Posted on 05/02/2012 7:36:23 AM PDT by Sopater
MADISON, Wis. — The state Supreme Court justice who broke up a struggle between colleagues David Prosser and Ann Walsh Bradley agreed Tuesday to recuse herself from Prosser's discipline case.
Justice Pat Roggensack released a 14-page memo Tuesday explaining her decision, saying she is a material witness and must recuse herself according to state law.
"When material facts are in dispute, a judge cannot testify to establish his version of the facts and then use his version of the facts to decide the controversy," Roggensack wrote. "Such a process would be fundamentally unfair, to the parties and to the public interest."
Prosser and Roggensack are part of a four-justice conservative majority that for years has been openly feuding with the liberal-leaning Bradley and her close ally, Chief Justice Shirley Abrahamson.
Tensions exploded between the two sides last June when the conservatives pressed Bradley and Abrahamson to quickly release an opinion upholding Republican Gov. Scott Walker's contentious collective bargaining law, which stripped most public workers of their union rights. The conservatives found Bradley and Abrahamson together in Bradley's chambers and an argument broke out.
At one point, Prosser, 69, allegedly wrapped his hands around Bradley's neck and Roggensack had to separate them. Prosser has said Bradley, 61, charged at him and he defended himself.
A special prosecutor declined to file charges against either of them, saying accounts of the altercation varied. The Wisconsin Judicial Commission, though, has charged Prosser with violating the state judicial ethics code. State law calls for a panel of three appellate judges to make a discipline recommendation to the Supreme Court.
Seven justices serve on the court. Since Prosser wouldn't decide on his own discipline, the other six would rule on his case. If three or more justices recuse themselves, the case would likely end.
Prosser has been working toward that outcome for weeks, asking Roggensack, Bradley, Abrahamson and swing vote Pat Crooks to step out of the matter.
He argued Roggensack, Bradley and Abrahamson were witnesses and accused Bradley and Abrahamson of being biased against him. Crooks wasn't present for the argument, but Prosser contends he's biased, too.
Bradley, Abrahamson and Crooks have yet to make a decision on recusal.
What’s the phrase: Will your believe me, or believe your own eyes ?
For those not familiar with this incident, Justice Prosser's description of the incident is "She attacked me and I put up my hand to stop her".
Yup, to the point of “she was behind her desk, I was in the doorway, and she left her desk and charged me. I was still in the doorway when I put up my hand to stop her and protect myself.”
Wisconsin Roggansack recuses herself from Prosser case
FReep Mail me if you want on, or off, this Wisconsin interest ping list.
They failed to defeat Prosser (conservative Wisconsin Supreme Court justice) at the polls. They failed to defeat him in a recount. They failed to get him kicked off the court. Now they are brinnging charges when an ethics board has already said that there is no reasonn to bring charges. This is just another do-over for the Dems.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.