Here & Now

Dallet Discusses Her Experience, Candidacy For Supreme Court

Frederica Freyberg:

We move now from state capitol politics to the race for state Supreme Court and our series of interviews with candidates running in the February primary. Candidate Tim Burns and candidate Michael Screnock have appeared in recent programs. Tonight we speak with Rebecca Dallet. Judge Dallet has presided as a Milwaukee County Judge since her election in 2008. Prior to that, she spent 11 years as an assistant district attorney in Milwaukee County. I spoke to Judge Dallet earlier. Judge Dallet, thanks very much for joining us.

Rebecca Dallet:

Thank you for having me.

Frederica Freyberg:

Well, first, of course, we just want to ask why are you running for Supreme Court justice?

Rebecca Dallet:

I'm running for Supreme Court justice, Frederica, because our rights are under attack, our civil rights. Every day, tweet by tweet. Our right to clean air and water. Our right to equal protection, women’s rights. And we’ve got a broken Supreme Court. And what we need is someone with experience and values to stand up and repair that court. I have been a judge for a decade, a prosecutor for more than a decade, really fighting for our rights in court. And I want to continue that fight on our Supreme Court.

Frederica Freyberg:

Why do you believe that you would be the best among the candidates?

Rebecca Dallet:

Well, I really do think it comes down to experience. I have been, as I said, a prosecutor. I prosecuted sexual predator cases in two counties. And now as a judge for almost a decade, I have heard 10,000 cases, 230 jury trials, experience that is really unparalleled between me and my opponents. And experience matters. I hear the day-to-day struggles Wisconsinites face. I see moms like me struggling to make ends meet, yet still losing their houses. I see communities ravaged by our opioid crisis, by gun violence. And I see our neighbors who are trying to get back on the right track, yet trapped in a criminal justice system that needs some reform. And this kind of experience matters. This is experience that matters in terms of protecting our values and in terms of advancing policies that will level the playing field.

Frederica Freyberg:

Now, Judge Screnock says that the role of the high court is to interpret and apply the law and not to, “legislate from the bench.” He tells me that you do not share that view. What is your view, your so-called judicial philosophy? One of activism to enact social or political change or one of restraint?

Rebecca Dallet:

Well, the job of a judge, as I do it every day, is to apply the law. Understanding that the law involves our constitution and also involves the rights that we all care about and the rights that make Wisconsin great and those are the things that I hold dear and will protect, as I have, for my service in our courts.

Frederica Freyberg:

Well, is that legislating from the bench, as Judge Screnock would suggest?

Rebecca Dallet:

Well, we have our roles as judges. We are not a legislature. But we also have a duty to uphold the Constitution of both the United States and Wisconsin. And when that Constitution has been violated, that’s when we are a check on those legislators.

Frederica Freyberg:

And so what’s your reaction to Judge Screnock saying that you do not share his view of this just interpreting and applying the law as written?

Rebecca Dallet:

Well, my response to that is that I — again, I go back to the experience that I have had every day in our courts. I have been working as a judge for almost a decade, which is a very long time, much longer than my one opponent who is not a judge and Judge Screnock, and really I know what it’s like every day to look at the facts, to apply the law and to reach decisions that are fair and just and to make sure that we have a level playing field for everyone in our state.

Frederica Freyberg:

Now, another of your challengers running for the seat openly brings his progressive politics to the race and says that it is a fairytale that Wisconsin justices are apolitical. What’s your response to that?

Rebecca Dallet:

I go back to the fact that the two things that matter in this race are values and experience. And I am the only candidate that has both of those. The values that we need to protect the things we hold dear, the things we — that we care about that make our state great and the experience to actually stand up and protect those rights.

Frederica Freyberg:

What's your position on whether Wisconsin justices should have to recuse themselves from cases involving those who give them money during campaigns?

Rebecca Dallet:

I feel very strongly that we need a strong recusal rule in our state. We need to be confident in our courts. The fact that millions of dollars were spent on buying a justice or justice in the past, where justices did then not recuse themselves when that money was sitting in front of them as a party in the case. That is a symptom of a broken system. And I feel strongly we should have a recusal rule in the state.

Frederica Freyberg:

So even though under current rules you would not be required to recuse, would you in those cases if someone came before you that had contributed to your campaign?

Rebecca Dallet:

Where there are massive amounts of money spent on a candidate, absolutely there should be recusal of that candidate to make sure that everyone understands that our courts are fair and places where people can get justice.

Frederica Freyberg:

So interestingly you said when there are massive amounts of money, which of course there’s been a lot of money in these court campaigns, but what’s the definition of that for you?

Rebecca Dallet:

Well, we need to have a hearing. That’s the first thing we need to do. And there was a petition put forward by judges to have a hearing in front of the Supreme Court to let’s talk about what that means, exactly what you’re asking. And instead of having a hearing, the Supreme Court refused to have a hearing and then the Supreme Court put those hearings in secret. And now those hearings, those rule hearings that used to be public are no longer public. So we’ve got to start by having a hearing. Let’s have input from the people in our community who care.

Frederica Freyberg:

Very quickly, lastly, which sitting Wisconsin Supreme Court justice do you most admire?

Rebecca Dallet:

I most admire Ann Walsh-Bradley. I admire her ability to make sure we keep the courts fair and just in upholding the law. And I admire her. I also want to add as well I've gotten great support from judges across the state, over 175 at this point, and I think that that is something that speaks highly to my being the most qualified for this position.

Frederica Freyberg:

Thank you very much.

Rebecca Dallet:

Thank you.

Frederica Freyberg:

The primary election for the state Supreme Court race is February 20.