Here & Now

James Daley Running For State Supreme Court Justice

Frederica Freyberg:

The only statewide election this spring is for Supreme Court. Incumbent Ann Walsh-Bradley will be challenged by James Daley, a Rock County Circuit Court Judge. Daley was first appointed Circuit Court Judge by Governor Thompson in 1989. Before that, he was elected Rock County District Attorney and took office in 1985. Daley received his law degree from Marquette University in 1981 and a bachelor’s degree from Carroll University in Waukesha. I started by asking why he should be elected over his incumbent.

James Daley:

It’s judicial philosophy. I’m not a judicial activist. I believe that the Rule of Law must be above personal beliefs, individual agendas or partisan politics. And I don’t believe my– the– my opponent has that philosophy. She’s an activist. And that’s the difference. I’m not an activist. She is.

Frederica Freyberg:

So how does that play itself out on the High Court?

James Daley:

An activist is one who believes that they’ve been put on the Court to analyze the things brought

before them. If they believe the Legislature has enacted something which they believe is– they don’t agree with, then they’re put there to correct the Legislature’s mistakes. And I believe the Legislature has constitutional authories granted which permits them to act in certain areas and same with the courts. And the courts are not legislators. And we are not supposed to transfer– make their legislative policy decisions substitute for our legislative policy decisions.

Frederica Freyberg:

So what would guide you on the Court?

James Daley:

The Constitution and the Rule of Law. Two things. Generally there’s case law, there’s statutory law. Case law is prior cases which have set the tests and established parameters upon which activities should be Judged. And statutory law should only be reversed on a constitutional

basis and that the test is “beyond a reasonable doubt.” That’s a pretty high test.

Frederica Freyberg:

Now, what is your response to this, because justice Bradley says that you’re labeling her like that, as a liberal activist and one who legislates from the bench, just means you don’t agree with her opinions.

James Daley:

I disagree with her philosophy. And her opinions can be judged by themselves. Thomas versus Mallett, the lead paint case. Ferdon versus the Patient Compensation Board, Again, both cases were really decisions which on one hand found an Act of the Legislature unconstitutional and to do so they had to change the test for unconstitutionality, lower the bar a bit so they could do that. And the other was throwing out several hundred years of established law. All to benefit a certain group of folks, which are the people who have filled her campaign coffers over the last three elections. Trial attorneys. And that’s wrong. She may believe that was the right thing to do, but under the tests which were established at that point in time, it was the wrong thing to do. Should have applied the tests as they were instead of changing the tests to get the results that you want.

Frederica Freyberg:

Now, we are always taught that judicial elections are nonpartisan, as is the judiciary itself. And so I wanted to ask you how that squares with you soliciting signatures for nominations from–with the Republican Party.

James Daley:

Okay. It is a nonpartisan election, but it is a statewide election. No Judge has a statewide apparatus in which to get nomination papers out. You need 2,000 to 4,000. You need some way of getting your message out to the electorate. Now, on the one hand, it could be raising a lot of money, like my opponent has done. But it’s still an in. It is using some sort of apparatus to get your message out. I’ll use any apparatus available to me. Now, that she would say that is kind of humorous, since her campaign manager is also concurrently the treasurer of the Democratic Party of the State of Wisconsin. I mean, we both have to use someone’s apparatus to get our message out. She’s doing it her way, and I’m doing it my way. That was getting nomination papers out. And I, frankly, have no ability being a County Judge in a nonpartisan election to get my message out to the voters.

Frederica Freyberg:

Did you use– did you ask the Democratic Party as well?

James Daley:

No. I’ve gone to people who asked me to speak to them, and I’ve been out speaking since October, and they’re the ones who said, “Sure, we’ll be happy to get your nomination papers out there.”

Frederica Freyberg:

Tell me a little bit about your experience and how it serves you toward being a Supreme Court Justice.

James Daley:

I started as a trial lawyer, at a law firm in Janesville. I was elected District Attorney three times back when it was a two-year term. I was appointed in 1989 by Governor Thompson to be the Circuit Court Judge in January. So I’ve got 26 years. I’ve been the presiding Judge for Rock County Courts, seven branches of Rock County Courts since 1998. I’ve been the District Judge for the 5th Judicial District, including Dane County, since August 1st of 2013. All that experience essentially says that I’ve got a lot of experience making decisions and leading

offices. I had 45 employees in the DA’s Office. As a Judge, I’m leading all the Judiciary in Rock County, together with related activities such as Family Mediation Program, Family Court Commissioner and so forth. And I also have 36 years of Military experience dealing with disparate people. I started out as an enlisted Marine Infantryman in Vietnam. I retired as a Brigadier General in the Army National Guard. So, I’ve had experience dealing with a lot of different people, trying to form goals which you can all agree on and together work toward accomplishing those goals, both as a Judge, as a District Attorney, and in the Military. I think I bring that to the table.

Frederica Freyberg:

Judge James Daley, thanks very much.

James Daley:

Thank you so much.