Tuesday, October 20, 2009

Preview of Hearing and Conference on rules for recusal

October 28, 2009 9:30 a.m. In re creation of rules for recusal when a party or lawyer in a case made contribution effecting a judicial campaign (08-16) and In the Matter of Amending the Rules of Judicial Conduct (08-25) on the Wisconsin Supreme Court Pending Rules Petitions Scheduled For Public Hearing [html|pdf]

The Order for Hearing [html|pdf] says,
On June 20, 2008, the League of Women Voters of Wisconsin Education Fund petitioned this court to create Supreme Court Rules (SCRs) relating to recusal when a party in an action or the lawyers in an action have previously made a campaign contribution to or spent money on a media campaign relating to a judicial election for a judge who is presiding in the case. On July 28, 2009, the League of Women Voters of Wisconsin Education Fund filed an amended petition.

On September 30, 2008, the Wisconsin Realtors Association, Inc., petitioned [Attachment a, Attachment b, Attachment c] this court to amend the Code of Judicial Conduct to provide that the receipt of a lawful campaign contribution by a judicial campaign committee or an endorsement of a candidate does not, by itself, warrant judicial recusal.

Responses have been filed by Justice at Stake, Wisconsin Association for Justice, Brennan Center for Justice, State Bar of Wisconsin, and Center for Competitive Politics. Update: and by American Justice Partnership, State of Wisconsin, Department of Justice , and Attorney Robert R. Henak. Ten organizations filed Notices of Joinder in Petition 08-25 (Realtors), and Petition 09-10 (WMC). Update 2: Responses have also been filed by Wisconsin Democracy Campaign, and Wisconsin Association of Justice (second response).

Petition filed by WMC on rules for recusal October 16, 2009, In the Matter of Amending the Code of Judicial Conduct (09-10).

Petition filed by Justice Bablitch on rules for recusal, October 26, 2009, In the Matter of Amending the Code of Judicial Conduct (09-11).

See Two rules petitions not to be heard April 21