Liberal Groups File Lawsuit to Counter Republican Efforts to Force New Supreme Court Justice Off Redistricting Case

Friday, September 1st, 2023 -- 9:01 AM

(Jessie Opoien, Milwaukee Journal Sentinel) A Republican effort to force Justice Janet Protasiewicz off a redistricting lawsuit is an effort "to nullify the election" she won in April, liberals argue in a new filing with the state Supreme Court.

Republican senators named as defendants in the lawsuit challenging Wisconsin's electoral maps filed a motion last week requesting Protasiewicz, a former Milwaukee County judge, recuse herself from the case.

Protasiewicz, who won the April election with an 11-point margin, called the maps "rigged" during her campaign and said she would "enjoy taking a fresh look at the gerrymandering question."

Republicans argue that between those comments and the millions of dollars the Democratic Party of Wisconsin spent in support of Protasiewicz's campaign, she cannot act on the dispute impartially "because she has prejudged the case."

"At the very least, those statements create the appearance that she cannot act impartially," lawyers for the GOP senators argued. Protasiewicz has said she would recuse herself from cases brought by or against the state Democratic Party.

There are two redistricting lawsuits before the court, neither of which involves the party. Lawyers representing the voters who brought the case argued in a response filed Tuesday that the GOP senators' arguments are without merit.

The filing argues that Republicans filed the motion because they were "unhappy with (the April) electoral result, which they could not prevent through gerrymandering." The filing notes that conservative justices who received financial support from Republican groups did not remove themselves from previous redistricting challenges heard by the state's high court.

Referencing Protasiewicz's comments on the campaign trail, they argued "there is no recognized basis to require recusal based on campaign remarks." The comments were "well within the requirements of the Code of Judicial Conduct," they wrote.

Lawyers also argued the voters on the case are not seeking to maximize an advantage for the Democratic Party, arguing "ungerrymandering the map favors voters, not parties."

"Respondents’ demand that Justice Protasiewicz recuse herself is not only unsupported by fact or law, it would be contrary to her duties as a sitting justice on the Supreme Court," they concluded.

"Respondents ask her to abdicate her responsibility to administer justice in this case, and to discharge her duties as a member of this Court elected by the people of the state of Wisconsin. Granting Respondents’ motion would be a violation of her oath of office and would render meaningless Wisconsin voters’ constitutional right to elect the justice of their choice."

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