Liberal justices who recently took control of the Wisconsin Supreme Court fired the director of the state court system on Wednesday, sending him a letter saying that his job will be ending by the end of the day.
Wisconsin Supreme Court Chief Justice Annette Ziegler immediately slammed the move, saying it was made “without regard for the Constitution, case law or Supreme Court rules which address who can fill such a position of public trust.”
The now-fired Randy Koschnick, who has been the director of the state court system since 2017, told media outlets earlier this week that liberal Wisconsin Supreme Court Justice Jill Karofsky called him to say he would be let go.
A letter liberal Justice Ann Walsh Bradley sent to Koschnick on Wednesday provides no explanation for his firing.
“We appreciate the contributions you have made to the Wisconsin Supreme Court and wish you the best in your future endeavors,” states one of the three sentences in the letter.
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Bradley didn’t immediately respond to a request for comment. Karofsky declined to discuss the matter on Tuesday.
Koschnick said Wednesday that he has received no further elaboration on why he’s being fired.
“Justice Karofsky instructed my staff to box up my personal items in my office today, which is very demeaning to my staff,” he said. “She knows I’m out of town.”
“There’s no decorum,” Koschnick said. “There’s no grace. There’s no civility.”
Koschnick said he hasn’t ruled out filing a lawsuit in response to his firing.
He said the liberal justices’ move was “irrational, political, sadly predictable” and likely a response to his running against former Chief Justice Shirley Abrahamson in 2009.
“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.”
State records show Koschnick made a $31 donation to the Waukesha County Republican Party in 2020. That year, he also gave $20 to Winred, a Republican fundraising site, federal records show.
The director of the state court system helps maintain the statewide computer system for the courts, hires state court personnel and directs judicial education.
Formerly a Jefferson County circuit judge, Koschnick said he helped alleviate the state’s court reporter shortage and organized a summit on mental health in the court system. He received an award from the State Bar of Wisconsin in 2020 for helping smooth court operations during the pandemic.
Ziegler’s letter
In response to the firing, Ziegler issued a two-page letter that was sharply critical of the move and the new liberal majority.
“The unauthorized action taken today by some of my colleagues firing Director of State Courts Randy Koschnick is flawed procedurally, legally, and on its merits,” she states.
Ziegler implied that four justices — likely the four liberal justices now making up the court’s majority — took the vote to fire Koschnick without following established guidelines.
“We are a collegial court, not a court of four. I expect better of my colleagues,” she said. “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.”
‘Lack of respect’
Liberal-leaning justices became a majority on the state’s highest court on Tuesday when Janet Protasiewicz was sworn in after winning her seat in April. Conservatives in the state have been critical of the incoming majority and, especially, Protasiewicz, who prominently featured liberal talking points in her election bid and implied how she would rule on abortion and redistricting cases.
“The court has had different shifts in makeup over the years, but this lack of respect for longstanding institutional process is reckless,” Ziegler said.
“To say that I am disappointed in my colleagues is an understatement,” she continued. “My colleagues’ unprecedented dangerous conduct is the raw exercise of overreaching power. It is shameful. I fear this is only the beginning.”
There has been widespread speculation about the reason for Koschnick’s firing.
Ed Fallone, an associate law professor at Marquette University Law School and former state Supreme Court candidate, said on Tuesday the decision likely stemmed from a lack of trust in Koschnick among the liberal justices, given Koschnick’s reputation as a conservative.
Interim director
Milwaukee County Circuit Court Judge Audrey Skwierawski will assume the role of interim state court system director beginning Thursday, according to a Wisconsin Supreme Court statement.
“I’m honored to have the trust of the Wisconsin Supreme Court,” Skwierawski said. “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.”
Skwierawski was appointed to her Milwaukee judicial position by Republican former Gov. Scott Walker in 2018.
She was previously a Milwaukee County prosecutor and a Department of Justice prosecutor, who served under two Republican attorneys general.
Some conservatives doubt that Kelly’s broad appeals to the Constitution is a winning campaign strategy.
Unlike possibly ever before, voters in April will not only be choosing a Wisconsin Supreme Court justice but effectively deciding the outcome of a court case.
Janet Protasiewicz said she would recuse herself from cases involving the Democratic Party. Dan Kelly would not make a similar pledge regarding cases involving the GOP.
GOP leaders are hoping not to see a replay of the November gubernatorial election.
At this point, Protasiewicz has a nearly 7-to-1 committed ad spending advantage over conservative Dan Kelly in the general election phase.
Janet Protasiewicz said she favors the court deliberating its administrative rules in public, but Daniel Kelly said such a policy promotes grandstanding instead of efficiency.
“We are a collegial court, not a court of four. I expect better of my colleagues.”
Annette Ziegler, chief justice for the Wisconsin Supreme Court
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