Motley Moose – Archive

Since 2008 – Progress Through Politics

The “Lying Down With Pigs” Rule

Or maybe the “Governing as a Right-Wing Tool Has Consequences” Rule?

Republicans are fond of saying that “elections have consequences” … until the consequences are something they don’t like and then they are quick to squeal that Democrats or The Left-Wing Media are being unfair to them.

In yesterday’s spring election in Wisconsin, another Scott Walker judicial appointee was removed from the Dane County Circuit Court.

DANE COUNTY CIRCUIT COURT JUDGE Branch 16

RHONDA L. LANFORD   52.5 % 42860

REBECCA ST. JOHN    47.4 % 38694

In Wisconsin, when there is a judicial vacancy, the governor appoints someone who must then run for election. For the second year in a row, a Scott Walker selected Dane County judge went down in defeat.

Last week, our local right-wing newspaper was already pre-bemoaning the outcome:


“Will Judge Rebecca St. John’s appointment by Scott Walker decide her election bid?”

Last year, Ellen Berz, a defense attorney, knocked off incumbent Judge Roger Allen at least in part by repeatedly highlighting the fact that he was appointed to the bench by the Republican governor.

“For Circuit Court judge, the choice is clear,” announces Lanford’s first TV ad. “Chosen by Scott Walker, Rebecca St. John believes the Legislature should limit the power of our courts.”

In the liberal bastion of Dane County, home to Madison and our state capitol, the suggestion that the legislature should not be limited by anything pesky like the constitution or laws or, heaven forbid, COURTS(!!) is always going to raise our hackles. It reminds us of the delightful exchange between Senate Majority Leader Scott Fitzgerald (R) and Assembly Minority Leader Peter Barca (D) in March 2011 when the Republicans set aside the rule of law to force through the union busting bill known as Act 10. The legislative chicanery led to all 14 of the Democratic state senators leaving the state to prevent the quorum needed to pass the bill and, more importantly, putting the brakes on the process long enough so that the courts could weigh in. Judicial review is still pending on some of the aspects of Act 10 but without the judges stepping in, many of the provisions of the law would have been implemented in 2011.

So when it was discovered that on the application that Walker appointee St. John submitted to the governor, her favorite court ruling and her least favorite court ruling both showed her belief that the courts have no power to override the legislature … in essence, if the legislature does it, it can’t be illegal … that got our attention.

Her choice for Bestest Court Decision Evah? The one where the Supreme Court said: “we do not recognize a broad, inherent power [for a Circuit Court Judge] to order a new trial in the interest of justice at any time”.

And her choice for worst? A decision where the Supreme Court ordered a new trial based on newly discovered DNA evidence. None of that justice stuff, she said, how dare the Supreme Court reason “that it had ‘inherent authority’ to reverse Armstrong’s conviction, regardless of statutory limitations”.

The court race led one of the right-wingiest pundits in our right-wing rag to ask this question:


What’s an aspiring Dane County judge to do? Refrain from applying for any judicial opening while Scott Walker is governor?

Yes.

Because lying down with pigs makes you stink. And because elections like yesterday’s in Dane County where we as voters exercised our right to choose who we think will dispense justice and not just rubberstamp the legislature, is the direct consequence of the contempt for the rule of law shown by Scott Walker and his legislative henchmen.

Next question?

(Crossposted from Views from North Central Blogistan)


31 comments

  1. … for those of us frustrated that we can’t do anything to stop Scott Walker’s agenda except in the Courts, this was a Big Huge Deal.

  2. wordsinthewind

    for cheering me up. Here in Texas our Lege is in session and several bill have been filed regarding the election of judges. So far none have made it out of committee but there’s 60 days to go. We only let our Lege meet every other year on the theory that limits the damage they can do. It may be a funny quip but the reality is much different and way more long winded than non-Texans would be interested in. Oh heck, Texans aren’t interested either. That has a lot to do with my screen name.

  3. Scott Walker may stop filling Dane County judge vacancies after 2nd appointee loses


    Gov. Scott Walker said Wednesday that he may stop filling Dane County judicial vacancies after a second of his appointees was ousted by voters.

    Walker told reporters it was “unfortunate” that Dane County Circuit Judge Rebecca St. John lost Tuesday’s election. She was defeated by attorney Rhonda Lanford, who used the Walker connection to attack St. John during the campaign.

    “The mayor, the (district attorney) and others said that St. John was a great candidate,” Walker said. “Unfortunately I think that politics has trumped that.”

    Politics has trumped judicial appointments, says Gov. PokeDemocratsInTheEye?

    Some judges on the court were concerned about the caseload:

    Dane County Circuit Judge William Foust, who is the chief judge for the fifth judicial administrative district, said a decision not to fill judicial vacancies may be a disservice to those whose cases are assigned to vacant branches. Cases could languish because other judges are too busy to take up the load.

    Walker backtracked today, saying “Hey, I wasn’t being vengeful by saying that I would leave judicial vacancies!! Me? Vengeful???”.

    He is considering the option of appointing reserve judges and others who would not run for election.

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