Dismissal of Ethics Complaints Against Wisconsin Supreme Court Justice Janet Protasiewicz Met with Controversy

MADISON, Wis. —

The Wisconsin Judicial Commission, a disciplinary panel overseeing the state’s judiciary, has formally dismissed multiple allegations against Supreme Court Justice Janet Protasiewicz. The allegations claimed that she breached the judicial code of ethics with her campaign comments. This decision comes as a significant defeat for Republican lawmakers who have contended that such comments could potentially merit impeachment proceedings.

On Tuesday, Justice Protasiewicz publicized a letter from the Commission stating that the grievances against her have been dismissed without any ensuing action. This information was made public as Protasiewicz had received authorization from the Commission to disclose its letter dated May 31, which she subsequently shared with The Big Big News.

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Justice Protasiewicz’s election in April transitioned the ideological control of the Wisconsin Supreme Court from a conservative to a liberal majority for the first time in 15 years. Throughout her campaign, heavily endorsed by Democrats, Protasiewicz criticized the electoral maps created by Republicans and voiced her support for abortion rights.

In the ensuing weeks, Republican legislators have been openly considering the option of impeaching Justice Protasiewicz, particularly for her statements which labeled the Republican-devised legislative maps as “unfair” and “rigged.” Protasiewicz, however, has never explicitly committed to any particular ruling on either redistricting or abortion cases.

After assuming office in August, two lawsuits aimed at invalidating the Republican-authored legislative electoral maps were filed by organizations aligned with Democratic interests. The state Supreme Court has yet to make a decision on whether to hear these cases, and Protasiewicz has refrained from responding to a request from the Republican-dominated Legislature seeking her recusal.

Protasiewicz recently forwarded the Commission’s decision to legal representatives involved in the redistricting cases, setting a deadline of September 18 for them to comment on how the Commission’s decision could impact the calls for her recusal.

Additionally, a separate lawsuit filed in a county court aiming to repeal Wisconsin’s 1849 abortion ban is currently pending. This case is expected to eventually escalate to the Wisconsin Supreme Court.

Earlier this year, the Wisconsin Republican Party publicized a complaint lodged against Protasiewicz by Randall Cook, a Republican advocate. Cook’s complaint alleged that Protasiewicz had prematurely disclosed how she would rule on issues of abortion and redistricting, thus violating the state’s judicial code.

In the Commission’s letter, Executive Director Jeremiah Van Hecke indicated that multiple complaints had been reviewed and dismissed. While no specific rationale was provided for the dismissal, the Commission cited its thorough review of Protasiewicz’s comments, the judicial code of ethics, and relevant case law from both the state and U.S. Supreme Courts.

Republican members of the state Senate judiciary committee recently questioned the ethics commissioners regarding the criteria for judicial recusal, especially in cases where a judge has labelled a case as “rigged,” which appears to be a direct reference to Protasiewicz’s campaign statements.

Assembly Speaker Robin Vos and other Republicans contend that Justice Protasiewicz should recuse herself from pending redistricting cases because of her campaign comments and campaign funding from the Wisconsin Democratic Party.

In the political context, the legislative maps enacted by the Republican-led Legislature in 2011 have secured Republican majorities, currently at 65-34 in the Assembly and a 22-11 supermajority in the Senate. An impeachment would require 50 votes in the Assembly and a conviction would require 22 votes in the Senate, the exact number of seats currently held by Republicans.

If impeached by the Assembly, Protasiewicz would be prohibited from executing any judicial duties until the Senate takes further action. Such a move could effectively incapacitate her from ruling on redistricting issues without leading to her formal removal from the bench, leaving a vacancy that would be filled by Democratic Governor Tony Evers.

This article has been updated to correct an error regarding Brian Schimming’s title as the Wisconsin Republican Party chairperson.

Contributions to this report were made by Big Big News writer Todd Richmond.

Frequently Asked Questions (FAQs) about Wisconsin Judicial Commission

More about Wisconsin Judicial Commission

• Wisconsin Judicial Commission: Overview and Functions
• Wisconsin Supreme Court: Justices and Recent Decisions
• Wisconsin State Legislature: Redistricting History
• Judicial Code of Ethics in Wisconsin
• Wisconsin’s 1849 Abortion Ban: Background and Legal Challenges
• Political Impeachment in Wisconsin: A Historical Perspective
• Campaign Financing in Wisconsin Judicial Elections
• Recusal Rules for Judges and Justices in Wisconsin