Annette Ziegler, “Public Clamor”, And Justice in Wisconsin

I must admit to being taken aback last week by not only the conclusion from a three judge panel concerning the ethical and legal lapses of Wisconsin Supreme Court Justice Annette Ziegler, but also the tone of those remarks.  Ziegler has long been in the news since her conflicts of interest surfaced during the race for the Supreme Court in the spring of 2007. 

The panel consisting of three Court of Appeals judges recommended only a reprimand is given to Ziegler for her many self-admitted inappropriate behaviors as a circuit judge in Washington County.  While on the bench Ziegler presided over among other cases, eleven West Bend Savings Bank cases at the same time her husband sat on the bank’s board of directors.  Not only was she involved with misconduct on the bench, but she also had conflicts of interests due to her stock holdings that she had not disclosed. 

In face of the facts about the tainted judge, the panel recommended only a reprimand is needed as a form of punishment by the six members of the Wisconsin Supreme Court that will weigh in on this matter.

Let us be clear about this ‘punishment’.  Instead of a true response to a most serious violation of judicial ethics, the panel offered only an embarrassment that insults the whole legal system, and the citizens that the system is designed to serve.  The panel had an obligation to get the job concerning Ziegler completed correctly.  Not for any partisan reason, or to satisfy any personal vendetta.  They had a duty to get it right to preserve the high ideals and objective rendering of justice that citizens expect in Wisconsin.

Every person with any sense of the situation that Ziegler finds herself in, fully understands that there is a code of conduct for a judge that is clearly spelled out, as are the consequence’s for misconduct while on the bench.  For the panel to water down and dilute the matter ill serves the greater needs of justice in the state.

For the panel to recommend the Supreme Court disregard “public clamor” and accept the recommendation of a reprimand is a cold hard slap to the citizens who work hard, pay the taxes, play by the rules, and expect their governmental and judicial systems to work.  There has been a great deal of conversation in the general public about this matter.  Concerned voices have expressed themselves on editorial pages in newspapers, joined the debate on radio, and in the world of blogs.  I myself have written often about this matter and do not believe that my feelings, or those of my fellow citizens, are worthless to the debate about what the Ziegler matter does to our sense of justice in Wisconsin.

First Annette Ziegler told the electorate during the election that the matters concerning her ethical and legal issues were not important in the campaign.  Now we are told that her actions and lapses of judgment are things that she not need be held accountable for.  In addition the Supreme Court is being told to discount the voices of the citizenry that strongly object to this matter being whitewashed.

Perhaps it is time for every citizen in the state to seriously ask if the tail is not now wagging the dog.

If the severity for ethical lapses (and worse) is no more than a mere reprimand, I suggest our judicial system is in great need of repair.

Technorati Tags: , , ,

Another Annette Ziegler Ethical Problem?

Jon Axelrod represents Annette Zielger in her legal problems pending with the Supreme Court, that stems from her days as a circuit judge.  But Axelrod also represents AccuWeb in a case to be heard by the Wisconsin Supreme Court next week.  While I am not sure if Axelrod will present the case in court or not, I do think that Zielger needs to make sure all parties are aware of the situation.  Given that Zielger has a history of ethical lapses I think this is yet another issue we need to be aware of.

Technorati Tags: , , , , ,

Published in: on December 7, 2007 at 7:26 pm Comments (5)

Capital Times: “Ziegler Should Quit The Bench”

With lucid writing another state newspaper makes the only conclusion one can about the seriously flawed and unethical life of Annette Ziegler.

State judicial ethics rules require judges to disqualify themselves from participating in cases when a reasonable person would question their ability to be impartial. On Thursday, Ziegler participated in oral arguments on a tax case that is a top priority of WMC, her campaign’s chief benefactor.

As a national watchdog on judicial ethics issues, James Sample, counsel at the Brennan Center for Justice at New York University, has observed, “The argument could certainly be made that it would be reasonable to question her impartiality (in this case).” But we don’t have to take Sample’s word for it. Ziegler has effectively admitted the conflict.

Early in November, the justice disclosed in a letter to lawyers representing the parties involved in the case that WMC had been a key supporter of her campaign. But the letter from Ziegler, whose shamelessness has extended to openly lying to the voters of Wisconsin about the facts of her ethical abuses, also informed the lawyers that she intended to participate in deliberations regarding the tax case.

That combination of an admission of a conflict and a refusal to recuse is what disqualifies Ziegler from further service on the court. And if she does not recognize that fact, then the other justices must speak up to assert a basic standard of judicial responsibility.

Technorati Tags: , , , ,

Oshkosh Northwestern Says “Remove Annette Ziegler”

The bad press came first.  Now the state newspapers are writing editorials that are thoughtful and hard hitting against judicial corruption.  Annette Ziegler must leave the Supreme Court.

Citizens put their faith in judges to uphold the law. Ziegler’s record raises serious questions about her own ethics, impartiality, and qualifications for our highest court.

Annette Ziegler brings an ethical black cloud to the Supreme Court and the entire Wisconsin judiciary.

The Court of Appeals has the duty to dispel that cloud, re-instill our confidence and prove to the citizens of this great state that Wisconsin’s system of disciplining judges is not broken.
Technorati Tags: , ,

Published in: on November 29, 2007 at 3:32 pm Comments (1)

Tell Annette Ziegler To Recuse Herself!

One Wisconsin Now is leading the charge.  Lets do our part today.

Thursday the Wisconsin State Supreme Court will hear the case Wisconsin Department of Revenue vs. Menasha Corporation.  Wisconsin Manufacturers and Commerce (WMC) filed an amicus brief and registered strong support on behalf of Menasha Corporation. This is the same big business lobby that spent a record $2 million to get Annette Ziegler elected to the high court.

Should Annette Ziegler hear this case? 

I think not.  Have your say here.

Technorati Tags: , , ,

Published in: on November 28, 2007 at 11:00 pm Comments (3)

Justice Ziegler Has No Ethics In The Courtroom

This says it all.

Within the last couple of weeks, however, Ziegler sent a letter to the parties in another case, a sales tax case, notifying them that she would hear the case and participate in the decision even though one of the organizations involved, Wisconsin Manufacturers and Commerce, spent a reported $2 million to help her get elected — more than her own campaign spent.

State judicial standards say judges must disqualify themselves if a reasonable person would question their impartiality or if they have a significant financial interest in a case. It also encourages judges to remove themselves from cases in which family members are officers, directors or trustees of one party.

Two million dollars adds up to a very large question about impartiality. When the initial cases came to public notice in the spring we wrote that at the very least Ziegler was guilty of bad judgment, but this latest act elevates the matter beyond poor judgment. The fact that Ziegler apparently sees no problem is an indication that she does not understand the ethical principles by which she is expected to act.

None of the parties in the sales tax case, including the state Attorney General, has asked Ziegler to recuse herself, nor should they have to. Ethics are not principles to be imposed from outside. They are internal standards by which we are expected to govern ourselves, and it is precisely because some people don’t have such internal standards that we have lawyers, courts, and jails.

One may argue that this case will put the Supreme Court in a difficult position. As the state’s legal disciplinary body it is her fellow justices who will decide Ziegler’s fate. In fact there is no difficulty. Although the court can only rule on the evidence before it, which won’t include the latest matter, the justices should not disregard this $2 million letter and should not hesitate to severely punish Ziegler if they chose not to remove her from the bench.

There really is no excuse for such a flagrant disregard of the rules. Mild punishment would only support a stereotype of the courts as a club whose members sit somewhere above the masses, and it suggests that justice is awarded to the highest bidder.

Technorati Tags: , , ,

Appeals Judge Ralph Adam Fine Wrong About Annette Ziegler

There is no shortage of reasons to be concerned about Annette Ziegler, given all the ethical and legal problems she brings with her as a member of the Wisconsin State Supreme Court.  She is more than an embarrassment, she is a legal nightmare.

So it was amusing to hear that Appeals Judge Ralph Adam Fine, one of the three judges now reviewing the Ziegler matter, noted that her actions amounted to “a blip on the screen.”  I wonder what a judge needs to do to get Judge Fine all lathered about ethical misconduct in our state?

The bottom line is that the Supreme Court has never disciplined one of its own members, and a justice has never been on the court while under investigation.  It is not as though there was not ample evidence of her wrongdoing before her election to the Court.  The fact is she had ample funds to buy TV ads that portrayed her as an upstanding judge, which then persuaded the citizenry not to listen to the factual news accounts and editorial writers who knew otherwise.  Well, upstanding judges are not the center of a panel inquiry on what discipline needs to be administered for ethical misconduct. 

In spite of her campaign advertisements, more and more people are coming to understand that Annette Ziegler is not the type of person suited for the State Supreme Court.

The crux of the matter is that Ziegler decided cases as a Washington County judge where she had very real and clear conflicts of interest.  Her husband sat on the board of the West Bend Savings Bank while Ziegler ruled on over 45 cases relating to the bank.  Over $100,000 in settlements resulted from her actions, involving home foreclosures and seized cars and trucks.  How can Judge Fine be so blind to the obvious facts, and where they lead?

Not only is the political process unable to function properly even when a seriously flawed candidate is highlighted during an election, but the necessity of a fair and even-handed justice system is not totally understood by the public.

And it now appears even an Appeals Judge has not fully understood the ramifications of Ziegler’s actions, and the stain it has left on the Wisconsin Supreme Court. 

Is it time to worry about our state/country, and where it is heading?

Technorati Tags: , , , , , ,

Published in: on November 19, 2007 at 3:02 pm Comments (11)

The Sad Saga Of Annette Ziegler Continues

Not for the first time I have thought of Annette Ziegler, and then asked myself what this country is coming to.  For many months I have written on this blog about the reason that Wisconsin’s judiciary would be undermined if she were allowed to sit on the State Supreme Court.  Her actions regarding conflict of interest issues while serving as a Washington County Circuit judge made her campaign for the high court painful to watch. 

I had strongly advocated that she end her campaign in a post on March 12th. I am not aware of any other blogger that made such a statement.

Annette Ziegler can do one thing in this campaign that is truly honorable, and that is to end her race for the Wisconsin Supreme Court.  She can show her fellow citizens that the system of law is more important than the personal ambitions of one person.  She can show our young children that we are accountable for every action, and responsible for all our decisions, be they good or bad.  She can instill some sense of honor in the political process that is often sadly lacking.

I admit to feeling that the vast majority of the voters were not well informed during the election, or worse yet, did not care what they voted for when electing Zielger.   The election of Ziegler was not the best day for democracy in the Badger State.

Still I was surprised last week when the Wisconsin Judicial Commission released their complaint, and failed to hold Ziegler as accountable for her actions, as they should have.  Their ‘remedy’ for the whole affair was to endorse the idea of a reprimand when the State Supreme Court ultimately takes up the issue.

On April 3oth I wrote that this issue was of great importance for the state.

“…it is imperative that we as a state get the deliberations about her past conflicts right.  The highest moral obligation we now have with this matter is to preserve, as best we can, the high ideals of what a fair and objective rendering of justice in Wisconsin should include.  The codes of conduct for a judge are clear, and the consequences for abusing them are serious.  They must not be watered down and diluted just because we are dealing with a newly elected member to the Supreme Court.  It would be a most grievous shortcoming if we failed to honestly confront the damage that has come to light over Ziegler’s actions on the lower court.”

I still hold to that view!

This past week the Commission found that Ziegler had abused the system just as was made very clear to the public during this springs election.  She had handled cases where she had an economic interest.  Her husband had sat on the board of a bank while she heard cases dealing with that financial institution. 

As the Wisconsin State Journal reported last week there were numerous examples of misconduct, along with her many conflicts of interest.

The commission focused on seven cases involving three companies — Federal National Mortgage Association, Ford Motor Company and General Motors Corp. — in which Ziegler owned between $7,009 and $60,048 in stock. Ziegler was warned that judges must disclose any financial interests that “could reasonably raise a question as to the judge’s impartiality.”

“Judge Ziegler acknowledges and expresses her deep regret for the errors in judgment which she made and for any effect her conduct may have had on the Wisconsin judicial system,” according to the joint recommendation from Ziegler and the commission. “For that she apologizes to this court and to the public.”

Exactly what is her apology supposed to do?  Her actions while in Washington County were not new for someone on the bench.  There have been other tainted judges in Wisconsin.  But to pretend that the conflicts of interest did not matter while seeking a seat on the Supreme Court, and now not being held accountable for them in a meaningful way with this investigation, is a slap to the entire judicial process in Wisconsin.  It is also a slap in the face of the citizenry that respects the law and abides by it.  Every civics teacher or student who ever cared about these topics must feel undermined.

Perhaps I am now clearly defined as being ‘old fashioned’.  I just believe that there is right and wrong.  And what Ziegler did while serving as Washington County Circuit judge was wrong.  And not to correct that wrong now is even more of a problem.

Are the Judicial Commission findings the best way to promote the idea of fairness and equality in the justice system?  Are Ziegler’s actions the way judges are now to conduct business from the bench?  If the severity for unethical acts (or worse) is no more than a simple reprimand then I suggest our whole system of justice is in serious trouble.

As I wrote on April 30th,  “More important they (the public) have a right to expect not only a response that will demonstrate the gravity of the matter, but also a strong signal that this type of activity is not acceptable in Wisconsin.”

The Wisconsin Judicial Commission failed in their mission. 

Technorati Tags: , , ,

Annette Ziegler And Justice In Wisconsin

Wisconsin’s justice system is experiencing some problems that have created anxiety about fairness and balance in the courts. Plenty of headlines have popped up recently over the Wisconsin State Supreme Court being pulled ever deeper into the past ethical quicksand of Annette Ziegler, the newly elected justice on the Supreme Court.  No citizen can say they were not warned that this would result if she were elected in April.  The voters in large part allowed the power of expensive 30-second TV ads to prevail over the quiet reasoned voices of major newspapers that seriously rejected her practices while she served as a circuit judge.  They argued strongly that the ethical boundaries Ziegler crossed made her a poor choice for the Supreme Court.  In spite of those warnings, and in light of her election, her past actions as a circuit judge must now be addressed in a very public manner.

The fact that Wisconsin is now needing to deal with Ziegler’s ethical lapses will not be pretty to witness, and it will surely be antagonistic, but it is imperative that we as a state get the deliberations about her past conflicts right.  The highest moral obligation we now have with this matter is to preserve, as best we can, the high ideals of what a fair and objective rendering of justice in Wisconsin should include.  The codes of conduct for a judge are clear, and the consequences for abusing them are serious.  They must not be watered down and diluted just because we are dealing with a newly elected member to the Supreme Court.  It would be a most grievous shortcoming if we failed to honestly confront the damage that has come to light over Ziegler’s actions on the lower court. But to get back the faith that was lost as the result of Ziegler’s actions the key individuals must play a constructive role in the weeks to come.

For starters,  Ziegler needs to end her campaign mode of dodging and equivocating over her past mistakes.  Some serious candor from her is essential if we are to get over this issue and rebuild trust in the justice system.  She should reject the idea of fighting with the Ethics Board over their understanding of having grounds to both file a complaint and levy sanctions over her actions.  Her ethical lapses brought her to this point, but a heavy dose of honesty can start the rebuilding process that many citizens need, and expect, to hear.  Ziegler is making the situation more combative by digging deeper trenches, and fighting the Ethics Board issue by asking the Supreme Court to wade into the muck.  Instead of obfuscating, Ziegler needs to ante up by taking responsibility for her past actions.

The next players that need to show Wisconsin real leadership is outgoing Justice Jon Wilcox, and his court colleague, David Prosser.  Both of these men either endorsed or gave money to Ziegler after it became public that she had seriously abused her role as circuit judge.  Given that fact they both now need to make sure that all actions they take are in accordance with the law and the highest calling that voters placed on their shoulders when electing them to the bench.  They should refrain from any partisanship or backslapping when dealing with this matter.  In Prosser’s case, since he gave money to Ziegler there is the question of whether he should even participate in any of these discussions. This is one of those times when the tire has hit the road and the driver needs to show there is some experience behind the wheel.  Wisconsin will be watching.

There is no way that the Supreme Court will not ultimately have to deal with Ziegler, as the Judicial Commission will at some point file a complaint against her.  The number of instances where she failed to administer justice fairly as a circuit judge is a severe matter that will demand a response from the high court.  The Supreme Court is left the task of applying a remedy, and it will be hard for this body due to the nature of its close working relationship with each other.  Yet again, the citizens will demand that the only thing that matters is the serious nature of the ethical lapses, and the understanding that this is unacceptable in our justice system.  It will not be fun to administer, but the burden of creating not only a remedy, but also an action that speaks to the integrity of the judicial system, will rest with the high court.

The parties involved with this matter need to get the correct solution found as quickly as possible.  Given the nature of Ziegler’s ethical lapses, and how it was a large part of the spring election, the public has a right to the details.  More important they have a right to expect not only a response that will demonstrate the gravity of the matter, but also a strong signal that this type of activity is not acceptable in Wisconsin.

Technorati Tags: , , ,

What Annette Ziegler’s Victory Means

The news of the election of Annette Ziegler to the Wisconsin State Supreme Court means more than the defeat of her opponent, Linda Clifford.  This was much more than a mere campaign battle between two individuals, or competing points of view.  This race, due to the ethical lapses and severe misjudgment of Ziegler, was about the character of the high court, and the ability of our citizenry to rise above the noise and money of a brutal campaign and make the correct long-term decision best suited for our state.

We failed.

Before I go further, I want to be perfectly clear that I would not be writing this if another conservative, without the ethical problems that Ziegler owns, had won the court race.  I fully understand and accept the bruises and knocks from campaigns and elections.  I am not bitter about Clifford losing, but instead am upset that the core values that we should care about and insist upon for the Supreme Court were not those demonstrated by Ziegler, and yet the Wisconsin voters seemed in large part not to care.  That is the part that stings! 

As I reflect tonight on this election I am reminded that several years ago a retired world languages department professor from California sat at our dinner table, and after our discussion of a long set of issues, concluded that if things did not change in a new direction soon we would not recognize our country in a few years.  He was referring to, among other things, the lack of learning civics by our youth, too few well-informed voters, and not enough caring and understanding of the underpinnings of our democracy. All that was reflected Tuesday in Wisconsin with the election of Ziegler.

Not all that long ago in Wisconsin a judicial candidate with enough errors and poor judgment like Ziegler’s, requiring a possible review by the Judicial Commission, would have been enough reason to disqualify that candidate as a serious contender.   Now such a candidate in 2007 with a tarnished record is warmly embraced by Wisconsin Manufacturers and Commerce, and supplied with a campaign war chest.  Many of Ziegler’s supporters seemed to lend credibility to her campaign just to spite Clifford and the ‘other side’.  There was no sense of shame or disgust from these supporters over the actions that Ziegler committed while serving as circuit judge.  Instead it was all about winning at any cost, even when the price was at the expense of the integrity of the Supreme Court.  To them a  Ziegler victory was far more important than the long-term damage to our political process and court system. Sadly, after the election of Ziegler on Tuesday we now must admit that these are ‘values’ many voters embrace in Wisconsin.  

If you voted for Ziegler, ask yourself if the undermining of the basic principles of judicial fairness, as exhibited by her conduct as a circuit judge, makes you proud of the new standard for justice in Wisconsin?  And then ask yourself what will be the next step downward that we take and accept in our political process?  What will be the next new low?  Don’t kid yourself that there will not be one.

On Monday Madison had a wonderful warm day with lots of parents and kids enjoying spring break at the Capitol.  As I waited for a friend to meet me in the rotunda for lunch I smiled at the young kids who know the best way to see the enormous rotunda is to lie on the floor and gaze up at it.  For many of them this was their first introduction to their state government.  They were awed by the enormity and grandeur of the Statehouse as they viewed the physical embodiment of our political process. 

But on Tuesday adult voters had a duty to again insure the ideals and values of our state were stronger than the stone masonry of that building.  By the voting on Tuesday we failed to maintain our rich heritage.  I know some are proud of their victory, and how they gained it.  That too is a moral shortcoming.  It is with genuine sadness that I sit tonight and reflect on the fact that things are going so very wrong in this country, and too few seem to care to correct our alarming course.  The election of Ziegler means more than just a new face on the Wisconsin Supreme Court.

Technorati Tags: , , ,

Annette Ziegler And Sanjaya Malakar Both Weak Links

It is no longer possible for the citizens of Wisconsin to look with any respect at Wisconsin Supreme Court candidate Annette Ziegler.  Tonight’s debate on statewide public televison was embarrassing as the ethically challenged Ziegler was again unable and unwillingly to confront her lapses in judgment and judicial demeanor while serving on the circuit bench.  She treated the whole state as fools by giving pablum for responses in relation to the most serious questions about her lack of honesty and fairness while serving as a judge.  It is quite clear that Ziegler does not understand the gravity of her errors while serving as a judge.  She also does not appreciate how upset the voters are with her lapses of judgement, and what that might mean for all of us if she were to be elected to the Supreme Court.

I can only assume by her answers tonight that Ziegler thinks the voters are playthings to be easily manipulated.  In fact we are not. 

Over the past couple weeks the weakest link on “American Idol”, Sanjaya Malakar has beat the odds and remained on the show even though he has no real musical talent.  Meanwhile, for the first time in our state’s history a seriously flawed, and ethically challenged candidate has been placed on the April ballot for Wisconsin State Supreme Court.  After the Barbie doll bouncing look of Ziegler’s hair this evening (Malakar, it should be noted, has funny hairstyles too, and if Zielger can’t respect us with honest answers we should feel no reason to respect her),  and her lack of honesty to the questions, I can only hope that Wisconsin citizens turn out and reject our weakest and ethically challenged link for the Supreme Court.  Perhaps next week America will do the same with Malakar.

We have a duty to vote for integrity, honesty, ethics, and the Wisconsin tradition when we cast our ballot for Linda Clifford on Tuesday.  Ziegler does not fit the profile of an honest person.  Her responses on the debate tonight are proof of that.

Technorati Tags: , , ,

Supreme Court Candidate Annette Ziegler Needs To End Campaign

UPDATE

http://dekerivers.wordpress.com/2007/04/03/what-annette-zieglers-victory-means/ 

Before I am a partisan, or a person with strong points of view, I am a citizen that really finds our political process most remarkable.  For sure problems exist within our institutions, but the overall framework in Wisconsin and around the nation is most impressive.  It is for that reason that I have spoken out against both Democrats and Republicans when they have tarnished the system with bad behavior.  I stress that the greater good is more important than the personal goal.

Such is the case with Annette Ziegler and her campaign to become a Wisconsin Supreme Court Justice.  I do not post this blog entry in haste or without much thought.  In fact, I have held this entry for several days.  I firmly believe in the power of campaigns and the right of the public to cast votes to select their leaders.  In most cases I would not recommend that a campaign end, a candidates hopes be dashed, or the public be not allowed to make the final decision.  However, every day there is new evidence of a very troubling record of improper and unethical activity relating to Ziegler’s duties as a Washington County Circuit judge.  It is not the image that Wisconsin wants to see as a model for a candidate to the Wisconsin Supreme Court.

The latest news that Ziegler, as a circuit judge, handled over 12 lawsuits involving companies in which she owned between $5,000 and $50,000 in stock has tipped the scales.  On top of the revelations over the past two weeks about undisclosed conflicts in dozens of cases where she did not inform the parities to her lack of impartially, it is time for Ziegler to be honest with the voters, and equally important, with herself.

It is time for Annette Ziegler to end her campaign for the Wisconsin Supreme Court.

Ziegler has crossed the boundaries of ethics, and the judicial conduct rules.  There is clear evidence that improper conduct has taken place.  It is a most troubling story since the last recourse for any of us is the legal system.  To read of the unprincipled manner in which the law was meted out leaves a bad image in many citizen’s minds. To pretend nothing tainted and unprofessional did not happen, or to parse the meaning of the judicial rules is just unseemly.  It makes a mockery of the court system, and has now extended to the political process as we seek a replacement to Judge Wilcox on the Supreme Court.

Annette Ziegler can do one thing in this campaign that is truly honorable, and that is to end her race for the Wisconsin Supreme Court.  She can show her fellow citizens that the system of law is more important than the personal ambitions of one person.  She can show our young children that we are accountable for every action, and responsible for all our decisions, be they good or bad.  She can instill some sense of honor in the political process that is often sadly lacking.

I have been critical of Annette Ziegler for many weeks but will be the first to applaud her if she does the right thing for Wisconsin by removing herself from the race.  Wisconsin deserves no less.

Technorati Tags: , ,