mykeystrokes.com

"Do or Do not. There is no try."

“Justice Denied”: David Prosser ‘Chokehold’ Case Produces No Charges In Wisconsin

There will be no criminal charges against the Wisconsin Supreme Court justice accused of choking a colleague in chambers, the special prosecutor investigating the case told The Associated Press Thursday.

Justice Ann Walsh Bradley had alleged that Justice David Prosser put her in a “chokehold” during an argument in chambers in June over the passage of Gov. Scott Walker’s budget bill. Prosser’s defenders said Bradley rushed at him with her fists raised and he put up his hands in self-defense.

With all but one of the state high court justices present for the altercation, and offering widely different stories of what happened, Sauk County District Attorney Patricia Barrett, who was given the case by local prosecutors and law enforcement who recused themselves, decided not to pursue charges, she told the AP.

“The totality of the facts and the circumstances and all of the evidence that I reviewed did not support my filing criminal charges,” Barrett said.

Barrett did not disclose how she came to that decision, but said witnesses had different versions of what happened. She didn’t elaborate.

Prosser, a conservative justice on the officially nonpartisan court, did not seek reconciliation with Bradley in a statement he issued after Barrett’s announcement.

“Justice Ann Walsh Bradley made the decision to sensationalize an incident that occurred at the Supreme Court,” Prosser said. “I was confident the truth would come out and it did. I am gratified that the prosecutor found these scurrilous charges were without merit. I have always maintained that once the facts of this incident were examined, I would be cleared. I look forward to the details becoming public record.”

Bradley, a liberal justice, released a statement defending her decision to make the skirmish public.

“My focus from the outset has not been one of criminal prosecution, but rather addressing workplace safety,” she said. “I contacted law enforcement the very night the incident happened but did not request criminal prosecution. Rather, I sought law enforcement’s assistance to try to have the entire court address informally this workplace safety issue that has progressed over the years. To that end, chief of (Capitol Police Charles) Tubbs promptly met with the entire court, but the efforts to address workplace safety concerns were rebuffed. Law enforcement then referred the matter for a formal investigation and I cooperated fully with the investigation.”

Prosser was reelected to a 10-year term in a contentious election in April. Bradley’s term is up in 2015.

By: Reid J. Epstein, Politico, August 25, 2011

August 26, 2011 Posted by | Conservatives, Democracy, Democrats, Elections, GOP, Gov Scott Walker, Politics, Republicans, Right Wing, States, Teaparty, Unions, Wisconsin, Wisconsin Republicans | , , , , , , , , | Leave a comment

Wisconsin Supreme Court: A Study In Judicial Dysfunction

Harsh state judicial campaigns financed by ever larger amounts of special interest money are eating away at public faith in judicial impartiality. There are few places where the spectacle is more shameful than Wisconsin, where over-the-top campaigning, self-interested rulings, and a complete breakdown of courthouse collegiality and ethics is destroying trust in its Supreme Court.

On Monday, a special prosecutor was named to investigate an altercation between two justices on opposite sides of the court’s bitter ideological divide. Ann Walsh Bradley, a member of the court’s liberal wing, has charged that David Prosser, a conservative, put her in a chokehold during a heated exchange shortly before the court upheld the new state law eliminating most collective-bargaining rights for public employees.

Justice Prosser has disputed Justice Bradley’s version of what occurred, and the facts remain unclear. What is certain is that Justice Prosser should have recused himself from that ruling. His vote to uphold the law occurred shortly after his re-election campaign in which he benefited from heavy anti-union independent spending.

Justice Prosser won the April election by a very small margin, prompting a recount. The Milwaukee Journal Sentinel reported that he then raised more than $270,000 for the recount, much of it in $50,000 chunks. (The contribution limits that apply under Wisconsin’s public financing system for judicial races do not extend to recounts.) Some $75,000 of the haul was used to pay fees to a law firm led by an attorney representing conservative groups in a case challenging state campaign disclosure rules, which is scheduled to be heard by the court next month.

Given the lawyer’s role in Justice Prosser’s recent recount success, a reasonable person might well question the judge’s impartiality on that case, too. After first saying he had no intention of recusing himself, Justice Prosser on Thursday asked the parties in the campaign finance case to file memos stating their views about recusal. It should not take a formal request for him to step aside.

A contentious 4-to-3 decision by the court last month declared recusal decisions by the justices to be unreviewable. In another sign of the court’s dysfunction, the deciding vote came from Justice Patience Roggensack, whose involvement in an earlier case was the subject of the disqualification motion that the court was reviewing. Like the ruling itself, Justice Roggensack’s participation in judging her own conduct showed astounding disregard for legal ethics and every litigant’s right to impartial justice. The problems don’t even stop there. A year ago, by another 4-to-3 vote along ideological lines, the court weakened the recusal standard by adopting a rule saying that campaign fund-raising or expenditures can never be the sole basis for a judge’s disqualification. The rule was largely written by a business group that has spent lavishly in judicial campaigns.

Members of Wisconsin’s top court need to focus on restoring civility and public trust. For starters, they should scrap last year’s decision on campaign money in favor of strict disclosure requirements for lawyers and litigants. They should also adopt an appeals process for recusals, so the final decision is no longer left to the judge whose impartiality is being questioned. The court’s credibility, and justice in Wisconsin, are on the line.

 

By: New York Times Editorial, August 19, 2011

August 20, 2011 Posted by | Businesses, Collective Bargaining, Conservatives, Corporations, Democracy, Democrats, Elections, GOP, Ideologues, Ideology, Justice, Politics, Public, Republicans, Right Wing, States, Teaparty, Union Busting, Unions, Voters, Wisconsin, Wisconsin Republicans | , , , , , , , , , , , , , | Leave a comment

David Prosser Probably Had A Very Good Reason For Putting His Hands On Colleague’s Neck

Wisconsin Supreme Court Justice David Prosser seems to have a bit of a temper! And he also seems to maybe have a bit of a history of verbally and perhaps physically attacking women. The latest, in case you haven’t heard, has the conservative justice accused of putting a liberal colleague in a “chokehold.” Here’s the thing: Even the anonymous sources defending Prosser say he put his hands around Justice Ann Walsh Bradley’s neck. They just say it was in self-defense.

Last year, Prosser screamed at a different (female) colleague, reportedly calling her a “bitch” and threatening to “destroy” her. When asked about all that, he blamed her for “goading” him into attacking her. That is classic psycho behavior, but I have to say that I did not expect Prosser to be accused of physical violence. And, you know, I wouldn’t expect “these women keep forcing me to attack them” to continue working as an excuse for attacking colleagues, but I guess I’m underestimating the conservative movement! Because everyone is running with the “Prosser was forced to put his hands on her neck because she ran towards him” story. Fox Nation headline: “WI Judge Prosser Smeared?” Human Events blames “Big Labor” for forcing Prosser to attack his colleagues.

Here’s Ann Althouse’s (a law professor!) defense:

ALSO: People may assume that the man is larger than the woman, but — from what I have heard — Bradley is significantly larger than Prosser. Bradley is also 7 years younger than Prosser, who is 68.

Compelling!

Bradley isn’t accused by anyone of laying a hand on Prosser. The case for Prosser is that Bradley came at him and he pushed her back in “defense,” but everyone seems to agree that his hands did end up on her neck. I don’t really think there’s any justification for that! And attacking women and then blaming them for making you do it is how abusive assholes justify their behavior. Not that I know the facts of this horrible case. But I tend to side with the people who don’t have a history of threatening to “destroy” people, because that is how comic book characters talk.

Anyway, now the right wants to recall Bradley, for attacking Prosser with her huge, terrifying neck.

 

By: Alex Pareene, Salon War Room, June 27, 2011

June 28, 2011 Posted by | Conservatives, Elections, GOP, Politics, Republicans, Right Wing, Wisconsin, Wisconsin Republicans, Women | , , , , , , | Leave a comment

   

%d bloggers like this: