According to Justice Roggensack, to impose
judicial recusal rules in such circumstances would «nullify the constitutional vote of the contributor, or the lawful choice of the appointer, or chill the lawful speech of those who make independent communications during the course of a campaign for judicial office.»
The same three Justices [20] that dissented to
the judicial recusal rule changes rejected the Panel's recommendation to grant Justice Gableman's summary judgment motion and to dismiss the case.
Not exact matches
The petition sought to amend the
recusal rules when a party in an action — or the lawyer or law firm in an action — makes a campaign contribution to or spends money in a
judicial campaign for a judge presiding in the case.
[16] Therefore, Justice Roggensack urged the Special Committee to consider the
rules [17] adopted by the Wisconsin Supreme Court addressing
judicial recusal.
Although most states have
rules governing
judicial recusal related to campaign contributions, few formal ethical
rules govern lawyers making those contributions.
However, in 2010, Wisconsin Supreme Court had changed the state's
recusal rules to exclude campaign contributions and independent expenditures as sole bases for
judicial recusal.
The court upheld the state's
recusal rules, finding that they are narrowly tailored to serve the compelling state interest in
judicial impartiality.
In the wake of the Caperton decision, a few states strengthened their
recusal rules, but most states have not responded to the ethical dilemmas that have emerged as campaign cash has flooded
judicial elections.
Unlike laws allowing legislatures to override court
rules or giving politicians more control over
judicial selection,
recusal rules govern the ethics of judges, and they are only necessary in states in which the high courts have failed to respond adequately to the swelling tide of campaign cash.
New York City commercial litigation associate Danielle McLaughlin provides commentary in this article about the Supreme Court's recent
ruling requiring
judicial bias and
recusal.