Reginald Hobbes
Thinker
- Joined
- Feb 26, 2011
- Messages
- 166
Asking the Judicial Commission to investigate possible ethics violations is not criminalizing political speech. Since SCR 60 does not specifically mention recall petitions, this will end up in court. I agree that nothing will come of it, except maybe an updated Code of Judicial Conduct.I think it is disgusting how all of these people are rushing to the defense of the criminalization of political speech. As an American I am ashamed that these people are my countrymen.
Take it to the Wisconsin Supreme Court. According to SCR 60.06 (2)(b), judges lose the following free speech rights:Disgusting how you you minimize the most fundamental right Americans have.
(b) No judge or candidate for judicial office or judge-elect may
do any of the following:
1. Be a member of any political party.
2. Participate in the affairs, caucuses, promotions, platforms, endorsements, conventions, or activities of a political party or of a candidate for partisan office.
3. Make or solicit financial or other contributions in support of a political party's causes or candidates.
4. Publicly endorse or speak on behalf of its candidates or platforms
Judges disagree on rule interpretation.
Some judges who signed the petition said they were supporting the right to vote.
"I concluded that by signing a recall petition, I wasn't advocating for a particular party, I was advocating for the recall process, which I thought was completely separate and apart," said Brown County Judge Mark Warpinski.
"What I did by signing the recall petition is say that the people of Wisconsin should be allowed to vote again for governor," said Milwaukee County Judge Charles F. Kahn Jr. "I did not support any candidate and I did not support any political party. This is a substantial and important distinction."
Some judges who didn't sign the recall petition had a different take on the issue.
"When you sign up for this job, to some extent you compromise your ability to express your own political beliefs one way or the other," said Brown County Judge Marc Hammer. "I think if you're asked to judge the conduct of others, you need to be mindful of what your conduct is."
Adam Skaggs, senior counsel for Brennan Center for Justice at New York University School of Law, said he doesn't believe signing a recall petition would result in sanctions, but he said it is a gray area that should be avoided.
Professor Richard Painter of the University of Minnesota Law School questioned why judges would expose themselves to the potential perception of bias. He said judges often have to decide cases where the governor or lawmakers are parties, and they sometimes have to rule on close elections.
"For judges to be getting involved in the question of whether the governor ought to be recalled I think is highly inappropriate," Painter said.

