Gableman won't recuse himself from disputed cases

January 26, 2012

Wisconsin's judicial ethics codes states that "judges must recuse themselves from cases in which a reasonable person might question their ability to be impartial."  Controversy has arisen because Wisconsin Supreme Court Justice Michael Gableman has refused to recuse himself from three cases that are alleged to present conflicts of interest for the Justice. Gableman cites a number of sources to support his position: a Wisconsin Supreme Court decision stating that "justices could recuse themselves only when they felt they wouldn’t act fairly and impartially or when it might appear that they couldn’t do so" and U.S. Chief Justice John Roberts’ recent report stating that "justices on the nation’s highest court should not withdraw from cases because of 'partisan demands, public clamor or considerations of personal popularity or notoriety.'" Attorneys in the three cases believe a conflict of interest is present because other parties in the cases were represented by a law firm that defended Gableman against an ethics allegation. There is also disagreement over whether Gableman received a gift from this law firm because of his non-payment of the legal fees, which would be a violation of the state judicial ethics code. The full court will now have to decide whether to force Gableman from the cases which presents a tricky situation since the court ruled 4-3 last year that justices do not have the power to remove one another from cases.