conservative judges frequently vote "liberal" and so-called liberal judges frequently vote "conservative."

Avoiding the use of political labels, I would characterize my approach to decisionmaking as "pragmatic," with the goal of construing constitutional provisions, statutes, and
regulations to further their intended purposes.

As a justice, I promise:

• To uphold the rule of law, putting aside personal or political preferences;
• To rely on legal precedent to promote legal stability, but not blindly, respecting the need for the slow evolution of the common law to reflect social, technological, or legislative change; and
• To interpret and uphold legislative enactments to advance legislative intent--UNLESS those enactments violate civil liberties, constitutional rights, or fundamental freedoms or violate other constitutional or statutory provisions.

Then, I would have the courage to strike them down. That’s not activism; that’s not legislating from the bench. That’s judging--what Wisconsin citizens expect its co-equal judicial branch to do --standing guard between our constitutional democracy and the tyranny that can occur if unauthorized legislative or executive actions go unchecked.

3. Surveys have shown that people who have friends or family who are lesbian, gay, bisexual, or transgender (LGBT) are more understanding of the prejudices LGBT people face and are less likely to accept negative stereotypes about LGBT people. Do you have any friends or family who are LGBT, and if so, has that relationship affected the way you see injustices facing this community?

I do have many gay and lesbian friends and professional colleagues, and I’ve had close friends succumb to AIDS. Unquestionably, my relationships with these individuals have personalized their situations far more than witnessing injustices in a vacuum.

4. As a private practitioner, have you ever handled a case involving a legal matter of concern to the LGBT community? (Please describe.)

Over the years, I have provided pro bono advice and counsel to the Madison AIDS Support Network and provided a legal opinion on Wisconsin law regarding the right to adopt and the right to marry to an out-state lesbian couple considering a move to Wisconsin.

5. As a private citizen did you express an opinion on the state constitutional amendment that was passed by the electorate in November of 2006 defining marriage as only between one man and a woman and banning civil unions for gay and straight couples? (Please describe.)

In the winter of 2005, before becoming a judicial candidate, I co-signed, along with 150 other lawyers, a letter addressed to the Wisconsin Legislature recommending against adoption of the marriage amendment, based on the principle that the Constitution was not the appropriate forum for this matter.

6. Prior to becoming a candidate or a member of the judiciary, what organizations were you actively involved in?

LEGAL AND BAR ASSOCIATION ACTIVITIES:

• Supreme Court of Wisconsin Office of Lawyer Regulation (formerly Board of Attorneys Professional Responsibility), District #9 Professional Responsibility Committee, 1993–2002 (investigated complaints against lawyer conduct and recommended discipline)
• Board of Attorneys Professional Responsibility Study Committee, State Bar of Wisconsin, 1990-1996 (studied public access to attorney disciplinary proceedings)
• State Bar of Wisconsin Energy and Telecommunications Section Board of Directors, 1999-present; Chair, 2004-2005
• State Bar of Wisconsin Fee Arbitration Panel Member, 1986-present
• Commission on the Judiciary as a Co-Equal Branch of Government, State Bar of Wisconsin
  • Chair, Inter-branch Relations Committee, 1996-1997
  • Recipient, President’s Award of Excellence, June 1997
• State Bar of Wisconsin Media-Law Relations Committee, 1988-1995
  • Chair, 1993-1994
  • Editor, Wisconsin Lawyer's Guide to the Media (2d ed. 1990)
  • Panelist, First Amendment Round Table with Prof. Arthur
    Miller, Jan. 1988
  • Liaison to Judicial Independence Committee, 1991-1995
• State Bar of Wisconsin Participation of Women in the Bar
  Committee, Panelist, Flexible Work Schedules Symposium, June 1992
• Dane County Bar Association, 1974-present
  • President, 1993-1994
  • Program Chair, 1989-1991
  • Various committees
• Case Mediation Program, Dane County Bar Association, pro bono
  mediator, 1991-present
• American Bar Association, 1989-present
  • Section of Environment, Energy, and Resources
  • Section of Public Utility, Communications, and Transportation Law
• American Immigration Lawyers Association, 1993-present
• Western District of Wisconsin Bar Association
  • Chair, Bar Liaison Committee, 1992-1997
  • Co-Editor, Newsletter of the Western District of Wisconsin Bar
    Association, 1992-1994
• Seventh Circuit Bar Association, 1990-present
• Wisconsin Women Environmental Professionals, 1995-1999
• Legal Association for Women, 1988-1998

COMMUNITY, CULTURAL, AND SOCIAL ACTIVITIES:

• Wisconsin Equal Justice Fund, Inc. (formerly Equal Justice Coalition)
  • Board of Directors, 1998-1999
  • Regular contributor, 1998-present
  • Chair, Annual Howard Eisenberg Award Dinner, 2005
• Wisconsin Historical Society Board of Curators (gubernatorial appointment), April 2004 – present
• Beloit College Board of Trustees, 1984-87; 1999-present
• Madison Consort, harpsichordist, 2003-present
• Midwestern Historical Keyboard Society, Inc., a regional organization of professional and amateur musicians and instrument builders in 20 states dedicated to the promotion of early keyboard music, performance, and education
  • Founding and Life Member, 1986-present
  • Pro bono legal counsel, 1986-present
  • Director and Treasurer, 1986-1995
  • Performer, 1988, 1998, 2000
• The Business Forum, an organization of business and professional women dedicated to personal growth and civic involvement, 1991-2002
  • Chair, Newsletter/Public Relations Committee, 1997-1999
  • Chair, Legislative Committee, 1991-1993
• Executive Women’s Golf Association, 1998-present
• Leadership Greater Madison (LGM 3), a 10-month program designed to prepare community leaders for service, featuring a community-focused team project and day-long sessions on selected community issues, 1996
• Friends of WHA-TV, Inc., a 21,000-member non-profit corporation dedicated to the support of public television
  • Board of Directors, 1978-1984
  • President of the Board/Chairman of the Board, 1981-1983
• City of Madison
  • Personnel Board, 1981-1983
  • Urban Land Commission, 1976-1978
• Blessed Sacrament Church and School
  • Organist/harpsichordist, 1989-1999
  • Funeral lunch committee, 1986-present
  • Parent-Teacher Organization, co-chair, 1983-1984
  • Education Enrichment Fund, pro bono legal counsel, 1983-present
• United Steelworkers of America, Member, 1967

7. Which United States Supreme Court justice or legal figure do you most wish to emulate, and why?

I don’t intend to model myself in anyone’s image or try to emulate another judge’s style or philosophy – in part because what I’ll bring to the Court – 32 years of quality experience and
leadership in government and private practice – is unique. It’s not surprising, though, that my personal admiration and respect would extend to two women who pioneered in advancing the role of women in the legal profession and the judiciary.

I have admired Sandra Day O’Connor, not only because she was the first woman appointed to the U.S. Supreme Court, but also because, since retiring from the Court, she has made it her mission to speak out on behalf of an independent judiciary and to fight against extremist rhetoric that criticizes judicial decisions based on political grounds.

I have always admired Wisconsin Chief Justice Shirley Abrahamson. She was my tax teacher in law school and, before her appointment to the Wisconsin Supreme Court, practiced in the same law firm I’ve been with for more than 25 years. She set the bar high for all of us who followed. Her boundless energy and excellent legal scholarship are legendary. I would enthusiastically join her efforts to promote public understanding of the importance of an independent judiciary and its co-equal status in our system of government.

To find out more about all three candidates for Supreme Court, visit their websites:

Linda Clifford - http://www.lindacliffordforjustice.org
Joseph Sommers - http://www.sommersforsupremecourt.com
Annette Ziegler - http://www.annetteziegler.com