Wisconsin Supreme Court: Help Wanted
The state will host a record fourth consecutive open seat race for the office in 2027
Wisconsin Supreme Court Justice Annette Ziegler’s announcement this week that she would not seek a third 10-year term in April 2027 means the Badger State will host its fourth consecutive open seat election for the office next year.
An unprecedented string of retirements on the Court have led to open seats in six of seven elections since Ziegler’s win without opposition in 2017: retirements by Michael Gableman (2018), Shirley Abrahamson (2019), Pat Roggensack (2023), Ann Bradley (2025), Rebecca Bradley (2026), and Ziegler (2027). [Justice Daniel Kelly was unseated by Dane County Circuit Court Judge Jill Karofsky by double digits in 2020].
By comparison, there were only 16 open seat contests out of 117 elections held from 1860 through 2017 (excluding four newly created seats when the Court was expanded).
Prior to next month’s election between Wisconsin Court of Appeals judges Chris Taylor and Maria Lazar, Wisconsin had never conducted more than two consecutive open seat elections to the Supreme Court since statehood.
The only back-to-back open seat elections were previously held in:
- 1961 (retirement of Chief Justice John Martin) and 1963 (resignation of Grover Broadfoot)
- 1977 (death of Horace Wilkie) and 1978 (retirement of Robert Hanson)
- 1980 (retirement of Connor Hansen) and 1983 (retirement of Bruce Beilfuss)
- 1995 (retirement of Nathan Heffernan) and 1996 (retirement of Roland Day)
[The 1852 cycle, which created a new three-seat Supreme Court, also technically had two open seats].
It is little wonder there have been so few open seat races over the decades. Wisconsin Supreme Court justices have been defeated only nine times since statehood (including an 1852 matchup between two sitting justices – Edward Whiton and Charles Larrabee).
Depending on Justice Rebecca Dallet’s reelection plans in 2028, there will be at least an eight-year gap without an incumbent justice on the ballot in Wisconsin. That is the longest stretch in state history.
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Some of the “nine justices” were initially appointed by the governor. Thus, even fewer initially elected justices had been defeated in their re-election bids.
Daniel Kelly was appointed in *2016* – one of if not the longest time span between the initial gubernatorial appointment and the first retention bid of a justice of the seven-member court (per ‘one election each year’ provision of the WISC election, perhaps the only State that has such).
Ms. Bradley chose to stand down most likely due to the makeup of the court; unlike former Chief Justices “Pat” Roggensack or A K Ziegler she can not credibly claim lengthy tenure or advanced age as her decision to leave. Will Brian Keith Hagedorn, a conservative compared to the four “rogue justices” (A W Bradley/Crawford, Dallet, Karosfky, Protasiewicz) but with an occasional centrist tendency in contrast to Rebecca Bradley, follow suit when his term is up in ’29?
Indeed – five of the nine failed candidacies by incumbents were appointed and standing for election for the first time: Robert Bashford (1908), James Rector (1947), Emmert Wingert (1958), Louis Butler (2008), and Daniel Kelly (2020)
Not only 4 consecutive open seats but like you said, 7 consecutive newbie’s. If Rebecca Dallet is reelected in 2028 she’d be the 1st incumbent reelected since 2017. On April 7th, those in WI, VOTE like your lives depend on it.