Meet the candidates for Marinette County Circuit Court

In Marinette County, incumbent Peggy L. Miller is challenged by DeShea D. Morrow. The election is April 1.

Miller was appointed Marinette County Circuit Court judge by Gov. Tony Evers in 2024. She previously was a court commissioner in Oconto County and in private practice. She graduated from Marquette University Law School in 2000. Her resume is here.

Morrow is the Marinette County district attorney. She graduated from Oak Brook College of Law (Fresno/online) in 2001.

WJI asked each of the candidates to answer a series of questions. The questions are patterned after some of those on the job application the governor uses when he is considering judicial appointments.

Miller responded to WJI's questionnaire. Morrow did not.

Candidates' answers are printed as submitted, without editing or insertion of “(sic)” for errors.

Peggy L. Miller

Why do you want to retain your position as judge?

I would like to retain my position as Judge because it is the best job in the world.  I am able to use every skill I learned in law school on a daily basis.
 
For me, the position of Circuit Court Judge, is the peak of my law career.  I started my career in law as a legal secretary.  While working full-time, it took me several years of part-time night classes to achieve an Associate degree as a Paralegal, and additional night classes to earn my Bachelor’s degree in Criminal Justice. While attending law school at Marquette University, I traveled more than four hours round trip each day and worked part-time teaching night classes in a Paralegal program. It was a long self-rewarding journey to become an attorney. While a practicing attorney, I furthered my education by completing certifications in several different alternative dispute resolution programs. After 19 years of private practice, I honed my writing, analyzation, speaking, negotiation and communication skills.  These skills are paramount in dealing with the diverse citizens and many types of cases that I hear in my courtroom each day.
 
Being a Judge is never boring.  Every day is different from the day before, and the one after. Every day, I meet and interact with people from diverse cultural, racial, educational and financial backgrounds. Each legal matter I hear in a day can be from a different area of law. I have a desire to constantly learn new things, and every day I learn something new. The law is forever fluid, and therefore, it is necessary to keep my legal education relevant. This requirement to stay current in law related changes appeals to my love of constant education. I’ve always loved attending school, and teaching others about the law.
 
Prior to obtaining the position as Circuit Court Judge, I served as Family Court Commissioner, Court Commissioner and Register in Probate for five years. This experience gave me five years of experience on the bench which was invaluable to becoming a Circuit Court Judge. I want to retain my position as Circuit Court Judge because I’m good at my job. I have more than five years of experience on the bench, and I want to have the ability to make good on the investment that the Marinette County citizens have already made in me.
 
Describe which U.S. Supreme Court or Wisconsin Supreme Court opinion in the past 25 years you believe had a significant positive or negative impact on the people of Wisconsin and explain why.

Obergefill v. Hodges, 576 U.S. 644 (2015) U.S. Supreme Court decision which made same-sex marriage allowable in all states was, in my view, one of the most significant decisions made affecting the entire country. This is a case that purports to recognize human equality, no matter race, religion, sexual orientation, etc. Not only did this case allow people of the same sex to legally marry, but it began a waterfall of cases to extend the rights beyond just marriage. While not all of the cases have yet been successful, one case has enhanced one important protection. In Bostock v. Clayton County, 140 S.Ct. 1731 (2020) the Supreme Court expanded employment discrimination prohibitions to include gay, lesbian, bisexual and transgender peoples. It remains to be seen how many changes the Obergefill decision will cause, but further anti-discrimination protections are likely. It is even possible that the Equality Act which would amend the Civil Rights Act of 1964 could be passed which would prohibit legal discrimination against gay, lesbian, bisexual and transgender in areas such as housing, education, lending and public accommodation.

Describe your judicial philosophy.
 
I would be described as a Judge that exercises Judicial Restraint and is a Strict Constructionist. At the Circuit Court level, I do not believe it is my job to make law, but to interpret the law that is written. However, it should be noted that two different people can read the same law or case and come away with different meanings. The law isn’t as black and white as some would believe. Persuasion and argument play a major role in interpretation. I also do not believe in reinterpretation of the Constitution at the Circuit Court level. If there is a need for me to interpret a Constitutional protection, I will look to precedent to guide me.
 
Describe two of the most significant cases in which you were involved as either an attorney or a judicial officer.
 
As a Judge, my first jury trial involved two defendants being tried at the same time, for child incest. At one point I had granted the defense attorneys motions to sever the trials and try each defendant separately. While having concern for the victim testifying twice, I recognized that the victim wanted to maintain a relationship with one of the defendants, and I wanted to afford him the ability to testify in a different manner, if he chose. Additionally, I did not want one defendant’s trial to taint the other defendant’s trial by association. However, I later reversed my position as each defense counsel disclosed they were calling the other defendant as a witness. No longer was my reason for maintaining separate trials present, and I reversed my position to allow both defendants tried at the same time. The subject material was difficult to hear and the victim struggled with the adversarial questioning of the defense attorneys. After the verdicts, I spoke with the Jury. The jurors took their duty very seriously and read and re-read the jury instructions so they could unanimously reach a verdict. The jury deliberated for only a couple of hours, which was amazing as they had two defendants and five different criminal charges to consider. Several weeks later, I imposed sentences on both defendants. I spent a considerable amount of time preparing my sentence comments. I chose to impose sentences that were above the requests of the State and the defense counsel. This jury trial is significant to me for several reasons: this was my first jury trial ever in my career, the difficulty level increased with trying two defendants at one time, the subject matter was heart wrenching, and the local press was present (another first in my career).
 
The second case which I would say is significant to me, is a case in which the defendant was involved in a motor vehicle hit and run death. The defendant accepted a plea. The difficulty came at sentencing. The courtroom was filled with people in support of both the dead victim and the defendant. The local newspapers were present and were taking pictures of the defendant during sentencing argument. The pre-sentence investigation report brought to light numerous social media statements made by the defendant while she was awaiting charging, plea hearing dates and sentencing. At sentencing, defense counsel attempted to present evidence and victim shame in an effort to support an argument for lesser sentence. I stopped the presentation of evidence and victim shaming with strong, but appropriate statements. I imposed a harsher sentence than requested by the prosecution and defense. This case was significant to me because of the level of emotion on both sides of the case. The victim’s family had lost a loved one and were horrified by the social media comments made by the defendant. The defendant is a very young girl, with young children and she will now be delivering another child while in prison. It was a tough case, with a tough decision to make, but as a Judge we don’t get to shy away from tough decisions.
 
Describe your legal experience as an advocate in criminal litigation, civil litigation, and administrative proceedings.
 
During my years in private practice, I represented clients in many areas of the law. Small claims, landlord tenant disputes, restraining orders, and all areas of family law. I represented the best interests of children and adults as a Guardian ad Litem in family placement, juvenile and guardianship matters. I represented clients in Department of Natural Resources administrative proceedings. I was appointed by the Department of Justice and the Federal Bankrutpcy Court to mediate foreclosure actions. I also acted as a child placement mediator for Kewaunee County, and performed private mediation services as requested by attorneys for various types of legal matters.
 
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.

Maintaining my position as a Circuit Court Judge appointed by a Democratic Governor in a largely Republican County is one of the largest challenges I have encountered. I am not a politician. I have never run in an election. I am truly a non-partisan candidate in a non-partisan election, but in today’s political climate, my opponent who is Republican has a distinct advantage. My opponent’s prior stated party affiliation, along with the number of years she has been present in the community as the District Attorney enhances the adversity in my quest to be victorious in this contested election. My opponents listed endorsements range from my fellow current sitting judge to retired judges and most of the City and County law enforcement. Because I was appointed by a Democratic Governor, much of the public assume I am a Democrat. I’ve even been called a baby killer. I am facing this challenge by meeting as many people as I can. I attended every summer parade and picnic in the County, attended every Town Board meeting in the County, and speaking to civic organization memberships. I explain who I am and why it makes sense that I remain the Circuit Court Judge in Marinette. Additionally, I am working hard at being the best Circuit Court Judge I can be. I treat all litigants with empathy and respect, and strive to be efficient, effective, and fair. As a truly non-partisan candidate, I am free from any political influence both on and off the Bench. I have one job and one goal, to remain the Branch I, Circuit Court Judge in Marinette County.
 
Do you support requiring a justice or judge to recuse him/herself from cases involving donors and indirect supporters who contribute money or other resources to the judge's election? If not, why not? If so, why, and what contribution limits would you set? 
 
I believe there are different levels of inappropriate contributions depending on the level of Judge or Justice. Certainly $200 to a Circuit Court Judge has more impact than to a Supreme Court Justice. I believe a list of contributors for all levels of Judges is a necessary disclosure. I have chosen to not allow monetary contributors and be solely funded as I do not want to create conflicts. Conflicts at a County level can have substantial impact based on the number of available attorneys in the area. We have very few attorneys in Marinette County, and to lose the ability to hear cases of any attorney in a two Judge County because of campaign funding contributions could make conflict of interest resolution very difficult. I do have a few local attorneys who provide campaign strategy advise. When those attorneys are involved in a case before me, I disclose their involvement so all parties are aware, and anyone can request my recusal. In summary, no matter the level of contribution, I think disclosure is absolutely necessary. It would take a substantial amount of research and thought to setting levels of contribution that would create an automatic recusal. I don’t think one level for all counties would be appropriate based on population and size of the County. I also don’t think one amount for all types of judicial races would be appropriate. Certainly, the levels should be cognizant of the type of race, Circuit Court vs. Appellate Court vs. Supreme Court, and have relation to the population and area of coverage.
 
What are the greatest obstacles judges face when trying to deliver true justice? What can or should be done about them? [Define “true justice” as you see fit.]
 
I believe the greatest obstacle judges face are the lack of resources available to dispense justice on several levels. There are simply not enough criminal defense attorneys for the amount of indigent defendants. Defendants are waiting months for public defender appointments. There are not enough attorneys willing to take Dean appointments, so defendants who do not qualify for public defenders are waiting for months to obtain an attorney through a Dean appointment. The lack of attorneys is clogging the judicial calendars, and jails with defendants whose cases are delayed because of lack of representation.
 
Treatment courts, such as mental health court, drug court, Veteran’s court are being discontinued because of the lack of resources within County budgets and personnel. We especially experience this discontinuation of treatment courts in rural and northern counties. This leaves us with putting these defendants through the same system that has a shortage of criminal defense attorneys and further clogs the justice system.
 
We need incentives. We need to make it attractive for attorneys to take positions in rural and northern counties. Such as, school debt assistance and housing assistance. We need some type of funding program made available to counties that make it a priority to offer treatment courts, so that county personnel will be made available to take part in the treatment court programs. 
 
Once upon a time, large firms would have their newer associate attorneys work pro bono cases and public defender appointments or Dean appointments. This gave them invaluable experience before they began working with paying clients. Large firms have gotten away from having their young associates take these types of cases. If some incentive was given to large firms to return to this practice, we may have more attorneys available for the indigent.
 
Finally, the law schools need to stop catering just to large cities and large law firms. I understand that a significant portion of their donations come from the large law firms, but that doesn’t stop the need in the rural and northern counties. The law schools should be working for the good of all, not just a select few based on the size of the donation.

Provide any other information you feel would be helpful to potential voters deciding for whom to vote.
 
I have six years of experience on the Bench. Prior to taking the Bench in August, 2024, I served as the Court Commissioner, Family Court Commissioner and Register in Probate for Oconto County for the past five years. This is important information to the voters of Marinette County for a couple of reasons. If you are in private practice, or an attorney in public service, transitioning to the Bench takes time. It requires a shift in mindset. When you are a practicing attorney, you become well versed in an area of law, and you are accustomed to advocating from one side of a legal argument. As a judicial official you have to have knowledge in several areas of the law, and you must hear both sides of an argument and make an unbiased decision. Because I have been on the Bench for six years, I have already made this transition, thereby making me an efficient and effective Judge. Because I have been on the Bench for six years, I have minimal conflicts of interest, unlike a local practicing or local public service attorney. Imagine the number of contacts a local private or public service attorney has made during his/her career. Each one of those contacts, and the contacts of his/her office creates a conflict. It can take years for a local attorney, like a District Attorney, to get past the conflicts which have been created during his/her employment in the county. There is minimal need for recusal, substitutions and/or other judges to be brought in to hear my cases based on a conflict. Marinette County has already made an investment in me as their Judge during the last six months, why start all over with a new Judge. I want to make good on the investment that the Marinette County citizens have already made in me and continue to serve as the Branch I, Marinette County Circuit Court Judge.

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