City of Milwaukee voters will see on their ballots a contested race for city attorney. Evan Goyke challenges incumbent Tearman Spencer. The election is on April 2. Goyke is a representative in the Wisconsin Assembly. He graduated from Marquette University Law School in 2009. Spencer was elected as city attorney in 2020. He graduated from the University of Wisconsin Law School in 2003. WJI asked each of the candidates to answer a series of questions. The questions asked are patterned after some of those on the job application the governor uses when he is considering judicial appointments Goyke's answers are printed as submitted, without editing or insertion of “(sic)” for errors. Spencer did not respond to WJI's request. Evan Goyke Why do you want to become Milwaukee City Attorney? I’ve seen firsthand how the City Attorney’s office can help improve the quality of life for Milwaukee residents. That is only possible if the office is functioning properly. I bring a skill set and vision to the office that can restore the culture and trust inside and outside of the office, return to a standard of excellence, and proactively address real world issues in our city. Name one of the best or worst U.S. or Wisconsin Supreme Court opinions in the last 25 years and explain why you feel that way. While I wish I were writing about a different case, I think I have to select, as the worst U.S. Supreme Court case, Citizens United v. FEC, 558 U.S. 310 (2010). Citizens United devastated the American political system. It’s impossible to quantify the extent of the damage. In Wisconsin, the money that has been allowed to enter our political races has resulted, in part, in a near decade of one party control. I’ve experienced this firsthand during my tenure in the State Legislature and know our state’s inability to experience meaningful progress in areas deeply important to me have their roots in the flawed political process Citizens United has empowered. Describe two of the most significant cases in which you were professionally involved. State v. Moore, 2015 WI 54 I was co-counsel for Mr. Moore and briefed and helped argue the pretrial litigation that was the subject of the State Supreme Court case. Mr. Moore was interrogated by law enforcement and as co-counsel for his defense, I helped challenge the admissibility of the interrogation. Juvenile interrogations should be audio or visually recorded and portions of Mr. Moore’s interrogation were done without recording and a subsequent recording was made in secret by law enforcement. The State Supreme Court ruled wrongly that the interrogation was admissible against Mr. Moore. Bank of New York Mellon v. Carson, 2015 WI 15 While I was not counsel on the Carson case, it was one that I followed closely and was inspiration for and useful during multiple legislative sessions working on mortgage foreclosure legislation. Carson involved so called “zombie foreclosures,” where lenders never sold properties after receiving a foreclosure judgment. This meant the previous homeowners, many of whom no longer lived in the home, remained legally responsible for property taxes and the condition of the property. Carson was a big victory and helped create additional legislation improving the sheriff sale process for mortgage foreclosures. Carson remains an inspiration to me today as I look toward focusing on housing and housing quality as City Attorney. The City Attorney’s Office wrote as an Amicus in Carson. Describe your legal experience as an advocate in criminal litigation, civil litigation, and/or administrative proceedings. My litigation experience is in the criminal justice system. I worked as a trial attorney in the Office of the State Public Defender in Milwaukee County and handled all levels of criminal defense litigation, including administrative hearings. During my time in the State Legislature I have been actively involved in writing laws, or trying to block bad laws, that make changes to how criminal and civil cases are tried in Wisconsin. Describe an instance when you were challenged and had to exhibit courage in the face of adversity or opposition and how you handled that situation. Throughout my elected career I have had to make difficult decisions in the face of opposition. I handle these instances through research, balancing each side of the argument, listening to those directly impacted, and making the best decision possible. I can think of many instances working to reform the criminal justice system within a legislature hostile to the idea, where I pushed for compromise rejected by both the right and left wings of the major political parties. This was particularly the case working to reform Wisconsin’s juvenile justice system, where one party rejected doing anything and the other pushed against plans that did not do enough. Those were difficult, long days/months/years, but I stayed committed to the process I’ve outlined and it ultimately was a positive, meaningful effort for the issues being advanced. What are the greatest obstacles to delivering true justice for the citizens of Milwaukee that you anticipate? What can or should be done about them? I think the greatest barrier to true justice in Milwaukee, as I define it, is poverty. I don’t mean temporary poverty, I mean the generational, segregated, deep poverty that strips hope and opportunity from a person or a community. I say this because I define true justice as an equal opportunity for each person to reach their potential and live a happy, healthy life as they desire. That definition falls well outside just a legal context of justice. I plan to use the power of the City Attorney’s office to work alongside, listen to, and support community organizations, community leaders, and residents to address the challenges that allow generational poverty to persist. I plan to focus on tangible progress at the neighborhood level. I expect many barriers, as change is difficult. I plan to stay committed to residents and local stakeholders and to not allowing opponents, especially those outside our community to distract from solving the issues presented. I plan to be relentless in these pursuits until we achieve meaningful progress.
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By Alexandria Staubach
Wisconsin voters in April will see two referendum questions focused on perceived voting issues. Senate Joint Resolution 78 passed the Legislature in November and will appear on the April 2 ballot as two questions about amending the state constitution. If approved by a majority of voters, the amendments would enshrine in the Wisconsin Constitution bans on private funding for election administration and the involvement of third parties in elections. The proposed amendments passed the Senate and Assembly along party lines. They passed in two successive legislative sessions as required by the state constitution’s amendment process. Constitutional amendment resolutions avoid the governor. They go directly from the Legislature to voters for approval. Rather than creating statutes, which can be changed more easily if they cause problems later, the laws become part of the document underlying all of Wisconsin's government and laws. Republican legislators introduced the resolution in response to grant money supplied by the nonprofit Center for Tech and Civic Life (CTCL) to various election offices around the country during the 2020 election cycle to alleviate the burden of COVID-19 related costs. Mark Zuckerberg, Facebook founder and tech billionaire, supplied more than $400 million to CTCL. As a result, the funds have been referred to as “Zuckerbucks.” The first question addresses those Zuckerbucks: “Use of private funds in election administration. Shall section 7 (1) of article III of the constitution be created to provide that private donations and grants may not be applied for, accepted, expended, or used in connection with the conduct of any primary, election, or referendum?” A “yes” vote will place in the state constitution a prohibition on any level of government in the state applying for or accepting nongovernmental funds or equipment for election administration. Currently, Wisconsin law does not restrict the Wisconsin Election Commission or municipalities from accepting grants or other private money to facilitate the administration of an election. The second question addresses the involvement of outside people in elections: “Election officials. Shall section 7 (2) of article III of the constitution be created to provide that only election officials designated by law may perform tasks in the conduct of primaries, elections, and referendums?” Sen. Eric Wimberger (R-Green Bay) testified about this proposed amendment to Senate and Assembly committees in October 2023. He stated that a stipulation of the CTCL grant money required third-party oversight from Michael Spitzer-Rubenstein, who then worked for the nonprofit National Vote at Home Institute. According to Wimberger, Rubenstein “orchestrated the fall election and acted as a city clerk would act, though paid by CTCL, including managing staff and having access to ballots.” Wimberger’s assertion was part of the larger tent of theories undermining Wisconsin’s 2020 election results. It was debunked by Green Bay’s city attorney, who after investigation said the city was “allowed, but not required, to receive advisory services from persons knowledgeable in various areas of election administration” and that although Rubenstein provided “best practice support” he “had no decision-making authority.” Rubenstein also provided best-practice support in Milwaukee, Racine, Kenosha, Wauwatosa and West Allis. In at least the case of Green Bay, he was hired directly by the city. Current statutory law already provides that elections are administered only by “election officials” and defines an election official as “an individual who is charged with any duties relating to the conduct of an election.” A “yes” vote on question 2 will put the restrictions permitting only election officials designated by law to administer elections into the state constitution. Elections officials include a municipal clerk, who is responsible for conducting elections in a municipality; a chief election inspector and election inspectors, or poll workers, who staff polling places on election day; election registration officials, who carry out registration duties on election day; special voting deputies, who are appointed by the municipal clerk to carry out absentee voting at qualified retirement homes; greeters, who acknowledge voters and assist in answering questions about the polling place but may not participate in any election inspector duties unless acting as a substitute; and tabulators, who aid election inspectors in counting and tallying votes after polls close. All such election officials are required to take and file an oath and record set amounts of training for every term they serve. Two candidates are vying for a seat on the Milwaukee County Circuit Court bench. The seat in Branch 43 is open due to Judge Marshall Murray's decision not to run for re-election. The election is April 2, 2024. Candidate Rochelle Johnson-Bent (below left) is an attorney in the Milwaukee Public Schools system. Candidate Marisabel Cabrera (below right) is an elected Wisconsin Assembly representative and attorney at Cabrera Law Office. The candidates joined WJI in person on Jan. 31, 2024, to introduce themselves and answer questions from attendees. The event was held as a luncheon at Riverfront Pizzeria in Milwaukee, hence the imperfect visual quality and some background noise at times. Only 10 of 56 circuit court races in Wisconsin this year are contested, and only two races require a primary.
Primaries will be held on Feb. 20 in Kenosha County, where William Michel and Heather Iverson take on recently appointed incumbent Frank Gagliardi, and Winnebago County, where Michael D. Rust, LaKeisha D. Haase, and Eric R. Heywood vie for the open seat created when Judge Teresa Basiliere filed notice that she would not run. The top two vote-getters in each contest will compete against each other in the Spring election on Apr. 2. Contested races with two candidates for the Apr. 2 Spring election:
Wisconsin Justice Initiative has asked all candidates in contested races to complete questionnaires. WJI will print the results verbatim (editing only for length) in the blog in the coming weeks. The two court of appeals judges up for election this year, Pedro Colon in District 1 and JoAnne Kloppenburg in District 4, are running unopposed. By Alexandria Staubach
Gov. Tony Evers has been busy considering bills from the Legislature, tackling 51 bills on Dec. 6 alone. In what WJI sees as a win for the criminal justice system, Evers vetoed Senate Bill 86/Assembly Bill 57, which would have erased prosecutorial discretion to dismiss or amend certain charges without prior authorization from the court and prohibited deferred-prosecution sentences for crimes. WJI opposed the bill’s lack of clear procedure for dismissal authorization and its prohibition of deferred prosecutions in appropriate cases. Those outcomes would have increased burdens on the criminal justice system without providing appropriate resources to deal with the fallout. Voting and criminal justice legislation signed into law by Evers included the following: Assembly Bill 335 (Wisconsin Act 52) Specifies that if a candidate is convicted of certain election crimes, a court must order dissolution of the candidate’s committee and return of unencumbered campaign funds; also requires the court to appoint a new treasurer for the committee to carry this out. Senate Bill 283 (Wisconsin Act 53) Provides that if a municipality, county, or commission chooses to broadcast canvassing proceedings live in any election, including live stream or on the internet, the same entity must record the broadcast; the recording must be retained for 22 months. Senate Bill 433 (Wisconsin Act 54) Modifies current law so the requirement that presidential primary absentee ballots be sent at least 47 days in advance of the election applies only to military and overseas voters; all other voters will be sent the presidential primary absentee ballot at least 21 days in advance. Assembly Bill 36 (Wisconsin Act 58) Creates a six-month time limit for the state crime laboratories to process sexual assault kits and an expedited 60-day timeline under certain circumstances. Assembly Bill 166 (Wisconsin Act 61) Expands the definition of “sexual contact” to include instruction by a victim to touch bodily fluids with the purpose to degrade or humiliate the victim sexually or arouse or gratify the perpetrator for purposes of crimes against children and sexual assault. By Alexandria Staubach
The Milwaukee Common Council this morning unanimously approved a new early-voting site that will be located at N. 60th St. and W. Capitol Dr. The site replaces a popular one in the Midtown Center. In the 2020 and 2022 elections nearly 30% of the absentee ballots cast during early voting from the city of Milwaukee came from the Midtown Center site, accounting for more than 18,200 ballots in 2020 and 8,500 ballots in 2022. The Midtown Center site was described as “the most popular in the Midwest” by more than one alder, including Mark Chambers Jr., who sponsored the measure and highlighted its importance to Milwaukee’s Black and Brown communities. Chambers said the site would be ADA accessible and on a well-used bus line. He said he looks forward to another robust voting cycle. A coalition of stakeholders campaigned for the new site after Midtown Center was purchased by an Atlanta-based investor who sought more than double the rent for less square footage. Contract negotiations between the new owner and city devolved earlier this year. Today at City Hall hopes were high that the new voting site would be just as productive. “We have the opportunity to be more potent” and “we can drive even more people to this location,” said Gregory Lewis, executive director of Souls to Polls and board chairperson for Power to the Polls. At a press conference following the vote, Angela Lang, executive director of Black Leaders Organizing for Communities (BLOC), applauded the Milwaukee Common Council for its unanimous vote and “their work supporting this mission.” Calena Roberts, Wisconsin state field director for Power to the Polls, exclaimed that “one door has closed, and another has opened wider!” The coalition advocating for the new site included Souls to the Polls, BLOC, the Wisconsin Working Families Party, SEIU Wisconsin, Leaders Igniting Transformation Wisconsin, Power to the Polls Wisconsin, EXPO Wisconsin, ACLU of Wisconsin, and Wisconsin Democracy Campaign. |
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