The Honorable
Paul C. Gartzke
Presiding Judge of the Wisconsin Court of Appeals District IV
In office
August 1, 1978 – July 31, 1996
Preceded byPosition established
Succeeded byCharles P. Dykman
Judge of the Wisconsin Court of Appeals District IV
In office
August 1, 1978 – July 31, 1996
Preceded byPosition established
Succeeded byPatience D. Roggensack
Personal details
Born(1927-10-06)October 6, 1927
Milwaukee, Wisconsin
DiedSeptember 25, 2009(2009-09-25) (aged 81)
Madison, Wisconsin
Spouse
Waltraud Emilie Dorothea Denker
​
​
(m. 1952)​
ChildrenAnn, Dan, Alice
Education
Military service
Allegiance United States
Branch/service
Years of service1945–1947 (USN)
1947–1949 (USNR)

Paul Coulter Gartzke (October 6, 1927 – September 25, 2009) was an American lawyer and judge. He served 18 years as presiding judge of the Wisconsin Court of Appeals in the Madison-based District IV court.

Early life and education

Born in Milwaukee, Wisconsin, Gartzke attended school in the neighboring community of Shorewood, Wisconsin, and graduated from Shorewood High School in 1945.[1][2][3] Immediately after graduation, Gartzke enlisted for service in the United States Navy. He received an honorable discharge after two years of service and remained in the United States Navy Reserve until 1949.[2] He attended Milwaukee State Teachers College, then graduated Phi Beta Kappa from the University of Iowa, earning his bachelor's degree in economics.[1] He continued his education at Harvard Law School, where he received his law degree in 1952.[2] He would return to school much later in life, earning his master's degree in judicial process from the University of Virginia School of Law in 1992.[2]

Shortly after his law school graduation, Gartzke joined a law practice in Madison, Wisconsin. He became a partner in the law firm in 1955, which was later known as Bieberstein, Cooper, Bruemmer, Gartzke & Hanson.[1][2] In 1958, he was hired by the town of Madison to provide legal guidance in their attempt to thwart the annexation of several parts of their town to the city of Madison. The city of Madison already owned a large piece of the town's land and planned to use their voting power with that land to approve the annexation of a large and tax-rich industrial section of the town. Gartzke came to also represent the neighboring town of Fitchburg, which was also impacted by the annexation plan. Together the two towns attempted a plan to incorporate as a village to block the annexation. The dispute wound up before the Wisconsin Supreme Court in 1960, which ultimately ruled in favor of the city of Madison, allowing the annexation.[4] Although unsuccessful in their resistance, the situation and its resolution led to the eventual incorporation of the city of Fitchburg to block further annexations.

Judicial career

In 1977, Gartzke was elected president of the Dane County Bar Association. That same year, Wisconsin voters approved a series of referendums restructuring the state judiciary and creating a new Court of Appeals.[5] A few months later, Gartzke announced he would run for one of the newly created appeals court seats.[6] With a close second-place finish in the nonpartisan primary, Gartzke advanced to an April general election against Howard H. Boyle, a Dodge County court commissioner who had previously run for state supreme court and United States Senate.[7] In the election, Boyle stressed ideology and strictly interpreting the statutes and constitution. Gartzke, on the other hand, made a non-ideological argument for his candidacy, focused on the importance of competent legal experience and prioritizing the establishment of the good functioning of the new appeals court system.[8] In the end, Gartzke prevailed with a slim majority.[9] Gartzke would be re-elected without opposition in 1984 and 1990. Shortly after his election, the Wisconsin Supreme Court selected Gartzke as presiding judge for District IV, a position he held through his entire judicial career.[10]

He retired in 1996, but continued to serve for several years as a reserve judge.[2]

Seraphim suspension

Early in his judicial career, in 1979, Judge Gartzke was selected by the Wisconsin Supreme Court to review allegations of misconduct by Milwaukee County Circuit Judge Christ T. Seraphim. Judge Seraphim had long been a controversial figure in Milwaukee county and charges of misconduct had accumulated over his 20-year judicial career; the investigation was one of the first tests of new judicial conduct review procedures. Ultimately, the panel recommended Seraphim should be removed or suspended for several violations of the code of judicial ethics, including sexual harassment and the appearance of accepting a bribe.[11] The Supreme Court agreed with the panel's recommendation and suspended Seraphim from judicial service for three years.

Judge McDonald appeal

In 1985, Lafayette County Circuit Judge Daniel McDonald was convicted in the murder of Darlington attorney James Klein. Judge McDonald was in the process of appealing his conviction when, in 1986, he committed suicide by drug overdose. McDonald's lawyers, however, continued to pursue the appeal asking for the conviction to be vacated. The case was before Judge Gartzke, who decided to dismiss the appeal and let the conviction stand. Despite similarities to a previous appeal where the appellant died of a heart attack, Judge Gartzke ruled that by choosing to commit suicide, Judge McDonald chose to forfeit his appeal and thus was not entitled to a posthumous review of his conviction.[12]

Personal life and family

Judge Gartzke married Waltraud Emilie Dorothea "Emy" Denker in August 1952. At the time of their wedding, Emy, a German student, was working at the Ray-O-Vac Corporation for a chemistry work-training program. They met while traveling from Europe to the United States. Judge Gartzke and his wife had one son and two daughters. At the time of his death, Judge Gartzke had five grandchildren.[2]

Outside of his legal and judicial career, Judge Gartzke was president and one of the founders of the Bayview Foundation, a nonprofit organization in Madison created to provide affordable housing in the city.[1] They secured Section 8 funding under the Federal Housing Administration and constructed the Bayview Townhouses and community center in Madison's historic Greenbush Neighborhood. Bayview remains a flourishing community with approximately 300 residents living in subsidized housing.[13] He also served on the Wisconsin Historical Society Board of Curators.[2]

Electoral history

Wisconsin Appeals Court (1978, 1984, 1990)

Wisconsin Court of Appeals, District IV Election, 1978[9]
Party Candidate Votes % ±%
Nonpartisan Primary, February 21, 1978
Nonpartisan Howard H. Boyle Jr. 15,803 26.38%
Nonpartisan Paul C. Gartzke 15,275 25.50%
Nonpartisan Gerald W. Jaeckle 10,668 17.81%
Nonpartisan Edmund A. Nix 9,302 15.53%
Nonpartisan Edward Nager 8,864 14.80%
Total votes 59,912 100.0%
General Election, April 4, 1978
Nonpartisan Paul C. Gartzke 96,865 50.40%
Nonpartisan Howard H. Boyle Jr. 95,310 49.60%
Plurality 1,555 0.81%
Total votes 192,175 100.0%

References

  1. 1 2 3 4 "Paul C. Gartzke". Wisconsin Court System. Retrieved September 5, 2020.
  2. 1 2 3 4 5 6 7 8 "Paul Coulter Gartzke". Wisconsin State Journal. October 18, 2009. p. 8. Retrieved May 2, 2019 – via Newspapers.com. Open access icon
  3. ↑ "Paul C. Gartzke". Beal Funeral Homes. Retrieved 2011-11-26.
  4. ↑ Williams, Stanley (November 30, 1960). "High Court Decision Ends Dispute Over Town's Area". Wisconsin State Journal. Madison, Wisconsin. p. 17. Retrieved September 4, 2020 – via Newspapers.com.
  5. ↑ Theobald, H. Rupert; Robbins, Patricia V., eds. (1977). "Elections: Constitutional Amendments". The state of Wisconsin 1977 Blue Book (Report). Madison, Wisconsin: State of Wisconsin. pp. 863–869. Retrieved September 5, 2020.
  6. ↑ "Gartzke to run for appeals judge". Wisconsin State Journal. Madison, Wisconsin. January 4, 1978. p. 30. Retrieved September 5, 2020 – via Newspapers.com.
  7. ↑ "Personalities key for appellate races". The Capital Times. Madison, Wisconsin. January 19, 1978. p. 34. Retrieved September 5, 2020 – via Newspapers.com.
  8. ↑ Mayo, Virginia (April 3, 1978). "Boyle and Gartzke offer contrasting views". The Capital Times. Madison, Wisconsin. p. 3. Retrieved September 5, 2020 – via Newspapers.com.
  9. 1 2 Theobald, H. Rupert; Robbins, Patricia V., eds. (1979). "Elections". The state of Wisconsin 1979-1980 Blue Book (Report). Madison, Wisconsin: State of Wisconsin. pp. 883, 887. Retrieved September 5, 2020.
  10. ↑ "Gartzke picked to head new appeals court". The Capital Times. Madison, Wisconsin. April 26, 1978. p. 13. Retrieved September 5, 2020 – via Newspapers.com.
  11. ↑ "Seraphim decision set by July 1". The Capital Times. Madison, Wisconsin. May 10, 1980. p. 3. Retrieved September 6, 2020 – via Newspapers.com.
  12. ↑ "Conviction of judge who killed self will stand". Wisconsin State Journal. Madison, Wisconsin. March 27, 1987. p. 28. Retrieved September 6, 2020 – via Newspapers.com.
  13. ↑ "Timeline". Bayview Foundation, Inc. Retrieved September 5, 2020.
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