As part of an investigation involving open records requests regarding Wisconsin Supreme Court Justice Michael Gableman and his campaign financial supporters, Badger Democracy has discovered that the Koch brothers’ influence on the judiciary has been active in Wisconsin – aided by supposedly “non-partisan” justices. This practice confirms a report first published by John Fialka in the Wall Street Journal in 1999, which characterized the “law and economics” courses originated by Koch Industries in 1995:
The topic: hard-nosed, market-based economics, a
subject Judge Corrigan says he never took in
college. “Talk about a mental challenge,” the judge
raves.
Equally interesting, however, was the identity of
the founder and key patron of the two-week
seminar: a Koch family foundation headed by an
official of Koch Industries Inc. of Wichita, an oil,
natural gas, minerals and agribusiness giant that
aggressively lobbies government.
This class, taught by Henry Butler, came to the Wisconsin Judicial Conference 12 years after the publication of the WSJ report, at the 2009 Judicial Conference. With the help of methodical and systematic co-opting of academicians and institutions, Koch influence came to Wisconsin, still under the radar in 2009 – with a little help from a “non-partisan” judge…from Waukesha County.
Documents obtained by the Wisconsin Judiciary Education Board confirm that Justice Michael Gableman has fulfilled his required continuing education hours by attending State Judicial Conferences for the years 2008 , 2009 , 2010 , and 2011 (links to conferences agendas attached). In almost all cases, seminars at these conferences deal with non-partisan matters of law, changes in legislation affecting sentencing, etc. For example, at the 2010 conference (link, above), seminars were held pertaining to new OWI laws, updates on deferred compensation and early retirement planning; at-risk restraining orders, and increasing prison populations and sentencing issues. One year before Scott Walker would be elected to office, and Koch Industries would become a household name connected with political influence, a Waukesha County Judge brought a known Koch Industries “academician” to present his “Law and Economics” program to the 2009 State Judiciary Conference.
Judge Paul F. Reilly is an Appeals Court Judge in District II, Waukesha County. While the office is supposedly non-partisan, Reilly is a known Republican. In the 2010 election, Reilly received the endorsement of the heavily Republican-conservative Wisconsin Family Action PAC, applauding his bringing “…respect for the law and the separation of powers to this key judicial position.” The twisting of “separation of powers” meaning was key to conservatives in defending the overreach of Act 10 enactment, and their legal opining that courts could not intervene – even in light of constitutional challenges. According to Judicial Education Commission staff, Reilly “pushed hard” for Henry Butler’s seminar on Law and Economics to be included in the 2009 program. A non-partisan judge, lobbying for a seminar created, and paid by Koch Industries in 1995, focusing on Friedman principles of “free-market economics.” Butler moves from one university to the other with private funding. In 2009, the program was at Northwestern University. Now, the Law and Economics program resides at George Mason University – but always under the direction of Henry Butler.
Henry Butler is a known conservative and free market proponent-economist. Butler had a long affiliation with the American Enterprise Institute, having been the former director of the “Judicial Education Program.” In 1992, Butler left George Mason University to accept the “Koch Distinguished Professor of Law and Economics” at the University of Kansas – funded entirely by a generous grant from the Koch Foundation. While at the U of K, Butler developed his course, with money, support, and influence on policy from the Kochs. In its formative stages, U of K received over $2 million dollars in private endowments from the Koch Foundation for the “Judicial Education” Institute (pgs. 18-20 of the document).
A report by Bruce Green prepared for the Koch Foundation in 2004 (pgs. 18-28 of the document) discloses that Butler, with Koch support and money, began developing, publicizing, and teaching a course with the intent of influencing state judicial opinion – with the express goal of gaining “free-market” supporting decisions at the all-important state level. Bruce A. Green at that time was the Stein Professor of Law at Fordham University School of Law and the director of the Louis Stein Center of Law and Ethics. The original study conducted by Green, upon which this report was based, was based on the following report: Bruce A. Green, Ethics of Judicial Education: An Analysis of Private Charitable Gifts for Judicial Learning (Oct. 15, 1999). The report was prepared for three foundations-the Charles G. Koch Foundation, the Claude R. Lambe Foundation, and the Fred and Mary Koch Foundation, which retained the author to render, on a compensated basis, a report on the propriety of private foundation support for judicial education programs. Additionally, this study drew on the author’s remarks at a program entitled “Continuing Education for Federal Judges: Purpose, Problems and Public Perception-The Controversy Examined.” The Conference was sponsored by the American Bar Association (ABA) Standing Committee on Federal Judicial Improvements at the ABA’s annual meeting in Chicago on August 5, 2001.
Henry Butler, heading the Law and Economics program now at George Mason, keeps the espoused principles grounded firmly in the conservative principles of an unrestrained, free market capitalism – without regulation getting in the way. The reading list for the program is indicative of that bias – many of the readings are required reading for the American Enterprise Institute. The video introduction of the program gives a synopsis of the mission – train judges to rule in favor of in matters of particular interest to big business, monopolies, trusts – the Kochs of the world.
Butler was a key “scientific expert” who testified and created “studies” friendly to big tobacco during the 1980′s hearings. This from “Corporate Corruption of Science”:
Butler seems to be a well-known partisan economist and law professor, who is active in Republican circles, and who associates himself closely with many of the more powerful right-wing think-tanks, policy groups and societies. He clearly has aspirations to be a Republican Congressman like his father, but (judging from his work record) he probably doesn’t stay long enough in any one university to establish himself with the local GOP officials.
As an academic, he certainly has the ability to move in the right corporate/wealth sectors, and he belongs to the organizations which are able to attract money from those who wallow in it. He has received grants/fellowships from the Koch, Olin, Coor and Scaife-funded organisations, and he currently serves on the:
- Legal Advisory Council of the American Enterprise Institute’s Legal Center for the Public Interest,
- Advisory Council of Atlantic Legal Foundation,
- Legal Policy Advisory Board of the Washington Legal Foundation
Indeed, Butler ran as a Republican for Congress (Virginia) in 1992, and lost – despite a $1000 contribution from David Koch.
Candidate Interview – Wisconsin Secretary of State Doug LaFollette
Wisconsin Secretary of State Doug LaFollette is one of the most recognized and educated environmental advocates not only in Wisconsin, but the nation. Born in Des Moines, Iowa; LaFollette received his BA from Marietta College, his Master’s Degree in chemistry from Stanford, and his PhD in organic chemistry from Columbia. He began a teaching career at UW-Parkside, and was a key organizer (with Gaylord Nelson) of the first Earth Day in 1970 prior to entering politics. LaFollette also started Wisconsin’s Environmental Decade with Peter Anderson, now known as Clean Wisconsin. LaFollette served as Secretary of State from 1975-1979, and from 1983 to the present. His great-grandfather and Robert M. LaFollette were brothers.
Doug LaFollette is energized and passionate about the recovery of progressive values in Wisconsin, having lived those values his entire life. In this writer’s opinion, LaFollette and Kathleen Vinehout have occupied periphery treatment in this brief campaign by the majority corporate media. That is a tragedy. Both of these candidates will be intimately involved in the recovery of a progressive Wisconsin through their expertise and experience. They have a great deal to offer the grassroots and the political landscape shift occurring. Our interview was conducted on April 7, 2012 as LaFollette was busy in downtown Madison collecting the signatures necessary to be placed on the primary ballot.
BD – What does this movement mean to you not only as a politician, but as a citizen of the state?
LaFollette – As I’ve been elected many times and served Wisconsin for a long time as Secretary of State, I have the opportunity to travel around the world on behalf of the people of Wisconsin. I was always told “Wisconsin is such a wonderful progressive state” by people from all over. When this past year, for the first time, people started asking me “what is wrong with Wisconsin – what happened?” I couldn’t sit back and let it just happen. This is all about people politics…taking back democracy for the people over powerful money and corporations. To support that, I’ve promised to take no out-of-state PAC money for my campaign.
BD – What would be your first act as Governor?
LaFollette – I would sit with key personnel to appoint new agency heads. That is the first step to repairing the damage done, because the budgeting process doesn’t happen for some time after the election, and we may not control the legislature going into the next session. Top priority is a new DOA Secretary (replacing Mike Huebsch), and DNR (Cathy Stepp). In addition, I would return administration of the DNR to the DNR board, where it belongs. The constitutional authority of the Secretary of State also needs to be restored as a balance of power against an authoritarian Governor or Legislature. I will make sure we get back to Wisconsin Ideas, not these ALEC, out-of-state ideas. We have to get back to supporting the University of Wisconsin, so it can contribute to finding Wisconsin ways to deal with our economic problems.
BD – How does your experience as Secretary of State make you uniquely qualified to be Governor?
LaFollette – It is my years of experience and maturity primarily. I have nothing to prove politically – I would not be the Governor of any one group. I have support from independents, progressives, Democrats – I’ve even gotten great response from Republicans who do not like how Scott Walker has torn apart this state. I would govern for all the people of Wisconsin.
BD – How would you dispense with Act 10 as Governor?
LaFollette – I would take a two-step approach. First, I would work through the summer to elect a state legislature that believes in the right to organize. The Governor can’t accomplish this alone. Scott Walker could not have single-handedly passed Act 10 – he had a complicit legislature. We have to elect a legislature that will support the Governor in repealing Act 10. In the immediate term, I would order the DOA to sit down and re-negotiate with all the public unions, examine the contracts, and work out agreements that benefit both parties. No more of this shutting-out the public employees who serve this state so well.
BD – In its annual report dated January 31, 2011 to Joint Finance Committee Chairs Senator Alberta Darling and Rep. Robin Vos, the Legislative Fiscal Bureau indicated a net balance at fiscal year-end of $56.4 million (before Scott Walker assumed office). In the same report one year later, dated February 9, 2012, the LFB indicates a fund balance deficit of $208.2 million – primarily due to decreased revenue as a result of Acts passed by the current Governor and Legislature. In this fiscal and political climate, how do you repair the damage done to public education, healthcare, and jobs?
LaFollette – It is important to understand again, that the Governor cannot do this immediately. However, I would work on plans and solutions to propose to the Legislature that would repair the damage. For example, I would examine every corporate tax cut Scott Walker put in his budget, and look at which we could repeal and rollback to fund our Technical, University, and public education system. We have to collect a fair share of revenue being lost to wealthy, giant corporations that have been lost during this administration.
BD – What substantive difference is there between you and the other candidates in this primary?
LaFollette – My style and approach is completely different. I’ve been a progressive all my life. My fight is the progressive fight of this grassroots movement – we have to stop these big money and special interest approaches here and now. We have to prove Wisconsin can do it better.
BD – How would you govern after this year of unprecedented single-party power grabs and partisan legislation?
LaFollette – First, let me say it has been a mistake for Labor to endorse and take sides. This election has to be about bringing people together again, and that is how I would govern. That’s why I took no special interest interviews, and did not seek endorsements. I will not be a special interest candidate or Governor – I will truly represent the people.
If there is a longshot candidate, Doug LaFollette is it. No matter the outcome of the primary, he is a true original, and has at heart the true interests of the people of Wisconsin. He gets it. We must hope if LaFollette doesn’t win the primary, that the winner of the primary to take on Scott Walker listens to Doug LaFollette. There is progressive wisdom in his ideals that can resonate throughout the state.
Badger Democracy is scheduling interviews with Tom Barrett for next week, and will post as soon as completed. Share, engage, and discuss. In the words of Robert M. LaFollette said, “…the only cure for the ills of democracy is more democracy.”
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Posted by Badger Democracy on April 20, 2012
http://bdgrdemocracy.wordpress.com/2012/04/20/candidate-interview-wisconsin-secretary-of-state-doug-lafollette/