00-0640-J In the Matter of Judicial Disciplinary Proceedings Against the Honorable Robert Crawford: Wisconsin Judicial Commission v. The Honorable Robert Crawford

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“Judge Crawford has engaged in seriously unacceptable judicial behavior. He has demonstrated no understanding of the impropriety of his behavior and therefore has expressed no remorse for it. Indeed, he has continuously portrayed himself as a maverick, an innocent victim of a ‘hostile work environment’ who has an absolute ‘right to be obnoxious in [his] public expression.’ He apparently believes that it is perfectly ethical for one judge to threaten another in order to overcome his reasoned judgment and decide a disputed issue on the basis of something other than the merits, indeed, on the basis of extraneous personal and political considerations. This demonstrates a serious disregard for the responsibilities of a judge.

“On the other hand, Judge Crawford has not previously been disciplined. Accordingly, we decline the Commission’s invitation to remove him from office.

While Judge Crawford’s misconduct was serious, it was not so substantial a threat to the public as to warrant the ultimate sanction of removal. It did not occur in the performance of his adjudicative role, and it did not affect the specific rights of any litigant or member of the public. His misconduct occurred in the context of an internal administrative matter, and implicated more generalized concerns.

“To be sure, Judge Crawford’s willingness to resort to personal, political threats in his running feud with successive chief judges was disturbingly out-of-bounds and clearly unethical. His tactics were vigorously and properly resisted, and therefore did not accomplish their purpose. The record contains no evidence that Judge Crawford has engaged in unethical behavior in the cases that come before him on the bench. Therefore, we also conclude that Judge Crawford’s conduct does not warrant the one-year suspension recommended by the panel. A lesser sanction will suffice both to protect the public and to convey to Judge Crawford the impropriety of his conduct such that it is unlikely to recur.

Clearly, however, reprimand or censure alone is insufficient. Judge Crawford misused his judicial position, calling into question his understanding of and capacity to abide by the rules that govern all judges in their conduct on and off the bench.

“We conclude that the appropriate sanction is a suspension from judicial office for a period of 75 days. This period is commensurate with the gravity of Judge Crawford’s misconduct and the extent to which it jeopardized public confidence in the integrity and independence of the judiciary. This suspension is sufficiently long to impress upon Judge Crawford the fundamental requirements of judicial office and to demonstrate to the public the judiciary’s dedication to preserving integrity within its ranks.

“IT IS ORDERED that Judge Crawford’s conduct merits discipline. He is hereby suspended from the office of circuit judge without compensation, and prohibited from exercising any of the powers or the duties of a circuit judge in the state of Wisconsin, for a period of 75 days, commencing July 31, 2001.”

Attorneys:

For Appellant: Thomas J. Basting, Janesville; James C. Alexander, Wisconsin Judicial Commission

For Respondent: Thomas J. Crawford, Mark E. Hersh, Milwaukee