Saturday, February 14, 2015

Recusal? WI Supreme Court adopted donor-written recusal code

 A sealed document titled "Motion for Recusal and Notice of Ethical Concerns" was filed last week with the Wisconsin Supreme Court that asks at least one justice to step aside before the court decides if the John Doe II investigation can continue into potentially-illegal coordination between Scott Walker's campaign committee and some outside funders,

So while we do not know which justice or justices are being asked to decide if they have potentially-crippling conflicts of interest, but we do know that the court has adopted a code governing recusals over ethical concerns that was written at the court's invitation by major corporate-sector donors who have supported Scott Walker's campaign committee and those of some justices' campaigns, too.

So it is conceivable that one or more justices will continue to participate in a case involving Walker donors who were also the justices' donors, too, and will continue on the case because they will rule that a recusal code written by the donors says they can.

Reminiscent of Al Pacino in "And Justice For All."

"You're outta order. You're outta order. This whole trial is outta order."


Gary said...

When I was in the legislature, Rep. Greg Huber, now a judge in Wausau, introduced a bill that would have provided for a system of substitution when a Supreme Court justice was recused. A court of appeals judge would have been chosen at random from the districts other than the district from which the appeal arose. It was a very well thought out bill, but the main opposition came from the SC. This is one issue that did not divide the court. If the bill had passed, then it would have eliminated the kind of graymail that justifies not recusing so that the case can be heard. This is a key to reforming our SC.

Jonathan Swift said...

Let's call it what it is. The WMC bought the majority of the judges and really ought to get naming rights. Let's call the WMC court.