Cross Posted @bloggingblue, because, in lieu of the right wing attack on Justice Bradley and inexcusable defense of Justice Prosser, this story needs to be told.
Justice David Prosser, through official marionette, Brian Schimming, had this to say”“I was confident the truth would come out – and it did. I am gratified that the prosecutor founds these scurrilous charges were without merit.” (why a GOP operative is the spokesman for a non partisan Judge who continually says he is neutral is another story).
Well the truth DID come out and it is not pretty. Justice Prosser himself admitted to grabbing Justice Bradley by the neck.
“It was a total reflex,” said Prosser, who recalled feeling the warmth in Bradley’s neck. He said his first thought was, “Oh my god, I’m touching her neck,” later adding, “What does any self-respecting man do when suddenly that man finds that his hands, or part of his hands, are on a woman’s neck? Get them off the neck as soon as possible.”
(I personally think the answer to Justice Prosser’s question is any “self-respecting man” would NOT HAVE HIS HANDS on a woman’s neck, but I digress.)
Completely impartial Justice Prosser, a member of the “independent” third branch of government, let it be known that what upset him the most was that the decision would not be ready in the time frame that the Fitzgerald Brothers wanted it.
In an interview with investigators, Prosser said Assembly Speaker Jeff Fitzgerald, R-Horicon, had put the court in an awkward position by saying justices needed to act by June 14 or lawmakers would have to vote on the collective bargaining law all over again.
Referring to Abrahamson’s statement that the court’s decision might not be issued until June 15, Prosser, a former Republican Assembly speaker, told investigators: “Now that’s the day after the Assembly would have to vote on this all over again. I’ve been here before. I’ve seen these tactics before.”
For weeks after Walker introduced the measure in February, protesters swarmed the Capitol and Democratic senators fled the state to delay a vote on it. Republicans were loath to take up the measure again.
While none of the Justices were pushing for prosecution, they all(with the exception of Gableman) let let slip how they really feel about Justice David Prosser.
In interviews with sheriff’s detectives, members of the state Supreme Court painted a picture of Justice David Prosser as a sometimes hot-headed colleague who called other justices names and at times made them fear for their safety.
Prosser “loses his cool repeatedly,” Justice Patrick Crooks told Dane County Sheriff Office investigators
Chief Justice Shirley Abrahamson described Prosser’s past behavior as “temper tantrums” and “disruptive at times,” although the June 13 incident was the first time she said she had seen any physical confrontation between Prosser and another justice. “You never know what’s going to set him off,” she said.
Also in a rare case of bipartisanship on the court, Justice Bradley joined with fellow Justices Patience Roggensack and Annette Ziegler in saying that Prosser needed counseling.
The court’s head of Human Resources also weighed in:
Following the incident, Margaret Brady, the court’s human resource officer, told investigators she felt Bradley should pursue a restraining order against Prosser so the behavior did not continue. Brady also told Bradley the June 13 incident resembled domestic violence and should be reported to police.
So the truth has come out, irregardless of criminal charges, Justice Prosser did choke his fellow Justice. Also while being interviewed regarding this case all of his co-workers (minus one) let it be known that he can come unhinged and desperately needs help. That is what a Justice of the Supreme Court and the republican party of Wisconsin calls “being cleared”? I guess we have different definitions of that. So does the Wisconsin Judicial Code of Conduct.
SCR 60.02 A judge shall uphold the integrity and independence of the judiciary.
An independent and honorable judiciary is indispensable to justice in our society. A judge should participate in establishing, maintaining and enforcing high standards of conduct and shall personally observe those standards so that the integrity and independence of the judiciary will be preserved. This chapter applies to every aspect of judicial behavior except purely legal decisions. Legal decisions made in the course of judicial duty on the record are subject solely to judicial review.
Comment
Deference to the judgments and rulings of courts depends upon public confidence in the integrity and independence of the judges. The integrity and independence of judges depend in turn upon their acting without fear or favor. Although judges should be independent, they must comply with the law, including the provisions of this chapter. Public confidence in the impartiality of the judiciary is maintained by the adherence of each judge to this responsibility. Conversely, violation of this chapter diminishes public confidence in the judiciary and thereby does injury to the system of government under law.
Does anyone really think that Justice Prosser has acted “with integrity” or impartiality? Has Justice Prosser “participated in establishing, maintaining and enforcing high standards of conduct”?
One final not to this story. While 5 people on the court had similar stories and all agreed that Justice Prosser has an uncontrollable temper and needs help, there was one dissenting opinion (Justice Michael Gableman).
“[Gableman] described Bradley as being a little bit taller than Prosser and compared Bradley’s stance with Prosser to a famous photo of then-Sen. Lyndon B. Johnson leaning over a shorted [sic], cowed senator. According to the records, however, Prosser is 5-feet-9-inches tall and weighs 165 pounds. Bradley is 5-feet-3-inches and weighs 131 pounds.”
Witness credibility issues?
Gableman also claimed that Prosser never came in contact with Bradley’s neck despite Prosser’s admission that he had both hands on Bradley’s neck and “felt its heat.” Despite this, Gableman could confidently tell Justice Bradley, “You were not choked.” Why should we believe him?
Mike Gableman has lied before. Just ask the Wisconsin Judicial Commission, whose investigation into this altercation is ongoing, despite Justice Prosser’s 48-point bold triumphalist WISGOP press release.(H/T Illusory Tenant).
Despite a near unanimous opinion of Prossers temper, Gableman also was a dissenting opinion stating that the only time he ever sees Justice Prosser get angry or upset is when “somebody is “going to get the shaft”.
