Thursday, July 1, 2010

Opinion in 'Wisconsin Judicial Commission v. Gableman' 2010 WI 62

Wisconsin Supreme Court Justices Prosser, Roggensack, and Ziegler opinion yesterday in this case (2008AP2458-J). See Argument.
¶64 In order to meet the burden of proof assigned to the Commission by Wis. Stat. § 757.89, at least four justices must conclude that the advertisement by Justice Gableman's campaign committee violated SCR 60.06(3)(c), when SCR 60.06(3)(c) is interpreted and applied consistent with the commands of the First Amendment. The Commission has not met that burden of proof. Accordingly, we anticipate that the Commission, or the Commission and Justice Gableman together, promptly will file a motion to dismiss the complaint against Justice Gableman.