The Wisconsin Judicial Commission has dismissed a complaint filed against liberal Justice Janet Protasiewicz over comments she made during the spring campaign, finding there is “no evidence of misconduct.”
The state GOP and state Sen. Cory Tomczyk, R-Mosinee, filed complaints ahead of the April election over Protasiewicz saying GOP-draw legislative maps were “rigged” in favor of Republicans and expressing her support for the right to an abortion. The complaints accused her of prejudging cases.
But in a May 31 response to Tomczyk, the commission wrote it had determined there was nothing within its jurisdiction to warrant further action or consideration of the complaint. According to a footnote in the letter, Executive Director Jeremiah Van Hecke noted the commission had considered state judicial rules and past cases. It also took into account case law, including a U.S. Supreme Court ruling that struck down restrictions on what Minnesota judicial candidates can say.
Tomczyk shared a copy of the letter with WisPolitics after Protasiewicz released to The Associated Press what she received from the commission notifying her the complaints had been dismissed.
The freshman lawmaker said he believed the commission’s response was “attorneys protecting attorneys.”
“To me, it’s very simple,” Tomczyk said. “The things that she said in the campaign aren’t right. They aren’t honorable. There is no way she’s not compromised in making a decision. She’s already made up her mind.”
The state GOP, meanwhile, confirmed the commission also rejected the complaint it filed in coordination with a Barron County man.
Protasiewicz’s Supreme Court office didn’t immediately respond to a message from WisPolitics.
News of the dismissals come as GOP lawmakers have begun discussing the possibility of impeaching Protasiewicz if she hears two redistricting suits now pending before the court. GOP state senators named as defendants in one of the suits have filed a motion asking Protasiewicz to recuse, and she hasn’t yet ruled on the request.
Tomczyk said Protasiewicz’s comments and what he called “secret meetings” by the court’s four liberal justices rise to the level of impeachment, which the state Constitution reserves for corruption, crimes and misdemeanors.
The court’s liberals have rejected the suggestion the meetings were secret, indicating in correspondence with others on the court that their conservative colleagues had been invited to participate in the discussions, such as the move to fire Randy Koschnick as director of state courts.
Assembly Minority Leader Greta Neubauer, D-Racine, said the threats demonstrate “complete disregard for the will of the people of Wisconsin and the core principles of our republic.”
“Make no mistake, if Legislative Republicans attempt to impeach Justice Protasiewicz, they would destroy the integrity of the Legislature,” Neubauer said. “The people of Wisconsin would not soon forget this effort to permanently undermine our democracy and diminish the power of their vote.”
Read the letter to Tomczyk here.
