Vos says lawmakers may consider impeachment if Protasiewicz doesn't recuse from redistricting cases

MADISON - If Wisconsin Supreme Court Justice Janet Protasiewicz does not recuse from lawsuits challenging the state's legislative boundaries, Republicans who control the state Legislature might consider impeachment proceedings, the Assembly's top Republican said Friday.

Assembly Speaker Robin Vos, a Republican from Rochester, said in an interview on WSAU he does not believe impeachment should be considered lightly by lawmakers. But he said the idea could move forward if Protasiewicz does not recuse herself on cases he said she "prejudged" during her campaign for a seat on the state's highest court.

"If there's any semblance of honor on the state Supreme Court left, you cannot have a person who runs for the court prejudging a case and being open about it, and then acting on the case as if you're an impartial observer," Vos told conservative WSAU host Meg Ellefson when asked whether the Legislature could successfully defend the current boundaries with a liberal-controlled state Supreme Court.

"You cannot have a judge who said, you know, the maps are rigged because she bought into the argument that that's why we're winning elections, not the quality of our candidates, and then she sits on that trial acting like she's gonna listen and hear both sides fairly − that just can't happen."

Protasiewicz did not immediately respond to an interview request.

In January, Protasiewicz called the state's legislative maps "rigged" in a public forum and in March, she told Capital Times reporters in a podcast interview she would "enjoy taking a fresh look at the gerrymandering question."

"They do not reflect people in this state. I don't think you could sell any reasonable person that the maps are fair," Protasiewicz, a former Milwaukee County judge, said in the January forum. "I can't tell you what I would do on a particular case, but I can tell you my values, and the maps are wrong."

Vos suggested if Protasiewicz does not recuse from cases involving the maps, she would violate her oath of office, which might push lawmakers to consider impeaching her.

"I want to look and see, does she recuse herself on cases where she has prejudged? That to me is something that is at the oath of office and what she said she was going to do to uphold the Constitution. That to me is a serious offense."

Vos said court decisions wouldn't trigger impeachment discussions.

"It can't be because they make the decision on a court case that I disagree with, right?" he said. "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."

Protasiewicz has also supported abortion access, opposition of Act 10

Vos in an interview with the Milwaukee Journal Sentinel also pointed to Protasiewicz's public support for abortion access and describing Act 10, a 2011 law that limited collective bargaining abilities for most public workers, as unconstitutional.

Protasiewicz told the Journal Sentinel in March her opposition to the law, including participating in protests in 2011 and signing a recall petition of then-Republican Gov. Scott Walker, might result in a recusal if she were elected the court.

"I'd have to think about it," Protasiewicz said. "Given the fact that I marched, given the fact that I signed the recall petition, would I recuse myself? Maybe. Maybe. But I don't know for sure."

More: Protasiewicz says she will recuse from cases involving the state Democratic Party, Kelly says he will decide case by case

Vos says impeachment should be 'rare,' carefully thought out

Vos also emphasized he does not support launching proceedings without careful thought and said recent action taken by the new liberal majority created by Protasiewicz's election in April do not warrant impeachment discussions.

The four liberal justices in the first week moved to reduce the powers of the conservative Chief Justice Annette Ziegler and fired State Courts Director Randy Koschnick.

"I think what was happening at the Supreme Court is wrong. There is no doubt in my mind as a non-lawyer when I just read the language of the Constitution, some of the actions that they're taking are certainly constitutionally questionable. But the idea that we're going to immediately start an impeachment process is probably too radical," Vos said.

"I think it's wrong that we throw that word around without much comment on how rare it should be. Because you have to have something that really rises to a level that requires the person to be taken out of office because remember, if an impeachment occurs, what you are saying is we are substituting our decision as elected officials for that of the voter."

GOP caucus has power to hold impeachment trials under new supermajority

Earlier this year, Dan Knodl's election to the state Senate gave the house a GOP supermajority, unlocking powers for the caucus including being able to hold impeachment trials if Assembly lawmakers launched proceedings using a simple majority, which Republicans hold.

Knodl said in March if he won, he would "certainly consider" support launching such proceedings against Protasiewicz. But Senate Majority Leader Devin LeMahieu, R-Oostburg, also said after Protasiewicz's win over conservative candidate Dan Kelly that Wisconsinites should not expect Senate Republicans to pursue the move as a political weapon.

"To impeach someone they would need to do something very serious, so no we are not looking to start the impeachment process as a regular occurring event in Wisconsin," LeMahieu told WISN-TV.

The Wisconsin Constitution allows lawmakers to remove state officials "for corrupt conduct in office, or for crimes and misdemeanors."

Democratic Assembly member says Protasiewicz wouldn't need to recuse

Rep. Evan Goyke, a Democrat from Milwaukee who also is an attorney, said Vos' suggestion that impeachment may be possible is "nearly an admission of how tenuous the Republican legislative grasp on power is."

"That type of reaction shows how threatened the Republican majority is by a challenge to their rigged maps. It's really good evidence that the state is gerrymandered, that they'd be willing to go to such an unprecedented maneuver."

Goyke said he believes Protasiewicz's comments during the campaign are not a basis for recusal and expects Protasiewicz and other justices to follow a new recusal standard the liberal majority adopted for court operations.

"I also think that Justice Protasiewicz is a live human being in Wisconsin and understands that we are living in this gerrymander," Goyke said. "I don't think that one comment invalidates her ability to serve."

Goyke also said her 11-percentage point winning margin over Kelly in the April election is "a pretty clear mandate where the people stand."

Vos said Friday he is going to "wait and see how they act."

"But I hope that they will follow what is the established norm for the past 100 years," he said.

Molly Beck can be reached at molly.beck@jrn.com.

This article originally appeared on Milwaukee Journal Sentinel: Protasiewicz must recuse from maps cases or risk impeachment, Vos says