Patience D. Roggensack

Patience Drake "Pat" Roggensack (born July 7, 1940) is the Chief Justice of the Wisconsin Supreme Court.[1] She was elected to the Supreme Court in 2003 and reelected in 2013. She became Chief Justice in 2015. Her term on the court expires on July 31, 2023.[2]

The Honorable

Patience Roggensack
26th Chief Justice of the Wisconsin Supreme Court
Assumed office
April 29, 2015
Preceded byShirley Abrahamson
Justice of the Wisconsin Supreme Court
Assumed office
August 1, 2003
Preceded byWilliam A. Bablitch
Judge of the Wisconsin Court of Appeals District IV
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.
Spouse(s)George Roggensack
Children
  • Ellen Brostrom
  • 2 others
EducationDrake University (BA)
University of Wisconsin,
Madison (JD)

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.[3] She served seven years on the Court of Appeals District IV, which was composed of most of central and southwestern Wisconsin,[4] being reelected in 2002 without opposition.[5]

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.[6] 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.[7]

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 meatpacking facility, 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." [8] In her majority opinion, Roggensack stated DHS Secretary Andrea Palm had no authority to enact the order.[9]

Personal life and family

Roggensack's daughter, Ellen Brostrom, serves as a circuit court judge in Milwaukee County.[10]

Electoral history

Wisconsin Supreme Court (1995)
Wisconsin Supreme Court Election, 1995[11]
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[12]
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[13]
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. Patience D. Roggensack, Wisconsin Historical Society
  2. Patience Roggensack, Wisconsin Supreme Court
  3. "Elections in Wisconsin". State of Wisconsin 1997-1998 Blue Book (Report). State of Wisconsin. p. 872. Retrieved April 22, 2019.
  4. Wisconsin Legislative Reference Bureau. "The judicial branch". State of Wisconsin 1997-1998 Blue Book (Report). State of Wisconsin. p. 554. Retrieved April 22, 2019.
  5. Wisconsin Legislative Reference Bureau. "Elections in Wisconsin". State of Wisconsin 2003-2004 Blue Book (Report). State of Wisconsin. p. 893. Retrieved April 22, 2019.
  6. Patrick Marley. "State high court quickly ousts Shirley Abrahamson as chief justice". The Milwaukee Journal Sentinel, April 29, 2015. Retrieved May 1, 2015.
  7. Rob Schultz. "Judge denies Shirley Abrahamson's bid to be immediately reinstated as chief justice". Wisconsin State Journal. Archived from the original on 2018-08-04.
  8. "Wisconsin Legislature v. Palm" (PDF). Retrieved 2020-05-14.
  9. "Wisconsin Legislature v. Palm" (PDF). Retrieved 2020-05-14.
  10. Marie Rohde - Milwaukee Journal Sentinel. "Mother, daughter judges a first for Wisconsin". jsonline.com. Archived from the original on 2016-10-31. Retrieved 2016-10-30.
  11. 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.
  12. Wisconsin Legislative Reference Bureau. "Elections in Wisconsin". State of Wisconsin 2003-2004 Blue Book (Report). State of Wisconsin. p. 891. Retrieved April 22, 2019.
  13. Canvass Results for 2013 Spring Election (PDF) (Report). State of Wisconsin. April 2, 2013. p. 1. Retrieved April 22, 2019.


Legal offices
Preceded by
Paul C. Gartzke		 Judge of the Wisconsin Court of Appeals District IV
1996 – 2003		 Succeeded by
Paul B. Higginbotham
Preceded by
William A. Bablitch		 Justice of the Wisconsin Supreme Court
2003 – present		 Incumbent
Preceded by
Shirley Abrahamson		 Chief Justice of the Wisconsin Supreme Court
2015 – present
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