Crooks still Wisconsin's Supreme Court's swing vote.

• Author: Ziemer, David

Byline: David Ziemer

For the third year in a row, Wisconsin Supreme Court Justice N. Patrick Crooks was the justice most likely to be in the majority, dissenting in only two cases in the 2006-07 term. That placed Crooks in the majority of 97 percent of the cases the court decided. In the court's two previous terms, Crooks was in the majority 96 percent of the time, and in the last three terms combined, Crooks has dissented only nine times. In contrast, for the second year in a row (and for the fifth time in the last seven terms), Chief Justice Shirley S. Abrahamson was most frequently in dissent. Abrahamson dissented 20 times this term, and was in the majority in only 69 percent of cases. Last term, as noted, Abrahamson was also the most frequent dissenter, but was still in the majority in 79 percent of cases. While those two retained their positions, the other justices flipped in how often they were in the majority. In 2005-06, the second, third and fourth justices most likely to be in the majority were Justices Jon P. Wilcox, Patience Drake Roggensack, and David T. Prosser, respectively, while Justices Ann Wash Bradley and Louis B. Butler, Jr., were fifth and sixth, respectively. In 2006-07, in contrast, Butler was second most often in the majority, at 85 percent, and Bradley was third, at 81 percent. Fourth, fifth, and sixth were Roggensack at 79 percent, Wilcox at 78 percent, and Prosser at 74 percent. Only 37 percent of the court's opinions were unanimous, and 24 percent of the decisions resulted in a four-three split. Four to Three Of the 16 cases that produced a four-three split, Crooks was in the majority all but once. Butler was in the majority in 13 of those cases, Bradley in 11, Abrahamson in 10, and Wilcox in seven. Prosser and Roggensack were in the majority in only six of the cases. The breakdown of which justices were in four-three splits marked a return to voting blocs that was apparent in the divisive 2004-05 term, but which was absent last term. In 10 of those cases, the justices in the majority were Abrahamson, Bradley, Butler, and Crooks. Another four of those decisions had Crooks, Prosser, Roggensack, and Wilcox in the majority. This alignment is similar to 2004-05, when, of 19 four-three splits, 15 involved one of those two combinations of justices. Last term, in contrast, there were 12 four-three splits, only three of which consisted of Abrahamson, Bradley, Butler, and Crooks in the majority, and only one of which was...