If you only watched the campaign ads, you would
think that Supreme Court justices are the ultimate crime-fighters in the
state. Even if that were true, you may want to think twice about
Burnett County Circuit Court Judge Michael Gableman’s record as a
prosecutor and judge.
The truth is Gableman has only won one
felony jury prosecution in his entire career. As a judge, one-third of
his rulings were overturned—a very weak record. Yet in his campaign
biography, Gableman calls himself a “law and order judge” who also was
“the lead prosecutor on cases as diverse as arson, sexual assault,
domestic violence and white-collar crimes.”
In his campaign
ads, Gableman follows the standard conservative, corporate-backed
judicial playbook. Be “tough on crime.” Pose in front of a police car.
Get endorsements from Republican DAs. Bash your opponent for being
“soft on crime.”
Gableman was a prosecutor in Langlade and
Marathon counties for three years before becoming a judge. As Ashland
County DA, Gableman says, he took on arsonists. TV ads sponsored by the
conservative Club for Growth and Wisconsin Manufacturers & Commerce
(WMC) also tout his arson-slaying record, as well as other crime-fighting
achievements.
But did Gableman really fight northern Wisconsin
arsonists—and win? An exhaustive search of online records in
Wisconsin’s Consolidated Court Automation Programs (CCAP) database only
turns up one arson case that Gableman put before a jury.
And
Gableman lost the case. Calls to Gableman’s campaign, the Club for
Growth and WMC to confirm their campaign statements went unreturned.
What about Gableman’s other tough-on-crime successes? CCAP only lists
nine individual felony jury cases naming Gableman as the prosecutor in
Ashland County. Although nine different case numbers are listed, only
six trials took place because some of the defendants had multiple cases
that were consolidated.
These felony cases involved charges
such as witness intimidation, sexual assault of a child, robbery,
arson, substantial battery and felony child abuse. Gableman only
managed to win two of those six trials—a theft from business and a
sexual assault of a child case. Five years after winning the sexual
assault case, the matter was dismissed on appeal to a higher court.
That
leaves Gableman with only one successfully prosecuted felony jury case.
So that’s the reality behind the campaign claims. But another reality
is that state Supreme Court justices aren’t really crime-fighters who
lock up the bad guys and throw out the key. Rather, they apply legal
precedents to cases that have been tried by juries and appealed by
lawyers— both prosecutors and defense attorneys who think that their
clients have been wrongly convicted. (It has been known to happen.
Would you want to change places with the innocent civil servant Georgia
Thompson, who was convicted by a jury and served time in prison before
her case was overturned by a federal appellate court?) So while
right-wing groups such as the Club for Growth and WMC want to bamboozle
voters into believing that a Supreme Court justice can single-handedly
toss alleged arsonists and other baddies into jail, think again. That
isn’t reality.
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