Litigation

WI Panel to Focus on Judicial Discipline, Recusal

By Peter Hardin

With the Wisconsin Supreme Court (photo, above) wracked by division over an ethics case and policy, a special legislative panel will seek to focus on reform.

The Special Committee on Judicial Discipline and Recusal, to be chaired by state Democratic Rep. Gary Hebl, will examine whether justices should step aside from hearing cases that involve a major campaign contributor or supporter, and whether justices ought to discipline another justice, according to an Express Milwaukee article.

?I would like to take politics out of this and work toward solutions that are apolitical and are in the best interests of our courts in the state, to make sure that the public has faith in our judicial system,? Hebl said.

In recent weeks, the Supreme Court deadlocked 3-3 over an ethics complaint accusing Justice Michael Gableman of dishonesty in a campaign ad (see Gavel Grab), and split 4-3 in revising recusal rules for justices (for more, check out this Gavel Grab post.)

The new rules state that lawful campaign donations from a litigant shall not alone require a judge?s recusal in a case.

Justice Ann Walsh Bradley, in a dissenting opinion when the court adopted recusal rules, came close to asking the legislature to look at judicial recusal:

?If this court is unwilling or unable to keep its own house in order, perhaps it will require action by others to step in and assist in maintaining the integrity of the court and preserving the public trust and confidence that Wisconsin judges will be impartial.?

Andrea Kaminski, executive director of the League of Women Voters of Wisconsin, said public trust in the court can be eroded when ethics questions hang over it. ?There?s a lack of confidence in the system,? Kaminski said. ?We?re concerned about the perception of the court. People will feel that they can?t take a case to court because they won?t get a fair trial.?

Full post as published by The Gavel on July 15, 2010 (boomark / email).