2007AP203 Polsky v. Virnich

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Civil Procedure
Judicial recusal

The Supreme Court does not have the power to remove a justice from participating in a case.

“We have concluded that this court does not have the power to remove a justice from participating in an individual proceeding, on a case-by-case basis. State v. Henley, 2011 WI 67, ¶25, __ Wis. 2d __, __ N.W.2d __. We explained that our decision in regard to the scope of the court’s power when asked to remove a justice on a case-by-case basis is consistent with the court’s Internal Operation Procedures, IOP II.L.1., and that it is also “mirrors the way in which the United States Supreme Court addresses motions to disqualify a Supreme Court Justice.” Henley, __ Wis. 2d __, ¶¶26-27. We also concluded that due process is provided by the decisions of the individual justices who decide to participate in the cases presented to the court. Id., ¶¶13, 31. Accordingly, for the reasons stated more fully in Henley, we deny Polsky’s motion to disqualify Justice Roggensack.”

Motion Denied.

2007AP203 Polsky v. Virnich

Per curiam.

Attorneys: For Appellant: Schott, Donald K., Madison; Davis, Jeffrey Oxford, Milwaukee; Bailey-Rihn, Valerie, Madison; For Respondent: Kasieta, Robert J., Madison; Parrish, Andrew J., Madison

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