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Republican Party files ethics complaint against judge (UPDATE)

By: Jack Zemlicka, [email protected]//March 7, 2012//

Republican Party files ethics complaint against judge (UPDATE)

By: Jack Zemlicka, [email protected]//March 7, 2012//

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Judge David Flanagan

The Republican Party of Wisconsin filed an ethics complaint Wednesday against the Dane County judge who halted implementation of the state’s voter identification law and also signed a petition to recall Gov. Scott Walker.

The complaint filed with the Wisconsin Judicial Commission alleges Judge David Flanagan violated the state Supreme Court’s judicial code by failing to disclose a potential conflict of interest. It also states the judge should have recused himself from the case, in which Walker is a defendant.

The NAACP’s Milwaukee branch and immigration rights group Voces de la Frontera filed the lawsuit last year. They named Walker and members of the Government Accountability Board as defendants.

Flanagan’s motion Tuesday ordered the GAB to immediately cease any effort to enforce or implement the law in advance of the April 3 general election. An April 16 trial is set to determine if the injunction will be permanent.

State Attorney General J.B. Van Hollen said Wednesday he will appeal Flanagan’s ruling. Van Hollen said he will move quickly to bring the ruling before an appellate court and he is confident the law will be upheld.

The GAB plans to meet Monday to discuss Flanagan’s ruling, it said Wednesday, and discuss whether to appeal, as well. The board also plans to meet with attorneys from the state’s Department of Justice.

Flanagan could not be reached for comment Wednesday. An outgoing message at the judge’s court office Wednesday afternoon asked that all requests for comment on the voter ID lawsuit be made in writing to the courthouse.

After the judge halted implementation Tuesday of the voter ID law, of which Walker is a staunch supporter, it was revealed Flanagan signed a petition Nov. 15, circulated by his wife, to recall the governor.

Republican Party spokesperson Ben Sparks said judges are in a unique position of having to evaluate their impartiality and in this case, Flanagan should have withdrawn given his signing of the recall petition, which, at the very least, provides the perception of bias.

“Governor Walker is listed as a defendant and this judge clearly signed a recall petition,” Sparks said. “Of course that makes him impartial according to statute.”

Richard Saks, attorney for the NAACP in the case, did not immediately return calls Wednesday. But on Tuesday, he said Flanagan’s signature shouldn’t disqualify the judge from the case.

“He’s a citizen. He has a right to vote,” Saks said. “He has a right to participate in the political process and the discourse of our state. I don’t think it had any bearing on his decision in this case.”

According to the Republican Party’s complaint, Flanagan violated laws and Supreme Court rules dictating that judges should remove themselves from cases if there is a “reasonable” suspicion of impartiality.

But Madison attorney Thomas Basting Sr., of Midwest Mediation LLC, who has prosecuted complaints for the  Judicial Commission in the past, said Flanagan’s actions don’t warrant discipline under the current rules and statutes because his decision to sign the recall petition is a right that didn’t need to be disclosed.

“I think this is the same thing as casting a ballot,” he said. “This is pretty discretionary and I don’t think it rises to the level of judicial discipline.”

The Associated Press also contributed to this report.

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