Political Ties Raise Interest in State Appeals Court Race: Candidates Stress Qualifications Are What’s Important

By Amy Hetzner, Milwaukee Journal Sentinel

Mar. 17–WAUKESHA — For the first time in 26 years, voters in the 12 southeastern Wisconsin counties served by the District 2 Court of Appeals will get a choice in who sits on the bench that bridges county circuit courts and the state’s highest court.

The two candidates running for the seat, vacated by Judge Neal Nettesheim at the end of last year, promise they would uphold the court’s position as an “error corrector” by exercising restraint in following the law.

“My judicial philosophy is pretty straightforward,” said Lisa S. Neubauer, who was appointed to the court in January by Gov. Jim Doyle to serve out the six-year term that ends July 31. “My job is to follow the law. My job is to apply the law and not make it.”

Her opponent in the race, attorney William Gleisner, said the role of an appellate judge is to review decisions in circuit court and make a correction if the trial court, attorneys or litigants have somehow strayed or something has been overlooked.

“I don’t see a Court of Appeals judge as being a glorified trial court judge, nor do I see them as being some sort of subaltern Supreme Court justice,” he said. “They are there to review what happened in the trial court, like the booth upstairs reviews a football game.”

Both candidates cited their background to support their candidacies.

Gleisner said he has been involved in at least 200 legal appeals to the state Supreme Court or other appeals courts around the nation. A graduate of Marquette University Law School, he was named “trial lawyer of the year” in 2005 by the Wisconsin Association for Justice and said his computer background has made him active in advocating for more electronic filings in Wisconsin courts.

Neubauer was a clerk to Chief U.S. District Judge Barbara Crabb and received her law degree from the University of Chicago. She served for 19 years in the litigation department at Foley & Lardner, where she was a partner, specializing in environmental cleanup cases for corporate clients and performing pro bono work for disadvantaged clients.

Role of politics debated

But, in the district that surrounds Milwaukee County and includes a largely conservative voting bloc, their political backgrounds also have become fodder for discussion in the race.

Neubauer is married to former Wisconsin Democratic Party Chairman Jeffrey Neubauer and has contributed money to Democratic political candidates. In addition, she served as an aide to Democratic state Sen. Fred Risser prior to attending law school.

Gleisner also has contributed money primarily to Democratic and liberal candidates. His affiliation with the Wisconsin Association for Justice has made him a target as well because of the group’s liberal associations.

Neubauer decried the insertion of politics into a nonpartisan race.

She pointed to a long list of bipartisan supporters, including former state Republican Party chairman Michael Grebe and Tommy Thompson-era Administration Secretary James Klauser, as evidence she transcends political divides. She also has endorsements from Doyle and U.S. Sen. Herb Kohl. Grebe is the former CEO and chairman of Foley & Lardner.

Gleisner identified himself as an independent and rejected the argument that association with the trial lawyers group translates into a political philosophy. He said he also has support from conservatives, with former Waukesha County District Attorney Paul Bucher endorsing him in radio advertisements.

But he was more accepting of the discussion about the candidate’s political backgrounds.

“I don’t think anything is off-limits,” Gleisner said. “If you’re unwise enough to throw your hat into the public ring, and seek a public position and ask the voters, in effect, to hire you, then your background then is fair game — all of your background is fair game.”

The election for the six-year term to the District 2 Court of Appeals is on the April 1 ballot in the 12 counties within the district.

William C. Gleisner III

Age: 61

Address: Town of Merton

Occupation: Attorney

Elective office: None

Other government experience: performed legal work and served as municipal prosecutor for the Village of Menomonee Falls

Family: Married, three adult children

Lisa S. Neubauer (inc.)

Age: 50

Address: Racine

Occupation: Appeals Court judge

Elective office: District 2 Court of Appeals judge, appointed in January

Other government experience: Community Development Block Grant Committee for Racine

Family: Married, three children

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