An Appealing Race

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The 2008 race for the Wisconsin Court of Appeals seat in District II will have at least two candidates, but a third has declined to pursue the position.

Attorney William J. Domina filed a statement of candidacy just days prior to Gov. Jim Doyle’s appointment of Lisa S. Neubauer as successor to Judge Neal P. Nettesheim on Dec. 4.

Nettesheim will retire at the end of the year after almost 25 years on the bench.

Domina, who serves as Milwaukee County Corporation Counsel, was a finalist for the appointment and filed papers with the State Elections Board with the hope that he might be chosen by Doyle.

“I filed in anticipation that the governor might think I was the best choice, but if I wasn’t selected, I had no intention of running against an incumbent,” said Domina, who added that he intends to support Neubauer for the seat.

Domina’s pending withdrawal leaves attorney William C. Gleisner as the lone opponent for Neubauer, although candidates have until Jan. 2, 2008 to file nomination papers.

District II encompasses Kenosha, Racine, Walworth, Waukesha, Washington, Ozaukee, Fond du Lac, Sheboygan, Green Lake, Manitowoc, Calumet and Winnebago counties.

William C. Gleisner

Gleisner, 61, was also a finalist for the District II appointment and applied in part, because of the advice of Doyle.

“I had interviewed with him for Judge Michael Sullivan’s open seat in Milwaukee County and the governor had told me I’d be better suited for the Court of Appeals and to come back when there was an opening,” said Gleisner.

Though his appointment to the appellate court did not materialize, Gleisner sees his experience arguing in front of it as a major asset to his campaign.

He has worked “hundreds” of cases in front of the court of appeals and since 2000 has served as chairperson of the Amicus Curiae Committee of the Wisconsin Academy of Trial Lawyers, now the Wisconsin Association for Justice (WAJ).

He is especially interested in advancing the appellate court’s knowledge of electronic evidence.

“E-evidence is an absolute concern of mine and I think our judiciary needs to have a stronger perspective with regards to e-evidence procedures and rules,” said Gleisner.

Despite operating his practice out of Shorewood, Gleisner is a native of Sussex and currently resides in Hartland.

“It’s an area I’m very familiar with and Waukesha could be considered the hub of the district,” said Gleisner, who noted several endorsements including Waukesha County Executive Daniel P. Vrakas.

Regardless of political support, Gleisner plans to abide by the campaign recommendations recently released by the State Bar’s Wisconsin Judicial Campaign Integrity Committee.

The committee drafted a campaign agreement which calls for judicial candidates to disavow third-party advertisements and strictly adhere to the Code of Judicial Conduct.

“I view trial court and appellate court judges as having to fulfill a role similar to an umpire and partisan issues have no part to play in that,” said Gleisner. “Anyone paying attention knows the Ziegler and Clifford campaigns got nasty and expensive and I don’t think that’s a healthy development.”

Lisa S. Neubauer

Though Neubauer, 50, had never run or applied for a judicial post prior to her appointment, she has helped with the federal judicial selection process.

In 2005 and 2006, she worked on a bipartisan task force appointed by Sen. Herb Kohl to advise on the nominations of John G. Roberts and Samuel Alito to the U.S. Supreme Court.

This year, Neubauer was appointed to the Wisconsin Federal Nominating Committee to make recommendations to Sen. Kohl and Sen. Russ Feingold on the pending open seat in the U.S. District Court for the Eastern District of Wisconsin. She also served on the Federal Nominating Committee for two other District Court positions and for a vacancy on the U.S. Court of Appeals for the Seventh Circuit.

Beginning in January 2008, Neubauer will finally realize the impact of her own appointment.

“I have now reached a point in my professional and personal life, where I would like to serve the public full time,” said Neubauer. “I have been a civil litigator at Foley & Lardner for 19 years, and my youngest child is now in seventh grade.”

When the primary election commences on Feb. 19, Neubauer will have less than two months experience on the bench, but she expects it will have a positive influence on voters.

“If anyone asks the hypothetical question as to whether I can do the job, the answer will be simple, I am doing the job,” said Neubauer.

She also said her selection by Doyle over fellow finalists Domina and Gleisner speaks to the question of who was the most qualified and best suited for the position.

“The governor focuses very closely on these appointments and he takes them very seriously,” said Neubauer. “He reads the applications and carefully weighs these decisions, so I was honored to be his choice.”

Neubauer also expressed her support for the work of the State Bar’s judicial integrity committee and said she would happily sign its campaign pledge.