Monday, March 28, 2011

Judicial Elections - Non-Partisan in Wisconsin?

Like the country as a whole, Wisconsin is a house divided by partisan politics.  It seems that Republicans and Democrats can't find any common ground on anything short of a joint resolution honoring Mother's Day (and if President Obama came out in favor of such a resolution, Newt Gingrich might oppose it even though he originally proposed it in the first place).  However, this post is not intended - exactly - to wade into that swamp. 

Wisconsin is one of those states that allows voters to select judges who run for office, and if elected, run for reelection at the end of their terms.  However, judicial elections in Wisconsin are expected to be different than most other elections held here in that judicial elections are to be non-partisan elections.  Perhaps it was because it was felt the concept of justice - the job of a judge - should be administered equally and impartially without regard to politics.  Perhaps it was felt such elections should be non-partisan because there was not a Republican way of being a judge as opposed to the Democrat way.  How naive.

In fact, the Code of Judicial Ethics in Wisconsin (See; SCR 60.06(2)) provides:

"Wisconsin adheres to the concept of a nonpartisan judiciary.  A candidate for judicial office shall not appeal to partisanship and shall avoid partisan activity in the spirit of a non-partisan judiciary.  No judge . . . may do any of the following: . . . participate in the affairs . . . promotions . . . endorsements . . . or activites of a political party . . . "

In other words, as I interpret it, while there may be "gray areas," at least political parties do not nominate a candidate for judicial office of that party and candidates for judicial office are not to identify themselves as Republican, or Democrat, or with any other party affiliation when they run.  While judges and candidates for judge in Wisconsin in recent years have certainly walked as close to the "non-partisan" line as they can by identifying themself as the "conservative" candidate (wink, wink) or referring to the person who may have a record of involvement in Democrat politics as a "liberal" or "left wing radical" or "activist," until now, candidates have at least attempted to literally - if not figurately - stay on the right side of the line between being a non-partisan candidate and openly partisan politics.

Until Justice Prosser.  Prosser is a sitting Wisconsin Supreme Court Justice who was a former Republican legislator for more than a decade.  On Copeland Avenue in the City of La Crosse sits La Crosse County Republican Headquarters.  As is ordinary, and expected, the headquarters is plastered with signs for various Republican candidates for public office.  As is neither ordinary, nor expected, and to my knowledge unprecedented, is the fact Republican headquarters is also plastered with at least 4 yard signs seeking to re-elect Justice Prosser.




To the ordinary observer, and to me, that looks like an endorsement of Justice Prosser by the Republican party.  Is it a violation of the Code of Judicial Ethics?  I don't know.  But it appears to cross a new line.

UPDATE - There are actually two updates.  As of Monday, April 4th, all the Prosser yard signs were gone from the yard and windows of La Crosse County Republican Headquarters.  When this update was being written (7:26 am on April 6th, the morning after the election) the election was still rated "too close to call" with Prosser leading Kloppenburg by approximately 500 votes statewide with 99% of the precincts having reported their vote totals).

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