Judicial Commission investigates Ziegler

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The Wisconsin Judicial Commission (WJC) announced on April it would commence with a formal investigation into allegations of misconduct filed against Washington County Circuit Court Judge Annette K. Ziegler who was elected to the Wisconsin Supreme Court on April 3.

Prior to the general election on April 3, the Wisconsin Democracy Campaign (WDC) had requested an inquiry into Ziegler’s handling of cases pertaining to West Bend Savings Bank where her husband, J.J. Ziegler, is a director.

The WDC also sought an investigation into cases Ziegler presided over involving businesses in which she owned more than $50,000 in stock.

“Generally speaking, in cases of this nature we proceed and determine if there is sufficient evidence to support a violation of the code of judicial conduct,” said Judicial Commission Executive Director James C. Alexander.

Wisconsin judicial code precludes a judge from presiding over a case in which his or her spouse is a director of a business, unless agreed upon by both parties.

Alexander noted that the commission evaluates 60 to 70 complaints annually and investigates about 20 per year.

While he would not comment on the specifics of the investigation, Alexander said that Ziegler may be required to appear before the commission and respond to the allegations in writing.

“Obviously, the judge is going to be cooperative to the extent in which she is asked by the commission,” said Ziegler’s attorney Daniel W. Hilde-brand of DeWitt Ross & Stevens, S.C., in Madison.

Hildebrand said he was not aware of the specific allegations the commission is investigating, but was confident that the results would clear Ziegler of bias or financial gain in any of her rulings.

No timetable was set for conclusion of the inquiry, but Alexander said the process could stretch through the summer. Ziegler is supposed to begin her 10-year term on the Supreme Court, Aug. 1.

Should the WJC decide to file a complaint after Aug. 1, it would be reviewed by the Supreme Court, which would put Ziegler’s fate in the hands of her fellow justices.

“Ultimately, it will be up to the Supreme Court to make the decision as the commission has no authority to discipline,” said Alexander, who stated the WJC is scheduled to meet at the end of June and again at the end of August. “I think it would be a stretch to think this matter will be concluded by the time she is sworn in.”

Commissioner Donald L. Bach recused himself from any involvement in the proceedings because of his working relationship with Hildebrand. Both are attorneys at DeWitt Ross & Stevens.

Ethics Board Complaint

Two days prior to the WJC announcement, the Wisconsin Ethics Board filed a complaint against Ziegler alleging she “violated the Wisconsin Ethics Code’s standards of conduct by acting on civil lawsuits affecting a bank of which her husband is the director.”

Specifically cited were at least five cases which Ziegler handled between April 1, 2004 and March 8, 2007 in which she allegedly violated Wis. Stat. 19.46.

Hildebrand acknowledged the parallels between the WJC investigation and the Ethics Board complaint, but maintained his position that the Ethics Board has no authority to act on judicial recusals.

“Even if the facts involved in the investigation are pretty much the same, the matters are within the purview of the Judicial Commission and not the Ethics Board,” said Hildebrand. “It’s unprecedented and we will seek a dismissal.”

Jonathan Becker, Legal Counsel for the Ethics Board, acknowledged that the complaint is unprecedented to the point that it is the first time allegations came to the board’s attention of a judge participating in matters that may be in violation of the ethical code of public office.

“That’s not to say it hasn’t happened in the past and it certainly doesn’t warrant a dismissal if it violates the law,” said Becker.

According to the investigation report, a judge wishing to be recused from a case may submit an Application for Judicial Assign-ment to the district court administrator.

During the three-year period reviewed by the Ethics Board, Ziegler submitted 30 Applications for Judicial Assignment. In none of those cases was West Bend Savings Bank a party.

In a release by the Ethics Board, Chair-man James R. Morgan said that the board’s investigation did not find any instance of the judge benefiting herself or any member of her family.

He went on the say that “a question about a judge’s favoritism toward a business with which a judge is associated should never arise,” and that, “a government official shouldn’t be acting on a matter that affects a business of which the official or official’s spouse is an officer or a director.”

The Ethics Board’s complaint is scheduled to be heard on May 17 by Reserve Judge David Deininger, who recently retired from the Wisconsin Court of Appeals.

Ziegler faces fines of up to $5,000 per violation, according to the Ethics Board.

If the Judicial Commission’s investigation ultimately resulted in sanctions, Ziegler could face reprimand, censure, suspension or removal.