Latest news with #Protasiewicz
Yahoo
13-02-2025
- Politics
- Yahoo
Justice Janet Protasiewicz rejects calls to recuse herself from Act 10 public unions case
MADISON – For the second time since joining the state's highest court, the panel's newest justice has rejected calls from Republican legislative leaders to step away from a lawsuit before the court — this time over the future of the state's controversial law known as Act 10. Wisconsin Supreme Court Justice Janet Protasiewicz, a member of the court's liberal majority, is refusing calls from GOP lawmakers to recuse from a case challenging the collective bargaining law that she had criticized and protested in 2011 and called unconstitutional on the campaign trail. Protasiewicz said Wednesday in an order denying the lawmakers' request that her past criticisms do not meet the benchmark for recusal. "(The Legislature) fails to cite a single case holding that a judge's family background and/or past activities can amount to a 'significant personal interest' that disqualify her from participating in a proceeding," Protasiewicz wrote. "There is no such case. If that were the rule, then a justice related to a doctor could be disqualified from medical malpractice cases. Former NRA members could be disqualified from Second Amendment cases. Participants in free speech rallies could be disqualified from First Amendment cases. Justices who voted in elections could be disqualified from cases challenging the election results. Where would it end?" Her order was issued the same time the court denied a motion to hear an appeal in the case before it went through lower courts. Protasiewicz's decision comes two weeks after conservative state Supreme Court Justice Brian Hagedorn issued an order announcing he would recuse from the same case, citing his work drafting the law at the heart of the legal challenge. In the Jan. 30 court filing, Hagedorn said he determined that "the law requires" him to recuse himself from the case involving Act 10, which was signed into law by former Gov. Scott Walker in 2011 and drew massive protests. Hagedorn provided legal counsel in both creating the legislation and later defending Act 10 once it became law when he served as Walker's chief legal counsel. "After reviewing the filings and the various ethical rules I am sworn to uphold, I have concluded that the law requires me to recuse from this case," Hagedorn wrote. In their Jan. 28 motion to seek Protasiewicz's recusal, Senate Majority Leader Devin LeMahieu and Assembly Speaker Robin Vos cited Protasiewicz's past comments about the law, including telling the Milwaukee Journal Sentinel during her 2023 campaign she would consider recusing from the case if elected. She told the Journal Sentinel in March 2023 she would "have to think about it," when asked if she would consider recusing from a potential Act 10 challenge. "Given the fact that I marched, given the fact that I signed the recall petition, would I recuse myself? Maybe. Maybe. But I don't know for sure." LeMahieu and Vos in the motion to the court referenced those comments and said their filing "asks her to do what she acknowledged to be right and ethical: step aside on this case." Protasiewicz wrote Wednesday that by answering "maybe" to whether she would recuse, she "showed that I had not yet formed an opinion on the merits of any hypothetical, future Act 10 case." The court's liberal bloc holds a 4-3 majority, and Hagedorn's recusal subtracts a conservative from that equation. Hagedorn said in his January order that recusal from a case "should be rare — done only when the law requires it." But he added that recusal "is not optional when the law commands it." Protasiewicz said the law does not require her to step aside. In 2023 she also rejected calls to step away from lawsuits before the court involving the state's legislative maps. "The reality is, judges are human," she wrote. "They all have personal experiences. Some experiences may pertain to cases that come before the court. Judges come to the bench after practicing law for many years. During their legal careers, they form opinions about the law and the constitution. That does not prove that they are biased." Molly Beck can be reached at This article originally appeared on Milwaukee Journal Sentinel: Janet Protasiewicz rejects calls to recuse herself from Act 10 case
Yahoo
30-01-2025
- Politics
- Yahoo
Justice Brian Hagedorn recuses himself from the Act 10 case before the Wisconsin Supreme Court
WASHINGTON – Conservative Wisconsin Supreme Court Justice Brian Hagedorn on Thursday said he will recuse himself from a lawsuit before the court that could determine the future of collective bargaining for public workers in Wisconsin. In a court filing, Hagedorn said he determined that "the law requires" him to recuse himself from the case involving a controversial law known as Act 10, which was signed into law by former Gov. Scott Walker in 2011 and drew massive protests. Hagedorn provided legal counsel in both creating the legislation and later defending Act 10 once it became law when he served as Walker's chief legal counsel. "After reviewing the filings and the various ethical rules I am sworn to uphold, I have concluded that the law requires me to recuse from this case," Hagedorn wrote. The move is the latest development in a fight over the law that has seen leaders from both parties in the state demand two justices of opposite ideologies remove themselves from the case. Wisconsin Republicans have gone to court in an effort to force liberal state Supreme Court Justice Janet Protasiewicz to remove herself from the case, citing in part Protasiewicz's past comments about the law, including those saying she believed the law was unconstitutional. At the same time, Democrats had called on Hagedorn to recuse himself over his ties to Act 10. Hagedorn's move on Thursday will turn the attention to Protasiewicz. The court's liberal bloc holds a 4-3 majority, and Hagedorn's recusal subtracts a conservative from that equation. Her answer remains up in the air. She has declined to participate in an order allowing GOP legislative leaders to intervene in the case, raising questions about whether she will join Hagedorn in recusing. Protasiewicz told the Milwaukee Journal Sentinel editorial board during her bid for the court in 2023 that her opposition to the law, including participating in protests in 2011 and signing a recall petition of Walker, might result in a recusal if she was elected to the court. In March 2023, Protasiewicz said she would "have to think about it," when asked if she would consider recusing from a potential Act 10 challenge. "Given the fact that I marched, given the fact that I signed the recall petition, would I recuse myself? Maybe. Maybe. But I don't know for sure." Protasiewicz also said she believes the law is unconstitutional and agreed with a dissenting opinion written in 2014 by liberal Justice Ann Walsh Bradley in a decision that upheld Walker's signature legislation. Walsh Bradley wrote in the dissent that the majority opinion diluted public workers' constitutional right to freedom of association. "I agree with the dissent in that case," Protasiewicz said. Republican Senate Majority Leader Devin LeMahieu and Assembly Speaker Robin Vos in a recent motion to the court referenced those comments and said their filing "asks her to do what she acknowledged to be right and ethical: step aside on this case." On Thursday, Hagedorn said recusal from a case "should be rare — done only when the law requires it." But he added that recusal "is not optional when the law commands it." Molly Beck of the Journal Sentinel contributed. This article originally appeared on Milwaukee Journal Sentinel: Justice Brian Hagedorn recuses himself from Wisconsin Act 10 case
Yahoo
28-01-2025
- Politics
- Yahoo
Wisconsin Republicans ask liberal Supreme Court Justice to step aside in union case
MADISON, Wis. (AP) — The Republican-controlled Wisconsin Legislature on Tuesday asked that a liberal state Supreme Court justice step aside in a pending case that seeks to overturn a 2011 law that effectively ended collective bargaining for most state workers. If Justice Janet Protasiewicz agrees not to hear the case, the court would be deadlocked 3-3 between liberals and conservatives. The lawsuit has massive implications for union rights in the battleground state, the court would be deadlocked 3-3 between liberals and conservatives. A Dane County Circuit judge last month overturned the bulk of the law, saying it violates equal protection guarantees in the Wisconsin Constitution by dividing public employees into 'general' and 'public safety' employees. Under the ruling, all public sector workers who lost their collective bargaining power would have it restored to what was in place before 2011. See for yourself — The Yodel is the go-to source for daily news, entertainment and feel-good stories. By signing up, you agree to our Terms and Privacy Policy. The judge put the ruling on hold pending the appeal. School workers unions that brought the lawsuit have asked the Supreme Court to take it directly, skipping the appeals court. The Wisconsin Supreme Court, controlled 4-3 by liberals, has not yet decided whether to take the case. Republicans enacted the law in the face of massive protests 14 years ago that made Wisconsin the center of the national fight over union rights. The debate also catapulted then-Gov. Scott Walker onto the national stage, sparked an unsuccessful recall campaign and laid the groundwork for his failed 2016 presidential bid. The law's adoption led to a dramatic decrease in union membership across the state. Protasiewicz is the court's newest member and ran in 2023 as an opponent of the union law, known as Act 10. Her victory gave liberals the majority on the court for the first time in 15 years. That majority is on the line again in the April 1 Supreme Court election to fill the seat of a retiring liberal justice. Protasiewicz said during the campaign that she believes Act 10 is unconstitutional. She also told the Milwaukee Journal Sentinel that she would consider recusing herself from any case challenging the law. Protasiewicz participated in protests against it and signed the petition to recall Walker. The Legislature's top Republicans, Senate Majority Leader Devin LeMahieu and Assembly Speaker Robin Vos, said Tuesday that it would be 'right and ethical' for her to step aside. Protasiewicz did not return an email from The Associated Press asking if she would recuse herself, a decision that is entirely hers. She is not the only justice on the court with a potential conflict. Conservative Justice Brian Hagedorn was Walker's chief legal counsel and had a role in drafting Act 10. During his successful run for the court in 2015, Hagedorn would not promise to recuse himself if a case challenging Act 10 came before the court. No request has been filed for Hagedorn to step aside. If both Protasiewicz and Hagedorn recused themselves, liberals would have a 3-2 advantage. The attorney for the unions that brought the lawsuit did not immediately return a message seeking comment. Supporters of the law have said it provided local governments more control over workers and the powers they needed to cut costs. Repealing the law, which allowed schools and local governments to raise money through higher employee contributions for benefits, would bankrupt those entities, backers of Act 10 have argued. Democratic opponents argue that the law has hurt schools and other government agencies by taking away the ability of employees to collectively bargain for their pay and working conditions.
Associated Press
28-01-2025
- Politics
- Associated Press
Wisconsin Republicans ask liberal Supreme Court Justice to step aside in union case
MADISON, Wis. (AP) — The Republican-controlled Wisconsin Legislature on Tuesday asked that a liberal state Supreme Court justice step aside in a pending case that seeks to overturn a 2011 law that effectively ended collective bargaining for most state workers. If Justice Janet Protasiewicz agrees not to hear the case, the court would be deadlocked 3-3 between liberals and conservatives. The lawsuit has massive implications for union rights in the battleground state, the court would be deadlocked 3-3 between liberals and conservatives. A Dane County Circuit judge last month overturned the bulk of the law, saying it violates equal protection guarantees in the Wisconsin Constitution by dividing public employees into 'general' and 'public safety' employees. Under the ruling, all public sector workers who lost their collective bargaining power would have it restored to what was in place before 2011. The judge put the ruling on hold pending the appeal. School workers unions that brought the lawsuit have asked the Supreme Court to take it directly, skipping the appeals court. The Wisconsin Supreme Court, controlled 4-3 by liberals, has not yet decided whether to take the case. Republicans enacted the law in the face of massive protests 14 years ago that made Wisconsin the center of the national fight over union rights. The debate also catapulted then-Gov. Scott Walker onto the national stage, sparked an unsuccessful recall campaign and laid the groundwork for his failed 2016 presidential bid. The law's adoption led to a dramatic decrease in union membership across the state. Protasiewicz is the court's newest member and ran in 2023 as an opponent of the union law, known as Act 10. Her victory gave liberals the majority on the court for the first time in 15 years. That majority is on the line again in the April 1 Supreme Court election to fill the seat of a retiring liberal justice. Protasiewicz said during the campaign that she believes Act 10 is unconstitutional. She also told the Milwaukee Journal Sentinel that she would consider recusing herself from any case challenging the law. Protasiewicz participated in protests against it and signed the petition to recall Walker. The Legislature's top Republicans, Senate Majority Leader Devin LeMahieu and Assembly Speaker Robin Vos, said Tuesday that it would be 'right and ethical' for her to step aside. Protasiewicz did not return an email from The Associated Press asking if she would recuse herself, a decision that is entirely hers. She is not the only justice on the court with a potential conflict. Conservative Justice Brian Hagedorn was Walker's chief legal counsel and had a role in drafting Act 10. During his successful run for the court in 2015, Hagedorn would not promise to recuse himself if a case challenging Act 10 came before the court. No request has been filed for Hagedorn to step aside. If both Protasiewicz and Hagedorn recused themselves, liberals would have a 3-2 advantage. The attorney for the unions that brought the lawsuit did not immediately return a message seeking comment. Supporters of the law have said it provided local governments more control over workers and the powers they needed to cut costs. Repealing the law, which allowed schools and local governments to raise money through higher employee contributions for benefits, would bankrupt those entities, backers of Act 10 have argued.
