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.
Look at the source. When I see an indictment, I’ll believe it.
agreed. but it looks like trouble to me.
Of course. Getting caught lying about something like this would definitely damage one's professional relationships.
But if this is proven to be true, Prosser should be flushed immediately. We would demand the same treatment of a DemocRAT.
SAY SOMETHING BAD ABOUT MY CUTE BUTT.
I would have been a natural reaction for Prosser to put up his arms to deflect the charge, but it would have been better if he had not done that, but instead just stand his ground with hands at sides and taken a couple of punches. Lesson for next time, I hope.
How would they “get rid of him”? He was elected and his victory confirmed. He were to resign, etc, walker would simply appoint another Conservative to fill his term until the next election.
There's no evidence that anything at all happened.
At the same time I wouldn't put it past one of the two old Stalinist warhorses on the WISC to physically attack someone ~ they kill babies don't they?
I work in Madison, and get to hear more of the craziness every day.
1. When a football or hockey team is getting blown out, and tempers flare up. The winning team NEVER acts irrational and violent. It is a frustrated lunge by the losers, who have nothing to lose by such behavior. Prosser is on the winning team. Bradley is on the losing team.
2. Before this two-week old alleged event was released, the news was dominated by Dem. Sen Fred Clark remarking after a contentious phone call for support that he should “call her back and smack her upside the head.” It was caught on the woman’s answering machine (she is a nurse) and is being used in ads in the recall election against Clark.
3. Kloppenberg ran for Prosser’s spot, and did not stop thge Unionistas from treating this as a legislative type campaign, “Elect her because she’ll vote the right way.” Kloppenberg made a fool of herself repeatedly from election night on, lying CONSTANTLY. There is no reason to believe that the other Dems on the court have any more integrity.
4. Besides the Clark episode, the Dems tried to claim that a former pro-gun state senator ran over the personal belongingings of a Dem protestor WITH HIS WHEELCHAIR! In fact, video shows he was pretty much surrounded and was trying to get away. (He was, however, yelling “Walker for President”)
5. June 14 was the day that the legislature was going to revote on the Union bill, July 1 is the day the law would take effect, along with the new budget. The chief justice holding back a prepared decision for that long could only be political. Sounds like Prosser called her on it and Bradley didn’t like it.
6. The crazy UW students, Unionistas, and imported rent-a-union-mob types have been a net minus for most folks outside of Madistan. They are doing whatever they can to drag the good guys into the mud. They are still smarting because local talk radio, Drudge, and Michelle Malkin forced coverage of these whackos purposefully disrupting a SPECIAL OLYMPICS AWARD CEREMONY, and refusing to apologize, because the governor presided over it. NPR had a feture on this whole thing yesterday. Clark was covered extensively, with no mention of his “smacking” comment. Their approach was to blame Walker for proposing the legislation. As far as NPR was concerned, the contentiousness was on both wides because the conservatives send hate mail calling the lib a “jack wad.” EVen by NPR’s reporting the lefty toconservative e-mails contained a steady stream of words that cannot be said on the radio, nor in print.
7. Madison’s radio coverage on WIBA with Vicky McCKenna during afternoon drive time is outstanding. Unfortunately, web streams can no longer be offered because her show is recorded and edited by leties who splice the audio to make fake recording that they use as a basis for FCC complaints, costing the radio station money and trouble. THEY LIE.
Thanks for the detailed on the ground report. Enlightening, but not surprising in the least. What ever happened to the woman (pre-school teacher, I believe) who sent all those death threat e-mails to Walker and GOP Senators?
Gnu Yak Times doing their best to slam Prosser to even the court. Earth to GYT, Ain’t gonna work, it was the two “Other Ones” who started it...
Even the New York Times is saying it looks like she charged Prosser in a fight. I’m guessing she’s exaggerating the neck thing.
Great, new Byron York article examining all of the factual problems with the allegations against Prosser (and the links between all of the Soros groups reporting the story):
http://www.freerepublic.com/focus/news/2740117/posts?page=1
The libhags are deliberately provoking him to ellicit a temper fit. They’re hoping for that and counting on him to lose it so they can use it to get rid of him. He should be smart enough to know that and play their game back at them. Goad THEM and get THEM to blow a fuse, in front of witnesses. It’s easy enough to do with over-emotional lefties. In fact, it’s a cinch.
One problem.
It wouldn't be their fault. It would be yours.
Since you goaded them.
Liberals are never at fault. Remember?
The lefties are launching similar attacks at other conservatives. Look at how they’re demonizing Thomas. They’ll try to get rid of every conservative via slander, if they can’t defeat them by cheating at elections. And trust me....they’re just getting started.
Conservatives better be aware that their every move and word will be used against them and even if they don’t do or say anything wrong, they’ll be falsely accused.
Bet on it.
I guarantee if you get one of them mad enough to hit you in front of witnesses, it would be them going to jail....
not you.
The problem will cure itself
.
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