Litigation

?I am Not Biased,? Justice Gableman Says

By Peter Hardin

Wisconsin Supreme Court Justice Michael Gableman, target of accusations that he is biased against criminal defendants, says that his views have been misrepresented, and he is committed to impartiality.

Justice Gableman has  been asked to step aside in nine criminal cases because of statements he made about crime issues during his 2008 campaign. In a Jan. 15 document, he wrote in response to one such motion that he is not biased, according to an article in the Capital Times.

“This motion, among other things, misrepresents my views regarding the important work of criminal defense attorneys and the role of judges,” Justice Gableman wrote in elaborating upon his earlier denial of a motion to recuse himself from the criminal case. He sought to explain his conduct during his campaign for the high court:

“I was trying to communicate?imperfectly and in shorthand, a necessity in judicial campaigns?that my opponent?s background and track record on the court revealed that he was far too willing to expand protections for criminal defendants when, in my view, neither the law nor common sense dictated such results.”

Justice Gableman went on to say the motion’s allegations that he was biased against criminal defendants and/or defense attorneys  “are simply wrong and a gross distortion of my campaign, my public statements, and my actions as a judge and justice.”

Justice Gableman was elected  after a hard-fought election  with incumbent Justice Louis Butler Jr. You can read more about the recusal issue involving Justice Gableman by clicking here for Gavel Grab, and you can read about problems caused by negative campaigning in judicial elections on Justice at Stake’s issues page.

Full post as published by The Gavel on January 20, 2010 (boomark / email).