Republicans expected to discuss Protasiewicz in caucus Wednesday as senators take up ethics panel confirmations
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MADISON – Senate Republicans on Wednesday are expected to discuss options for impeaching or seeking other sanctions for newly sworn-in liberal Justice Janet Protasiewicz if she does not recuse herself from redistricting cases.
Sen. Van Wanggaard, R-Racine, told reporters after a committee hearing Tuesday that he was sure the topic would come up in the caucus' conversations, though he said he has not spoken to Assembly Speaker Robin Vos, who would kickstart impeachment proceedings in the Assembly.
"I don't think we're looking at any one specific thing at this point," he said. "I've talked to a couple of my colleagues and they're all waiting to see what happens in the Assembly."
Wangaard's committee has been taking up appointments to the state Judicial Commission, which could receive complaints against the state Supreme Court's new liberal majority. On Tuesday, the committee held a hearing for two of the confirmations after taking up three others in early August.
"The only thing that we have to depend on is that the commissioners are going to do their job and follow the law without putting any perspective of political bias into it," Wanggaard said.
Senators turned from recusal issues to internal tensions on the court as they questioned two appointees, Yulonda Anderson, the most recent head of the commission who works for the State Public Defender Milwaukee trial office, and Jane Foley, who worked for the Milwaukee County District Attorney’s Office.
While questioning the nominees, Wanggaard alluded to conservative Chief Justice Annette Ziegler's emails to the court, in which she criticized liberal members for conducting business in private. He also referenced new state courts director Audrey Skwierawski signing reserve judge orders and taking a leave of absence from her current judicial position, which Ziegler said was not allowed.
"The confidence is shaken," Wangaard said of the state Supreme Court. After the hearing, he described disputes within the court as a "food fight."
Sen. Kelda Roys, D-Madison, praised the nominees for not participating in "political nonsense" and criticized Republicans for asking nominees "to prejudge things that have not come before you, to do exactly what they're complaining about."
Anderson and Foley said the commission only handles issues of judicial misconduct, not administrative issues on the Supreme Court, like open meetings laws. The appointees said they were not familiar with "walking quorums" — terminology Ziegler used to criticize the actions of the four liberal justices — and who holds the authority to appoint reserve judges.
Foley said she was unsure about judges taking a leave of absence but later acknowledged there was a precedent set by a Milwaukee County judge resigning to take a Fulbright position in Bosnia because there was no sabbatical policy. She said the commission would look into the issue if it came before the panel.
Wanggaard also raised concerns Tuesday that complaints and how the commission acts on them are confidential and not subject to open records requests until the panel reaches a decision. Wanggaard said he may seek changes to the statute.
The committee took up three other nominations to the Judicial Commission in August, where they questioned Democratic Gov. Tony Evers' appointees who were never confirmed by the Senate. Senators asked how the nominees would handle issues of recusal, referencing Protasiewicz publicly calling Wisconsin's electoral maps "rigged" during her campaign.
Republicans in that hearing also narrowed in on appointees' political donations and history, including commissioner Judy Ziewacz's role on the board of Law Forward, a liberal-leaning law firm that filed a redistricting lawsuit directly to the court a day after Protasiewicz took the bench.
Republican senators also asked the nominees about recusal Tuesday, referencing Protasiewicz's comments on redistricting. Foley said the commission has not received a similar complaint before but "would welcome it, look at it, talk about it, listen to my other commissioners, and make a decision and vote on it."
"I don't think that my personal feeling about that is something that I should make a statement about right now," Foley said. "I have to look at all the facts."
Sen. Dan Knodl, R-Germantown, said Foley shows up online as having endorsed Protasiewicz's campaign, but Foley said she had not supported or donated to Protasiewicz or any judge since joining the commission in 2021.
Wanggaard told reporters after the hearing that he was concerned with the appointees' "lack of clarity" Tuesday and that they did not know what a "walking quorum" meant. At the hearing for three earlier appointees in August, Wanggaard said he was impressed with their responses but would review their testimony.
Wanggaard said the committee would meet in executive session in the next couple of weeks to vote on the five appointments. From there, the full Senate would make a final decision whether to confirm or reject their appointments.
This article originally appeared on Milwaukee Journal Sentinel: Republicans expected to discuss Protasiewicz in caucus Wednesday
