Wisconsin Supreme Court deadlocks on justice’s ethics case, baffling legal observers

By Ryan J. Foley, AP
Thursday, July 1, 2010

Wis. high court deadlocks on justice’s ethics case

MADISON, Wis. — The Wisconsin Supreme Court has deadlocked on whether one of its judges committed misconduct, and issued unprecedented dueling opinions that order contradictory outcomes.

In opinions made public late Wednesday, the court split 3-3 on whether Justice Michael Gableman violated the judicial code of conduct when he ran a potentially misleading and race-baiting campaign ad in 2008.

Three judges said Gableman knowingly made a false statement suggesting his opponent helped free a sex offender who went on to rape again. Gableman’s three conservative colleagues agreed the ad was distasteful, but said the words were “objectively true.”

Each bloc accused the other of having no authority for their orders, since they lack a four-judge majority. The Supreme Court is the state’s highest authority.

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