Here & Now

Judge Joe Donald Discusses His Supreme Court Candidacy

FREDERICA FREYBERG:
WISCONSIN’S SPRING ELECTION DAY IS APRIL 5. TONIGHT WE BEGIN OUR SERIES OF INTERVIEWS WITH CANDIDATES RUNNING FOR STATE SUPREME COURT. WE BEGIN BY INTRODUCING YOU TO MILWAUKEE COUNTY CIRCUIT COURT JUDGE JOE DONALD. JUDGE DONALD WAS APPOINTED TO HIS CURRENT POSITION BY GOVERNOR TOMMY THOMPSON IN 1996. HE’S BEEN REELECTED FOUR TIMES SINCE. HE CURRENTLY PRESIDES IN THE CRIMINAL DIVISION, BUT HAS ALSO SERVED IN CIVIL, PROBATE, HOMICIDE, SEXUAL ASSAULT AND AS CHIEF JUDGE OF CHILDREN’S COURT. JUDGE DONALD JOINS US NOW FROM MILWAUKEE. JUDGE, THANKS VERY MUCH FOR BEING HERE.

JOE DONALD:
THANK YOU. I’M DELIGHTED TO BE HERE.

FREDERICA FREYBERG:
WHY ARE YOU RUNNING FOR STATE SUPREME COURT?

JOE DONALD:
I’M RUNNING TO BRING INDEPENDENCE AND FAIRNESS TO OUR COURT. I’M RUNNING TO REESTABLISH INTEGRITY IN OUR COURT. I’M CONCERNED ABOUT SOME ISSUES SURROUNDING OUR COURT. I THINK IT’S IMPORTANT THAT WE HAVE A TRULY FAIR AND BALANCED COURT. AND I’M RUNNING TO BRING MY EXPERIENCE, MY REPUTATION, MY KNOWLEDGE OF THE LAW TO ENSURE THAT WE HAVE A COURT THAT PEOPLE HAVE FAITH IN.

FREDERICA FREYBERG:
WHAT CONCERNS DO YOU HAVE ABOUT THE HIGH COURT THAT YOU THINK YOU COULD ADDRESS?

JOE DONALD:
WELL, I THINK PRIMARILY — AND EVERYONE HAS SORT OF TALKED ABOUT SOME OF THE ISSUES, SOME OF THE SORT OF DYSFUNCTION THAT HAS BEEN REPORTED ON THE COURT. I THINK THOSE ARE CONCERNS BECAUSE I THINK THAT THAT INTERFERES WITH ENSURING THAT WE HAVE RULINGS THAT PEOPLE BELIEVE IN AND HAVE INTEGRITY IN. AND SO I’M HOPING THAT MY EXPERIENCE, MY ABILITY TO GET ALONG WITH OTHERS, MY ABILITY TO DISCUSS AND DEBATE ISSUES WILL ENSURE THAT OUR COURT WILL MAKE DECISIONS AND RULINGS THAT PEOPLE HAVE FAITH IN.

FREDERICA FREYBERG:
SO YOU DON’T THINK THAT WISCONSIN IS KIND OF PAST THE RECENT DESCRIPTION OF THE HIGH COURT BEING DYSFUNCTIONAL?

JOE DONALD:
WELL, I BELIEVE WHAT HAPPENS IS IS THAT THERE ARE INFLUENCES ON THE COURT THAT CONCERN ME. INFLUENCES IN TERMS OF A POLITICAL NATURE, INFLUENCES IN TERMS OF SPECIAL INTEREST GROUPS. AND I THINK THAT THOSE INFLUENCES, UNLESS THEY ARE HELD IN CHECK, WILL CONTINUE TO AFFECT OUR COURT. AND SO I’M RUNNING TO ENSURE THAT OUR COURT REMAINS PRINCIPLED, BALANCED AND FAIR.

FREDERICA FREYBERG:
HOW DOES YOUR EXPERIENCE PREPARE YOU TO BE A SUPREME COURT JUSTICE?

JOE DONALD:
WELL, I’VE CONDUCTED CLOSE TO 300 OR 400 JURY TRIALS. IN FACT, I THINK BEING A TRIAL COURT JUDGE ALLOWS ME TO AT LEAST APPRECIATE THE ISSUES THAT THE COURTS ARE DEALING WITH AND CRAFTING DECISIONS THAT WILL ASSIST OUR TRIAL COURT AND THE BAR IN TERMS OF HOW TO DEAL WITH THE LEGAL QUESTIONS OF THE DAY.

FREDERICA FREYBERG:
SO HOW WOULD YOU COMPARE YOUR QUALIFICATIONS TO YOUR CHALLENGERS?

JOE DONALD:
WELL, I BELIEVE I AM THE MOST INDEPENDENT AND MOST EXPERIENCED JURIST OF ALL THE CANDIDATES. AND I FEEL THAT THAT WILL RESONATE WITH THE VOTERS AND WILL ALLOW OUR COURT TO ACTUALLY FUNCTION PROPERLY.

FREDERICA FREYBERG:
HOW DOES YOUR INDEPENDENCE KIND OF MANIFEST? I MEAN, WHAT DOES THAT MEAN?

JOE DONALD:
WELL, THAT MEANS THAT I’M ABLE TO BRING IN DIFFERENT VIEWS, DIFFERENT PERSPECTIVES. AS YOU INDICATED, I WAS APPOINTED IN ’96 BY TOMMY THOMPSON. I’VE BEEN ENDORSED BY DEMOCRATIC CANDIDATES AS WELL. AND BECAUSE OF THAT BALANCE AND THAT ABILITY TO TALK TO ALL SIDES, I THINK THAT THAT WILL ASSIST OUR COURT IN ENSURING THAT WE HAVE DECISIONS THAT EVERYONE UNDERSTANDS AND CAN USE IN THEIR ABILITY TO AT LEAST ADDRESS ISSUES OF LAW, ISSUES OF — AND THOSE ISSUES THAT APPLY TO OUR JURISPRUDENCE.

FREDERICA FREYBERG:
NOW, IF ELECTED YOU WOULD BE THE FIRST AFRICAN-AMERICAN ELECTED TO THIS HIGH COURT. HOW IMPORTANT IS THAT TO YOU?

JOE DONALD:
WELL, FREDERICA, I THINK THAT THAT IS VERY IMPORTANT. I THINK THAT MY WHOLE LIFE I HAVE WORKED HARD TO ACHIEVE THINGS IN MY LIFE, AND I HAVE NOT ALLOWED RACE TO BE A FACTOR OR AN EXCUSE. BUT I THINK IT DOES SAY SOMETHING WHEN WE CAN MOVE BEYOND RACE. AND IT SAYS SOMETHING WHEN AN AFRICAN-AMERICAN CAN BE ELECTED TO OUR COURT. AND IF I DO THAT, I WILL BE THE FIRST IN THE HISTORY OF THIS STATE. AND I THINK THAT THAT’S AN HISTORIC EVENT.

FREDERICA FREYBERG:
NOW, YOU DESCRIBE — ACTUALLY, WE’VE SPOKEN ABOUT YOUR INDEPENDENCE, BUT YOU SUPPORT ALTERNATIVES TO JAIL AND PRISON. WHY?

JOE DONALD:
WELL, I THINK BECAUSE WE SPEND A GREAT DEAL OF MONEY ON OUR CORRECTIONS SYSTEM — AND I UNDERSTAND AND APPRECIATE THE IMPORTANCE OF ENSURING THAT WE LOCK UP DANGEROUS PEOPLE. BUT THERE’S A LOT OF PEOPLE THAT ARE IN THE SYSTEM THAT WE ARE SIMPLY JUST MAD AT OR ANNOYED WITH. AND I THINK THAT WE CAN DO BETTER. WE CAN BE SMARTER. AND I BELIEVE THAT THE POLICIES THAT I HAVE PUT FORTH ARE ACTUALLY ONES THAT ARE RIGHT ON CRIME. I THINK IT’S IMPORTANT TO ENSURE THAT WE CHANGE BEHAVIOR THROUGH TREATMENT COURTS. I LIKE TO CALL IT THERAPEUTIC JURISPRUDENCE, SO THAT WE PREVENT PEOPLE FROM COMING INTO THE SYSTEM. I THINK IT JUST MAKES SENSE.

FREDERICA FREYBERG:
DOES THAT SET YOU UP FOR CRITICISMS OF BEING SOFT ON CRIME?

JOE DONALD:
WELL, AND I’VE HEARD THOSE CRITICISMS. I THINK THAT SOME OF THAT IS JUST TO KIND OF MARGINALIZE ME. BUT I THINK OF ALL OF THE CANDIDATES, I’M THE ONLY ONE THAT’S ACTUALLY HAD TO SENTENCE PEOPLE. SO I’M NOT SURE WHERE THAT COMES FROM. I THINK THAT THAT’S JUST A BELIEF OR NOTION TO TRY, AS I INDICATED, TO JUST MARGINALIZE AND ATTACK JUDICIAL INDEPENDENCE. I’VE IMPOSED SUBSTANTIAL CONFINEMENT TO THOSE INDIVIDUALS WHO ARE DANGEROUS. I’VE ALSO WORKED WITH INDIVIDUALS IN GIVING THEM OPPORTUNITIES TO TRANSFORM THEIR LIVES SO THAT THEY DON’T COME BACK INTO THE CRIMINAL JUSTICE SYSTEM. I DON’T THINK IT’S NECESSARILY AN ISSUE OF HOW MUCH TIME YOU GIVE SOMEONE, BUT IF YOU GIVE THEM A PUNISHMENT OR RETRIBUTION SUCH THAT IT CHANGES THEIR BEHAVIOR, THEN THAT’S WHAT COUNTS. THAT’S WHAT’S EFFECTIVE.

FREDERICA FREYBERG:
JUDGE JOE DONALD, THANKS VERY MUCH.

JOE DONALD:
THANK YOU.