Gableman wins state Supreme Court seat, voters toss Frankenstein Veto

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For the first time in 41 years, Wisconsin voters have tossed out a State Supreme Court justice.

Incumbent Louis Butler lost Tuesday to Burnett County Circuit Judge Michael Gableman, 51 percent to 49 percent.

Gableman was a virtual unknown before conservatives and law enforcement rallied behind him.

He called his win a victory for those who want to see justice done. Butler – who was appointed in 2004 to fill a vacancy – promises a statement later today (Wednesday).

Gableman’s win gives conservatives a 4-3 edge on what critics call the most liberal state Supreme Court in the nation.

Because of that, special interest groups fueled a nasty campaign and spent millions, but it was a TV ad from Gableman himself that caused the most controversy.

It accused Butler of freeing a rapist when he served as a defense lawyer, without saying the conviction was later re-instated.

Gableman still faces a complaint from state’s Judicial Commission for that.

Butler also faces a complaint for allegedly taking illegal campaign gifts from a law firm. Both candidates denied wrong-doing.

Butler carried the state’s biggest Democratic enclaves in Dane and Milwaukee counties, while Gableman did well in Republican areas.

Butler was a circuit judge in Milwaukee before Gov. Jim Doyle appointed him to replace Diane Sykes in ’04.

When he leaves in August, it will be the first time in 110 years Milwaukee has not had a member of the State Supreme Court.

Also, Butler is only the fifth incumbent to be unseated since the court began in 1852 and he may be the last. Many people are calling for reforms one of which would take away the voters’ right to elect justices, to try and eliminate the influence of special interests.

Frankenstein veto

Wisconsin voters put an end yesterday to the governor’s Frankenstein veto power, but experts say the monster is still alive and well.

The constitutional amendment was approved by 71 percent of voters.

“I am pleased that state voters backed efforts to bring about budget reform and tax-and-spend accountability by banning the Frankenstein Veto,” said Sen. Sheila Harsdorf, R-River Falls, one of the original authors of the amendment.

The amendment stops the governor from vetoing words and phrases from two sentences to create a whole new sentence in spending bills.

Democrat Gov. Jim Doyle used that power to set higher property tax limits for local governments in the current state budget.

In the previous budget, he took money from new highways and gave it to schools.

“No governor should be able to enact new laws by cobbling together parts of sentences. The people clearly recognized the need for good government over partisanship,” Harsdorf said.

Jessica Erickson, a Doyle spokesperson, says the governor will still have a strong veto power to, “protect Wisconsin taxpayers and priorities when the Legislature goes to extremes.”

That power will still be the strongest of any governor in the nation.

Constitutional lawyer Fred Wade of Madison says lawmakers should have gone a lot further to restrict the partial veto authority, which governors have used since 1930.

But GOP Assembly Speaker Mike Huebsch, West Salem, called the amendment a good step forward in restoring the balance of power between the governor and the Legislature.

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