Wednesday, February 24, 2010

Order in 'State v. Allen' 2010 WI 10

Wisconsin Supreme Court order February 11, 2010 in this case (2007AP795) dismissing the motion for recusal of Justice Gableman.
Opinion Per Curiam.
Concurrence by Chief Justice Abrahamson and Justices Bradley and Crooks.
Concurrence by Justice Crooks.
Concurrence by Justice Roggensack, with Justices Prosser and Ziegler.
Concurrence by Justice Prosser.
Concurrence by Justice Ziegler.
Justice Gableman did not participate.
Per the docket,
On February 4, 2010, Justice Michael J. Gableman informed the members of the court that he was withdrawing from participation in the court's consideration of Allen's recusal motions and was withdrawing his separate written opinion. Only six justices are therefore participating. Three justices, Chief Justice Shirley S. Abrahamson, Justice Ann Walsh Bradley, and Justice N. Patrick Crooks, would order briefs and oral argument, as the parties have requested. Three justices, Justice David T. Prosser, Justice Patience Drake Roggensack, and Justice Annette Kingsland Ziegler, would issue an order denying the motions. Chief Justice Abrahamson and Justices Bradley and Crooks write in support of their proposed disposition. Justice Roggensack, joined by Justices Prosser and Ziegler, writes in support of their proposed disposition. Individual writings by Justices Crooks, Prosser, and Ziegler are also filed. Because the members of the court disagree as to the disposition of Allen's motions as set forth above, the motions are not granted. No four justices have agreed to grant the motions.
See 2009-2010 Term of the Wisconsin Supreme Court

Gableman to remain on case before Supreme Court, by Patrick Marley, Milwaukee Journal Sentinel

Fair Judges or Judge Shopping? by Richard M. Esenberg, Marquette University Law School Faculty blog

A need to curb judge shopping, by Rick Esenberg, Milwaukee Journal Sentinel