Gov. Scott Walker appoints outgoing Attorney General Brad Schimel to Waukesha court

Patrick Marley , Molly Beck | Milwaukee Journal Sentinel

MADISON - As he leaves office, Gov. Scott Walker will appoint outgoing Attorney General Brad Schimel to a judgeship in Waukesha County.

“Brad Schimel has diligently served the State of Wisconsin as attorney general and the citizens of Waukesha County as district attorney,” Walker said in a Tuesday statement. “Schimel has shown a commitment to the rule of law and the State of Wisconsin. He will continue to faithfully serve our state as Waukesha County Circuit Court judge.”

Schimel — like Walker a Republican — will take a job relinquished last week by Waukesha County Circuit Judge Patrick Haughney.

Attorney General Brad Schimel news conference during the 2018 election Attorney General Brad Schimel speaks to the media following the attorney general debate at the Milwaukee Rotary Club.

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Democrats decried the appointment, with state Rep. Evan Goyke (D-Milwaukee) saying the arrangement appeared to be "scripted behind closed doors" after Walker and Schimel lost their elections.

"This is what people hate about politics, this type of backscratching," Goyke said.

Walker and Schimel on Nov. 6 lost to their Democratic opponents — Walker to state schools Superintendent Tony Evers and Schimel to attorney Josh Kaul.

Evers declined to tell reporters what he thought of the appointment after touring the Sherman Phoenix redevelopment project in Milwaukee.

"I'm focused on my transition, not on theirs," Evers said.

Schimel, who declined to talk about the appointment Tuesday, also considered other options before seeking the appointment from Walker, including getting a job with a corporate law firm or a federal appointment, according to multiple sources.

Haughney this fall announced his plans to resign from the Waukesha County Circuit Court and Walker in September asked anyone who wanted the job to submit an application by Oct. 5. But Walker has the power to name someone to the position who did not apply for it.

Walker's office has not released a list of those who applied for the appointment. Judicial appointments in Wisconsin are made solely by the governor and do not require confirmation by the state Senate or any other body.

The date that Schimel will receive the appointment is still being determined, according to Walker's office. Regardless of when he gets it, he would have to win an election in April for a full six-year term on the court.

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Schimel will take a slight pay cut by joining the court. He will earn about $141,800 as a judge next year, down from his current salary of $145,300.

Rep. Dana Wachs (D-Eau Claire) said he believed Schimel is qualified to be a judge but was concerned about some of his actions, such as a lawsuit he filed to try to invalidate the Affordable Care Act, which is known as Obamacare and provides coverage guarantees for those with pre-existing health conditions.

"He's certainly a competent attorney and will make a competent judge," Wachs said. "But he's certainly going to be a conservative one."

News of the appointment came a day after Schimel conceded he had narrowly lost his re-election bid and announced he would not seek a recount.

Before he was elected attorney general in 2014, Schimel long worked as a prosecutor in Waukesha County. He started with the district attorney's office in 1990 and was elected district attorney in 2006. (In that 2006 race, Walker — then the Milwaukee County executive — endorsed Schimel's opponent instead of him.)

The appointment is Walker's most significant act since he lost the election and began to wind down his time in office.

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Walker could make other major decisions before leaving office. Republicans who control the Legislature are considering holding a lame-duck session to get bills to Walker that would diminish Evers' power as governor, pack state boards with more Republican appointees and change the date of the 2020 presidential primary because they believe it would help conservative state Supreme Court Justice Daniel Kelly win his election that year.

Don Behm of the Journal Sentinel staff contributed to this report from Milwaukee.

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