‘Raw Exercise of Overreaching Power’: Wisconsin Supreme Court’s Liberal Majority Clashes With Chief Justice on Day 1

The Wisconsin Supreme Court (shown here on Dec. 4, 2021) will hear a challenge to mask mandates issued by the health officer for Madison and Dane County. (Joseph Hanneman/The Epoch Times)

On Tuesday, the Wisconsin Supreme Court became a liberal-majority court for the first time in 15 years. On Wednesday, the four liberal justices voted to fire Director of State Courts Randy Koschnick. The termination was announced in a short letter (pdf) signed by Justice Ann Walsh Bradley, informing him his role would end that same day, without specifying a reason.

Chief Justice Annette Kingsland Ziegler followed the announcement with a long statement denouncing her colleagues’ “unprecedented dangerous conduct” as a “raw exercise of overreaching power.”

“This type of action has never occurred simply because a new justice secures a new majority, whether liberal or conservative,” she wrote.

“And what is the rush to fire Director Koschnick? What is the purpose of doing such an unauthorized action as the first order of business for the 2023-24 term? I have not been made aware of any urgent issues that would require the immediate removal of Director Koschnick.”

The director of state courts is responsible for the overall management of the court system, which includes hiring court personnel, budgeting, and overseeing the technology systems, among other things.

The Epoch Times reached out to Justice Bradley’s office to ask why Mr. Koschnick was dismissed.

Chief Justice Annette Kingsland Ziegler wrote the firing was “flawed procedurally, legally, and on its merits,” but feared that “other court employees would also become victims of this unauthorized action” should she try to reverse the firing. “Our valued employees would be put in a lose-lose situation, and I can’t risk putting the jobs of more employees of the court in jeopardy.”

Chief Justice Ziegler noted that the vote did take place during a usual conference, setting a standard for making decisions while leaving certain court members out of the loop.

“We are a collegial court, not a court of four. I expect better of my colleagues. A vote of four may dictate decisions of our court, but those votes are taken during formally noticed court conferences scheduled by the Chief Justice; no such conference has occurred,” she wrote. “Their actions today effectively silence those members of the court who have not been privy to these secret discussions.

‘Non-Partisan, Non-Political Manner’

Mr. Koschnick had completed 18 years in a court of general jurisdiction and then five years as chief judge of District 3, and served in his position of director since August 2017.

“He was a well-respected lawyer who served the public before becoming a judge,” Chief Justice Ziegler wrote. “He has done his job well, and he is someone I depend on to fulfill his role in a non-partisan, non-political manner.”

She credited Mr. Koschnick for resolving the court reporter shortage the circuit courts suffered and pointed out he was honored by the State Bar of Wisconsin for keeping business running as usual even during the pandemic.

“He has always conducted himself with dignity and respect and is an asset to me as Chief Justice, and to the entire court system,” she wrote. “Whether there are requisite votes to do so is not a reason to eliminate input from all members of the court in conference, properly noticed by the Chief Justice. 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. Even as Chief Justice, I have only one vote.”

“The court has had different shifts in make-up over the years, but this lack of respect for longstanding institutional process is reckless. To say that I am disappointed in my colleagues is an understatement,” she concluded. “It is shameful. I fear this is only the beginning.”

Mr. Koschnick, who was out of town at the time, told local news outlets he was informed he would be fired once the new majority was in place.

“Justice Karofsky instructed my staff to box up my personal items in my office today, which is very demeaning to my staff,” he said, according to Wisconsin State Journal. “She knows I’m out of town.”

“There’s no decorum,” he said. “There’s no grace. There’s no civility.”

He told the outlet the move was political and predictable, and he may consider filing a lawsuit.

“I am conservative politically. Everyone knows that,” he said. “But I didn’t make any political statements or take any political actions during my tenure as director of state courts.”

Interim Director Appointed

On Wednesday, hours after Chief Justice Ziegler published her statement, the court announced Milwaukee County Circuit Court Judge Audrey K. Skwierawski as the new interim director of state records.

“I’m honored to have the trust of the Wisconsin Supreme Court,” stated Judge Skwierawski. “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.”

Judge Skwierawski was appointed by former Republican Gov. Scott Walker.