David Prosser, a prominent figure in Wisconsin's political and judicial arenas, passed away at 81 after battling cancer. His long career was marked by significant contributions to both legislative and judicial systems, leaving a lasting impact on the state.
The Associated Press reported that Prosser's career spanned nearly four decades, influencing key legislative actions and shaping judicial practices through his roles in the Wisconsin Assembly and state Supreme Court.
Prosser's journey began with his education at the University of Wisconsin-Madison, where he graduated from law school in 1968. His early career included various legal and teaching positions, providing a strong foundation for his future endeavors.
In 1978, Prosser's political career took flight when he was elected to the Wisconsin Assembly. His tenure spanned 18 years, during which he served as the Assembly speaker for two years. His leadership was characterized by a commitment to pragmatic solutions, as noted by former Gov. Tommy Thompson, who praised Prosser for his "common sense solutions" and ability to "count votes and deliver when it mattered."
Prosser's legislative achievements included efforts to secure funding for Miller Park, showcasing his ability to navigate complex political landscapes to achieve results.
In 1998, Prosser transitioned to the judiciary when Gov. Tommy Thompson appointed him to the Wisconsin Supreme Court. He was subsequently elected in 2001 and again in 2011, underscoring his enduring influence and popularity.
His tenure on the court was not without controversy. One notable episode involved Wisconsin’s 2011 law limiting collective bargaining for public workers, championed by then-Gov. Scott Walker. The law sparked significant public debate, making Prosser's 2011 reelection a de facto referendum on Walker's policy.
Prosser's narrow victory by just over 7,000 votes was confirmed after a recount, highlighting the contentious environment in which he operated.
Prosser’s time on the Supreme Court was marked by interpersonal and judicial conflicts. Notably, in June 2011, Justice Ann Walsh Bradley accused him of putting his hands around her neck during a heated argument over Act 10, a law upheld by the court.
This alleged physical altercation was investigated but led to no formal charges. An ethics complaint was also hindered by a lack of quorum. These incidents exemplify the contentious atmosphere Prosser navigated while serving on the bench.
Despite these controversies, Chief Justice Annette Ziegler commended Prosser for profoundly shaping Wisconsin's "legal, legislative, and judicial landscape," acknowledging his service across all government branches.
Prosser retired from the Wisconsin Supreme Court in 2016, concluding an 18-year term. However, his retirement did not mark the end of his influence. In 2023, Assembly Speaker Robin Vos selected him to offer guidance on potential impeachment proceedings against Justice Janet Protasiewicz.
In this advisory role, Prosser recommended against impeachment, showcasing his continued engagement with Wisconsin's political discourse even after his official retirement.
In recognition of his contributions, the state Supreme Court initially named the Wisconsin Law Library after Prosser. The library has since been renamed, honoring Lavinia Goodell, reflecting shifts in legacy acknowledgment.
Prosser's career remains a blend of significant accomplishments and controversies. His legislative and judicial work greatly influenced Wisconsin's political trajectory, positioning him as a complex and multifaceted figure in the state's history.
Former Chief Justice Shirley Abrahamson was one of several liberal justices with whom Prosser had disagreements. These interactions further illustrate the complex dynamics within the state Supreme Court during his tenure.
Ultimately, David Prosser's career encapsulates a dedicated public service career with lasting implications for Wisconsin's political and judicial landscape. As reflected in the comments from peers and leaders, his contributions were both impactful and occasionally contentious, painting a portrait of a figure driven by a commitment to his state's public good.
