Protasiewicz declines recusal in Gableman discipline case

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Wisconsin Supreme Court Justice Janet Protasiewicz said Thursday she will not recuse herself from former Justice Michael Gableman’s disciplinary case.

A referee with the Office of Lawyer Regulation (OLR) recommended to the Supreme Court that Gableman’s license be suspended for three years. The suspension stems from his handling of an investigation into the 2020 presidential election in Wisconsin. Gableman had asked Protasiewicz to recuse herself based on a statement she made in June 2022 during her Supreme Court campaign.

Protasiewicz said she looked at Gableman’s request and conducted a legal analysis before deciding she would stay on the case.

“My press release stated my beliefs about judicial independence, the rule of law and Gableman’s fitness to hold judicial office. It did not address the matters now before the court. I am confident that I can, in fact and appearance, act impartially in this attorney disciplinary proceeding,” Protasiewicz wrote. “Michael J. Gableman has failed to carry his burden of proving that I must recuse myself from this attorney disciplinary proceeding. Therefore, I deny his motion for my recusal.”

The court has not announced when it will release its decision on the case.

The OLR complaint stems from Gableman’s investigation into allegations of voter fraud related to the 2020 presidential election in Wisconsin. Under pressure from President Trump, Republican Assembly Speaker Robin Vos hired Gableman to lead an election probe.

The investigation failed to uncover any widespread fraud. Throughout the seven-month inquiry, which cost $2.3 million, Gableman was sued over his response to open record requests and subpoenas and countersued. Vos fired him in 2022, calling Gableman an “embarrassment” and saying he deserved to lose his law license.

According to the OLR complaint, Gableman made false statements, disrupted court hearings, questioned a judge’s integrity, made derogatory remarks about opposing counsel and violated open records law.

Gableman asked three justices to recuse themselves from the case — Protasiewicz, Susan Crawford and Rebecca Frank Dallet. Crawford, who was a Dane County judge when Gableman testified in the court and disparaged a fellow judge, recused herself from the case while Dallet declined.

Gableman was a member of the Wisconsin Supreme Court from 2008 to 2018.