Litigation

In Surprise, WI High Court Rescinds Recusal Vote

By Charlie Hall

In an unexpected action, the Wisconsin Supreme Court has voted to rescind a new rule that greatly limits situations when a judge might recuse from cases involving campaign supporters.

The rule was withdrawn earlier today when justices were unable to merge two separate petitions seeking to change the old policy,  according to an article by Alex De Grand, legal writer for the Wisconsin Bar. But the article said that Justice David Prosser, who withdrew a vote needed for final passage,   “still supported the essence of the two petitions,” and was not envisioning a major shift in direction.

The court’s recusal policy, passed in a 4-3 vote on Oct. 28, declared that a judge should “never” recuse solely on the basis that a litigant had financially supported his or her election. It was based on separate petitions submitted by Wisconsin Manufacturers & Commerce and the  Wisconsin Realtors Association.

Recusal–the decision by a judge to exit a case to avoid potential ethical conflict–has been at the center of a national legal debate, especially since June, when the U.S. Supreme Court ruled that large campaign expenditures could create an uncceptable potential for bias. Several newspaper editorials and civic groups have criticized the Wisconsin court’s October vote, saying it failed to honor the spirit of the U.S. court’s ruling in Caperton v. Massey. 

Justice at Stake submitted written testimony to the Wisconsin court. For more on the Wisconsin recusal debate, see this earlier Gavel Grab article. To learn more about recusal reform, see this Justice at Stake resource page.

Full post as published by The Gavel on December 07, 2009 (boomark / email).