Grassl Bradley lambastes fellow justices following candidate debate

By Margo Kirchner

Comments by Justice Rebecca Grassl Bradley made in the spin following the candidate debate between Judges Susan Crawford and Brad Schimel make one wonder about civility at the Wisconsin Supreme Court. 

Flanked at a podium by former Lieutenant Governor Rebecca Kleefisch, Grassl Bradley referred to four of her fellow justices as “colleagues,” but her remarks were not collegial.

Grassl Bradley called the actions of the four more liberal justices, who now frequently form the majority in decisions, “tyranny.” She claimed that the four are acting politically to deprive the people of their rights and legislative representation. Not once has the new majority ruled against the Democratic governor or attorney general, Grassl Bradley said.

She claimed that the conservative majority, to the contrary, did not act politically when they held the power.  

Grassl Bradley’s fellow justices were in the crowd as she criticized them.

​Various rules of judicial conduct and attorney ethics touch on civility and respect for judges: 

• A judge shall “act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary,” though “(c)are must be taken to achieve a balance between the need to maintain the integrity and dignity of the judiciary and the right of judges to conduct their personal lives in accordance with the dictates of their individual consciences.” Supreme Court Rule 60.03 and comment.
• “A judge should participate in establishing, maintaining and enforcing high standards of conduct and shall personally observe those standards so that the integrity and independence of the judiciary will be preserved.” Supreme Court Rule 60.02.
• “A judge shall conduct all of the judge's extra-judicial activities so that they do none of the following: . . . (b) Demean the judicial office. (c) Interfere with the proper performance of judicial duties.” Supreme Court Rule 60.05. 
• “I will maintain the respect due to courts of justice and judicial officers.” Supreme Court Rule 40.15 (attorney’s oath).
• “A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers and public officials.” Rules of Professional Conduct Preamble. 

Regardless of whether Grassl Bradley’s comments crossed any line or rule, such public criticism of fellow justices outside of the context of written decisions was remarkable.