Report: 29 Wis. Judges Signed Recall Petitions Against Gov. Scott Walker — Was That Wrong?
- Posted on March 21, 2012 at 1:40pm by
Madeleine Morgenstern
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Wis. Governor Scott Walker (AP)
Twenty-nine Wisconsin judges are among the hundreds of thousands of people who signed petitions in favor of recalling Gov. Scott Walker from office, a newspaper analysis found.
The total represents about 12 percent of the state’s approximately 250 county-level judges, according to the Gannett Wisconsin Media review. The judges who signed were from counties in all areas of the state, though Milwaukee County had the largest share with nearly one-fourth of its county judges adding their names.
None of the state’s 16 appeals court judges or seven Supreme Court justices signed the petitions.
The state’s Code of Judicial Conduct bars judges from participating “in the affairs, caucuses, promotions, platforms, endorsements, conventions, or activities of a political party or of a candidate for partisan office“ and instructs them to avoid ”the appearance of impropriety in all of the judge’s activities.”
But James Alexander, executive director of the Wisconsin Judicial Commission, told Gannett judges aren’t explicitly prohibited from signing recall petitions.
Judges who signed defended their actions to the newspaper, saying the recall petitions only support holding an election, and do not in themselves support any political party or candidate.
“I concluded that by signing a recall petition I wasn’t advocating for a particular party, I was advocating for the recall process, which I thought was completely separate and apart,” Brown County Judge Mark Warpinski said.
That explanation didn’t satisfy the Landmark Legal Foundation, a conservative legal advocacy organization, which sent a letter to Alexander on Tuesday requesting a probe of each of the 29 judges who signed into whether any of them are currently presiding over any case involving Walker or his administration.
“Signing a recall petition is both ‘participation’ and ‘public’ in political activity implying at a minimum the endorsement of those seeking to remove a candidate for a partisan office,” the letter said. “The endorsement of sitting elected official’s removal by recall election is no different than the endorsement of a candidate for office.”
Janine Geske, a former Wisconsin Supreme Court Justice and current law professor at Marquette University, told Gannett she was surprised by the number of judges who signed, despite what she‘s sees as their right to do so under the state’s code.
“I believe the judges had the right to sign the petition, but it creates a problem with the appearance of impartiality if and when they may be called upon to decide any issues involving the governor or the Republican party,” she said.
One of them, Dane County Judge David Flanagan, has come under fire for not disclosing that he had signed a recall petition when he issued a temporary injunction blocking a Walker-backed voter identification law earlier this month. According to Media Trackers, a conservative investigative watchdog site, Flanagan signed the petition in November that his wife had circulated.
The organization similarly found that members of the Dane County District Attorney’s office — which “led the legal battle to overturn Governor Walker’s collective bargaining law” — signed petitions as well. As with the judges, members of the district attorney’s office are not specifically barred from signing onto the recall effort, the group noted.
Brown County Judge Marc Hammer, who did not sign a petition, told Gannett he accepts that his position comes with certain limitations.
“When you sign up for this job, to some extent you compromise your ability to express your own political beliefs one way or the other,” said Brown County Judge Marc Hammer. “Some judges don‘t think it’s a political statement to sign a recall petition. I just really wasn’t comfortable in doing so. I think if you’re asked to judge the conduct of others you need to be mindful of what your conduct is.”
Walker opponents filed petitions in January to try to force a recall election to oust the Republican governor. The state elections board has set May 8 as the date for the recall, unless that date is needed for primary elections, in which case the recall election will be moved to June 5, the Associated Press reported. The Government Accountability Board has until March 30 to finish reviewing the more than 1.7 million signatures submitted to recall both Walker and Lt. Gov. Rebecca Kleefisch.
As The Blaze previously reported, efforts to recall Walker stem from anger over his successful move to effectively end collective bargaining rights for most public workers.
Speaking on Fox News’ “On the Record with Greta Van Susteren” Monday night, Walker described the recall effort as a “Waterloo” moment for national unions that will “invest everything possible to try and take me out to send a message.”
(H/T: Mark Belling)



















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Comments (132)
lisa2994
Posted on March 21, 2012 at 2:34pmFire them all! Where is the condemnation for these judges from liberals? If they were conservative they would have been fired already!!!
Report Post »NHwinter
Posted on March 21, 2012 at 2:43pmI agree, kick them all out. If they are so liberal that they can’t honor an election of a Gov. then they can’t be inpartial and get rid of them. I sure hope the majority of this state stands behind Gov. Walker.
Report Post »amdoktor
Posted on March 21, 2012 at 3:26pmYou have no idea how deep the rabbit hole goes in regards to corruption in this Nation. These judges are probably being paid handsomely for their statements and support. Chicago politics has invaded this Nation with kickbacks to lobbyist, Congress, on the federal and state levels. Our courts have become activists, and paid to remove our Constitution. The mantra now is you can’t win by votes, win by courts. This is what we deserve when we vote lawyers into office. Benjamin Franklin stated “ A countryman in between lawyers is the same as a fish between two cats”. Only solution is Dr. Paul to end this madness and corruption. the choice is yours, and if not you can continue to complain.
Report Post »God bless us all
db321
Posted on March 21, 2012 at 4:11pmCorruption, from the moment I heard a recall was going to happen – does anyone want to bet – this is not the last lie, misrepresentation or cheating act that the Libs, Dem’s and Unions are going to do.
You can catch them sometimes, but they get away with a whole lot more – you have to think like a crook to catch a crook.
Wisconsin deserves all that it going to get – they certainly don’t deserve a great like Walker. He is way to good for them.
Report Post »Walter2012
Posted on March 21, 2012 at 4:42pmhmm….Yes, I definitely agree on kicking those bum partisan judges to the curb! They know the law all to well & are flagrantly violating it because of their partisan positions. Most definitely, send them into private practice & let’s see how good they really are.
Report Post »Bum thrower
Posted on March 21, 2012 at 5:08pmPublish their names; they have to stand for election or re-election.
Report Post »encinom
Posted on March 21, 2012 at 5:56pmI bet you der Furher Walker wishes he could fire these judges. Of course the Judges are just exercising their rights. Walker’s Rome is burning around him, The Attorney General is investigating his inner circle for corruption, He, his Vice Gov., and 4 more GOP State Senators are up for recalll, one Senator is stepping down. I wonder when Walker is going to crawl into his bunker.
Report Post »RJJinGadsden
Posted on March 21, 2012 at 6:59pmENCINOM, Walker’s Rome is burning down? Yeah, about the same as Greece and Italy financially. Just let the unions suck all of the life’s blood out of the state, eh?
Report Post »I’m not one to correct typos since I make plenty myself, but you are so quick to jump and attempt to correct others, that Vice Governor would be Lieutenant Governor.
ohnomrbill
Posted on March 21, 2012 at 7:02pmthey are also citizens who pay taxes and have a say, your side wants to fire anyone who has an opposing view. How is that the American way I’m almost threw with this nonsense its America and until someone tells me different I have a right to my VIEWS, even if there not yours.
Report Post »oneshiner
Posted on March 21, 2012 at 10:59pmBeing a Judge is nothing to get excited about. I’ve know those who were drunk and had bad judgement.
Report Post »Heck, they are humans just like the rest, just lucky no one knew what kind of people they were before they got this plush job.
I LOVE Scot Walker and will support any way I can because he’s made this a decent state to live in finally. To heck with all those idiot union people, especially teachers who are usually dumb as rocks.
jhrusky
Posted on March 22, 2012 at 5:40pmAnd since we now know they are unable to hold their views private, how can they properly and fairly preside over any trial that involves a Republican or non-Union worker?
Report Post »Rightsofman
Posted on March 21, 2012 at 2:27pmAre these judges elected or appointed? If the latter and Walker survives he should fire them. I certainly hope the voter taxpayers of WI. are there for Walker on the vote. If not they‘re saying that they really like paying for great salaries and benefits that they don’t get themselves and that would be real stupid.
Report Post »jvlag3
Posted on March 21, 2012 at 3:11pmIf they are appointed then Walker should immediately fire them then they can freely participate and since they were fired their pension is gone…saying the taxpayer in Wisconsin some money!!!
Report Post »2smart
Posted on March 21, 2012 at 2:22pmWhere I come from we call it conflict of interest!
Report Post »Realist4U
Posted on March 21, 2012 at 3:02pmThere is no way to get around it. Fire them all.
Report Post »encinom
Posted on March 21, 2012 at 7:27pmRealist4U
Report Post »Posted on March 21, 2012 at 3:02pm
There is no way to get around it. Fire them all.
__________________________________
The voters of Wis. are planning to do just that to Walker and his cronies.
bobmcgus
Posted on March 21, 2012 at 8:11pmencinom
Are you from Wisconsin??? Heck, even if you are…DON’T speak for ME!!
Report Post »jhrusky
Posted on March 22, 2012 at 5:43pmEncimon don’t have a clue as to how much Walker has saved us property tax payers in Wisconsin AND at the same time, prevents many educators from being axed or layed off. These liberal idiots just cannot accept reality that their feeding at the public trough was bankrupting our great state.
Report Post »bobmcgus
Posted on March 22, 2012 at 7:43pmMy property taxes went down over 12%, with services virtually unchanged.
Report Post »vtxphantom
Posted on March 21, 2012 at 2:21pmMark Levin and Landmark Foundation have filed a petition with the Wisconsin Judicial Commission to investigate the ethics of these 29 judges here in Wisconsin. Problem I see is the Judicial Commission may be biased themselves. We shall see
Report Post »Realville
Posted on March 21, 2012 at 5:02pmIn response to having our Judicial Commission take a look at these judges, 3 of the 7 members on the Judicial Commission including the Chair also signed the recall. This is what we are dealing with in WI, and this story is only the tip of the iceberg.
Report Post »RedneckJim
Posted on March 21, 2012 at 2:17pmAnd they aren’t for killing babies. They’re for the “right” of the mother to decide to kill her unborn baby, and have a doctor perform the actual procedure. So neither the judges nor the mothers are actually “guilty” of killing babies. Stands to reason if you’re a “progressive.”
Report Post »encinom
Posted on March 21, 2012 at 6:01pmThey are for the rights of women to decide for themselves their own healthcare. Abortion is legal in the US, it is a basic right, the right to determine what happens to one’s body and health care. Christian Taliban need to move out of the country and form their own theocracy.
Report Post »9111315
Posted on March 21, 2012 at 6:47pmNo, killing babies is not a basic right. . . . . but religion is.
Report Post »dallas5
Posted on March 21, 2012 at 8:32pmLet all the lefties kill off all their babies and let them all live with the same sex. Eventually there will only be good Christians here! Then we will be able to get our America back the way it was meant to be!
Report Post »HumbleMan
Posted on March 21, 2012 at 10:12pmEncinom, you display the usual flr for untruth. It is not a “basic right”. There was a politically radical supreme court decision (R vs. W) that w poorly argued and very flawed, tht effectively leglized the murder of unborn children. Some day we will come to our senses. In no way is it a basic right. Basic rights are God given if you didn’t know. Unless you mean communist rights … like the right to free education and the right to live in poverty.
By the way, there is no “right to collective bargaining” either, at least not in the context of a public union bullying the public taxpayer. Even FDR recognized there’s a clear conflict of interest.
Report Post »HorseCrazy
Posted on March 21, 2012 at 2:15pmsickening. this is what walker gets for doing the right thing and trying to save his state? a bunch of unethical judges using bad judgement and playing politics. I am so tired of this. these union thugs have to stop. if they prevail in this case it is a major indicator that our country will never get out from under it, never truly change, there are too many takers these days with a vote. I am sickened by the backlash gov walker is facing. truly sad for our country, try to do the right thing and end up with run away senators who become the heroes and the typical activist clueless liberal judges.
Report Post »georgiavietvet
Posted on March 21, 2012 at 8:06pmHORSECRAZY………..you said that the union thugs should just stop. and you are absolutely right. but lets get real here.they are not going to stop, especially when they are so close to their ultimate goal of helping obama run this country into the ground. that and power is what the union officers and thugs are after. the high up union people are getting fabulously wealthy on the backs of the rank and file and they arent about to let that gravy train go. the only way to stop them is for the union workers to put a stop to it themselves. the last resort will becivil war in this country to put a stop to all of the lefts mad dash for complete power over all our lives……………………..
Report Post »Desperadeaux
Posted on March 21, 2012 at 2:15pmAnother attempt by a left wing judiciary. Left w/o a legal “remedy,” they go to the sheeple.
Report Post »lukerw
Posted on March 21, 2012 at 2:10pmEthics are produced from Morality; Morality is produced from Religion — All absent in the Socialists!
Report Post »youdidthis
Posted on March 21, 2012 at 3:24pmmorality is common sense.
religion is just a messenger.
people found out long ago that if everyone killed each other, no one would be left alive.
of course there were wars, for resources and greed and religion.
the ones in power used religion as control .
believe as you wish…peace
Report Post »trinklefinder
Posted on March 21, 2012 at 4:49pmMorality produced by religion? Thank God that is just your opinion and not an actual fact. I think a better way to put it is conscious is given to us by the Holy Spirit who lives in us when we accept Christ.
Report Post »youdidthis
Posted on March 21, 2012 at 2:10pmJet Stream Position
http://www.weatherimages.org/data/imag192.html
is this a surprise …?
is your name gomer pyle?
shows how many sick twisted people are in positions of power.
Report Post »GoodStuff
Posted on March 21, 2012 at 2:10pmSo much for an independent judiciary.
Folks, we need to help Gov. Walker, he is doing the hard work that conservatives have been begging for for years. Election is just over a month away. Do what ya can:
https://scottwalker.ezcontribution.com/scottwalker-for-governor
Report Post »momprayn
Posted on March 21, 2012 at 2:09pmYes – more confirmation of our corrupt, activist judges — trying to “justify” their “unjust” actions via convoluted “thinking” which is irratioinal. I’ve been praying for Walker – this is very, very important for all of us re the corrupt, evil unions like theirs. Justice, Lord, real justice be done soon Lord !!!!
Report Post »GoodCook
Posted on March 21, 2012 at 2:07pmWalker needs to be re-elected at all costs or the Unions will run rough shod over every aspect of our life.Speak out against these thugs then and they’ll break your knee caps. They will take away all freedoms they deem against their interests and rule with the iron fist of a Communist dictator. These judges can say what they want but they are nothing but the stooges for tehse anarchists.
Report Post »heavyduty
Posted on March 21, 2012 at 2:05pmSure looks to me that he needs to appoint some new judges if he can when this is over.
Report Post »HKS
Posted on March 21, 2012 at 2:12pmTo many liberal judges in one place looks like a problem to me.
Report Post »progressiveslayer
Posted on March 21, 2012 at 2:04pmApparently the governors agenda doesn‘t align with these progressive judge’s and they’re simply in lock step with their union goon masters.
Report Post »Gonzo
Posted on March 21, 2012 at 2:25pmI’m really pleasantly surprised that the percentage who signed was as low as it is.
Report Post »michael48
Posted on March 21, 2012 at 3:03pmgonzo…agree…but still glad to see Levin give them some DUE attention…
Report Post »Realist4U
Posted on March 21, 2012 at 3:07pmThey have clearly shown they are incapable of being impartial. Remove all of them.
Report Post »happ77
Posted on March 21, 2012 at 3:43pmGonzo’s right it is surprisingly low for, Wi. About the same
Report Post »percentage as far left libs in the general pop. It is kind of a free speach thing
a judge doesn‘t lose his citizenship because he’s a judge. Look at the bright side
over 200 didn’t sign. They’re all lower level judges.
PS. I sent money a month ago to Scott Walker Fund.
jhrusky
Posted on March 22, 2012 at 5:49pmWhat is scary is all the corruption that is bound to go on during this recall election. I will be at our polling place just watching over to ensure no shenanigans are played; I hope many other Wisconsinites do the same and watch their own areas for corrupt practices.
Report Post »pwatkins
Posted on March 21, 2012 at 2:04pmShould be taken off the bench…everyone of them.
Report Post »randy
Posted on March 21, 2012 at 2:16pmThe state’s Code of Judicial Conduct bars judges from participating “in the affairs, caucuses, promotions, platforms, endorsements, conventions, or activities of a political party or of a candidate for partisan office“ and instructs them to avoid ”the appearance of impropriety in all of the judge’s activities.”
So? Fire them!
Report Post »Chuck Stein
Posted on March 21, 2012 at 2:03pmThis isn’t so easy. Their actions are clearly public and partisan — the sort of thing that judges should not do and that codes of judicial conduct are written to prevent. The problem comes up in that they are essentially doing an act that is a basic part of being a citizen. If there were a way of “sealing” signatures of judges, then the problem could be resolved. As it stands, though, it seems to be pretty clear that they have violated the code of conduct as it is currently written.
Report Post »Amy
Posted on March 21, 2012 at 2:16pmIt isn’t so much that they acted within their rights as a citizen that has me (a WI citizen) steamed. It is the fact that two of thoses judges ruled against the Voter ID law passed & signed by Walker and the Republicans. On controversial issues (and it is strictly a partisan issue up here regarding Voter ID) they should have the honesty and decency to recuse themselves. They clearly did not act within the facts on it and instead ruled along party lines.
Report Post »kaydeebeau
Posted on March 21, 2012 at 2:26pm….Code of Judicial Conduct bars judges from participating…. doesn’t bar mean the same as ban, outlaw, forbid, prohibit? Seems pretty clear to me it is wrong and unlawful.
Time for WI to go Jeffersonian with the judiciary
Report Post »Chuck Stein
Posted on March 21, 2012 at 2:34pm@ Amy
In law school, they teach you to look at the facts of the case, then you apply the law (statutes, regulations, and case law) to the facts, then if the proper decision isn’t lear from whet you have, then you look at public policy. When a politician gives you a black robe and a gavel, you reverse the order: first you look at the public policy you want to impose, then you look for laws that can achieve that public policy, then you choose which facts you will include in your opinion.
@Kaydeebeau
Report Post »“Time for WI to go Jeffersonian with the judiciary” — not a bad idea for most states.
cemerius
Posted on March 21, 2012 at 2:37pmWhen I raised my right hand and kept it there for 20 years…..as a Marine you lose a lot of those “right’s of citizens”….same thing goes with these judges…when they are sworn in and handed their robes they are supposed to be like Lady Justice!!! I see 29 recalls that need to happen now!
Report Post »Chuck Stein
Posted on March 21, 2012 at 2:53pm@ Cemerius
Report Post »Good analogy. I’m not defending the 29 judges. I’m pointing out that there could be a way of letting them exercise their right to petition and still maintain the interests that the code of conduct seeks to ensure.
Realist4U
Posted on March 21, 2012 at 3:09pmPoppycock!!
Report Post »mydh12
Posted on March 21, 2012 at 3:39pmI’m glad that judges signed this petition so that they exposed themselves as the partisan hacks that they truly are, especially the judge that vetoed the voter ID law. Now they can’t so easily pretend to be non-partisan. I’m afraid that we are probably stuck with them, but at least now we know who they are and can credibly ask for their removal from certain future cases.
Report Post »Chuck Stein
Posted on March 21, 2012 at 4:56pm@ MYDH12
Report Post »Good point — if, in the case mentioned by AMY, the signatures had been available as evidence to support a motion to recuse, then the motion would have had a better shot.
barber2
Posted on March 21, 2012 at 2:01pmLet me guess what political party these judges belong to ! What was that saying about justice being blind ? I forget…..
Report Post »Obama Snake Oil Co
Posted on March 21, 2012 at 2:06pmKnow thy eneny…..now he knows who to get rid of.
Report Post »bigmel754
Posted on March 21, 2012 at 2:00pmWell it is kind of expected, Judges at all levels have begun more and more to issue verdicts and overturn appeals based on their political beliefs and not from a constitutional stand point!
Report Post »Cabo King
Posted on March 21, 2012 at 1:57pmWi….let me google that
Report Post »Just in time
Posted on March 21, 2012 at 1:57pmMy thoughts and prayers are with Scott Walker
Report Post »TraceyM
Posted on March 21, 2012 at 1:56pmWhat are the names of the judges? They should not get involved in political movements like this, they should be unbiased.
Report Post »progressiveslayer
Posted on March 21, 2012 at 2:08pmThose judges can and should be recalled as well,time to root out the communist heathen and kick them out of office wherever they are.
Report Post »USAMEDIC3008
Posted on March 21, 2012 at 1:52pmTime to start Sanata’s list
Report Post »Taken names and checking it twice
Combat is #E!! ,but payback a mother fracker
Election time is near
However some are not electer ,those should start
stocking their caves
getourcountryback
Posted on March 21, 2012 at 1:50pmI am sure the judges don’t want their PERS pensions to be tampered with. I would be interested in seeing their record on adjudicating cases as to whether or not they side with the liberal left. My guess is, they do, so are biased and certainly are not blindly holding the scales of justice.
Report Post »smithclar3nc3
Posted on March 21, 2012 at 2:02pmExactly if thoses Judge presided over my case I would demand another trial as they have clearly label themselves bias.
Report Post »hagar
Posted on March 21, 2012 at 1:49pmThats a list someone should post
Report Post »lordjosh
Posted on March 21, 2012 at 1:49pm“I concluded that by signing a recall petition I wasn’t advocating for a particular party, I was advocating for the recall process, which I thought was completely separate and apart,” Brown County Judge Mark Warpinski said.
So advocating for a recall is not advocating against a “candidate for partisan office”????
Report Post »Yes, this is from a judge.
HKS
Posted on March 21, 2012 at 2:13pmSee the problem with the legal system. Laws are fine, it’s the judges that are broke.
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