Wisconsin Judicial Commission v. Michael J. Gableman
Appeal Number 2008AP002458 - J
Supreme Court
CASE HISTORY
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Status
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Court
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Filing Date
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Anticipated Due Date
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Activity
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OCCD
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SC
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08-13-2010
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Remittitur
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OCCD
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SC
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07-06-2010
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Letter/Correspondence
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OCCD
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SC
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06-30-2010
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Published Opinion Citation
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325 Wis. 2d 631
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OCCD
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SC
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06-30-2010
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Published Opinion Citation
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325 Wis. 2d 579
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OCCD
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SC
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06-30-2010
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Published Opinion Citation
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784 N.W.2d 631
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OCCD
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SC
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06-30-2010
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Published Opinion Citation
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784 N.W.2d 605
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OCCD
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SC
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06-30-2010
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Opinion: Miscellaneous Order
Decision: Other Order Pages: 57 Order Text: Chief Justice Shirley S. Abrahamson, Justice Ann Walsh Bradley and Justice N. Patrick Crooks conclude that by publishing the advertisement at issue, Justice Gableman willfully violated the first sentence of SCR 60.06(3)(c) and engaged in judicial misconduct pursuant to Wis. Stat. 757.81(4)(a). By means of the advertisement that he personally reviewed and checked out, Justice Gableman knowingly or with reckless disregard for the statements' truth or falsity misrepresented a fact concerning an opponent within the meaning of SCR 60.06(3)(c). We further conclude that the rule emphasized in Garrison v. Louisiana and explicitly maintained in cases thereafter is determinative here: False statements knowingly made or false statements made in reckless disregard of their truth or falsity are not protected by the First Amendment. Because SCR 60.06(3)(c) incorporates this standard, its application to judicial discipline in the present case does not violate the First Amendment. It is clear that the court is equally divided regarding the disposition of the matter. No four justices have voted either to accept or to reject the Judicial Conduct Panel's recommendations, nor have four justices agreed on Justice Gableman's motion for summary judgment or any disposition of the Judicial Commission's complaint. No action can therefore be taken on the Panel's recommendation. The Judicial Commission has failed to obtain a majority of justices to reject the recommendation of the Panel. Under these circumstances, the Panel is relieved of any further responsibility in this matter, and we remand the matter to the Judicial Commission with directions to request a jury hearing, in accord with Wis. Stat. 757.87, 757.89, and 805.08. |
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OCCD
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SC
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06-30-2010
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Opinion: Miscellaneous Order
Decision: Other Order Pages: 37 Order Text: Justice David T. Prosser, Justice Patience Drake Roggensack and Justice Annette Kingland Ziegler agree with the recommendation of the three-judge Judicial Conduct Panel that the Wisconsin Judicial Commission's complaint against Justice Michael J. Gableman must be dismissed. The campaign advertisement that gave rise to the Commission's complaint against Justice Gableman and the governmental rule, SCR 60.06(3)(c), by which the Commission seeks to punish Justice Gableman for that advertisement must be examined under strict scrutiny because that is the standard required by the First Amendment according to the United States Supreme Court. Republican Party of Minnesota v. White, 536 U.S. 765, 788 (2002); Federal Election Comm'n v. Wisconsin Right to Life, Inc., 551 U.S. 449, 469 (2007). Under this standard, truthful statements cannot be punished. All parties agree that the facts are not in dispute and that all of the statements in the advertisement are true. Accordingly, we agree with the Panel that the undisputed facts demonstrate Justice Gableman did not violate SCR 60.06(3)(c). |
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OCCD
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SC
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06-30-2010
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Public Domain Citation
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Comment: PDC No: 2010 WI 62
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OCCD
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SC
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06-30-2010
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Public Domain Citation
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Comment: PDC No: 2010 WI 61
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OCCD
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SC
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06-30-2010
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Judicial Commission Complaint
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OCCD
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SC
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04-16-2010
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Motion for Miscellaneous Relief
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Filed By: Don Millis
Submit Date: 4-16-2010 Decision: (D) Deny Decision Date: 5-19-2010 ORD that the motion is denied as untimely. See Wis. Stat. (Rule) 809.19(7)(c). Abrahamson, C.J., and Crooks, J., dissent. Gableman, J., did not participate. |
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OCCD
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SC
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04-16-2010
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Oral Argument
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OCCD
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SC
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03-19-2010
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Motion for Miscellaneous Relief
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Filed By: Eric McLeod
Submit Date: 3-22-2010 Decision: (D) Deny Decision Date: 3-29-2010 ORD that the motion for recusal is hereby denied. |
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OCCD
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SC
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02-12-2010
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Assigned for Oral Argument
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OCCD
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SC
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02-10-2010
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Filed By: James Alexander
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OCCD
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SC
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01-28-2010
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Other Brief
Other Brief - Respondent Justice Gableman |
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Filed By: Eric McLeod
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OCCD
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SC
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01-22-2010
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Letter/Correspondence
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OCCD
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SC
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01-21-2010
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Letter/Correspondence
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OCCD
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SC
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01-08-2010
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Other Brief
Other Brief - Wisconsin Judicial Commission |
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Filed By: James Alexander
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OCCD
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SC
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12-03-2009
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Motion to Extend Time
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Filed By: James Alexander
Submit Date: 12-3-2009 Decision: (G) Grant Decision Date: 12-4-2009 ORD that the motion is granted. The brief of the Wisconsin Judicial Commission shall be served and filed on or before January 11, 2010. Gableman, J., did not participate. See BOT event due on 1-11-2010 |
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OCCD
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SC
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12-03-2009
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Order
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IT IS ORDERED that in response to the Panels submission, and pursuant to Wis. Stat.
(Rule) 809.19, the complainant, Wisconsin Judicial Commission, shall within 30 days of the date of this order, file a brief in this court or a statement that no brief will be filed; that within 20 days of the date of service of that brief or statement, the respondent, Michael J. Gableman, shall file either a brief or a statement that no brief will be filed; and that if a brief is filed by the respondent, within 10 days of the date of service of that brief, the complainant shall file either a reply brief or a statement that no reply brief will be filed. Gableman, J., did not participate. |
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OCCD
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SC
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11-13-2009
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Motion for Miscellaneous Relief
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Filed By: Eric McLeod
Submit Date: 11-13-2009 Decision: (O) Other Decision Date: 6-30-2010 See Decisions Issued Motion Response Filed By: James Alexander Submit Date: 11-24-2009 Motion Response Filed By: Eric McLeod Submit Date: 11-30-2009 |
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OCCD
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SC
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11-12-2009
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Report of Judicial Conduct Panel
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OCCD
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SC
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08-11-2009
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Order
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Panels Response to Motion for Summary Judgment. ORAL ARGUMENT scheduled for Wed., September 16, 2009 at 10:00 am in the CA District II courtroom, 2727 N Grandview Blvd, Ste 300, Waukesha WI.
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OCCD
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SC
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07-08-2009
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Response
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OCCD
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SC
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06-18-2009
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Response
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OCCD
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SC
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05-19-2009
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Order
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ORD that the Judicial Commission shall file a response to Justice Gableman's motion for summary judgment within 30 days from the date of this order.
FRO that Justice Gableman shall file a reply within 15 days of service of the Commission's memorandum. |
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OCCD
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SC
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05-14-2009
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Response
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OCCD
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SC
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05-11-2009
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Motion for Summary Disposition
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Filed By: Eric McLeod
Submit Date: 5-12-2009 Decision: (O) Other Decision Date: 11-12-2009 subm to #59, 35, 37, 38 with panels recommendation Motion Response Filed By: James Alexander Submit Date: 6-18-2009 Motion Response Filed By: Eric McLeod Submit Date: 7-9-2009 |
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OCCD
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SC
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05-11-2009
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Response
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OCCD
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SC
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04-30-2009
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Order
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ORD that the Judicial Commission's motion to compel is denied.
FRO that the Judicial Commission and Justice Gableman file a response to the matters set forth above within 10 days from the date of this order. |
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OCCD
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SC
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04-17-2009
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Motion for Miscellaneous Relief
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Filed By: James Alexander
Submit Date: 4-17-2009 Decision: (D) Deny Decision Date: 4-30-2009 ORD that the Judicial Commission's motion to compel is denied. FRO that the Judicial Commission and Justice Gableman file a response to the matters set forth above within 10 days from the date of this order. |
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OCCD
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SC
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04-16-2009
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Response
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OCCD
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SC
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04-01-2009
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Response
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OCCD
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SC
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02-27-2009
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Response
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OCCD
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SC
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01-29-2009
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Order
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ORD that venue in this matter shall be in Waukesha County.
FRO that the Judicial Commission shall file a Statement of Proposed Facts identifying all facts that the Commission contends are material to the disposition of this matter. The Commission shall file its Statement within 30 days from the date of this order and serve a copy on counsel for Justice Gableman. FRO that Justice Gableman shall file a Response to the Commission's Statement of Proposed Facts identifying those facts he contends are disputed and proffering any additional facts which he contends are material to the disposition of this matter. Justice Gableman shall file his statement within 30 days from the service of the Commission's Statement and serve a copy on counsel for the Commission. FRO that the Commission shall file a Reply to Justice Gableman's Response identifying those facts proffered by Justice Gableman that it contends are disputed. The Commission shall file its Reply within 15 days from the service of Justice Gableman's Response and serve a copy on counsel for Justice Gableman. |
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OCCD
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SC
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01-26-2009
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Response
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OCCD
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SC
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01-13-2009
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Order
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ORD that the Respondent's counterclaim is dismissed without prejudice.
FRO that the Judicial Commission and Justice Gableman file memoranda addressing the above-described issues within fourteen days from the date of this order. |
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OCCD
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SC
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12-15-2008
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Order
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ORD that the Hon. Michael J. Gableman file a response to the motion to dismiss on or before
January 5, 2009. |
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OCCD
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SC
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12-08-2008
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Response
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OCCD
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SC
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11-19-2008
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Motion for Pro Hac Vice Admission
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Filed By: Eric McLeod
Submit Date: 11-19-2008 Decision: (G) Grant Decision Date: 11-20-2008 ORD that the motion for pro hac vice admission of Attorneys James Bopp, Jr., and Anita Y. Woudenberg is granted. FRO that the Judicial Commission shall file a Reply within the time set forth in WIS Stat. 802.06(1) |
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OCCD
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SC
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11-19-2008
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Response
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OCCD
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SC
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10-30-2008
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Order
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ORD that the Honorable Michael J. Gableman shall serve and file an answer to the complaint within 20 days of the date of this order. If no answer is timely filed, application for a default judgment may be made.
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OCCD
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SC
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10-28-2008
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Order
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ORD that the Hon. David G. Deininger, Reserve Judge, be assigned to act in case number 08AP2458-J.
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OCCD
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SC
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10-28-2008
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Judicial Conduct Panel
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OCCD
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SC
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10-22-2008
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Order
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ORD that the October 22, 2008 order is withdrawn.
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OCCD
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SC
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10-22-2008
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Order
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ORD that the Honorable Neal Nettesheim, Reserve Judge, be assigned to act in case number 2008AP2458-J.
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OCCD
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SC
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10-20-2008
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Judicial Conduct Panel
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OCCD
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SC
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10-10-2008
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Referral to Court of Appeals to Appointment Panel
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OCCD
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SC
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10-07-2008
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Judicial Commission Complaint
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