Ed Fallone, underdog in Supreme Court race, loses to Roggensack

MILWAUKEE (WITI) -- Voters on Tuesday, April 2nd decided a statewide race for Wisconsin Supreme Court Justice. Marquette University Law Professor Ed Fallone challenged incumbent Justice Pat Roggensack for a seat on the seven-member court. Incumbent Justice Pat Roggensack was victorious on Election Night -- winning another 10-year term on the High Court.

Fallone could be called the underdog in this race, as he won less than a third of the votes in the primary election -- and he has been outspent.

"It's been an honor to run. I've been very impressed with the enthusiastic response. People do want to change on our Supreme Court. They want a court they can be proud of and I really believe that's what's going to happen today," Fallone said early Tuesday night.

Fallone framed the campaign, saying the central issue is dysfunction on the court in the wake of the physical altercation between Justice David Prosser and Justice Ann Walsh Bradley. He also vowed to fight special interests, and called out his opponent for siding with in court, and accepting money from special interests.

Fallone is a Marquette Law Professor -- and spoke about his campaign at the Milwaukee Press Club. FOX6's Mike Lowe was on the panel, questioning Fallone.

The court's reputation has suffered in the wake of a physical altercation between Justice David Prosser and Justice Ann Walsh Bradley. Fallone's campaign theme was that the court is dysfunctional.

"All he talks about is dysfunction on the court.  Well, the court is not up for election," Roggensack has said.

Mike Lowe: "She essentially said you were running against the entire court, not against her.  She implicitly was saying you're waging a campaign against David Prosser not against her.  Is that a fair accusation?"

"Absolutely not.  I hold all of the justices on our Supreme Court to a standard of professionalism. They are public servants.  They have a job to do.  That job is not to engage in personal feuds with each other. It is to decide individual cases without regard to personal animosity, political ideology," Fallone said.

If elected Fallone would have been the first Latino on the bench.

Mike Lowe: "You've written in the past, supporting judges who signed recall petitions. You've been critical of Act 10 and the permitting process at the State Capitol. You may be writing on legal matters, but it could be perceived that you're taking political positions on legal matters.  Is it a contradiction?"

"There's no contradiction whatsoever.  From the very first day of my campaign when another candidate, Vince Megna tried to interject politics into the race, I said that was wrong.  The election is non partisan. Politics don't come into play," Fallone said.

Mike Lowe: "I've heard you describe your judicial philosophy as a process conservative.  Can you describe what that means?"

"It means good procedures don't guarantee a good decision, but they sure help," Fallone said.