Brad Schimel Explained

Brad Schimel
Office:Judge of the Wisconsin Circuit Court
for the Waukesha Circuit
Branch 6
Appointer:Scott Walker
Term Start:January 7, 2019
Predecessor:Patrick Haughney
Office1:44th Attorney General of Wisconsin
Governor1:Scott Walker
Term Start1:January 5, 2015
Term End1:January 7, 2019
Predecessor1:J. B. Van Hollen
Successor1:Josh Kaul
Office2:District Attorney of Waukesha County
Term Start2:January 3, 2007
Term End2:January 5 2015
Predecessor2:Paul Bucher
Successor2:Susan Opper
Birth Date:18 February 1965
Party:Republican
Spouse:Sandi Schimel
Children:2
Education:University of Wisconsin, Milwaukee (BA)
University of Wisconsin, Madison (JD)

Brad Schimel (born February 18, 1965) is an American lawyer, judge, and Republican politician. He was the 44th attorney general of Wisconsin, serving from 2015 to 2019. He was defeated seeking re-election in 2018, and was subsequently appointed a Wisconsin circuit court judge in Waukesha County, by Governor Scott Walker. Schimel is seeking election to the Wisconsin Supreme Court in the 2025 Spring election. He also previously served as district attorney of Waukesha County.

Early life and education

Schimel is a graduate of Mukwonago High School, and holds a B.A. in political science from the University of Wisconsin - Milwaukee (1987).[1] He earned his Juris Doctor at the University of Wisconsin Law School in 1990.[2]

Schimel identifies as a Catholic and supports pro-life causes.[3]

Legal career

He began his career as a prosecutor in 1990, when he joined the Waukesha County District Attorney's office. In 2006 Schimel was elected Waukesha County District Attorney. He would be re-elected without opposition in 2008, 2010, and 2012.

In 2011, Schimel was appointed to serve on the Wisconsin Judicial Council and the Wisconsin Crime Victim Council.[4]

Schimel is an instructor in the Law Enforcement and Criminal Justice Department at Waukesha County Technical College, and is a former adjunct instructor at Concordia University Wisconsin.[5]

Attorney General of Wisconsin

On October 7, 2013, Van Hollen announced he would not seek reelection in 2014 for a third term as state attorney general.[6] Van Hollen endorsed Schimel as his replacement.[7] In the 2014 general election, Schimel defeated his opponent Democrat Susan Happ.[8]

As Wisconsin Attorney General, Schimel appealed the ruling by a federal judge in the United States District Court for the Eastern District of Wisconsin that Brendan Dassey, one of the subjects of Making a Murderer, had been coerced into confessing to a murder as an intellectually disabled 16-year old.[9] Courts subsequently ruled either to free Dassey or block his release pending a new trial. Schimel argued that the United States Supreme Court should not hear Dassey's case; when the U.S. Supreme Court declined hearing Dassey's case, Schimel said he was pleased.[10] [11]

Schimel also attempted to resuscitate abortion-limiting provisions of 2013 Wisconsin Act 37. Those provisions, requiring abortion providers to have admitting privileges at a nearby hospital, were struck down by a federal judge in 2013. Schimel appealed the ruling to the 7th Circuit U.S. Court of Appeals, which upheld the district court decision in their November 2015 ruling.[12] Schimel then appealed to the United States Supreme Court, but the U.S. Supreme Court declined to hear the appeal.[13]

In November 2016, a three-judge panel of federal judges found that Wisconsin's legislative map, enacted in 2011, was an unconstitutional partisan gerrymander. The map had resulted in a persistent Republican majority of about 64% of both legislative chambers despite the popular vote in the state being evenly split between the two parties.[14] Schimel appealed the decision to the United States Supreme Court, which heard the case along with other partisan gerrymandering questions in that term.[15] The Court gave its opinion in the case Gill v. Whitford (2019), siding with Wisconsin Republicans and ruling that the plaintiffs had not demonstrated personal harm, and therefore did not have standing to challenge the map. The decision effectively ended federal court oversight of partisan gerrymandering questions.[16] [17]

Career as state judge

In November 2018, after Schimel was defeated for reelection by Democratic candidate Josh Kaul, Republican Governor Scott Walker (who had lost his own re-election bid to Democratic candidate Tony Evers) appointed Schmiel to the Waukesha County Circuit Court. The state Democratic Party criticized the appointment.[18] Walker announced the appointment the day after Schimel conceded to Kaul.[19] Walker passed over 13 applicants for the position to appoint Schimel; it is unclear whether Schimel submitted a formal application for the judicial vacancy.[19] Schimel had submitted letters of recommendation for four other applicants for the job, including one of his campaign coordinators.[19]

In October 2020, Schimel was an emcee at an Ozaukee County Republican Party fundraising event, alongside Ron Johnson and other Republican elected officials. This prompted criticism because Wisconsin state law states that judges must refrain from engaging in partisan political activity.[20] [21] [22] Schimel defended his appearance at the event.[21] Schmiel also attended a Donald Trump rally at the Waukesha County Airport later that month, although he "emphasized he was attending the rally as an individual and Trump supporter."[23]

During the COVID-19 pandemic, Schimel initially refused to wear a face covering while presiding in court, defying a statewide state court directive requiring the use of face coverings during in-person proceedings, as a measure to prevent the transmission of COVID-19. After public defenders complained for months that Schimel's actions were putting litigants and counsel at risk, Schmiel was reprimanded by the chief judge of the 3rd Judicial District. Chief Justice Patience Roggensack of the Wisconsin Supreme Court, who is the head of the Wisconsin state court system, barred Schimel from presiding over cases in person due to his refusal to wear a face covering (or hold proceedings all remotely via videoconference). The ban was lifted after Schimel agreed to wear a face covering in court.[20]

Schimel declared his candidacy for the Wisconsin Supreme Court on November 30, 2023. He is running in the 2025 Wisconsin Supreme Court election, challenging incumbent justice Ann Walsh Bradley.[24] [25]

Electoral history

Waukesha District Attorney (2006, 2008, 2010, 2012)

| colspan="6" style="text-align:center;background-color: #e9e9e9;"| Primary Election, September 12, 2006| colspan="6" style="text-align:center;background-color: #e9e9e9;"| General Election, November 7, 2006| colspan="6" style="text-align:center;background-color: #e9e9e9;"| General Election, November 4, 2008| colspan="6" style="text-align:center;background-color: #e9e9e9;"| General Election, November 2, 2010| colspan="6" style="text-align:center;background-color: #e9e9e9;"| General Election, November 6, 2012

Wisconsin Attorney General (2014, 2018)

| colspan="6" style="text-align:center;background-color: #e9e9e9;"| General Election, November 4, 2014

| colspan="6" style="text-align:center;background-color: #e9e9e9;"| General Election, November 6, 2018

External links

|-

Notes and References

  1. Web site: Brad Schimel . Ballotpedia . 21 November 2018.
  2. News: Candidate Q&A: Attorney general . 21 November 2018 . Daily Citizen . October 21, 2018.
  3. Web site: Brad Schimel . Ballotpedia . 4 March 2024.
  4. Wisconsin DOJ https://www.doj.state.wi.us/exec-profile/brad-d-schimel
  5. News: Waukesha County DA announces attorney general candidacy . 21 November 2018 . Twin Cities Pioneer Press . October 14, 2013.
  6. Patrick Marley. "J. B. Van Hollen won't seek third term as attorney general". Milwaukee Journal Sentinel October 7, 2013.
  7. Web site: Republican Attorney General J.B. Van Hollen endorses GOP candidate Brad Schimel as replacement. Dee J. Hall. Host.madison.com. 29 January 2014 . 3 January 2018.
  8. Web site: Attorney General race: Republican Brad Schimel defeats Democratic challenger Susan Happ. 4 November 2014. Fox6now.com. 3 January 2018.
  9. News: Supreme Court Won't Hear Appeal of 'Making a Murderer' Subject Brendan Dassey. The New York Times . 25 June 2018 . 2018-10-24. en . Victor . Daniel .
  10. Web site: The Latest: Attorney Vows to Keep Fighting for Dassey.
  11. News: Schimel: Supreme Court shouldn't review Dassey confession. 2018-05-11. WGBA. 2018-10-24. en-US.
  12. . Planned Parenthood of Wisconsin, Inc. v. Schimel . 806 . F.3d . 908 . . November 23, 2015 . December 12, 2023 .
  13. News: Supreme Court Rejects Wisconsin's Abortion Law Appeal . June 28, 2016 . Johnson. Shawn . . en . December 12, 2023 .
  14. News: Federal judges panel finds state redistricting plan an 'unconstitutional gerrymander' . Ed . Treleven . . November 22, 2016 . December 12, 2023 .
  15. Web site: Supreme Court to Hear Case on Partisan Redistricting. Todd. Ruger. 19 June 2017. 3 January 2018. Roll Call.
  16. News: U.S. Supreme Court decision leaves Wisconsin gerrymandering case with few prospects . . June 28, 2019 . Riley . Vetterkind . December 12, 2023 .
  17. News: US Supreme Court Ruling Effectively Ends Wisconsin Gerrymandering Challenge . Laurel . White . . June 27, 2019 . December 12, 2023 .
  18. News: Gov. Walker appoints Schimel to the Waukesha County Circuit Court . Associated Press News. November 20, 2018.
  19. News: Schimel recommended 4 others for open judgeship spot. Associated Press News. Todd Richmond. December 24, 2018.
  20. Daniel Bice, Supreme Court chief justice banished Judge Brad Schimel from his own courtroom after he refused to wear mask, Milwaukee Journal Sentinel (October 9, 2020).
  21. Daniel Bice, Judge Brad Schimel defends emcee role GOP event featuring Sen. Ron Johnson, Milwaukee Journal Sentinel (October 8, 2020).
  22. Bruce Murphy, Did Brad Schimel Break the Law?: He emceed political fundraiser. State law prevents judges from all political activities., Urban Milwaukee (October 3, 2021).
  23. Katherine Beck and Jake Ekdahl, Trump motivates voters at rally in Waukesha, Greater Milwaukee Today (October 24, 2020).
  24. News: Lazar still mulling ‘25 Supreme Court bid as Schimel prepares to launch campaign . . November 28, 2023 . November 28, 2023 .
  25. News: Schimel launches ’25 bid for state Supreme Court . . November 30, 2023 . November 30, 2023 .