A reader asks.
The Wisconsin Judicial Commission has done its own initial investigation, having been alerted to "possible misconduct" by a Wisconsin judge, namely David Prosser. The Commission found probable cause that Justice Prosser "has engaged" in misconduct. The Commission has filed a formal complaint "with" — notably, not in — the Wisconsin Supreme Court.
Now, the Judicial Commission "shall prosecute any case of misconduct ... in which it files a formal complaint." (All of these quotations are from Chapter 757 of the Wisconsin statutes, by the way). And now, "[t]he chief judge of the court of appeals shall select the judges [for the three-judge panel] and designate which shall be presiding judge."
But the Commission cannot prosecute its case until the chief judge selects the panel, which he hasn't yet done because reportedly he's waiting for an order from the Supreme Court. There is no such order mentioned, contemplated, or even implied by the Wisconsin statutes.
Why Franklyn Gimbel, who is the attorney the Commission has retained to prosecute the case, hasn't explicitly pointed this out, or taken steps to force the chief judge of the court of appeals' hand, I have no idea.
Even if it was the case that the Supreme Court "ordered" the formation of the panel in prior misconduct actions, it has no statutory authority to do so, nor, more importantly, has it any statutory authority to withhold such an "order," because such an order does not exist in the Wisconsin statutes. It could be that some members of the Supreme Court believe its supervisory authority — which is constitutionally granted — supersedes the clear directives of the statutes. I have no idea of that either, because none of them has said so, and perhaps nobody has asked them.
If any of them believe that, and if any of those are self-described "judicial conservatives," I, for one, would find that belief highly comical.
But not in the least bit surprising.
"Your precious belief that we have a government of laws in Wisconsin never fails to amuse." — @BrewCityBrawlerHaha.