Wisconsin Supreme Court Chief Justice Shirley Abrahamson is shown during a disciplinary hearing for Milwaukee attorney John Carter in September in Madison. Credit: Mark Hoffman

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Madison — The legislative session that convenes in January could be the beginning of the end for state Supreme Court Chief Justice Shirley Abrahamson.

Republicans who control the Legislature are considering one measure that could push her out as chief justice and another that would set a retirement age for judges that could remove her from the court entirely.

The proponents of making changes for the court say their plans aren't aimed specifically at Abrahamson, the court's leading liberal. The proposed retirement age — which could be 75 — also could push conservatives off the bench in the coming years.

Abrahamson and another justice questioned the wisdom of making changes that affect judges and justices for their existing terms, given that there were no restrictions in place when they were last elected.

"To the extent that either enactment affects presently sitting judges and justices, it ignores and overturns the vote of the people," Abrahamson said in a written statement. "The people elected the members of the judiciary for a fixed term and a set office. The Wisconsin constitution should not be used to target judges. If the Legislature adopts these proposals, it is frustrating the electorate and injecting the ugliness of partisan politics into the judiciary, a nonpartisan independent branch of government."

Sen. Tom Tiffany (R-Hazelhurst) is sponsoring a measure to allow the members of the high court to choose the chief justice. Currently, the post goes to the most senior member.

He said he is not targeting Abrahamson.

"I don't look at the personalities," he said. "I look at the principles involved. I think the court members should be able to choose their leader."

The court in recent years has been bogged down in personal disputes, with justices openly criticizing one another behind closed doors, in public meetings and in their legal opinions. Some conservatives have blamed Abrahamson for many of those disputes and have been frustrated by her ability to use her power as the chief justice to delay court matters when she does not agree with the majority.

Abrahamson, 81, was the first woman to sit on Wisconsin's high court and is the longest-serving justice in state history.

Democratic Gov. Patrick Lucey appointed Abrahamson to the court in 1976, and she ascended to the position of chief justice in 1996 when she became the court's most senior member.

The attempts to make changes to the court system come as the 2015 Supreme Court race gears up. Justice Ann Walsh Bradley is seeking a third term and is being challenged by Rock County Circuit Judge James Daley.

Like Abrahamson, Bradley expressed concerns about having the proposals take effect immediately.

"The real question is whether the legislative proposals can retroactively nullify the popular vote of the people who elected a chief justice and justices for 10-year terms," she said in a written statement. "To suggest that the Legislature can or should adopt either measure appears to elevate politics over law."

Daley backs having court members choose the chief justice, but opposes setting a retirement age.

"I support the right of the state Supreme Court justices to choose the chief justice, and I believe it is up to the voters to decide the competencies of a judge," his statement said.

Retirement age weighed

Under an old provision of the state Constitution, judges used to be required to step down soon after they turned 70. In 1977, voters changed the Constitution to allow the Legislature to set a retirement age — but in the 37 years since then, the Legislature hasn't followed through and established one.

Rep. Dean Knudson (R-Hudson) wants to set the retirement age at 75, but said he would agree to another age if that's what other lawmakers preferred. Because of the way the Constitution is written, judges and justices would be able to serve until the July 31 following the year they hit the retirement age.

Knudson said he was not trying to edge Abrahamson off the court.

"My motivation is solely to uphold the Constitution," he said, referring to the provision that says the Legislature must set a retirement age. "This is a duty and obligation of the Legislature that we have not carried through on."

Assembly Minority Leader Peter Barca (D-Kenosha) questioned whether the GOP was trying to push the chief justice out of her job. Voters had been aware of the ages of Abrahamson and the other justices when they elected them, he said.

"It just seems like Republicans have a difficult time with democracy," Barca said.

After Abrahamson, the next oldest justices are N. Patrick Crooks, 76; Patience Roggensack, 74; and David Prosser, who turns 72 on Christmas Eve. Crooks' term ends in 2016, and he has said he is not running for re-election.

If lawmakers go with a retirement age of 75, Daley would not be able to serve the full 10-year term he is seeking on the high court.

He is 67 now and will turn 75 in 2022 — three years before the end of the term. (Bradley is 64 and will turn 75 in July 2025; as it happens, the proposal would cut her term short by one day if she won re-election.)

Knudson said he did not think the Legislature should exempt Abrahamson and other sitting judges from the retirement age while they serve out their current terms. "I don't think it's good public policy to write laws for one individual," he said.

Thirty-three states have mandatory retirement ages for appellate judges, according to the National Center for State Courts.

Choosing a chief justice

For 125 years, the job of chief justice has gone to the longest-serving members of the state Supreme Court. But Republicans want to change the Wisconsin Constitution to have the top justice selected by a vote of the court.

They approved that proposal in 2013 but need to vote on it again in the upcoming, two-year legislative session. It would then go to voters in a statewide referendum for a final decision on whether to amend the state constitution.

The Assembly plans to pass the measure early in the session, and the Senate is also considering moving on it quickly, according to legislative leaders.

That would put it on the April 7 ballot — the date of the election in the Supreme Court race. If legislators move at a slower pace, it would be on the ballot in April 2016, when there is another race for Supreme Court.

Marquette University Law School professor Chad Oldfather said the change could lead to a shift on the court, given that Abrahamson is often in the minority.

"Given the current composition of the court, I think everybody understands the chief would not be the chief if it were left to the voting of the court," he said.

Jason Stein of the Journal Sentinel staff contributed to this report.