More Controversy Surrounding State Supreme Court

Sunday, August 6th, 2023 -- 10:00 AM

(By Corrinne Hess, Wisconsin Public Radio) The new liberal majority of the Wisconsin Supreme Court has been in place less than a week, but there's more controversy surrounding the state court system director. 

According to Corrinne Hess with Wisconsin Public Radio, Republican legislative leaders said the liberal justices' appointment of a Milwaukee judge to the position, one day after firing Randy Koschnick, is unconstitutional and should be rescinded.

In a letter sent Aug. 3 to the Supreme Court’s liberal justices, Assembly Speaker Robin Vos and Senate Majority Leader Devin LeMahieu allege the state constitution prohibits Milwaukee County Circuit Judge Audrey Skwierawski from holding any office of public trust besides judge during her judicial term, which expires July 2025.

"On only their 3rd day, the liberal majority on the Wisconsin Supreme Court has telegraphed their intention to disregard the Constitution they’ve sworn to uphold to achieve partisan revenge," LeMahieu wrote. "Wisconsinites should be troubled by this blatant disregard for the Constitution and rule of law."

LeMahieu and Vos did not respond to Wisconsin Public Radio for further comment. The director of state courts is the top non-judicial officer of the state court system and has authority and responsibility for the overall management of the court system.

The position works with the justices, chief judges and staff of Wisconsin’s 10 judicial administrative districts to address personnel, budgeting and information technology needs, among other duties.

The day after Justice Janet Protasiewicz was sworn in, swinging the court to a liberal majority for the first time since 2008, Koschnick was fired. A letter, dated Aug. 2 and signed by liberal Justice Ann Walsh Bradley on behalf of the court, informed of his firing, effective that day.

"This letter is to inform you that your appointment to the unclassified position of Director of State Courts will be ending on August 2, 2023," the letter read. "We appreciate the contributions you have made to the Wisconsin Supreme Court and wish you the best in your future endeavors."

Koschnick has told media outlets he has not been told why he was fired, but believes the move is political. In 2009, Koschnick, a former Jefferson County Circuit Court judge, ran against then-Chief Justice Shirley Abrahamson for a seat on the Supreme Court.

He was appointed director of the state’s court system in 2017 by former Chief Justice Patience Roggensack under the court’s previous conservative majority. Chief Justice Annette Ziegler, a conservative, has been vocal in her criticism of Koschnick’s firing.

"Allowing all seven justices the opportunity to be heard and having the benefit of thoughtful discussion and debate before a formal vote is taken is key to a properly functioning court," Ziegler wrote. None of the justices have spoken publicly on the issue.

Skwierawski has practiced law since 1992, first serving as an assistant district attorney in Milwaukee County and later as an assistant attorney general at the Department of Justice in Madison. She was appointed judge in 2018 by former Gov. Scott Walker.

"I’m honored to have the trust of the Wisconsin Supreme Court," Skwierawski said in a statement this week. "I look forward to working with the justices, as well as judges and court staff across Wisconsin, to ensure that they have the tools and support to administer justice and serve the people of our state."

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