David Prosser, a prominent figure in Wisconsin politics and law, has passed away at the age of 81 after a protracted battle with cancer. His family made the announcement on Monday, noting that he died on Sunday. Prosser’s career spanned 18 years in the Wisconsin Assembly, where he held the role of speaker towards the end of his tenure, and an equal duration on the state Supreme Court, from which he retired in 2016.
Throughout his career, Prosser played a pivotal role in some of Wisconsin’s most significant political controversies. One of the most notable was the 2011 legislation introduced by then-Governor Scott Walker that curtailed collective bargaining for a majority of public employees. This law was met with considerable opposition and became a focal point in the Supreme Court election campaign that year, where Prosser narrowly won reelection by just over 7,000 votes, surviving a recount process.
In June 2011, during a discussion about the court’s decision to uphold the controversial Act 10 law, Prosser became involved in a physical confrontation with Justice Ann Walsh Bradley. According to Bradley, Prosser allegedly placed his hands around her neck in what she described as a “chokehold.” The court ultimately ruled in a split decision, with Prosser aligning himself with the conservative faction of the bench. Although the incident sparked an investigation, it did not lead to any criminal charges, and an ethics complaint against him could not be addressed due to a lack of quorum on the court.
Later in his career, in 2023, Prosser was called upon by Republican Assembly Speaker Robin Vos to provide counsel regarding the potential impeachment of liberal Justice Janet Protasiewicz based on comments she made during her campaign. Prosser advised against pursuing impeachment, which Vos ultimately did not move forward with.
Born in 1942, Prosser graduated from the University of Wisconsin-Madison law school in 1968. He began his career working as an attorney for the U.S. Department of Justice before becoming a lecturer at the Indiana University-Indianapolis law school. In 1978, he was elected as a Republican representative in the state Assembly following a term as the district attorney for Outagamie County. An avid baseball enthusiast, he played a significant role in securing funding for what is now known as American Family Field, home of the Milwaukee Brewers.
His judicial career began when he was appointed to the Wisconsin Supreme Court by then-Governor Tommy Thompson in 1998, after serving on the Wisconsin Tax Appeals Commission. He was subsequently elected to serve two full terms on the court, in 2001 and 2011, before stepping down in 2016. Thompson reflected on Prosser’s impact, stating that he brought pragmatic solutions to the challenges faced by Wisconsin and was known for his candidness and effectiveness in achieving results.
Chief Justice Annette Ziegler recognized Prosser’s extensive influence on the legal and legislative framework of Wisconsin, praising his diverse service across all branches of government as a clear demonstration of his commitment to serving the public.
Prosser’s tenure on the Supreme Court was not without controversy, as his confrontations with other justices highlighted ongoing ideological rifts within the court. In 2011, it became public knowledge that he had referred to former Chief Justice Shirley Abrahamson using inappropriate language and threatened to undermine her authority, showcasing the tension that characterized his time in office. In recognition of his service, the state Supreme Court initially named the Wisconsin Law Library after him. However, in June, his name was replaced by that of Lavinia Goodell, revered as Wisconsin’s first female lawyer.