According to Urban Dictionary, the definition of a “shit show” is as follows: “A description of an event or situation which is characterized by an [sic] ridiculously inordinate amount of frenetic activity. Disorganization and chaos to an absurd degree. Often associated with extreme ineptitude/incompetence and or sudden and unexpected failure” (emphasis mine). I do not think there’s a more apt description of Wisconsin’s Supreme Court in its current state.
For those not keeping track at home, the state’s highest court has produced a number of interesting scandals, two of which I will focus on. To make things even better, when combined with the now-traditional suffix “-gate,” these events produce some of the most hilarious names for scandals since Janet Jackson’s “Nipplegate.” First came “Bitchgate,” which took place in February 2011. With the Court arguing over a contentious issue, Justice David Prosser’s temper boiled over. This resulted in him yelling at Chief Justice Shirley Abrahamson, “You are a total bitch!” according to the Milwaukee Journal Sentinel. Justice Ann Bradley recounted the incident in an email sent to Prosser: “In a fit of temper, you were screaming at the chief; calling her a ‘bitch,’ threatening her with ‘ …”I will destroy you;’ and describing the means of destruction as a war against her ‘and it won’t be a ground war.'” Nice.
Then comes “Chokegate,” which involved, not surprisingly, choking. Yes, this is real. The details are contested, but the gist of the situation is that, while several justices were gathered in Bradley’s office discussing the contentious collective bargaining law, the argument became heated and, one way or another, Prosser’s hands ended up at the throat of Bradley. There are conflicting reports from the justices in the room as to whether or not Prosser was provoked. Regardless of who instigated the situation, it makes for quite the story – and not one befitting of the state’s high Court.
Of course, there are also ethical questions swirling around Justice Michael Gableman, which I wrote about last semester.
As the Wisconsin State Journal reports, these incidents have now culminated in a disciplinary case against Prosser, centered around the Chokegate incident. In response, Prosser has requested that Abrahamson and Bradley recuse themselves from the disciplinary case because of their involvement with the situation. If they agree to step aside, Prosser has said he will likely ask every other justice to do the same. If every justice were to recuse his or her self, the case would no longer happen, because the Supreme Court is the only body that can hear disciplinary cases against Wisconsin judges.
According to the Court’s rules, judges shall: “maintain a cordial and respectful demeanor,” “be civil in their dealings with one another,” “abstain from making disparaging, demeaning, or sarcastic remarks or comments about one another” and “abstain from any conduct that may be characterized as uncivil, abrasive, abusive, hostile or obstructive.” I’m not a lawyer, but Bitchgate and Chokegate may qualify as “uncivil, abrasive, abusive, hostile or obstructive.”
The point of all this is that the judicial system, and especially the state Supreme Court, needs to be better than this. Courts are supposed to be above petty politics and political divisions, especially during times of historic partisanship. Instead, our Court embodies them. As much incivility as there is in the state’s contentious discourse, it’s rare to see bickering – and violence – of this level. Each and every justice – from all points on the political spectrum – needs to set aside his or her ideological differences in order to, in the Wisconsin Court System’s own words, decide cases to “ensure independent, open, fair and efficient resolution of disputes in accordance with the federal and state constitutions and laws.” If they can’t, then Mifflin might have to relinquish its title as the biggest shit show in town.
Joe Timmerman ([email protected]) is a freshman majoring in math and economics.
