 |
|
 |
|
|
|
|
|
PROSSER FIGHTS AGAINST DISCIPLINE CASE
WPR News - Prosser fights against discipline case
|
|
Monday April 16, 2012
by Gilman Halsted
|
|
|---|
|
(MADISON) State Supreme Court Justice David Prosser has gone on the offensive in an effort to derail a judicial conduct complaint brought against him by the Wisconsin Judicial Commission.
Prosser has demanded that both Chief Justice Shirley Abrahamson and Justice Anne Walsh Bradley not participate deciding the issue because both were witness the altercation between Prosser and Justice Bradley during an argument last summer. Both Abrahamson and Bradley say it's too early for them to agree to recuse themselves. But Prosser's attorney Kevin Reak says the case against Prosser cannot even begin until a majority of the justices agree to order the appointment of a three judge appeals court panel to hear it. And Reak says neither Bradley nor Abrahamson should weigh in on that decision.
But UW law professor Walter Dickey disagrees, "That seems very dubious to me. It's closer to home when he says you can't participate in the substantive matter but it's certainly a bit more distant when all you're doing is appointing a panel which is ordinarily what you would do in such a situation."
In fact the relevant state statute says that once the judicial commission finds probable cause of a judicial conduct violation the matter shall be heard by a three judge panel. Dickey says other states have dealt with this problem before and it's time for Wisconsin to adopt a procedure that works.
|
| You can also listen to this story or download it now! |
 |
 |
(1:12) |
|
|
|
