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Report: (WI SC Justice) Prosser grabbed fellow court justice's neck during argument
JS Online ^ | 6/25/11 | Bill Lueders

Posted on 06/25/2011 5:41:48 PM PDT by randita

Report: Prosser grabbed fellow court justice's neck during argument

By Bill Lueders, Wisconsin Center for Investigative Journalism

Updated: June 25, 2011 11:01 a.m. |(854) Comments

Wisconsin Supreme Court Justice David Prosser allegedly grabbed fellow Justice Ann Walsh Bradley around the neck in an argument in her chambers last week, according to at least three knowledgeable sources.

Details of the incident, investigated jointly by Wisconsin Public Radio and the Wisconsin Center for Investigative Journalism, remain sketchy. The sources spoke on the condition that they not be named, citing a need to preserve professional relationships.

They say an argument that occurred before the court’s release of a decision upholding a bill to curtail the collective bargaining rights of public employees culminated in a physical altercation in the presence of other justices. Bradley purportedly asked Prosser to leave her office, whereupon Prosser grabbed Bradley by the neck with both hands.

Justice Prosser, contacted Friday afternoon by the Center, declined to comment: “I have nothing to say about it.” He repeated this statement after the particulars of the story — including the allegation that there was physical contact between him and Bradley — were described. He did not confirm or deny any part of the reconstructed account.

Bradley also declined to comment, telling WPR, “I have nothing to say.”

The sources say Capitol Police Chief Charles Tubbs was notified of the incident. One source says Tubbs came in to meet with the entire Supreme Court about this matter. Tubbs, contacted by Wisconsin Public Radio, declined to comment.

Sources also say the matter was called to the attention of the Wisconsin Judicial Commission, which investigates allegations of misconduct involving judges. James Alexander, executive director of the commission, said Friday that “we can neither confirm nor deny” that the incident was under investigation. “The commission hasn’t given me any authority to make any confirmation.”

Amanda Todd, spokesperson for the court, sent an email to the full court on Friday afternoon informing them of the Center’s media inquiries on the matter. Reporters also contacted each justice individually. As of the end of day Friday, none of the justices had commented.

The Journal Sentinel reached out to all of the justices Saturday. Neither Bradley nor Prosser returned calls, and the other five justices either didn't return calls or declined to comment.

It is unclear what day the incident took place. Sources say it happened last week, before the court’s release of its ruling on the collective bargaining case. The decision was released on the afternoon of June 14.

The Judicial Commission was created by the Supreme Court in 1971 to “discipline and correct judges who engage in conduct which has an adverse effect upon the judicial administration of justice and the confidence of the public and the judiciary and its process.” It investigates possible violations of the Code of Judicial Conduct, officially Chapter 60 of the Supreme Court Rules, with ultimate decisions on discipline being imposed by the Wisconsin Supreme Court.

Chapter 60 states that judges are required to “uphold the integrity and independence of the judiciary” and “avoid impropriety and the appearance of impropriety” in all activities. And Chapter 62 requires judges and other court personnel to “be civil in their dealings with one another” and “abstain from any conduct that may be characterized as uncivil, abrasive, abusive, hostile or obstructive.”

Judicial Commission investigations are confidential, unless it issues a formal complaint against a judge. But the commission’s rules also state, “Should a complaint or investigation become known to the public, the Commission may issue a brief statement to confirm its pendency, clarify the procedural aspects of the proceedings, state that the judge denies the allegations,” and provide other basic information.

Prosser, 68, a former Republican legislator who served as Assembly Speaker, was appointed to the court in 1998 by Gov. Tommy Thompson. He won a high-profile April election that was often cast as a referendum of sorts on the policies of Republican Gov. Scott Walker, including his effort to strip most collective bargaining rights from public employees. Prosser, after a recount, defeated challenger JoAnne Kloppenburg by 7,000 votes out of nearly 1.5 million cast.

The decision was released late in the afternoon June 14, only eight days after the court heard oral arguments on the case. On June 13, Assembly Speaker Jeff Fitzgerald, R-Horicon, had suggested that the court could rule on the matter soon, saying his party intended to introduce the changes as a budget amendment the following day if the court did not act by then.

The 4-3 decision, which held that Dane County Judge Maryann Sumi overstepped her authority in voiding the bill, was notably contentious. Chief Justice Shirley Abrahamson wrote a stinging dissent chiding the majority for “hastily reaching judgment” on a ruling that was “disingenuous, based on disinformation,” “lacking a reasoned, transparent analysis” and laden with “numerous errors of law and fact.”

Abrahamson singled out Prosser for criticism, calling his concurrence “long on rhetoric and long on story-telling that appears to have a partisan slant. Like the order, the concurrence reaches unsupported conclusions.” She said the ruling “seems to open the court unnecessarily to the charge that the majority has reached a pre-determined conclusion not based on the facts and the law… .”

Prosser acknowledged in March that he called Chief Justice Shirley Abrahamson a "bitch" and threatened to "destroy" her during a closed-door meeting.

At the time, Prosser told the Journal Sentinel that the outburst to Abrahamson came after the chief justice took steps to undermine him politically and to embarrass him and other court conservatives.

"In the context of this, I said, 'You are a total bitch," Prosser said. "I probably overreacted, but I think it was entirely . . . warranted. They (Abrahamson and Bradley) are masters at deliberately goading people into perhaps incautious statements. This is bullying and abuse of very, very long standing."

In a March interview Bradley said Prosser had flashes of extreme anger on and off over the years.

“It’s been going on for years off and on,” she said in March of Prosser’s outbursts.

After Prosser's outburst, Bradley sent an email to him and other justices saying the behavior was unacceptable. She said this March that from the time of her email until then there had been no incidents of similar magnitude.

She said she sent the email in an effort to stop Prosser from behaving inappropriately.

“I’ve been trying over the years to (figure out) best how to deal with it and one way is to call it out, and that’s what this email was,” Bradley said in March. “I’ve thought of other ways that have been unsuccessful. This was to describe it as it is and then you can deal with it.”

At the time of Prosser's outburst to Abrahamson, Bradley said she considered going to law enforcement.

It “crossed my mind but I didn’t want to do it,” she said.

“This…for me at least in part is about the institution,” she added. “This behavior shouldn’t be occurring at the workplace.”

An hour and a half before sending her Feb. 18, 2010 email to all the justices, Bradley sent an email to Abrahamson and Justice N. Patrick Crooks expressing her frustration with Prosser’s outbursts.

“As you both know, I am no longer willing to tolerate Prosser’s abusive behavior,” Bradley wrote. “I have been at a loss just how to proceed.”

Patrick Marley and Sharif Durhams of the Journal Sentinel staff as well as Center reporter Kate Golden and Wisconsin Public Radio reporters Gil Halsted and Teresa Shipley contributed to this report.

The nonprofit Wisconsin Center for Investigative Journalism (www.WisconsinWatch.org) also collaborates with Wisconsin Public Television, the UW-Madison School of Journalism and Mass Communication and other news media. Bill Lueders is at blueders@wisconsinwatch.org.


TOPICS: Government; News/Current Events; US: Wisconsin
KEYWORDS: justiceprosser; prosser; wi; yeahright
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To: rephope

Aw, go ahead and depose both Bradley and Prosser on Court TV. This ought to be interesting.


41 posted on 06/25/2011 6:21:50 PM PDT by HiTech RedNeck (Hawk)
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To: XenaLee

Even if he was getting hot headed, it would have been very easy for Prosser to get some literal chill pills from the capitol doctor and nobody would have told. It probably takes a double dose of Xanax just to be able to stomach Bradley.


42 posted on 06/25/2011 6:24:26 PM PDT by HiTech RedNeck (Hawk)
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To: bigheadfred

lol funny!


43 posted on 06/25/2011 6:26:18 PM PDT by dennisw (NZT - "works better if you're already smart")
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To: randita

Sounds like the commie lib fags are still pissed off their Klipity Klop woman lost. This is bull****.


44 posted on 06/25/2011 6:27:16 PM PDT by FlingWingFlyer (When the going gets tough, the tough check themselves into "rehab".)
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To: rephope
My confidence in Judge Prosser his upheld totally. He was physically attacked by one of the Stalinists.

That's so typical of those people.

45 posted on 06/25/2011 6:30:07 PM PDT by muawiyah
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To: muawiyah

Prosser just issued statement saying false allegations are being made:

http://www.jsonline.com/news/statepolitics/124548038.html


46 posted on 06/25/2011 6:36:06 PM PDT by rephope
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To: rephope
Late Saturday, Prosser issued a statement that said: "Once there's a proper review of the matter and the facts surrounding it are made clear, the anonymous claim made to the media will be proven false. Until then I will refrain from further public comment."
47 posted on 06/25/2011 6:39:34 PM PDT by randita
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To: rfp1234

I agree. They are attempting everything. I hope one of these fools has a case before him.


48 posted on 06/25/2011 6:51:32 PM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: muawiyah

If that’s what went down it’s bad enough, but for Ms. Bradley’s cheerleaders to then twist the story to make it look like Mr. Prosser grabbed her neck, and for Ms. Bradley herself not to promptly put paid to that twisted story — it’s even worse.

If the GOP had guts they’d call for Ms. Bradley to be recalled. No, wait, maybe the state budget could be helped by putting videos of the court on pay per view — and there would be money enough that school teachers could get their bargained benefits back! Win/win... why not?


49 posted on 06/25/2011 6:53:07 PM PDT by HiTech RedNeck (Hawk)
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To: randita

Liberals lie and eternally play the victim. I don’t believe a word of this.


50 posted on 06/25/2011 7:02:29 PM PDT by jwalsh07
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To: HiTech RedNeck
I'm sure Bradley attacked him in a fit of rage and anger.

She should resign immediately.

51 posted on 06/25/2011 7:02:50 PM PDT by muawiyah
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To: randita
May be a continuing witch hunt to get rid of this guy.

Wasn't he just returned to office in a contentious election?

52 posted on 06/25/2011 7:07:29 PM PDT by SuziQ
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To: muawiyah

Aww, pay per view would be so much more entertaining. Prosser could then tell her “Now be quiet, or I will taunt you a second time” while Bradley gives him a look that could kill.


53 posted on 06/25/2011 7:09:00 PM PDT by HiTech RedNeck (Hawk)
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To: randita
He is hot-headed, though not unusually so. You can bet the provocation was highly unusual, but the zero-thinking, er, I mean, of course, "zero tolerance" ideals of these oh-so neutral journalistic voices don't exercise their freedom to go on background on the bullying tactics of the madam justice in the story.

All in all, not encouraging of our hopes of avoiding an eventual uncivil war.

54 posted on 06/25/2011 7:13:30 PM PDT by Prospero (non est ad astra mollis e terris via)
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To: randita

Hatched job by the Journal. Ran story tonight walking the whole thing back

prosser: Reports false that he placed hands on neck of other justice
By Crocker Stephenson of the Journal Sentinel
8:12 p.m. | (52) Comments
Wisconsin Supreme Court Justice David Prosser responded to reports Saturday that he had placed his hands around the neck of fellow Justice Ann Walsh Bradley during an argument in her office earlier this month:

“Once there’s a proper review of the matter and the facts surrounding it are made clear, the anonymous claims made to the media will be proven false,” he said.

“Until then, I will refrain from further public comment.”


55 posted on 06/25/2011 7:27:49 PM PDT by UB355 (Slower traffic keep right)
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To: muawiyah

If he is serious about liberty and is seeing the communists on the court make their move, maybe he did get angry enough to grab the pinko by the neck.


56 posted on 06/25/2011 7:47:18 PM PDT by SaraJohnson
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To: randita

Bump for later reading.


57 posted on 06/25/2011 7:49:35 PM PDT by OldMissileer (Atlas, Titan, Minuteman, PK. Winners of the Cold War)
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To: rephope

False accusations by anonymous unionistas?

Heaven forfend!


58 posted on 06/25/2011 8:13:16 PM PDT by Hunton Peck (See my FR homepage for a list of businesses that support WI Gov. Scott Walker)
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To: jwalsh07

As a Prosser supporter I must say this goes beyond crazy...the libs want him out and it looks like they’ll do whatever to make it happen.

But I will say this. IF the story changes to both Judges having a physical altercation its time for Govenor Walker and the WI Legislature to put an end to this. Either both resign or impeachment proceedings begin.

Walker picks 2 new justices and the balance of the Court becomes 5-2 conservative.


59 posted on 06/25/2011 8:25:54 PM PDT by MNlurker
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To: rfp1234

“The sources spoke on the condition that they not be named”

In other words: GOSSIP


60 posted on 06/25/2011 8:31:16 PM PDT by Blackhawk45 (Diversity = Racism)
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