Here & Now

Justice-Elect Jill Karofsky on her Victory

Frederica Freyberg:

The results of the controversial spring election in Wisconsin grabbed headlines this week. Most notably, an upset win in the Wisconsin Supreme Court race. Daniel Kelly became only the third incumbent justice to lose his seat on the court since 1967 and there could be repercussions for the November elections. Dane County Judge Jill Karofsky rode a wave of democratic support to win a ten-year term, cutting the conservative majority in the top court. It now stands at 4-3. Justice-Elect Jill Karofsky joined us from her home in Madison. And Justice-Elect, thanks very much for being here.

Jill Karofsky:

Thank you so much for having me. It’s really wonderful to be with you.

Frederica Freyberg:

And I suppose we should say congratulations.

Jill Karofsky:

Thank you. I’m very, very humbled, and I’m honored that I’m going to be the next justice on the Wisconsin State Supreme Court.

Frederica Freyberg:

Now, on election return day, you declared victory long before the Associated Press called the election for you. What were the early indicators that you had won?

Jill Karofsky:

We knew that we were holding our own as far as the margins in the WOW counties of Waukesha, Ozaukee and Washington. We knew that we were winning in Winnebago. That we were winning in Brown, and that we’re winning in Outagamie, which I guess now are called the BOW Counties. So we were doing — holding our margins in the WOW counties, and we were doing well in the BOW counties. We also knew that the votes in Milwaukee, in the County of Milwaukee and the city of Milwaukee and Dane County, and particularly Madison, had not come in yet. And then we were also starting to see really strong returns from southwestern Wisconsin, especially in places like La Crosse.

Frederica Freyberg:

Do you feel as though your victory over the incumbent, who was endorsed by Donald Trump, is a bellwether for liberals in November?

Jill Karofsky:

I think our election is an indicator that people in the state of Wisconsin heard the message of our campaign and that they want State Supreme Court justices who are committed to following the rule of law. I don’t know what’s going to happen in November or beyond, but I know that in this election that despite efforts to suppress the vote, people voted and they came out strong. We won by over 10 points. The message was loud and it was clear that people wanted a change on the court.

Frederica Freyberg:

Now, as you’ve just said, people came out to vote in places like Milwaukee, even in the face of COVID-19. What is your kind of lingering response to that?

Jill Karofsky:

First of all, we never should have had an election on April 7th. People never should have been put in the position where they had to choose between their own health and safety and voicing their vote, having their voice heard in this election. But people were willing to do that. People braved COVID-19. They wore masks and they wore gloves and they went to the polling places. And looking at those pictures made me cry. Thinking about those pictures right now makes me feel very, very emotional for what those people did. It is clear that what people want on this is — in this state is a court that is not partisan, but a court that has justices on it who are committed to following the law.

Frederica Freyberg:

In the midst of this pandemic, would you support moving to mail-in voting in lieu of in-person going forward?

Jill Karofsky:

I think, and I’ve said this in the campaign, that we need to do whatever we can to try to make it easier for people to participate in elections and not more difficult for people to participate in elections. And, like I said, we shouldn’t have had an election on April 7th. We should have had an election where people could exercise their right to vote in a way that would be safe for them and safe for members of their family, and we didn’t have that.

Frederica Freyberg:

How do you expect to grow collegiality on the court, especially given animosity born of this past election?

Jill Karofsky:

I don’t think it’s going to be a problem. Several of the justices have already reached out to me. I think, like I have said before, there are going to be areas where we agree. There are going to be areas where we disagree. But I’m looking forward to the social distancing being over so I can sit down with each of my colleagues over a cup of coffee or a good Wisconsin beer and we can put our differences aside so we can do the work that the people of Wisconsin elected us to do.

Frederica Freyberg:

This question on your campaign, the Democratic Party gave you $1.3 million. Do you believe you would have to recuse in any case that came before the court involving the party?

Jill Karofsky:

I have said, and I will keep this promise that if the Democratic Party of Wisconsin is a litigant, is a party in a case that comes to the Wisconsin State Supreme Court, I will not sit on that case.

Frederica Freyberg:

Even with your election to the Supreme Court, conservatives still hold a majority. What does a more even split mean, if anything, for decisions to come?

Jill Karofsky:

I think that the court, with the way that it’s structured now, with the justices on it, I think that there are going to be lots of opportunities for us to have some incredibly meaningful and important conversations about what the law says, what the law means, and what our opinions ought to say. And I am really looking forward to having those discussions and to being part of those opinions from the court.

Frederica Freyberg:

All right. Well, Justice-Elect Jill Karofsky, thanks very much for joining us.

Jill Karofsky:

Thank you so much. I really appreciate it. Stay well.