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    Wisconsin will be losing a Supreme Court Justice, we just don’t know which one yet

    Wisconsin will be losing a Supreme Court Justice, we just don’t know which one yet

    The Wisconsin Supreme Court scuffle is moving in a direction where Justice Ann Walsh Bradley is going to have to back up her allegations that Justice David Prosser put her in a “choke hold.” As indicated at the link, there are conflicting reports as to who initiated physical contact, and what the physical contact was.

    Now my old friend Dane County Sheriff David Mahoney is getting involved. Sherriff Dave, who corresponded with me after I criticized his use of the term “palace guard” during the Wisconsin Statehouse protests, will be leading an investigation.

    The Milwaukee Journal Sentinel reports that at the suggestion of the Chief of the Capitol Police, after consulting with the Supreme Court, Sheriff Dan’s office will conduct an investigation:

    Two agencies are investigating a claim by Supreme Court Justice Ann Walsh Bradley that Justice David Prosser put her in a chokehold earlier this month.

    The separate probes are being run by the Dane County Sheriff’s Office and the Wisconsin Judicial Commission, which oversees the state’s judicial ethics code. The sheriff’s investigation was launched Monday; the commission’s was authorized Friday and publicly acknowledged on Monday.

    “After consulting with members of the Wisconsin Supreme Court, I have turned over the investigation into an alleged incident in the court’s offices on June 13, 2011 to Dane County Sheriff Dave Mahoney,” Capitol Police Chief Charles Tubbs said in a statement. “Sheriff Mahoney has agreed to investigate this incident.”

    Things are going to get curioser and curioser.

    This now has gone too far for both to survive on the Court.

    If Justice Bradley charged at Prosser as some reports indicate, then she must resign. Even if Prosser did defend himself in a physical manner, if Bradley initiated things, that’s it.

    If Prosser initiated the contact without physical provocation (i.e., not in response to Bradley charging at him), then he should resign.

    One of these Justices will be leaving the Court, we just don’t know which one and when.

    Update:  Nothing is ever simple in Wisconsin.  Ann Althouse points out that the Governor appoints a replacement.  But what if Prosser leaves before he is sworn in to his new term?  That appointment would be for a few weeks, then what?  If criminal charges were brought against Prosser (we are a long way from that) would the Governor swear him in?  If Bradley goes, then Walker gets to appoint a conservative to replace her.

    And, there is a troubling narrative developing using Bradley’s gender as a card, playing on stereotypes of the woman as the necessary victim in any altercation.  Here is the final paragraph in the JS article linked above (emphasis mine):

    “Perhaps the most troubling aspect of this stunning development is how given all that we have learned about the court in recent years how untroubling many (people) are likely to find this,” said Marquette Law School professor Peter Rofes. “Entirely apart from the obvious violent nature of this act – and the fear it engendered in a female member of the court – as each day passes the people of Wisconsin have less reason to believe that there is very much legitimacy left in this incredibly important institution.”


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    By the way, there were witnesses to this event. – Martin

    Yes. We know this, Martin. It’s one of the points we’ve been making.

    And with all these people witnessing an adult male allegedly putting his hands around the neck of a female colleague, don’t you find it just a bit curious nobody said a word about it until 11 days after it supposedly happened? I certainly do.

    Now, as long as we’re making guesses here, I’m guessing the person who’s getting her ass kicked politically is the one who flew off the handle, and initiated the confrontation.

    Murgatroyd | June 27, 2011 at 11:53 pm

    I’ve seen the claim (but can’t provide a source) that Justice Prosser is the one who contacted the Wisconsin Judicial Commission and requested an investigation.

    This should be entertaining.

    Weirddave | June 28, 2011 at 1:46 am

    Hey Milton, I have just one question for ya. If Judge Prosser is such a supposed “bad guy” for supposedly “letting go” a priest who molested a child, why is it that the victim in that molestation case cut a commercial supporting Judge Prosser in the recent election? This is Legal Insurrection, not your comfortable Huffy Poo or Daily Krap garbage websites, we hold to a higher standard here, it’s called the truth. Go back to trolling your shit on the brainless “progressive” sites you call home, you’ll gain no traction or converts here.

      Milton in reply to Weirddave. | June 28, 2011 at 9:15 pm

      Which victim cut the commercial? The two brothers, or the subsequent number of victims the priest abused after Prosser declined to prosecute?

      Perhaps I’m being to hard on Prosser. I’d guess that every DA has cases like this; cases that got away. Deals are made and they go bad. Sometimes a deal is made and a criminal reoffends. It’s the system, I suppose. Being a DA has got to be difficult.

      Still, it gnaws at me.

    YourMaster | June 28, 2011 at 3:25 am

    I would like to see Bradley resign…
    ….do you know how insane the progressives and the whole left would get? That would pure entertainment…

    […] prediction is when the “investigation” fails to find evidence of an assault by Prosser the left will fall back on “corrupt” capital police covering things up and will use this…. This will of course not fly with the general public but will fly with the “true […]

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