University of Denver

Wisconsin: Numbers May Prevent Disciplinary Complaint Against Justice

Former Senior Director

Numbers may prevent a disciplinary complaint against Justice David Prosser from going any further. Prosser formally requested that two justices recuse themselves from consideration of the complaint against him, and he asked personally that two other justices recuse themselves, on the grounds that these justices were witnesses to the incident that gave rise to the complaint. According to the state’s judicial disciplinary process, a three-judge panel of court of appeals judges holds a trial on such complaints and recommends to the supreme court what, if any, disciplinary action should be taken, but a quorum of four members of the seven-member supreme court would be required to decide how to act on any recommendation.