DID KLOPP VIOLATE JUDICIAL CODE OF ETHICS?
JoAnne Kloppenburg’s allegation that Justice David Prosser met with Governor Scott Walker after the Supreme Court race – a contention that Prosser and Walker adamantly deny – may violate the Wisconsin Judicial Code of Conduct.
Kloppenburg made the allegation during her press conference to announce her intention for a state-wide recount, but she provided no evidence to back it up. Both Walker and Prosser deny the meeting took place.
Kloppenburg’s campaign spokeswoman, Melissa Mulliken, said she had “been in touch with two or three people with knowledge of the meeting.” However, she refused to name names.
The irony is rich. During the campaign leading up to this election the news media and the Left continued to draw focus on the 2008 controversy around Justice Michael Gableman for what was at worst a misleading campaign ad written by campaign staffers. But Kloppenburg campaign’s apparent overt factual falsehood received scant media attention, and no one seems to be raising the question of whether Kloppenburg violated judicial rules.
In Gableman’s case, The Wisconsin Judicial Commission accused him of violating SRC 60.06(3), a state Code of Judicial Conduct rule that forbids judicial candidates from knowingly misrepresenting “the identity, qualifications, present position, or other fact concerning the candidate or an opponent.”
Is Kloppenburg still a judicial candidate? By requesting a recount she maintains that status.
Prosser outright denies her assertion that he met with Walker, as does Walker.
Kloppenburg has not repudiated the claim, nor provided evidence to prove it.
So how does the SRC 60.06(3) not apply?