David Prosser, just re-elected to another 10-year term on the Wisconsin Supreme Court in a tight election, allegedly “grabbed fellow Justice Ann Bradley Walsh by the neck” prior to the release of the hasty ruling on the anti-union bill, which the court eventually upheld.
Details of the incident, investigated jointly by Wisconsin Public Radio and the Wisconsin Center for Investigative Journalism, remain sketchy. The sources spoke on the condition that they not be named, citing a need to preserve professional relationships.
They say an argument that occurred before the court’s release of a decision upholding a bill to curtail the collective bargaining rights of public employees culminated in a physical altercation in the presence of other justices. Bradley purportedly asked Prosser to leave her office, whereupon Prosser grabbed Bradley by the neck with both hands.
Justice Prosser, contacted Friday afternoon by the Center, declined comment: “I have nothing to say about it.” He repeated this statement after the particulars of the story — including the allegation that there was physical contact between him and Bradley — were described. He did not confirm or deny any part of the reconstructed account.
The Capitol Police were apparently called out for this incident, and the Wisconsin Judicial Commission, the investigative overseer of the judicial branch, was brought in on the matter as well, though they did not confirm or deny this.
During Prosser’s re-election campaign, there was an report that he called Chief Justice Shirley Abrahamson a “total bitch” who he would “destroy,” comments Prosser eventually acknowledged. So this is at least the second incident of violent verbal or, in this case, physical violence coming from Prosser.
Prosser, A Republican, won re-election by around 7,000 votes out of nearly 1.5 million case over JoAnne Kloppenburg, a Democratic assistant US Attorney. Kloppenburg had a razor-thin lead before thousands of votes from the city of Brookfield in Waukesha County were mysteriously “found” two days after the election. After a recount, the decision was confirmed, and Prosser awarded the victory.
But after this incident, that decision may have to be rethought. Assault of this type, if it’s proven true, is a class H felony under Wisconsin law. As Ian Milhiser notes, there are mechanisms in Wisconsin to remove Prosser, although it’s doubtful any of them would be employed immediately. Prosser could be impeached, but that would require a majority vote in the Assembly to impeach and a 2/3 vote in the Senate to convict. There’s something called a “removal by address,” but again that’s through a 2/3 vote of each house of the legislature. Prosser could actually be recalled from office, much like the Senate recalls. But he gets a one-year grace period from the beginning of his term (which doesn’t start until August), so that couldn’t occur for a year.
So the only real option is resignation, which I would suspect some organizations in Wisconsin will call for soon. We’ve all seen Republicans in Wisconsin ignore standard norms practically every step of the way since the election of Scott Walker, and I wouldn’t expect any different from Prosser. But he deserves a lot of pressure over this. The guy obviously has nothing close to a judicial temperament, and may actually be a felon under Wisconsin law.
Another interesting aspect of this is the timing, coming right before the release of the decision on the anti-union law. You may remember this highly ideological decision, written in part by Prosser, where the state Supreme Court along party lines both took the case and gave the ruling on the same day. The ruling amounted to “if the legislature does it, then it’s not illegal,” dismissing the violation of open meetings requirements during the passage of the anti-union bill by saying basically that the legislature wasn’t bound by it. There have been allegations of close contact between Republican Justices and legislative leaders, and the evidence surrounding the case comes close to confirming that. Assembly Speaker Jeff Fitzgerald announced on June 13 that, if there were no Supreme Court decision, his chamber would pass the anti-union bill again as part of the budget. The next day, the Supreme Court delivered their ruling.
I would imagine we haven’t heard the last of this.




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I can’t think of any place I’ve worked in the last 40 years where any man could get away with doing that to a womand without being fired.
Technically that kind of outburst is considered misdemeanor battery. But yeah it typically does get you fired, if not disbarred.
David, your digging was better than anything I could google. Good reporting.
GOP thugs seem to be thick skinned and unless Prosser is prosecuted and convicted, who’d remove him. Even if convicted or disbarred, I bet he’d remain on the Court, unless he got jail time. Be interesting to see all the permutations of his actions.
That election should have been annulled and a new election ordered with independent overseers. Something stinks to high heaven.
Just wrote on this myself – the fact that both Prosser and Bradley refuse to speak publicly about this, even to deny it, indicates that this has already entered the criminal and legal arena.
er…how about arrested?
I was just thinking of what you always say – “Stay Classy.” This judge would seem to have mental problems because no one in their right mind would do this sort of thing that would get you removed or even prosecuted. The Rs may decide that he needs to resign in order to not taint them.
Prosser doesn’t seem like to type type to resign. Choking a collegue in chambers reeks of entitlement. But I’m *always* wrong about these things.
This is surprising? Prosser is Walker’s goon.
No, he doesn’t seem the type to resign, but the pressure may build to the point that he has no other choice. My guess is that he has problems that can’t be repaired.
Color me pessimistic. By the time
Il DuceWalker’s regime is done with this,it’ll be Justice Walsh who’ll be charged with something.
I guess we need another version of the statue. The lady needs to be sculpted in a chokehold:
http://en.wikipedia.org/wiki/Lady_Justice
*heh* Her neck was asking for it, perhaps?
So, let’s see if I’ve got this correct.
The corp-owned media, etc, goes ape-sh*t over Anthony’s weiner, which, while the action was dubious, etc, really isn’t quite abuse. But Weiner is pretty much forced to resign in disgrace.
So, what do you want to bet that we hear next to nothing about this incident with one male Judge assaulting & battering a female judge, which appears to have been done in order to intimidate & coerce her into complying with an anti-Union decision (which the citizens of WI had made evident that they disagreed with it)??
Will we have the Sunday am Very Important Talking Heads wagging their tongues and tsk-tsking this action?
Pull the other one – eh??
So sure that Kock money will be pouring forth in an attempt to cover up their clearly organized crime goon intimidation tactics to FORCE their WILL onto others, including judges.
Citizens! Hear ye, hear ye!!! Is THIS how YOU want your country run??? By Mafia-like THUGS????????
YOU be the “judge.”
Thanks for this important post. Very interesting; very chilling; but I sure do hope THIS story can grow some legs…
yeah, Justice Bradley’s neck just got in the way of THUG Prosser’s chokehold… yeah, yeah, THAT’s the ticket!
Her neck was not modestly covered, no doubt…like with a proper tie.
She wasn’t wearing a helmet. Maybe the Packer defensive line could loan the female justices some gear.
You mean, like: the Koch’s threatened to NOT to PAY-OFF Prosser with Lot$$ of ca$h dollar$ if Prosser could not chokehold Walsh into going along with the KOCH’s “decision”??? Yeah, that IS a big problem, isn’t it???
Methinks the female justices need to wear full football gear with ALL padding, along with neck braces. Sheesh…. talk about needing danger pay… Do the Koc
khs pay extra for being throttled??????? Or only if your neck ends up black & blue?????Our society has decided it is ok to torture people, it is ok for police to taser people already handcuffed. People will not care about this and it will get the “boys will be boys” treatment.
Un-frickin-believable. But I can just hear T-GOPers now *defending* Prosser if this info makes it into the mainstream. No doubt the Koc
Kh’s rightwing thinktank hacks are coming up with Rush Limbaugh’s diatribe against Walsh as I type this… /not snark.I owe you a drink! Yeah: that is EXACTLY what Limbaugh will say. Horrid. Gotta run, but whatever your drinking, it’s on me!
IOKIYAR. Prosser. Clerence Thomas. David F’ing Vitter.
Let’s go with fired, disbarred and consigned to pushing a broom.
Prosser’s behavior is what Republicans consider successful anger management.
Republicans and Kochites aren’t engaging in political persuasion and debate. They have convinced themselves this is an existential debate between good and evil, which makes any behavior by them acceptable and the sheer existence of their opponents a threat to humanity.
The rule of law would suggest that if Mr. Prosser acted as claimed, he committed a felony and should be sent to jail. Under such a cloud, he should not be sitting in judgment of others pending the outcome of his criminal prosecution. Within a year, the good citizens of Wisconsin will have another opportunity to determine his electoral fate. His legal fate should already have been determined by state bar authorities, his state judicial ethics panel, the civil courts, and public opinion.
Mr. Prosser doesn’t seem to be much of a fan of the rule of law and the idea that everyone is innocent until proven guilty, but he should now have a first hand look at why such principles are vital in maintaining a civil society.
Agreed. Prosser will never resign unless pushed out by his governor, his peers and the GOP machine, and then only if assured a soft landing financially and with respect to his criminal record. Mr. Prosser is innocent until proven guilty, however, a consideration he seems unwilling to confer on anyone he disagrees with.
Sorry. I have to take exception with your first paragraph. Please allow me to make some corrections:
He’s a dangerous threat to his fellow citizens…count the ways…arrest the thug.
Like this is a surprise? These people are THUGS!
Up to $10,000 and six years in jail. If only.
Thnx for exploring this story in good detail, David.
Mark Sanford
There appears to be a pattern here. I don’t know Prosser at all, but my experiences with people that do what he’s done leads me to believe that he is an evangelical Christian that simply cannot abide a challenge from a strong woman. I say that because, again, I have seen exactly that behavior before. There is “something” about certain evangelicals that believe that women should defer to men (other evangelical religions besides Christianity do this too, so I’m not picking on just Christians) and they become enraged when their ideas are challenged by a female. Psychopathic if you ask me.
Oh please you lefties always get so worked up about these things. You’d think he emailed a picture of his dink or something equally as heinous. He just ch*ked a b*tch.
I think the right is succeeding because it’s just gone so far over-the-top that most supposedly respectable pundits and politicians don’t even want to admit to themsevles what’s happened to this country.
I mean can you in your wildest imagination associate this goon with impartial justice? It’s totally absurd to think that this creep can issue any opinion without bias.
And how many times has a co-worker choked you? I worked in some fairly tough environments early in my career back when women weren’t always respected on the job but I never would have imagined anyone I worked with CHOKING me!
We weren’t surprised when a certifiable lunatic shot Giffords but what do we have here!! The pinnacle of a state’s system of law and order literally caught in a chokehold by zealots.
How about FDL’s commit to making a phone call or fax to the Wisconsin Supreme Court to express our thoughts?
608-266-1880
608-267-0640 fax
dear lord we’ve turned into a fourth-world country
and he seemed like such a nice fellow…
/s
They believe that women do not possess souls and can only attain grace by submission to their man in the same manner that he submits to the will of God.
I’m not pissed at Prosser at all. I’m pissed at that craven coward Kloppenberg for not filing for a full recount, suing to stop certificaiton of the election, going to the mattresses, etc. Everything else flows from that.
Joanne Kloppenberg:
Typical. Gutless. Dem.
A-r-r-g-g-g-h! I’d love to think you’re kidding, but unfortunately I’m pretty sure you’re not.
Fixed it for ya.
Actually, the GOP/Media sez she’s evil for demanding a recount.
She probably figured it was a battle that she could not win. In this case I can’t blame her. Prsser deserves to be throwen in jail and disbarred.
Did Walsh file charges, I hope so.
You never know if you can win until you commit to the fight. Besides, the legal challenges might have revealed otherwise unknown and incriminating info that would let her win.
And what Prosser “deserves” has nothing to do with it. It’s what he has to suffer that counts. And that’s gonna be nothing, nada, unless people attack him as ardently as he and his ilk attack us. It’s fight or fail.
Walmart?
First they wanted to redefine rape, next they are gonna want to redefine choking.
Look pal you don’t need to jump down my throat that’s my opinion and I’m intitled to it. Did I say what he deserves is linked to anything. Law suits cost money you want to chip in or you just want to run your mouth. You’re not pissed at Prosser for chocking a person, now that’s interesting.
LOL. So sad.
The tweets say Prosser gave her a Christian neck hug.
In the supposedly left wing bastion of resistance against encroaching fascism that is Wisconsin, whatever the actual result of this wingnut’s election may have been, and in the face of Walker and all the protests, vast numbers of “ordinary folks” in Wisconsin still voted for this piece of slime.
You do see the problem, don’t you? As Chris Hedges said, “we’ve lost”.
The election was kind of hinky so who really knows.
This is an example of radical republicans taking advantage of their political positions. Their acts have been dictatorial and mean. We as democrats must go to the polls and stop their advancements or our country will be doomed.
Can’t taint a Republican.
Meet the republcans you voted into office. This is just the beginning.
I have to agree the Democrats do not fight for what they believe in. And if we keep following the independents we are all going to see our nation fall apart.
You guys voted these people in office. If you didn’t personally, you did by not seeing the writing on the wall. Our country is becoming more dictatorial. The more power the republicans become the less freedoms we will have. It’s either their way or no way.
This is an idea that has to become part of our agenda to keep this country from becoming a fascist state.
Good thing she is not my mother. I would commence to kick his rear end.
It will if you get on Facebook and tell your friends.
yep.
Yep, again
Great comment.
Sounds like Prosser was not of sound mind when he made the ruling. Perhaps that needs to be considered…
I wonder if this is the most dysfunctional state supreme court in the US.
It’s a political star chamber on both sides.
Each of them is entirely predictable in a decision. Each of them can count. Hence, there is little need or use for any one of them to argue in another’s chamber. But if that did happen, it would still take two to tango, as always.
So am I to suppose Prosser went to see Walsh to convince her to vote with the right wing, and he was surprised and upset when she unexpectedly refused? It would be an extra, unnecessary vote. She is a liberal. So he chokes her. Go figure.
There is more to this we should hope to learn, and probably won’t.
Even enemies there must occasionally share an interest, and in this case it seems to be about keeping quiet.
Isn’t this violent behavior illegal, as in “assault and battery”? And if it is, why didn’t the victim file charges? Is there a Democrat or liberal anywhere with a spine?
>>Technically that kind of outburst is considered misdemeanor battery. But yeah it typically does get you fired, if not disbarred.
I think you have overlooked the law specifically involving assaults on a judge:
940.203(2)
(2) Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of any judge under all of the following circumstances is guilty of a Class H felony:
http://law.justia.com/codes/wisconsin/2010/940/940.203.html
The interesting thing is that 940.203(2) does not require intent, unlike the more general criminal battery laws.
But it does say “intentionally causes bodily harm.” With choking it can be hard to prove that was the intent. Plus I think the police would have arrested him if their initial investigation led them to believe a felony had been committed.
Nonetheless, as I said, he could still be in serious trouble with the judicial commission and the bar.
He needs to resign. No justice/judge should be able to keep their seat after an attack on a fellow court member. This is outrageous. If he does not resign he must be removed from office. Violence in the workplace is unacceptable.
Huh? The capitol police were called out, so I don’t think it was playful, fake choking. Asphyxiation qualifies as bodily harm.
Maybe he wasn’t chocking her, but feeling her neck to see if she had a spine.
Why doesn’t someone move to disbar him. If he’s not a lawyer, he can’t be a judge, no?
> Maybe he wasn’t chocking her, but feeling her neck to
> see if she had a spine.
OK, bad situation but funny comment!
Well, let’s see if he gets away with this, too.
Bradley says Prosser choked her
“Wisconsin Supreme Court Justice Ann Walsh Bradley issued a statement late Saturday saying that fellow Justice David Prosser choked her and disputing claims that she attacked him first.”
LINK.
lawyers in the house…
Who presides over a criminal trial of a Supreme Ct. justice? Especially if all the other justices were assaulted or witnesses.
This is exactly what fucking spoiled brats do. Assault & Battery on a fellow justice, a woman none the less. This “fucker” is a judge? Thomas is a Judge?
These “edged” justices are sick bastards!
I wish the Justice, assaulted by Prosser was my mother! I would protect my mother from this fucking creep! If this story is true, and I have little doubt it is not true, it might be suggested that Prosser is essentially a piece of shit, judicial “Brownshirt?” Remove the sick bastard from the Court! A judge who assaults a woman, let alone a fellow Justice, or like the SJC’s C. Thomas, who does not understand the term ,”mere appearance of impropriety,” and/or “judicial integrity/impartiality” have no fucking business being Judges. Remove “both” compromised judges, from their respective benches for egregious judicial conduct, NOW!
Good for Bradley to finally make a clarifing statement.
Next, let’s hear from the peanut gallery — the witnesses.
For all those who are upset with this, I ask you to somehow help in the recall election of the eight GOP senators on August 12, 2011. If we recall at least 3 senators this will help stop Walker and set up a potential recall in Jan 2012 for him. This is really important.
A recall in WI, will go across America into MI, IN, OH, PA, ME, NJ, FL, etc. We need your help (not just comments – please).
Most of these governors are thugs trying to bring this country back to the 14-15th century of Europe where there were the Land loads and everyone else was the surfs. This is real, not imaginary!
Just look at not only Prosser, but the Suprme Court of the US (SCOTUS) and our new Senator Johnson who defeated Sen. Russ Feingold by using $9m of his own money in the race and paid himself back just recently “with a $10m bonus” from his company. I am sure most of his employees are making minimum wage!
I agree jrubin. I’m wondering, suppose Prosser were to leave and Walker were to appoint a replacement, say, Norman Bates to take his place.
Would the WI Senate have to concur, or is it just a walk through from Walker’s desk directly to the bench? If the Senate gets involved, those recalls are going to be doubly important, no? Or else,. . .
Justice Bradley should have immediately filed a criminal complaint and Prosser should have been immediately incarcerated, booked and finger-printed and then released on bond if that was possible.
An immediate temporary restraining order should have been issued against Prosser barring him from entry to the court facilities or any other venue where Justice Bradley might be normally found. The TRO is usually in effect until a court hears and rules on the case regarding the original criminal complaint.
More on WI and Prosser as of today.
http://thepoliticalenvironment.blogspot.com/
I understand this is not alleged domestic abuse, but this happens to the alleged perp in that situation with just a phone call and a complaint. I volunteered at a local crisis call-line in a prior decade.
This is an unbelievably shocking story… that a man who is a state supreme court justice would actually grab a woman around the neck is astonishing!
Ditto!