Aug 14, 2012
Not enough justices left to decide issue
The court would need four members to decide whether to sustain the complaint that Prosser engaged in three counts of misconduct during the June 13, 2011, incident in the court’s chambers, and determine any discipline to apply if it did find violations occurred.
Counting Prosser and the recusals of three other conservatives, that leaves only three justices of the seven-member court to hear the complaint.
Milwaukee lawyer Franklyn Gimbel, the special prosecutor in the case, contends Chief Justice Shirley Abrahamson has authority to send the case to be heard by a special panel of three appeals court judges.
Normally, such a panel hears judicial ethics cases to determine the facts and makes recommendations on any discipline to the Supreme Court. The Supreme Court then makes the final ruling and issues any punishment.
To read more about how the judiciary in Wisconsin joined forces to protect one of their own, please click here