Overview

The Wisconsin Supreme Court is made up of seven justices who are elected for 10-year terms. *Supreme Court.* The Chief Justice is elected by the majority of the sitting justices to serve a two-year term. *Supreme Court.* The Wisconsin Constitution limits the election of justices to one justice in any year, and such elections may not occur within 30 days of a partisan general election. Wis. Const. Art. VII, §§ 4, 9. The most recent election took place on April 4, 2023, in which Justice Janet Protasiewicz was elected as the newest member of the Court. “About Justice Protasiewicz.”

The Supreme Court has several functions related to elections in the state. Specifically, the Supreme Court hears appeals of decisions related to Wisconsin Elections Commission rules issued by the Circuit Courts. E.g., “Teigen.” The Chief Justice is also involved in appointing a Circuit Court judge to hear appeals of recount determinations made by Boards of Canvassers if the relevant election was held in more than one judicial administrative district. Wis. Stat. Ann. § 9.01(6)(b). Additionally, the Chief Justice consolidates second-level appeals relating to one election to the Court of Appeals and designates one district to hear the appeal (except for statewide cases that automatically go to the Fourth District). Wis. Stat. Ann. § 9.01(9)(b).

Election-Related Duties

The key duties of the Supreme Court are:

1. Hearing appeals of Circuit Court opinions related to the Wisconsin Elections Commission rules. E.g., “Teigen.”
2. Appointing a Circuit Court Judge to hear appeals of recount determinations in some cases. Wis. Stat. Ann. § 9.01(6)(b).
3. Consolidating appeals to the Court of Appeals and designating a district to hear the appeal. Wis. Stat. Ann. § 9.01(9)(b).

Selection and Vacancy Information

• **Elected: ****Justices on the Wisconsin Supreme Court are elected in nonpartisan elections. Wis. Const. Art. VII, § 4(1). The Chief Justice is elected by the majority of the justices. Wis. Const. Art. VII, § 4(2). An election for the office of justice on the Supreme Court cannot occur at the partisan general election or within 30 days of such an election. Wis. Const. Art. VII, § 9. Only one justice may be elected in any year. Wis. Const. Art. VII, § 4.
• Tiebreaking: In the event of a tie, the winner is chosen by lot in the presence of the Board of Canvassers responsible for determining the outcome of the election. Wis. Stat. Ann. § 5.01(4)(a). The candidates may draw for themselves, or the Board of Canvassers will appoint a person to draw. Wis. Stat. Ann. §§ 5.01(4)(c), (d).
• Term of Office: Justices are elected for 10-year terms. Wis. Const. Art. VII, § 4(1). The Chief Justice serves a term of two years. Wis. Const. Art. VII, § 4(2).
• Next Election: The next election will be held in 2025, when Justice Ann Walsh Bradley’s term expires. “About Justice Bradley.”
• Qualifications: A justice cannot hold any other office of public trust while serving on the Court and must be qualified to vote within the jurisdiction for which elected. Wis. Const. Art. VII, § 10. To be eligible to be elected for any judgeship, a person must be an attorney licensed to practice in Wisconsin and must have held that license for at least five years immediately preceding the election. Wis. Const. Art. VII, § 24. A person must also be under the age of 70. Wis. Const. Art. VII, § 24.
• Vacancy: In the case of a vacancy, the Governor makes an appointment to continue until a successor is elected. Wis. Const. Art. VII, § 9; Wis. Stat. Ann. § 17.19(2).