With 71 of 72 counties having completed the recount in the race between Justice David Prosser and his challenger, JoAnne Kloppenburg, Justice Prosser’s lead has declined by only 355 votes. The only county left to report its official recount is Waukesha County, where Kloppenburg would have to pick up 6,962 votes.

According to University of Wisconsin political science professor, Ken Mayer, the chance of Kloppenburg winning is statistically impossible. In order for Kloppenburg to pull out a victory in Waukesha County, she would have to pick up one vote for every 18 votes cast. According to Prof. Mayer, the probability of this happening is “zero.”

Yet, it’s uncertain whether Kloppenburg will stop at the recount. As the Milwaukee Journal Sentinel editorial page notes, the sole reason for Kloppenburg ordering a recount all along maybe to setup a legal challenge.

Visit the Wisconsin Civil Justice Council’s website for continuous updates.

In Anderson v. Department of Natural Resources, 2001 WI 19 (March 23, 2011), the Wisconsin Supreme Court relied on concepts of federalism to decide the DNR’s authority to overrule the EPA’s application of the federal Clean Water Act.

As of noon today, the Wisconsin Supreme Court race between Justice David Prosser and JoAnne Kloppenburg is still too close to call. Final, official results could vary and a recount appears likely.

The Milwaukee Journal Sentinel is reporting that Kloppenburg holds a paper-thin lead, with town officials in the Lake Mills precinct still  counting the last of the paper ballots. The Associated Press said that it was rechecking all of the totals in all 72 counties to make sure it has an accurate count in each county. The wire service said it anticipated getting the final numbers later Wednesday.

Either way, a recount is likely.

Wisconsin will hold an election on April 5, 2011. The most important race on the ballot is the election for a seat on the Wisconsin Supreme Court currently held by Justice David T. Prosser.

Justice Prosser’s challenger is environmental assistant attorney general, JoAnne Kloppenburg. While races for the Wisconsin Supreme Court are non-partisan, which groups support the candidates can provide an indicator of how that person may decide cases.

Justice Prosser has a long track record of deciding cases, which gives voters a clear view of his jurisprudential philosophy. Kloppenburg, on the other hand, has never been a judge. Therefore, which groups support her may ultimately provide voters more information about her background and potential jurisprudential philosophy.

Justice David T. Prosser, Jr.

Justice Prosser has a broad range of support, as evidenced by those groups that have endorsed him on his campaign website. His campaign chairs are former Democratic Governor Patrick Lucey and former Republican Governor Tommy G. Thompson.

Justice Prosser has received broad support from the law enforcement community throughout the state, including sheriffs and the Milwaukee Police Association. In addition, Justice Prosser has received support from district attorneys and judges, including former Justice Jon Wilcox.

Also supporting Justice Prosser are former State Bar presidents. Just recently, the Milwaukee Bar Association’s members voted by a nearly 3-1 margin in favor of Justice Prosser as the more qualified person for the position compared to Kloppenburg.

Justice Prosser received the endorsement of newspapers during the general election, including the state’s largest, the Milwaukee Journal Sentinel.

JoAnne Kloppenburg

JoAnne Kloppenburg is running a campaign painting her as an independent. To prove this independence, Kloppenburg lists mainly individual people who have endorsed her, with a few elected officials, such as Madison Mayor Dave Cieslewicz and Dane County Executive Kathleen Falk.

What her campaign website does not tell you are the numerous interest groups that have supported her campaign. According to MediaTrackers.org, Kloppenburg has support of officials representing a number of liberal environmental groups, including Wisconsin League of Conservation Voters, Midwest Environmental Advocates, Clean Wisconsin, Midwest Environmental Justice Organization, and 1000 Friends of Wisconsin.

Other major supporters are individual plaintiffs’ attorneys that sit on the Wisconsin Association for Justice’s board, including current president J. Michael End, past-president Christine Bremer Muggli, and Dan Rottier, partner of the biggest plaintiffs’ attorney firm in the state, Habush, Habush, & Rottier.

Governor Scott Walker on Jan. 27 signed into law a major legal reform bill, signaling a shift to a more business friendly state.

Significant changes were instituted by Act 2 to Wisconsin’s civil liability law in areas of product liability, expert witness testimony, risk contribution, frivolous law suits, punitive damages, and health care quality improvement programs.

For an overview of the changes, click here.