Prosser’s attorney asks fellow justice to recuse herself

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In a Tuesday letter to Justice Patience Roggensack, attorney Kevin Reak asked Roggensack to recuse herself from judging any aspect of disciplinary proceedings against Justice David Prosser.

Reak, of Gunta & Reak SC, Wauwatosa, is representing Prosser.

The Wisconsin Judicial Commission has accused Prosser of violating the judicial ethics code when he allegedly choked Justice Ann Walsh Bradley during an argument last year. Prosser said Walsh Bradley charged him and he defended himself.

Three appeals court judges will make a recommendation on discipline to the Supreme Court.

In his letter (PDF) requesting Roggensack’s recusal, Reak states: “I believe it is clear that you are disqualified by law from sitting as a judge in any part of this matter. You are a ‘material witness’ who was present at events on Feb. 10, 2010, and present at the incident on June 13, 2011.”

Prosser filed motions Thursday asking Walsh Bradley and Chief Justice Shirley Abrahamson not to participate in the discipline, saying they’re both witnesses to the incident and they’re biased against him.