The apolitical campaign of Justice louis Butler
Making Black History
Making Black History
| By Jonathan Gramling Part 2 of 2 Justice Louis Butler, the first African American to serve on the Wisconsin Supreme Court when Governor James Doyle appointed him to the bench in September 2004, is not a stodgy justice disconnected from people. We sat in the Starbucks on the Capitol Square in Madison for an interview and several people recognized him and said hello. He greeted them warmly and thanked them when they told him of their support. The warmth is nothing forced. Butler also has a love for the rule of law. Later on when we enter the Supreme Court chambers and in his office, he takes on an almost humble air, as if the traditions of the Supreme Court and the history of the chamber make him feel relatively insignificant in the grand scheme of things. The law is a hallowed institution to Butler. But ironically, it is his respect for the law and the traditions and guidelines governing the Wisconsin Supreme Court that force him to be almost apolitical in an election campaign that is almost taking on partisan overtones and is attracting a lot of big money and advertising against him. “My opponent can’t raise a dime,” Butler said. “I can’t raise a dime. We have campaign teams that raise money on our behalf. So I understand that. But the goal has been to make sure that my campaign controls the message when it comes to me. And I think in every other judicial race that you’ve seen that is the way it has played out. This is kind of different. I haven’t really seen this before. And I don’t know how it’s going to play out in the long run. I’ve divorced myself from the fund-raising aspect for the very reason that I know that the immediate concern of whether or not we are going to be beholden to the people who are supporting us. I try to let my campaign deal with fund-raising issues.” Instead of a race where the candidates are judged on their qualifications and ability to handle the heavy caseload of the court, it has now evolved into an almost partisan contest where candidates are judged on how they are perceived as ‘conservative’ or ‘liberal’ and on how they might rule on certain cases such as abortion or product liability, which are issues that justices and candidates to the Supreme Court are not supposed to take sides on. “The types of issues that have crept into Supreme Court races, in my humble opinion, demean the integrity of the judiciary,” Butler said. “Our job is to be neutral, detached, non- partisan, non-biased, impartial and independent as we make a decision on what should happen with a given set of facts and applying the law to those facts. But now it has become more and more possible to see judicial campaigns that have commercials with jail doors closing. That’s become popular. We don’t sentence anyone. We’re a court that interprets and applies laws. Those kinds of decisions are made at the circuit court level. Yet you’ll see those types of commercials all the time. What I saw in the last Supreme Court race was demeaning, in my humble opinion, to the integrity of the justice system. And I think it robs citizens of the confidence that when they go to court, their case will be heard and the decision will be made based on their facts and how the law applies to it. That’s what we’re supposed to protect. That’s what the justice system is all about. And people have to be confident that when they go into court, someone is listening to them. And if we rob them of that confidence, then we are basically robbing them of justice.” And, in Butler’s opinion, Supreme Court races need to remain non-partisan in word and deed if the integrity of the court and its legitimacy are to be preserved. “I think it’s inappropriate for a judicial candidate to try to do a ‘nod, nod, blink, blink if you vote for me, you will get what you want,’” Butler emphasized. “I don’t think that’s what we do on the court. If we’re doing our job right, we’re solving problems. If you are going to do it in that fashion, you cannot prejudge a case. The worst thing that can happen in a courtroom is for a judge or a group of judges to have made up their minds before they ever heard the argument. So I won’t do that. You won’t see me appealing to Democrats or Republicans. I may get labeled. I think everyone gets labeled. There are people out there who view me in a particular way. I have to live with that. But you won’t hear me do that. And I truly believe it is inappropriate for me or any other judicial candidate to do that.” And so, Butler has tried to run a traditional campaign, criss-crossing the state appearing before groups and campaigning while keeping up his end of the judicial load. Butler gets 2-3 hours of sleep per night and is separated too much from his family. For that reason alone, Butler will be glad to see April 1, Election Day, come around. In spite of the crazy and hectic schedule Butler has been forced to keep for the past several months, he still seems pretty energized by it all. “I’ve been honored to serve as a Supreme Court justice,” Butler said. “It’s an awesome responsibility and experience. I wouldn’t trade it for anything in the world. That’s why I am crazy enough to go out there and pound the pavement day in and day out in addition to the hundred plus hours of work I do every week as a Supreme Court justice so that I can be returned to the court and continue to live the lifestyle that people would look at me and say ‘Huh, you want to do that?’ Yes, I want to do that. I love the job. I love the work and I look forward to returning to the court for a full 10-year term.” It’s all in the hands of the voters. |
| Justice Louis Butler, sitting in his Supreme Court office in the State Capitol, was appointed by Gov. james Doyle in 2004 and is up for election to the seat on April 1. |
