David Prosser Jr.

David Prosser Jr.
Portrait, 2009
Justice of the Wisconsin Supreme Court
In office
September 10, 1998 – July 31, 2016
Appointed byTommy Thompson
Preceded byJanine Geske
Succeeded byDaniel Kelly
Commissioner of the Wisconsin Tax Appeals Commission
In office
January 1997 – September 1998
Appointed byTommy Thompson
Preceded byJoe Mettner
Succeeded byThomas Boykoff
72nd Speaker of the Wisconsin State Assembly
In office
January 3, 1995 – January 3, 1997
Preceded byWalter Kunicki
Succeeded byBen Brancel
Minority Leader of the Wisconsin State Assembly
In office
January 3, 1989 – January 3, 1995
Preceded byBetty Jo Nelsen
Succeeded byWalter Kunicki
Member of the Wisconsin State Assembly
In office
January 7, 1985 – January 3, 1997
Preceded byHeron Van Gorden
Succeeded bySteve Wieckert
Constituency57th district
In office
January 3, 1983 – January 7, 1985
Preceded byTommy Thompson
Succeeded byJoe Wineke
Constituency79th district
In office
January 3, 1979 – January 3, 1983
Preceded byTobias A. Roth
Succeeded byHarvey Stower
Constituency42nd district
District Attorney of Outagamie County, Wisconsin
In office
January 1, 1977 – January 1, 1979
Preceded byKenneth F. Rottier
Succeeded byWilliam Drengler
Personal details
Born(1942-12-24)December 24, 1942
Chicago, Illinois, U.S.
DiedDecember 1, 2024(2024-12-01) (aged 81)
Appleton, Wisconsin, U.S.
Political partyRepublican
Alma mater
ProfessionLawyer
Prosser in March 2011

David Thomas Prosser Jr.[1] (December 24, 1942 – December 1, 2024) was an American lawyer, jurist, and Republican politician from Appleton, Wisconsin. He was a justice of the Wisconsin Supreme Court from 1998 until his retirement in 2016. Prior to joining the court, he served as the 72nd speaker of the Wisconsin State Assembly, during the 1995–1996 term, after serving in the Assembly since 1979. Prior to becoming speaker, he led the Republican Assembly caucus for three terms as minority leader.

Earlier in his career, he worked as a congressional aide to U.S. Representative Harold V. Froehlich (R–WI), and served two years as district attorney of Outagamie County, Wisconsin, before his election to the Assembly.

After an unsuccessful bid for the U.S. House in 1996, Prosser was appointed by Wisconsin Governor Tommy Thompson to a vacant seat on the state tax appeals board, then in 1998 to a vacant seat on Wisconsin Supreme Court. He was elected to his first 10-year term without opposition in 2001. His re-election in 2011 came at a time of intense partisan attention on the Court, following the election of Republican Governor Scott Walker and litigation around his signature law, 2011 Wisconsin Act 10. Prosser narrowly won re-election in that race over Wisconsin assistant attorney general JoAnne Kloppenburg.

Prosser received national media attention in 2010 following verbal altercations with Chief Justice Shirley Abrahamson, and also in June 2011 when allegations were made of a physical altercation between Prosser and fellow justice Ann Walsh Bradley that occurred during court deliberations over 2011 Wisconsin Act 10.[2] A special prosecutor investigated but declined to press criminal charges.[3] An ethics action against Prosser was recommended by the Wisconsin Judicial Commission,[4] however, after three other justices recused themselves from the matter, no further action was taken.[5]

Prosser retired from the court in 2016, but returned to state affairs near the end of his life in the fall of 2023, when he was one of three former justices asked to advise Wisconsin Assembly speaker Robin Vos on the question of whether to impeach the then-newest justice, Janet Protasiewicz.[6] Prosser publicly advised Vos to avoid impeachment, saying, "Impeachment is so serious, severe, and rare that it should not be considered unless the subject has committed a crime, or the subject has committed indisputable 'corrupt conduct' while 'in office.'"

  1. ^ Who's Who in American Law, 2002-2003. Marquis Who's Who. 2002. p. 515.
  2. ^ Lueders, Bill (June 25, 2011). "Supreme Court spat got physical". Wisconsin Watch. Retrieved February 23, 2023.
  3. ^ Cite error: The named reference no charges was invoked but never defined (see the help page).
  4. ^ Cite error: The named reference recommends was invoked but never defined (see the help page).
  5. ^ Cite error: The named reference recusals was invoked but never defined (see the help page).
  6. ^ "Impeachment review panel includes David Prosser, a conservative former justice who was a Republican Assembly speaker". PBS Wisconsin. September 15, 2023. Retrieved September 19, 2023.

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