03.18.07
Following the Law
Continuing my love for contradicitions, I present for you bits from two articles: One an opinion article in the February 24th, 2007 edition of the Wall Street Journal by Maureen Martin, an attorney who is senior fellow for legal affairs at the Heartland Institute, and the other from the front page of the Wisconsin State Journal on March 6th. I’ll present them in a back-and-forth format.
For the past few years, some judges in Wisconsin have been rewriting state law from the bench. Now it’s possible that they soon may go even further by rewriting the Wisconsin constitution.
Ziegler said she uses a “gut check” to decide if she has a conflict of interest.
There is a disconnect between traditional democratic principles and the notion that citizens need not uphold provisions of state and federal constitutions with which they disagree.
Supreme Court rules state that judges have a conflict of interest in cases in which they or a spouse are a party to the case or “an officer, director or trustee of a party” — in this case, [West Bend Savings Bank, where her husband is on the board of directors(or, as found out later, the cases with companies in which she owns more than $50,000 in stock.)]. A judge must act on the conflict “as soon as the judge knows of the conflict,” said James Alexander, executive director of the Wisconsin Judicial Commission, which enforced the Supreme Court rules governing judges’ conduct.
Once a conflict is discovered, judges have two choices: withdraw or offer the parties the oportunity to waive the recusal, Alexander said.
Now, I’m not about to say that, for sure, Linda Clifford is better for Wisconsin than Annette Ziegler, just because we’ve found out that, as a judge, Ziegler has previously not bothered following the rules. What I will say is that this election is about one thing: Do you prefer to have conservative justices make stuff up from the bench(vote for Ziegler!), or do you prefer to have liberal justices make stuff up from the bench(vote for Clifford!)? Pretending that the liberals somehow have a lock on ignoring the law(constitutional or otherwise) is ridiculous.