What's the difference between Jim Doyle
and Rod Blagojevich? (No hair jokes allowed.)
I'm admittedly exaggerating. But each governor recently had an
appointment to make - with obviously different stakes. Each made
politics a key consideration. Only no one seems to care that Doyle
did it.
In Illinois, the loony Blago was impeached for allegedly trying
to sell Barack Obama's Senate seat for political favors.
In Waukesha County, faced with a list of qualified applicants for
the judgeship vacated by the rarely-at-work Mark Gempeler, Doyle
made a blatantly political appointment, choosing Rick Congdon, a
divorce attorney who was, until very recently, the former chairman
of the Waukesha County Democratic Party.
Congdon is a multiple Doyle campaign contributor. He's also
donated money to ultra-liberal federal judge Lynn Adelman. One can
hope that Adelman won't be Congdon's judicial model. Of all the
attorneys whom Doyle could have selected, he managed to find the
most active Democrat probably in the recent history of this very
conservative county. Great!
It's not that Congdon is not a good man. He is. But he wasn't the
most qualified person, and he's ideologically out of step here. The
public has demonstrated that it prefers conservative, or at least
moderate, judges, especially here.
I am not accusing Doyle of illegality or Blago-style brazenness
(although I'm sure the Wisconsin governor wasn't too pleased when
Blagojevich named him as a potential character witness in a
nationally televised press conference).
Blago is much goofier and is accused of criminal wrongdoing,
although I wonder what Pat Fitzgerald would have done with
Travelgate.
But does anyone really think that Congdon would have been
appointed were it not for his political alliance with Doyle? Of
course not. Does anyone think Congdon would have stood a snowball's
chance in you know what with the county electorate were it not for
the Doyle-and-Gempeler manufactured incumbency? No.
Congdon's term is up in 2010. Hysterically, Doyle's breathless
press release announcing Congdon's appointment never mentioned
Congdon's work with the local Democrats. (As recently as 2008,
Congdon donated money to the Democratic Party.)
The Freeman editorialized that Doyle wasn't likely to pick
Antonin Scalia anyway. True. But couldn't he at least pick Lloyd
Carter (a respected prosecutor who applied), instead of a
politically connected divorce attorney?
In November, as Democratic Party chairman, Congdon expressed hope
that Obama's election means Waukesha can be turned more liberal. He
told the media that Americans needed to restore faith in themselves.
During a Waukesha County Assembly race, Congdon absurdly demanded
that conservative candidate and eventual winner Scott Newcomer be
investigated for a felony for voting in Delafield. A special
prosecutor exonerated Newcomer.
Congdon once snidely referred to County Executive Dan Vrakas as
the "anointed one." Congdon represented a woman trying to
keep a day care license after a young girl was allegedly sexually
assaulted under her care. According to media reports, he argued she
shouldn't be expected to watch the children constantly. He once
called former Republican state Rep. Scott Jensen the "Michael
Jackson" of Wisconsin politics.
Congdon's been a loyal foot soldier and partisan flamethrower.
So, Doyle should give him a canned fruitcake for Christmas. Does he
have to give him a judgeship? I'm sure Congdon will now try to
remake himself as non-partisan, just like Mayor Larry Nelson.
Some will argue that Doyle is a Democratic governor, so he gets
to appoint Democrats to the ostensibly nonpartisan post. Of course,
a Gov. Mark Green would have chosen Republican judges.
But in 2003, Doyle did the right thing by letting county voters
pick their own judge, when he opted not to appoint a replacement for
Judge Marianne Becker. He could have done so again.
Doyle has a weak record when it comes to judicial appointments;
look what happened with ousted Supreme Court Justice Louis Butler.
That doesn't bode well for Congdon (who also donated money to
Butler). Doyle should have learned a lesson the last time he foisted
an ideologically unpalatable candidate on voters.
Congdon is regarded by many as nice but a legal lightweight. His
Web site says his practice is "currently primarily focused on
divorce and post-divorce motions."
Let's not go along with the charade that Congdon was the best
candidate. He's sure to draw superior challengers. One, Jennifer
Dorow, is a respected former prosecutor with a history of
volunteerism for the Republican Party (including my husband's
campaign, as a matter of disclosure). She's my pick. Dorow didn't
seek the appointment from Doyle, but she'll likely announce a
challenge to Congdon soon.
As one local Republican lawyer said, "She's savvy, smart, a
fresh spirit, law and order with a heart, precisely what Waukesha
County needs at this time."
My concern is that some conservatives will give Congdon cover
when he ultimately runs to retain the seat like they did with
appeals court and Doyle donor and appointee, Judge Lisa Neubauer.
Many think Congdon is nice. So what. Butler was nice. I'm sure
Adelman is nice. Dorow is nice too, and she wouldn't be an activist
liberal.
(Jessica McBride is a member of the journalism
faculty at the University of Wisconsin-Milwaukee, a blogger and a
Merton resident. Her column runs Saturdays in The Freeman.)