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Cue the world’s tiniest violin for former Wisconsin Supreme Court justice Daniel Kelly. Kelly, who has never successfully won a seat on the state’s high court, having previously reached that perch after then-governor Scott Walker appointed him to fill out a term, continued his streak by getting absolutely face-crushed by Milwaukee County judge Janet Protasiewicz.
One might think that the sort of sound judicial temperament that people expect from a jurist would result in some grace and dignity in defeat.
Kelly went the other direction:
No one has to concede an election. It’s a nice gesture to help shore up respect for the constitutional order that — of all offices — a supreme court candidate should support, but it’s not like it’s a rule. That said, shutting up is always an option too, and Kelly could’ve just walked away instead of continuing to shadow campaign against the judge who won the election 55-44.
But then again, prior to the election, Kelly was advising Wisconsin Republicans in their “pretty extensive conversations” about illegal fake electors, so the graceful transfer of power isn’t necessarily a top line issue.
Branding the campaign of Justice-elect Protasiewicz as the most “deeply deceitful, dishonorable, despicable campaign ever run for the courts” and “truly beneath contempt,” he accused her of breaching judicial ethics, a curious issue for Kelly to foreground.
She’s demeaned the judiciary with her behavior, and this is the future we have to look forward to in Wisconsin. I’ve been committed to the rule of law my entire career. I understand this to be most fundamental, basic promise of civilization.
Not to sound elitist, but you don’t get to get all pretentious about the rule of law when your law school degree is one rung above free with a box of Cracker Jacks. Regent Law School is tied at 142, which is the last ranking U.S. News gives out before saying, “and then all these others we can’t even bother to rank.”
On the other hand, if a concession is intended to make everyone feel better that the process worked and selected the best candidate in the end, Kelly might have actually done a pretty good job with this speech.
Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.
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