>> THE FOLLOWING PROGRAM IS A PBS WISCONSIN ORIGINAL PRODUCTION.

>> PRESIDENT JOE BIDEN DELIVERS HIS STATE OF THE UNION ADDRESS BEFORE LANDING IN WISCONSIN.

STATE LAWMAKERS OUTLINE STRATEGIES FOR THE LABORIOUS BUDGET PROCESS AND A PRIVATE LAND DISPUTE LEAVE RESIDENTS TRAPPED IN THEIR HOMES.

I'M FREDERICA FREYBERG.

TONIGHT ON "HERE & NOW", A PREVIEW OF UPCOMING STATE BUDGET DELIBERATIONS.

THE EMERGENCY EFFORTS BEING DEPLOYED IN A SMALL TOWN WITH OFF THE CHARTS PFAS CONTAMINATION.

A CONFLICT OF LAND OWNERSHIP LEADS TO A STANDOFF WITH NO END IN SIGHT.

AND THE NEXT SERIES OF INTERVIEWS WITH CANDIDATES FOR THE STATE SUPREME COURT.

IT'S "HERE & NOW" FOR FEBRUARY 10.

>> FUNDING FOR "HERE & NOW" IS PROVIDED BY THE FOCUS FUND FOR JOURNALISM AND FRIENDS OF PBS WISCONSIN.

>> LABORS IN WISCONSIN, UNION WORKERS ACROSS THE COUNTRY ARE SEEING IT FIRST-HAND.

BECAUSE FOR THE FIRST TIME IN A LONG TIME WE'RE BUILDING THE ECONOMY FROM THE BOTTOM UP AND MIDDLE OUT.

BOTTOM UP AND MIDDLE OUT WITH UNION LABOR.

>> Frederica: IS THAT WAS PRESIDENT JOE BIDEN IN DE FOREST THIS WEEK STRAIGHT OFF THE STATE OF THE UNION ADDRESS PROMOTING HIS ECONOMIC PLAN AND INCREASED JOBS AND LOWER INFLATION.

IN STATE NEWS, NEXT WEEK GOVERNOR TONY EVERS WILL LAY OUT HIS VISION FOR HOW THE STATE SHOULD SPEND THE $7 BILLION SURPLUS.

WE ASKED THE LEGISLATIVE LEADERS AND THE GOVERNOR IF SHE SHOULD CRAFT A BUDGET WELCOME BY REPUBLICANS OR SHOULD CONTINUE TO INCLUDE BIG IDEAS EVEN IF THEY WERE DEAD ON ARRIVAL IN THE REPUBLICAN LEGISLATURE.

>> I DO SEE IT TWOFOLD.

WE NEED TO PUT FORWARD THE VISION FOR WHAT WE BELIEVE WISCONSIN SHOULD LOOK LIKE.

WE NEED TO MAKE SURE THAT WE'RE CONTINUING TO SAY THAT WORKING FAMILIES DESERVE BETTER AND HERE'S THE PATH THAT WE WOULD TAKE TO GET THEM THERE.

AND WE NEED TO FIND EVERY OPPORTUNITY TO WORK ACROSS THE AISLE.

THAT'S WHAT THE BUDGET PROCESS DOES.

>> A BETTER QUESTION IS THE GOVERNOR WILLING TO NEGOTIATE.

IF HE WANTS TO PUT OUT A BUDGET WITH POLITICAL PRIORITIES THAT'S FINE BUT WE'LL DO WHAT WE'VE DONE IN THE PAST START AT THE BASE AND GO FORWARD.

IF THE GOVERNOR IS WILLING TO WORK WITH US AND NEGOTIATE, I THINK WE CAN ACCOMPLISH SOME OF THE THINGS HE WANTS TO ACCOMPLISH WHILE STILL DOING IMPORTANT TAX RELIEF, INVESTING IN EDUCATION, EXPANDING SCHOOL CHOICE.

>> SO A REPUBLICAN COLLEAGUES MAY SAY WE'RE NOT GOING TO LEGALIZE CANNABIS IN WISCONSIN.

THAT'S DEAD ON ARRIVAL.

WE'RE NOT GOING TO EXPAND HEALTH CARE THAT'S DEAD ON ARRIVAL.

WE'RE NOT GOING TO SUPPORT PUBLIC SCHOOLS.

THAT'S DEAD ON A -- ARRIVAL THAT'S WHAT MOST SUPPORT.

THEY'RE NOT PARTISAN.

AND THIS IS OUR OPPORTUNITY TO DEBATE THEM.

FRANKLY WHEN THEY'RE INTRODUCED AS STAND ALONE BILLS IN THE LEGISLATURE THE REPUBLICAN WHO'S HAVE CONTROL OVER THE COMMITTEE PROCESS AREN'T EVEN ALLOWING US TO COME TO THE AND HAVE A DEBATE AND MEETING.

>> IF GOVERNOR OF EVERS CHOOSES A WISH LIST THERE MAY BE GOOD IDEAS IN THERE AND IF HE CHOOSES TO MAKE IT SO FULL OF THINGS UNAPPETIZING TO REPUBLICANS WITH YOU WON'T HAVE THINGS TAKEN A SERIOUS LOOK AT.

IT SEEMS MOST PEOPLE AROUND THE COUNTRY IN THE DIVIDED LEGISLATURES THE GOVERNOR OF ONE PART AND LEGISLATURE OF ANOTHER.

THEY DON'T START OFF WITH A CRAZY IDEA.

GOVERNOR DOYLE DID THAT IF YOU LOOK AT HOW HE PUT HIS BUDGET TOGETHER HE PUTTING TOGETHER WHAT HE THOUGHT WAS REASONABLE AS HE COULD BE AND HOPED THE REPUBLICANS WOULD DO THE SAME THING.

HE PROBABLY GOT MORE OF WHAT HE WANTED THAN TONY EVERS.

UP TO HIM TO DECIDE.

>> FIRST, IF WE START WITH A COMPROMISE POSITION PEOPLE OF WISCONSIN WOULD BE DISAPPOINTED WE DIDN'T TALK ABOUT THE SOME ISSUES THEY THOUGHT WERE IMPORTANT AND MAYBE REPUBLICANS IN THE LEGISLATURE DON'T.

IT'S IMPORTANT TO TALK ABOUT THE VALUES THAT WE HEAR ABOUT AND HAVE PEOPLE TALK ABOUT IT.

AND COME TO SOME COMPROMISE POSITION IF THEY CAN'T.

>> Frederica: WITH THE UNPRECEDENTED PROJECTED BUDGET SURPLUS THE JOCKEYING IS UNDERWAY FOR HOW MUCH TO SPEND FUNDING CRITICAL NEEDS.

AMONG THEM, CLEANING UP FOREVER CHEMICALS FOR PFAS CONTAMINATION ACROSS WISCONSIN.

INCLUDING IN THE TINY TOWN OF STELLA NEAR RHINELANDER WHERE RESIDENTS ARE NOW SUPPLIED BOTTLED WATER BECAUSE TESTING IN WELLS FOUND SKY HIGH LEVELS OF THE DANGEROUS PFAS.

THE WORSE CONTAMINATION IN WISCONSIN.

SOME OF THE SURPLUS COULD BE USED FOR REMEDIATION.

WE SPOIK WITH MARY FELZKOWSKI AT HER OFFICE.

FIRST, THANK YOU FOR DOING THIS.

>> YOU'RE WELCOME.

>> SO YOU HAVE SAID THAT PFAS CONTAMINATION AND MITIGATION IS NOT A PARTISAN ISSUE.

IT CERTAINLY SEEMS TO HAVE BEEN IN THE RECENT PAST BUT WHAT HAS CHANGED NOW?

>> I WOULD DISAGREE IT'S BEEN A PARTISAN ISSUE.

I THINK THERE'S BEEN MAYBE SOME DIFFERENT OPINIONS WHETHER 20 OR 70 PARTS PER TRILLION.

AND I THINK THE REPUBLICANS STANCE IS LET'S NOT GET AHEAD OF TECHNOLOGY.

YOU CAN SET A PFAS LEVEL LOW BUT IF WE DON'T HAVE THE TECHNOLOGY TO GET THERE, WHY WOULD YOU DO THAT.

>> Frederica: DO YOU FEEL AS THOUGH WE HAVE MORE TIME WHEN WE'RE DEALING WITH THE FOREVER CHEMICALS.

>> WE DON'T HAVE ANY TIME.

>> Frederica: WHEN WE'RE TALKING ABOUT PEOPLE'S HOUSE WE HAVE TO BE REALSISTIC.

TECHNOLOGY IS MOVING AT AN ACCELERATED RATE AND HAVE TO HAVE ATTAINABLE LEVELS.

>> Frederica: DO YOU HAVE AN IDEA WHAT LEVEL YOU THINK IT SHOULD BE?

>> WHEN YOU TALK TO EPA THEY WERE AT 70 PARTS PER TRILLION AND WISCONSIN WAS PUSHING FOR LEVELS AT 20 PARTS PER TRILLION.

IT'S MY UNDERSTANDING THAT EPA IS MOVING TOWARDS 20 PARTS PER TRILLION ALSO.

>> Frederica: MEANWHILE IN THE TOWN OF STELLA, RESIDENTS WITH PRIVATE WELLS ARE SEEING THE HIGHEST WELLS OF THE FOREVER CHEMICALS ANYWHERE ACROSS THE STATE AND WHAT IS IT 50 HOUSEHOLDS ARE NOW BEING GIVEN DRINKING WATER.

WHAT YOUR MESSAGE TO THESE PEOPLE IN YOUR DISTRICT?

>> I WENT TO THE MEETING IN STELLA WITH THE PUBLIC HEARING AND THE DEPARTMENT OF HEALTH WAS THERE AND SOME WELLS ARE COMING IN AT 46 MILLION PARTS PER TRILLION.

AND WE DON'T KNOW WHERE IT'S COMING FROM BUT PFAS HAS A FINGERPRINT SO WHEN THEY START TESTING THE CHEMICALS IT WILL HAVE A DISTINCT FINGERPRINT, SO TO SPEAK AND I KNOW IT'S NOT A GOOD SCIENTIFIC EXPLANATION BUT THEY'LL BE ABLE TO TRACE IT BACK TO ITS SOURCE.

RIGHT NOW I THINK WHAT WE'RE DOING AS FAR AS MAKING SURE THEY HAVE CLEAN DRINKING WATER, I CAN'T IMAGINE BEING SOMEONE IN THE TOWN OF STELLA, IT'S NOT ONLY YOUR LIFE BUT NOW WE HAVE A DECREASE IN PROPERTY VALUES.

EVERYTHING THERE HAS NO ANSWERS.

>> Frederica: CAN TILL THE PEOPLE IN STELLA AND WHERE ELSE ACROSS THE STATE THAT THE CALVARY IS NOW COMING BECAUSE BUDGET RIDERS WILL BE ABLE TO WORK WITH MORE THAN $7 BILLION SURPLUS TO ADDRESS PFAS CONTAMINATION?

>> THE SURPLUS WE'RE GOING PAUSE ON THAT.

$4.5 BILLION IS ONE-TIME MONEY.

IT'S NOT FOREVER MONEY OVER YEAR.

THE BUREAU ESTIMATES THE SURPLUS THAT WILL BE A CONTINUING SURPLUS IS ABOUT $2.9 MILLION.

SO A LARGE SURPLUS IS ONE-TIME MONEY BUT IN MY WORLD THIS WOULD BE GREAT START FOR ONE-TIME MONEY.

I SUPPORT THE GOVERNOR PUTTING $100 MILLION IN THERE AND WOULD LIKE TO LOOK AT THE PROGRAMS.

WHEN HE TALKS ABOUT WELL COMPENSATION FUND AND THAT MIGHT NOT BE STRUCTURED PERFECTLY FOR THE PEOPLE DEALING WITH PFAS.

WE NEED A LOT MORE KNOWLEDGE WHERE IT CAME FROM AND HOW TO CLEAN IT UP.

>> Frederica: DO YOU BELIEVE THE REPUBLICAN MAJORITY AND BUDGET RIDERS WILL ALSO SAY THAT THEY LIKE THE $100 MILLION THE GOVERNOR IS TALKING ABOUT?

>> WE HAVEN'T HAD THOSE CONVERSATIONS YET SO I CAN'T SAY BUT I KNOW MY COLLEAGUES ARE CONCERNED WITH THIS AND THAT WE WILL ADDRESS IT.

I CAN'T SPEAK FOR EVERYONE ELSE AND THE LEVEL OF COMMITMENT ON THAT.

>> Frederica: WHY SHOULDN'T BUSINESSES THAT CAUSED THIS CONTAMINATION HAVE TO SPAY FOR THE REMEDIATION?

>> I DO BELIEVE ANY TYPE OF REMEDIATION WILL BE A PUBLIC PRIVATE PARTNERSHIP BOUGHT WE HAVE A CHEMICAL DEVELOPED, STUDIED BY THE EPA AND GIVEN A STAMP OF APPROVAL BY THE GOVERNMENT THAT SAID THIS IS A GOOD CHEMICAL, GO AHEAD AND USE IT.

WE USE IT IN MEDICAL DEVICES.

WE USE IT IN FOOD.

WE USE IT IN WATER-PROOFING CLOTHING.

WE USE IT IN FIRE FIGHTING FOAM.

THE RHINELANDER AIRPORT IS BEING SUED BECAUSE FOR BEING A PFAS CONNECT CONNECTITAMINATOR AND ARE WITH TO BANKRUPT A COMPANY THAT WAS GIVEN A GOVERNMENT-APPROVED CHEMICAL AND TOLD IT WAS SAFE TO USE IF WE DO THAT, I THINK IT CAN BE PART OF THE SOLUTION BUT NOT THE FULL SOLUTION.

TOUGH QUESTIONS.

>> Frederica: WITH THAT TOUGH QUESTION WE NEED TO LEAVE IT, SENATOR.

THANKS VERY MUCH.

>> YOU BET.

THANK YOU FOR HAVING ME.

>> Frederica: THAT WAS SENATOR MARRY FELZKOWSKI.

HER DISTRICT ALSO INCLUDES LAC DU FLAMBEAU WHERE ACCESS TO HOMES OVER TRIBAL LAND HAS BEEN BLOCKED OVER AN EASEMENT DISPUTE.

>> IT'S BEEN TWO WEEKS SINCE LAC DU FLAMBEAU BLOCKED FOUR ACCESS ROADS THROUGH TRIBAL LANDS AND RESIDENTS SAY THEY'RE NOT SURE IF THE CHANGE WILL COME ANY TIME SOON.

>> UNLESS ALL THE PARTIES ARE REALLY WILLING TO SIT DOWN IN PERSON, I'M CONCERNED THIS COULD DRAG ON FOR A WHILE.

>> THE DISPUTE THAT BLOCKED THE ROADS HAS TAKEN COURSE OVER THE LAST 10 YEARS.

STARTING IN 2013, AGREEMENTS FOR PASSAGE ON THE ROADS LAPSED BETWEEN THE TRIBE AND TITLE COMPANIES THAT ENSURE MOST THE HOUSES IN THE AREA.

SINCE THEN NO NEW AGREEMENT HAS BEEN IN PLACE.

THE ROADS IN QUESTION CUT THROUGH TRIBAL LANDS, WHICH, ACCORDING TO THE TRIBE, MEANS NON-TRIBAL HOMEOWNERS HAVE BEEN TRESPASSING.

HE SAID HE AND HIS NEIGHBORS WERE GIVEN ABOUT TWO WEEKS' NOTICE BEFORE THE BARRIERS CAME UP.

IN A STATEMENT RELEASED JANUARY 31, THE LAC DU FLAMBEAU TRIBAL PRESIDENT JOHN JOHNSON SENIOR SAID QUOTE THE LAND OF LAC DU FLAMBEAU AND TITLE COMPANIES HAVE NOT ALWAYS ACTED IN GOOD FAITH TO RESOLVE THE IRISH.

THE OF -- ISSUE.

IN RESPONSE TO THE BARRIERS, FIRST AMERICAN, ONE OF THE TITLE COMPANIES INVOLVED, TOLD PBS WISCONSIN, QUOTE, FIRST AMERICAN TITLE HAS MADE A GOOD FAITH OFFER ON BEHALF OF OUR INSURED HOME OWNERS BASED ON RIGHT OF WAY EASEMENTS.

THOUGH FIRST AMERICAN SAID THEY MADE AN OFFER, THE BARRIERS HAVE REMAINED IN PLACE.

BECAUSE OF THESE ROADS BEING BLOCKED, ABOUT 55 HOUSEHOLD NOW STUCK IN A SITUATION WHERE THEY'RE CARS COULD LEAVE BUT NOT BE ALLOWED BACK IN.

>> THE THING WE'VE TRIED TO SAY IS THE PEOPLE THAT DON'T HAVE RESPONSIBILITY ARE THE PEOPLE THAT ULTIMATELY ARE PAYING THE PRICE ARE THE HOME OWNERS.

>> TO GET GROCERIES AND SUPPLIES, THEY WALK ACROSS THE LAKE TO THEIR CAR, WHICH IS PARKED AT A NEIGHBOR'S HOUSE LOCATED ON A PUBLIC ROAD.

>> IF WE NEED TO GET GROCERIES, FOR EXAMPLE, OUR KIDS ARE ALL GROWN BUT WE HAVE THEIR PLASTIC SLEDS AND WALK ACROSS THE LAKE AND GO TO OUR NEIGHBORS AND GET THE JEEP AND ONLY GET AS MUCH AS STUFF AS WE CAN FIT ON THE SLEDS BECAUSE IT'S GOT TO MAKE IT BACK.

>> HE SAID THE TRUCK ACROSS THE LAKE ISN'T TOO BAD FOR HIS FAMILY BUT FOR OTHERS IN HIS COMMUNITY THE TRIP ISN'T POSSIBLE.

>> WE HAVE A PERSON AND IS THE HAD A HIGH SCHOOLER THAT IS A SPECIAL NEEDS CHILD AND SHE AND HER CHILD HAD TO LEAVE AND MOVE BACK TO IOWA TO SOME FAMILY MEMBERS BECAUSE THEY LITERALLY -- THERE WAS NO WAY TO HANDLE THIS OTHERWISE.

>> WHILE THE ROADS ARE BLOCKED, THE SHERIFF SAID HE HAS BEEN IN CONTACT WITH THE LAC DU FLAMBEAU TRIBAL POLICE WHO SAY THEY HAVE DIRECTED TWICE DAILY WELLNESS CHECKS.

POLICE SAY THEY HAVE DELIVERED MEDICATION TO AT LEAST TWO RESIDENTS AND OFFERED FOOD BOX DELIVERIES.

HOWEVER, HE SAID THE WELLNESS CHECKS ARE FAR LESS FREQUENT THAN THE TRIBE CLAIMS.

>> THEY'VE BEEN IN OUR NEIGHBORHOOD TWICE IN THAT TIME.

I KNOW SOME PEOPLE HAVE MAYBE ONLY HAD A CHECK-IN ONE TIME.

>> WHILE RESIDENTS WAIT FOR A SOLUTION TO GRANT THEM ACCESS TO THE ROADS AGAIN, GOVERNOR EVERS MET WITH TRIBAL LEADERS MONDAY AND SAID THE MEETING WAS PRODUCTIVE.

IN A STATEMENT THE GOVERNOR SAID, QUOTE, AS THIS IS AN ONGOING PRIVATE DISPUTE, MY PRIORITY AS GOVERNOR IS ENCOURAGING EVERYONE IN THE AREA TO ENGAGE AMICABLY AND PEACEFULLY WHILE WORKING TO BRING ALL PARTIES TO THE TABLE TO RESOLVE THE ISSUE QUICKLY.

THE TRIBE PUT OUT A STATEMENT HOPING BE RESOLVED IN A TIMELY MANNER AND THE TOWN MET TUESDAY TO CONSIDER POSSIBLE LEGAL ACTION.

ONE POSSIBLE SHORT-TERM SOLUTION REQUESTED BY BOTH THE TOWN AND FIRST AMERICAN WOULD BE TO NEGOTIATE NEW EASE MANIES AND LIFT THE BARRIERS WHILE NEGOTIATES.

HOWEVER, NO ACTION HAS BEEN TAKEN.

HE SAID NOBODY IS SHARE WHEN THE BARRICADING WILL BE LIFTED.

>> WE NEED THESE PEOPLE TO ALL TAKE RESPONSIBILITY FOR THIS TO GET THIS FIGURED OUT, GET THE ROADS UNBLOCKED AND GET THE EASEMENTS IN PLACE, MAKE SURE THE TRIBE IS COMPENSATED FAIRLY FOR THEIR EASEMENTS AND WE CAN ALL GET BACK TO LIVES.

>> FOR "HERE & NOW", I'M NATHAN D DENZINE.

>> Frederica: FINALLY WE HAVE A FOURTH IN OUR SERIES OF INTRODUCE WITH THE CANDIDATES FOR A SEAT IN THE WISCONSIN SUPREME COURT.

THE PRIMARY IS FEBRUARY 21 WITH THE TOP VOTE GETTERS ADVANCING TO THE GENERAL ELECTION IN APRIL.

EARLIER THIS WEEK ZAC SCHULTZ SAT DOWN WITH JENNIFER DOROW A WAUKESHA COUNTY CIRCUIT COURT JUDGE.

>> CAN YOU BREAK DOWN YOUR JUDICIAL PHILOSOPHY.

>> I'M A JUDICIAL CONSERVATIVE AND UPHOLDING THE LAW GIVING DEFERENCE TO OUR LEGISLATIVE STATUTES BECAUSE THAT'S WHERE POLICY IS MADE AND NEVER OF LEGISLATING FROM THE BENCH.

>> HOW DO YOU DEFINE LEGISLATING FROM THE BENCH BECAUSE THERE'S A LOT OF DISAGREEMENT WHEN A COURT MAKES A RULING WHETHER THEY'RE REARRANGING A LAW TO FIT A NEED OR OPINION VERSUS THIS IS ALL WE HAVE TO GO ON?

>> WHEN A JUDGE OR JUSTICE INSERTS THEIR OWN POLITICAL AGENDA, POLICY, VIEWS OR PERSONAL OPINIONS ON WHAT THE LAW SHOULD BE, THAT'S MY DEFINITION OF LEGISLATING FROM THE BENCH.

AND I SAY THAT BECAUSE THE IT'S THE ROLE OF A JUDGE TO APPLY THE LAW AS WRITTEN TO THE FACTS OF THE CASE COME BEFORE US TO NEVER PREJUDGE THOSE CASES TO BE FAIR AND IMPARTIAL AND IN OUR GOVERNMENT WE HAVE A SYSTEM SET UP, A CLEAR SEPARATION OF POWERS, OUR LEGISLATIVE FIGURES, OUR ASSEMBLY MEN AND SENATORS, THEY MAKE THE LAW.

THAT'S WHERE THE POLICY OF THE IS SET.

AND THEN JUDGE INTERPRET THAT WHEN CALLED UPON TO DO THAT.

IT'S VERY IMPORTANT THAT JUDGES ACT MORE LIKE UMPIRES.

WE DON'T MAKE THE LAW, WE JUST DECIDE THE LAW AND IF YOU THINK OF THE ANALOGY TO BASEBALL JUST CALLING THE BALLS AND STRIKES, NOT THE PITCHER, NOT THE CATCHER, BUT JUST CALLING THE BALLS AND STRIKES AND THAT'S WHAT A JUDGE DOES AND A JUSTICE SHOULD DO IS CALL THE LEGAL BALLS AND STRIKES THAT COME BEFORE HIM OR HER.

>> SO YOU SAID THE POLITICS SHOULD ENTER INTO THE DECISION BUT OBVIOUSLY THIS IS A POLITICAL RACE AND THERE ARE A LOT OF POLITICAL FACTORS WEIGHING IN TO ALL THE CANDIDATES AND CONSTITUENTS ARE THINKING WHO THEY WANT TO VOTE FOR, SOME ARE THINKING THROUGH A POLITICAL FRAME OF REFERENCE.

HOW DO YOU BALANCE THAT WHEN YOU WANT PEOPLE TO KNOW THAT YOU WILL BE IMPARTIAL ON THE BENCH AND PEOPLE ALSO WANT A SENSE OF YOUR POLITICS?

>> IT'S VERY IMPORTANT TO HONOR THAT THIS IS A NON-PARTISAN RACE AND THAT MY POLITICAL VIEWS OR MY POLICY PREFERENCES ARE NOT GOING TO IMPACT WHAT I DO ON THE BENCH.

IT'S VERY DIFFERENT FROM THE LIBERAL CANDIDATES AND I KNOW WE GIVE THEM LABELS, LIBERAL AND CONSERVATIVE BUT IT'S A SIMPLE WAY FOR THE PUBLIC TO IDENTIFY OUR APPROACH AND WHAT THE LAW IS AND HAVE YOU TWO CANDIDATES OPENLY GIVING US THEIR POLITICAL AGENDA, CAMPAIGNING ON A POLITICAL AGENDA AND FORECASTING HOW THEY WOULD VOTE ON MANY IMPORTANT ISSUES.

THEY'RE TELLING THE FUTURE LITIGANTS, THEIR MIND IS MADE UP.

THEY DON'T CARE ABOUT THE FACTS OR THE LAW.

VOTE FOR ME BECAUSE I'LL DO X, Y OR Z.

THAT IS NOT THE METHODOLOGY I WILL FOLLOW AND THAT I HAVE BEEN FOLLOWING FOR 11 YEARS ON THE BENCH.

IT'S REALLY IMPORTANT EVERY JUDGE AND JUSTICE STAY IN THEIR CONSTITUTIONAL LANE AND THAT'S WHAT I'LL DO.

>> WHAT SHOULD VOTERS THEN THINK OF YOUR BACKGROUND, WHO WITH YOU WERE APPOINTED BY AND WHO IS ENDORSING YOU AND WHERE THE OUTSIDE MONEY THAT SUPPORTS YOU COMES FROM AND FAMILY MEMBERS AND THEIR CONNECTIONS TO POLITICAL PEOPLE AND THE LIBERALS ARE SAYING WE'RE BEING UP FRONT AND HONEST AND IT'S THE CONSERVATIVES TRYING TO HIDE WHERE THE REAL INFLUENCE MAY BE.

>> THE CANDIDATES ON THE LEFT ARE TELLING YOU ABOUT A POLITICAL AGENDA WHEN THIS IS NOT A RACE FOR A LEGISLATIVE OR GUBERNATORIAL POSITION.

THAT'S WHY IT'S IMPORTANT FOR ME AS SOMEONE WHO BELIEVES IN UPHOLDING THE RULE OF LAW AND BEING FAIR AND IMPARTIAL TO NOT TALK ABOUT MY PERSONAL PREFERENCES.

YOU KNOW, ONE OF THE REASONS IS TO SHOW THE PUBLIC, SHOW THE LITIGANTS AND REMIND ME THAT I NEED TO BE FAIR AND IMPARTIAL.

I COVER UP THOSE PERSONAL PREFERENCES SO THAT I MAKE A DECISION BASED ON THE LAW.

WHEN YOU MAKE A DECISION BASED ON THE LAW, YOU HAVE PREDICTABILITY, NO LIABILITY AND STABILITY.

>> I WANT TO LOOK BACK AT A FEW CASES THE SUPREME COURT DECIDED THAT ARE STILL PRETTY IMPORTANT.

LEGISLATURE VERSUS PAUL WAS ABOUT THE GOVERNOR'S ABILITY TO PUT RESTRICTIONS DURING COVID.

HOW DO YOU THINK THAT CASE WAS HANDLED?

HOW WOULD YOU HAVE VOTED IF YOU WERE ON THE BENCH AT THE TIME?

>> THE MAJORITY OPINION IN THAT CASE WAS WRITTEN BY JUSTICE ROGUAAAN AND THAT PROCEDURE WAS NOT FOLLOWED AND I FOUND MYSELF LOOKING AT THEIR ANALYSIS AND SAYING THEY GOT IT RIGHT.

OF COURSE, EVERY CASE IS DIFFERENT AND I DON'T WANT TO PRE JUDGE CASES THAT MAY COME BEFORE THE COURT AGAIN OR IN THE FUTURE THAT LOOK AT ISSUES OF AUTHORITY FOR A BRANCH OF GOVERNMENT WHETHER DIRECTLY OR DELEGATION.

>> AND ABORTION'S ANOTHER ISSUE THAT IS LIKELY TO COME BACK IN THE WISCONSIN SUPREME COURT.

I WANT TO ASK HOW YOU MIGHT RULE ON THAT AND ON THE DOBBS DECISION DO YOU THINK THAT WAS DECIDED FAIRLY AND THE APPROPRIATE METHOD TO REVIEW OR NOW WISCONSIN LAW THAT NEEDS TO BE LOOKED AT ON ITS OWN OUTSIDE OF DOBBS?

>> AS THE SUPREME COURT CASE FROM THE U.S. SUPREME COURT, IT OBVIOUSLY IS THE LAW OF THE LAND AND I'M DUTY BOUND TO FOLLOW THAT.

WHAT THAT CASE DID WAS PUT THE DECISION OF REGULATING ABORTION IN THE HAND OF THE STATE LEGISLATURE.

THAT'S WHERE THAT DECISION SHOULD BE MADE AND OF COURSE THERE IS A CHALLENGE RIGHT NOW, IT'S NOT A CONSTITUTIONAL CHALLENGE, THAT'S THE QUESTION BEFORE THE COURT WILL BE WHAT IS THE STATUS OF THE LAW IN WISCONSIN.

I WON'T COMMENT ANY FURTHER BECAUSE IT'S LIKELY TO MAKE ITS WAY UP TO THE WISCONSIN SUPREME COURT.

BUT AGAIN, AS A SITTING JUDGE AND AS A HOPEFUL TO BE ON THE WISCONSIN SUPREME COURT I HAVE TO GIVE HONOR TO THE DECISIONS OF THE U.S. SUPREME COURT.

>> IS THERE A DANGER IN VOTERS APPROACHING THIS ELECTION LOOKING THROUGH ONLY THE PRISM OF ONE OR TWO HOT-BUTTON POLITICAL ISSUES AND SAYING I'M GOING TO VOTE FOR THE CANDIDATE THAT MOST CLOSELY FOLLOWS MY VIEWS THERE OPPOSED TO BROADLY LOOKING AT WHAT I WANT IN A SUPREME COURT JUSTICE?

>> I THINK THE DANGER IS THERE'S CANDIDATES OPENLY CAMPAIGNING ON POLITICAL AND CONTROVERSIAL TOPICS AND VOTERS SHOULD LOOK AT HOW ARE THE JUSTICES GOING TO DECIDE THE CASES THAT COME BEFORE THE COURT?

NOT JUST ON A COUPLE OF TOPICS BUT ON ALL TOPICS.

THAT'S NOT BEING FAIR AND IMPARTIAL.

WE TAKE AN OATH TO UPHOLD THE CONSTITUTION OF THE UNITED STATES AND WISCONSIN AND FAITHLY DISCHARGE THE DUTIES OF OUR OFFICE TO BE FAIR AND IMPARTIAL.

THAT'S WHAT JUSTICES AND JUDGES SHOULD DO THAT HONORS THE ROLE OF THE COURTS.

IT HONORS THE ROLE OF THE LEGISLATURE.

AND HONORS THE VOICE OF THE PEOPLE AS WELL BECAUSE THE PEOPLE SPEAK THROUGH OUR LEGISLATORS AND THAT'S WHERE POLICY IS MADE.

I WILL NEVER INSERT MY POLICY PREFERENCES INTO THE DECISIONS THAT I MAKE.

I THINK THAT'S WHAT VOTERS WILL BE LOOKING AT SO THAT THEY KNOW WHATEVER THE ISSUE IS THAT COMES BEFORE THE COURT THEY CAN TRUST THE DECISIONS MADE.

>> FINALLY, THIS IS GETTING A LOT OF ATTENTION BOTH WISCONSIN AND NATIONALLY, HOW MUCH WILL THAT AFFECT THE RACE PEOPLE ARE STARTING TO UNDERSTAND THE IMPORTANCE OF THIS PARTICULAR RACE TO THE WISCONSIN SUPREME COURT?

>> IT'S A POSITION ON THE WISCONSIN SUPREME COURT.

IT'S INCREDIBLY IMPORTANT TO THE PEOPLE OF THE STATE OF WISCONSIN.

I CAN SEE THAT AS I GO AROUND THE STATE CAMPAIGNING AND THERE ARE A LOT OF EYES LOOKING AT THIS RACE AS WELL, I THINK FOR THE WRONG REASONS.

I THINK THERE'S A PUSH FROM THE LEFT TO PUSH THIS POLITICAL AGENDA SO THAT NOT ONLY WISCONSIN CAN BE TRANSFORMED AND NOT IN A GOOD WAY, NOT THROUGH THE LEGISLATIVE PROCESS BUT A VOTER 4-3 ON THE WISCONSIN SUPREME COURT SO THAT OTHER POLITICAL AGENDAS CAN BE MET AS WELL.

THAT'S WRONG.

IT HAS NO PLACE IN THE COURTS AND I DO BELIEVE THE PEOPLE OF THE STATE OF WISCONSIN SEE THAT AND WANT A COURT THAT'S FAIR AND IMPARTIAL INSTEAD OF ONE DRIVEN BY A POLITICAL AGENDA.

>> Frederica: YOU CAN SEE ALL THE INTERVIEWS WITH THE CANDIDATES ON OUR NEWS PAGE.

FOR MORE ON THIS AND OTHER ISSUES FACING WISCONSIN, VISIT OUR WEBSITE AT PBSWISCONSIN.org AND CLICK ON THE NEWS TAB.

ALSO YOU CAN TUNE INTO PBS WISCONSIN AND WISCONSIN PUBLIC RADIO NEXT WEDNESDAY AT 7:00 P.M. FOR THE GOVERNOR'S BUDGET ADDRESS.

THAT'S OUR PROGRAM FOR TONIGHT.

I'M FREDERICA FREYBERG.

HAVE A GOOD WEEKEND.

[♪] >> FUNDING FOR "HERE & NOW" IS PROVIDED BY THE FOCUS FUND FOR