A Wisconsin Appeals Court election was shaping up to break records until a candidate got kicked off the ballot

SUPREME COSTS: This is a follow-up to a series of articles about how Wisconsin chooses its judges. Read the rest of the series here.

The Wisconsin Court of Appeals may be the least visible layer of the state judiciary.

Almost all of its work is behind the scenes. It doesn’t conduct the dramatic trials that can grab headlines in circuit courts. Its rulings in high-stakes cases are usually appealed to the state Supreme Court — if those cases don’t bypass the appellate court altogether. 

But Wisconsin’s intermediate court does have one thing in common with the high court: increasingly expensive campaigns.

In recent years, spending on two Court of Appeals campaigns in the Waukesha-based District 2 exceeded the million-dollar mark — far short of the national record $144.5 million spent on the 2025 Supreme Court race, yet almost certainly unprecedented for Wisconsin appellate elections.

Now another seat is open in that same district, with the upcoming retirement of Presiding Judge Lisa Neubauer, the lone liberal among the district’s four jurists.

The race to replace Neubauer effectively ended Jan. 13, when the Wisconsin Elections Commission disqualified candidate Christine Hansen, an administrative law judge for the state Department of Corrections. Barring a write-in campaign, attorney Anthony LoCoco — known for his work with the conservative Wisconsin Institute for Law and Liberty and Institute for Reforming Government — will be unopposed in the officially nonpartisan April 7 election. 

Hansen’s husband notarized her declaration of candidacy, which is against state law. On the recommendation of its staff, the bipartisan commission voted 5-1 to block her from the ballot. 

Before Hansen was knocked out of the race, LoCoco was gearing up for a contest that could have reached the previous spending heights of 2021 and 2022. He raised $209,603 by Dec. 31, his campaign finance report shows.

That’s four times as much as fellow conservative Maria Lazar raised by this point in her successful 2022 bid for another seat in the same district — and even more than Lazar raised last year in her current campaign for Supreme Court.

Of the 10 candidates in five contested Court of Appeals elections in the last decade, only Neubauer posted a bigger total on a January report: $231,264 for a 2020 reelection race that followed her narrow loss for Supreme Court in 2019.

In comparison, Hansen raised $50,000, all from her own pocket.

Lazar is facing liberal District 4 Appeals Court Judge Chris Taylor in the Supreme Court race to succeed conservative Justice Rebecca Bradley, who is not seeking reelection. If Lazar wins, conservatives would retain their three-justice minority on the seven-member high court — but Democratic Gov. Tony Evers could name a liberal to replace Lazar in District 2, maintaining its current 3-1 conservative-liberal split.

That district has become Wisconsin’s top appellate court battleground. Statewide, 44 of 53 appellate races were uncontested from 2008 through 2025, along with all three this spring. But five of the nine contested races were in District 2, and total spending in four of those contests topped half a million dollars each, including the two million-dollar campaigns. Spending was under $300,000 in the other five races, including one in which the two candidates spent less than $25,000 total.

Like the Supreme Court, the rising cost of some appellate court campaigns appears to be part of a nationwide trend, and for some of the same reasons: growing involvement of political parties and special interests, driven by hot-button issues and national polarization and fueled by Wisconsin’s narrow ideological divide and lax campaign finance laws.

But it also reflects a dynamic in which each of the four Court of Appeals districts has evolved into liberal or conservative turf, triggering a challenge whenever a governor fills a vacancy with a judge from the other side.

Quiet but powerful

The Court of Appeals didn’t exist for Wisconsin’s first 130 years. Until 1978, all appeals from trial courts went directly to the state Supreme Court, unlike the three-level federal system. Eight sparsely populated states still don’t have appellate courts.

Now, after a 1977 state constitutional amendment created the Court of Appeals, 16 appeals judges are elected for six-year terms, on a staggered schedule. Five judges sit in Madison-based District 4 — which covers 24 central and western counties and originally heard virtually all challenges to state laws — with four each in District 1 (consisting of Milwaukee County only) and District 2 (covering the other 12 counties in southeastern and east-central Wisconsin) and just three in the 35-county northern District 3, based in Wausau.

Those judges work in three-member panels for about three-quarters of their cases. Single judges handle the least complex appeals, such as small claims, misdemeanors and violations of traffic laws or municipal ordinances.

Contributing to the court’s low profile, appellate judges hear oral arguments in only about 1% of cases. More often, the judges focus on attorneys’ written briefs and lower court trial transcripts.

But in its quiet way, the Court of Appeals holds the final word on nearly all everyday cases. In 2024, civil litigants and criminal defendants filed 2,529 appeals in the appellate courts. They appealed 561 of the appellate judges’ decisions to the Supreme Court. However, the high court agreed to hear just 17 appeals, typically only those posing significant constitutional questions. In another six cases, the justices allowed the parties to bypass the appellate court altogether. That means more than 99% of cases appealed from circuit courts ended at the Court of Appeals.

With so few cases going to the high court, the stakes are rising in appellate court elections, former Supreme Court Justice Janine Geske said.

A bench divided

Running in nonpartisan elections, many Court of Appeals candidates were traditionally not viewed as liberal or conservative. But that has changed in recent years, mirroring the highly public divisions on the Supreme Court.

Of the 16 current Court of Appeals judges, eight were appointed to the appellate or circuit bench by Democratic governors, ran for the Supreme Court as liberals or ran for or won partisan office as Democrats. Another six were either former GOP Gov. Scott Walker’s appointees, ran for the appeals court as conservatives or held partisan office as Republicans.

Retiring Chief Judge Maxine White and Deputy Chief Judge Joe Donald were appointed to Milwaukee County Circuit Court by former GOP Gov. Tommy Thompson and to the District 2 bench by Evers, while District 4 Judge Jennifer Nashold held appointed offices under both Walker and former Democratic Gov. Jim Doyle. However, all are considered liberals. That means  all judges in Districts 1 and 4 are liberals, while conservatives hold all District 3 seats. Only District 2 is ideologically split.

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That distribution reflects the political composition of the districts, former Supreme Court Justice Dan Kelly said. All District 2 counties voted for Republicans in the 2024 presidential and 2022 gubernatorial elections, but liberals carried Kenosha and Winnebago counties in the last two Supreme Court races, plus Racine County in 2025.

While the divide among District 2 judges isn’t new, it didn’t initially draw political attention. After Doyle appointed Neubauer to fill a vacancy in 2008, ideology didn’t play a major role in her campaign for a full term later that year. She won that $641,259 contest against attorney William Gleisner, then was unopposed for reelection in 2014. 

It was only after Neubauer ran a liberal Supreme Court campaign against conservative District 2 colleague Brian Hagedorn in 2019 that she became a target of the right. She fended off a 2020 challenge from conservative Waukesha County Judge Paul Bugenhagen Jr. in a $589,037 campaign.

Challenges to another Democratic governor’s appointees soon followed. In 2021, Shelley Grogan, a Bradley aide and Muskego municipal judge, attacked her opponent, then-incumbent Jeff Davis, as a liberal appointed by Evers in 2019 — even though Davis had strong Republican ties and was endorsed by conservative Justice Annette Ziegler and former conservative justices Patience Roggensack and David Prosser. 

Grogan — who was backed by Walker, Bradley, Kelly and Republican billionaires Richard and Elizabeth Uihlein and Diane Hendricks — defeated Davis in a $1.56 million campaign. Although the Wisconsin Democracy Campaign doesn’t track appellate court campaign spending the way it does Supreme Court races, the 2021 District 2 contest was likely the state’s most expensive. 

In 2022, Lazar took down then-incumbent Lori Kornblum, who had been appointed by Evers earlier that year, in a $1.05 million contest.  

Conversely, former Democratic Assembly candidate Sara Geenen scored a 2023 victory in a $299,717 District 1 campaign to unseat then-incumbent William Brash, a 2015 Walker appointee who had been unopposed for a full term in 2017. Geenen won by 37 percentage points, the widest margin of victory in the last nine contested races.

Originally positioning himself to challenge Neubauer, LoCoco’s campaign website leaves no doubt where he stands. On his homepage, he labels himself “a proven conservative fighter who will keep our communities safe and the bureaucracy out of our lives.” Elsewhere, he rails against “activist judges who have … given in to woke ideology,” and he blames “progressive politics” for “putting our kids and families in danger.”

LoCoco is endorsed by an array of Republican politicians — including Walker and Fond du Lac County District Attorney Eric Toney, now running for attorney general — and conservative jurists, including Bradley, Ziegler, Kelly, Lazar, Grogan and District 2 Judge Mark Gundrum. LoCoco’s top donors include former GOP Senate candidate Eric Hovde and the Uihleins.

LoCoco’s approach differs from that of most judicial candidates, who traditionally have tried to play down their ideological leanings, regardless of who has endorsed or donated to them, particularly in the lower courts. Only in recent years have Supreme Court candidates publicly stated their views on controversial issues like abortion, public employee collective bargaining rights and legislative redistricting. Campaign websites for Lazar and Taylor portray them as independent and impartial.

Following the money

However, state and local arms of the two major parties have been increasingly involved in recent Court of Appeals races, although their spending started years later and at a much lower level than in Supreme Court races. 

District 2 accounted for all three of the races with Republican cash: $34,054 to Grogan, $19,140 to Bugenhagen and $10,856 to Lazar. It was also home to three of the five contests with Democratic money: $189,272 to Davis, $66,777 to Kornblum and $14,146 to Neubauer. Democrats gave another $14,126 combined to Geenen and losing 2021 District 3 candidate Rick Cveykus.

All told, the parties have spent $348,372 on appellate races since 2020, with Democrats outspending Republicans more than 4 to 1. The combined $223,326 of party spending in the 2021 Grogan-Davis race was the most for any Court of Appeals campaign.   

District 2 was also the focus of another relatively new development in appellate elections: independent spending by special interests that advertise separately from candidates’ campaigns, though at much lower levels than in Supreme Court races. Lazar was backed by $250,000 in outside spending by Fair Courts America — funded by Richard Uihlein to back conservative judicial candidates — and Grogan benefited from $56,173 spent by the Republican State Leadership Committee, a national organization. 

The Uihlein group spent more than Lazar’s own campaign, the only time that has happened in a Court of Appeals race. Together, the $306,173 in independent expenditures by conservative groups was more than 27 times the combined total of $11,134 that liberal groups spent in support of Davis, Neubauer and former Dane County District Attorney Brian Blanchard, who won a District 4 seat in 2010.    

Nationally, million-dollar campaigns for intermediate appellate courts remain uncommon,  according to Douglas Keith, deputy director of the judiciary program at the Brennan Center for Justice at New York University. The Brennan Center compiles campaign spending figures for state Supreme Court races but not lower court contests.

However, Wisconsin’s top two Court of Appeals campaigns weren’t the country’s most expensive. In 2004, a Georgia candidate reportedly spent more than $3 million of his own money on a losing bid for an appellate judgeship. And 2023 spending by four candidates seeking two Pennsylvania appellate court seats totaled more than $2.6 million.

As with Supreme Court campaigns, wealthy individuals can donate heavily to influence lower court contests, Keith noted. Before billionaire Elon Musk spent $55.9 million on Wisconsin’s 2025 high court election, he gave a total of $3 million to two political action committees active in multiple 2024 Texas judicial races.  

For now, most appellate court campaigns are “still very much under the radar,” Keith said. But that could change “as we’re seeing greater recognition of just how important these courts are,” he added.