[Gintovtosik]

WI State Journal: http://host.madison.com/wsj/news/loc...cc4c03286.html

Wisconsin Supreme Court Justice David Prosser allegedly grabbed fellow Justice Ann Walsh Bradley around the neck in an argument in her chambers last week, according to at least three knowledgeable sources.

Details of the incident, investigated jointly by Wisconsin Public Radio and the Wisconsin Center for Investigative Journalism, remain sketchy. The sources spoke on the condition that they not be named, citing a need to preserve professional relationships.

They say an argument that occurred before the court’s release of a decision upholding a bill to curtail the collective bargaining rights of public employees culminated in a physical altercation in the presence of other justices. Bradley purportedly asked Prosser to leave her office, whereupon Prosser grabbed Bradley by the neck with both hands.

Justice Prosser, contacted Friday afternoon by the Center, declined comment: “I have nothing to say about it.” He repeated this statement after the particulars of the story — including the allegation that there was physical contact between him and Bradley — were described. He did not confirm or deny any part of the reconstructed account.

[EspanaCamsInfo]

What the hell? Why hasn't this guy been arrested?

[ashleyjoseph]

Think Progress: http://thinkprogress.org/justice/201...d-from-office/

Like all accused criminals, Prosser enjoys a presumption of innocence and he should not be condemned until the evidence clearly shows that he is guilty. Should the allegations prove true, however, there are at least four paths to remove Justice Prosser from office:

Resignation: The most obvious solution is that Prosser should immediately step down from his position on the state supreme court. It should be self evident that someone prone to violent outbursts has no business as a judge — much less as a supreme court justice — and if Prosser truely possess the independent judgment he claimed to have in his recent reelection campaign this fact should be clear to him as well

Impeachment: The Wisconsin Constitution permits judges to be removed through an impeachment trial and conviction. As under the U.S. Constitution, this process requires a majority vote in the state assembly to begin impeachment proceedings and a two-thirds vote in the senate to convict. Impeachment could potentially be the quickest way to prevent Prosser from ruling on any more cases until this matter is resolved, as the state constitution provides that “[n]o judicial officer shall exercise his office, after he shall have been impeached, until his acquittal.”

Removal by Address: A supermajority of both houses of the state legislature can also remove Prosser through a process known as “removal by address.” Under this process, “Any justice or judge may be removed from office by address of both houses of the legislature, if two−thirds of all the members elected to each house concur therein.”

Recall: As a last resort, Prosser may be removed by a recall election using the same process that was recently invoked to attempt to recall several state senators. Under Wisconsin law, however, elected officials enjoy a one year grace period during the beginning of their term in office where they are immune from recall. Because Prosser was just recently reelected, this means he could continue to serve as a justice for quite a while before a recall election could take place.

[Zjohkrbi]

Without looking ant the links, who voted how on the issue, and would this have any play on the outcome of the CBA decision.

An arrest wouldn't come without a thorough investigation, so without anything known for sure, I'm not surprised he hasn't been arrested.

[shodulsilfeli]

Here's more detail on Prosser's relationship with the Chief Justice and how the timing of the collective bargaining decision fit into this situation.

Wi State Journal: http://host.madison.com/wsj/news/loc...cc4c03286.html

The 4-3 decision, which held that Dane County Judge Maryann Sumi overstepped her authority in voiding the bill, was notably contentious. Chief Justice Shirley Abrahamson wrote a stinging dissent chiding the majority for “hastily reaching judgment” on a ruling that was “disingenuous, based on disinformation,” “lacking a reasoned, transparent analysis” and laden with “numerous errors of law and fact.”

Abrahamson singled out Prosser for criticism, calling his concurrence “long on rhetoric and long on story-telling that appears to have a partisan slant. Like the order, the concurrence reaches unsupported conclusions.” She said the ruling “seems to open the court unnecessarily to the charge that the majority has reached a pre-determined conclusion not based on the facts and the law… .”

In March, the Milwaukee Journal Sentinel reported that, in a disagreement over a case last year, Justice Prosser had called Justice Abrahamson a “total bitch” and threatened to “destroy” her. Prosser, the paper reported, confirmed making the remarks, saying he “probably overreacted” while accusing Justices Abrahamson and Bradley of being “masters at deliberately goading people into perhaps incautious statements.”

[freevideom]

Paul, your opinion?

[Thigmaswams]

Without looking ant the links, who voted how on the issue, and would this have any play on the outcome of the CBA decision.

An arrest wouldn't come without a thorough investigation, so without anything known for sure, I'm not surprised he hasn't been arrested.

Are there different laws in Wisconsin? If I put my hands around my neighbor's neck in anger with people witnessing it and the cops being called, I most certainly would be arrested.

[CreativeSuiteDown]

We'll see, I think that if this particular Justice was actually assaulted she would have already filed a complaint with the Madison police and the DA would have brought charges by now. This is a woman who wrote about the "bitch" comment that Prosser made earlier this year in an internal Email, then had a staffer tip off the media to file an open records request. I think it is entirely possible that this Justice (Bradley) got right in the face of Prosser screaming at him then he put his hands on top of her shoulders to create some space in their argument, which might be perceived as putting his hands on her neck. It would be interesting to know who leaked this to the media and who they are aligned with.

[drexigordiche]

Fair enough Paul. I agree.

Arrests usually need a decent enough amount of suspicion. As Paul points out, there's enough reason to question what happened in this case and whether someone not directly involved is blowing this out of proportion. People aren't arrested just because somebody claims something DES. Otherwise I could say Reg threatened me and that'd be enough to get him locked up even if it wasn't true.

[XzBZB2UV]

A different account of the moment of contact is emerging from a separate source.

WI Journal Sentinel: http://www.jsonline.com/news/statepo...124546064.html

According to some sources, Prosser wrapped his hands around Bradley's neck. According to others, Bradley charged Prosser, who raised his hands to defend himself and made contact with her neck.

A joint investigation by Wisconsin Public Radio and the Wisconsin Center for Investigative Journalism first reported Saturday on the incident, stating that Prosser "allegedly grabbed" Bradley around the neck.

...

Before leaving, Prosser "put his hands around her neck in what (Bradley) described as a chokehold," the source said.

"He did not exert any pressure, but his hands were around her neck," the source said. The source said the act "was in no way playful."

But another source told the Journal Sentinel that Bradley attacked Prosser.

"She charged him with fists raised," the source said. Prosser "put his hands in a defensive posture," the source said. "He blocked her."

In doing so, the source said, he made contact with Bradley's neck.

[h4z1XBI7]

A different account of the moment of contact is emerging from a separate source.

WI Journal Sentinel: http://www.jsonline.com/news/statepo...124546064.html

Continued from Richard's source Another source said the justices were arguing over the timing of the release of the opinion, which legislative leaders had insisted they needed by June 14 because of their work on the state budget. As the justices discussed the case, Abrahamson said she didn't know whether the decision would come out this month, the source said.

At that point, Prosser said he'd lost all confidence in her leadership. Bradley then came across the room "with fists up," the source said. Prosser put up his hands to push her back.

Bradley then said she had been choked, according to the source. Another justice - the source wouldn't say who - responded, "You were not choked."

In an interview, Bradley said: "You can try to spin those facts and try to make it sound like I ran up to him and threw my neck into his hands, but that's only spin. Note one thing here that Bradley doesn't deny; that she was the aggressor who charged at Prosser. If I had to call it right now I'd say that she initiated an assault on Prosser. So if anyone needs to go it would be her.

[jyhugikuhih]

So, this is just some schoolyard squabble between... oh, two state Supreme Court Justices? Jeez. Sanction both of them.

[dosugxxx]

So, this is just some schoolyard squabble between... oh, two state Supreme Court Justices? Jeez. Sanction both of them.

Why sanction Prosser if Bradley was the aggressor as it would appear (by both what was said and was not said) from the article above?

BTW -- Justice Bradley is a physically larger and younger person than Justice Prosser.

[venediene]

This source said this, another source said that... The truth is somewhere in the middle, but it seems like they were both acting like children. No way for Supreme Court Justices to act.

[PPActionnGuys]

This source said this, another source said that... The truth is somewhere in the middle, but it seems like they were both acting like children. No way for Supreme Court Justices to act.

Again, why do you think that Prosser was acting like a child? No source denies that Prosser was attacked by Bradley. Even the source that defends Bradley say no pressure was applied to her neck. What is wrong with defending yourself from an assault by fending off the attacker without harming them?

[Xodvbooj]

Would you just like me to cut and paste my previous response? That's the only answer you're getting, Paul.

[deandrecooke]

Oh well just raises some interesting questions in my mind. For example when is the use of negligble force by the elderly to fend off an assault considered justified?

Do others when they read a story in the media look at not only what is said but what is also not said? For example the Anthony Wiener case.

[enactolaelant]

The Dane County Sheriff has confirmed they are now actively investigating the matter at the request of the Capital Police Department.

Their official statement. http://www.countyofdane.com/press/details.aspx?id=2536

Today, at the request of the Wisconsin Capital Police Department, the Dane County Sheriff's Office opened an investigation into the June 13th incident involving an alleged altercation at the offices of the Wisconsin Supreme Court.

The Dane County Sheriff's Office recognizes the significance and sensitive nature of this investigation. Beginning today, detectives will work diligently to conduct a thorough and timely investigation. Because this case is in the very early stages, no further information is available at this time. WI State Journal: http://host.madison.com/wsj/news/loc...cc4c03286.html

Capitol Police Chief Charles Tubbs said in a statement that he turned the investigation over to the sheriff's office after consulting with members of the Supreme Court. He referred any questions about the investigation to the sheriff's office.

Prosser denies the incident occurred, while Bradley told the Milwaukee Journal Sentinel that Prosser put her in a chokehold after she demanded that he leave her office. The Wisconsin Judicial Commission is also investigating.

http://www.wicourts.gov/about/commit...ease062711.pdf

The Wisconsin Judicial Commission confirms that it received information
concerning an incident that occurred at the Wisconsin Supreme Court. The Commission
authorized an investigation of the incident at its meeting on Friday, June 24, 2011. The
investigation will be conducted without prejudgment in a fair and thorough manner in
accord with Commission procedures set forth in Wis. Stats. §§ 757.81-757.99 and
Chapter JC Wisconsin Administrative Code. These statutes and rules may be accessed
through the Commission’s website, www.wicourts.gov/judcom.

Judicial Commission proceedings are confidential pursuant to Wis. Stat. § 757.93.

The above information, however, is provided in accord with Wis. Stat. § 757.93(2).
The Commission will have no further comment.

[casinobonbiner]

How would you like to be the Dane County sheriff thrown into the middle of this? He is going to have to take the statements of six of the seven State Supreme Justices, (We are not sure if anyone else was in the room) make a determination which will probably have the effect of calling at least one, probably several of the Justices liars. Add to this as he is an elected official of Dane County, a Democrat, and will probably not be re-elected if he doesn't recommend charges be brought by the Dane County DA against Prosser. The Dane county DA will probably have to ask a special prosecutor to look at the case as he has myriad of potential conflicts of interest with this court. As to a possible trial, neither party could get a fair trial, there is little chance that a Dane County Jury would not convict Prosser nor is there any chance they would not clear Bradley no matter what the evidence.