Advertisement A victory would put Abrahamson -- appointed to the court in 1976 -- on the way to becoming the longest serving justice in state history. A loss to Jefferson County Circuit Court Judge Randy Koschnick would tip the seven-member court further to the right and mark the third straight triumph of a judge running as a conservative.
The two are competing for a 10-year term in the April 7 election. With a well-known name, more experience and a huge financial advantage, Abrahamson is heavily favored. She also has history on her side: Only two incumbent justices have been defeated in the last 42 years.
The winner will sit on the seven-member court for the term beginning in August. The court interprets the Wisconsin Constitution and is the highest tribunal for lawsuits and criminal cases in the state.
While many cases are unanimous, observers say a 4-3 conservative-liberal split is present on some issues after the election of conservative justices Annette Ziegler and Michael Gableman the past two years. Abrahamson is considered one of the three more liberal members remaining -- but she rejects that label.
Abrahamson, 75, was appointed to the court in 1976 by Gov. Pat Lucey, a Democrat, and elected in 1979, 1989 and 1999. As chief justice since 1996, Abrahamson is administrative leader of Wisconsin’s judicial system.
If she wins and serves out her term, she would easily surpass Orsamus Cole’s 37 years to become the longest serving Wisconsin justice. She would also beat Marvin Rosenberry’s 21 years as chief justice, a post given to the most senior member of the court.
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Abrahamson, 75, said those records weren’t important. She said she simply wants to keep serving.
“It’s a wonderful opportunity to serve the people of this state, to settle disputes according to the law and a wonderful opportunity for me to, in my administrative capacity, provide a more effective, efficient court working for the people of this state,” she said.
As chief justice, Abrahamson earns $8,000 more than the other justices. Her salary is expected to increase to $155,387 in August if she wins.
With her advantages, Abrahamson ran a cautious campaign that stayed on message promoting her widespread support, a record of participating in 3,500 written decisions and work improving the court system.
Koschnick, 49, tried to turn that record against her, saying she too often favored criminal defendants and civil plaintiffs. He claimed Abrahamson was a judicial activist who substituted her personal views for the law and that he would be less likely to overturn laws passed by the Legislature.
“The role of a justice is to apply the law and not make it,” says Koschnick, who was elected a Jefferson County judge in 1999 and re-elected in 2005 after serving 14 years as a state public defender.
He criticized Abrahamson-backed rulings that allowed a boy to sue makers of lead paint even though he could not prove which company’s products made him sick and overturned the state’s cap on medical malpractice damages. Both were bad for the state’s business climate, he argued.
Abrahamson dismissed the criticism and said it was her opponent who was trying to telegraph that he’d rule in favor of certain interests.
She used a tremendous financial advantage over Koschnick -- 56 to 1 at one point -- to run positive television ads arguing she’s exactly the kind of hardworking, independent judge the state needs. The ads dubbed her “Wisconsin’s chief” and touted her work supporting a program that helps homeowners behind on mortgages resolve disputes with lenders.
Koschnick also tried to turn Abrahamson’s donations against her, criticizing her campaign for taking money from lawyers with cases pending before the court. She responded that she was beholden to no one and those donations made up a tiny fraction of her overall fundraising.
The race is officially nonpartisan but support breaks heavily along party lines. The political action committees of the National Rifle Association and Wisconsin Right to Life endorse Koschnick while unions and trial lawyers favor Abrahamson.
The chief justice did have some high-profile support from Republicans as well as Democrats and was the overwhelming favorite of lawyers, judges, district attorneys and police chiefs.
The liberal Greater Wisconsin Committee was a late entry to the race, running a television ad in the final weeks bashing Koschnick as favoring corporations and the wealthy. Other outside groups who played a role in previous campaigns, including Wisconsin Manufacturers & Commerce, sat out this one.
One surprise -- and for Koschnick, unwelcome -- figure in the race was notorious cop killer Ted Oswald, who Koschnick represented in the 1990s. Oswald sent a letter from prison praising Koschnick and saying he would bring an important perspective to the court.
MEET THE CANDIDATES
Shirley Abrahamson
Randy Koschnick
