Ethics complaint comes during first 12 weeks

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Justice Michael J. Gableman’s first few months on the job have had their ups and downs.

Just as Gableman began to get comfortable, the Wisconsin Judicial Commission filed charges of ethical misconduct stemming from his 2008 campaign.

After reporting to work on Aug. 4, Gableman spent the first three weeks sifting through endless pages of briefs in preparation for joining his six colleagues on the bench to hear oral arguments for the first time in early September.

“To know that you are going to have the opportunity to actually have a hand in seeing to what we view as the correct outcome of a case, is something that’s sobering and inspiring,” Gableman said in recent interview.

But on Oct. 7, the Judicial Commission filed a complaint against Gableman, alleging that a television advertisement he ran contained “false statements” and a “misrepresentation of the facts.”

Gableman, who was in Oshkosh as part of the court’s Justice on Wheels program when the news broke, called the complaint “unfortunate,” and said the allegations are an attempt by his opponents to politicize the election after the fact.

He declined to comment on the specifics, but did say he has an obligation to rise above “outside distractions” and do the job he was hired to do.

“My only focus is on what I do in the courtroom and in [the State Capitol] as a justice of the Supreme Court,” Gableman said. “And to do it to the best of my ability is what the people of Wisconsin expect.”

The complaint alleges the ad misrepresented former Justice Louis B. Butler's defense of a child molester, who committed another offense years later.

Asked whether he regrets running the ad, Gableman said, “That’s an excellent question, but one which will be addressed at the appropriate time in the appropriate place.”

He also did not address whether having two justices in as many years investigated for ethical violations tarnishes the image of the court in the public’s eye.

Gableman said he has not talked with fellow Justice Annette K. Ziegler about his current situation or about the resolution of the complaint filed against her last year.

Ziegler received a public reprimand from her colleagues on the Supreme Court after the Judicial Commission filed a complaint alleging the justice failed to disclose her husband’s connection to 11 cases she presided over as a circuit court judge.

“It’s not something we’ve discussed, nor would we discuss it given that she may have to rule on the matter in the future,” said Gableman.

Court of Appeals Chief Judge Richard S. Brown is expected to select a Judicial Conduct Panel to hear the matter and submit a recommendation to the Supreme Court.

But Gableman has solicited advice from his colleagues on other issues, including the best way to get into his office on a Sunday.

“As I told the chief justice when we sat down for the first time after I started, I was very pleased to see they gave me a key that worked, so I was able to let myself in on a Sunday,” Gableman joked.

He said, professionally, the justices have welcomed him and in many ways it feels like a homecoming.

At the same time, Gableman said it took time to revert back to his loquacious form on the bench.

“I didn’t ask any questions the first time I heard oral argument, but by the third time, my colleagues were probably wondering when I would stop talking,” Gableman said.

Since he joined the high court, Gableman has also made monthly visits to schools and businesses to personally educate the public on the operations of the court.

He conceded that most people in the state probably do not have an understanding of how the court system impacts their lives, but he hopes meeting them personally may spark their interest.

Regardless, Gableman said he draws inspiration from the public and he will not take his 10-year term for granted.

“I remember when the judge who was swearing me in as a circuit court judge asked, ‘How does it feel?’ and I said, ‘Surprisingly natural,’” Gableman said. “That’s the same feeling I have about this new role.”