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Daniel Kelly (Wisconsin judge)

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Daniel Kelly
Justice of the Wisconsin Supreme Court
In office
August 1, 2016 – July 31, 2020
Appointed byScott Walker
Preceded byDavid Prosser, Jr.
Succeeded byJill Karofsky
Personal details
Born (1964-02-25) February 25, 1964 (age 60)
Santa Barbara, California, U.S.
SpouseElisa Kelly
Children5
EducationCarroll University (BA)
Regent University (JD)
WebsiteCampaign website

Daniel Kelly (born February 25, 1964) is an American attorney and former judge who served as a Wisconsin Supreme Court Justice from August 1, 2016 through August 1, 2020.[1] He was appointed by Wisconsin Governor Scott Walker to fill the unexpired term of Justice David Prosser.[2]

Early life and education

Born in Santa Barbara, California, Kelly grew up in Arvada, Colorado. He moved to Wisconsin in 1982 to attend Carroll University, where he graduated in 1986 with degrees in political science and Spanish.[3] He attended Regent University School of Law for law school, where he was founding editor-in-chief of the law review.[4] [5]

After law school, Kelly clerked for Wisconsin Court of Appeals judge Ralph Adam Fine for one year, then for the United States Court of Federal Claims for four years.[3]

From 1998 to 2013, Kelly worked as a litigator at Reinhart Boerner Van Deuren, a law firm headquartered in Milwaukee. While there, he represented a variety of corporate and political clients, including Republicans in the Wisconsin Legislature in lawsuits over the 2010 legislative redistricting in Wisconsin.[6]

Kelly left Reinhart in 2013 to serve as Vice President and General Counsel for the Kern Family Foundation, a conservative nonprofit in Waukesha County.[6]

In 2014, he left the Kern Family Foundation to co-found a private practice firm, Rogahn Kelly, LLC. He stayed there until his appointment to the Wisconsin Supreme Court.[6]

Wisconsin Supreme Court

After the announcement of the nearing retirement of Justice Prosser, in 2016, Kelly was appointed by Governor Scott Walker to serve as a justice of the Wisconsin Supreme Court. Under Wisconsin law, the seat would come up for election on the next spring election when no other Wisconsin Supreme Court seat was up for election.[7] Justice Kelly ran for a full term on the court when it came up for election in 2020, but was defeated by Wisconsin Circuit Court judge Jill Karofsky. Justice Kelly's term in office ended July 31, 2020.[8]

Wisconsin Carry v. City of Madison

In a 2017 case, Kelly wrote for a 5-2 majority holding that the City of Madison is forbidden under state statute from banning passengers carrying firearms on city buses. [9]

Tetra Tech v. Department of Revenue

In a landmark 2018 administrative law case, Kelly wrote for a unanimous Court in an opinion that ended the practice of judicial deference to agencies' interpretations of their own rules in Wisconsin.[10]

2020 Campaign

On May 28, 2019, Kelly officially announced his intent to run for a full ten-year term on the Wisconsin Supreme Court. He faced two opponents in the race, Marquette University Law School professor Ed Fallone and Dane County Circuit Court judge Jill Karofsky.[11] He came in first in the February primary, but lost the April general election to now-Justice Karofsky.[12]

Post Court career

After losing the 2020 Wisconsin Supreme Court election, Kelly joined a conservative nonprofit, the Institute for Reforming Government, as a senior fellow in constitutional governance.[13] While there, he was the author of the "Lawmaker's Manual for Executive Oversight," a guide for Wisconsin legislators to use their investigatory committee powers to hold executive branch officials accountable.[14]

Since leaving the Wisconsin Supreme Court, Kelly has been vocal in his criticism of his former colleague, conservative justice Brian Hagedorn, for breaking with the court's conservative majority on several decisions. Kelly accused Hagedorn of considering political implications of his rulings instead of "following what the law says."[15]

In early 2022, Justice Patience Roggensack announced that she would retire from her seat on the Wisconsin Supreme Court when her term ended in 2023.[16] In September 2022, Kelly announced that he would run for her seat.[17]

Personal life

Kelly is married to Elisa Kelly, who he met during their time together as students at Carroll University.They have five children and reside in North Prairie, Wisconsin.[3]

Views

After Obama's 2012 re-election win, Kelly said his re-election was a win for the “socialism/same-sex marriage/recreational marijuana/tax increase crowd.”[18] Kelly has likened Social Security to slavery.[18] He has argued that U.S. Supreme Court's decision in Obergefell v. Hodges, which ruled that bans on same-sex marriage were unconstitutional, was illegitimate.[18] In 2014, Kelly wrote that slavery and affirmative action both "spring from the same taproot" and that "neither can exist without the foundational principle that it is acceptable to force someone into an unwanted economic relationship."[19]

Electoral history

Wisconsin Supreme Court Election, 2020[20]
Party Candidate Votes %
Primary Election, February 18, 2020
Nonpartisan Daniel Kelly (incumbent) 352,876 50.04%
Nonpartisan Jill J. Karofsky 261,783 37.13%
Nonpartisan Ed Fallone 89,184 12.65%
N/a Scattering 1,295 0.18%
Total votes 705,138 100.0%
General Election, April 7, 2020
Nonpartisan Jill J. Karofsky 856,344 55.28%
Nonpartisan Daniel Kelly (incumbent) 692,731 44.72%
Total votes 1,549,075 100.0%

References

  1. ^ Beck, Molly (July 23, 2016). "Scott Walker picks Waukesha lawyer Daniel Kelly for seat on Supreme Court | Politics and Elections". host.madison.com. Wisconsin State Journal. Retrieved December 10, 2016.
  2. ^ Walker, Scott (July 22, 2016). "Governor Walker Appoints Daniel Kelly to the Wisconsin Supreme Court". Urban Milwaukee. Retrieved December 10, 2016.
  3. ^ a b c Daley, Dave (October 18, 2017). "Taking a seat: A profile of Daniel Kelly". Badger Institute.
  4. ^ "Regent University School of Law Alumnus Selected to Supreme Court of Wisconsin". November 22, 2016.
  5. ^ Cox, Harvey (November 1995). "The Warring Visions of the Religious Right". The Atlantic. Retrieved May 14, 2020.
  6. ^ a b c "Scott Walker names Daniel Kelly to High Court".
  7. ^ "Gov. Scott Walker appoints attorney Dan Kelly to Wisconsin Supreme Court". FOX6Now.com. July 22, 2016. Retrieved December 10, 2016.
  8. ^ Epstein, Reid J. (April 13, 2020). "Jill Karofsky Wins Wisconsin Supreme Court Race in a Boost for Liberals". The New York Times. ISSN 0362-4331. Retrieved April 14, 2020.
  9. ^ Vielmatti, Bruce (March 7, 2017). "Wisconsin Supreme Court approves passengers carrying guns on Madison buses". Milwaukee Journal Sentinel. Retrieved November 2, 2022.
  10. ^ "End of an age: Courts halt deference to agencies' conclusions of law".
  11. ^ Reilly, Briana. "Dan Kelly launches campaign for Wisconsin Supreme Court".
  12. ^ "Liberal Jill Karofsky wins Wisconsin Supreme Court election, defeating conservative justice Daniel Kelly".
  13. ^ "Former Justice Dan Kelly joins Institute for Reforming Government".
  14. ^ "IRG, Justice Daniel Kelly Launch Oversight Manual to Help Legislature Hold Executive Branch Accountable".
  15. ^ "Ex-Justice Daniel Kelly calls Brian Hagedorn 'supremely unreliable' as he considers pursuing a return to Wisconsin's high court".
  16. ^ "Milwaukee County Judge Janet Protasiewicz announces candidacy for state Supreme Court".
  17. ^ "Former Wisconsin Supreme Court Justice Dan Kelly running in 2023 election".
  18. ^ a b c Journal, Riley Vetterkind | Wisconsin State. "As election nears, COVID-19 pandemic highlights judicial style of Supreme Court candidates". madison.com. Retrieved May 5, 2020.
  19. ^ Beck, Molly. "Supreme Court Justice Daniel Kelly seeks 10-year term on court". Milwaukee Journal Sentinel. Retrieved May 5, 2020.
  20. ^ Canvass Results for 2020 Spring Primary (PDF) (Report). Wisconsin Elections Commission. February 18, 2020. p. 1. Retrieved March 10, 2020.


Legal offices
Preceded by Justice of the Wisconsin Supreme Court
August 1, 2016 – July 31, 2020 		Succeeded by
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