Paul C. Gartzke

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. 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. 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. A few months later, Gartzke announced he would run for one of the newly created appeals court seats. 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. 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. In the end, Gartzke prevailed with a slim majority. 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.

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

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. He also served on the Wisconsin Historical Society Board of Curators.

Electoral history Wisconsin Appeals Court (1978, 1984, 1990)