Posted on 11/06/2015 9:03:35 AM PST by afraidfortherepublic
Part 279 of 277 in the series Wisconsin's Secret War
MADISON, Wisconsin â As the Senate seems to be coming to terms on a âcompromiseâ that would retain at least a couple of retired judges on the state Government Accountability Board, one of the targets of the rogue agencyâs unconstitutional investigation is asking senators to think again.
On Thursday, Eric OâKeefe of the Wisconsin Club for Growth sent Wisconsin policymakers a detailed communication outlining âpotential misconductâ by GAB chairman Gerald Nichol.â OâKeefe cites several âtroubling statementsâ Nichol has made in recent weeks that have exposed the judgeâs partisanship serving on the ostensibly ânonpartisanâ board that oversees Wisconsinâs campaign finance, elections and ethics laws.
âRecent statements by Reserve Judge and GAB Chairman Gerald C. Nichol may have constituted judicial misconduct,â OâKeefe writes in the memo. âWisconsin state legislators should consider the impact such conduct has on public views of the Government Accountability Board.â
Legislators, OâKeefe writes, should be prepared to answer three questions from private citizens who have been or may be targeted by the GAB or successor agencies:
1.Do the actions of GAB Chair and Reserve Judge Nichol constitute misconduct?
2.Should the GAB continue to operate under the direction of officials who may have engaged in misconduct, and whose publicly stated views put them at odds with our courts?
3.Should the legislature replace GAB with an agency where such retired judges are once again entrusted with unchecked power?
Nichol could not be reached for comment Thursday. A GAB spokesman said he would reach out to the judge, and if Nichol wanted to return Wisconsin Watchdogâs request for comment he would.
Still at an impasse, Senate Republican leadership appeared to be leaning toward a compromise proposal that would retain at least two retired judges in a bill aimed at overhauling the accountability board.
One of the GOP lawmakers pushing for the compromise, Sen. Luther Olsen, R-Ripon, told Wispolitics.com he believes the two judges wouldnât be true partisans, no matter their political perspectives.
OâKeefe argues that the GAB judgesâ conduct has been driven by political motives, particularly in the agencyâs integral involvement in a secret John Doe investigation into dozens of conservative groups and the campaign of Gov. Scott Walker.
The state Supreme Court in July declared the probe unconstitutional and ordered it shut down.
Nichol in recent weeks has attacked the decision by the courtâs conservative majority, particularly the rulingâs author, Justice Michael Gableman.
Asked last month if he believes the court ruling ended the investigation, Nichol responded:
âI thought that was a very poorly written decision. Judge Gableman does not distinguish any of the prior cases, and he goes out and creates a whole new body of law. And not that Iâm surprised. But, you know, evidently some of them were asked to recuse themselves. They refused to do it, even though there was tons of money in past campaign finances â campaigns I should say. And, you know, most judges in the state who Iâve talked to are appalled by that decision. They think â think it â just was not credible and it was done with a specific purpose and, so, I was not surprised but not [sic] disappointed.â
What Nichol did not note was the GAB, months before the case got to the Supreme Court, tried to game the system in pushing for recusals of conservative judges who were believed to be the benefactors of issue advertisements from targets of the probe, like the Wisconsin Club for Growth.
In his memo, OâKeefe asserts Nicholâs statements about the court may be a violation of judicial ethics codes that prohibit âbehavior that degrades public confidence in the integrity and impartiality of the judiciary.â
âA judge should participate in establishing, maintaining and enforcing high standards of conduct and shall personally observe those standards so that the integrity and independence of the judiciary will be preserved,â the rules state.
OâKeefe calls into question Nicholâs comments that the Supreme Court decision was âpoorly written,â his assertion that judges around the state were âappalledâ by it and the speculation that the ruling âwas done with a specific purpose.â
OâKeefe also argues Nichol made false public statements regarding the Supreme Courtâs ruling, particularly that it âcreates a whole new body of law.â
In fact, the majority opinion applied well-established First Amendment principles in declaring the state campaign finance rule phrase âfor the purpose of influencing the election,â overly broad and vague, he asserts.
OâKeefe says Nichol may have violated judicial ethics rules regarding improper influence and indications of prejudice and bias â if the judge âallowed his extra-judicial activities and relationships at the GAB to influence his judgment and cast reasonable doubt on his capacity to act impartially as a judge.â
âJudge Nicholâs public remarks could be read to suggest that he has allowed his position and relationships at the GAB â an agency itself under scrutiny for improperly acting based on political motivations â to influence his judgment and create significant doubt as to his impartiality,â OâKeefe writes.
Nichol âattacked targets of the John Doe investigation, casting them as âthe other sideâ and criticizing them for seeking to maintain privacy in their personal affairs.â
OâKeefe said he has not filed an ethics complaint against Nichol, but said the information is available if any Wisconsin citizen was so inclined to do so.
âWisconsin citizens should have confidence that the agencies they fund are managed with impartiality and fairness. In the case of the GAB, citizens cannot be confident that the agencyâs leaders operate with impartiality,â OâKeefe said.
ONE MAY SMILE AND SMILE: GAB Chairman Gerald Nicholâs public statements raise serious questions about his conduct, according to a memo to legislators from a conservative target of the unconstitutional John Doe investigation.
RELATED: Senate preparing to vote on compromise GAB reform bill
Legislature (State Senate) on verge of making big mistake by including judges in GAB reform Bill.
FReep Mail me if you want on, or or off, this Wisconsin interest ping list.
So tell us all, just what the hell is wrong with your “republican senators?” Looks to me that they need the same kind of spinal replacement surgery that’s needed in the US Senate.
Luther Olsen is a dope, don’t follow his advice. Fix GAB the right way.
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