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The Badger Herald

The Student News Site of University of Wisconsin-Madison

The Badger Herald

The Student News Site of University of Wisconsin-Madison

The Badger Herald

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GOP files complaint against judge in ID case

The state’s Republican Party filed a complaint Wednesday accusing a Dane County Circuit judge of violating a state statute after he did not disclose that he signed a recall petition when handing down a judgment that could invalidate the governor’s voter ID law.

The complaint, filed against circuit judge David Flanagan, comes after Flanagan issued a temporary injunction on Tuesday that barred the law requiring voters to present photo ID at the polls. Filed to address the judge’s signing of a petition to recall Gov. Scott Walker, the complaint states Flanagan should have recused himself from the case because he was unable to remain impartial in his ruling.

Republicans claim Flanagan violated state statute because he did not recuse himself from the case, which he could not judge impartially. Republicans also allege Flanagan violated a Supreme Court rule requiring judges in judicial proceedings to remain impartial and uninfluenced by outside factors.

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Republicans said in the complaint the lack of disclosure served to further the interests of the recall movement and Flanagan’s signing of the recall petition demonstrates his disagreement with the defendant of the case.

“If he is not able to be impartial he has the obligation to recuse himself or at the very least alert the parties that he signed the petition,” Ben Sparks, a spokesperson for the Republican Party of Wisconsin, said. “It’s very clear from what he did that it was impossible for him to be impartial.”

The complaint alleges the injunction that would temporarily bar the voter ID law impacts the recall election process. In the statement, Republicans are asking that the Wisconsin Judicial Commission investigate the allegations against the judge and “administer the appropriate penalties.”

Attorney General J.B. Van Hollen said in a statement Wednesday he and his staff are in the process of bringing the matter before an appellate court and his office will continue to support the voter ID law and see that it is upheld.

The party also claimed in the complaint that by not disclosing to the parties involved in the case he signed a recall petition, Flanagan “limited the parties’ opportunity” to file for judicial substation.

“In showing public opposition against Walker in signing the recall, [Flanagan] is aligning himself with the recall movement, committing violations on two fronts: a conflict of interest and a clear bias,” Sparks said.

Wisconsin Democracy Campaign executive director Mike McCabe said while signing the petition was an “unwise decision” on Flanagan’s part, a double standard is at play in the situation.

McCabe said the state Republican Party is being hypocritical because they were silent on the ethics case in which Chief Justice Michael Gableman received monetary gifts.

According to McCabe, the law itself “doesn’t speak to the issue of signing recall petitions,” making it unclear whether Flanagan’s signing was a violation of judicial ethics.

McCabe also said the Republican Party is “bellyaching” because Flanagan’s ruling was not in their favor and added both parties participate in these types of complaints only when it is the opposite party who seems to have committed an ethical violation.

“It’s just transparently partisan when an outfit files a complaint in this case but is silent in other cases when the ruling happens to be in their favor,” McCabe said.

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