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I have exercised my right under the law. I'm entitled to do that, and it doesn't disqualify me from sitting as a judge."

That's what Supreme Court Justice David Prosser had to say when asked by the Milwaukee Journal Sentinel about whether he thinks he could rule on cases involving ethics complaints leveled against Annette Ziegler after contributing to Ziegler's campaign to replace retiring Justice Jon Wilcox.

Earth to Prosser! Maybe the money you gave doesn't disqualify you from sitting as a judge. But it sure as hell disqualifies you from sitting in judgment of Annette Ziegler.

By the way, this is the same Justice Prosser who had no misgivings about being a character witness for Scott Jensen at the former Assembly speaker's criminal trial, even though the state Supreme Court has final say over Jensen's case.

Tsk tsk. You guys at Wisconsin Democracy Campaign (WDC) are getting a little feisty. I thought you were supposed to be objective, nonpartisan watchdogs - ?

David Prosser is an all around nice guy. But that’s not important here. What is important is that he's forthright (see Jessica McBride on that...), and polite, courteous, and professional. Conscientious, extremely knowledgeable and brilliant. And a phenomenally dedicated public servant.

I think Justice Prosser probably knows the judicial code inside and out and has made choices very mindful of that code. The Code talks, for example, about the importance of striking a balance (SCR 60.03) between the appearance of impropriety and restrictions not being so onerous as to “deprive [judges] of fundamental freedoms enjoyed by other citizens.” [like contributing to a political campaign...] If a Ziegler case gets to the Supreme Court, be assured, Justice Prosser will make the right decision about whether or not to recuse himself.

Talking about the appearance of impropriety… let’s talk about the WDC characterizing Justice Prosser as being a “character witness” for Scott Jensen. During the Jensen trial, the former Assembly Speaker briefed the court honestly and frankly about the functions of the caucus office from 1989 to 1994. And WDC calls it being a “character witness.” That’s silly. Read the article sited by the WDC yourself. The Justice was being forthright and truthful, “standing up very nobly for what he believes is right.” Now that takes character.

If you want to attack someone’s character, look around for someone else. Justice Prosser has character enough for quite a few of us.

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