
The Wisconsin Supreme Court, entrusted with upholding justice, has unfortunately seen its share of controversies that challenge the very principles it stands for. Here’s a closer look at some notable incidents:
1. Justice David Prosser: From Verbal Assaults to Physical Confrontations
- The 2011 Altercation: In a shocking display, Justice David Prosser was accused of placing fellow Justice Ann Walsh Bradley in a chokehold during a heated debate over the contentious Act 10 legislation. While no criminal charges were filed due to conflicting accounts, the incident tarnished the court’s reputation.
- Prior Outbursts: This wasn’t an isolated event. In 2010, Prosser reportedly called Chief Justice Shirley Abrahamson a “total bitch” and threatened to “destroy her,” citing prolonged frustrations with colleagues. Wikipedia
- Questionable Decisions: As a District Attorney in 1978, Prosser declined to prosecute a Catholic priest accused of sexual abuse, a decision that drew criticism when the priest was later convicted of assaulting multiple children. Wikipedia
2. Justice Michael Gableman: Ethics Under Scrutiny
- Controversial Election Investigation: After leading a taxpayer-funded probe into alleged fraud in the 2020 presidential election—a probe that found no substantial evidence—Gableman faced a 10-count ethics complaint. Allegations included disrupting court proceedings, making false statements, and mishandling public records. WLUK+3AP News+3Wisconsin Examiner+3
- Legal Repercussions: The Wisconsin Office of Lawyer Regulation’s complaint could potentially lead to Gableman’s disbarment, highlighting concerns about accountability even at the highest judicial levels. WLUK+3Wisconsin Examiner+3TMJ4 News+3
3. Justice Annette Ziegler: Conflicts of Interest
- Undisclosed Involvements: Early in her tenure, Justice Ziegler faced criticism for presiding over cases involving a bank where her husband was a director, without disclosing this conflict. This oversight raised questions about transparency and impartiality on the bench.
4. Justice Louis Butler: The “Loophole Louie” Moniker
- Controversial Rulings: Justice Butler earned the nickname “Loophole Louie” for decisions perceived as favoring defendants by exploiting legal technicalities. Critics argued that such interpretations compromised public safety and justice.
5. Justice Daniel Kelly: Partisan Allegations
- Political Entanglements: Appointed by Governor Scott Walker, Justice Kelly faced accusations of partisanship due to his prior involvement with Republican causes and writings that reflected strong conservative viewpoints, leading to debates about the court’s independence.
6. Judge Ellen Berz: Overstepping Judicial Boundaries
- Attempted Arrest of a Defendant: In December 2021, Judge Berz left her courtroom to arrest a hospitalized defendant scheduled for trial, an action deemed inappropriate and leading to a misconduct complaint by the Wisconsin Judicial Commission. Wisconsin Legislative Documents+4AP News+4Home+4
Reflections on Judicial Integrity
These instances paint a troubling picture of Wisconsin’s judicial landscape, where personal biases, ethical lapses, and unprofessional conduct have, at times, overshadowed the commitment to impartial justice. Such patterns not only erode public trust but also underscore the need for rigorous accountability mechanisms within the judiciary.