Liberal Wisconsin Supreme Court Judge Faces Judicial Conduct Complaint

A Wisconsin resident has filed an ethics complaint with the Wisconsin Judicial Commission alleging Wisconsin Supreme Court Justice candidate Janet Protasiewicz violated the state Code of Judicial Conduct.

Randall R. Cook, a citizen and GOP supporter from Barron County, filed the complaint Monday asserting that the Milwaukee County Circuit Court judge has “announced how she will rule on issues that will likely come before the Supreme Court, such as abortion and the constitutionality of Wisconsin’s legislative maps.”

“Such pronouncements are prohibited under the ethics code governing Wisconsin judges,” Cook states in the complaint. “I therefore respectfully request that the Judicial Commission open an investigation into Judge Protasiewicz’s conduct.”

The high stakes Wisconsin Supreme Court general election in April (the primary is scheduled for Feb. 21), is expected to determine whether liberals or conservatives hold the majority on the court. Currently conservatives have a 4-3 edge, but the seat up for election is held by a conservative who is retiring. The National left is pouring in lots of money and resources into what they see as the biggest political race of 2023, despite the fact that the Wisconsin Supreme Court is nonpartisan.

The Wisconsin Code of Judicial Conduct explicitly prohibits judges from “manifest(ing) bias” and from “pledges, promises or commitments that are inconsistent with the impartial performance.”

Protasiewicz, one of four candidates running for the seat being vacated by conservative Justice Patience Roggensack, has made several comments about significant issues that will most likely come before the Wisconsin Supreme Court.

In his complaint, Cook notes Protasiewicz’ comment at a candidates forum on Jan 9, when she was asked whether a Wisconsin Supreme Court decision adopting a “least change” approach to redistricting of legislative maps was correctly decided. She said the state’s political maps “are rigged.”

“Bottom line. Absolutely, positively rigged. They do not reflect the people in this state. They do not reflect accurately representation in either the State Assembly or the State Senate. They are rigged. Period. I’m coming right out and saying it. I don’t think you could sell to any reasonable person that the maps are fair,” the judge said.

Asked about the potential conflict of her statement, Protasiewicz said she couldn’t say how she would rule on a particular case, “but I can tell you my values and common sense tells you that it’s wrong.”

In the wake of the U.S. Supreme Court’s Dobbs v. Jackson Women’s Health Org. ruling ending Roe v. Wade and its federalized protection of abortions, Protasiewicz said the high court’s majority was incorrect in its decision. Post-Dobbs, Wisconsin’s pre-Roe law banning abortions in most cases went into effect. The law will ultimately be tested in the Wisconsin Supreme Court.

“Well, let’s talk about the Dobbs case, and let’s talk about judicial activism in that case. Women have, for the last 50 years . . . relied on the Roe v. Wade case. They’ve relied on it to be able to make their own decisions regarding bodily autonomy, and in my opinion, our Supreme Court in Dobbs decided that case incorrectly.”

Protasiewicz told a Madison TV journalist that she “cannot, obviously, tell anybody how I would rule on any type of case, but I can tell you what my values are.”

“In regard to the progressive label, I embrace that when it comes to issues such as gerrymandering, when we talk about the maps, when we talk about marriage equality, when we talk about women’s rights and women’s rights to choose,” the judge said.

Protasiewicz’s campaign did not return a request for comment.

Protasiewicz, one of two liberals running in the four-person race, raised a breathtaking $924,000 last year. That’s more than all three other candidates combined, more than any Wisconsin Supreme Court candidate ever in the year before an election.

Mark Jefferson, executive director of the Republican Party of Wisconsin, said the judicial candidate has disregarded her obligation to abide by the Code of Judicial Conduct in the Supreme Court race.

“A high court candidate has never taken such an extreme stand in defiance of her responsibility to remain unbiased or set aside her personal beliefs on cases set to come before the Court, and Wisconsin deserves much better than the liberal personal agenda of Janet Protasiewicz,” he said.

– – –

M.D. Kittle is the National Political Editor for The Star News Network.
Photo “Janet Protasiewicz” by Janet for Justice. Background Photo “Wisconsin Supreme Court” by Daderot. CC0 1.0.