AJR115: Joint Resolution Text

LRB-3681/1

JK:med:ph

2011 - 2012 LEGISLATURE

2011 Assembly JOINT RESOLUTION 115

February 23, 2012 - Introduced by Representatives Roys, Young, Pocan and C. Taylor. Referred to Committee on Assembly Organization.

AJR115,1,1 Relating to: address to remove Justice Michael J. Gableman from office.

AJR115,1,2 ADDRESS

AJR115,1,6 Whereas, article VII, section 13, of the Wisconsin Constitution provides that any justice may be removed from office by address of both houses of the legislature, if two-thirds of the members elected to each house concur in the justice's removal by address; and

AJR115,1,10 Whereas, article VII, section 13, of the Wisconsin Constitution requires that, before being removed from office by address, a justice must receive a copy of the charges that are the grounds for his or her removal by address and be given an opportunity to be heard on the charges; and

AJR115,2,2 Whereas, Wisconsin Supreme Court Justice Michael J. Gableman did not pay for legal services provided for him by the law firm of Michael Best & Friedrich, LLP, from July 2008 to July 2010 regarding the case of Wisconsin Judicial Commission v. Michael J. Gableman, 2010 WI 61; and

AJR115,2,6 Whereas, Justice Gableman violated the standards of conduct for state public officials under section 19.45 (3) of the statutes by accepting free legal services from Michael Best & Friedrich, LLP, which can reasonably be expected to influence his official actions or judgment; and

AJR115,2,9 Whereas, after retaining and accepting free legal services from Michael Best & Friedrich, LLP, Justice Gableman participated in the following 11 cases before the Wisconsin Supreme Court involving other clients of Michael Best & Friedrich, LLP:

AJR115,2,11 1. State of Wisconsin ex rel. Ismael R. Ozanne v. Jeff Fitzgerald, et al., 2011 WI 43, 334 Wis. 2d 70, 798 N.W.2d 436.

AJR115,2,13 2. Godoy ex rel. Gramling v. E. I. Du Pont de Nemours and Co., 2009 WI 78, 319 Wis. 2d 91, 768 N.W.2d 674.

AJR115,2,14 3. Zellner v. Herrick, 2009 WI 80, 319 Wis. 2d 532, 770 N.W.2d 305.

AJR115,2,16 4. Estate of Sheppard ex rel. McMorrow v. Schleis, 2010 WI 32, 324 Wis. 2d 41, 782 N.W.2d 85.

AJR115,2,18 5. Milwaukee Symphony Orchestra, Inc. v. Wisconsin Department of Revenue, 2010 WI 33, 324 Wis. 2d 68, 781 N.W.2d 674.

AJR115,2,19 6. Ehlinger v. Hauser, 2010 WI 54, 325 Wis. 2d 287, 785 N.W.2d 328.

AJR115,2,21 7. Maryland Arms Limited Partnership v. Connell, 2010 WI 64, 326 Wis. 2d 300, 786 N.W.2d 15.

AJR115,2,23 8. Metropolitan Milwaukee Association of Commerce, Inc. v. City of Milwaukee, 2010 WI 122, 329 Wis. 2d 537, 789 N.W.2d 734.

AJR115,2,25 9. Nestle USA, Inc. v. Wisconsin Department of Revenue, 2011 WI 4, 331 Wis. 2d 256, 795 N.W.2d 46.

AJR115,3,2 10. Andersen v. Wisconsin Department of Natural Resources, 2011 WI 19, 332 Wis. 2d 41, 796 N.W.2d 1.

AJR115,3,4 11. Metropolitan Associates v. City of Milwaukee, 2011 WI 20, 332 Wis. 2d 85, 796 N.W.2d 717; and

AJR115,3,7 Whereas, in multiple instances, after receiving free legal services from Michael Best & Friedrich, LLP, Justice Gableman cast the deciding vote in cases involving parties represented by Michael Best & Friedrich, LLP; and

AJR115,3,12 Whereas, by accepting free legal services from Michael Best & Friedrich, LLP, and later ruling in cases involving parties represented by Michael Best & Friedrich, LLP, Justice Gableman violated the Code of Judicial Conduct under Supreme Court Rules 60.03 (1) by failing to act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary; and

AJR115,3,18 Whereas, by accepting free legal services from Michael Best & Friedrich, LLP, and later ruling in cases involving parties represented by Michael Best & Friedrich, LLP, Justice Gableman violated the Code of Judicial Conduct under Supreme Court Rules 60.05 (4) by engaging in financial dealings that can reasonably be perceived to exploit his judicial position and that involve frequent transactions with lawyers or other persons likely to come before the Wisconsin Supreme Court; and

AJR115,3,22 Whereas, the fact that Justice Gableman ruled in cases involving parties represented by the law firm of Michael Best & Friedrich, LLP, after he received free legal services from the law firm is misconduct for which Justice Gableman may be removed by address from his office; and

AJR115,4,2 Whereas, pursuant to article VII, section 13, of the Wisconsin Constitution and section 17.06 (2) of the statutes, this resolution specifies the charges against Justice Michael J. Gableman alleging misconduct for which Justice Gableman may be removed by address; and

AJR115,4,6 Whereas, pursuant to article VII, section 13, of the Wisconsin Constitution and section 17.06 (2) of the statutes, Justice Michael J. Gableman has received a copy of this resolution and been given an opportunity to be heard on the charges specified in the resolution; now, therefore, be it

AJR115,4,11 Resolved by the assembly, the senate concurring, That pursuant to article VII, section 13, of the Wisconsin Constitution and section 17.06 (1) and (2) of the statutes, the Wisconsin Legislature finds Justice Michael J. Gableman has committed misconduct in the performance of his duties as a Wisconsin Supreme Court justice; and, be it further

AJR115,4,15 Resolved, That Wisconsin Supreme Court Justice Michael J. Gableman is hereby removed by address from his office. The assembly chief clerk shall present copies of this resolution to Justice Michael J. Gableman and to the chief justice of the Wisconsin Supreme Court.

AJR115,4,16 (End)