Prosser Gets Off Case, Avoiding Ethical Entanglement

State Supreme Court Justice David Prosser removes himself - - finally - - from hearing a case argued by an attorney his campaign paid to work on his recount.

For months, Prosser stayed on the case after hiring an attorney heavily involved in it to lead recount efforts for his campaign after he won re-election April 5 by less than 0.5%.

Prosser insisted he could remain impartial, but experts in legal ethics said it was clear Prosser was required to recuse himself. Prosser sent a letter to the parties in the case this month asking for their views on what he should do, and the Wisconsin Education Association Council responded by asking him to step aside.

Prosser agreed to do so Thursday. Oral arguments will be heard Tuesday.

It took public and media pressure to help him make up his mind - - so give him credit for making the right decision, but downgrade him for doing so at the last moment and after some preliminary participation.