Misconduct by Supreme Court - VOID JUDGMENTS



Misconduct by Supreme Court

Justice Annette Ziegler

 



 

Wisconsin State Journal

 

FRI., SEP 7, 2007 - 4:59 PM

Commission faults Ziegler, asks for only reprimand

 

Wisconsin Supreme Court Justice Annette Ziegler committed misconduct by presiding over cases in which she had a conflict of interest, the Wisconsin Judicial Commission said in a complaint filed Thursday.

But the commission, along with a contrite Ziegler, said the state's newest justice should receive no more than a public reprimand from her colleagues on the Supreme Court.

In documents released Thursday, Ziegler acknowledged she failed to disclose her conflict of interest when she presided as a Washington County Circuit judge over 11 cases involving West Bend Savings Bank, where her husband, J.J. Ziegler, sits on the board of directors.

The Wisconsin State Journal reported in March that Ziegler handled 46 lawsuits, mostly small-claims matters, involving the bank since 2001 while her husband was on the board. In none of those cases did Ziegler recuse herself or notify the parties of her conflict as required under the Wisconsin Code of Judicial Conduct, the State Journal found.

The 11 West Bend Savings cases cited by the commission range from repossessed vehicles, loan defaults and mortgage foreclosures to a $46,953 money judgment Ziegler issued against Scott Lopacinski of West Bend. The factory worker, who represented himself in court, told the State Journal he "got caught in the middle" of an Internet scam out of Nigeria.

'Credible evidence'

The commission alleges Ziegler violated the requirement that judges remove themselves from cases or notify the parties if a "judge or the judge's spouse ... is a party to the proceeding or an officer, director or trustee of a party."

The commission also investigated allegations that Ziegler presided over cases involving companies in which she owned thousands of dollars in stock without disclosing those financial ties to the parties in the lawsuits. The commission found "credible evidence" that Ziegler violated the judicial canon against handling cases in which a judge has an economic interest, but concluded that portion of the case with a warning letter.

The State Journal has reported that as a circuit judge, Ziegler handled at least 22 cases involving companies in which she owned stock worth $50,000 or more.

The commission focused on seven cases involving three companies — Federal National Mortgage Association, Ford Motor Company and General Motors Corp. — in which Ziegler owned between $7,009 and $60,048 in stock. Ziegler was warned that judges must disclose any financial interests that "could reasonably raise a question as to the judge's impartiality."

"Judge Ziegler acknowledges and expresses her deep regret for the errors in judgment which she made and for any effect her conduct may have had on the Wisconsin judicial system," according to the joint recommendation from Ziegler and the commission. "For that she apologizes to this court and to the public."

In a statement, Ziegler said her actions were unintentional.

"I am gratified the Judicial Commission again confirmed what I have said all along — these cases were decided correctly, and neither myself, nor anyone in my family, benefited in any way from my decisions," she said.

A three-judge panel

The Judicial Commission's complaint now goes to a three-judge panel to be appointed by Judge Richard S. Brown, the chief judge of the Court of Appeals. That panel will report its findings and recommend any discipline to the Supreme Court, which then will sit in judgment of its newest member.

Ziegler was sworn in Aug. 1 to a 10-year term after an expensive and rancorous race against Madison attorney Linda Clifford in which ethics became a dominant issue.

Mike McCabe, executive director of the Wisconsin Democracy Campaign, which filed the complaint against Ziegler, said he was disappointed with the commission's recommendation for a reprimand, calling it "a light tap on the wrist."

The commission is composed of nine members, including five nonlawyers, appointed by the governor, the Supreme Court and the State Bar of Wisconsin. Chairman Donald Leo Bach, a Madison lawyer, didn't participate.

Ziegler "has admitted she committed judicial misconduct," McCabe said. "I think the commission badly fell down on the job when it came to its recommendation."

The recommendation "basically tells other judges that you can take the ethics code with a grain of salt and nothing much will happen to you."

In May, Ziegler also acknowledged violating Wisconsin's conflict-of-interest law by presiding over cases involving West Bend Savings. She agreed to pay a $5,000 fine and an estimated $12,000 in costs to the Wisconsin Ethics Board.

In her response to the Judicial Commission, Ziegler said she had handled about 32,000 cases during her 10 years on the Washington County bench and had a reputation for honesty and fairness. Ziegler also noted she and her husband have placed their stocks in a blind trust and that she has taken steps to ensure that no West Bend Savings cases come before her as a justice.

McCabe acknowledged that the other six Supreme Court justices will be in a "horrible position" in deciding Ziegler's fate.

"But," said McCabe, "I think it's important for the court to take a stand because it's not just a message to Judge Ziegler but also to the rest of the judiciary."

 

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