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Brad Schimel

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Brad Schimel
Judge of the Wisconsin Circuit Court
for the Waukesha Circuit
Branch 6
Assumed office
January 7, 2019
Appointed byScott Walker
Preceded byPatrick Haughney
44th Attorney General of Wisconsin
In office
January 5, 2015 – January 7, 2019
GovernorScott Walker
Preceded byJ. B. Van Hollen
Succeeded byJosh Kaul
District Attorney of Waukesha County
In office
January 3, 2007 – January 5 2015
Preceded byPaul Bucher
Succeeded bySusan Opper
Personal details
Born (1965-02-18) February 18, 1965 (age 59)
Political partyRepublican
SpouseSandi Schimel
Children2
EducationUniversity 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

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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]

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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

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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.[9] 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

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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

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

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Waukesha County District Attorney Election, 2006
Party Candidate Votes % ±%
Primary Election, September 12, 2006
Republican Brad Schimel 20,270 57.59%
Republican Dennis Krueger 14,917 42.38%
Scattering 12 0.03%
Total votes 35,199 100.0%
General Election, November 7, 2006
Republican Brad Schimel 132,967 99.39%
Scattering 820 0.61%
Total votes 133,807 100.0%
Republican hold
Waukesha County District Attorney Election, 2008
Party Candidate Votes % ±%
General Election, November 4, 2008
Republican Brad Schimel 168,330 99.57%
Scattering 731 0.43%
Total votes 169,061 100.0%
Republican hold
Waukesha County District Attorney Election, 2010
Party Candidate Votes % ±%
General Election, November 2, 2010
Republican Brad Schimel 51,290 100.0%
Total votes 51,290 100.0%
Republican hold
Waukesha County District Attorney Election, 2012
Party Candidate Votes % ±%
General Election, November 6, 2012
Republican Brad Schimel 158,479 99.31%
Scattering 1.096 0.69%
Total votes 159,575 100.0%
Republican hold

Wisconsin Attorney General (2014, 2018)

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Wisconsin Attorney General Election, 2014
Party Candidate Votes % ±%
General Election, November 4, 2014
Republican Brad Schimel 1,211,388 51.54% −6.25pp
Democratic Susan V. Happ 1,066,866 45.39% +3.26pp
Independent Thomas A. Nelson Sr. 70,951 3.02%
Scattering 1,120 0.05% −0.03pp
Plurality 144,522 6.15% -9.51pp
Total votes 2,350,325 100.0% +11.26%
Republican hold
Wisconsin Attorney General Election, 2018
Party Candidate Votes % ±%
General Election, November 6, 2018
Democratic Josh Kaul 1,305,902 49.41% +4.02pp
Republican Brad Schimel (incumbent) 1,288,712 48.76% −2.78pp
Constitution Terry Larson 47,038 1.78%
Scattering 1,199 0.05%
Plurality 17,190 0.65% -5.50pp
Total votes 2,642,851 100.0% +12.45%
Democratic gain from Republican

References

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  1. ^ "Brad Schimel". Ballotpedia. Retrieved 21 November 2018.
  2. ^ "Candidate Q&A: Attorney general". Daily Citizen. October 21, 2018. Retrieved 21 November 2018.
  3. ^ "Brad Schimel". Ballotpedia. Retrieved 4 March 2024.
  4. ^ Wisconsin DOJ https://www.doj.state.wi.us/exec-profile/brad-d-schimel
  5. ^ "Waukesha County DA announces attorney general candidacy". Twin Cities Pioneer Press. October 14, 2013. Retrieved 21 November 2018.
  6. ^ Patrick Marley. "J. B. Van Hollen won't seek third term as attorney general". Milwaukee Journal Sentinel October 7, 2013.
  7. ^ Dee J. Hall (29 January 2014). "Republican Attorney General J.B. Van Hollen endorses GOP candidate Brad Schimel as replacement". Host.madison.com. Retrieved 3 January 2018.
  8. ^ "Attorney General race: Republican Brad Schimel defeats Democratic challenger Susan Happ". Fox6now.com. 4 November 2014. Retrieved 3 January 2018.
  9. ^ a b Victor, Daniel (25 June 2018). "Supreme Court Won't Hear Appeal of 'Making a Murderer' Subject Brendan Dassey". The New York Times. Retrieved 2018-10-24.
  10. ^ "The Latest: Attorney Vows to Keep Fighting for Dassey".
  11. ^ "Schimel: Supreme Court shouldn't review Dassey confession". WGBA. 2018-05-11. Retrieved 2018-10-24.
  12. ^ Planned Parenthood of Wisconsin, Inc. v. Schimel, 806 F.3d 908 (7th Cir. November 23, 2015).
  13. ^ Johnson, Shawn (June 28, 2016). "Supreme Court Rejects Wisconsin's Abortion Law Appeal". Wisconsin Public Radio. Retrieved December 12, 2023.
  14. ^ Treleven, Ed (November 22, 2016). "Federal judges panel finds state redistricting plan an 'unconstitutional gerrymander'". Wisconsin State Journal. Retrieved December 12, 2023.
  15. ^ Ruger, Todd (19 June 2017). "Supreme Court to Hear Case on Partisan Redistricting". Roll Call. Retrieved 3 January 2018.
  16. ^ Vetterkind, Riley (June 28, 2019). "U.S. Supreme Court decision leaves Wisconsin gerrymandering case with few prospects". Wisconsin State Journal. Retrieved December 12, 2023.
  17. ^ White, Laurel (June 27, 2019). "US Supreme Court Ruling Effectively Ends Wisconsin Gerrymandering Challenge". Wisconsin Public Radio. Retrieved December 12, 2023.
  18. ^ "Gov. Walker appoints Schimel to the Waukesha County Circuit Court". Associated Press News. November 20, 2018.
  19. ^ a b c Todd Richmond (December 24, 2018). "Schimel recommended 4 others for open judgeship spot". Associated Press News.
  20. ^ a b 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. ^ a b 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. ^ "Lazar still mulling '25 Supreme Court bid as Schimel prepares to launch campaign". Wispolitics.com. November 28, 2023. Retrieved November 28, 2023.
  25. ^ "Schimel launches '25 bid for state Supreme Court". Wispolitics.com. November 30, 2023. Retrieved November 30, 2023.
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Party political offices
Preceded by Republican nominee for Attorney General of Wisconsin
2014, 2018
Succeeded by
Eric Toney
Legal offices
Preceded by Attorney General of Wisconsin
2015–2019
Succeeded by
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