Milwaukee Journal Sentinel

ELECTION 2018 Burns keeps liberal views prominent in Supreme Court race

He says traditiona­l, nonpartisa­n approach is unfair to voters

- Patrick Marley Milwaukee Journal Sentinel USA TODAY NETWORK – WISCONSIN

MADISON – Tim Burns is doing what state Supreme Court candidates have long avoided — telling voters what he thinks of the issues of the day.

He fears the voter ID law disenfranc­hises minorities.

He believes the state’s $3 billion in- centive package for Foxconn Technology Group is a raw deal for taxpayers.

And Burns — who is advertisin­g that he’s a Democrat in the officially nonpartisa­n race — thinks the state’s high court has titled its decisions to corporatio­ns instead of the average person.

This isn’t normal. Typically, court candidates avoid overtly stating their political affiliatio­n or directly talking about issues that might come before them as justices — although they often provide hints about their leanings.

Burns contends the traditiona­l approach isn’t fair to voters and has contribute­d to liberals losing court races most of the time over the past decade. His opponents say his method of campaignin­g raises ques-

tions about his ability to be impartial and would bar him from hearing certain cases.

Burns is an attorney in the Madison office of the national law firm Perkins Coie who specialize­s in suing insurance companies. His opponents are Milwaukee County Circuit Judge Rebecca Dallet and Sauk County Circuit Judge Michael Screnock.

A Feb. 20 primary will narrow the field to two for the April 3 general election.

Dallet has been courting liberal and moderate voters while Screnock has cast himself as a conservati­ve. They are both critical of Burns’ campaign style.

“It’s not our tradition and it’s not our tradition for a good reason,” Screnock said in an interview. “The judiciary was never intended to be a political body.”

“I think he’s crossed the line multiple times and signaled how he would rule on myriad issues that could come before the court,” Dallet said in a statement.

Despite their criticisms, Dallet and Screnock have not entirely turned their backs on partisansh­ip. Like Burns, Dallet spoke at the state Democratic Party convention last year. Screnock has hired GOP consultant­s and is getting backing from the state Republican Party.

Burns says he wants to be straight with voters — and argued his opponents want to dodge questions.

“I made my political views clear because I think voters deserve candor when you vest people with this much power,” he said in an interview.

University of Minnesota Law School professor Herbert Kritzer said he does not think Burns’ identifyin­g himself as a Democrat would have much of an effect on the race because Wisconsin Supreme Court races have been politicize­d for so long that voters usually have a sense of the partisan support candidates are receiving.

“Wisconsin until 25 years ago had an extremely strong nonpartisa­n tradition and that has been dissipated, to put it mildly,” said Kritzer, who formerly was a professor at the University of Wisconsin Law School and has written papers comparing the high courts in Minnesota and Wisconsin.

Screnock said Burns has been so critical of corporatio­ns and the wealthy that he didn’t know how Burns could be impartial in cases involving them. He expressed similar sentiments about Dallet over comments she has made.

“I am concerned about the way both my opponents are campaignin­g,” Screnock said.

Dallet questioned whether Burns could hear cases involving Walker because of his attacks on the governor.

Burns has “made it clear that there are individual­s and parties that shouldn’t expect to get a fair shake in front of him, and that reduces confidence in the system,” Dallet said in her statement.

Dallet has shifted her approach in recent months. Last summer, Dallet declined to say who she voted for in the 2016 presidenti­al election, but recently debuted an ad that says President Donald Trump has “attacked our civil rights.”

Dallet has found fault with some of the same state Supreme Court decisions that Burns has, such as the ones upholding limits on collective bargaining, sustaining the state’s voter ID law and ending a John Doe investigat­ion of Walker’s campaign. She said there is a difference between talking about cases that have already been decided and those that could come before the court in the future.

“What I haven’t been doing, and what progressiv­e people are truly distressed by, is the politicizi­ng of our courts,” she said in her statement. “The right-wing has been doing it for years. And now Tim Burns is out here validating that.”

Burns said he thinks Dallet has altered her message to voters in response to his campaign but isn’t sure where she stands. He acknowledg­ed she has criticized some of the same decisions he has, but noted she endorsed Patience Roggensack — now the court’s conservati­ve chief justice — in 2013.

“I don’t know what she is because she’s not exercising the type of candor I exercise,” he said of Dallet.

When it comes to the issues, Burns often talks much as a Democratic candidate for the Legislatur­e would.

“I am deeply concerned that photo ID laws disproport­ionately affects people of color and folks who for instance are retired,” he said.

Similarly, he says he is “deeply troubled” by the Foxconn deal.

He said he is happy to talk about how he leans on issues, but added he hasn’t committed to voting a particular way on cases that could come before the court.

“I don’t think I’ve gone too far once,” he said. The U.S. Supreme Court in 2002 ruled that court candidates are free to talk about their views on issues. But the 5-4 decision by Justice Anton Scalia, a conservati­ve icon, did not resolve another question — whether judges who talk about issues can sit on cases addressing those issues, said Kritzer, the law professor.

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