Activists call for justice to step aside at ‘Prosser Must Go’ rally

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More than 200 people attended a rally outside the state Capitol on Tuesday calling for Justice David Prosser to take a leave of absence from the bench, pending the outcome of a criminal investigation.

Justice Ann Walsh Bradley has accused Prosser of putting her in a chokehold during an argument in her office last month — a charge he denies. Authorities are investigating the allegations.

Several women’s rights groups, public officials and members of the legal community spoke at the “Prosser Must Go” rally Tuesday, and have requested that the justice temporarily step aside during the investigation.

Lisa Subeck, Madison alderwoman and executive director of NARAL Pro-Choice Wisconsin, said if Prosser is found guilty of the allegations, he should resign from the court.

“It seems in many ways like a no-brainer,” she said.

Neither Bradley nor Prosser were in attendance and neither responded to calls seeking comment.

Anthony Prince, a labor and employment attorney who spoke at the rally, said afterward that at the very least, Prosser should have to follow standard procedure when there is an allegation of workplace violence.

He argued that Prosser is “placing himself above the law,” by not taking administrative leave, which is the typical protocol after a workplace incident.

“When those administrative steps are not taken by the Supreme Court of Wisconsin,” Prince said, “it sets a very bad tone for how to handle similar incidents at other workplaces in the public and private sector.”

Prince serves as chair of the Madison Chapter of the National Lawyers Guild and is in-house counsel for the Teamsters Local 705 in Chicago.

Other speakers at the rally included Dane County Supervisor Melissa Sargent and former Dane County Supervisor Kathleen Falk.

At this point, Subeck said after the rally, Prosser has not responded to the request to step aside, a move which she acknowledged is largely symbolic since the Supreme Court won’t be back in session until Sept. 1.

Subeck and Prince said they plan to keep the pressure on Prosser and are considering additional steps to encourage he take a leave.

Prince said the guild chapter is considering legal action to request disclosure of details of the ongoing investigation, to ensure proper procedure is being followed.

“We want to monitor the content of this investigation,” he said. “We don’t want to just be told it was looked into and nothing happened.”