Michael Gableman
From Judgepedia
Michael Gableman was elected to the Wisconsin Supreme Court on April 1, 2008 after a fiercely-fought contest with incumbent Louis Butler. He described his electoral victory as significant for "all people who envision a more traditional role for their state Supreme Court."[1] Gableman takes office in August 2008 and will serve a ten-year term on the state's highest court. He will leave his current position as a Burnett County Circuit Court.
Gableman announced his candidacy at an October 2007 press conference where he said:
"I am not running to become a lawmaker. Lawmaking should be left to the legislative and executive branches. I believe that justice comes from administering the law with an understanding that its source is the consent of the govern, not one's own personal ideology."
During the same press conference, Gableman "suggested that Butler was a 'judicial activist' without giving specifics."[1]
Biography
Judge Gableman is a native of West Allis and was raised in Waukesha County. He is a graduate of New Berlin West High School and a Ripon College graduate (1988), where he earned a Bachelor of Arts Degree in Education and History. After college, Judge Gableman taught American History in the Milwaukee Public School System (1988-1989) before pursuing a legal career. Judge Gableman earned his Juris Doctorate from Hamline University School of Law in 1993, earning Dean's List honors.
Legal Career
While attending law school he served as a Law Clerk for the United States Attorney's Office in Minneapolis, MN, where he helped prepare federal criminal cases for prosecution and defend the government's arguments on appeal. Upon graduation he served as a Law Clerk for judges in Douglas County, MN (1993-1995) and in Brown County, WI (1995-1996).
Early Experience
Prior to joining the bench, Judge Gableman was appointed District Attorney for Ashland County (1999) by Governor Tommy G. Thompson and subsequently won election to the position. As District Attorney, he was the lead prosecutor on cases as diverse as arson, sexual assault, domestic violence, and white collar crimes. He also served as a front-line prosecutor in Marathon County (1997-1999) and Langlade County (1996-1997) as an Assistant District Attorney.
Judge Gableman's experience includes serving as Deputy Corporation Counsel of Forest County, and as a private attorney specializing in probate, real estate, and corporation law. As Deputy Counsel he successfully argued before the Wisconsin State Supreme Court in 1998.
As Circuit Court Judge
Judge Gableman was appointed Burnett County Circuit Court in 2002 (taking over for the retired Judge James Taylor) and was overwhelmingly elected to the bench in 2003 with 78% of the vote. Judge Gableman has been recognized for developing innovative programs which emphasize personal responsibility and maximize accountability. He led the establishment of ongoing Inmate Community Service and Restorative Justice Programs, and the Burnett County Drug and Alcohol Court over which he presides.
Awards, Memberships and Civic Activities
Judge Gableman is active in the legal community, serving on the Wisconsin Supreme Court's State Court/Tribal Court Relations Committee and is a past member of the Wisconsin Judicial Council. He has been a member of a variety of community service groups, including the Knights of Columbus (Past Grand Knight-Ashland Council), Masons, Fraternal Order of Moose, and Rotary International. Judge Gableman built on his commitment to education by teaching at Hamline University School of Law as Adjunct Professor of Law (2003-2005), and he frequently lectures on the dynamics of domestic violence.
Campaign for Wisconsin Supreme Court
Special Page
See the page entitled Wisconsin Supreme Court Race (2008) for more information.
Judicial Philosophy
- Judge Gableman is a "traditionalist" who "opposes judicial activism and pledges to defer to the Legislature on matters of public policy."[1]
- The candidates shared their judicial philosophies with the Wisconsin Law Journal. Butler identifies with characteristics of liberals like Justices Thurgood Marshall and William Brennan. Gableman is aligned with conservatives such as Chief Justice John Roberts and former Chief Justice William Rehnquist.
Campaign videos
- Justice Gableman's campaign videos and interviews can be found HERE
WJCIC Criticisms
- Judge Gableman refused to sign the Judicial Election Campaign Advertising Agreement created by the Wisconsin Judicial Campaign Integrity Committee. On January 29th, Justice Louis Butler and Burnett County Judge Michael Gableman participated in their first debate, which took place on a University of Wisconsin-Milwaukee program. During the event, a caller asked both candidates about a campaign pledge that they have both been asked to sign, by the Wisconsin Judicial Campaign Integrity Committee (WJCIC). Justice Butler announced that he did sign the pledge, while Gableman did not do so. [1] The WJCIC has deemed ads from both campaigns to be either deceptive or misleading.[1]
- Both campaigns have accused the other of negative campaigning, however, Butler asserted in his failed Supreme Court race in 2000 that a candidate's record, qualifications, and even personal opinions are all fair game.[1]
Appellate Experience
- During an interactive question and answer session, Judge Gableman was asked "[s]ince you are running for one of only seven seats on the highest appellate court in this state, not a trial court, can you describe your appellate experience?" Gableman responded "[a]s you know appellate court experience may or may not be a part of a Supreme Court candidate's resume. For example, Chief Justice Shirley Abrahamson, Justice Crooks, Justice Zeigler, Justice Bradley, Justice Prosser, nor my opponent have served as an appellate court judge."[1] Gableman also added that he has argued one case before the Wisconsin Supreme Court and "[a]s a Circuit Court Judge I have presided over just about every kind of case that can be heard in the Circuit Court and I have served as a circuit court judge for more than twice as long as my opponent had."[1]
Community Support
- The Journal Sentinel reports that support from law enforcement officials is a "centerpiece" of Gableman's campaign. [1]
- According to Judge Gableman, a high proportion of law enforcement officers and district attorneys have endorsed his candidancy. "I am very proud that 10 times as many sheriffs have endorsed my campaign as opposed to my opponents. In addition a bi-partisan majority of district attorneys as well as the Wisconsin Sheriffs and Deputy Sheriffs Association, and more than 50 Police Chiefs from across the state have endorsed my campaign."[1] [1]
In the News: Articles
Gay Marriage and Election
The Wisconsin Supreme Court is ideologically deadlocked between liberals and conservatives and there are at least two upcoming cases dealing with gay rights. In 2006, fifty-nine percent of Wisconsin voters agreed to a state constitutional amendment protecting marriage. That riled gay rights supporters, one of whom is challenging the amendment. Julaine Appling of the Wisconsin Family Council says the stakes are high.
“How the candidates see the current makeup of the court and their role in it will be incredibly critical as we move forward with this court.”[1]
Audio From March 28, 2008 Debate with Louis B. Butler
Wisconsin Public Radio (Real Player needed)
Video From March 25, 2008 Debate with Louis B. Butler
Establishing a Court-Watch Program
Judge Gableman was one of four people trained in February 2008 on implementing a Court-Watch program in Burnett County. Volunteers go to criminal court with checklists to monitor specific areas as they pertain to the victim in court. The objective is to ensure that victims are being protected from "re-victimization" in the courts.[1]
2008
Due to advertising tactics used during the 2008 campaign against sitting-Justice Louis Butler, Gableman faces complaints filed with the state's Judicial Commission.[1]
On the Issues
Judge Gableman has been a member of the Burnett County Circuit Court since 2002. In other words, he has been a trial judge, rather than an appellate judge. At the trial level, juries, and not judges, decide cases. Further, trial court opinions are rarely published. If you know something about the judicial philosophy of Michael Gableman, Judgepedia would likeYOU to tell the world where he is on these issues and others:
On Abortion
On Criminal Justice
- Judge Gableman ruled in a case in February 2008 that a defendant in a methamphetamine case couldn't be charged as the District Attorney didn't have sufficient evidence to establish probable cause. In the case, the arresting detective met one of the defendants in the driveway, as she related, "His clothes smelled of cat urine, an odor associated with methamphetamine fumes." Defendant's lawyer, on cross-examination, got the detective to admit her drug training didn't include knowing if the fumes came from actually cooking meth or just being in the house where it was being made. Defendant's lawyer argued that being in the house and picking up the odor on his clothes isn't enough to get to probable cause, and Judge Gableman agreed, and ordered the dismissal.[1]
On Class Actions & Class Action Abuse
On Contract Enforcement
Judge Gableman was REVERSED by the District III Court of Appeals, which held that he committed error in construing an insurance policy contract so as to dismiss an injured plaintiff’s case against another motorist’s insurance company. The Appellate Court held that Judge Gableman erred in applying Minnesota, rather thanWisconsin law, where the accident happened in Wisconsin, the victim was Minnesota, and the driver who struck the vehicle was from Wisconsin. The Appellate Court further held that Judge Gableman should have applied Wisconsin law since “we conclude the better rule of law is to enforce contracts that provide insurance coverage and compensate tort victims.”
Judge Gableman was REVERSED by the District III Court of Appeals, which held that he committed error by construing an insurance policy contract so as to dismiss an injured plaintiff’s case against another motorist’s insurance company. Judge Gableman found that an insurance company was not responsible for covering an accident that happened after its insured driver had sold the insured car to a different person who then wrecked the car and injured another person in the process. The Court of Appeals held that the insurance company was responsible for insuring the car, regardless of who owned it, even though the contract indicated that it did not cover individuals who drove the car in cases where the insured party would not have the authority to grant them permission to do so. Ultimately, the Court of Appeals found that anyone using the vehicle was "insured," where Judge Gableman had found that only the individual who purchased the insurance and owned the car was "insured."
Judge Gableman was REVERSED by the District III Court of Appeals, in a case where he refused to require the defendant to pay the plaintiff's attorney fees, even though the parties' contract required that "Purchaser shall reimburse Seller and Agent for all costs incurred for the recovery of stumpage monies owed the Seller, including but not limited to attorney's fees, court costs, and time." The Appellate Court held that this provision was unambiguous, and that Judge Gableman should have ordered reimbursement for attorneys fees, rather than imposing his own standard-- that attorneys fees were not required because there was no evidence of "bad faith."
Judge Gableman was REVERSED by the District III Court of Appeals, in a case where he refused to require the defendant to pay the plaintiff interest, and also cut the attorney fees owed to plaintiff by approximately $17,000, even though the parties' contract required interest to acrrue when accounts remained unpaid, and although he articulated no basis for cutting the fees.
On the Death Penalty
On Discrimination and Equal Protection
On Education
On Elections Law
On Employer and Employee Rights
On Family/Child Issues
Judge Gableman was REVERSED by the District III Court of Appeals, in a case where he sentenced a child's mother to 30 days in prison for denying agreed-upon visitation rights to the child's grandmother. The Court of Appeals held that Judge Gableman was in error because he did not allow the mother an opportunity to correct the problem prior to sentencing her.
Judge Gableman was REVERSED by the District III Court of Appeals, in a case where he failed to hold a hearing on whether a Mother's parental rights should be terminated within the time period prescribed by law. This failure resulted in the "child's future remain[ing] uncertain," and the mother retaining parentage rights, even though the Court found the mother to be an unfit parent. The Appeals Court concluded that Judge Gableman failed to hold the hearing within the 45 days from the outset of the case that Wisconsin law clearly required.
On Firearms and the Second Amendment
During an online question and answer forum, Judge Gableman was asked "[w]here do you stand on 2nd Amendment right of citizens to own firearms? Also, would you support a law in WI. commonly called 'concealed carry law'?" Gableman responded "I am prohibited from commenting by the judicial code of conduct of expressing specific positions on issues that are likely to come before the court. I can share with you that my campaign is endorsed by the Wisconsin Rifle and Pistol Association and the National Rifle Association, and as a lifelong hunter and fisher I have great respect for Wisconsin's long and proud sporting heritage." [1]
On Government Accountability
On Medical Malpractice
Justice Gableman was AFFIRMED by the District III Court of Appeals, in deciding that hospital/healthcare immunity statutes applied to bar the claims of a medical doctor who alleged defamation and medical malpractice against the hospital after it characterized him as "alcohol dependence" and forced him to participate in a 28 day alcohol program. The doctor was later diagnosed with "alcohol abuse" rather than "alcohol dependence."
On Negligence
On Personal Responsibility
On Property Rights
Regulation
On Taxes
On Tax Increment Financing (TIF)
On Term Limits
On Tort Reform
Endorsements
Overview: Endorsement Tally
- 51 Sheriffs
- 36 District Attorneys
- 23 Assistant District Attorneys
- 49 Police Chiefs
Other Wisconsin Judges Who Endorse Michael Gableman
- Judge Gregory J. Potter, Wood County
- Judge James C. Babler, Barron County
- Judge James P. Daley, Presiding Judge, Rock County
- Judge Peter Grimm, Fond du Lac County
- Judge J.R. Habech, Shawano County
- Judge Eugene Harrington, Washburn County
- Judge Scott Horne, La Crosse County
- Judge Fred Kawalski, Langlade County
- Judge Kendall M. Kelly, Brown County
- Judge Daniel Klossner, Dodge County
- Judge Paul Reilly, Waukesha County
- Judge Harold V. Froehlich, Outagamie County
Other
- Darlene Treague, Victim Witness Coordinator, Burnett County
- Nancy Toth, Victim Witness Coordinator, Ashland County
- Pam Brown, Former Victim Witness Coordinator, Langlade County
See Also
External Links
- Denver Businessman Gave Gableman $10,000 for Supreme Court Race
- Supreme Court debate is bitter
- Money keeps flowing in Supreme Court race
- Wisconsin Bar Brawl
- Voter Information Sheet: Wisconsin Family Council
- Gableman for Supreme Court
