Strangling Justice

I'll bet you thought that today's Wisconsin was all about high-tension politics and politicians, unions, and Democrats running to other states. But you would be wrong. The inner sanctum of the state's Supreme Court rivals the union occupation of the capitol. And the election fight over who would be the new or re-elected Justice was only the first round. There's a really fun donnybrook going on inside those hallowed chambers.

Wisconsin Justice Ann Walsh Bradley says that Justice David Prosser choked her in the court's back rooms. Prosser denies he did anything of the kind, and further that Bradley launched a physical attack on him that resulted in him having to push her away. I'm not quite sure where the phrase "judicial temperament" fits in here, so I'll leave the conclusion to you. If you'll remember correctly, conservative Justice Prosser was the jurist who was supposed to have been defeated by JoAnne Kloppenberg only to be re-elected handily when it was revealed that an entire voting district had not been counted.

The hot issue of the time was (and is) the public sector union collective bargaining agreements. The legislature and the governor finally passed legislation removing all public employee bargaining privileges except for wages, and those are tied to the cost-of-living. Rather than wait for the legislature to re-pass the legislation after legal challenges over the procedures used in the original vote, three of the four conservative justices were ready to issue a ruling upholding the procedure used. Prosser held out, wanting to withhold the opinion so there was no appearance of a "rush to judgment." He convinced the other three to wait.

Prosser thought he and his fellow conservatives had an agreement with the liberal Chief Justice Shirley Abrahamson, but could not get her to commit formally. She was being pushed by the other liberal justices, including Bradley, to issue the ruling right away. Seeking a firm determination, Prosser and the other three justices literally went searching for the chief justice. They found her, in Bradley's chambers. Prosser told the chief justice that he was quickly losing faith in her ability to make a decision and lead the court.

That did it. Bradley, who has a reputation for leading the chief justice around by the nose, got up from her chair, rounded the desk, and charged Prosser. Several witnesses describe Bradley as "getting right up to Prosser, then shaking her fist within inches of his nose." In such a situation, a man who didn't wish to accelerate the situation might push the other man away by pushing him on the chest. Needless to say, that wouldn't work with a woman. So Prosser pushed her away at the shoulders. Whether he even touched her neck or not remains to be seen.

Let the drama begin! Bradley was shouting "I was choked." Those in the room describe her as at least semi-hysterical. One justice pulled Bradley away, and said "Stop it, Ann, this isn't like you." Another justice said "Aw, c'mon, you weren't choked." But Bradley kept insisting "he put his hands around my neck in anger in a chokehold." Bradley may not be familiar with chokeholds, but if it were true, she would have been unlikely to make any such charges for at least a few minutes. The chokehold was long ago banned for use by the Los Angeles police because it can not only cause unconsciousness, but in certain sensitive people, it can even bring about death. But nothing's going to stop an hysteric.

And the drama continues. That Monday night, Bradley called Capitol Police Chief Charles Tubbs to report the incident. The next Wednesday, Tubbs conducted a closed-door lecture on "issues relating to workplace violence." Ah, nothing calms the waters like a good anger management, violence in the workplace seminar. Bradley was probably not a very good lawyer, because during the seminar she accidentally admitted that Prosser had not used excessive force.

The justice who had separated the two stated categorically that Prosser had applied no pressure whatsoever, let alone to her neck. She retorted: "That's only because you broke us apart." So, he might have choked her, given the chance, but didn't? It's beginning to sound like the Al Sharpton defense: "So it's not true--but it could have been."

But Bradley wasn't going to let logic get in the way of her anger. She demanded that the justices force Prosser into anger management counseling. I guess she was really, really angry when she made that outrageous demand. She made a very clear threat. If they didn't do what she wanted, she would take the next step and file a restraining order against Prosser. And what would that order say? "Justice Prosser is hereby restrained from defending himself with minimal force against an approaching harpy?" Or "Justice Prosser shall not choke Justice Bradley, even if he never has in the past and there is no credible evidence that he would in the future?"

The justices decided not to cave in to the threat, and as of this writing, no restraining order has been requested by Bradley. Chief Justice Abrahamson takes no stand on what occurred, Prosser and the other justices deny there was any choking or even anything like choking. That leaves only two witnesses who claim there was a choking--Bradley herself, and her law clerk who was not present in the room but only heard Bradley saying "I was choked."

At this point, it may seem like a tempest in a teapot, but it ain't over 'til it's over. The Capitol Police did a cursory investigation, then tossed the matter to the County Sheriff's office like a hot potato. This could stir the pot again. The sheriff is one David Mahoney. Mahoney is politically-active for Democrats and liberal candidates, and appeared in a TV ad supporting the reelection of Chief Justice Abrahamson. And guess who else was in that ad. Maryann Sumi, the judge who ruled that the legislature and the governor had acted improperly in the collective bargaining legislation. That is the ruling that Prosser and the conservative justices overruled. And finally, Mahoney supported Kloppenberg against Prosser in the recent election. Enough intrigue for you for the Independence Day weekend?