As people nationwide watch the hotly-contested race for Wisconsin Supreme Court, the political ads have raised questions.
Voters will soon decide to either elect former Justice Dan Kelly to a full term on the court or to bring in Milwaukee County Circuit Judge Janet Protasiewicz.
The overall tone of the political ads has been critical of highly controversial issues, in this non-partisan race, around abortion and crime.
However, in a race for a judicial seat that will determine the makeup of the state's highest court, shedding light on topics that could go before the justices sparked questions. Both candidates have accused each other of being dishonest and presenting information out of context.
"There are ethical issues at play. When we see these campaign ads there are issues of accuracy, but the reality is, is that the Wisconsin State Supreme Court is highly partisan. It's highly ideological. It's highly political, and the ads really just reflect that," said Anthony Chergosky, assistant professor of political science at the University of Wisconsin-La Crosse.
Chergosky says while there is a code of conduct for the court and judges, it is often said that there is a difference in campaigning versus governing.
"There is a code of conduct but when you're in a campaign as opposed to in office, sometimes it's a little tricky to figure out how the code of conduct may apply differently in those situations," Chergosky said.
Chergosky said the climate, the historic ad spending, and the potential for conflicts of interest brings into question whether justices should be elected or appointed. In areas where judicial seats are appointed, Chergosky says the structure eliminates some issues regarding conflicts of interest with donors. However, in an appointment process, there are questions about who makes the appointments and who makes up the pool of candidates.
"Until the current system changes, we're going to continue seeing record-breaking spending on campaigns. We're gonna continue to see very intense campaigns and it's just gonna feed more into the division on the state Supreme Court," Chergosky explained.
During a luncheon in Milwaukee, Kelly said he did not believe his campaign violated any judicial code of conduct.
He also acknowledged the historic amounts of money pouring into the race and that this run could get the conversation going on how to fill judicial seats.
"If we are to have a change in the way that judiciary is composed that will have to come from a conversation between the people, Wisconsin, and their legislators. They know how to do this," Kelly said.
Protasiewicz declined an invitation to the same event citing a scheduling conflict.
TMJ4 News reached out to the Protasiewicz campaign about the judicial code of conduct and if they believed any lines were crossed.
They did not answer the question directly, but in a statement pressed Protasiewicz would bring fairness and impartiality back to the court. The statement said the ads highlight Protasiewicz's career as a prosecutor and judge.
"I think for now, the voters need to do their best to become informed and cast an informed vote. Then moving forward I think there is a real conversation about reform to be had when it comes to the Wisconsin state Supreme Court," Chergosky said.
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