Vos now probing the idea of impeaching Protasiewicz with former justices

MADISON - Republican Assembly Speaker Robin Vos is renewing consideration of impeaching a newly elected state Supreme Court justice a day after Democratic Gov. Tony Evers said he would not sign into law a plan from Vos to write new electoral maps in an effort to bypass the liberal-controlled court.

Vos and other Assembly Republicans put forward a bill Tuesday that would direct nonpartisan legislative agency staff to write new legislative boundaries — a move aimed at rendering moot lawsuits before the Wisconsin Supreme Court that could upend the current GOP-favored maps.

The proposal came about a month after Vos first publicly warned newly seated Supreme Court Justice Janet Protasiewicz would risk being impeached if she did not recuse from the redistricting lawsuits because she called the maps "rigged" while campaigning. Vos had softened his tone on impeachment just before releasing the new bill.

But Evers quickly squashed the proposal to draw new maps. Now, Vos has asked former justices to probe the idea of impeachment.

"I am asking a panel of former members of the state supreme court to review and advise what the criteria are for impeachment and to be able to go to the next step of this process. If we're not able to determine an off ramp," Vos said in an interview on WISN-AM.

Vos said he would prefer to have Evers sign into law his plan to write new maps.

"I don't have any fear of having a fair process. But if you have a justice that has predetermined cases, and is not going to take themselves off the case, I want to know what all of our options are so that we are ready to go if it is required, you know, that is my last option."

It's unclear which justices Vos will be consulting on the matter. Vos did not immediately respond to questions from the Milwaukee Journal Sentinel. He said on WISN-AM he would not release their names to avoid "lobbying."

Just a day before announcing his effort to probe the idea of impeaching Protasiewicz, Vos scolded the media for reporting his past comments floating the idea.

"It has to be where they violate the oath of office, right? Justice Protasiewicz who prejudged cases doesn't recuse herself, right? That could be something we would consider," he told WSAU host Meg Ellefson on Aug. 11 about what would push them to the point of considering impeachment.

Since Vos first raised the idea of impeaching Protasiewicz, Democrats have launched a $4 million ad campaign against Republican lawmakers. The Republican Accountability Project, a national anti-Trump group focused on voting issues, also announced a six-figure ad buy on Monday to pressure 20 lawmakers to back off impeachment.

Under Wisconsin law, a "civil officer" can be impeached for corrupt conduct in office or for committing a crime.

Vos has said it's "common sense" that Protasiewicz should not rule on a case she has "prejudged," referring to the redistricting lawsuits.

Protasiewicz said on the campaign trail that she would step away from cases in which the Democratic Party is a plaintiff or defendant. The party is neither one of those in the redistricting cases. Additionally, Wisconsin's Code of Judicial Ethics contains a unique provision that says a judge "shall not be required" to recuse based solely on an endorsement or campaign contribution.

Wisconsin's rules require recusal in situations including when the judge or an immediate family member has a significant financial interest in the case's outcome, or if the judge has made “pledges, promises, or commitments” to rule in a particular way.

More: Justice Janet Protasiewicz is under pressure to step away from a case. What to know about impeachment and recusal

In the 2007 case Duwe v. Alexander, a Wisconsin federal district court ruled that there is a “very real distinction between a judge committing to an outcome before the case begins … and a judge disclosing an opinion and predisposition before the case."

It is up to the individual justice to decide whether to recuse from a case.

If lawmakers were to try to impeach Protasiewicz, proceedings would begin in the state Assembly, where a simple majority must vote to impeach before the state Senate can take it up. From there, the Senate can conduct a trial based on the evidence. If two-thirds of the senators present vote to convict, the official is removed from office.

In the case of a judicial officer, once the Assembly votes to impeach, the official cannot perform the duties of their office without being acquitted by the Senate. That leaves open the possibility the Senate could sit on the Assembly action without scheduling a trial, effectively sidelining Protasiewicz and leaving the court evenly divided at 3-3 on ideological lines.

State laws offer another path to remove a sitting judge or justice: removal by address. Under that procedure, the "address" must specify "charges against a judge alleging misconduct or that the judge is not physically or mentally qualified to exercise the judicial functions of the judge's office." The judge may then present a defense to the Legislature, and could be removed with a vote from two-thirds of all members elected in each chamber.

THANK YOU: Subscribers' support makes this work possible. Help us share the knowledge by buying a gift subscription.

DOWNLOAD THE APP: Get the latest news, sports and more

This article originally appeared on Milwaukee Journal Sentinel: Vos consulting with former justices on Protasiewicz impeachment