Supreme Weekly: News from Alabama, New Jersey and Wisconsin

---

This article may not adhere to Ballotpedia’s current neutrality policies.

---

June 30, 2011

by: Katy Farrell

The major news in the state Supreme Courts this week focuses on judicial transitions. Also, we try to delve a little deeper in the surprising conflict in Wisconsin.

ALABAMA

Chief Justice Cobb announces retirement

Yesterday, Chief Justice Sue Bell Cobb announced that she will resign from the Alabama Supreme Court, effective August 1, 2011. Though the decision is based on a desire to spend more time with her family, in her announcement she also mentioned another reason. Apparently Alabama's system of judicial selection was a factor, as evidenced by this statement, "Another statewide race at this point in time would require me to raise millions of dollars while constantly endeavoring to appear and remain impartial and would require me to sacrifice precious time which I could be spending with my family."

Cobb is the only Democrat on the court. She was elected in 2006, after defeating Republican incumbent Drayton Nabers, Jr. Cobb has served as a judge at almost all levels of the Alabama judicial system. Her career began as a District Court judge in Conecuh County, where she served until 1994, when she was elected to the Alabama Court of Criminal Appeals. Three years later, she was appointed to the Alabama Court of the Judiciary, the disciplinary body in the state.

One would imagine the role of a Chief Justice is always stressful, but recently it's been much worse in Alabama. In this column, we've repeatedly mentioned the draconian cuts to the judicial branch, causing court closures, layoffs and more to be expected in September. Governor Robert Bentley will have to appoint someone to fulfill the remainder of Cobb's term, which expires at the end of 2012.

The governor has given no hints as to the timetable for an appointment, nor to who he's considering. After Cobb's resignation announcement, he said, "My goal is to find someone with the judicial and administrative experience needed for this important position." In Alabama, the governor has sole authority over interim appointments.

NEW JERSEY

Anne Patterson confirmed by Senate

On Monday, the New Jersey Senate took another step toward civility in confirming Anne Patterson to the New Jersey Supreme Court. Though originally appointed to succeed John Wallace, she was confirmed to replace Roberto Rivera-Soto when his

term expires in September. For Patterson, the confirmation process took almost a full fourteen months, an extremely long time for a state Supreme Court appointment. While few doubted her preparedness for the court, she was caught in a swirl of politics among all three branches of government.

Patterson has spent most of her legal career in private practice, focusing on different aspects of corporate law. Before that, she served as Deputy Attorney General and Special Assistant to Governor Peter Perretti from 1989 to 1990.

Remember the case?
The Oklahoma Supreme Court refuses to hear a resident's lawsuit challenging a transfer of specified revenue to balance the state budget. To learn more, check out a previous column, Supreme Weekly: Busy week for the courts.

WISCONSIN

Investigation instigated over argument in court chambers

Over the weekend, news broke of an alleged interaction between Justices Ann Walsh Bradley and David Prosser. The incident occurred on June 13, as the court debated a lower court ruling over Wisconsin's new law eliminating collective bargaining rights for public employees. Justice Bradley says that she asked Prosser to leave her office and then he put his hands around her neck, in a chokehold.

Prosser denies this version of events and refuses to comment on the situation. His spokesperson made it clear that he was cooperating with investigators, both the Dane County Sheriff's Office and the Wisconsin Judicial Commission.

This week, the media has run with the story: Governor Scott Walker spoke on the radio about it, criticizing the infighting on the court; editorials have called the court "a travesty," "a joke" and more; and no one seems to have any solutions for improving the atmosphere on the deeply divided court. The situation may still get worse before it gets better. If any disciplinary action is recommended by the state judicial commission, the Wisconsin Supreme Court will have the final say in consequences. This sort of outcome is not far-fetched and already happened in 2008, regarding an election complaint filed against Justice Michael Gableman. That case was resolved with a 3-3 divided court, separated into its liberal and conservative wings.

Last night, the Society of Professional Journalists in Madison, Wisconsin hosted an event with former Justices Jon Wilcox and Janine P. Geske, along with two attorneys. Each member of the panel shared a unique perspective of the current culture on the court. Justice Wilcox contends that Chief Justice Abrahamson's uncompromising demeanor sets the tone of the court. Lester Pines, an attorney on the panel, suggested that the Chief Justice and Patience Roggensack head two divisions on the court and their mutual cooperation would do much to heal the ideological camps. All speakers at the event expressed dismay at the most recent incident at the court, but felt that the culture has been building for at least fifteen years.

See also

• Supreme Weekly: A glimpse at next year's Supreme Court elections
• Judgepedia's Supreme Weekly: The States