Chief justice Ziegler calls liberal justices ‘rogue’ as new majority takes over high court

So far it’s a bit of verbal back-and-forth and name-calling, with no allegations of one Supreme Court justice trying to choke another, as was the case in 2011, but it’s getting pretty fiery nonetheless around the Wisconsin Supreme Court.

It started last Friday when the court’s liberal majority met to consider a set of proposed changes to the court’s internal operating procedures and rules, in effect diminishing the power of the chief justice. The liberals said they met only after they tried and could not get chief justice Annette Ziegler to schedule a meeting of the court.

“In a continued effort to compromise and to respect and accommodate everyone’s calendar, the chief justice was asked if there was any date in August when the court could meet,” justice Rebecca Dallet said. “We tried to reach common ground with the chief justice. She flatly refused to schedule a court conference for any date in August. There appears to be no interest in reaching compromise.”

As a result, Dallet said, the majority decided to meet, after giving proper notice to their colleagues and giving them an opportunity to appear.

Ziegler released a stinging rebuke to Dallet’s version of events.

“Today, four rogue members of the court met in a secret, unscheduled, illegitimate closed meeting in an attempt to gut the chief justice’s constitutional authority as administrator of the court,” Ziegler said. “Court business concerning internal operating procedures and Supreme Court rules is conducted when seven members of the court convene with an agenda prepared by the chief justice and at a time set by the chief justice during the court’s business year, which is September-June.”

Ziegler said the progressive justices would not get away with a power grab.

“The rogue justices’ attempt to go outside of this recognized procedure is an imposition of will and a raw exercise of overreaching power,” she said. “Any such attempted action is illegitimate and unenforceable.”

Conservative justice Rebecca Bradley took aim, too, posting on X, formerly known as Twitter.

“Ann Bradley & her cabal of extreme leftists — Rebecca Dallet, Jill Karofsky & Janet Protasiewicz — met in secret, without their colleagues, to usurp the power the people gave the chief justice,” Bradley posted. “They have no respect for the people they are supposed to serve or for the constitution.”

Behind closed doors, Bradley continued, four rogue justices violated court traditions and procedures to rewrite the rules that justices followed for decades.  

“When Rebecca Dallet called the rule of law ‘garbage’ she meant it,” Bradley posted. “Nothing will stand in the way of their blatant power grab designed to advance their political agenda. They sully the institution of the judiciary.”

For her part, Dallet said Ziegler’s remarks were inappropriate.

“On behalf of a majority of justices on the Wisconsin Supreme Court, I want to express my disappointment that the chief justice, rather than collegially participate in a scheduled meeting of the court today, is litigating issues normally discussed by justices either in conference or through email, through media releases,” she said. 

Dallet said the progressive justices had asked Ziegler to schedule a conference in August to discuss administrative changes. 

“She declined to do so,” Dallet said. “On June 23, 2023, that request was reiterated again. The request was again refused.”

Dallet said the majority had offered their colleagues an opportunity to appear in person, by Zoom or to vote by email. 

“Contrary to the chief’s assertion, the court has not yet approved a calendar for this term,” she said. “Any court member can move to hold a meeting, and a majority agreed that a meeting would be held today.”

Dallet said she has asked the chief justice to put the changes on the agenda for the meeting she has agreed to hold on September 7, Dallet continued.

“I want to reiterate that it is deeply inappropriate for the chief justice to continue to refuse to engage with her colleagues, but instead to publicly litigate these issues,” she said. “It is not my intention, nor the intention of a majority of my colleagues, to continue to litigate internal issues, through the media.”

Dallet said the liberal majority was simply trying to make the court more transparent and accountable.

“First, we have made a series of rules and operating procedures changes to make Court decision-making more inclusive, timely, and responsive,” she said. “Second, we are committed to making all orders more readily accessible on our website. Third, we have voted to re-open our administrative conferences. And fourth, we will be announcing the creation of a bipartisan task force to study the issue of recusal and to present us with recommendations.”

The most important of the rule changes would establish a Supreme Court administrative committee composed of the chief justice and two members selected by a majority of the court, which will assume some of the chief justice’s power, as well a number of changes to internal operating rules.

“This initial series of actions is intended to be a first step in making our court more accessible and more accountable to the people of Wisconsin,” Dallet said.

Meanwhile, while the justices quarreled, the backlash continued over the abrupt firing of state courts director Randy Koschnick last week, and replacing him with Milwaukee circuit court judge Audrey Skwierawski.

State Senate majority leader Devin LeMahieu (R-Oostburg) said the liberals’ new appointment was unconstitutional.

“On only their third day, the liberal majority on the Wisconsin Supreme Court has telegraphed their intention to disregard the constitution they’ve sworn to uphold to achieve partisan revenge,” LeMahieu said. “Wisconsinites should be troubled by this blatant disregard for the constitution and rule of law.”

LeMahieu said that the state constitution, in Article VII Section 10, states: “No judge of any court of record shall hold any other office of public trust, except a judicial office, during the term for which elected.”’

The state courts director is an office of public trust, LeMahieu said. And he pointed to Supreme Court rules that say that the director of state courts “shall be the chief nonjudicial officer of the court system in the state.”

Skwierawski’s term on the Milwaukee County Circuit Court does not expire until July 31, 2025.