Column: We do have a very important primary election in February

By Dan Kontos

For most folks, you are aware that there is a non-partisan election in April of this spring. We have been tracking the nascent campaigns of public office hopefuls, along with a handful of referendums that are also on the ballot. We will certainly have a chance to talk about those in the upcoming weeks.

Additionally, if you are a citizen of Stevens Point, you know that you have a primary for the mayor’s position. That race, despite being a no-brainer to any rational voter, is important for the future of a serious government in the City. Consider that a tease for future conversations we will be having, because it is not the most important issue this time around.

We also have seven candidates for seats on the Stevens Point School Board running for three openings this April. Some familiar names, such as two incumbents, as well as two challengers from last year, Miguel Campos and Alex Sommers. Important contest? Certainly, but not the most important, in my humble opinion.

This brings us to the only state-wide race on that ballot that we will be participating in. That is for the supreme court justice. With the retirement of Patience Roggensack, the perceived conservative majority is in the balance. It’s sad to think this way, that our state’s highest court must be viewed through ideological and partisan lenses, but that is the reality.

The proper role of the courts is to determine what the law is. Not what a judge thinks it ought to be. In our form of government, those preferential political choices are made by the other two branches, not the judiciary. If a judge (or justice) feels that the law ought to be something else, other than what the legislature crafted, then that person ought to run for a lawmaker’s position.

It is an absolute slap in the face to the citizens of this great state to have an activist judiciary, flaunting the Constitutions, just because they can. But this is the situation we face. Allow me to explain who is running.

Four candidates are on the February primary ballot. All have judicial records that you can clearly see for yourself, and you don’t need any partisans to tell you what to think. Yes, I can be considered a partisan, so be skeptical of everything I am about to tell you (just like everyone else) and research the truth for yourself.

Of these four candidates, the top two vote-getters will advance to the April election. You will have a chance to vote for up to two of them, and I offer my choices in order below for your consideration.

Justice Daniel Kelly is a known quantity. As a former Supreme Court Justice, Kelly was appointed to the Court in 2016 by Governor Scott Walker, but lost his bid to keep the seat in the April 2020 election. He has a track record as a constitutional conservative, reliably voting to uphold the law, and not impose his own ideology upon the State.

Justice Kelly was instrumental in upholding several key pieces of legislation, as written by the Legislature, and not subjecting them to judicial activism. He was also key in freeing the State from Governor Evers’s unconstitutional (and now thoroughly discredited) pandemic restrictions.

According to his campaign website, Justice Kelly touts three main themes, defending constitutional rights, upholding the rule of law, and preventing judicial activism. He not only talks the talk, but if you look at not only his voting record but his authored opinions, he walks the walk.

Endorsed by Justice Rebecca Bradley, as well as sheriffs from across the state and political backgrounds, Justice Kelly has earned the trust and respect of many individuals due to his proven track record. That is why I am behind Daniel Kelly. He is right for our community.

Judge Jennifer Dorow has also thrown her hat into the ring. Currently a Waukesha County judge, she was vaulted into the national spotlight for her handling of the trial last fall that resulted in a conviction on 76 charges after an unspeakable suspect drove his vehicle through a Christmas parade and killed six people in November 2021.

From her campaign website, Judge Dorow describes herself, “First and foremost, I am a judicial conservative who will not legislate from the bench.” She continues to say, “I am not constrained by political ideologies and academic thinking – I have proven my commitment to our state and federal constitutions and the laws established by our government. As a justice on the Wisconsin Supreme Court, I will not legislate from the bench.”

This sounds good to me, but then again Justice Brian Hagedorn sounded good in his election as well, and he turned out to be a hot mess. I’m not equating the two, but that certainly has enhanced my skepticism of everybody.

Retiring Justice Pat Roggensack has endorsed Dorow, saying that she is a fair-minded and constitutional jurist. If Justice Roggensack’s opinion carries any weight, and it certainly does for me, she is certainly worth looking into. While she does not have a tremendous portfolio to dig into, what is there is certainly more than acceptable. I think she gets the nod as well.

Next, I can pair Milwaukee County Judge Janet Protasiewicz and Dane County Judge Everett Mitchell together. Like Judge Darow, they don’t have any appellate history to examine, but a simple viewing of the 2023 debate between the four candidates, it was clear that these two are out of touch with what the Supreme Court is all about. Their statements are riddled with the same cancerous rhetoric that you would expect from stereotypical caricatures of activist judges. Look for yourself.

They criticized legislative decisions, characterized the constitution as a mailable document that can be manipulated to change lives, and pushed their own values of inclusion and equity. They have signaled that they will revisit past decisions and laws that they personally disagree with, and do in the courts what the leftists cannot do at the ballot box. This is what activists, not justices, do. It is a signal that they will violate their own oaths, and make them flat-out unqualified.

It is critical that all proper reasoning and state-loving citizens, of all political backgrounds, get out and vote. I hope that you will support Daniel Kelly and Jennifer Dorow in the upcoming primary.

So, with that, let’s meet in the opinion section to talk about all of it, boldly, honestly, and with healthy respect for each other. Until then, see you at the polls. God bless.