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Ethics
: Legal Ethics ForumJudicial Electioneering
From LegalEthicsForum:
The growing rift
between liberal and conservative justices on the Wisconsin Supreme Court has
once again caused indecision. This time, the issue was whether
Justice Gableman should be disciplined for the misleading
advertisement that his campaign committee aired against former
Justice Butler. Butler had long ago been a public
defender, represented a criminal defendant on appeal, won at the
court of appeals level, but lost at the supreme court level. The
client then served his time, but regrettably committed another serious
offense after he was released from prison. From these
facts, the campaign committee somehow crafted the following
television attack ad, which Justice Gableman reviewed and approved: ?Louis
Butler worked to put criminals on the street. Like Reuben Lee Mitchell, who
raped an 11-year-old girl with learning disabilities. Butler found a loophole.
Mitchell went on to molest another child.? [See the full ad here.]
In short, the three
liberal justices found disciplinable conduct in the ad?s misleading
speech (opinion, here); the three conservative justices found the ad
?distasteful? but not disciplinable (opinion, here). Now, the judicial conduct authorities do not
know what to do with this tie.
This same
three-three split occurred recently in the much-followed case of State v. Allen, in which a criminal defendant
moved to disqualify Gableman (in part for the remarks above). The
resulting deadlock meant that the motion to disqualify was effectively
denied. And as a final example, the split essentially
caused the Wisconsin Supreme Court?s anomalous Caperton response (or
more accurately, nonresponse); see earlier post for details.
Full post as published by Legal Ethics Forum on July 03, 2010 (boomark / email).

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