Justice David Prosser Proves He Is No Longer A Cerebral Member Of Wisconsin Supreme Court
The stories have been flying around Madison for a long time concerning Supreme Court Justice David Prosser, and his blowing a gasket over internal court issues.
That the stories were numerous, and from different sources made me aware they were probably true. What I could not come to grips with is that the David Prosser I had known in the State Capitol was so different from the one that now sits on the Court, and wants to be elected for a 10-year term.
When I knew David Prosser he was serving in the State Legislature. To me it always seemed he was more cerebral than most others, and somehow not suited for the partisan nature of the statehouse. There was no doubt he knew sharp elbows needed to be used in his job, but he appeared to be one that might find common ground before throwing a political grenade.
I found Prosser to have a sense of humor, and never to be ‘above himself.’ Riding in an elevator with Prosser meant a minute of good conversation, and even a smile or two. He could chat as easily with an Assembly page as he could an elected colleague. That is not always the case under the dome.
This opening might lead readers to think that I am going to endorse Prosser for the Supreme Court. That could not be further from the truth.
Fact is, I am very concerned and troubled by the stories that have emerged about the character and professionalism of David Prosser, a man I truly felt was more a thinker and serious-minded jurist than the rough-and-tumble politician he has morphed into being.
This weekend a must-read newspaper article was published that allowed for the stories that Madison had heard about Justice Prosser to all of a sudden become a state-wide issue.
As the deeply divided state Supreme Court wrestled over whether to force one member off criminal cases last year, Justice David Prosser exploded at Chief Justice Shirley Abrahamson behind closed doors, calling her a “bitch” and threatening to “destroy” her.
The incident, revealed in interviews as well as e-mails between justices, shows fractures on the court run even deeper than what has been revealed in public sniping in recent years. Problems got so bad that justices on both sides described the court as dysfunctional, and Prosser and others suggested bringing in a third party for help, e-mails show.
The Feb. 10, 2010, incident occurred as the court privately discussed a request to remove Justice Michael Gableman from a criminal case.
“In a fit of temper, you were screaming at the chief; calling her a ‘bitch,’ threatening her with ‘. . . I will destroy you’; and describing the means of destruction as a war against her ‘and it won’t be a ground war,’ ” Bradley wrote in a Feb. 18, 2010, e-mail to Prosser and others.
“In my view, a necessary step to address the dysfunction is to end these abusive temper tantrums. No one brought in from the outside is going to cure this aspect of the dysfunction.”
I almost dropped the newspaper as I read and learned more about the inner dynamics of the court, and the abusive language used against Chief Justice Abrahamson by David Prosser.
This is not the way the court should operate.
This is not the type of man David Prosser once was.
Question we all need to ask is what has happened to David Prosser? And as a consequence does he merit another term on the court?
Perhaps the court’s work load and heavy mental rigors are starting to take their toll on this man who once looked so serene as he strolled in the Capitol. Slight and unassuming Prosser was once the opposite of what he has now become on the court.
No one can be pleased this has happened.
The role of the State Supreme Court with its procedures and customs, along with the faith that the citizenry must have in the decisions handed down, always makes election cycles for judges major news stories. The caliber of candidates, and the rancor caused by huge amounts of money thrown at the races by special interests, have only added to the muck in recent years.
I thought we had witnessed everything over the past decade when it came to court races. Sadly, the David Prosser story is now setting a new low for court races in this state.
The obvious question Wisconsinites must ask is what type of personality, and set of characteristics do we want making legal decisions on the court? Voters now have a need to use more than a legal framework when evaluating a decision for the April 5th ballot.
Justice David Prosser has lost my faith of being a cerebral caretaker on the Wisconsin Supreme Court.
The leftist advertisements adorning the page told the story much more clearly than the article. Thanks for helping this new Wisconsin conservative figure out which way to vote!
I stand corrected. I was wrong in my comments. I should have read the other post.
Patrick,
You might read all the posts on my blog about a topic before typing. From March 25th.
http://dekerivers.wordpress.com/2011/03/25/justice-david-prossers-perfect-political-storm/
I stated…….
In the ideal situation, even after all the facts that have presented themselves over the past five weeks are laid bare, voters would still look at the larger judicial scope of the candidates and not base their vote solely on the collective bargaining bill.
I fully understand I may have alienated some readers with that last line.
But hear me out.
As much as I do not favor electing judges, I also do not care for the ‘lets take our disgust of Governor Walker out on David Prosser’. That seems intellectually lazy to me. I get the anger part of why people are making the connection, but I find it unsettling.
I want to think that most voters are deeper than that.
There are many reasons to cast a solid vote against Prosser, and never even think about Walker. That would be the sensible and rationale way to approach this election.
I was prepared long before Walker was even sworn into office to cast a vote opposing Prosser based on his lack of holding Michael Gableman to a higher level of responsibility for conduct, Prosser’s strict conservative philosophy, and his lack of appreciation for the crimes that Scott Jensen committed while serving in the State Legislature.
Lashing out at Governor Walker seems like a weak reason to cast a ballot against Prosser.
So, the only reason for voting for Kloppenberg is that Prosser said a dirty word? Kloppenberg completely lacks experience and judicial credentials. She has spent her career squabbling over petty DNR trivialities, prosecuting old men and sending them to jail. She is a nothing. But the real argument is that you hope she will be biased and block Walker’s legislation. So much for your high minded rhetoric about the “heft” of a candidate’s mind.
I certainly agree with you. Prosser’s response was about as bad as it could be – not accepting any responsibility for calling the Chief Justice a “bitch” & blaming his behavior on others. Seems to be a typically ReThuglican way of behaving these days.