VALENTYNA PAVSYUKOVA.
>> THANK YOU.
>> Frederica: IT'S FEBRUARY AND MORE AND MORE PEOPLE THE STATE AND COUNTRY ARE REALIZING THE IMPORTANCE OF WISCONSIN'S SUPREME COURT RACE THIS SPRING.
THERE ARE FOUR CANDIDATES RUNNING AND THE PRIMARY ELECTION FEBRUARY 21 WILL DETERMINE WHICH TWO ADVANCE TO THE GENERAL ELECTION IN APRIL.
"HERE & NOW" SENIOR POLITICAL REPORTER ZAC SCHULTZ CONTINUES THE INTERVIEWS THIS WEEK WITH EVERETT MITCHELL A CIRCUIT COURT JUDGE.
GIVE ME A SENSE OF YOUR JUDICIARY PHILOSOPHY.
>> FOR THE MOST PART IT'S ROOTED IN TWO PIECES.
ONE IT'S UNDERSTANDING OF A LIVING DOCUMENT SO THE WAY WE VIEW THE CONSTITUTION IS LOOKING AT IT TO EXPAND AND COVER THE CURRENT ISSUES WE DO AND THE CURRENT ISSUES WE'LL ENCOUNTER AS A FUTURE GENERATION AND I THINK THE CONSTITUTION WAS WRITTEN FOR THE FLEXIBILITY TO BE EXPAND THAT AND THERE'S TIME WHERE WE HAVE TO HAVE A BIFOCAL APPROACH TO UNDERSTAND THE ORIGINAL INTENT OF THE CONSTITUTION BUT DON'T LET IT STOP YOU FROM EXPAND FROM THE THINGS THAT ARE IMPORTANT FOR OUR STATE MOVING FORWARD.
AS A LIVING CONSTITUTION PERSPECTIVE AS A JUDGE THAT ALLOWS FOR FLEXIBILITY WHEN MAKING DECISION IMPACT EVERY DAY WISCONSI WISCONSINITES.
>> WHEN A STRICT CONSTITUTIONALIST WILL SAY THAT ALLOWS TO YOU INTERPRET HOW YOU RESPOND.
HOW DO YOU RESPOND?
>> WE HAVE A BUNCH OF AMENDMENTS THAT ALLOWED FOR THEM TO EXPAND THE KIND OF THINGS WOMEN VOTING OR ENSLAVED PEOPLE BEING FREE OR VOTING RIGHTS.
IT DIDN'T ENVISION THAT.
IF WE ONLY REFLECTED ON STRAIGHT CONSTITUTIONALISM YOU DON'T ALLOW THOSE THINGS THAT EVOLVED AND MEET THE NEEDS.
IT'S NOT DISREGARDING IT'S EMBRACING WHAT THE SPIRIT OF THE CONSTITUTION MET AND WERE ABLE TO HAVE THE AMENDMENTS TO GIVE ACCESS TO THINGS THE ORIGINAL INTENT AND ORIGINAL FRAMERS DID NOT GIVE ACCESS TO.
>> JUSTICE LOUIS BUTLER WAS THE FIRST AFRICAN AMERICAN MAN TO BE ELECTED TO THE COURT.
WHAT HAVE YOU LEARNED FROM HIM AND WHAT PREPARED YOU FOR THIS RACE FOR YOU?
>> I SPENT TIME THINKING -- FIRST, HE'S ENDORSED ME AND I LISTEN TO HIM AND LEARNED FROM HIM AND TALKED TO HIM WHAT THINGS HE WOULD HAVE DONE DIFFERENTLY AND AS A JUDICIAL CAREER I SPENT TIME IN THINGS INVESTING MAKING HEARTS MATTER AND LISTENING TO YOUNG PEOPLE AND FOCUSSED ON THE RIGHT MESSAGING IN COMMUNITIES AND BEING TRANSPARENT WITH PEOPLE BECAUSE HAVING CONVERSATIONS ABOUT RACE, HAVING CONVERSATION THE THINGS THAT EN -- INCARCERATES MINDS AND CULTURES ALLOWS ME TO HAVE THOSE CONVERSATION.
JUSTICE BUTLER WAS DEALING WITH THE DARKENED SKINS AND TONES.
I'VE HELPED MANY MEMBERS FOR YEARS UNDERSTANDING ALL HAVE BEEN PROGRAMMED WITH THIS.
ANY TIME THEY WANT TO SCARE MAJORITY WHITE INDIVIDUALS IN THE COMMUNITY DARKER SKIN AND IT SENDS PEOPLE BACK TO THE '80s AND '90'S WHEN THEY WERE PROGRAMMED TO THINK OF YOUNG BLACK MEN AS DANGEROUS.
IT'S EXPLAINING TO PEOPLE WE HAVE A CHOICE.
YOU DON'T HAVE TO LET THAT CONTINUE TO RUIN YOUR SUBCONSCIOUS OR LISTEN TO WHO PEOPLE ARE AND REPRESENT YOUR PARTICULAR INTEREST.
>> YOU COMPARE WHAT JUSTICE BUTLER WENT THROUGH AS THE LAST SENATE RACE WITH MENDELA BARNES AND WHAT CAN YOU LEARN FROM THAT?
>> YOU GO BACK TO THE PERCEPTION OF WHAT MAKES YOU DANGEROUS AND AFRAID AND PEOPLE WILL MAKE THAT UP.
IT'S UP TO WISCONSINITES AND ALL PEOPLE TO SAY WE'RE NOT GOING TO ALLOW THESE KINDS OF IMAGES TO DETER US FROM UNDERSTANDING WHO PEOPLE ARE.
LISTENING TO THEIR IDEAS AND CONCERNS AND MAKING OUR DECISIONS BASED ON THAT.
I THINK WE'VE LEARNED A LOT FROM THAT.
I THINK WATCHING THE MENDELA RACE IS A REMINDER THESE ATTACKS ARE STILL OUT THERE BUT I ALSO SAY THE SAME ABOUT WISCONSIN, WE ELECTED OBAMA TWICE.
SO THE NARRATIVE CAN BE BROKEN BECAUSE WE BROKE IT TWICE.
AND WE BROKE IT TO ELECT OUR FIRST AFRICAN AMERICAN PRESIDENT AND WISCONSIN WAS THE ONES THAT GAVE HIM THE VICTORY TWICE.
WE HAVE THE HISTORY AND WE HAVE A HISTORY OF BEING PROGRESSIVE ON IDEAS AND USING CHARACTER OPPOSED TO COLOR TO DEFINE WHAT INDIVIDUALS ARE.
>> ARE YOU RUNNING AGAINST THEM IN THE PRIMARY OR TRYING TO DISTINGUISH YOURSELVES AS THE TWO LIBERALS VERSUS CONSERVATIVES.
>> WHAT DEFINES ME IS WE'LL HAVE VALUES THAT MAKE A DIFFERENCE AND FORMER PROSECUTORS ELECTED AS JUDGE COMMITTED TO THE RULE OF LAW AND WHAT DIFFERENTIATES ME BETWEEN THEM IS THE LEADERSHIP ON AND OFF THE BENCH.
RATHER USING MY VOICE AND MY POWER OF THE BLACK ROLE TO TAKE HANDCUFFS OFF CHILDREN TO MAKE IT MORE FAIR OR RULES TO REMOVE CCAP AND REMOVE PEOPLE CHARGED AND THEN DISMISSED OR EVICTIONS DISMISSED.
IN FACT I JUST FOUND U.W.
LAW SCHOOL HAS AN APP TO ALLOW PEOPLE MORE EASILY GET THE CHARGES THEY HAVE BEEN FOUND NOT GUILTY OF OFF THEIR RECORD AND PEOPLE HAVE EASIER ACCESS BUT AND IF NOT WE WOULDN'T HAVE BEEN ABLE TO GIVE RELIEF TO WISCONSINITE.
THOSE ACTIONS AND VALUES DIFFERENTIATE ME FROM THE REST OF THE FIELD BECAUSE I'M TRYING TO MAKE SURE THE SYSTEM IS FAIR AND NONE OF THIS STUFF I'M GOING TO BE FAIR BECAUSE IT'S NOT FAIR AND THERE'S INEQUALITY BUILT INTO THE SYSTEM BUT IT'S OUR JUDGE TO MAKE SURE THOSE ARE RECEIVE DUE RECEIVE IN A FAIR AND BALANCED WAY AND WE'RE NOT REPEATING A SYSTEM THAT SOMETIMES CAN OPPRESS AND HURT THOSE IN FRONT OF US.
>> ONE PHRASE THAT GETS TOSSED AROUND IS JUDICIAL ACTIVISM.
WHAT'S THAT MEAN TO YOU?
DOES IT HAVE A MEANING MOST CAN AGREE ON?
>> I THINK IT MEANS JUDGES ARE INVOLVING THEMSELVES IN CREATING LEGISLATION FROM THE BENCH.
THEY'RE NOT JUST FOLLOWING THE RULE OF LAW BUT ACTUALLY TAKING A MORE PROACTIVE IN THEIR RULINGS TO IMPACT DECISIONS BEING MADE.
AN EXAMPLE OF ACTIVISM IN SOME WAYS IS THE ROLE OF OVERTURNING ROE BECAUSE IN MANY WAYS THEY WERE DOING SOMETHING AND ASKING FOR THE WHAT THE WORLD WAS NOT ASKING FOR.
IT WAS A CONSERVATIVE GROUP -- IT WAS CONSERVATIVE ACTIVISM SO IT'S CREATING LEGISLATION FROM YOUR DECISION WHICH IS KIND OF INTERESTING.
IN MANY WAYS IF ANYBODY'S EVER BEEN A CIRCUIT COURT JUDGE YOU'RE ALWAYS ASKED TO MAKE DECISIONS FOR WHICH THERE'S NO ANSWERS IN STATUTE OR CASE LOAD SO YOU HAVE TO BE ACTIVE IN CREATING FAIRNESS.
YOU HAVE TO BE ACTIVE IN CREATING JUST OUTCOMES FOR PEOPLE.
YOU HAVE TO BE ACTIVE IN THE TO MAKE REFORMS AND TO MAKE YOU'RE COMMUNITY BETTER.
IN MANY WAYS IT'S A POLITICAL TERM THAT'S MEANT TO DISTRACT US FROM THE ROLES EVERYDAY JUDGES DO BECAUSE IT'S NOT ALWAYS CLEARLY DEFINED WHAT YOU'RE SUPPOSED TO DO AND RULE DECISIONS.
>> THIS WILL BE ONE OF THE MOST HIGHLY ANTICIPATED SUPREME COURT DECISIONS IN THE STATE'S HISTORY.
ARE YOU GETTING THE SENSE FROM PEOPLE THEY UNDERSTAND THE MAGNITUDE THERE'S A LOT OF PEOPLE OUTSIDE WISCONSIN PAYING ATTENTION TO THE SIGNIFICANCE OF THIS RACE?
>> A LOT OF WISCONSINITES ARE STILL STRUGGLING WITH INFLATION AND RENT AND HOW MUCH DOES IT COST TO GET A CARTON OF EGGS NOW?
YOU USED TO GET THEM FOR 99 CENTS AND THOSE DAYS ARE GONE.
THE EVERYDAY STRUGGLED WISCONSINITES ARE FACING IS WHAT I HEARD THROUGHOUT THE FACE IS SUCKING UP THE ENERGY.
AS WE TURN TO FEBRUARY IT WILL GIVE MORE ABILITY FOR PEOPLE TO SAY HOW DOES THIS MATTER TO ME.
IF A CAMPAIGN IS EFFECTIVE AND I THINK WE'VE BEEN EFFECTIVE IN MANY PLACES UNDERSTANDING COURT SYSTEMS HAVE A DIRECT IMPACT IN YOUR LIFE.
HOW?
YOU FELT IT IN NOVEMBER.
HOW'S IT IMPACT YOU?
YOU FEEL IT WITH INCARCERATION AND HOW IT IMPACTS YOU AND THE SUPREME COURT IS LOOKING AT THE IMPACT OF INDIGENOUS AND NATIVE COMMUNITIES.
TRANSLATING THE NEED FOR HAVING PEOPLE WHO UNDERSTAND THE WORLD OF ISSUES AS SO MANY WISCONSINITES FEEL IS GOING TO
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