Patience D. Roggensack

Patience Drake "Pat" Roggensack (born July 7, 1940) is a retired American attorney and jurist. She was the 26th chief justice of the Wisconsin Supreme Court (20152021), and served 20 years on the high court, from 2003 through 2023.[2][3]

Pat Roggensack
Roggensack in 2005
26th Chief Justice of the Wisconsin Supreme Court
In office
April 29, 2015  April 30, 2021
Preceded byShirley Abrahamson
Succeeded byAnnette Ziegler
Justice of the Wisconsin Supreme Court
In office
August 1, 2003  July 31, 2023[1]
Preceded byWilliam A. Bablitch
Succeeded byJanet Protasiewicz
Judge of the Wisconsin Court of Appeals
for the 4th district
In office
August 1, 1996  July 31, 2003
Preceded byPaul C. Gartzke
Succeeded byPaul B. Higginbotham
Personal details
Born (1940-07-07) July 7, 1940
Joliet, Illinois, U.S.
SpouseGeorge Roggensack
Children3
Education

Early life and career

Roggensack was born in Joliet, Illinois. She graduated from Lockport Township High School in Lockport, Illinois; she then received her bachelor's degree from Drake University in 1962, and her J.D. degree from the University of Wisconsin Law School in 1980. Roggensack then practiced law in Madison, Wisconsin, for 16 years, including at DeWitt Ross & Stevens S.C.

Judicial career

Roggensack was elected to the Wisconsin Court of Appeals in 1996, narrowly defeating Milwaukee attorney Erica Eisinger in the spring general election.[4] She served seven years on the Court of Appeals District IV, which was composed of most of central and southwestern Wisconsin,[5] being reelected in 2002 without opposition.[6]

Roggensack was elected to the Wisconsin Supreme Court in 2003, defeating Barron County Circuit Court Judge Edward R. Brunner.

Roggensack was elected Chief Justice of the Wisconsin Supreme Court by her peers on April 29, 2015, following the certification of votes from the April 2015 election. Voters approved an amendment to the state constitution that changed the way the chief justice of the Supreme Court was selected. Previously, the justice with the most seniority held the position, but the amendment allowed court members to choose the chief justice.

Following the justices' election of Roggensack as chief justice, former Chief Justice Shirley Abrahamson filed a federal lawsuit challenging the implementation of the constitutional amendment, which was heard on May 15, 2015. Five of the seven justices asked the federal judge to dismiss Abrahamson's lawsuit.[7] On May 15, 2015 the federal court denied Abrahamson's request for immediate reinstatement as chief justice. U.S. District Judge James D. Peterson determined there was no harm in Roggensack serving as chief justice while Abrahamson's lawsuit continued.[8]

Justice Roggensack ultimately relinquished the job of chief justice in April 2021, backing the election of Justice Annette Ziegler as the 27th Chief Justice of the Wisconsin Supreme Court.[9]

In June 2021, the Wisconsin Supreme Court rejected a ban on absentee-ballot drop boxes. Roggensack dissented from the majority, voting to uphold the ban on absentee-ballot drop boxes, arguing there was a need for "judicial resolution by the Wisconsin Supreme Court before the 2022 elections begin."[10]

COVID-19 stay-at-home controversy

On May 5, 2020, during oral arguments in Wisconsin's stay-at-home order case, which challenges the extension of statewide business and school closures due to the outbreak of COVID-19, Roggensack challenged the idea that the outbreak was community-wide and could be replicated elsewhere. Arguing that the most recent increase in COVID cases mainly reflected an isolated outbreak at one JBS meatpacking facility in the Green Bay area, she commented, "Due to the meatpacking, though, that's where Brown County got the flare. It wasn't just the regular folks in Brown County.”

A challenge to acting Wisconsin health secretary Andrea Palm's extension of statewide business and school closures, filed by Senate Majority Leader Scott L. Fitzgerald and House Speaker Robin Vos, Roggensack's comments sparked political criticism from Democratic lawmakers and labor union leaders, labeling her use of the term “regular folks” elitist, classist, and racist.

Precluded from commenting outside of court on cases pending judgement, Roggensack was unable to respond. Defending her statement, Rick Esenberg, President of the Wisconsin Institute for Law and Liberty, said that by "regular folks" Roggensack meant the general population of Brown County.

On May 13, 2020, the Supreme Court declared the stay-at-home order "unlawful, invalid, and unenforceable."[11] In her majority opinion, Roggensack stated DHS Secretary Andrea Palm had no authority to enact the order.[11]

Retirement and 2023 election

Roggensack announced she would not run for re-election in 2023, and would retire at the end of her present term, which expires on July 31, 2023.[12] Before the nonpartisan primary in the 2023 Wisconsin Supreme Court election, Roggensack endorsed Waukesha County circuit judge Jennifer Dorow.[13] After Dorow was eliminated in the primary, Roggensack conspicuously declined to endorse the only remaining conservative candidate in the raceformer Wisconsin Supreme Court justice Daniel Kelly. Eight days before the April general election, Roggensack's daughter, Milwaukee County circuit judge Ellen Brostrom, wrote an article in the Milwaukee Journal Sentinel declaring that Kelly was unfit to serve on the court and encouraging support for Kelly's liberal opponent, Janet Protasiewicz.[14]

Personal life and family

Roggensack's daughter, Ellen Brostrom, serves as a circuit court judge in Milwaukee County.[15]

Electoral history

Wisconsin Supreme Court (1995)

Wisconsin Supreme Court Election, 1995[16]
Party Candidate Votes % ±%
Primary Election, February 21, 1995
Nonpartisan Ann Walsh Bradley 131,889 38.85%
Nonpartisan N. Patrick Crooks 88,913 26.19%
Nonpartisan Ted E. Wedemeyer Jr. 64,668 19.05%
Nonpartisan Patience D. Roggensack 41,303 12.16%
Nonpartisan William A. Pangman 12,753 3.76%
Total votes 339,526 100.0%
General Election, April 4, 1995
Nonpartisan Ann Walsh Bradley 514,588 54.82%
Nonpartisan N. Patrick Crooks 424,110 45.18%
Total votes 938,698 100.0%

Wisconsin Appeals Court (1996, 2002)

Wisconsin Court of Appeals District IV Election, 1996
Party Candidate Votes % ±%
Nonpartisan Patience Roggensack 112,826 50.55%
Nonpartisan Erica Eisinger 110,376 49.45%
Total votes 223,202 100.0%
Wisconsin Court of Appeals District IV Election, 2002
Party Candidate Votes % ±%
Nonpartisan Patience Roggensack (incumbent) 134,900 99.35%
Write-ins 883 0.65%
Total votes 135,783 100.0%

Wisconsin Supreme Court (2003, 2013)

Wisconsin Supreme Court Election, 2003[17]
Party Candidate Votes % ±%
Primary Election, February 19, 2003
Nonpartisan Patience Roggensack 109,501 39.36%
Nonpartisan Edward R. Brunner 89,494 32.17%
Nonpartisan Paul B. Higginbotham 77,584 27.89%
Write-ins 1,604 0.58%
Total votes 278,183 100.0%
General Election, April 1, 2003
Nonpartisan Patience Roggensack 409,422 51.13%
Nonpartisan Edward R. Brunner 390,215 48.73%
Write-ins 1,148 0.14%
Total votes 800,785 100.0%
Wisconsin Supreme Court Election, 2013[18]
Party Candidate Votes % ±%
Primary Election, February 19, 2013
Nonpartisan Patience Roggensack (incumbent) 231,822 63.74%
Nonpartisan Edward Fallone 108,490 29.83%
Nonpartisan Vince Megna 22,391 6.16%
Write-ins 972 0.27%
Total votes 363,675 100.0%
General Election, April 2, 2013
Nonpartisan Patience Roggensack (incumbent) 491,261 57.48%
Nonpartisan Edward Fallone 362,969 42.47%
Write-ins 485 0.06%
Total votes 854,715 100.0%

Sources

References

  1. Shur, Alexander (July 29, 2023). "Patience Roggensack retires after 20 years on Wisconsin Supreme Court". APG WI. Retrieved July 29, 2023.
  2. "Patience D. Roggensack, Wisconsin Historical Society". Retrieved December 22, 2020.
  3. "Wisconsin Court System - Chief Justice Patience Drake Roggensack". www.wicourts.gov. Retrieved December 22, 2020.
  4. "Elections in Wisconsin". State of Wisconsin 1997-1998 Blue Book (Report). State of Wisconsin. p. 872. Retrieved April 22, 2019.
  5. Wisconsin Legislative Reference Bureau. "The judicial branch". State of Wisconsin 1997-1998 Blue Book (Report). State of Wisconsin. p. 554. Retrieved April 22, 2019.
  6. Wisconsin Legislative Reference Bureau. "Elections in Wisconsin". State of Wisconsin 2003-2004 Blue Book (Report). State of Wisconsin. p. 893. Retrieved April 22, 2019.
  7. Patrick Marley. "State high court quickly ousts Shirley Abrahamson as chief justice". The Milwaukee Journal Sentinel, April 29, 2015. Retrieved May 1, 2015.
  8. Rob Schultz. "Judge denies Shirley Abrahamson's bid to be immediately reinstated as chief justice". Wisconsin State Journal. Archived from the original on August 4, 2018.
  9. Vetterkind, Riley (April 15, 2021). "Justice Annette Ziegler elected next Wisconsin Supreme Court chief justice". Wisconsin State Journal. Retrieved May 28, 2021.
  10. "Wisconsin Supreme Court nixes move to ban ballot drop boxes". AP NEWS. June 26, 2021. Retrieved June 27, 2021.
  11. "Wisconsin Legislature v. Palm" (PDF). Retrieved May 14, 2020.
  12. "Milwaukee County Judge Janet Protasiewicz announces candidacy for state Supreme Court". Wisconsin Public Radio. May 25, 2022. Retrieved May 31, 2022.
  13. Zweifel, Dave (January 13, 2023). "Opinion: Roggensack endorsement shows Dorow's true colors". The Capital Times. Retrieved March 27, 2023.
  14. Brostrom, Ellen (March 27, 2023). "Dan Kelly's role in conspiracy to overturn 2020 election makes him unfit to serve on Wisconsin Supreme Court". Milwaukee Journal Sentinel. Retrieved March 27, 2023.
  15. Marie Rohde - Milwaukee Journal Sentinel. "Mother, daughter judges a first for Wisconsin". jsonline.com. Archived from the original on October 31, 2016. Retrieved October 30, 2016.
  16. Barish, Lawrence S., ed. (1995). "Elections in Wisconsin". State of Wisconsin 1995-1996 Blue Book (Report). Madison, Wisconsin: State of Wisconsin. p. 893. Retrieved January 4, 2020.
  17. Wisconsin Legislative Reference Bureau. "Elections in Wisconsin". State of Wisconsin 2003-2004 Blue Book (Report). State of Wisconsin. p. 891. Retrieved April 22, 2019.
  18. Canvass Results for 2013 Spring Election (PDF) (Report). State of Wisconsin. April 2, 2013. p. 1. Retrieved April 22, 2019.
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