Wisconsin Supreme Court justice on trial

April 20, 2010

Wisconsin: Six justices of the Wisconsin Supreme Court have not yet ruled on charges filed against their colleague, Justice Michael Gableman. Gableman is the target of an ethics complaint filed after a commercial shown during his 2008 campaign against challenger Louis Butler. The commercial implied that Butler found a "loophole" and allowed a convicted sex offender "to molest another child". However, Butler's involvement in the case revolved around him acting as the criminal's lawyer, not a judge. Also, it wasn't until the criminal was released on parole that another crime occurred. The allegation may violate Wisconsin's Code of Judicial Conduct, created so as to not compromise the integrity of the bench. The code contains a prohibition against making misleading claims during a judicial campaign.

Making an already unusual situation more complicated, Justice Gableman filed a motion to have Justice N. Patrick Crooks recuse himself from the case. Gableman alleges that his colleague made "gratuitous personal attacks" and "personal criticisms" against him in a written concurrence, thereby showing bias.

Last year, a three-judge panel recommended the case be thrown out, alleging the claims made in the television commercial were actually true. While there has been no statement regarding the consequences of the Court's decision, the Wisconsin Judicial Commission allows for reprimand, censure, suspension or removal, depending on the severity of the violation. Since Chief Justice Shirley Abrahamson has commented that one of the most difficult aspects of the case is, "...when the person whom you’re judging is someone you know you work with, you have to work with and you will continue to work with regardless of the result in this case", one can conclude that Justice Gableman would potentially be publicly reprimanded if found guilty.