We Must Get To Bottom Of Wisconsin State Supreme Court Mess

‘Now that the mess has been scattered all over the place let’s make sure we clean it up once and for all.’

Isn’t that a message a parent might make in a rather determined way to a child after something that need not have occurred takes places, and then requires a remedy to make sure it never happens again?

The same parental tone and approach needs to be made by the citizens of Wisconsin to the members of the State Supreme Court.

When I can google the Justice Prosser choke-hold story and find it is making headlines all over the nation then it is time to get this mess investigated and sorted out.

As such, I  am pleased to know that two separate investigations are now underway to ascertain what transpired among the members of the court.

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 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.

The sheriff’s office in a statement acknowledged it was taking over the case, but declined further comment.

All members of the court should bend over backwards to amplify and illuminate the issues that have led for the dysfunctional nature of the court to occur in the first place, and then grow to such an extent as to cause a statewide embarrassment.

This is not a good time for the political and democratic institutions in this state.  All year-long there has been a continuing eroding of confidence and support in the systems that are some of the bedrock foundations of our society.  From legislative rancor to the personal animosity on the court there is much to despair over every morning when reading the newspaper.

And it really must come to an end.

Therefore the parties that are investigating what happened to make Justice Prosser snap must get all the facts and present them to the public.  If there needs to be some house cleaning, or group therapy sessions, or a collective demand to ‘lets play nice’…once thing is clear.  What has been allowed to take place must now end.

No one wants to know that our Supreme Court is making headlines for all the wrong reasons.  Lets move forward aggressively with the investigations and then allow for a complete report to be made public.   There should be no sugar-coating or cosmetics applied.  Let the chips fall where they may. 

The public deserves an honest account of what happened, and how it is to be remedied.

Supreme Court Justice David Prosser, Ann Walsh Bradley Episode Pathetic And Damaging

“The Court is now in session.  Will the law clerks please bring in the med cart.’

That might be the best way to remedy what is happening in the Wisconsin State Supreme Court.  The clerks would not only dispense the meds but check under the tongue of those needing a pill to be sure it was taken.  But please, no massaging of the neck to aid with swallowing!

Plainly put, what is now making headlines in Wisconsin is an embarrassment, and it must be throughly examined.    I can not be the only state resident that finds the stories I have read this weekend pathetic, damaging to the court, and to our state’s reputation. 

No one can be pleased.

Perhaps the news of the state budget being passed and signed into law seemed to imply that all the big news had passed.  There were weeks to go until the recall elections, and the state needed something new to be stunned over.  Citizens needed one more institution to view as unworkable, another set of characters to analyze and be concerned about.

When I first was told that Supreme Court Justice Prosser had allegedly placed a choke hold on Justice Bradley I asked my partner if this was an article from The Onion.  There was no way this could be an actual news story.  He read the headline and lead paragraph again, and reminded me that with all that has taken place so far this year nothing is impossible.

This story clearly has legs, and can lead to nothing but more embarrassment for Wisconsin.  As such I am really disheartened as we are not talking about some kids on a playground that need to be sent to their respective corners, but instead two court justices who are professionals that interpret law and make judicial decisions!

If we can not have these folks ‘play nice’ what is the hope for others in society?  I am tired of others around the nation needing to hear these ridiculous stories and have it reflect on this state and those that live here. 

I was deeply embarrassed when stories abounded earlier this year that Prosser had verbally abused Chief Justice Abrahamson, calling her “a bitch“.  That might be the lingo for some hay-seed state, but should not be uttered here in Wisconsin. 

Now we have serious allegations against Prosser of placing a chokehold on another female justice.   It must be investigated and aired so all can know the facts.  There seems to be a very deep and dysfunctional problem at the Supreme Court.  Since the citizens have been dragged into this affair with the airing of these issues we need to now  better understand what in heck is going on.

There can be no waffling with the truth concerning this matter.  Once and for all citizens need to know what is happening with a candidate who campaigned for a ten-year term and then acts like a fool when given the responsibility to sit on the court.

Until this matter is resolved I seriously suggest we get a med cart filled and roll it out for the Supreme Court.

Supreme Court Justice David Prosser Allegedly Grabbed Justice Ann Walsh Bradley Around Neck, Police Called

This is damn serious!

In a past post I lamented the change that is taking place with Supreme Court Justice David Prosser.  At that time I mentioned he was becoming more partisan, and no longer a nice person.

Today comes shocking allegations that Supreme Court Justice David Prosser placed his hands around the neck of a fellow member of the court.

We all recall that Justice Prosser had called Justice Abrahamson a “total bitch”.  Given Prosser’s past behavior with women on the court might it be time for anger management classes?  Might I also ask how Prosser treats his wife?

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 several 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.

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 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 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.

Where Is David Prosser’s Wife?

The other night on television David Prosser told an interviewer that he had been through a nuclear firestorm in the Supreme Court race, but was still standing.  No one can doubt the past weeks have been harsh for Prosser.

The interview made me ponder something.

Where is David Prosser’s wife?

It would seem at this trying time for a (political) candidate that his ‘better’ half should stand alongside him.

At the age of 69 David Prosser must be married.  After all, aren’t most Republican men with solid ‘family values’  married by the time they get to be age 30? Age 69?

Just pondering things and wondering who is standing by his side at trying times like this.

Congresswoman Tammy Baldwin Asks U.S. Attorney General To Investigate Supreme Court Election

The mess in Wisconsin resulting from the sloppy (or worse) undertaking of  Waukesha County Clerk Kathy Nickolaus in relation to this past week’s Supreme Court race will require federal investigation.   I have thought this was the route needed, and folks I have talked with over the last 48 hours think the same.  It is vital that the integrity of the voting process not be allowed to be sullied by anyone in Wisconsin. 

That David Prosser is opposed to having the U.S. Attorney General investigate is troubling.  I would think that everyone would want to get to the bottom of this matter.

Right?

U.S. Rep. Tammy Baldwin (D-Wis.) sent a letter to U.S. Attorney General Eric Holder asking for a federal investigation into the handling of vote records in Waukesha County in the wake of Tuesday’s election for the state Supreme Court.

Baldwin’s office said she sent the letter Friday night.

Baldwin wrote Holder: “Following this week’s election for the Wisconsin Supreme Court, numerous constituents have contacted me expressing serious doubt that this election was a free and fair one. They fear, as I do, that political interests are manipulating the results.”

Baldwin asked Holder to assign the Justice Department Public Integrity Section, which oversees the federal prosecution of election crimes, to investigate.

In Waukesha County, thousands of votes from the City of Brookfield that were not reported by the county clerk on election night were discovered the day after. Justice David Prosser’s margin of victory in Brookfield helped push him ahead of challenger JoAnne Kloppenburg.

“We, the people, must be assured that our votes are fairly counted and reported and our democracy remains intact and untainted,” Baldwin wrote.

Agency Will Not Certify Court Race Until Probe Of Waukesha County Clerk Kathy Nickolaus Completed

Good.

The agency overseeing Wisconsin elections will not certify results of Tuesday’s state Supreme Court race until it concludes a probe into how a county clerk misplaced and then found some 14,000 votes that upended the contest.

Michael Haas, Government Accountability Board staff attorney, told Reuters on Friday the watchdog agency was looking into vote tabulation errors in Republican-leaning Waukesha County which gave the conservative incumbent a net gain of more than 7,000 votes — a lead his union-backed challenger seems unlikely to surmount.

“We’re going to do a review of the procedures and the records in Waukesha before we certify the statewide results,” Haas said.

“It’s not that we necessarily expect to find anything criminal. But we want to make sure the public has confidence in the results.”

Investigation Into Waukesha County Clerk Kathy Nickolaus Begins

And it starts, and justifiably so.

Kevin Kennedy, director and general counsel of the Wisconsin Government Accountability Board (GAB), announced today he is dispatching staff to inspect and review the election night procedures in Waukesha County, where the outcome of the Supreme Court race is likely to be determined.
Waukesha County Clerk Kathy Nickolaus announced Thursday that she discovered more than 14,000 votes from the City of Brookfield had not been counted in her original tally of Tuesday’s election.

 The votes gave Justice David Prosser the lead over challenger Joanne Kloppenberg in the closely contested race , as other counties in Wisconsin continued to canvass their vote totals today.

Nickolaus, who had been previously criticized by a Waukesha County audit that found she stored key electoral documents, including vote totals, on her personal computer, said the Brookfield votes were not counted because of “human error.”

Kennedy issued the following statement today:

“Our election system is administered by people, and some problems are bound to occur. However, our post-election canvass system is designed to identify any errors and correct them. While unofficial results reported by some counties on Election Night have proven to be incorrect, the process of election officials canvassing and certifying those results is working.

“Because of the attention on vote totals from Brookfield, I am dispatching G.A.B. staff to Waukesha County today to review the business processes and verify the reported results in the election for Supreme Court justice. I have been in close contact with Waukesha County Clerk Kathy Nickolaus since her news conference on Thursday, and have directed her to make the official returns from the polling places available for public inspection. These documents are public records. I believe she is now taking steps to ensure transparency and public confidence in the official results.

“The G.A.B. will issue a report on the results of its review as soon as possible, and before certifying the statewide election results.
 

Waukesha County Clerk Kathy Nickolaus Needs To Resign Over Botched Election Results

Waukesha County Clerk Kathy Nickolaus needs to resign because of the statewide mess she created concerning the election returns from the State Supreme Court race.

The reasons Kathy Nickolaus needs to resign as County Clerk are multi-fold.   

Kathy Nickolaus demonstrated a lack of professionalism that is expected of an official with her responsibilities.  She has also failed to be professional over time, and in so doing helped create the chaos that now engulfs Wisconsin.  

Kathy Nickolaus is also very suspect in this vote fiasco in light of the fact she was granted immunity after a caucus scandal when she worked as an Assembly Republican Caucus Employee while David Prosser was both Minority Leader and later as Speaker of the State Assembly.

Simply put, what took place in Waukesha County reeks to the heavens!  Kathy Nickolaus must own up to the massive problem, and resign.

Late Thursday the Waukesha County clerk announced that the vote total in Tuesday’s Wisconsin Supreme Court race had been mistaken, and that the corrected numbers changed the outcome of the entire election.

There were 3,456 missing votes for Democratic-backed challenger Kathleen Kloppenburg and 11,059 for incumbent GOP-backed Justice David Prosser. Kloppenburg has previously been beating Prosser by just 200 votes of the roughly 1.5 million cast statewide. The new total puts Prosser on a significant path to victory, about 7,500 votes ahead of Kloppenburg.

This error seems more than fishy given the past working relationship Kathy Nickolaus has had with David Prosser.  For thirteen years Nickolaus worked for the Wisconsin State Assembly Republican Caucus as a data analyst and computer specialist.  During that time Prosser served in powerful elected positions in the State Assembly. 

Before Kathy Nicklous resigned in 2002 from her partisan job she  was granted immunity to testify about her role in the caucus.  The Republican Caucus was under investigation for using state resources (tax dollars) to secretly run campaigns.

There is no way that I buy into Kathy Nickolaus’ near-tearful explanation of how Brookfield was misplaced when counting and adding the numbers.  There is no degree of plausibility given all we know about her.  Kathy Nicklous’ partisan dealings that landed her in the legal arena makes this latest, and most unbelievable turn of events, not rising to the smell test.

Kathy Nickolaus’ lack of professionalism is underscored by the fact Waukesha County has what can only be described as an outdated and rickety means of keeping  tabs of votes cast.  She has insisted the county results be kept on an antiquated personal computer, rather than upgrade to a new data system being utilized statewide.  

When confronted about the problems in the past she smiled in face of the facts that were presented to her.

The Waukesha County Board also heavily criticized the clerk after she brushed aside their recommendations for improving election security. At one point during a hearing in January, board chairman Jim Dwyer grew exasperated with Nickolaus and said, “There really is nothing funny about this, Kathy. Don’t sit there and grin when I’m explaining what this is about.”

Again, what has occurred in Waukesha County regarding the court election does not meet the smell test.

Democratic Assembly Minority Leader Barca gave voice late Thursday for voters all over Wisconsin in a blunt statement.  

It is especially troubling that she waited more than 24 hours to report the startling discovery and then did so at a press conference and only after she verified the results. This makes it all the harder to challenge and audit the integrity of the vote.  

The partisan, political history of Ms. Nickolaus and the serious concerns about the quality of her performance found in an audit raises the question of whether an investigation is warranted. The public deserves to know that the votes were counted properly.

No one can relish the idea of making it clear to someone that they must step aside from a job.  But the damage that Kathy Nickolaus has done to our election process in Wisconsin is no small thing.  The people’s faith in casting a ballot has been damaged by the actions undertaken in the last 48 hours from the Waukesha County Clerk. 

It is time that Kathy Nickolaus resign her office.

The people of Waukesha County and all of Wisconsin deserve no less.