Senate Republicans Asking Liberal Supreme Court Justice to Waive Her Right to Confidentiality

Wednesday, September 20th, 2023 -- 8:01 AM

(By Rich Kremer, Wisconsin Public Radio) State Senate Republicans are asking liberal Wisconsin Supreme Court Justice Janet Protasiewicz to waive her right to confidentiality in order to make complaints filed against her public.

According to Rich Kremer with Wisconsin Public Radio, Democrats say Republicans are trying to "extort" Protasiewicz into recusing herself from two redistricting lawsuits that could overturn GOP drawn voting maps.

A Sept. 8 letter to Protasiewicz from Sen. Van Wanggaard, R-Racine, and four other Republican members of the Senate's Committee on Judiciary and Public Safety, obtained by Wisconsin Public Radio through an open records request, starts with an accolade: "Congratulations on your recent election to the Wisconsin Supreme Court."

From there, the Republicans' tone shifts. It cites another letter received by Protasiewicz from the Wisconsin Judicial Commission May 31, notifying her that "several complaints" had been filed, accusing the justice of violating the state's Code of Judicial Conduct for calling Republican drawn voting maps "rigged" ahead of her 11 point victory over former conservative Justice Dan Kelly.

Protasiewicz entered the commission's finding and one of the complaints against her into the docket for redistricting lawsuits. "By releasing the Commission’s May 31, 2023 letter, you have concluded that the public’s interest in the Judicial Commission’s activity outweighs any personal privacy interest you wish to protect," the Republicans wrote.

"But releasing only the conclusion and one of the 'several' complaints made against you leaves the public with an incomplete record and invites speculation." The letter also voices frustration with unconfirmed Democratic appointees of the Democratic Judicial Commission who testified before the Senate committee.

During those hearings in late August and early September, Wanggaard and his GOP colleagues grilled appointees about how the commission handles issues of recusal when a judge has publicly commented on a case. The appointees said they couldn't comment on theoretical situations.

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