May 15, 2012

"Comes now" the Milwaukee Journal-Sentinel

More rubbish from your local fishwrap's editorial board, decrying State Supreme Court Chief Justice Shirley Abrahamson's objection to the four allegedly "conservative" members of the court's refusal to reappoint learned counsel John Dawson to the Wisconsin Judicial Commission.

The edit board mandarins quote Justice David Prosser, the subject of a current Judicial Commission prosecution — which those same mandarins just happen to oppose — complaining about the Chief Justice putting her and two of her colleagues' objections to Prosser's refusal in writing.

Evidently the broad irony of Justice Prosser granting an "interview" with the editorial board to complain about Chief Justice Abrahamson's publication of a letter completely eludes the edit board's deep thinkers.

Or else they're depending on it eluding the mugs to whom they cater.

"And that word ['corrupt'] was used," bitches Justice Prosser to the Journal Communications, Inc. organ, without revealing the context, nor, apparently, do the editorialists see fit to ask for that context, as not providing it plays into the false equivalencies between the court's factions the local paper is in the business of fallaciously promoting.

How's this for a false equivalency: Three of the Supreme Court's four "conservatives" have been — or are being — prosecuted for violations of the Code of Judicial Conduct. Among the Chief Justice and Justices N. Patrick Crooks and Ann Walsh Bradley? Zero ethics prosecutions in total.

And, strangely enough, when those same four alleged "conservative" justices pouted in their respective chambers for more than an hour during one of the court's open administrative conferences, Messrs. David Haynes, Ernst-Ulrich Franzen, et al's silence was conspicuous.

But now their laughably self-righteous hypocrisy is palpable.

May 14, 2012

Tom Barrett's wife did what?

Emails from Barrett's wife violated MPS policy

Or so announces a current Milwaukee Journal-Sentinel headline.

The story claims — without substantive basis: it's not explained how the Milwaukee Public Schools reached the determination memorialized in the headline — that Kris Barrett, wife of Milwaukee mayor and candidate for Wisconsin governor Tom Barrett, violated the MPS ethics guidelines against specific politically-related activities using the MPS email system.

Follow the paper's link to right-wing creeps Media Trackers' website (like Hell I'll link to it) and compare the content of Ms. Barrett's emails with the proscribed activities. None of the emails are "contribut[ions]" either in "financial resources" or "donate[d] services," nor do any of the emails contain attachments of "political or campaign materials." Not a one.

What a crock. If it really is the case that Ms. Barrett was found in violation of MPS guidelines, and those are the proffered emails and the allegedly relevant proscriptions, then Ms. Barrett should contest that finding. Any halfway competent litigator could easily knock it down.

Or any halfway competent reader of English, for that matter.

And the reporting, by Sharif Durhams, is textbook gullible. Just awful.

It's really sad what's going on up there in your great State these days.

Justice Bradley named to international judges board

Congratulations are in order.

Cue Republicans: 'Why isn't there an Association of White Man Judges?'*

* There used to be one, called Scott v. Sandford.

Wis. Sen. Scott Fitzgerald: "a whiny, sexist pig"













Via Jezebel and Badger Blue.

I know for a fact that Lori Compas has been directing her own campaign since before day one and I have the private correspondence to prove it.

Indeed, Lori Compas barely had any support — if any at all — from the Democratic Party of Wisconsin until only very recently. And she's challenged Fitzgerald to several debates, whereas he's accepted none.

Possibly because he's unable to conceal his arrogance and contempt.

Video: "The Fitzgerald boys are slowin' down."

May 13, 2012

MJS right-wingers to "elevate level of discussion"

Hilarious.

Notes Milwaukee Journal-Sentinel editorial page editor David Haynes: "Another writes regularly for a local think tank." Except three of them do, in addition to a fourth who writes regularly for WPRI, but he already has a regular column in the Milwaukee Journal-Sentinel. What Haynes also fails to mention is that Rick Esenberg's Kulturkampf boutique law firm — which last I heard consists of Prof. Rick and Mike Gableman's former law clerk — is in essence a subsidiary of the Bradley Foundation.

Here's Prof. Rick "elevat[ing] the level of discussion."

And some observers may recall Prof. Rick's lojinks last spring, when he and his compadre James Troupis filed a frivolous lawsuit in Oconto County, the distorted fruits of which they used to underpin 14 comic faux-arrest warrants against the State's Democratic Senate caucus.

Whose idea was it to let this character teach law at a university?

Glad I got the hell out of there before he turned up.*

* Although I admit I was sworn to the bar by Justice David Prosser (following an extended homily on professional ethics, ironically enough).

Of course it could have been worse: it could have been Mike Gableman.

May 12, 2012

WJC v. David Prosser, the story so far

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."@BrewCityBrawler
Haha.

May 11, 2012

So Scott Walker was doing Satan's work all along

Pious fraud Scott Walker, just last week, when he "issued a prayer":
Dear God [a.k.a. Jesus] . . . Please bless all of the people of Wisconsin. Unite us so that not our own, but Your will be done.
Now we hear he's all about "divide and conquer," for the big dollar.

Religion is not exactly my bag, but one thing I do know is that in America, Republicans like Scott Walker debase its utility every day.

Furthermore, news stories indicate that

the [Wisconsin Judicial] Commission presently may have requests to investigate possible misconduct by one or more justices.
Gee I wonder who that could be *cough* Mike Gableman *cough*.

I don't know Mr. Dawson but I took his media law course at Marquette University Law School. He was excellent, as was his course and his method of pedagogy. I remember telling him about a Ninth Circuit case that he'd never heard of in which Evel Knievel and his wife sued ESPN for calling the daredevil motorcyclist a "pimp." The Court of Appeals threw out the Knievels' complaint because, it determined, the ESPN photo-caption writer meant it as a compliment. Mr. Dawson was still laughing about the case when I mentioned it again months later. He struck me as a pretty straight shooter and a learned attorney, not a partisan at all.*

 * Incidentally this is not the same John Dawson who the idiotic wing-nuts at Media Trackers claimed signed a Recall Scott Walker petition.

Prosser got to fight. For the right. To ex parteeee

Mr. Reak is David Prosser's attorney, corresponding with Mike Gableman.

Most unusual indeed. Hardly at all surprising, however. #BFFs

Sabotage

eta: Prosser attorney letter to Gableman seeking recusal

Predictably, it's larded with nonsense at odds with Wisconsin law.

And it's dated May 8 but according to the docket not received by the Supreme Court until May 10 (except by fax). So much for formal proceedings. Maybe Mike Gableman can "tweet" his reply to Prosser.

And then Justice Prosser can "like" Mike Gableman on teh Facebook.

May 8, 2012

Milwaukee columnist Joel McNally propagates a myth

How disappointing — depressing, even — to find Joel McNally, who writes an otherwise quality political column in the Milwaukee Shepherd Express, propagating this complete myth that the Wisconsin Supreme Court is somehow tasked with ordering the formation of a tribunal to assess the Wisconsin Judicial Commission's complaint against Justice David Prosser:
Nearly two months after Prosser was charged, the [Wisconsin Supreme Court] still has not been able to appoint a three-judge appeals court panel to hear evidence, decide guilt and recommend any appropriate punishment.
It doesn't need to be able to: that court has nothing whatsoever to do with appointing the panel. Why would a scribe of McNally's abilities trust the Milwaukee Journal-Sentinel, which is presumably where McNally has obtained his premise, over the plain language of the State statutes?

Here it is again:
A judicial conduct ... panel shall consist of either 3 court of appeals judges or 2 court of appeals judges and one reserve judge. Each judge may be selected from any court of appeals district including the potential selection of all judges from the same district. The chief judge of the court of appeals shall select the judges and designate which shall be presiding judge.
How much plainer could it be? Go ahead and read Wis. Stats. §§ 757.81 through 757.99 and show me where the Supreme Court has anything to do with the commission's or the panel's work until that work is complete.

You won't find it. The complaint is filed with the Supreme Court for one obvious reason: because that body has supervisory authority over the State judiciary and the filing of the complaint is mere notice that an action has commenced. The process described in the aforementioned statutes is unique; it's neither civil nor criminal and indeed the statutes themselves explicitly acknowledge the uniqueness of that process.

Nowhere is the Supreme Court given any authority over the formation of the appellate judge panel and indeed if the Supreme Court is denying the exercise of a chimerical authority then it is thwarting the clear directives of the statute whereby the investigative process is wholly given over to the judicial commission and the appeals court judges.

Nobody should ever trust newspaper or teevee reports of legal proceedings,* especially these days when so many original sources are available online. And certainly don't trust the Journal-Sentinel, which has even editorialized that the complaint against Justice Prosser  —  whose candidacy the paper endorsed last year  —  should be dropped, again, based on the demonstrably false premise that the Wisconsin Supreme Court has formative authority over the judicial conduct panel.

The Supreme Court has nothing to do until the panel has done its work and more recently we had Prosser's "conservative" ally Justice Patience Roggensack recuse herself from a case that isn't even before her court!

The present situation is one of pure lawlessness and again I ask myself, what is the point of even posting at this blog directed to a jurisdiction where conservative media drive the political narrative and now even prominent local liberal commentators are suckered by that narrative.

Well, whatevs. Have at it, y'all. And hey, there's always Rick Esenberg.

I have a couple of "unfinished business" posts I want to throw down but after that, it's either back to hiatus or I'm going to find something else to write about other than this banging-your-head-against-a-wall stuff.

* An FYI: Worst offender, CNN's Jeffrey Toobin. That dude is dreadful.

May 7, 2012

Walker has less than a month to create 250K jobs

Bill Lueders: Scooter's vanishing acts

"By the end of his term," June 5, "God willing," as he is fond of saying.*

* I'd mention that al-Qaeda also punctuates its press releases with this mini-prayer, but I'm mindful of the Journal-Sentinel's admonitions.

Wisconsin DNR takes exception to ... nothing

Via Jim Rowen, comes now Wisconsin Department of Natural Resources Secretary Cathy Stepp's Sunday evening response to yesterday's story in the State Journal about a gaggle of Republican political appointees and campaign donors connected to contaminating Jefferson County drinking water with human excrement. Stepp doesn't dispute a single word in the report and in fact claims she's going to take steps to more thoroughly identify potential conflicts of interest in the future. Despite all of those elements, Secretary Stepp's press release is shot through with fauxtrage.

What's Stepp's point, other than to take people for fools? I have no idea.

May 6, 2012

Shirley, you go girlfriend.

'Some justices who speak most forcefully for more prompt issuance of opinions are the very justices who are slow in circulating theirs.'
¶20 Another claim, particularly advanced by Justice [sic] Gableman, is that "in the 13 years, the nearly 13 years that this court has been doing it, no court in the United States, no court in this country has seen it wise to emulate our practice."
¶21 So what?
SHIRLEY S. ABRAHAMSON, C.J. (dissenting).

Wisconsin Republicans: The most apt metaphor

"So much human waste it risked poisoning nearby drinking water."

If you watch this space you've likely seen this story already but it deserves as wide a circulation as Mr. Herr's human excrement.

And as does that gang of scofflaws the WISGOP's metaphorical shit so y'all can send them packing at the general election June 5 in spite of the Milwaukee Journal-Sentinel editorial board's ridiculous bellyaching.*
The handling of the case raises questions about whether the political and business ties of top administrators appointed by Walker are influencing their handling of law enforcement cases.
Haha ya think?

* "It also carries the potential, as [Scott] Walker told the Editorial Board this week, for setting the stage for a constant recall election cycle."

Er, no, the Wisconsin constitution did that a long time ago. Not that Walker and his henchpersons have any respect for that thing, of course.

May 5, 2012

Unabomber likes pancakes. Do you?

Via Xoff, the Bradley Foundation caters to dumbasses.

Update (via Xoff again):
"The Heartland Institute knew this was a risk when deciding to test it, but decided it was a necessary price to make an emotional appeal to people who otherwise aren’t following the climate change debate," said the institute's president Joe Bast.
What a clown. This isn't an emotional appeal, it's a stupidity appeal.

Do conservatives enjoy being insulted, or what?

May 4, 2012

Milwaukee Journal-Sentinel editorial board funnies

Hysteria it is, then.

"The Soviet Union had a similar house news organ [to the Milwaukee Police Department's]; they called it Pravda."
— Ernst-Ulrich Franzen, 5.3.2012
"Scott Walker is not Adolf Hitler or Hosni Mubarak. ... [T]hose who call him a Nazi are engaging in hysteria, not debate."
— Ernst-Ulrich Franzen, 2.18.2011
Earlier: Full disclosure at the Milwaukee Journal-Sentinel

May 2, 2012

Prosser pal wrangles free from Prosser chokehold

Concludes Wisconsin Supreme Court Justice Patience Roggensack:
I conclude that the Rule of Necessity cannot trump the mandatory directive of the legislature.
So whatever happened to the mandatory directive of the legislature to the chief judge of the court of appeals to appoint a three-judge panel?

Same thing as happened to the mandatory directive of the legislature that under no circumstances is less than two hours notice to be given of a public meeting of the legislature, I suppose: it was duly ignored.

Continues Justice Roggensack:
Statutory interpretation begins with the words chosen by the legislature in order to determine the meaning of the statute.
Yes, and let's look at some words chosen by the legislature:
A judicial conduct ... panel shall consist of either 3 court of appeals judges or 2 court of appeals judges and one reserve judge. Each judge may be selected from any court of appeals district including the potential selection of all judges from the same district. The chief judge of the court of appeals shall select the judges and designate which shall be presiding judge.
Why hasn't the chief judge done so? We are told — continually by the Milwaukee Journal-Sentinel — that the chief judge is waiting for the Supreme Court's "order" to him to do so. That alleged requirement is pure fantasy. If Justice Roggensack is recusing herself from Justice Prosser's ethics case as the first step to prevent the Supreme Court quorum allegedly required to order the chief judge to appoint a judicial conduct panel, what we're witnessing is the biggest legal travesty since Roggensack and her "conservative" colleagues last June invented a power not authorized by the State constitution in order to protect their fellow Republicans from the consequences of the Republican-controlled legislature's facially illegal activities in passing their union-busting Act 10.

And the State's biggest newspaper is helping enable this farce.

April 30, 2012

Repugnant, unconstitutional, and void on its face

Tell us what you really think, unanimous Supreme Court of Oklahoma.

Conservative bishop would let liberal corpses rot

Is what it says here. Nice religion you got there buddy.
The penalty was widely used in the Middle Ages ...
So Mr. Morlino's nostalgic for the golden days of fanaticism. Figures.

April 29, 2012

Prosser complaint "has gone on long enough" — MJS

Even though it's barely gotten started

Drop the Wisconsin Judicial Commission complaint against Supreme Court Justice David Prosser, urges the deep thinkers at the Milwaukee Journal-Sentinel editorial board. "Under normal procedure, the court would appoint a panel of three appeals court judges who would hear the case," they claim. What is "normal procedure"? Well, they don't say.

Presumably the edit board is relying on unsubstantiated claims made by Justice Prosser and his attorneys and reported by the Journal-Sentinel. In fact those are the main premises underlying the Journal-Sentinel's argument, if indeed one can straighfacedly call it an argument at all.

But the Wisconsin statutes clearly say that the chief judge of the court of appeals shall appoint the panel. And apparently the Journal-Sentinel couldn't care less for the law, so often has its falsehood been repeated.

Prosser is a Republican whose reelection the Journal-Sentinel supported.

Because, as the edit board offered at the time, "he is a good writer."

The Milwaukee Journal-Sentinel's point of view

"The [May 8 primary] election will again feature 'fake' or 'protest' candidates, depending on one's point of view," sez the Milwaukee Journal-Sentinel. Those are candidates running under the rubric 'Democrat' even though they were "recruited by the Republican Party," which calls them "protest" candidates. The J-S then goes on to refer to them as "protest candidates" five times and never as "fake candidates."

Because, ya know, it "depends on one's point of view."

On teh web: Journal Communications, Inc.

April 26, 2012

Wisconsin high court takes a four-bambini lunch

Video link to the portion of yesterday's Wisconsin Supreme Court open administrative conference which Justices Prosser, Roggensack, Ziegler, and Gableman* refused to attend. Reportedly the quartet objected to an open discussion of Justice Roggensack's proposal to do away with open discussions. The remaining three justices discuss why Roggensack et al's reasoning is fatuous. Mike Gableman had complained that the open conferences had no parallels in other States — a false claim, evidently** — and Justice Ziegler was concerned that the open conferences contributed to the diminished public esteem in which the court is held.

Which makes sense because when the CJ has to send the marshal to solicit the votes of four justices who are pouting in their chambers like spoiled children, public esteem for the institution is greatly augmented.

* The "conservatives." Just call them Republicans and get it over with.

** False claims being what Gableman is most famous for and indeed helped Gableman to a Supreme Court chambers in which to now pout.

April 25, 2012

Justice Crooks "eager to damage" Justice Prosser

Or so claims an overly paranoid Justice Prosser.

Now that's one for the annals of ridiculous "defenses."
This motion [to recuse] expects that Justice Crooks will understand that he cannot participate as a judge in this case.
Well, yeah, he probably understands that he may not sit on the panel.

Good grief. Republicans have no principles, "conservative" or otherwise.
Apart from saving their own asses from any consequences, of course.

April 24, 2012

Wis. Ct. App. chief judge needs to get to work

Notes otherwise highly astute Milwaukee Journal-Sentinel reporter Patrick Marley, in the 30th paragraph of a 31-paragraph story:
State law does not explicitly say an order from the Supreme Court is needed to create a panel to review a judge's conduct.
Nor even does it implicitly say it. However what State law explicitly does say is that the chief judge of the Court of Appeals shall create a panel. That is a statutory directive to the chief judge. Justice Prosser's is not a case that is "before" the Supreme Court until the three-judge panel has done its work, heard from the parties and their attorneys, made its findings, and published its recommendations. Then the panel's work becomes a thing* that is before the Supreme Court. Thus Justice Prosser's demands that several of his colleagues step aside from his case are unripe, clearly. That the Wisconsin Judicial Commission's complaints are filed initially with the Supreme Court is but mere formal notice.

Obviously that court needs to be made aware that there is a pending complaint against one of the State judges over whom the high court has supervisory authority** in matters concerning a judge's alleged unethical conduct or questions as to a judge's competence or mental fitness.

To put it bluntly, Court of Appeals Chief Judge Richard Brown is failing to comply with an explicit statutory command so long as he waits for the Supreme Court to "order" the formation of the three-judge panel. He himself needs to order that panel's formation without further delay.

The law mandates it. Full stop.

* Neither civil nor criminal.

** The supervisory authority does not extend to cases where justices of the Supreme Court disagree with the legal work  be it procedural or substantive — of a trial court judge. Indeed it was the flagrant abuse of the supervisory authority that led Justice Prosser and his three allegedly conservative sistren/brethren to their unwarrantedly mean-spirited vacating of Dane County Circuit Judge Maryann Sumi's orders last June.

Dispositions such as those are what appellate — and not supervisory — jurisdiction is for and, somewhat incredibly, those same four allegedly conservative justices at the same time dismissed the appeal of Judge Sumi's orders. You want to talk about a dysfunctional court, never mind the much-publicized personal animosity among the justices, look at how this court's conservative majority is sneering in the face of the law.

The law is a pliable concept in many instances but this ain't one of 'em.

April 23, 2012

Another coup for Media Trackers' Brian Sikma

What sort of man reads Media Trackers?

What, no bonus for Mike "Peppercorn" Gableman?

"We're broke." — Wisconsin Governor Scott Walker, repeatedly

You have got to be effing kidding me:
Assistant Attorney General Maria Lazar, who defended Walker's collective bargaining law in an open meetings challenge and has handled the State's defense of Republican redistricting legislation, got a $1,000 bonus and a $1.50-an-hour raise in March, bumping her salary by more than $3,000 to $104,730.

Deputy Attorney General Kevin St. John, who defended the collective bargaining law in front of the State Supreme Court, got a $2.51-an-hour raise in March that adds up to more than $5,000 per year and brings his pay to $134,307.
Some defense.

Ms. Lazar admitted in a Dane County trial court that the Fitz Van Walker regime both broke the Wisconsin Open Meetings Law and violated the State constitution, which was pretty much dispositive in Judge Maryann Sumi's decision to enjoin Act 10, Scott Walker's "signature" union-busting "achievement"* and Mr. St. John, the lead attorney by the time the case got to the State Supreme Court, would have by rights lost that case but not for the alleged "conservatives" on the court dreaming up a jurisdiction unauthorized by the constitution.

Oh and by the way, contrary to the AP story, St. John & Co. were not "defend[ing] the collective bargaining law," they were defending the Wisconsin Republicans' breaking the law and violating the constitution.

This is what passes for meritoriousness under Scott Walker. Incroyable.

* From the MJS's comically fawning report of Walker's "barnstorming."

April 21, 2012

Milwaukee Journal-Sentinel outrage at Ted Nugent

Oh, wait, sorry, that was at Hilary Rosen. Ted Nugent is a Republican.

April 20, 2012

Our old pal Wisconsin Senator Ron Johnson

Two classics from two of Wisconsin's best political blogs:*

Ron Johnson: As bad as I said he would be

Ron Johnson's Political Career is Over

What a maroon.

* And not exactly flaming liberals, either of 'em.

Today's informative Wisconsin headlines

MJS: Wisconsin lost 4,300 private sector jobs in March

MJS: Walker promise to "create 250K new jobs" is "in the works"

lulz

You know they take you for utter fools, aina?

April 19, 2012

Why hasn't Prosser called for Gableman's recusal?

File under: Mike Gableman's date uncertain

Anybody remember these two little ditties?

Who will be the next Wisconsin special prosecutor — 09.02.2011

"I'm aware of a story involving another justice." — 09.03.2011

Perhaps Justice Prosser needs "the Honorable" Mike Gableman to testify to Justice Ann Walsh Bradley's history of workplace violence. But seriously, why has Mike Gableman thus far been immune from either a criminal or a judicial commission investigation? Or, for that matter, Justice Bradley? Because Gableman accused Justice Bradley of "striking" him on the back of the head. Or could it be that everyone else — like your humble correspondent — can't possibly take Gableman seriously.*

And, lest we forget the famous peppercorn ...

* With the exception of Justice Prosser, who calls Gableman, "tireless, indefatigable, and brilliant" (brilliance is doubly tiring doncha know).

Prosser also told the public to "get over" Gableman's pisspoor ethics. No. I personally find Justice Prosser's latter admonition ironic, as it was he who swore me into the Wisconsin bar immediately upon delivering a lecture on the paramount importance of professional ethics.

Was I not to have taken him seriously either?

April 18, 2012

Full disclosure at the Milwaukee Journal-Sentinel

Er, not quite.

"Walker returns $170,000 to business group's PAC," it says here: "Metropolitan Milwaukee Association of Commerce says it misunderstood GAB guidance on giving." Did you know that Steven J. Smith, chairman of the board and chief executive officer of Journal Communications, Inc., which owns both the Milwaukee Journal-Sentinel and the insufferable dissembler Charlie Sykes, and whose local teevee station plays weekly host to sleazy hacks like Brian Sikma of Media Trackers, is also an officer on the board of directors with the Metropolitan Milwaukee Association of Commerce? Well, you may have known it but you wouldn't have known by reading the Milwaukee Journal-Sentinel.

And it's not the first time you wouldn't have known it either.

Incidentally MMAC chairman Ulice Payne, Jr. conducted a panel I attended during orientation week at Marquette University Law School which turned out to be devoted exclusively to Payne's glorifying "how much money you will make." Payne, who at the time was a partner at Foley & Lardner, brought along a new associate with the firm and recent graduate of MULS. Payne instructed the young woman to tell the audience what her starting salary was and warned her that if she didn't provide this information then he would. It was a display so unseemly that I had to leave the hall and thence avoid the rest of orientation week.

That's an ostensibly Catholic institution, by the way, so perhaps Payne was emphasizing "how much money you will make" so you can give lots of it to charity. But I doubt it because Payne further emphasized that $10K of the new attorney's compensation was in clothing allowance, and the young associate wasn't exactly dressed in sackcloth (nor was Payne).

This while the State Bar of Wisconsin labors to disabuse the popular perception of attorneys as money-grubbing. Deftly played, Mr. Payne.

Teach those baby lawyers well.

April 17, 2012

Patience Roggensack Prosser's latest recusal target

"The objective standards for recusal in Wis. Stat. $ 757.19(2)(b) are unequivocal," asserts Justice David "Side Door" Prosser's attorney, Kevin Reak. "In view of the statutory mandate, I am writing to request respectfully that you [Justice Patience Roggensack] recuse yourself in this matter." Firstly, Mr. Reak's reference to the "statutory mandate" is inconsistent, in that he just got done asserting that "the [Wisconsin Judicial Commission's] complaint will remain in the Supreme Court until the Court issues an order sending the matter to the Chief Judge of the Court of Appeals for the appointment of a three-judge panel."

And ironic because there is no "statutory mandate" requiring any such Supreme Court order and in fact the statutory mandate issues directly to the Chief Judge of the Court of Appeals to appoint the three-judge panel without any supplementary order required from the higher court.

Secondly the recusal statute to which Counselor Reak cites is limited to "any civil or criminal action or proceeding," which raises the question whether a judicial commission investigation is either a civil or criminal action. We know it's not a criminal action because there are no criminal penalties attached to the panoply of disciplinary moves the Supreme Court may make upon review of the three-judge panel's recommended disposition (which the Supreme Court may also ignore completely).

And we may quite possibly know that a judicial commission investigation is not a civil action either, because as Wis. Stat. § 757.85(7) instructs, "[i]nsofar as practicable, the procedures applicable to civil actions apply to proceedings under ss. 757.81 to 757.99 [the statutory sections regulating the judicial commission and its activities] after the filing of a complaint or petition." In other words the statutes explicitly contemplate that procedures applicable to civil actions may not be practicable, which inapplicable or impracticable procedures would place them outside the purview of Wisconsin civil procedure delineated elsewhere in the State statutes. So how could a judicial commission investigation be a civil action if it doesn't conform to the rules of civil actions? It cannot be.

In any event the plain language of the Wisconsin statute prima facie distinguishes judicial commission investigations from civil actions.

This here blargh has mentioned on previous occasions that the statutory framework governing judicial commission investigations is a bit of a mess. Indeed Justice N. Patrick Crooks pointed out a number of discrepancies to a State legislative committee in the wake of the Mike Gableman debacle a couple of years ago and suggested that representatives of that committee would do well to sit down and review those discrepancies and do something about them, but they never did.

They should have listened to him. He's a very smart guy, in particular in matters of legal procedure, and he's been a judge for several decades.

So here we are again, and Mr. Reak has apparently unwittingly limned yet another inconsistency in the law. However it seems to me he cannot rely on the recusal statute he's referencing for the above-mentioned reasons so perhaps he needs to get back to the drawing board himself.

April 16, 2012

Make that "Side Door Davey"

Sez Franklyn M. Gimbel:
The [Wisconsin Judicial] Commission is opposed to the use of any side door or issuance of any dispositive decisions that would avoid such a hearing.
But you already knew that Court of Appeals Chief Judge Richard S. Brown* does not need any supplementary order from the Supreme Court to form a panel to hear the case against Justice David Prosser. Just because Prosser's attorney claims that such supplementary order was issued in the past does not mean that it is required in the present instance and especially does not mean that it was required in the past.

If that past practice was wrong, you don't follow it. Yet apparently that is what Justice Prosser wants to do: follow an incorrect past practice.

Make of that what you will. I think it's kind of funny. And sad.

* Who holds an advanced degree in Judicial Process.

P.S. The first sentence of Gimbel's second paragraph makes no sense, or else Brown is an "advised Judge" and Gimbel provided a copy of him.

Which at least wouldn't be as bad as cloning Justice Prosser's odious partner in mutual admiration, "the Honorable" Michael Gableman.

April 15, 2012

Scott Walker spokesmodel's "predominant function"

According to a United States Federal District Court:
Hooters has admitted that the Hooters Girl's predominant function is to provide vicarious sexual recreation, to titillate, entice, and arouse male customers' fantasies.
Ms. Matthews et al don't do much for me, but I'm not a table:
[Hooters'] counsel stated that Hooters' trade dress consisted of ... a table-top setup consisting of a wooden vertical paper towel spool ... and table tents ...
Now there is some furniture Rebecca Kleefisch can marry.

h/t Jud Lounsbury.

April 14, 2012

Loop Hole Davey

Hi everybody! What's up with this?
[Wisconsin Court of Appeals Chief Judge Richard] Brown has said he needs an order from the Supreme Court to create the panel.
Where's he getting that from?
If a jury is not requested [which it was not], the matter shall be heard by a panel constituted under sub. (3).
Sub. (3):
A judicial conduct and permanent disability panel shall consist of either 3 court of appeals judges or 2 court of appeals judges and one reserve judge. Each judge may be selected from any court of appeals district including the potential selection of all judges from the same district. The chief judge of the court of appeals shall select the judges and designate which shall be presiding judge.
He don't need no stinking order. That's his order ("shall") right there.

And I wonder what Justice Prosser's BFF Mike Gableman thinks about Prosser trying on every procedural loophole in the book in an attempt to keep his ethics case out of court. As for Prosser's "sparring" with the Chief Justice over his ethics case's posture, Prosser is wrong. While the Judicial Commission's complaint is filed with the Supreme Court, that court has nothing to do with it until the panel has heard the case and issued its findings. However it's not surprising that Prosser believes his case is already before the Supreme Court, as he's been known to issue extraordinary writs in cases where he and his allegedly "conservative" colleagues do not even have jurisdiction (and then removing himself from the same case because his personal political campaign lawyer — the notorious James Troupis, Esq. — was set to argue the case before him).

Hope y'all are having fun up there!

White Stripes: Black Jack Davey

January 18, 2012

Thanks for all the cheese

It's been a pantload. See ya soon.

WISGOP: Incest is [Michael] best

[Former U.S. Attorney Steven] Biskupic and his fellow attorneys based their complaint on a piece of propaganda put out by the MacIver Institute, a "public policy think tank" funded by the ultraconservative Bradley Foundation. The Bradley Foundation is headed by Michael Grebe, former chair of the Walker gubernatorial campaign and the chair of Friends of Scott Walker, one of the organizations that filed the suit in Waukesha County.
By Lisa Kaiser.*

* Best** advocacy journalist in Wisconsin.

** Best as in the superlative, not the aforementioned WISGOP law firm.

Of Mike "Peppercorn" Gableman's "peppercorn"

In a word, preposterous:
The notion that the judicial code and ethics laws permit a judge to secretly receive expensive legal services (or fancy cars or lakefront real estate) in return for sham, symbolic payment — say, a "peppercorn" — is not merely frivolous, it seeks to play the [Wisconsin Supreme] Court and the public as fools. Here, Justice Gableman did not ever need to provide even a peppercorn.
Intervenors' Proposed Reply in Support of Recusal or Disqualification

January 17, 2012

Wisconsin governor may stoop to visiting Wisconsin

Gov. Scott Walker, in New York today on a fundraising trip, said he looks “forward to talking to the people of Wisconsin ... "
Quote, unquote. PR genius as usual.

More than one million signatures to Recall Walker

"Thanks a million." — Scott Walker

I happened to catch Charlie Sykes and his fellow wing-nuts Christian Schneider and Brian Sikma on TMJ-4 on Sunday. All were yukking it up and claiming organizers would fail to collect enough signatures to recall Lieutenant Governor Rebecca Kleefisch, but they got her too, with nearly 850,000 of them. These characters are in deep, profound denial.

And WISGOP challenges will likewise be an exercise in futility. Signature-gatherers have been triple-checking the docs prior to their submittal.

Now, more importantly, we'll see whether November, 2010 was a fluke.

Even if it wasn't, Scott Walker blew it, by rescinding the people's statutory rights, which wasn't necessary, and in particular wasn't necessary for any fiscal reason. Walker admitted that, and the litigation which culminated in the Wisconsin Supreme Court's invention of "supervisory/original" jurisdiction proved it. Rescinding the people's rights is not something you can do without consequence, apparently.

That's as it should be, and it's why the constitution authorizes recalls.

Statement of Milwaukee Mayor Tom Barrett

On Scott Walker's "deception":
"I stand with the hundreds of thousands of ordinary Wisconsin citizens who have had enough of Walker's cynical politics that try to divide the people of our State." — via The Wheeler Report
Sounds like a candidate. An aggressive one.

Meanwhile Walker is off shaking down out-of-State agitators.*

* This Maurice Greenberg? He leases at 399 Park Avenue.

Lori Compas for Wisconsin Senate

Ms. Compas just turned in 20,600 signatures to recall Big Fitz.

She needed 16,742.

Tamara Grigsby's a fighter

In more ways than one.

All the best of the very best wishes to one of my favorites.

Scott Walker insults a decorated war veteran

Reports Daniel Bice:
"Mr. Freedman’s letter is nothing more than a political ploy by a long time Democrat," said Walker spokesman Cullen Werwie.
Perhaps there were politics at play, but Mr. Freedman is a Vietnam vet with a Bronze Star and it's kind of insulting to assert unequivocally there were no concerns on Freedman's part for his fellow veterans, is it not?

No wonder Scott Walker is being recalled today at 3 p.m.

He can take his assortment of foolish spokespersons with him.

Then the only one left will be poor old Charlie Sykes.

The "chaos" is all to the Wisconsin GOP's account

As the Tomah Journal points out:
Wisconsin used to have one of the nation’s most efficient, honest and voter-friendly election systems in the country. No more.
Yet Journal Communications, Inc.'s Milwaukee teevee station, TMJ-4, is still running its "CAPITOL CHAOS" banner over election-related stories, attributing the "chaos" to opponents of the Fitz Van Walker regime.

Yes, they really do think you're that stupid.

I guess you would be that stupid if you got all your news from them.

January 14, 2012

Hitler comparisons inapt, say WISGOP partisans

True, 'cuz Walker canceled the train he could have made run on time.