Litigation

Split WI Court: Gableman Can Stay on Case

By Peter Hardin

Because his six fellow justices disagreed on their power to disqualify Wisconsin Supreme Court Justice Michael Gableman from hearing a criminal appeal, he will continue to participate in the case, according to an article in the Milwaukee Journal Sentinel.

A criminal defendant had asked Justice Gableman to step aside from hearing the case, on the grounds that the jurist made comments–including a campaign pledge in 2008–that reflected a bias against defendants. After Justice Gableman declined to recuse himself, the defendant made the request of the entire state Supreme Court.

The six justices disagreed, 3-3, on whether they had the power to remove a fellow justice from a case. Five written opinions showed the extent of their division and a degree of rancor, and suggested they may divide as starkly over judging an ethics complaint that Justice Gableman is battling, the newspaper said.

Justice Gableman is in part facing the fallout from a heated election contest in 2008 that placed him on the high court. He has declared that he is committed to impartiality. You can read more about the election, and the allegations involving Justice Gableman, from Gavel Grab.

Full post as published by The Gavel on February 12, 2010 (boomark / email).