Federal Judge Partially Strikes Down Wisconsin Act 10, the Anti-Collective Bargaining Bill

The Western District of Wisconsin issued its much anticipated opinion in WEAC v. Walker yesterday on the constitutionality of Wisconsin Act 10, the public-sector anti-collective bargaining bill that was enacted into law last June after a monumental political fight. Of course, Act 10’s passage continues to have ramifications as Governor Walker was officially subjected to a recall election yesterday (after some 900,000 Wisconsites signed petitions to recall him), with an additional four Republican state senators and the lieutenant Governor also being subject to recall.

I just read this Act 10 decision and my conclusion is: good, but not great.

Continue ReadingFederal Judge Partially Strikes Down Wisconsin Act 10, the Anti-Collective Bargaining Bill

Signing a Recall Petition Does Not Require Judicial Recusal

We live in interesting times.  A segment of the general public is quick to forgive the killing of two young men in Slinger, Wisconsin and Sanford, Florida as the unavoidable consequence of the exercise of a constitutional right.  Yet at the same time, state court judges who have exercised their constitutional right of self-governance by signing a recall petition are being publicly called out by both special interest groups and the media, as if by signing the petition they have transgressed some moral boundary.  These are interesting times, indeed.

The signing of a recall petition is a right guaranteed by Article XIII of the Wisconsin Constitution.  It is a procedure whereby any voter can request that the continuation in office of an elected official in the State of Wisconsin should be put to the vote of the full electorate.  If a sufficient number of voters sign the petition, a recall election is held.  A recall can only succeed in removing the officeholder if both a sufficient number of recall signatures are filed and a majority of the electorate votes in favor of removal.  The Recall is democratic self-governance in its purest form, and along with the Initiative and the Referendum it is one of the three structural vehicles by which Progressive Era voters sought to bypass the influence that special interests hold on elected bodies.

The Wisconsin GOP has filed an official complaint against Dane County Circuit Court Judge David Flanagan with the Judicial Commission on the grounds that the judge should have recused himself in a case challenging the constitutionality of the Wisconsin Voter ID law.  Must judges who have signed a recall petition subsequently recuse themselves from sitting on any case in which the Governor, or Republican legislators, or the Republican Party of Wisconsin asserts that the signing of the petition evidences a bias against them?  The answer is “no.”  There is no explicit provision that prohibits judges from signing a recall petition or that mandates that they recuse themselves from any politically charged case if they have done so.

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Celebrating March 22, 1877: Women First Allowed Bar Admission in Wisconsin

On March 22, 1877, the Wisconsin legislature passed a bill that prohibited denying a person admission to the state bar on the basis of sex.  The bill was in no small part due to the efforts of Lavinia Goodell, the first woman admitted to the state bar in Wisconsin.

Goodell was born in New York in 1839 and moved to Janesville in 1871 when she was 32 years old.  Goodell was interested in the law, but no law firm would take her on as an apprentice, which was a common path to becoming a lawyer in the 19th century.  So she studied law on her own.  Her dedication to law apparently won over Pliny Norcross, a partner in the Janesville firm of Norcross and Jackson and eventually Goodell worked there before striking out on her own.  Norcross was instrumental in helping Goodell gain admission to the Rock County bar in 1874.  Goodell initially did collections work, but then began to make a successful career out of doing work for women’s temperance groups.

It wasn’t until Goodell needed to appeal a case to the Wisconsin Supreme Court that her gender became an issue.  According to the Wisconsin Historical Society, at that time it was customary for the Wisconsin Supreme Court to allow any lawyer admitted to any circuit court bar to practice before it.  Not so for Lavinia Goodell.

In 1876, Wisconsin Supreme Court unanimously and unequivocally denied her motion to appear before that court. (In re Goodell, 39 Wis. 232 (1876)).

Continue ReadingCelebrating March 22, 1877: Women First Allowed Bar Admission in Wisconsin