Dec. 2, 2024 – David T. Prosser Jr., former Wisconsin Supreme Court Justice, passed away Sunday, Dec. 1, 2024, at age 81.

Justice Prosser served 18 years on the court, from 1998 to 2016. He was appointed by Gov. Tommy G. Thompson, and subsequently was elected to 10-year terms in 2001 and 2011.

“Justice Prosser was the quintessential public servant who enjoyed a respected career (spanning more than 40 years) in the service of others,” said Wisconsin Supreme Court Chief Justice Annette Kingsland Ziegler in a release issued Dec. 2, 2024.

“His exemplary service in all three branches of government demonstrated his unparalleled versatility and dedication to the public good. He has profoundly shaped the legal, legislative, and judicial landscape of Wisconsin.”

The State Bar of Wisconsin mourns the loss of Justice Prosser, said State Bar Executive Director Larry J. Martin. “Dave was a strong supporter, friend, and advocate for the State Bar, and his leadership and friendship will be deeply missed.”

Justice Prosser worked tirelessly in service to Wisconsin’s citizens, judiciary, and legal profession, Martin said.

“I am personally grateful for our friendship and the support he gave me as executive director and join his many friends across the legal community and our state in honoring his lifetime commitment to public service.”

Lawmaker and Supreme Court Justice

Born in Chicago and raised in Appleton, Prosser earned his law degree from the University of Wisconsin Law School in 1968.

In an article published in Wisconsin Lawyer on his retirement in July 2016, Prosser said he had never intended to become a lawyer. He wanted to be a politician. But on returning to Appleton in 1976 from jobs in Washington, D.C., he needed a job. Encouraged to run, Prosser was elected as Outagamie County district attorney. Starting the position without any courtroom experience, he had 20 jury trials in two years – and had also established himself as a perceptive decision-maker and strategic thinker.

Making a move to politics, Prosser won election to the Wisconsin Assembly in 1978, where he stayed for almost 20 years, from 1979 through 1996, as a full-time legislator.

Among his many legislative accomplishments, he was instrumental in passing legislation to build a new stadium for the Milwaukee Brewers, something that may have hurt his run for a seat in the U.S. House of Representatives in 1996. He won a primary but lost in the general election to Democrat Jay Johnson.

After that election, Prosser switched gears when Gov. Thompson appointed him to serve on the Wisconsin Tax Appeals Commission. He was there just 20 months before Thompson called again with a better offer: replace Justice Janine Geske on the Wisconsin Supreme Court.

As a former Republican lawmaker, Justice Prosser said it was not his purpose to be the most conservative person on the court. “A judge is not supposed to be a part of a group with an agenda. A judge is supposed to decide each case independently. That’s what I tried to do,” he said in 2016.

“On the bench, Justice Prosser brought a keen intellect and deep sense of fairness to every case, leaving an indelible mark on Wisconsin jurisprudence. He was well known for digging into the books and conducting exhaustive research,” Chief Justice Ziegler said in her release.

When he retired, Justice Prosser said he wanted to be remembered as an important decision-maker. “One person has the ability to change everything,” he said in a 2002 decision on the constitutionality of Wisconsin’s concealed-carry law, where his research resulted in a unanimous decision by the Court. “It lends some credence to the idea that people with different backgrounds really bring something to the court. They shouldn’t all fit in a nice box.”