OPINION:
Wisconsin lawmakers are considering a potential vote on impeaching the newest member of the state Supreme Court. While campaigning earlier this year, Justice Janet Protasiewicz stated that the maps determining the congressional and legislative boundaries in Wisconsin are “rigged” and “unfair.”
Liberal groups filed a legal challenge to the congressional and legislative maps the day after the newest justice took office in August. It is clear that she must recuse herself from the case.
The Code of Judicial Conduct in Wisconsin states that judges must recuse themselves if the judge “has a personal bias or prejudice concerning a party or a party’s lawyer or personal knowledge of disputed evidentiary facts concerning the proceeding.”
Imagine a defendant appearing before a judge who said his contract was rigged and unfair. A normal person would see that as having a personal bias or prejudice against the defendant. This is why Justice Protasiewicz must recuse herself from this case.
If the newest justice does not recuse herself from the redistricting case, she could be in violation of the state’s Code of Judicial Conduct. One of the two reasons that members of the State Assembly may impeach an elected official is for “corrupt conduct in office.” Violating the Code of Judicial Conduct fits that definition.
In the campaign, Justice Protasiewicz said that she would recuse herself from hearing lawsuits brought by or against the Democratic Party of Wisconsin because of the millions of dollars the state party funneled into her war chest. In March, she told reporters, “I don’t know that the public could really say, ‘she’s fair’ when she’s received two and a half million dollars from a particular entity.”
Who would benefit most from the court throwing out the current congressional and legislative maps and drawing new ones that strongly favor Democratic candidates? The Democratic Party of Wisconsin. Apparently, Justice Protasiewicz isn’t listening to candidate Protasiewicz.
Failure to recuse on other issues falls into more debatable areas. I certainly will not like her likely radical and activist rulings on other cases before the court. My only recourse in those cases is to back a different candidate when she stands for reelection in a decade.
Radicals on the left are already worked up, saying that the actions being considered will overturn the will of the people. Wisconsin Secretary of State Sarah Godlewski actually said, “It’s a potential reality that would put Wisconsin’s democracy in jeopardy.”
Of course, the irony is that many of the people running around with their hair on fire were leading the charge years ago for recalls against me, the lieutenant governor, and GOP members of the state Senate. Apparently, the “will of the people” and “democracy” weren’t so important to liberals when they didn’t like the officials elected by the people. They wanted to replace Republicans with Democrats.
One of the reasons I believe that we won the recall election with more votes than we did in the original election for governor was because people in Wisconsin could see there was no basis for it beyond Democrats disagreeing with our bold actions and policies. It is why I have been consistent and oppose recall efforts against liberals and conservatives.
Impeachment is different in Wisconsin. The reasons that the members of the State Assembly may vote to impeach an elected official are for “corrupt conduct in office or for the commission of a crime or misdemeanor.” The newest justice has done neither as I write this column.
If Justice Protasiewicz refuses to recuse from the redistricting case and a majority of the members of the State Assembly voted to impeach her, it would go to the state Senate. If two-thirds of the members of that body voted to convict, the governor, Democrat Tony Evers, could appoint a new justice.
Until the state Senate acts, the Wisconsin Supreme Court would be evenly divided between three liberals and three conservatives. That is much different than a recall election that could lead to a member of the opposite party taking office.
There are many other issues on which I might disagree with the vote of the newest justice, but that certainly does not warrant a vote for impeachment. I am uncomfortable with the moves across the country to use the justice system to undermine or even punish political opponents.
It is the potential violation of the Code of Judicial Conduct that is the issue. If Justice Protasiewicz does not join in a case where she has a bias or prejudice concerning a party or a party’s lawyer, the members of the State Assembly should not vote to impeach. If she does, they are obligated to do so.
• Scott Walker is the president of Young America’s Foundation and was the 45th governor of Wisconsin.
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