Wisconsin Supreme Court Justice David Prosser is currently the target of a ethics probe into an incident where he allegedly grabbed a fellow justice by the neck during an argument in her chambers. Yet, despite the seriousness of these allegations, Prosser and his conservative allies on the court have bent over backwards to prevent this probe from moving forward. Prosser convinced his three fellow conservatives on the court to recuse themselves from the probe, a move that effectively prevents any meaningful action against Prosser. And they removed an ethics official last May who supported the probe into Prosser.

This official’s replacement has now been announced, and he appears hand chosen to ensure that Prosser does not have to worry about any inconvenient probes into his ethical fitness for the job:

State Supreme Court Justice David Prosser and three other justices have appointed a retired attorney to the Wisconsin Judicial Commission who has said the ethics case against Prosser is unfair.

The court voted 4-3 to appoint Frank J. Daily to the commission last month, at a time when the case against Prosser faces major hurdles.

In a May letter to the editor printed in the Journal Sentinel, Daily said the proceeding against Prosser was “unfairly directed” at him and suggested it should be ended. His letter also took issue with Chief Justice Shirley Abrahamson, who has often clashed with Prosser; Daily called the chief justice “vindictive” and said she was responsible for the decline of the court’s reputation.

Wisconsin’s conservative justices have a history of protecting their own against ethics complaints. A complaint against conservative Justice Michael Gabelman for running a misleading campaign ad was shut down after the court split on party lines in Gabelman’s favor.

Conservative Wisconsin Supreme Court Justice David Prosser currently faces ethics charges for allegedly grabbing fellow Justice Ann Walsh Bradley by the neck during an argument in Bradley’s chambers. In response to these allegations, Prosser tried to convince a majority of his colleagues to recuse themselves from his case — a move that would effectively kill the complaint against him because it would deprive the state supreme court of the quorum it needs to hold Prosser accountable if it determines that the allegations against him have merit.

All three of Prosser’s fellow conservatives have now signed onto this plan:

Wisconsin Supreme Court Justice Michael Gableman becomes the third member of the state’s high court to recuse himself from hearing the complaint against fellow Justice David Prosser.

Gableman made the expected announcement yesterday. Justices Annette Ziegler and Pat Roggensack had already said they wouldn’t take part in consideration of the complaint by the Wisconsin Judicial Commission.

Prosser argued that his fellow justices could not sit on his case because most of them witnessed the alleged choking incident. Yet, while it is usually true that a judge should not sit on a case where they are also a witness, that normal rule should not have applied here. Courts normally apply a “rule of necessity” to these sorts of cases which establishes that “a judge is not disqualified to [hear] a case because of a personal interest in the matter at issue if ‘the case cannot be heard otherwise.’”

Gableman, who provided the final vote immunizing Prosser, benefited in the past from a similar vote by his conservative colleagues. An ethics case against Gabelman for running a false ad against his predecessor was dropped his fellow conservatives voted to effectively kill it.

In recent years, three of the Wisconsin Supreme Court’s four conservatives were charged with ethics violations by the Wisconsin Judicial Commission — Justice Annette Ziegler for presiding over cases involving a bank where her husband was a director, Justice Michael Gableman for running a misleading campaign ad, and Justice David Prosser for allegedly grabbing a fellow justice by the neck. In the wake of these charges, all four of the court’s conservatives voted in a party-line vote not to reappoint the chair of this commission:

 

The Wisconsin Supreme Court’s conservative majority has decided not to reappoint the leader of a commission working to discipline Justice David Prosser.

Wisconsin Judicial Commission Chairman John Dawson’s term ends Aug. 1. Chief Justice Shirley Abrahamson, Justice Ann Walsh Bradley and Justice Patrick Crooks [Editor's Note: Abrahamson, Bradley and Crooks make up the dissenting bloc on the conservative Wisconsin Supreme Court] sent Dawson a letter Friday saying the court had decided it didn’t want him back.

The decision was made in a closed vote. The three justices didn’t reveal the tally, but it takes four votes to make a decision and all three of them said they supported Dawson. That means the four-justice conservative majority, which includes Prosser, did not.

Currently, the only pending ethics charge against a member of the state’s highest court is the charge against Prosser. Ziegler received a public reprimand for her ethical lapse and the charges against Gableman were eventually dropped after the remaining justices split 3-3 along party lines on whether Gableman committed misconduct.

The case against Prosser may get shut down before it even begins, however, thanks to a quirk in Wisconsin state law. Normally, when the judicial commission brings an ethics charge of this kind, a three judge panel is appointed to determine whether that charge has merits. As a technical matter, however, that panel must be approved by the state supreme court itself. Prosser is now trying to prevent such approval from even being given by asking his colleagues to recuse themselves from the case — something one of his fellow conservatives has already agreed to do. If two or more of his remaining colleagues follow along, that will mean that the court lacks a quorum to approve a panel, and the case against Prosser will be blocked by this technicality.

Wisconsin Supreme Court Justice David Prosser allegedly grabbed fellow Justice Ann Walsh Bradley around the neck during argument in her chambers last June. Even Gov. Scott Walker (R-WI) called the allegations against Prosser a “serious matter of grave concern,” and the Wisconsin Judicial Commission sought an investigation into whether Prosser’s actions violated his ethical obligations as a judge.

Prosser, however, has a very different take on the situation, suggesting that his alleged assault on a fellow justice is nothing more than a breach of “etiquette”:

Prosser, the subject of an ethics complaint filed in March with the Supreme Court, said in his response to the complaint Monday that the commission “may not investigate or prosecute protected speech, advocacy and etiquette of Wisconsin Supreme Court justices when they are deliberating in confidential closed conferences.”

The three alleged ethics violations stem from a June 13 incident in which Prosser acknowledges putting his hands around the neck of Justice Ann Walsh Bradley “to protect himself” and a February 2010 incident in which he admits calling Chief Justice Shirley Abrahamson “a total bitch.”

For the record, a violation of “etiquette” occurs when someone uses the dessert spoon to eat the soup course. Placing your hands around a colleague’s neck is quite a bit more serious.

Last Friday, the Wisconsin Judicial Commission filed an ethics complaint against conservative Wisconsin Supreme Court Justice David Prosser. Prosser allegedly grabbed fellow Justice Ann Walsh Bradley around the neck during an argument in her chambers and the commission urged the high court to have a panel of three appeals court judges consider whether his actions violated three ethics rules.

Under that proposal, the Wisconsin Supreme Court would review the panel’s findings and decide on Prosser’s fate. But yesterday, the embattled judge — who has explained the alleged assault as a “total reflex” reaction after Bradley “charged” him — suggested his own audacious proposal.

Prosser said all six of his supreme court colleagues should recuse themselves from the case, which would have the apparent effect of killing the proceedings.

“You have six justices who were present at the scene,” Prosser explained, “You have justices with actual bias who are eyewitnesses and, in effect, parties.” A former Republican Wisconsin house speaker, he also blasted the judicial commission for being “partisan.”

By Prosser’s logic, justices would be able to escape punishment by their colleagues for any indiscretion — as long as they committed it in the presence of the rest of the court.

Last year, conservative Wisconsin Supreme Court Justice David Prosser allegedly grabbed fellow Justice Ann Walsh Bradley around the neck during an argument in her chambers. Although a state prosecutor eventually decided not to file criminal charges against Prosser, the state’s judicial conduct body filed a formal complaint against Prosser on Friday:

The commission asked the high court to send the case to a panel of three appeals court judges to consider whether Prosser violated three ethics rules. The panel’s findings would then be sent to the high court, the only body that could make a binding ruling against Prosser.

The confrontation between Prosser and Bradley occurred in front of all but one of the other justices, who will have to decide whether to weigh in on the case or step aside. Stepping aside would effectively end the case.

This marks the fourth time in only a few years that a member of the Wisconsin Supreme Court’s conservative bloc faced a serious ethics complaint. Justice Annette Ziegler’s fellow justices reprimanded her in 2008 for ruling on cases as a lower court judge regarding a bank where her husband was a director. An ethics case against Justice Michael Gabelman for running a false ad against his predecessor was dropped only after the remaining justices split 3-3 along party lines — and Gabelman now faces a second complaint for refusing to recuse himself from cases argued by a firm that reportedly provided him with tens of thousands of dollars in free legal services.

Wisconsin Gov. Scott Walker (R) is raking in millions of dollars to fund his campaign against a recall effort to remove him from office. Out-of-state donors have poured money into his campaign coffers, making up more than 60 percent of the $4.5 million Walker raised in five weeks. And that includes the $1 million he received from four out-of-state donors alone, who donated $250,000 each — all thanks to a loophole in state law:

Normally, a governor or candidate for governor can accept a maximum of $10,000 from an individual during a four-year campaign cycle. But a quirk in state law lifts all limits for recall targets while petitions are circulated and election officials determine how many signatures have been submitted.

Walker’s most recent campaign finance report covers December 11 to January 17, the day Walker’s opponents filed petitions with more than 1 million signatures to recall him from office — when only 540,000 were needed. It could take up to 60 days for the Government Accountability Board, which runs state elections, to review the signatures.

Walker’s campaign spokeswoman Ciara Matthews contended that he only is trying to counter the money national out-of-state unions will spend on the recall effort, but there is little evidence that unions are even capable of competing with the kind of deep pocketed groups and wealthy individuals that support Walker. Last year, corporate interest groups sprang to the rescue of a Walker ally on the state supreme court, Justice David Prosser, after polls began to show Prosser’s reelection bid in trouble. This influx of corporate money rapidly overwhelmed the much smaller donations made by groups supporting Prosser’s opponent, and he managed to squeak out a narrow victory.

So far, Walker has an enormous fundraising lead over potential opponents. In the same time period where Walker raised millions, the state Democratic party raised more than $394,000, with $40,000 being the largest donation to the party. United Wisconsin, the group spearheading the recall effort along with the Democratic party, raised $86,379. And former Dane County Executive Kathleen Falk, who has announced she is running against Walker, had $27,000 in her campaign account as of June 30.

While it’s not clear if Walker’s opponents will match his millions in campaign donations, it is perfectly clear that Walker is benefiting from an unfair loophole in state law allowing just a handful of wealthy individuals to drown out the more than a million Wisconsin residents who want to see him recalled.

After the Supreme Court’s Citizens United decision opened the floodgates to unlimited corporate money in American elections, the decision’s defenders claimed this wasn’t such a big deal because unions could also take advantage of the decision. A new report by three leading voting rights and judicial independence groups gives the lie to this claim. According to the report, just three corporate interest groups — The Ohio Chamber of Commerce, the Business Council of Alabama, and the Illinois Civil Justice League spent more than 13 times as much trying to influence state supreme court elections as the entire labor movement:

The report focuses on the 2009-10 cycle, so it does not include the recent Wisconsin Supreme Court race where incumbent Justice David Prosser narrowly defeated a progressive challenger after corporate front groups rode to his rescue with hundreds of thousands of dollars worth of funds.