Wisconsin Supreme Court and statewide referendum questions on April 4 ballot

By LeAnn R. Ralph

COLFAX — Two candidates are on the ballot for one position on the Wisconsin Supreme Court in the April 4 election.

Janet C. Protasiewicz and Daniel Kelly will be on the ballot.

Incumbent Supreme Court Justice Patience Roggensack is retiring after 20 years on the Supreme Court.

Protasiewicz is a Milwaukee County Circuit Court judge. 

Kelly previously served as a Supreme Court justice from 2016 to 2020. He ran unsuccessfully for another term on the Supreme Court in 2020.

The term of office for Wisconsin Supreme Court justice is 10 years.

Referendum questions 

Three referendum questions will be on the ballot statewide April 4.

During a video segment on the referendum questions that would change Wisconsin’s Constitution if approved by voters, Dunn County Circuit Court Judge James Peterson noted that the bedrock of the judicial system in the United States is that all defendants are considered innocent until proven guilty.

Question 1: “Conditions of release before conviction. Shall Section 8 (2) of Article I of the constitution be amended to allow a court to impose on an accused person being released before conviction conditions that are designed to protect the community from serious harm.” (Yes. No.)

Under current state law, according to state statues 969.035 and 971.14(1r), a defendant arrested for a criminal offense is eligible for release under reasonable conditions designed to assure his or her appearance in court, protect members of the community from serious bodily harm, or prevent the intimidation of witnesses.

Cash bail

Question 2: Cash bail before conviction. Shall Section 8 (2) of Article I of the constitution be amended to allow a court to impose cash bail on a person accused of a violent crime based on the totality of the circumstances, including the accused’s previous convictions for a violent crime, the probability that the accused will fail to appear, the need to protect the community from serious harm and prevent witness intimidation, and affirmative defenses?” (Yes. No.)

Under current state law, according to state statute 969.01, judges can order cash bail in Wisconsin if the court has a reasonable basis to believe that cash bail is necessary to ensure the accused will appear in court. Conditions of release, other than monetary conditions, also may be imposed for the purpose of protecting members of the community from serious bodily harm or preventing intimidation of witnesses.

According to Cornell University, “An affirmative defense is a defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal liability or civil liability, even if it is proven that the defendant committed the alleged acts.”

Welfare benefits

Advisory referendum Question 3: “Shall able-bodied childless adults be required to look for work to receive taxpayer-funded welfare benefits?” (Yes. No.) 

Wisconsin already requires adults without children who receive unemployment benefits and Food Share benefits to look for work.

The question is non-binding, which means the results of the referendum will not change state law.