Marquette Warrior

Wednesday, July 27, 2011

Walker’s Policies Are Working

From the Weekly Standard:
Emily Koczela had been anxiously waiting for months for Wisconsin governor Scott Walker’s controversial budget repair bill to take effect. Koczela, the finance director for the Brown Deer school district, had been negotiating with the local union, trying to get it to accept concessions in order to make up for a $1 million budget shortfall. But the union wouldn’t budge.

“We laid off 27 [teachers] as a precautionary measure,” Koczela told me. “They were crying. Some of these people are my friends.”

On June 29 at 12:01 a.m., Koczela could finally breathe a sigh of relief. The budget repair bill​—​delayed for months by protests, runaway state senators, and a legal challenge that made its way to the state’s supreme court​—​was law. The 27 teachers on the chopping block were spared.

With “collective bargaining rights” limited to wages, Koczela was able to change the teachers’ benefits package to fill the budget gap. Requiring teachers to contribute 5.8 percent of their salary toward pensions saved $600,000. Changes to their health care plan​—​such as a $10 office visit co-pay (up from nothing)​—​saved $200,000. Upping the workload from five classes, a study hall, and two prep periods to six classes and two prep periods saved another $200,000. The budget was balanced.

“Everything we changed didn’t touch the children,” Koczela said. Under a collective bargaining agreement, she continued, “We could never have negotiated that​—​never ever.” Koczela, a graduate of Smith College and Duke University Law School, is no Republican flack. She says she’s a “classic Wisconsin independent. I vote both parties. I voted for Senator [Russ] Feingold but I voted for [Republican state] Senator Alberta Darling too.”

In Brown Deer and school districts across the state, Walker’s budget repair bill, known as Act 10, is working just as he promised. To make up for a $2.8 billion deficit without raising taxes, state aid to school districts (the largest budget line) was reduced by $830 million. Act 10, Walker said, would give districts “the tools” needed to make up for the lost money as fairly as possible.

But union leaders argued that the fight over the budget repair bill had nothing to do with balancing budgets. It was all about stripping public employees of their “collective bargaining rights.”

“We have said all along that this isn’t about pay and benefits,” Mary Bell, president of the state’s teachers’ union, said in February. “We are prepared to implement the financial concessions proposed to help our state in these tough times. But .  .  . we will not be denied our right to collectively bargain.”

Acceding, at least rhetorically, to higher benefit contributions​—​5.8 percent of salary for pension (up from nothing) and 12.6 percent of health care premiums​—​looked like a smart tactic. It made teachers seem reasonable and focused the fight on collective bargaining “rights.”

What few people may have understood, though, is that these are “rights” that most people, including federal employees, don’t have. But Americans don’t like taking away anybody’s rights. The polls in Wisconsin showed voters overwhelmingly opposed to “weakening” or “stripping” or “eliminating” collective bargaining rights. President Obama called the bill an “assault on unions.” Democratic state senator Lena Taylor compared Scott Walker to Hitler.

But as the abstract debate over collective bargaining collides with reality, it is becoming clear just how big a lie the Big Labor line was. Now that the law is in effect, where are the horror stories of massive layoffs and schools shutting down? They don’t exist​—​except in a couple of districts where collective bargaining agreements, inked before the budget repair bill was introduced, remain in effect.

In Milwaukee, nine schools are shutting and 354 teachers have been fired due to a drop in state funding and the end of federal stimulus funding. But if teachers there agreed to the 5.8 percent pension contribution, the school district says it would rehire 200 of those teachers. (Other changes could offset the rest of the layoffs.)

Despite the promise from Mary Bell that all teachers would contribute something toward their pensions, Milwaukee teachers’ union president Bob Peterson won’t agree to the change. In doing so he’s made it clear that “collective bargaining rights” is code for “union veto power.”

“You have a choice: layoffs or pension contributions. Do you see that choice?” a local Fox News reporter asked Peterson. “Why did you make a choice of layoffs?”

“I didn’t lay off anybody,” Peterson replied. He thinks Milwaukee teachers have conceded enough and blames Walker’s budget cuts for the layoffs. But a year ago​—​before Walker was elected and when Democrats controlled all branches of government​—​there were also layoffs.

Given the choice between fewer benefits and layoffs, the Milwaukee teachers’ union chose the latter. In 2010, 482 teachers, including Megan Sampson, a young educator named an “outstanding first year teacher” by the Wisconsin Council of Teachers of English, got the axe. CNN reports that this year “Milwaukee teachers are offering meals and moral support to 354 fellow educators who will be laid off.” Meals and moral support? The union’s got your back. A job? Not so much.

The only other district seeing such massive layoffs is Kenosha, where 212 teachers will be fired this year. “Kenosha is in the same boat as [Milwaukee], with a collective bargaining agreement signed before Walker took office that lasts until June 30, 2013,” the Milwaukee Journal Sentinel reported on July 16. “But most other Wisconsin districts have avoided layoffs and massive cuts to programs.”

One striking feature of Walker’s budget repair bill is the flexibility it has given school districts to balance their budgets. For example, things are looking up in the tiny town of Pittsville in the heart of the state, where the district balanced its budget mostly through increased pension contributions and not replacing four retiring teachers.

“We didn’t change anything in our health care at all,” Superintendent Terry Reynolds told me. “If Act 10 hadn’t passed,” he said, “I don’t think the teachers’ union would have wanted to approve the 5.8 percent contribution” to pensions. “That would have been a hard battle to fight. I’m not sure we would have saved dollars there.” Enough money was freed up that Pittsville property taxes will decrease by 9 percent next year.

While class sizes increased slightly in Pittsville, they’re going down in the Kaukauna school district, where the school board used the budget repair bill to turn a $400,000 deficit into a $1.5 million surplus. In addition to the 5.8 percent pension contribution, the board pared back personal days from ten to five, increased the deductible for a family health insurance plan from $250 to $500, and required middle school and high school teachers to teach six classes instead of five. Any or all of these changes could have been vetoed by the union under a collective bargaining agreement.

The reforms will allow Kaukauna to spend $300,000 in merit pay for teachers next year and offer more Advanced Placement classes and languages like Chinese or Arabic in the future, according to board president Todd Arnoldussen. Bringing down class sizes “was a win for the kids and a win for everybody,” he told me.

But as Patrick Meyer, the head union negotiator in Kaukauna, says in a video, “morale has been terrible” in the district. Might teachers be spread too thin now? “Elementary teachers already teach seven hours a day,” says Arnoldussen. “That’s a horrible argument. I mean, come on. Six classes at 50 minutes.”

If morale is down, interest in teaching at Kaukauna isn’t. An opening for an elementary teacher attracted “over 500 applicants,” says Arnoldussen. “So you obviously have a huge amount of people that really want to work for Kaukauna .  .  . under our noncollective bargaining agreement.”

Just three weeks after Walker’s budget went into effect, its sweeping success is already apparent. But will it be enough to spare the six Republican state senators who face recall elections on August 9? Whether or not the Democrats gain the three seats they need to take over the senate, Walker’s collective bargaining success won’t be undone anytime soon. But a victory could embolden Democrats, who are gearing up for a recall election against Walker as early as the spring of 2012.

“I don’t think they think the sky’s going to fall,” says Emily Koczela of Brown Deer residents, who will vote in the recall election of Republican state senator Alberta Darling.

As for the teachers, “some of them will feel better in a year or two.” Koczela says the union told them that “this is all a sham. There isn’t really a budget shortfall. If we just all stop giving tax breaks to wealthy corporations you’ll all be fine.”

“They didn’t know who was lying to them.” But soon enough they will.

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Tuesday, October 05, 2010

On the Issues with Mike Gousha: More Speakers

Tuesday, October 12, 12:15 p.m., Marquette Law School, Eckstein Hall

Milwaukee Public Schools Superintendent Gregory Thornton—The future of the state’s largest school district will be the topic when the city’s new superintendent visits the Law School. Dr. Thornton will offer his thoughts on improving academic performance in MPS and on stabilizing the district’s fiscal situation.

Reserve your spot now.

Tuesday, November 16, 12:15 p.m., Marquette Law School, Eckstein Hall

Wisconsin Governor Jim Doyle

Reserve your spot now.

Questions? Please email or call (414.288.3167).

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Tuesday, September 14, 2010

On The Issues for Fall, 2010

We have regularly blogged on the Marquette Law School “On the Issues” series.

We are a great fan of it. It is (first) ideologically balanced, giving equal time to Democrats and Republicans, liberals and conservatives. And (second) Mike Gousha, who puts the series together, has the ability to get imporant “movers and shakers” to come and speak.

Here is the schedule for this fall: If the past is any guide, other programs will be added, so regularly checking the series website regularly would be a good idea.

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Tuesday, August 18, 2009

“On the Issues” at the Law School: Fall Schedule

Via e-mail:
Wednesday, September 2—U.S. Senator Herb Kohl—Wisconsin’s senior Senator visits the Law School to discuss health care reform and other important issues facing the nation. Kohl, a Democrat, was first elected to the Senate in 1988. Before entering the world of politics, he helped build his family-owned business, Kohl’s grocery and department stores. Senator Kohl is also the owner of the Milwaukee Bucks, the city’s professional basketball team. Noon to 1 p.m., Eisenberg Memorial Hall

Tuesday, September 8—Wisconsin’s Drunken Driving Laws—They are among the most lenient in the country, but is that about to change? As the state legislature prepares to go back to work, we’ll talk with two lawmakers pushing to toughen drunken driving laws in the state, Representatives Mark Gundrum (R-New Berlin) and Tony Staskunas (D-West Allis). 12:15 to 1:15, Room 325

Wednesday, September 16—Former U.S. Attorneys Steven Biskupic and Erik Peterson—These two former federal prosecutors will share their unique perspectives on a job that can be simultaneously rewarding, challenging, and politically charged. Biskupic served as U.S. Attorney in the Eastern District from 2002 to 2008. He is now a private litigator. Peterson was U.S. Attorney from 2006 to 2009 and now works for the Wisconsin Department of Justice. Both are Marquette Law School graduates. Noon to 1 p.m., Eisenberg Memorial Hall

Tuesday, October 13—Bradley Foundation President and CEO Michael Grebe—Join us for a wide-ranging discussion when this well-known attorney and civic leader visits the Law School. Grebe ran one of the nation’s largest law firms, Foley and Lardner, before joining the influential Bradley Foundation as its CEO. He has also long been active politically, overseeing national conventions for the Republican Party. In addition, Grebe is Chairman of the Greater Milwaukee Committee. 12:15 to 1:15, Room 325

Saturday, November 7—PBS NewsHour Senior Correspondent Judy Woodruff—Woodruff one of the nation’s most respected journalists, has covered politics and other news for more than three decades. Woodruff worked as a White House correspondent for NBC News and as an anchor and senior correspondent for CNN. Since joining PBS in 2007, Woodruff has played a key role in delivering the day’s news to millions of NewsHour viewers. 3 to 4 p.m., Room 325

Monday, November 23—USA Today Legal Affairs Correspondent Joan Biskupic—Biskupic is the author of the new book, American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia. The author of an earlier biography about retired Justice Sandra Day O’Connor, Biskupic was given unprecedented access to Justice Scalia. She’ll discuss her new book and her perspective on the nation’s highest court, which she has covered since 1989. Biskupic received a law degree from Georgetown University. She received her undergraduate degree at Marquette. Noon to 1 p.m., Eisenberg Memorial Hall
We have consistently lauded this speakers series at the Law School. Mike Gousha has a history of getting speakers who are important people, “movers and shakers,” people with something interesting to say, and people representing liberal and conservative (as well as ideosyncratic) points of view.

He continues in that tradition.

You can go to the registration page and reserve a place. You’ll be asked whether you are Marquette faculty, a Marquette lawyer, a Marquette student, or “other.” “Other” -- meaning members of the Milwaukee community, are quite welcome.

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Friday, March 20, 2009

Poll on Doyle’s Budget Proposals

From the new MacIver Institute, a poll on Governor Doyle’s budget plan.

While the McIver Institute is an avowedly free market and limited government “think tank,” the poll appears to be quite fair. For example, most of the questions are in a “balanced” format, where respondents are asked to chose between two alternatives, rather than presented with a single alternative (which usually results in a large percentage agreeing with whatever proposition is offered).

The poll, for example, tells respondents what (1.) “Some say the best way to cut Wisconsin’s six billion dollar budget deficit is Governor Doyle and the legislature should focus on cutting spending and only increase taxes as a last resort,” and then that (2.) “Others say the best way to cut Wisconsin’s six billion dollar budget deficit is Governor Doyle and the legislature should focus on raising taxes and cut spending only as a last resort.”

When asked to chose between the two, alternative (1.) -- cutting taxes -- was preferred by 83% to 15%.

By 62% to 33%, the public said that Doyle should keep his promise to lay off 10,000 state workers. (One could argue that it biases things to tell respondents that Doyle has promised this.)

Not all responses are what a limited government person would want. Respondents said they “favored” rather than “opposed” the fact that “Governor Doyle’s budget will create a new 7.75 percent tax on individuals making more than $225 thousand dollars and couples making more than $300 thousand dollars,” and did so by 62% by 35% majority. Selfishness likewise shows its face when 53% said they favored the fact that “Governor Doyle’s budget creates a new $95 million dollar sales tax on Wisconsin products sold to out of state buyers.”

Results like this tend to legitimate the survey.

Robust majorities opposed Doyle’s proposal for new state government workers, and the fact that “Governor Doyle’s budget gives taxpayer funded health care benefits to the unmarried partners of state and university employees.”

All in all, the survey should stiffen the backbones of Republicans in the state legislature, and give some Democrats in swing districts something to think out.

This is most certainly a valuable maiden project for the MacIver Institute.

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Sunday, January 25, 2009

On the Issues at the Law School: Update

The updated schedule of the Marquette Law School series “On the Issues with Mike Gousha.”
  • Thursday, January 29—Attorneys and former judges Michael Brennan and John Franke—How do judges view trial lawyers? We’ll hear the unique perspective of former Milwaukee County Judges Brennan and Franke, who are returning to careers as trial lawyers with the Milwaukeean firm of Gass, Weber and Mullins. We’ll also learn more about their decision to leave the bench to take on new challenges. 12:15 to 1:15 p.m., Room 325, Law School, Sensenbrenner Hall

  • Tuesday, February 10—Milwaukee’s Sick Leave Ordinance—Supporters say it will improve the lives of families and workers. Critics say it will seriously damage Milwaukee’s ability to attract and retain businesses. On the day the city’s new sick leave ordinance is scheduled to take effect, we’ll discuss the pros and cons of the new law. Our guests will be Amy Stear, the Wisconsin Director of 9to5 National Association of Working Women, and Metropolitan Milwaukee Association of Commerce President Tim Sheehy. The MMAC is challenging the ordinance, which requires employers in Milwaukee to provide their employees with up to nine paid sick days each calendar year. Join us at the Law School for this timely debate. 12:15 to 1:15 p.m., Room 325, Marquette Law School.

  • Tuesday, February 17—U.S. Congressman Paul Ryan—With the nation facing its most serious economic downturn since the Great Depression, we’ll talk with Congressman Ryan about the road to recovery and the nation’s exploding debt. A Republican from Janesville, Wisconsin, Ryan has been called one of the “rising stars” in Washington. His recent “Roadmap to the Future” proposal to reform federal entitlement programs won him praise from both Republicans and Democrats alike. Congressman Ryan, currently serving his fifth term as a member of Congress, is the ranking member of the House Budget Committee. He also serves on the House Ways and Means Committee. Ryan was first elected to Congress at the age of 28. He was re-elected to a fifth term in November. 12:15 to 1:15 p.m., Room 325, Marquette Law School.

  • Tuesday, March 17—Former Detroit Mayor and Former American Bar Association President Dennis Archer—A highly respected attorney and public policy leader, Mr. Archer will discuss his legal career and the challenges facing American cities during his Law School visit. Archer was Mayor of Detroit from 1993 to 2001, winning high marks for the city’s economic development efforts during that period. Chairman of Detroit’s Dickinson Wright law firm, Archer also made history in 2003, when he became the first African-American president of the American Bar Association. He is a former Michigan Supreme Court Justice and has the distinction of having been appointed legal guardian for civil rights pioneer Rosa Parks and helped settle her estate. 12:15 to 1:15 p.m., Marquette Law School, Room 325
The schedule has changed a bit from the one we previously published. Baseball Commissioner Bud Selig has been dropped from the web page of forthcoming events, since his talk has attracted about 150 registrants, and there is simply no more space. Selig will indeed be speaking on February 3. An extremely interesting forum on the Sick Leave Ordinance has been added.

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Monday, January 05, 2009

Spring Semester Speakers At Law School

From the continuing Law School series “On the Issues with Mike Gousha.”
Wednesday, January 21 — Milwaukee Police Chief Edward Flynn—When he arrived in Milwaukee last January, one of Chief Flynn’s first public appearances was at Marquette Law School, where he laid out his strategy for reducing crime. Today, violent crime is down dramatically in the city. What worked and why? And do residents feel their community is safer? Find out when the Chief returns to the Law School for a candid assessment of his first year on the job. Noon to 1 p.m., Eisenberg Memorial Hall, Law School, Sensenbrenner Hall

Thursday, January 29 — Attorneys and former judges Michael Brennan and John Franke—How do judges view trial lawyers? We’ll hear the unique perspective of former Milwaukee County Judges Brennan and Franke, who are returning to careers as trial lawyers with the Milwaukeean firm of Gass, Weber and Mullins. We’ll also learn more about their decision to leave the bench to take on new challenges. 12:15 to 1:15 p.m., Room 325, Law School, Sensenbrenner Hall

Tuesday, February 3 — Baseball Commissioner Bud Selig—He is one of the most powerful men in the world of sports. Since becoming Commissioner, Selig has been a catalyst for change in the nation’s pastime. Join us when this Milwaukee native visits the Law School to discuss the challenges facing baseball, the relationship between players and owners, and the value of professional sports franchises to cities. 12:15 to 1:15 p.m., Room 325, Law School, Sensenbrenner Hall
People who want to come need to sign up at this web page. Usually, there are ample seats, but particularly popular events can sometimes fill up.

This speakers series has been a particularly successful one, largely for three reasons: (1.) it has been ideologically balanced, with about an equal number of liberal and conservative speakers, (2.) Gousha has the local visibility and stature to recruit Wisconsin’s “movers and shakers” -- people worth seeing close up, and (3.) the typical format involves Gousha interviewing the speaker, and Gousha is a good interviewer.

More speakers will doubtless be scheduled for spring semester.

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Wednesday, March 26, 2008

Feminist Discussion of Women in Politics Tonight

It has not been well publicized, but (although we are likely to disagree with a lot that is said) this looks to be an interesting discussion:
Women and Politics Panel!

Where: AMU 157

When: Wednesday, March 26, 7:00-8:00 p.m.

Come hear JoAnne Anton, Janet Boles, and Lauren Demshar discuss women in politics from a variety of perspectives and join in the talk-back session!
Note that Lauren Demshar has been substituted for Jackie Boynton, who had to cancel.

Expect the program to start with a Powerpoint discussion of the supposed “double-standard that women in power face.” Then Boles and Anton will speak very briefly (five to eight minutes), followed by discussion. The entire program is intended to go on for an hour or so.

We are tied up tonight, or we would be inclined to go and throw a stink bomb into the proceedings by asking a critical question or two, as we did in an earlier discussion of rape.

Maybe somebody else will do that, but regardless, it’s doubtless going to be interesting for anybody interested in Wisconsin politics.

[Correction]

JoAnne Anton, and not Jackie Boynton, had to cancel. We regret the error.

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Tuesday, February 12, 2008

Election 2008: Wisconsin Will Matter

Pundits have a poor history in this election season, but their bad luck can’t continue forever. So here we present one of the best, Charlie Cook, who is perhaps the top election handicapper in the nation. This is from his “Off to the Races” e-mail list.
With Obama’s sweep this past weekend, he has effectively pulled even with Clinton in the delegate battle and he is building a formidable advantage in money. If Obama’s fundraising remains at this level for long, that alone could change the delicate balance in this evenly matched contest.

Obama was expected to win the bulk of the delegates in the Nebraska and Washington state caucuses as well as the Louisiana primary, although his victory in the Maine caucus was considered to be less of a cinch. He is also expected to prevail in today’s Chesapeake primaries in Washington D.C., Maryland and Virginia.

This should give Obama a respectable advantage over Clinton in terms of delegates. But Clinton is expected to be strong in Ohio and Texas on March 4, which should swing the delegate advantage back to her, albeit narrowly.

Given Obama’s fundraising, wins this past weekend and likely strength today, he is very likely to end up the Democratic nominee if he can diminish or even thwart Clinton in Ohio and Texas.

With more than half of the pledged delegates to the Democratic convention already picked, and given the vagaries of the proportional representation system Democrats use, it’s hard to build up a significant delegate lead. But once a lead is built, it is very difficult to overcome.

Colby College political scientist and delegate selection expert Anthony Corrado calls Wisconsin’s Feb. 19 primary “the gateway to Texas and Ohio.” Indeed, Wisconsin will likely play a decent-size role, as it bridgestoday’s primaries and the March 4 Buckeye and Lone Star state primaries.

If Obama’s winning streak continues through Wisconsin, it’s entirely plausible that his momentum going into Ohio and Texas will prevent Clinton from having a sorely needed victory week. Should that happen, it would be quite hard for Clinton to get back in the race.

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Monday, January 14, 2008

State Supreme Court Candidate Gableman At Marquette Tomorrow

From an e-mail sent to the Marquette community by the Office of Marketing and Communication:
Law School hosting forum with Michael Gableman

State Supreme Court candidate Michael Gableman is the next guest for “On the Issues with Mike Gousha” at the Law School. Gableman will discuss his judicial philosophy and whether judicial campaigns should look like other political campaigns on Tuesday, Jan. 15, from 12:15 p.m. to 1:15 p.m. in room 325 of Sensenbrenner Hall, 1103 W. Wisconsin Ave.

Gableman, a Burnett County Circuit Court judge, is running against Justice Louis Butler in the upcoming election. He is a former district attorney, administrative law judge, adjunct professor of law, deputy corporation counsel, private practice attorney and teacher. Justice Butler appeared at the Law School in November; a podcast of his appearance is available online.

Visit the Law School Web site for more information and to register.
We probably won’t be able to live blog he event.

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Justice Louis Butler: Judicial Activist

Via GOP3.COM, and excellent piece of analysis from Daniel Suhr of the “jurisprudence” of Wisconsin Supreme Court Justice Louis Butler, who is running for reelection.

Suhr reviews several controversial cases, and finds Butler acting more like a liberal legislator than a judge.

He sums up the case for Butler’s judicial activism thus, and lists the cases where we see it:
Arrogance Over Deference

Justice Butler often substitutes his own judgment for that of another institution when that institution is entitled by law to deference.
Failure to defer to the trial court – Love, Armstrong, Dubose, Shomberg

Failure to defer to the legislature – Trujillo, Kohn, Diana P., Max G.W., Kolupar

Failure to defer to the U.S. Supreme Court – Knapp, Dubose, McGrew

Failure to defer to a government agency – Johnson, Meyers, Szleszinski

Overturning Precedent

Justice Butler often fails to show appropriate respect for the Court’s decisions in past cases. Trujillo, Knapp, Dairyland, Bartholomew

Acting Like a Legislator

Justice Butler often fails to respect the constitutional and practical limitations of the judicial office.

Extensive citations to non-legal authorities – Dubose, Shomberg, Thomas

Moral outrage substituted for sound legal reasoning – Thomas, Jones
The election is going to be a real donnybrook, which Butler being supported by a range of interests who like his legislation.

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Monday, February 19, 2007

Vote Tomorrow!

Yes, it’s a crazy time to hold an election, but tomorrow is the primary election for the Wisconsin Supreme Court.

Via Sykes Writes, a rundown on the two significant candidates.

Bottom line: it’s a contest between a liberal activist would-be judge (Linda Clifford) and a conservative judge (Annette Ziegler).

Governor Jim Doyle has endorsed Clifford. That’s pretty much all you need to know.

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