UPDATE 11:18 a.m. May 31, 2011: Joanne Kloppenburg conceded today, acknowledging that the recount uncovered "significant and widespread errors and anomalies", but that there was no basis for an appeal.
A few more details here, including this description of Prosser staying classy to the end:
Prosser thanked Kloppenburg for a "very gracious" concession and said he hadn't doubted his victory in spite of the campaign. The Prosser campaign scrambled to respond to the concession, organizing an impromptu news conference in which the justice spoke from a podium fashioned from a cardboard box and leather notebook.
An impromptu news conference by Prosser? This was the last day Kloppenburg could appeal and her 11:00 a.m. press conference was publicized well in advance, and Prosser was unprepared? I mean really...a freaking cardboard box?
Video of Kloppenburg's press conference here. She outlines the reasons she is calling on the GAB to improve Wisconsin's elections, but she declines to pursue an appeal based on her evaluation of the recount results and the law.
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Politico and others are reporting that JoAnne Kloppenburg will concede the race for Wisconsin Supreme Court Justice at her 11:00 am press conference. The recount confirmed that Kloppenburg lost to incumbent David Prosser.
Politico cites only "a Democratic source."
As of this writing, Kloppenburg has not filed paperwork to appeal the recall. Today is the deadline.