Uppity Wisconsin

Those who support Progressive causes are in an odd position these days: we’re often in the majority on issues that matter; and we’re seriously talking about how to turn what, just a few years ago, was a wish list...into a “reality list”.

Staying in the majority, however, requires the assistance of centrist voters--and that means, from time to time, finding philosophical compromise with voters we’d like to keep “in the fold”.

In years past, the issue of the death penalty has created a considerable chasm between Progressives and centrists; with the one side concerned about the misapplication of capital punishment, and the other convinced that, for the most heinous of crimes, the only way to achieve a truly just outcome is for the guilty party to face the most severe of punishments.

What if we could bridge that gap?

In today’s discussion we propose to do exactly that: to create a death penalty process that only executes those who are truly guilty and excludes those who might not deserve to be put to death...in fact, those who might not be guilty of any crime at all.

So a Supreme Court justice that hardly anyone noticed has announced his retirement and all of a sudden the lips of The Experts are all a-flutter with the word “Empathy”. President Obama reports he wants his nominee to have it; and Republicans are convinced that the word is a secret code for something that eventually ends in the death of free speech, massive roundups of guns by the Secret United Nations World Police, and the Internment Of All The White People In Reeducation Camps Run By Americorps And ACORN And Gay People Who Want To Marry And Are Funded By George Soros. It is suggested that Evil Activist Judges will trample the Constitution as they create Law out of whole cloth; and that only those who interpret the Constitution just as it was written can bring the proper attitude to the Court. It sounds like somebody needs to come along and provide a couple of cogent thoughts about this whole empathy thing...and lucky for you, Gentle Reader, we have before us today specific examples of how the quality of empathy can express itself in Court Doctrine.

The Wisconsin Manufacturers & Commerce spent heavily to get State Supreme Court Justice Annette Ziegler elected, then helped finance a major tax in which Ziegler wrote the Court's pro-WMC, 4-3 ruling.

The case blows a $265 million hole in the state budget: who do you think will make up the shortfall?

The Capital Times became the first daily newspaper to call for the resignation of Wisconsin Supreme Court justice Annette Ziegler.

We can expect more calls for Ziegler's resignation to follow in the coming months.

Ziegler, elected in the spring of 2007, was hit with denunciations for her conduct as a Washington County judge during her successful campaign that drew little attention from Wisconsin voters.

Ziegler, in violation of Wisconsin judicial conflict of interest rules, presided over dozens of cases in which her family had a financial interest, and failed to disclose to the litigants the conflicts in each case.

Now, Ziegler, awaiting discipline for her conduct on the bench as a county judge, is taking criticism for refusing to recuse herself, as a current Supreme Court justice, from a case that is a high priority of the corporate lobbying group, Wisconsin Manufacturers & Commerce, that spent over $2 million (surpassing the amount spent by Ziegler’s campaign) to elect Ziegler to her current judgeship.

Update: Kos reader says 540,425 signatures for recall during a given 60-day period.

 If ever there were a clear case for a citizen recall of a state-wide public official, Supreme Court Justice Annette Ziegler is she.

Today's Capital Times raises the possibility of a citizen recall should, as expected, the Wisconsin Supreme Court neither suspends nor expels the corrupt Ziegler.

Writes the Cap Times editorial:

The legal quagmire that is created by Ziegler's presence on the court is shameful. But Ziegler has no shame. Even as she admits to past wrongdoing, for which she faces an as-yet-undetermined punishment, the justice holds a seat she secured by deliberately deceiving the voters of Wisconsin.

Experience suggests that officials such as Ziegler are eventually tripped up by their own ethical missteps. If that does not happen, then a case can certainly be made for a citizen-initiated recall that would force Ziegler to face the voters in an election where her admissions of judicial wrongdoing would be known to the electorate.

Sounds good.

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Update III:  SCR 60.03  A judge shall avoid impropriety and the appearance of impropriety in all of the judge’s activities.
A.  SCR 60.03(1) states: "A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary."

That's cited from a decision (March 22, 2004) of the Judicial Conduct Advisory Committee (OPINION 03-1) deciding that "a judge (is) required, after a contested election, to recuse himself or herself from contested matters involving a former campaign manager," for "a reasonable period of time."

Surely, Ziegler's conflicts, her pattern of conflicts, are much more serious and cause much more damage in not avoiding the "impropriety and the appearance of impropriety," promoting the public confidence in the integrity and impartiality of the judiciary. 

Update II: Hearing ended.

 Former White House aide I. Lewis "Scooter" Libby was sentenced to 30 months, and ordered to pay $250,000 in fines.

U.S. District Judge Reggie Walton (nominated to the position by President George W. Bush in 2001) handed down the sentence minutes ago.

Libby, Vice President Cheney’s former chief of staff, was convicted of perjury and obstructing justice in March, blocking a DoJ investigation into the unauthorized leaking of a CIA covert agent’s identity.

The leaking of the agent’s name, Valerie Plame, was later found to be one component of a conspiracy involving top members of the Bush administration defending its publicly stated, discredited rationales for going to war against Iraq.

The leaking is seen by many as retaliation against a leading war critic, Joseph Wilson, Plame’s husband.