David Prosser Jr., who dedicated his life to serving the people of Wisconsin, has passed away at 81. Raised in Appleton, Prosser represented his hometown in the Wisconsin Assembly for 18 years, from 1979 to 1997. During his time as Assembly Speaker, he spearheaded efforts to build American Family Field and served as Chairman of the Judiciary Committee.
Appointed to the Wisconsin Supreme Court by Governor Tommy Thompson in 1998, Justice Prosser served with for 18 years on Wisconsin’s high court. Prosser was elected to the bench in 2001 and re-elected in 2011 following a tightly contested race against JoAnne Kloppenburg. That race, decided by fewer than 7,000 votes after a recount, highlighted the deeply divided political climate in Wisconsin but also underscored Prosser’s commitment to judicial independence. The Prosser vs. Kloppenburg race signified a turning point, as it marked the start of progressive efforts to align judicial campaigns more closely with the dynamics of partisan elections.
While Prosser was a former Republican lawmaker, he emphasized that his role on the court was not to be the most conservative voice but to approach each case independently. “A judge is not supposed to be a part of a group with an agenda. A judge is supposed to decide each case independently. That’s what I tried to do,” he stated upon his retirement in 2016.
Justice Prosser’s legacy was marred this past June when the liberal-majority Supreme Court removed his name from the David Prosser Law Library. This decision was heartbreaking for many, including Governor Thompson, who reflected on Prosser’s deep connection to the library, which he described as Prosser’s “second home.” Thompson remarked, “No justice worked harder or spent more time in that library than David. Renaming it was a partisan act that does not reflect his extraordinary contributions.”
When he retired, Prosser expressed his desire to be remembered as a significant decision-maker. He once remarked, “One person has the ability to change everything,” referencing his pivotal work in a 2002 decision on the constitutionality of Wisconsin’s concealed-carry law. His thorough research in that case led to a unanimous decision by the Court, highlighting the value of diverse perspectives in judicial decision-making. “It lends some credence to the idea that people with different backgrounds really bring something to the court. They shouldn’t all fit in a nice box,” he reflected.
Justice Prosser’s life reflected a profound commitment to Wisconsin and its citizens. His legacy will be remembered for years to come as an example of tireless dedication to public service and the pursuit of justice. Rest in peace, Justice Prosser.
