Meet Daniel Kelly, Wisconsin Supreme Court Justice

MILWAUKEE, WI — Wisconsin's spring 2020 spring primary will be held Tuesday, Feb. 18 to whittle the candidates for Wisconsin Supreme Court down in advance of the general election.

Wisconsin Supreme Court Justice Daniel Kelly is looking to retain his seat on the state's highest court, and faces two challengers this spring during the Feb. 18 primary. Kelly was appointed to the Wisconsin Supreme Court by former Gov. Scott Walker to fill the remainder of Justice David Prosser's term after his retirement.

Kelly told Patch that "rule of law" is paramount to serving on the state's highest court. His consistent and logic-driven approach is what makes him the best candidate in this election, he said.

"I believe the job of a justice is to decide cases based on the law, not on what the justices might wish the law to be. We do not make the law, ignore the law, or play favorites with the law. And so we treat all litigants who come to court with respect and fairness as we thoughtfully and carefully decide their cases based only on the law," he said. " Judges should not go out of their way to give an overly narrow application to a provision guaranteeing rights, for instance, nor should they import their view of contemporary values into a legal text."

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Name: Daniel Kelly
Age: 55
Hometown: Santa Barbara, CA
Occupation: Wisconsin Supreme Court Justice

Political Experience:

Because my current position is judicial, rather than political, I will describe my legal experience, both before and after appointment to the Wisconsin Supreme Court. I have dedicated my entire adult life to the practice of law. My position today on the Wisconsin Supreme Court is really the capstone of a vast legal career in nearly every area of legal practice.

As a student at Regent University Law School, I was founding editor-in-chief of the law review. After graduation, I landed prestigious clerkships on the Wisconsin Court of Appeals and the U.S. Court of Federal Claims (Office of Special Masters). After serving as a staff attorney with the U.S. Court of Federal Claims (Office of Special Masters), I moved into private practice. While my focus was primarily on commercial litigation, I also developed my criminal law and trial experience by representing individuals in both misdemeanor and felony cases. I later gained valuable prosecutorial experience while serving in the Milwaukee County District Attorney’s Office as a special prosecutor where I tried misdemeanor and felony cases. For my service as a special
prosecutor, I was awarded the Outstanding Service to Milwaukee County Award in
2002.

During over two decades in private practice, I argued some of the most important cases in the state. While at one of Milwaukee’s premier law firms, I headed the appellate practice group, personally arguing over a dozen cases before the Wisconsin Supreme Court, Wisconsin Court of Appeals, and U.S. Court of Appeals for the Seventh Circuit. I also served as second-chair on behalf of a University of Wisconsin student before the United States Supreme Court. My clients included dairy farmers, small businesses, a chamber of commerce, and even Cabela’s sporting goods store. Because of my broad legal expertise, I’ve been repeatedly called upon to instruct continuing legal education (CLE) workshops.

In addition to my regular work, I’ve also made it a point to carve out time for issues I’m most passionate about. For instance, I filed a brief in the Wisconsin Supreme Court defending the state’s then-new school-choice program for low-income children in Milwaukee. I represented a faith-based community services group when an atheist organization challenged their right to participate in government programs. And I represented an inner-city church in its battle with municipal bureaucrats.

Eventually, I stepped away from the day-to-day practice of law to serve as vice- president and general counsel for one of Wisconsin’s largest charitable organizations. There I helped facilitate philanthropic support for nonprofit organizations that make Wisconsin such a great place to live, like the Milwaukee School of Engineering and Teach for America.

I later returned to the practice of law when I co-founded my own firm, Roghan Kelly, in Waukesha County. Throughout these jobs, I’ve continued to stay active in my community, serving on the Wisconsin Advisory Committee for the U.S. Commission on Civil Rights and the President’s Council for Carroll University (my undergraduate alma mater).

Four years ago, I was honored to receive the highest honor available to a Wisconsin lawyer: a seat on the Wisconsin Supreme Court. Since my appointment, I have reviewed thousands of cases, and personally authored dozens of leading legal opinions. My work on the Court reflects the values that I have displayed throughout my legal career: relentless logic, rigorous analysis, and hard work, all done with a friendly, collegial attitude. Through these values and with an even-handed application of the law to the facts in every case before me, I’ve been able to earn the respect of my fellow judges, lawyers, and law enforcement.

Top Issues And How I Would Approach Them

I think the most important issue in the campaign relates to the proper understanding of the role of the Supreme Court and the justices who serve the people of Wisconsin. As I have said frequently when discussing the Court's role with my fellow Wisconsinites, I believe the job of a justice is to decide cases based on the law, not on what the justices might wish the law to be. We do not make the law, ignore the law, or play favorites with the law. And so we treat all litigants who come to court with respect and fairness as we thoughtfully and carefully decide their cases based only on the law.

Related to that issue is the proper understanding and application of the Constitutions of the United States and of Wisconsin, as well as statutory material. I understand that they must be construed according to their text, giving meaning to each word and phrase as they would have been understood at the time each provision was adopted. Judges should not go out of their way to give an overly narrow application to a provision guaranteeing rights, for instance, nor should they import their view of contemporary values into a legal text.

An Interesting Fact About Myself

My introduction to Wisconsin came in 1982 when Carroll College in Waukesha offered me the financial aid I needed to further my studies. I made the trek here from Colorado in my beat up old Chevy Chevelle, with all of my belongings packed neatly in the trunk. I came out a few days early because I had heard Wisconsin has great fishing (boy is that true!), and I’ve been an avid fisherman since I was four. I wound up at a campsite at Lake Nagawicka in Delafield, which was completely full because of the beautiful weekend.

But a generous young family from Sheboygan Falls shared their campsite with me. And their campfire. And their dinner. And their fellowship. They took me sailing the next day, and then spent the rest of the weekend introducing me to Wisconsin.

Since that time, almost 40 years ago, I have learned that they exemplify who Wisconsinites are - they are the people of the open hand, and generous heart. I fell in love with Wisconsin and its people that weekend, and I knew I had found my home.