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Prosser seeks another recusal in case against him

Justice David Prosser

The majority of justices on the Wisconsin Supreme Court have been asked to step aside in the pending disciplinary case against their colleague, Justice David Prosser.

Prosser attorney Kevin Reak, of Gunta & Reak SC, Wauwatosa, on Wednesday filed a letter with the Supreme Court requesting that Justice Patrick Crooks recuse himself from the proceedings.

In the letter, Reak stated that because Crooks was a material witness when Prosser placed his hands on rival Justice Ann Walsh Bradley’s neck during an argument last year, he cannot sit on the case.

Prosser has already asked three other justices – Pat Roggensack, Bradley and Chief Justice Shirley Abrahamson – to step out of the case because they were witnesses. He also has accused Bradley and Abrahamson of being biased against him.

The Wisconsin Judicial Commission filed a complaint against Prosser on March 16. State law calls for a panel of appeals court judges to make a recommendation on discipline to the Supreme Court.

However, if four or more justices recuse themselves from the case, the court would not be able to rule on any disciplinary recommendation made by the appellate panel.

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