Candidates clash during forum

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“I’ve had preliminary discussions with State Bar President Steve Levine on opening up the court and pledged to further discuss the issue after one year on the bench.” Linda M. Clifford, LaFollette Godfrey & Kahn

Wisconsin Supreme Court candidates Judge Annette K. Ziegler and attorney Linda M. Clifford were almost identically attired during their debate on March 9 at the Wisconsin State Bar Center in Madison, but those in attendance likely had little trouble distinguishing between the two.

With the general election less than three weeks away, the candidates frequently offered contrasting takes on topics in and out of the judicial spectrum.

Ziegler, who currently presides as a circuit court judge in Washington County spent much of the lively hour-long session deflecting ethical inquires, while Madison-area attorney Clifford side-stepped allegations of investigating her opponent.

Questionable Judgment

Days prior to the debate, news broke that Ziegler had presided over two dozen cases involving West Bend Savings Bank, which her husband is a member on the board of directors. Perceived as a potential violation of judicial ethics, Clifford directly questioned Ziegler on the topic.

“Does she know about the judicial ethics code?” asked Clifford. “Why didn’t she recuse herself from those cases? Is that the type of person we want sitting on the state’s highest court?”

Ziegler charged Clifford with hiring a private investigator to “dig up dirt” and encouraged thorough reviews of each case she was involved in.

“My family has never had any financial stake in any case I have ever ruled on,” said Ziegler. “It’s not my job to get out of cases, but Linda has never even had the chance to recuse herself, because she’s never been a judge.”

Ziegler asked Clifford if her husband, attorney Keith R. Clifford’s practice areas would bear any influence on her ruling in lead paint or medical malpractice cases.

Clifford called the tactic “desperate” and pledged recusal from any case which may present a conflict of interest.

“The bottom line is Judge Ziegler knew the rules for recusal and it will be up to the voters to determine who has the legal experience that matters,” said Clifford, who promoted her 32 years as an attorney.

On March 12, the Associated Press re-ported that Ziegler presided over 22 cases involving companies in which she owned at least $50,000 worth of stock, an analysis of court records found.

“My family has never had any financial stake in any case I have ever ruled on.” Hon. Annette K. Ziegler, Washington County Circuit Court Judge

In her 10 years as a circuit judge, she also handled 12 lawsuits involving companies in which she owned between $5,000 and $50,000 in stock, according to an analysis by the Wisconsin State Journal in Madison.

Bar and Bench

Topical questions on whether the Supreme Court should make all judicial conferences public, and whether the state should abolish the diploma privilege prompted some of the most direct responses of the night.

“I’ve had preliminary discussions with State Bar President Steve Levine on opening up the court and pledged to further discuss the issue after one year on the bench,” said Clifford, who acknowledged several members of the Wisconsin State Bar Board of Governors in attendance. “It’s a subject that can be approached with an open mind.”

Ziegler’s view as a sitting judge differed in that she said total access could hinder the ability of jurists to be completely candid.

“I’m willing to consider it, but I’m also skeptical,” said Ziegler.

Both candidates were beneficiaries of Wisconsin’s diploma privilege and neither opposed its merits. Ziegler thought the process to be as effective as a bar exam and Clifford believed more states should consider its adoption.

They differed on how active the Supreme Court should be in state budget issues and whether uniform court opinions were beneficial.

Ziegler said it was not the court’s re-sponsibility to seek funding, while Clifford denounced a passive approach, citing a need for the judiciary to be cognizant of legislative action and vice versa.

Neither believed justices should be viewed as creators of the law, simply interp
reters.

Unified rulings would be a judicial objective for Ziegler, but Clifford said consensus decisions may not be in the best interest of the Supreme Court.

“The split decisions are the one which get the headlines,” said Clifford. “I just don’t think unanimous opinions are the right goal.”

Politics vs. Policy

The candidates attempted to downplay their own political leanings and said they had no place in a judicial election, but also engaged in several distinctly partisan exchanges.

“My opponent has described her philosophy as conservative. So does that predict how she will judge issues in the Supreme Court?” asked Clifford, who labeled herself a pragmatist.

Ziegler pointed to her statewide bi-partisan support from district attorneys and law enforcement as a measure of her impartiality.

“I’ve lived a non-partisan life for the last 10 years as a circuit court judge,” said Ziegler. “When you take a seat on the bench, you check you ideology at the door.”

An influx of politically-tilted advertisements from outside interest groups have made it difficult for the candidates to divorce themselves from their alleged affiliations, especially in the public eye.

Ziegler cited the wild spending throughout the Wisconsin Attorney General race last November and said third-party promotions should have no place in judicial elections.

The Wisconsin Democracy Campaign has predicted the candidates could spend in excess of $1 million each.

Clifford stated her support for public financing, but called the current laws “antiquated.”

“There is a need to revamp campaign finance laws so we don’t need to rely on organizations and ourselves,” said Clifford. “It really detracts from the time candidates have to focus on issues.”

Both candidates had proposed campaign pledges designed to denounce outside interest groups’ involvement. Each encouraged the other to sign their version at the forum, but neither put pen to paper during the forum.