Richard Niess
- ️Mon Nov 15 2010
From Ballotpedia
Richard Niess
Prior offices
Dane County Circuit Court Branch 9
Education
Richard G. Niess is a former judge for the Dane County Circuit Court, Branch 9, in Wisconsin. He served on the court from 2004 to 2020.[1] He was first appointed to the court in 2004 by Gov. Jim Doyle.[2] Niess won re-election without opposition in the general election on April 4, 2017. He retired from the court on July 4, 2020.[3]
Education
Niess earned his A.B. from Dartmouth College in 1975. He obtained his J.D. from the Duke University School of Law in 1978.[4]
Career
- 2004-2020: Judge, Dane County Circuit Court
- 1978-2004: Attorney in private practice[4]
Elections
2017
Wisconsin held local judicial elections in 2017. Forty-eight circuit court seats were up for election on April 4, 2017. Three seats required primaries on February 21, 2017, with the top two vote recipients for each seat advancing to the April 4 general election. Thirty-seven seats up for election in 2017 were unopposed.[5] Incumbent Richard Niess ran unopposed in the general election for the Branch 9 seat on the Dane County Circuit Court.
Ballotpedia will publish vote totals here after they become available.
| Dane County Circuit Court, Branch 9 General Election, 2017 |
|---|
| Candidate |
 Richard Niess Incumbent |
2011
- See also: Wisconsin judicial elections, 2011
Niess defeated Briane Pagel on April 5, winning 59% of the vote.[6][7][8]
2005
After his appointment to the court in 2004, Niess ran for election to the seat. He was elected with 71% of the vote over opponent Koua Vang.[9]
Noteworthy cases
Niess blocks laws changing governor and attorney general powers (2019)
- See also: Dane County Circuit Court
On March 21, 2019, Niess issued a ruling blocking the enforcement of laws the Republican-controlled Wisconsin State Legislature passed in December 2018. The legislature passed the laws in an extraordinary session on December 5, 2018. Niess ruled the legislature did not have the authority to convene an extraordinary session, writing, "There can be no justification for enforcement of the unconstitutional legislative actions emanating from the December 2018 'extraordinary session' that is consistent with the rule of law." Niess also struck down 82 nominees and appointees former Gov. Scott Walker (R) made to state boards and councils before leaving office.[10]
A group of plaintiffs, including The League of Women Voters of Wisconsin, Disability Rights Wisconsin, Inc., and Black Leaders Organizing For Communities, brought the lawsuit in January 2019. They challenged the legislature's authority to pass the laws. The laws sought to decrease the state's early voting period and change gubernatorial and attorney general powers by requiring legislative approval to change Medicaid waivers and withdraw Wisconsin from the multi-state lawsuit against the Affordable Care Act.[11]
Gov. Tony Evers (D) praised the ruling. "The judge made it clear that the Constitution counts for something in this state," he said.[10]
Republican legislators said the ruling could negatively impact legislative authority. In a joint statement, Senate Majority Leader Scott Fitzgerald (R) and Assembly Speaker Robin Vos (R) said, "For decades, the Legislature has used extraordinary sessions that have been widely supported by members of both parties. Today's ruling only creates chaos and will surely raise questions about items passed during previous extraordinary sessions."[12]
See also
- News: Judge's injunction bars enforcement of voter ID in April election, March 12, 2012
- News: Judge Niess denies Governor Walker's extension request, Feb. 29, 2012
- Dane County, Wisconsin
- Wisconsin Circuit Courts
External links
- Search Google News for this topic
- Niess Campaign Website
- Wisconsin Court System, "Circuit Courts," accessed May 30, 2014
- Dane County Circuit Court
- Isthmus:The Daily Page "Dane County Judge Richard Niess wrongly let stand an overreaching ban on equitable treatment," June 19, 2008
- Isthmus:The Daily Page "Judge backs secrecy on Zimmermann 911 call," December 22, 2008
Footnotes
- ↑ Dane County Clerk of Courts, "Judges," accessed December 9, 2013
- ↑ Governor Doyle Press Release "Governor Appoints Richard Niess as Dane County Judge," October 26, 2004
- ↑ Wisconsin State Journal, "Tony Evers appoints Jacob Frost as Dane County judge," June 8, 2020
- ↑ 4.0 4.1 Wisconsin Election Watch, "Richard G. Niess," accessed December 9, 2013
- ↑ Wisconsin Elections Commission, "Spring 2017 Election," accessed January 3, 2017
- ↑ G.A.B. Canvass Reporting System, "Canvass Results for 2011 Spring Election," April 5, 2011
- ↑ Wisconsin Government Accountability Board, "Offices to be elected at 2011 spring election", info dated 11/15/10
- ↑ Wisconsin Government Accountability Board, "Registered Candidates, Spring 2011"
- ↑ Wisconsin State Elections Board, "Canvass Reporting Unit Detail, "Spring General Election," April 5, 2005
- ↑ 10.0 10.1 Governing, "Striking Down GOP Power Grab, Judge Restores Wisconsin Governor's Powers," March 22, 2019
- ↑ WPR, "Groups File Suit To Overturn Lame-Duck Session Laws," January 10, 2019
- ↑ NPR, "Judge Restores Wisconsin Governor's Powers, Strikes Down GOP Laws," March 21, 2019
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