Friday, March 16, 2012

Couldn't have happened to a nicer chauvinist pig

From VOICES newpaper's "You Can't Make This Crap Up" department, Wisconsin's "chokehold" justice, David Prosser, hasn't escaped the wrestling ring yet.  The Wisconsin Judicial Commission filed formal ethics allegations against him today related to  claims by Wisconsin Supreme Court Justice Ann Walsh Bradley that fellow Justice David Prosser choked her in front of all but one of the other sitting Judges. 

There is no word as to whether or not Prosser would have been less-likely to face violation charges had he merely used Baron Von Rasche's patented "Claw" hold, which he is purported to have learned directly from that retired AWA star, on Justice Ann Walsh Bradley.  Mr. Rasche was not available for comment.

Tensions on the court reportedly run extremely high  The court is split 3 (considered "left")/ 4 (considered "right").  Issues over recusals have not helped - David Prosser "won" a highly unusual elec

Also included in the complaint is the incident where Prosser called Chief Justice Shirley Abrahamson "a total bitch" and proclaimed that doing so was "totally warranted".

 Today's filing  accuses Prosser of three violations of Wisconsin Code of Judicial Conduct along with judicial misconduct.  Last November, the commission notified Prosser of the substance of the allegations in the complaint and Prosser responded with a written statement on December 8, 2012 and then responded directly to the commission in person on December 16, 2011.

The complaint states that the Commission has found probable cause to believe that Prosser willfully violated the
  • SCR 60.04(1)(d).  A judge shall be patient, dignified and courteous to litigants, jurors, witnesses, lawyers and others with whom the judge deals in an official capacity and shall require similar conduct of lawyers, staff, court officials and others subject to the judge's direction and control.  During trials and hearings, a judge shall act so that the judge's attitude, manner or tone toward counsel or witnesses does not prevent the proper presentation of the cause or the ascertainment of the truth.  A judge may properly intervene if the judge considers it necessary to clarify a point or expedite the proceedings. 
  • SCR 60.04(1)(o).  A judge shall cooperate with other judges as members of a common judicial system to promote the satisfactory administration of justice.
  • SRC 60.02. An independent and honorable judiciary is indispensable to justice in our society.  A judge should participate in establishing, maintaining and enforcing high standards of conduct and shall personally observe those standards so that the integrity and independence of the judiciary will be preserved.  This chapter applies to every aspect of judicial behavior except purely legal decisions. Legal decisions made in the course of judicial duty on the record are subject solely to judicial review.
Since it has been deemed that "probable cause" exists to show that Prosser willfully violated the above Codes of Conduct, the complaint states that Prosser also engaged in judicial misconduct, Wisconsin § 757.81(4)(a) which refers to a "Willful violation of a rule of the code of judicial ethics."

More details about the charges and incidents are HERE in the 4-page complaint which was filed with the Clerk of the (WI) Supreme Court today.

Not unexpectedly, some male republicans think it is unfair that charges were issued against Prosser and not Bradley.  Evidently, they believe she willfully and agressively thrust her neck into Prosser's outstretched hands.

Rep. Robin Vos whined:  "It seems this organization is on a partisan mission as opposed to a fact-finding one," Rep. Robin Vos (R-Rochester).

Rep. John Nygren pouted (R-Marinette) that this was all about discrediting a member of the court's conservative majority.

    "I'm kind of shocked they're filing a complaint against Prosser but not Justice Bradley," he said.

The next step is for the court to either name 3 appeals judges or a jury, who will recommend possible action against Prosser and then the Supreme Court to determine final that recommendation,.  If wrongdoing is found, they can censure him, suspend him without pay, or remove him from office.

Or they could order a tag-team cagematch pitting Prosser and Gableman against Bradley and Abrahamson.  The 2 male justices, Prosser and Gableman, appear to have indicated they look forward to a match to determine whom where's the Championhip Belt at Wisconsin Supreme Court.

Neither of the female Justices could be reached for comment.

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