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David Prosser Jr.

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This article is about the American judge. For other uses, see David Prosser.

David Prosser Jr.
Portrait, 2009
Justice of the Wisconsin Supreme Court
In office
September 10, 1998 – July 31, 2016
Appointed byTommy Thompson
Preceded byJanine Geske
Succeeded byDaniel Kelly
Commissioner of the Wisconsin Tax Appeals Commission
In office
January 1997 – September 1998
Appointed byTommy Thompson
Preceded byJoe Mettner
Succeeded byThomas Boykoff
72nd Speaker of the Wisconsin State Assembly
In office
January 3, 1995 – January 3, 1997
Preceded byWalter Kunicki
Succeeded byBen Brancel
Minority Leader of the Wisconsin State Assembly
In office
January 3, 1989 – January 3, 1995
Preceded byBetty Jo Nelsen
Succeeded byWalter Kunicki
Member of the Wisconsin State Assembly
In office
January 7, 1985 – January 3, 1997
Preceded byHeron Van Gorden
Succeeded bySteve Wieckert
Constituency57th district
In office
January 3, 1983 – January 7, 1985
Preceded byTommy Thompson
Succeeded byJoe Wineke
Constituency79th district
In office
January 3, 1979 – January 3, 1983
Preceded byTobias A. Roth
Succeeded byHarvey Stower
Constituency42nd district
District Attorney of Outagamie County, Wisconsin
In office
January 1, 1977 – January 1, 1979
Preceded byKenneth F. Rottier
Succeeded byWilliam Drengler
Personal details
Born(1942-12-24)December 24, 1942
Chicago, Illinois, U.S.
DiedDecember 1, 2024(2024-12-01) (aged 81)
Appleton, Wisconsin, U.S.
Political partyRepublican
Alma mater
ProfessionLawyer
Prosser in March 2011

David Thomas Prosser Jr.[1] (December 24, 1942 – December 1, 2024) was an American lawyer, jurist, and Republican politician from Appleton, Wisconsin. He was a justice of the Wisconsin Supreme Court from 1998 until his retirement in 2016. Prior to joining the court, he served as the 72nd speaker of the Wisconsin State Assembly, during the 1995–1996 term, after serving in the Assembly since 1979. Prior to becoming speaker, he led the Republican Assembly caucus for three terms as minority leader.

Earlier in his career, he worked as a congressional aide to U.S. Representative Harold V. Froehlich (R–WI), and served two years as district attorney of Outagamie County, Wisconsin, before his election to the Assembly.

After an unsuccessful bid for the U.S. House in 1996, Prosser was appointed by Wisconsin Governor Tommy Thompson to a vacant seat on the state tax appeals board, then in 1998 to a vacant seat on Wisconsin Supreme Court. He was elected to his first 10-year term without opposition in 2001. His re-election in 2011 came at a time of intense partisan attention on the Court, following the election of Republican Governor Scott Walker and litigation around his signature law, 2011 Wisconsin Act 10. Prosser narrowly won re-election in that race over Wisconsin assistant attorney general JoAnne Kloppenburg.

Prosser received national media attention in 2010 following verbal altercations with Chief Justice Shirley Abrahamson, and also in June 2011 when allegations were made of a physical altercation between Prosser and fellow justice Ann Walsh Bradley that occurred during court deliberations over 2011 Wisconsin Act 10.[2] A special prosecutor investigated but declined to press criminal charges.[3] An ethics action against Prosser was recommended by the Wisconsin Judicial Commission,[4] however, after three other justices recused themselves from the matter, no further action was taken.[5]

Prosser retired from the court in 2016, but returned to state affairs near the end of his life in the fall of 2023, when he was one of three former justices asked to advise Wisconsin Assembly speaker Robin Vos on the question of whether to impeach the then-newest justice, Janet Protasiewicz.[6] Prosser publicly advised Vos to avoid impeachment, saying, "Impeachment is so serious, severe, and rare that it should not be considered unless the subject has committed a crime, or the subject has committed indisputable 'corrupt conduct' while 'in office.'"

Early life and education

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Prosser was born in Chicago, Illinois, to David T. Prosser Sr. and his wife Elizabeth (Patterson) Prosser,[7] and was raised in Appleton, Wisconsin. After graduating from Appleton High School, he attended DePauw University, receiving his B.A. in 1965.[8] He went on to law school at the University of Wisconsin and received his J.D. in 1968.[8]

Career

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Early career

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Prosser lectured at Indiana University-Indianapolis Law School from 1968 to 1969, before working from 1969 to 1972 in Washington, D.C., as an attorney advisor in the Office of Criminal Justice, U.S. Department of Justice.[9][10] He ran unsuccessfully for a seat in the Wisconsin State Assembly in 1972, then served as an administrative assistant to U.S. Representative Harold Vernon Froehlich. Froehlich was a Republican and a former speaker of the Wisconsin State Assembly, serving his first term in the U.S. House of Representatives. As a member of the House Judiciary Committee during the Watergate impeachment hearings, in the 1973–1974 term, he was one of the few Republicans who voted in favor of impeaching Richard Nixon. Froehlich lost re-election in the Democratic wave of 1974.[8][10] Prosser returned to Wisconsin and, after two years in private practice as a self-employed lawyer, he was elected Outagamie County district attorney in the 1976 election, serving from 1977 to 1978.[8][11]

Wisconsin legislature

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Prosser represented the Appleton area in the Wisconsin State Assembly as a Republican from 1979 through 1996.[10] His committee assignments included Criminal Justice and Public Safety and Judiciary.[8] During his tenure in the Assembly, he served six years as Minority leader and two years as Speaker.[10]

In 1981, he opposed removing criminal penalties on sexual activity and cohabitation between unmarried, consulting adults,[12] though he did express a willingness to repeal the jail terms.[13] He stated that legalizing sex outside of marriage would increase divorce rates, the number of children born outside of wedlock, welfare payments, sexually transmitted diseases, and abortions.[13] In 1995, while he was Assembly Speaker, Prosser led the push for the new baseball stadium for the Milwaukee Brewers, saying that Wisconsin had a choice of being either a "big league or bush league" state.[14]

Campaign for U.S. Congress

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In 1996 he ran for the 8th congressional district seat in the U.S. Congress vacated by retiring U.S. Representative Toby Roth.[15] Prosser won what the Milwaukee Journal Sentinel described as a "bitter and high-spending" primary, but was defeated in the general election by Democrat Jay W. Johnson.[15] One month later, Governor Thompson appointed Prosser to the Wisconsin Tax Appeals Commission where he conducted hearings and ruled on disputes related to state taxation.[10][15]

Wisconsin Supreme Court

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In September 1998, Thompson appointed Prosser to a vacant seat on the Wisconsin Supreme Court, hailing him as a conservative.[16] In an unusual move, a bipartisan group of 77 of the 132 state legislators sent a letter to Thompson supporting the appointment, describing Prosser as, "learned, thoughtful, and fiercely defensive of our system of law".[17]

In 2011, the Milwaukee Journal Sentinel said Prosser is a "reliable judicial conservative, but he's also independent",[18] citing an August 2010 Wisconsin Law Journal analysis which concluded "Prosser voted with no justice more than 85% of the time, though he generally combined with three other conservative justices (Michael Gableman, Patience Roggensack, and Annette Ziegler), to form a 4-3 majority on the court.[19] The New York Times said some observers believe that Prosser is a member of a conservative 4-3 bloc on the court.[20]

In October 2010, Prosser indicated that he supported limiting free online access to Wisconsin trial court records because the information can be misused by employers and landlords, saying, "Some people are actually innocent, and they shouldn't be disadvantaged forever" by the online records.[21] Opponents of the change argued that restricting free online access may result in private vendors selling the information, and may conflict with Wisconsin's open records law.[21]

Following the decision in Donohoo v. Action Wisconsin Inc., Prosser voted to amend the state's judicial code of conduct to allow judges to decide cases involving their campaign contributors,[22] saying there are various levels of support and a campaign contribution or endorsement "in and of itself does not create so close or special relationship so as to require automatic recusal."[23] He has also said his policy is not to recuse himself from cases involving lawmakers he has served with in the past unless the case is actually about the lawmakers.[24]

Prosser retired from the Wisconsin Supreme Court on July 31, 2016.[25]

Other professional activities

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Prosser served as a member of the Wisconsin Council of Criminal Justice (1980–1983), the Judicial Council Commission on Preliminary Examinations (1981), the Wisconsin Sentencing Commission (1984–1988, 1994–1995), the Wisconsin Sesquicentennial Commission (1993–1999), and the National Conference of Commissioners on Uniform State Laws (1983–1996).[10][26]

Controversies

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Decision not to prosecute abuse case

[edit]

In 1978, while serving as District Attorney of Outagamie County, Prosser declined to prosecute a Catholic priest accused of sexual abuse by two brothers (ages 12 and 14), who said the priest had touched their chests and unsuccessfully attempted to touch lower.[27] Prosser later explained he did not file charges because the case was weak; it involved relatively new sexual assault laws that were untested at the time, and he did not think he could win a jury trial.[28][29] He said he had assumed the priest, John Patrick Feeney, would be reassigned as a result of his discussion with Feeney's bishop.[30] The priest was not removed from duties which allowed him contact with children, and he went on to abuse other children before being sent to prison on a 15-year sentence in 2004.[27][31] The prosecutor who ultimately and successfully prosecuted the case in the early 2000s said that when Prosser had the case in the 1970s, he was lacking sufficient information: "We were able to gather a wealth of information that far exceeded what Prosser had," he said, adding, "It's not fair to second-guess him now."[31] When interviewed in 2011 one of the victims said that in 1978 he and his brother had not communicated detailed information about the abuse to the authorities, and that when the case came to trial in 2002, Prosser helped in the prosecution.[28][32]

During Prosser's 2011 run for re-election to the Wisconsin Supreme Court, the incident was revived in a political ad by a pro-union organization[33] which claimed that Prosser did not investigate the abuse allegations and participated in a coverup.[34] The ad was ultimately rated "Mostly False" by the fact-checking website, PolitiFact.com, which concluded that the ad omitted critical facts and created false impressions.[34] One of the abuse victims, who had been critical of Prosser's decision not to prosecute, criticized the ad as "offensive, inaccurate and out of context."[35] Prosser asked his opponent, Kloppenburg, to call for the removal of the ad—she replied that the First Amendment gave the group the right to run such ads.[36]

2002 legislative caucus scandal

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Prosser in February 2009

In 2006, Prosser testified on behalf of Wisconsin state representative Scott Jensen who was being tried on three felony counts of misconduct in office because his legislative staffers also performed campaign activity on his behalf. Prosser stated that during seven years of his own tenure in the Wisconsin Assembly, he had used his taxpayer-funded staff for campaigning—the same crime Jensen was eventually convicted of.[37][38] Prosser was not charged, and defended the actions saying, "it was a different era and public expectations were quite different". However critics described this as illegal activity, and the Appleton Post Crescent, Prosser's hometown paper, found Prosser's admissions sufficient reason to endorse Prosser's opponent in the 2011 election, saying Prosser fell short of having the "unimpeachable integrity" required of a high court judge because he had admittedly "condoned illegal activity" while serving as an elected official.[39]

Altercations with other justices

[edit]

During a closed-door debate between the justices on February 10, 2010, Prosser called Chief Justice Shirley Abrahamson "a total bitch" and threatened to "destroy her".[40] A review of emails by the Milwaukee Journal Sentinel indicated that "justices on both sides described the court as dysfunctional, and Prosser and others suggested bringing in a third party for help".[40] The 2010 conflict on the court was also criticized as having a potential for lowering court productivity and distracting the focus of the justices.[41] Prosser admitted he overreacted, but justified his statements, saying he had been goaded, bullied and abused by two other justices for a long time,[40] and that the fights were caused by liberal members of the court "ganging up" on him and attempting to create a "foul atmosphere".[42] He also said the March 2011 revelations of the year-old altercation were an attempt to hurt his bid for re-election.[40][42] When interviewed in March 2011, Justice Ann Walsh Bradley acknowledged Prosser had had outbursts over the years, but said there had not been one of significant magnitude since February 2010. She also commented that, "he is a good man - but you cannot accurately say he has a steady, even temperament."[40]

Conflicting media reports on June 25, 2011 indicated that Prosser had gotten into an altercation with Bradley on June 13, 2011 in her office, which allegedly became physical.[43][44][45][46][47] The dispute occurred during a discussion in Bradley's office with four other Justices present, before the court issued its June 13, 2011 split decision to uphold the law limiting collective bargaining rights for most Wisconsin state public employees.[44] In one report, witnesses alleged that after Bradley told Prosser to leave her office, Prosser grabbed Bradley around the neck in what was described as a chokehold. Prosser claimed that Bradley charged Prosser with her fist raised, and that in attempting to block her, he made contact with her neck. Capitol Police Chief Charles Tubbs was notified of the incident, and met with the entire Supreme Court. Investigations into the matter were opened by the Wisconsin Judicial Commission and the Dane County Sheriff's office.[48] After initially saying he would refrain from comment until a proper investigation was completed,[49] Prosser denied he choked Bradley saying, "claims made to the media will be proven false." Bradley then made a public statement saying that Prosser, "put his hands around my neck in anger in a chokehold", as she was asking him to leave her office.[43][44][45][46][47]

The Dane County Sheriff's office gave its findings to county District Attorney Ismael Ozanne, who referred the matter to special prosecutor Patricia Barrett; Barrett ultimately ruled in late August 2011 that the circumstances and evidence reviewed did not support the filing of criminal charges.[3] On March 16, 2012, the Wisconsin Judicial Commission filed an ethics complaint against Prosser, "recommending that the court discipline him for alleged misconduct",[4][50] however, three conservative members of the court recused themselves from the matter, with the result that no quorum existed, and no decision could be made.[5]

Failure to recuse during "John Doe" probe of Scott Walker

[edit]

Leaked files obtained by the Guardian revealed that a network of dark money groups spent $3.5 million to pay for TV and radio ads backing the judge during his 2011 campaign.[51][52] According to these leaked emails "The push was seen as vital, the documents disclose, as a means of retaining the rightwing majority of the court and thereby preserving the anti-union measures introduced by Walker. 'If we lose [Justice Prosser], the Walker agenda is toast,' one ally writes in an email sent around to the governor’s chief of staff and several conservative lobbyists."[52] In 2015, a John Doe probe into Scott Walker's funding sources during the 2012 recall campaign against him involved the same set groups that funded Prosser's 2011 campaign.[52] Despite the obvious possible conflicts of interest, Prosser refused to recuse himself, ultimately casting the deciding vote to terminate the probe.[52] Prosser told the Guardian that four years had passed since his re-election before he joined the decision to close the John Doe investigation, over which time any potential conflict of interest had faded.[52]

Advising Republican leadership regarding impeachment

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In fall 2023, Prosser was included in a special panel to advise Wisconsin Assembly speaker Robin Vos on the question of impeaching the newest Wisconsin Supreme Court justice, Janet Protasiewicz. This followed several weeks of acrimony as Vos threatened impeachment to prevent the justice from participating in pending redistricting cases. Prosser's opinion on the matter became known through an October 6 letter to the speaker, which read:[53][54]

Section 1 of Article VII states that before the trial of impeachment, "the members of the court [Senate] shall take an oath or affirmation truly and impartially to try impeachment according to evidence." In my view, there is no assurance that two-thirds of the present "court" would be convinced that they are bound "impartially" by the "evidence" to vote for impeachment. Once again, the "evidence" has to persuade members of the court... and a large percentage of the public... that impeachment is legitimate. Impeachment that appears to be solely partisan will likely backfire.

Even if a Supreme Court Justice were impeached and convicted, the governor would promptly name a successor who might be more problematic.

The Constitution also provides that "no judicial officer shall exercise his [or her] office, after he [or she] shall be impeached, until his [or her] acquittal." To impeach a justice solely to delay a case or cases will be viewed as unreasonable partisan politics.

To sum up my views, there should be no effort to impeach Justice Protasiewicz on anything we know now. Impeachment is so serious, severe, and rare that it should not be considered unless the subject has committed a crime, or the subject has committed indisputable "corrupt conduct" while "in office."

2011 re-election campaign

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Main article: 2011 Wisconsin Supreme Court election

Prosser faced JoAnne Kloppenburg, a long-time but little-known Wisconsin assistant attorney general, in both the February 5, 2011, spring primary, and the April 5 run-off election.

Primary election

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In December 2010, Prosser's campaign director expressed strong support for governor-elect Walker, saying Prosser's "personal ideology more closely mirrors" Walker's, and that a win by Prosser would result in, "protecting the conservative judicial majority and acting as a common sense complement to both the new administration and Legislature."[55] He later disavowed the statements and claimed he had not seen the release.[56] Prosser's campaign manager also said that, "This election is about a 4-3 commonsense conservative majority vs. a 3-4 liberal majority, and nothing more."[57][58]

In a survey of attorneys conducted by the Milwaukee Bar Association that was published February 2011, Prosser received more votes saying he was "qualified" than any of his opponents; besting Kloppenburg by a margin of 296 to 112.[59] He was endorsed in the Milwaukee Journal Sentinel, and the Sun Prairie Star.[60] He won the primary handily, receiving 231,000 votes to second-place finisher Kloppenburg's 105,000 votes; a 30% margin.

General election

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In the general election of April 5, 2011, Prosser again faced Kloppenburg. The contest received considerable attention due to the 2011 Wisconsin protests of Walker's budget repair bill and limitations on public employee bargaining rights; issues which would likely soon come before the Wisconsin Supreme Court. Kloppenburg supporters attempted to tie Prosser to the policies of Republican governor Scott Walker, and his March 2011 law limiting most of Wisconsin's public employees' collective bargaining rights. The non-partisan race for the court seat was also characterized as a proxy battle or referendum on the administration of Governor Walker and other Republican officials.[20][61][62] Both candidates stated their unhappiness regarding the increased partisan aspect of the race,[63][64] with Prosser claiming that if he was defeated, it would mean the end of judicial independence.[65]

On March 31, Prosser's campaign co-chair, former Democratic governor Patrick Lucey, resigned from the campaign and endorsed Kloppenburg, saying it appeared that Prosser had lost his impartiality, and was showing "a disturbing distemper and lack of civility that does not bode well for the High Court".[66]

The Wausau Daily Herald reversed its primary election endorsement, and urged its readers to vote against Prosser in the general, describing him as "an intemperate figure given to partisan rhetoric".[67] Citing the earlier statement of Prosser's campaign director that the election is about maintaining a conservative majority on the court, The Capital Times endorsed Kloppenburg.[68] Prosser was endorsed by the Sun Prairie Star, The Milwaukee Journal-Sentinel, and former Alaska governor Sarah Palin (via Twitter), among others for the general election.[69]

State officials predicted a voter turnout of around 20 percent, a typical level of turnout for an April election.[70] However, voter interest and turnout were unusually high with nearly 1.5 million votes cast.[71]

Result

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The day after the election, Kloppenburg was thought to be ahead by a razor-thin margin of 204-votes, leading her to prematurely declare victory.[72][73] Late in the afternoon of April 7, Waukesha County Clerk Kathy Nickolaus announced that the preliminary vote totals she had given to the Associated Press on April 6 did not include 14,315 votes from Brookfield, her county's second largest city and one of the most Republican. The announcement changed the unofficial total, giving Prosser a lead of over 7,000 votes which likely would not be changed by a recount.[74] Other, much smaller errors in the preliminary count were found in other counties favoring both candidates.[75] A final vote canvass of all the counties in Wisconsin gave Prosser an official lead of 7,316 votes on April 15.[76] Kloppenburg did request a recount at taxpayer expense (costing as much as $500,000)[77] and Prosser was eventually declared the winner by 7,006 votes.[78]

New York Times analyst Nate Silver declared on April 8 that Nickolaus' error pointed to incompetence, not conspiracy.[79] However, Democrats called on Nickolaus to resign, citing her previous employment under Prosser in the mid-1990s as a member of the assembly caucus[76] and questions about her procedures and counts in prior elections.[80] State election officials announced an investigation of possible voting irregularities going back to 2006.[81]

Death

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Prosser died of cancer at Rennes Health Care Center in Appleton, on December 1, 2024.[82][83][84]

Electoral history

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Wisconsin Assembly, 42nd district (1972)

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Year Election Date Elected Defeated Total Plurality
1972 Primary[85] Sep. 12 Tobias A. Roth Republican 2,648 37.10% David T. Prosser Jr. Rep. 3,256 39.38% 8,268 1,127
Norman Austin Rep. 402 4.86%
Neal W. Wellman Rep. 227 2.75%

Wisconsin Assembly, 42nd district (1978–1980)

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Year Election Date Elected Defeated Total Plurality
1978 Primary[86] Sep. 12 David T. Prosser Jr. Republican 3,822 69.40% Arnold E. Grummer Rep. 1,685 30.60% 5,507 2,137
General[86] Nov. 7 David T. Prosser Jr. Republican 9,991 66.10% James F. Schreiter Dem. 5,124 33.90% 15,115 4,867
1980 General[87] Nov. 4 David T. Prosser Jr. (inc) Republican 13,881 100.0% --unopposed-- 13,881

Wisconsin Assembly, 79th district (1982)

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Year Election Date Elected Defeated Total Plurality
1982 General[88] Nov. 2 David T. Prosser Jr. Republican 10,855 67.89% David N. Innis Dem. 5,135 32.11% 15,990 5,720

Wisconsin Assembly, 57th district (1984–1994)

[edit]
Year Election Date Elected Defeated Total Plurality
1984 General[89] Nov. 6 David T. Prosser Jr. Republican 16,728 100.0% --unopposed-- 16,728
1986 General[90] Nov. 4 David T. Prosser Jr. (inc) Republican 12,001 73.66% Kathleen P. Hartman Dem. 4,291 26.34% 16,292 7,710
1988 General[91] Nov. 8 David T. Prosser Jr. (inc) Republican 16,280 72.82% Kathleen P. Hartman Dem. 6,077 27.18% 22,357 10,203
1990 General[92] Nov. 6 David T. Prosser Jr. (inc) Republican 11,342 68.80% Michael Meyer Dem. 5,144 31.20% 16,486 6,198
1992 General[93] Nov. 3 David T. Prosser Jr. (inc) Republican 16,392 67.79% Michael Meyer Dem. 7,790 32.21% 24,182 8,602
1994 General[94] Nov. 8 David T. Prosser Jr. (inc) Republican 12,277 100.0% --unopposed-- 12,277

U.S. House (1996)

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Wisconsin's 8th Congressional District Election, 1996[95]
Party Candidate Votes % ±%
Republican Primary, September 10, 1996
Republican David Prosser 29,679 57.62%
Republican Chuck Dettman 21,832 42.38%
Plurality 7,847 15.23%
Total votes 51,511 100.0%
General Election, November 5, 1996
Democratic Jay W. Johnson 129,551 52.04% +15.78pp
Republican David Prosser 119,398 47.96% −15.74pp
Scattering 208 0.08%
Plurality 10,153 4.07% -23.37pp
Total votes 249,157 100.0% +38.84%
Democratic gain from Republican

Wisconsin Supreme Court (2001, 2011)

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Wisconsin Supreme Court Election, 2001[96]
Party Candidate Votes % ±%
General Election, April 3, 2001
Nonpartisan David T. Prosser Jr. (incumbent) 549,860 99.53%
Scattering 2,569 0.47%
Total votes 552,429 100.0% -32.45%
Wisconsin Supreme Court Election, 2011
Party Candidate Votes % ±%
Nonpartisan Primary, February 15, 2011[97]
Nonpartisan David T. Prosser Jr. (incumbent) 231,017 54.99%
Nonpartisan JoAnne Kloppenburg 105,002 24.99%
Nonpartisan Marla Stephens 45,256 10.77%
Nonpartisan Joel Winnig 37,831 9.01%
Scattering 1,004 0.24%
Total votes 420,110 100.0%
General Election, April 5, 2011[98]
Nonpartisan David T. Prosser Jr. (incumbent) 752,323 50.19%
Nonpartisan JoAnne Kloppenburg 745,007 49.70%
Scattering 1,550 0.10%
Plurality 7,316 0.49%
Total votes 1,498,880 100.0% +88.81%
General Election Recount, May 20, 2011[99]
Nonpartisan David T. Prosser Jr. (incumbent) 752,694 50.18%
Nonpartisan JoAnne Kloppenburg 745,690 49.71%
Scattering 1,729 0.12%
Plurality 7,004 0.47%
Total votes 1,500,113 100.0% +88.96%

References

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  1. ^ Who's Who in American Law, 2002-2003. Marquis Who's Who. 2002. p. 515.
  2. ^ Lueders, Bill (June 25, 2011). "Supreme Court spat got physical". Wisconsin Watch. Retrieved February 23, 2023.
  3. ^ a b Jason Stein & Larry Sandler (August 25, 2011). "Special prosecutor: No charges for Prosser, Bradley in fracas". Milwaukee Journal Sentinel. Retrieved November 21, 2013. Sauk County District Attorney Patricia Barrett steered clear of specifics about her reasons not to issue charges 'The totality of the facts and the circumstances and all of the evidence that I reviewed did not support my filing criminal charges,' Barrett said
  4. ^ a b Dee J. Hall (March 16, 2012). "Judicial Commission recommends discipline for Prosser". Wisconsin State Journal. Retrieved September 6, 2012.
  5. ^ a b Bruce Vielmetti (August 10, 2012). "Gableman joins recusals in Prosser discipline case". Milwaukee Journal Sentinel. Retrieved September 7, 2012.
  6. ^ "Impeachment review panel includes David Prosser, a conservative former justice who was a Republican Assembly speaker". PBS Wisconsin. September 15, 2023. Retrieved September 19, 2023.
  7. ^ Staff reporter (January 4, 1943). "Anne Boswell Is Engaged to Jack Monroe". The Chicago Tribune.
  8. ^ a b c d e "1979-1980 blue book: Biographies and pictures". The State of Wisconsin. 1980. Retrieved April 11, 2011.
  9. ^ "Prosser, Jr., David T. 1942". Dictionary of Wisconsin History. Wisconsin Historical Society. Retrieved April 16, 2011.
  10. ^ a b c d e f "Supreme Court Justices - David T. Prosser Jr". Wisconsin Court System. Archived from the original on March 28, 2011.
  11. ^ AP staff reporter (September 10, 1998). "Prosser joins Supreme Court Geske replacement: Justice begins hearing arguments after hearing ceremony". The Telegraph Herald. Dubuque, Iowa. Associated Press. Retrieved April 16, 2011.
  12. ^ UPI staff reporter (May 6, 1981). "Sexual activity bill gets reprieve". The Telegraph-Herald. Dubuque, Iowa. UPI. Retrieved April 2, 2011.
  13. ^ "A home run for state, Milwaukee". Milwaukee Journal Sentinel. September 25, 1995. Retrieved April 4, 2011.
  14. ^ a b c Amy Rinard (December 10, 1996). "Thompson Appoints Prosser To Tax Appeals Commission". Milwaukee Journal-Sentinel. Retrieved April 2, 2011.
  15. ^ Richard P. Jones (September 5, 1998). "Prosser named to Supreme Court - Thompson selection comes days before justices will begin new term" (Pay per view). Milwaukee Journal Sentinel.
  16. ^ Walters, Steven (May 15, 1998). "Lawmakers back Prosser for high court". Milwaukee Journal Sentinel. Retrieved April 16, 2011.
  17. ^ Journal Sentinel editorial board (April 2, 2011). "Prosser a vote for independence" (opinion). Milwaukee Journal Sentinel. Retrieved April 2, 2011.
  18. ^ Ziemer, David (August 9, 2010). "Ziegler in majority most often". Wisconsin Law Journal. Retrieved April 3, 2011.
  19. ^ a b Monica Davey (April 5, 2011). "Wisconsin Election Turns Into Referendum on Governor". The New York Times.
  20. ^ a b Patrick Marley (October 4, 2010). "Online court records misused? State justice Prosser in favor of limiting access to prevent discrimination". Milwaukee Journal-Sentinel. Retrieved April 2, 2011.
  21. ^ Alex De Grand (January 22, 2010). "Wisconsin Supreme Court adopts amended recusal rules". State Bar of Wisconsin. Archived from the original on March 12, 2012.
  22. ^ "Denial of Motion to Vacate Decision Related to the Disqualification of Justice" (PDF). James R. Donohoo v. Action Wisconsin, Inc and Christopher Ott Case No 2006AP396. Supreme Court of Wisconsin. July 30, 2008.
  23. ^ AP staff reporter (March 25, 2011). "Prosser says he won't recuse himself in union rights case". Wisconsin Law Journal. The Associated Press. Retrieved April 2, 2011.
  24. ^ "Justice David T. Prosser, Jr. to retire from Supreme Court July 31", Wisconsin Court System, April 27, 2016
  25. ^ "Supreme Court Justices, Biographies, pgs. 1-16" (PDF). 2003-2004 Wisconsin Blue Book. Archived from the original (PDF) on May 29, 2010. Retrieved April 2, 2011.
  26. ^ a b Milwaukee Journal-Sentinel staff reporter (May 19, 2008). "Justice denies wrongdoing in abuse case - Prosser says he urged removal of priest". Milwaukee Journal-Sentinel. Archived from the original on January 14, 2012. Retrieved April 2, 2011.
  27. ^ a b "Priest Sex Abuse Case Resurrected In Political Ad". WISN Milwaukee. March 24, 2011. Archived from the original on March 20, 2012. Retrieved April 2, 2011.
  28. ^ AP staff reporter (May 18, 2008). "David Prosser Speaks About Priest Abuse". WJFW TV-12, WJFWDT 12.1 and Newswatch 12. The Associated Press. Retrieved April 2, 2011.
  29. ^ AP staff reporter (May 23, 2008). "Prosser Defends '78 Meeting". Madison.com. The Associated Press. Retrieved April 2, 2011.
  30. ^ Sharif Durhams & Don Walker (March 25, 2011). "Abuse victim criticizes ad against Prosser - 3 years ago, man was critical of decision not to prosecute". Milwaukee Journal-Sentinel. Retrieved April 2, 2011.
  31. ^ "Greater Wisconsin Committee - Candidate supported: JoAnne Kloppenburg". March 25, 2011. Retrieved April 2, 2011.
  32. ^ a b "Greater Wisconsin Committee says Supreme Court Justice David Prosser mishandled allegation of sex abuse by priest". Politifact Wisconsin. March 29, 2011. Retrieved April 2, 2011. Barely true
  33. ^ Sharif Durhams & Don Walker (March 25, 2011). "Abuse victim criticizes ad against Prosser:3 years ago, man was critical of decision not to prosecute". Milwaukee Journal Sentinel. Retrieved July 1, 2011.
  34. ^ Patrick Marley (March 25, 2011). "In Madison debate, Prosser calls Kloppenburg an 'ideologue' - She fires back at justice's role in Supreme Court's divisiveness". Milwaukee Journal-Sentinel. Retrieved April 2, 2011.
  35. ^ "Jensen's Former Employees Defend Old Boss - Lawmaker Embroiled In Misconduct Trial". Channel3000.com. March 7, 2006. Archived from the original on March 21, 2012. Retrieved April 2, 2011.
  36. ^ "Judge Refuses To Toss Charges Against Jensen, Aide". Channel3000.com. February 3, 2006. Archived from the original on March 21, 2012. Retrieved April 2, 2011.
  37. ^ "Editorial: Supreme Court: One issue doesn't add up". Appleton Post Crescent. March 26, 2011. Retrieved April 2, 2011.[permanent dead link‍]
  38. ^ a b c d e Patrick Marley (March 19, 2011). "Supreme Court tensions boil over - Prosser says he was goaded into insulting chief justice". Milwaukee Journal Sentinel. Retrieved April 2, 2011.
  39. ^ Jack Zemlicka (March 25, 2011). "High court conflict threatens credibility". Wisconsin Law Journal. Retrieved April 2, 2011.
  40. ^ a b "Wisconsin justice says he doesn't start fights on court". Superior Telegram. March 22, 2011. Retrieved April 2, 2011. Wisconsin Supreme Court Justice David Prosser said Tuesday that liberal-leaning justices have orchestrated the bitter infighting that has consumed the court to hurt his chances at re-election.
  41. ^ a b "Bradley says Prosser choked her". Milwaukee Journal Sentinel. June 25, 2011.
  42. ^ a b c Crocker Stephenson; Cary Spivak & Patrick Marley. "Justices' feud gets physical: Prosser, Bradley clashed on eve of union ruling". Milwaukee Journal Sentinel.
  43. ^ a b Crocker Stephenson (June 25, 2011). "Prosser: Reports false that he placed hands on neck of other justice". Milwaukee Journal Sentinel.
  44. ^ a b John Hart (June 26, 2011). "Wis. justice accuses colleague of choking her". USAToday. Associated Press.
  45. ^ a b "Wis. justice accuses colleague of choking her". NBC News. Associated Press.
  46. ^ Two probes opened into Bradley claim. JSOnline, June 27, 2011
  47. ^ Monica Davey (June 25, 2011). "Wisconsin Judge Said to Have Attacked Colleague". The New York Times.
  48. ^ Ethics violations filed against Prosser
  49. ^ Journal, Matthew DeFour | Wisconsin State (September 15, 2016). "Leaked John Doe documents paint fuller picture of case against Scott Walker campaign". madison.com. Retrieved October 25, 2020.
  50. ^ a b c d e Pilkington, Ed (September 14, 2016). "Leaked documents reveal secretive influence of corporate cash on politics". The Guardian. ISSN 0261-3077. Retrieved October 25, 2020.
  51. ^ Beck, Molly (October 10, 2023). "Robin Vos now silent on impeachment after former justice David Prosser tells him not to pursue". Milwaukee Journal Sentinel. Retrieved October 10, 2023.
  52. ^ "Former Wisconsin Supreme Court justice advises Republican leader against impeachment". October 11, 2023.
  53. ^ Patrick Marley (December 9, 2010). "First dust-up emerges in race for Supreme Court". Milwaukee Journal Sentinel. Retrieved April 2, 2011.
  54. ^ "Kloppenburg, Prosser Spar Over Impartiality". WTMJ4 (AP). March 22, 2011. Archived from the original on March 29, 2011. Retrieved March 30, 2011.
  55. ^ Abe Sauer (March 24, 2011). "Wisconsin's Nasty Spring Election: Impartiality with Its Sleeves Rolled". The Awl. Retrieved April 2, 2011.
  56. ^ "Kloppenburg says Wisconsin Supreme Court Justice Prosser "has prejudged matters that are likely to come before the court"". PolitiFact Wisconsin. Politifact.com. March 27, 2011. Retrieved April 2, 2011. Barely true
  57. ^ Sandler, Larry (February 10, 2011). "Prosser tops Milwaukee bar ratings for state high court". Milwaukee Journal Sentinel. Archived from the original on February 21, 2013. Retrieved April 4, 2011.
  58. ^ Wausau Daily Herald Editorial Board (February 7, 2011). "In The Primary Elections We endorse". Wausau Daily Herald. Retrieved April 2, 2011. [dead link‍];
    Sun Prairie Star Editorial Board (February 4, 2011). "Our View: We Endorse ... Prosser, Bruskewitz get our nods". Sun Prairie Star. Sun Prairie, WI. Retrieved April 2, 2011.
    Milwaukee Journal Sentinel Editorial Board (February 11, 2011). "We back Prosser - David Prosser is a hard-working, experienced justice. He is not the primary cause of the Supreme Court's squabbling". Milwaukee Journal Sentinel. Retrieved April 2, 2011.
  59. ^ Steven Elbow (March 23, 2011). "Enraged by Walker, activists put Kloppenburg's Supreme Court campaign on their shoulders". The Capital Times. Madison.com. Retrieved April 2, 2011.
  60. ^ AP staff reporter (March 28, 2011). "Supreme Court race all about union bargaining law". Beloit Daily News. The Associated Press. Retrieved April 2, 2011.
  61. ^ WTAQ staff (March 15, 2011). "Supreme Court Candidates Unhappy With Partisan Aspect in Race". WTAQ News Talk 97.5FM. Archived from the original on March 18, 2011. Retrieved April 2, 2011.
  62. ^ "State Supreme Court candidates face off in heated race". Green Bay Press Gazette. March 27, 2011. Archived from the original on January 3, 2013. Retrieved April 11, 2011.
  63. ^ JR Ross (March 28, 2011). "Prosser says his defeat would destroy judicial independence, Kloppenburg knocks him as partisan". WisPolitics. Archived from the original on July 19, 2011. Retrieved April 2, 2011.
  64. ^ "Former Gov. Lucey Leaves Prosser's Campaign, Endorses Kloppenburg". Channel3000.com. April 1, 2011. Archived from the original on April 4, 2011. Retrieved April 2, 2011.
  65. ^ Wausau Daily Herald Editorial board (March 24, 2011). "We endorse ... For state Supreme Court: JoAnne Kloppenburg". Wausau Daily Herald. Retrieved April 2, 2011.[permanent dead link‍]
  66. ^ Capitol Times editorial board (March 16, 2011). "Put independent Kloppenburg on court". Capitol Times. Madison, WI: Madison.com. Retrieved April 2, 2011.
  67. ^ Sun Prairie Editorial Board (March 24, 2011). "Our View: We endorse... Bruskewitz, Prosser among those receiving our April 5 election nods". Sun Prairie Star. Sun Prairie, WI. Retrieved April 2, 2011.[permanent dead link‍]
    "Prosser a vote for independence". Milwaukee Journal Sentinel. April 2, 2011. Retrieved April 2, 2011.
    "Palin endorses Prosser in Wis. Supreme Court race". Wisconsin Law Journal. April 1, 2001. Archived from the original on April 16, 2011. Retrieved 2011-04-02.
  68. ^ AP staff reporter (March 28, 2011). "20 percent turnout expected for Wis April election". Madison.com. The Associated Press. Retrieved August 8, 2012.
  69. ^ Todd Richmond (April 6, 2011). "Wis. court election too close to call amid anger over union rights law". Associated Press. Archived from the original on April 10, 2011.
  70. ^ "Unofficial Wis. results show court challenger leads by 204 votes". USA Today. April 6, 2011. Retrieved April 11, 2011.
  71. ^ "Kloppenburg declares victory". Milwaukee Journal Sentinel. April 6, 2011. Retrieved April 11, 2011.
  72. ^ Bill Glauber; Jason Stein & Sharif Durhams (April 9, 2011). "Prosser camp open to Waukesha County-only recount; Election officials scrutinizing voting results". Milwaukee Journal Sentinel. Retrieved November 21, 2013.
  73. ^ "Updated vote tallies for state Supreme Court". Milwaukee Journal Sentinel. April 15, 2011.
  74. ^ a b "Canvass shows conservative incumbent wins Wisconsin supreme court race". FOX News. Associated Press. April 15, 2011.
  75. ^ Kloppenburg requests recount in state Supreme Court race
  76. ^ Prosser wins recount in Wisconsin Supreme Court race
  77. ^ Nate Silver (April 8, 2011). "Vote-Counting Error In Wisconsin Points to Incompetence, Not Conspiracy". The New York Times.
  78. ^ Mike Johnson (April 11, 2011). "Expanded probe of Waukesha County election procedures sought State Democrats make request after an apparent discrepancy is discovered in 2006 results". Milwaukee Journal Sentinel.
  79. ^ Michael Winter (April 15, 2011). "Canvass shows Wis. incumbent Justice Prosser has won re-election". USA Today.
  80. ^ "David Thomas Prosser Obituary". Wichmann Funeral Home. Retrieved December 6, 2024.
  81. ^ David Prosser, who served as Wisconsin Assembly speaker and as a state Supreme Court justice, dies
  82. ^ Cohn, Stephen (December 1, 2024). "Former Wisconsin Supreme Court Justice David Prosser dies at 81". WISN. Retrieved December 2, 2024.
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  97. ^ Canvass Results for 2011 Spring Election - 4/5/2011 (Recount) (Report). Wisconsin Government Accountability Board. May 20, 2011. p. 1. Retrieved December 2, 2024 – via Wisconsin Historical Society.
[edit]
Wisconsin State Assembly
Preceded by Member of the Wisconsin State Assembly from the 42nd district
1979–1983 		Succeeded by
Preceded by Member of the Wisconsin State Assembly from the 79th district
1983–1985 		Succeeded by
Preceded by Member of the Wisconsin State Assembly from the 57th district
1985–1997 		Succeeded by
Preceded by Minority Leader of the Wisconsin State Assembly
1989–1995 		Succeeded by
Preceded by Speaker of the Wisconsin State Assembly
1995–1997 		Succeeded by
Legal offices
Preceded by
Kenneth F. Rottier
 District Attorney of Outagamie County, Wisconsin
1977–1979 		Succeeded by
William Drengler
Preceded by Justice of the Wisconsin Supreme Court
1998–2016 		Succeeded by
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