Thursday, October 29, 2009

The Supreme Court Gets It Right

It won't surprise anyone that I think the state Supreme Court did the right thing yesterday in rejecting the recusal standard proposed by the League of Women Voters and clarification of what, in and of itself, should not require recusal. The latter was, I think, required by what I think has been wildly irresponsible - and ideologically imbalanced - allegations and hints of bias from groups like the Wisconsin Democracy Campaign and One Wisconsin Now.

So I am also sympathetic to Justice David Prosser's impatience with Michael McCabe. The problem is not simply Justice Prosser's understandable irritation at the partisan way in which WDC pushes its "reform" agenda, but the way in which WDC itself undercuts public confidence in the court by its cynical promotion of extremely naive notions about the way in which the process works.

There may be judges who would sell themselves for the price of a lawful campaign contribution or endorsement but I have yet to meet one. It is certainly the case that elected judges worry about reelection. One judge has famously referred to the subject as a crocodile who sits in the bathtub while you're shaving. You try to ignore him, but you can't.

But nothing proposed by LWV would change that. If it worked the way folks like McCabe want it to, it would hand judicial elections to incumbents and insiders. What it would really do is complete the process of handing them to independent groups.

16 comments:

Anonymous said...

"There may be judges who would sell themselves for the price of a lawful campaign contribution or endorsement but I have yet to meet one. It is certainly the case that elected judges worry about reelection. One judge has famously referred to the subject as a crocodile who sits in the bathtub while you're shaving. You try to ignore him, but you can't."

How would you know if you did meet such a judge? Do they have a birthmark on their forehead? A "for sale" lapel pin?

You try very hard to make this ideological, just as your critics do. But it's not about ideology; its about being able to trust the Courts.

The new rule is: we cannot trust the courts. Not every judge is for sale, not every judge would sell themselves, but now they can. And as you remarked on above, the need to raise money for re-elections is the crocodile in their bathtub. Some will, and eventually most will; that will be the price of keeping their jobs.


The State Bar of Wisconsin suggested referring the matter for more study, so the Court did not need to make this decision, nor at this time. If the Court thinks their decision will "end the matter", then it is they who are naive about how the process works.

sean s.

illusory tenant said...

Your choice of emphasis — that the court rejected the LWV's proposal — is tremendously insignificant. Anybody could have predicted that.

What's left unsaid here is that Wisconsin Manufacturers & Commerce is now authoring judicial ethics rules for the court.

Or is that what you're saying the court "got right"?

Anonymous said...

Our court system is now for sale.

Anonymous said...

It would have been better had they stopped contributions from lawyers.

Anonymous said...

illusory_tenant

It makes no difference who authored the rule. It's a bad rule with an odor of corruption that will stick to this Court for a long time.

I don't know if the Court is for sale, that's part of the problem: how to tell. But for sure they've given themselves permission to take bribes.

sean s.

Anonymous said...

Anonymous at 3:28 PM;

Who is doing the bribing is irrelevant; lawyers or ministers or tavern owners. At least lawyers should have a good idea of what they are buying; being in the business as they are.

sean s.

illusory tenant said...

I don't think the "new" rule is such a big deal anyway, Sean, since it's a per se thing and doesn't exclude consideration of other attending factors.

But certain aspects of Wednesday's spectacle were pretty appalling, including which front group's language was expressly adopted and by whom.

Anonymous said...

Was there any discussion on what can be done to assure people of fair and impartial courts?

Anonymous said...

linden method -
malware removal bot -
marketing on the fringe -
maternityacupressure -
maternity acupressure -
meet your sweet -
musclegainingsecrets -
muscle gaining secrets -
my online income system -
negative calorie diet -
no adware -
one minute cure -
one week marketing -
online pickup secrets -
partenon -
pc on point -
perfect optimizer -
perfect uninstaller -
pick the gender of your baby -
power cash secret -
profit lance -
publicrecordspro -
public records pro -
push button marketer -
quit smoking today -
registry easy -
registry easy download -
registry fix -
registry winner download -
reverse mobile -
reverse phone detective -

Anonymous said...

rocket spanish -
rss power plus -
sem business blueprint -
silent sales machine -
spam bully -
sports betting champ -
spyware cease -
spyware nuker -
spyware remover -
starting a day care center -
the bad breath report -
the cb code -
thedietsolutionprogram -
the diet solution program -
the super mind evolution system -
traffic travis -
truth about abs -
turbulencetraining -
turbulence training -
twitter affiliate cash -
twitter decoded -
video piggy -
video web wizard -
vincedelmontefitness -
vince del monte fitness -
warp speed fat loss -
wedding speech 4u -
windo fix -
your bill killer -
you will get paid -
zygor guides -

Anonymous said...

3d covers -
500 scrapbooking sketches -
acid alkaline diet -
acne free in 3 days -
advanced pc tweaker -
apple patch diet -
art of approaching -
auction inspector -
av advance -
build a nice store -
burnthefat -
burn the fat -
carb rotation diet -
catch spouse cheating -
chikara reiki do -
combat the fat -
conversationalhypnosis -
conversational hypnosis -
copy that game -
cure gout now -
dl guard -
dog training online -
driver checker -
driver robot -
drop shipping wholesalers -
earth4energy -
earth 4 energy -

Anonymous said...

rss power plus -
sem business blueprint -
silent sales machine -
spam bully -
sports betting champ -
spyware cease -
spyware nuker -
spyware remover -
starting a day care center -
the bad breath report -
the cb code -
thedietsolutionprogram -
the diet solution program -
the super mind evolution system -
traffic travis -
truth about abs -
turbulencetraining -
turbulence training -
twitter affiliate cash -
twitter decoded -
video piggy -
video web wizard -
vincedelmontefitness -
vince del monte fitness -
warp speed fat loss -
wedding speech 4u -
windo fix -
your bill killer -
you will get paid -
zygor guides -
20 day persuasion -

Anonymous said...

adware bot -
affiliate naire -
apple patch diet -
article submitter -
art of approaching -
burnthefat -
burn the fat -
carb rotation diet -
cold sore freedom in 3 days -
conversationalhypnosis -
conversational hypnosis -
copy that game -
cure for bruxism -
cure hemorrhoids -
cyber link pro -
dl guard -
driver checker -
driver robot -
drop shipping wholesalers -
earth4energy -
earth 4 energy -
easy backup wizard -
easy click mate -
easy photo biz -
eatstopeat -
eat stop eat -
epinoisis -
error fix -
error killer -
error smart -
evidence nuker -

Anonymous said...

nasty dirty money -
negative calorie diet -
no adware -
pc optimizer pro -
perfect uninstaller -
pergola plans -
pick the gender of your baby -
plr ebook club -
pregnancy without pounds -
profit lance -
publicrecordspro -
public records pro -
questions for couples -
quit smoking today -
ready made review sites -
reg genie -
registry easy -
registry easy download -
registry winner -
registry winner download -
retrievea lover -
reverse mobile -
richard mackenzie direct -
rocket italian -
rocket spanish -
roulette sniper -
rss ground -
secret affiliate weapon -
secrets book -
spam bully -
spyware cease -

Anonymous said...

spyware remover -
spy zooka -
starting a day care center -
tattoo fever -
team idemise -
the bad breath report -
the cb code -
thedietsolutionprogram -
the diet solution program -
the rich jerk -
the super mind evolution system -
turbulencetraining -
turbulence training -
vincedelmontefitness -
vince del monte fitness -
warp speed fat loss -
wedding speech 4u -
windo fix -
wrap candy -
zygor guides -
7day ebook -
360 fix kit -
advanced pc tweaker -
adware bot -
affiliate naire -
art of approaching -
beating adwords -
believe and manifest -
blogging in action -
body building revealed -
burthefat -

Anonymous said...

silent sales machine -
silver lotto -
spyware cease -
super affiliate handbook -
the 11 forgotten laws -
thebadbreathreport -
the bad breath report -
thedietsolutionprogram -
the diet solution program -
the power pause -
tmj help -
tonsil stones remedies -
top secret fat loss secret -
turbulence training -
twitter rockstar -
uncle sams money -
underground hypnosis -
vincedelmontefitness -
vince del monte fitness -
warcraft millionaire -
warcraft wealth -
warp speed fat loss -
webcomp analyst -
wedding speech 4u -
win back love -
your software website -
zox pro -
zygor guides -
500 love making tips -
acid alkaline diet -
acne no more -