Wednesday, September 19, 2018

2018 Wisconsin Civil Justice Council Wisconsin Supreme Court Guide and Judicial Evaluation

The Wisconsin Civil Justice Council, an organization formed to represent Wisconsin business interests in civil litigation, has just released its 2018 Guide to the Wisconsin Supreme Court and Judicial Evaluation.  This publication summarizes Wisconsin Supreme Court decisions which impact business interests, along with tracking how frequently individual justices decided cases in favor of the positions taken by WCJC. 

Each case summary in the report includes a factual summary, a summary of the decision and any dissenting opinions, and a listing of how each justice voted in each case along with a notation stating whether WCJC agreed with the decision or not.

The WCJC represents a variety of large business interests in Wisconsin, and it is interesting to see what judicial outcomes are supported by these business interests, and how each justice approached cases with these issues. 

The judicial evaluation included two primary groupings.  Justice Rebecca Bradley, Justice Ziegler, Chief Justice Roggensack, Justice Gableman, and Justice Kelly all decided cases in favor of positions taken by WCJC approximately 80% of the time.  Justice Abrahamson and Justice Ann Walsh Bradley, on the other hand, both decided cases in favor of positions taken by the WCJC approximately 23% of the time. 

Full disclosure: I was counsel of record for the City of Eau Claire in Voters With Facts v. City of Eau Claire, which was decided in favor of the City of Eau Claire (an outcome that the WCJC agreed with).  Interestingly, this case involved a majority opinion written by Justice Ziegler which was joined by justices Abrahamson, Walsh Bradley, Gableman, and Chief Justice Roggensack.  The dissenting opinion was written by Justice Rebecca Bradely and joined by Justice Kelly.

The WCJC 2018 Guide to the Wisconsin Supreme Court and Judicial Evaluation can be found here.


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