The panel of retired justices Assembly Speaker Robin Vos assembled to advise him on impeachment is a governmental body that must meet in public, a new lawsuit from a Washington, D.C., group argues.
The Dane County suit from American Oversight raises similar issues as a complaint the group filed with the district attorney’s office accusing the retired justices of violating the open meetings law. Vos, R-Rochester, said that the complaint has no merit “and shows how desperate the left is to change the subject away from the more important issue of the recusal of Justice Protasiewicz.”
The suit filed Monday seeks a declaration the panel is subject to the state’s Open Meetings Law, as well as a finding that it has violated that statute by failing to provide advance notice of meetings and holding them in public.
The suit names Vos and “Secret Panel” as defendants; the group’s attorneys wrote they named the body “fictitiously” because its technical name hasn’t been publicly disclosed.
Vos announced the creation of the panel earlier this month, saying he was seeking input from former justices on the possible grounds to impeach Protasiewicz. Vos and other Republicans have argued the liberal justice must recuse from two redistricting lawsuits now pending before the state Supreme Court over her comments during the spring campaign that the current maps drawn by GOP lawmakers are “rigged” and the nearly $10 million she received from the state Dem Party during the race. Vos has said impeaching Protasiewicz would be a “last resort.”
Vos has declined to identify who is on the panel, saying he didn’t want to turn it into a spectacle or subject the retired justices to a public pressure campaign. So far, conservative former Justice David Prosser is the only one who has confirmed he’s on the panel.
The Dane County DA’s office hasn’t responded to messages seeking updates on the status of the complaint filed last week.
According to the’s lawsuit, an investigator with the Dane County DA’s office told American Oversight on Friday that its next steps were to reach out to Vos and Prosser. But as of Friday, there were no immediate plans to bring an action against the panel. The suit says that investigation could take until the end of the month, which could be after the panel may have already completed its work.
Read the suit here.
Before the suit was filed, Vos told WisPolitics the work by a panel of former Supreme Court justices was “not a public process.”
Vos told the “Capitol Chats” podcast slated for release on Wednesday that he doesn’t expect the panel of former justices to issue a formal report. Still, he’d like to put out their findings “for a public review.”
Vos said he just wanted to get opinions from those who understand the law and have worked with the Constitution for decades.
“But again, it’s not really a public document,” he argued. “It’s certainly not a public process. There’s nothing in statute to do it. It’s just people giving me advice.”
Joe Oslund, a spokesperson for the state Dem Party, knocked Vos for not committing to releasing the full findings. Oslund said Vos’ “penchant for secrecy during the Gableman investigation left taxpayers with a six-figure legal bill after his office was caught violating open records law” and noted the lawsuit this latest effort has drawn.
“Robin Vos needs to end this clown show before we’re all left with another six-figure legal bill,” Oslund said.
Find the interview on Wednesday and past shows here.
