The Wisconsin Supreme court seat left open by the retirement of Justice Patience Roggensack who served two terms on the state’s highest court has a field of four who would like to fill her seat.

Former Wisconsin Supreme Court Justice Daniel Kelly, and circuit court judges Everett Mitchell (Dane County), Jennifer Dorow (Waukesha County) and Janet Protasiewicz (Milwaukee County) will run in the Feb. 21 Spring Primary, with the top two competing in the April 4 Spring Election.

The justice seat is a 10-year term and non-partisan. For more information about your polling places, visit myvote.wi.gov.

Daniel Kelly wants you to give him his old job back. Kelly served as a Wisconsin Supreme Court Justice between the years of 2016-2020 after being appointed by former Gov. Scott Walker. Kelly lost his bid for reelection, and said he was running a second time because he wants to serve the people of Wisconsin.

He considers himself a constitutional conservative and said to make sure he sets his opinion aside; he goes through a process when deciding a case.

“I have a methodology. Stay true to the law and constitution. Then I think about it logically. If there is a break in the logical chain, that’s where opinion comes in,” Kelly said.

He added that colleagues will typically call out a fellow justice to prevent opinions from seeping into a case. He said he does the same, “I also listen carefully to colleagues to prevent opinions in a ruling.”

He said there are two cases he is particularly proud of ruling on in the Supreme Court both involved decision making authority.

The first case Tetra Tech v. Wisconsin Dept. of Revenue. In the case Tetra Tech had deferred to the Dept. of Revenue regarding legality of sales tax rates. Though the court agreed that they had been taxed properly. Five found that deferring to the government agency violated the constitution because the judicial branch is responsible for judiciary matters.

The second case was Wisconsin Legislature v. DHS Secretary-designee Andrea Palm regarding the closure of businesses, school, etc. through the Wisconsin Stay at Home Order during the COVID-19 Pandemic.

The court ruled a narrow 4-3 that Palm was not authorized to declare a shutdown, and that the decision should be made by the Wisconsin Legislature. “In article 4 (Wisconsin Constitution) all lawmaking is in the within the legislative branch,” Kelly said of his decision in the case.

Kelly has experience as an attorney in a private practice, working for both someone else and his own practice in Milwaukee, as well as his experience on the Supreme Court.

He is married and resides near Kettle Moraine State Park. Kelly is the father of five children.

Janet Protasiewicz wants to be the next Wisconsin Supreme Court Justice, and said her diverse legal background is what the state needs.

“Last April I started thinking about it. I’m concerned about decisions be made based on extreme partisanship,” said Protasiewicz of running for the state’s highest court. “I never tell how I plan to decide a case, how I will rule on a case. I follow the laws and constitution if the state.”

She added that you must evaluate the laws and put aside any personal beliefs.

In addition to Protasiewicz’s experience as a Circuit Court Judge, her resume also includes work in advocacy in Milwaukee County and working with victims and their families as well as the defendants’ families in the District Attorney’s office.

One of her goals, she said is to make sure that everyone is treated fairly. This was especially true in the DA’s office where she was dealing with a lot of cases involving violent crime.

She says that time was the most rewarding of her career, she said. She explained that it is hard to work in an environment in which you are dealing with violent crime, and that not everyone is cut out for the work.

Protasiewicz said she was raised by teachers in an environment that valued education, work ethic and giving back to the community. She feels those ideals and her love of Wisconsin make her perfect in the role of Supreme Court Justice.

She said while her mother was ill, she asked her if she should halt her run, and her mother encouraged her to keep going. She passed away the day after Christmas.

Protasiewicz lives in Franklin with her husband, tax attorney Greg Sell, and their dog, both of which she said she misses while traveling the state campaigning. She has two stepsons.

Editor’s note: Multiple attempts to set up interviews with Mitchell and Dorow prior to deadline were unsuccessful. The following information was taken from the candidates’ websites.

The Honorable Reverend Everett Mitchell was elected to the Dane County Circuit Court and presides over the Juvenile Division in Branch Four. As a juvenile court judge he hears cases involving family re-unification, juvenile delinquency, and other civil and criminal proceedings. He also oversees Dane County’s High Risk Drug Court Program.

Mitchell is a graduate of Morehouse College, Princeton Theological Seminary, and University of Wisconsin-Madison Law School and is a member of Omega Psi Phi Fraternity, Inc. Currently, he is an adjunct professor at the University of Wisconsin-Madison Law School where he teaches courses on “Race, Racism and the Law” as well as the “Foundational Principles of the Juvenile Justice System.”

During his tenure on the bench, Mitchell has worked with colleagues to change courtroom policies to reflect trauma-informed practices, such as removing restraints and handcuffs on youth during hearings. He joined several judges in petitioning the Wisconsin Supreme Court to support changing the presumption to ensure that children in Wisconsin can attend their court hearings without restraints and handcuffs.

Mitchell worked with the Madison Metropolitan School District, the second-largest district in the state, to create an Office of Youth Engagement that provides a bridge for youth involved in the criminal justice system to educational programming. Judge Mitchell works tirelessly to ensure the youth under his jurisdiction are treated with respect and dignity. While this may be common sense, it is not always common practice.

He has lectured or spoken at colleges and universities, national conferences, community events, corporate events, professional development workshops, and in front of many other diverse audiences. Judge Mitchell’s social justice lens is steeped in his calling and commitment to justice and equity.

This is how Jennifer Dorow describes herself: First and foremost, I am a judicial conservative who will not legislate from the bench. Serving as a Waukesha County Circuit Court Judge for more than 11 years, I have been elected to multiple terms by constituents who depend on me and look to me to uphold constitutional enforcement of our laws, and to recognize the rights and responsibilities of individuals and organizations.  In my 26-year legal career, I have evaluated, advised on, prosecuted, defended, and judged a wide array of cases and issues. With years of experience representing clients and presiding in cases involving civil, business, family, and criminal matters, I am fully aware of how our state’s laws and legal system must operate. In criminal cases, I not only deeply respect victims’ rights and our society’s need for law and order, but also, I understand and respect defendants’’ constitutional rights. In addition, the Justices of the Supreme Court have acknowledged my abilities by naming me Chief Judge of Third Judicial District and my peers have selected me as the Chairperson of our state’s Chief Judges.  

Like many others who have served on the Wisconsin Supreme Court, I have worked in our state’s courts as an advocate, as a judge and as an individual responsible for managing a justice system that must work just as hard for victims’ rights as it does for defendants’ rights. I respect and adhere to our state and federal constitutions and the laws that protect our society and provide a safe and fair living and business environment in our state. And just as importantly, I am a working mom next door who cares deeply about the citizens of Wisconsin–I coach youth sports, I care for my family; I want to provide the same personal and professional opportunities to everyone in Wisconsin.