Summary
The Wisconsin Supreme Court held that Judge Annette K. Ziegler committed judicial misconduct by presiding over 11 cases involving West Bend Savings Bank while her spouse was a bank director, in violation of SCR 60.04(4)(e)1. The court concluded that the recusal rule was mandatory and imposed a public reprimand. The decision discusses the purposes of judicial discipline, mitigating and aggravating circumstances, and the importance of public confidence in judicial impartiality.
Holdings
- SCR 60.04(4)(e)1. is a clear, mandatory, bright-line rule requiring a judge to recuse from a proceeding when the judge's spouse is an officer, director, or trustee of a party, unless the permitted waiver procedure is followed.
- A violation of SCR 60.04(4)(e)1. constituted judicial misconduct because it was willful under Wis. Stat. § 757.81(4)(a).
- A public reprimand was the appropriate discipline for Judge Ziegler's willful violations.
Questions Presented
- Whether Judge Ziegler's presiding over 11 proceedings in which West Bend Savings Bank was a party while her spouse was a bank director violated SCR 60.04(4)(e)1.
- Whether the violation was willful misconduct under Wis. Stat. § 757.81(4)(a).
- What discipline was appropriate for the violations.
Disposition
other
Cases Cited (14)
- In re Judicial Disciplinary Proceedings Against Crawford, 2001 WI 96, 245 Wis. 2d 373, 629 N.W.2d 1(followed)
- In re Judicial Disciplinary Proceedings Against Gorenstein, 147 Wis. 2d 861, 873, 434 N.W.2d 603 (1989)(followed)
- In re Judicial Disciplinary Proceedings Against Dreyfus, 182 Wis. 2d 121, 129, 513 N.W.2d 604 (1994)(followed)
- In re Judicial Disciplinary Proceedings Against Aulik, 146 Wis. 2d 57, 77-78, 429 N.W.2d 759 (1988)(followed)
- In re Judicial Disciplinary Proceedings Against Laatsch, 2007 WI 20, 299 Wis. 2d 144, 727 N.W.2d 488(followed)
- In re Judicial Disciplinary Proceedings Against Crivello, 211 Wis. 2d 435, 564 N.W.2d 785 (1997)(followed)
- In re Judicial Disciplinary Proceedings Against Tesmer, 219 Wis. 2d 708, 728-733, 580 N.W.2d 307 (1998)(followed)
- In re Complaint Against the Honorable Christ T. Seraphim, 97 Wis. 2d 485, 513, 294 N.W.2d 485 (1980)(followed)
- In re Judicial Disciplinary Proceedings Against Breitenbach, 167 Wis. 2d 102, 120, 482 N.W.2d 52 (1992)(followed)
- Merco Distrib. Corp. v. O & R Engines, Inc., 71 Wis. 2d 792, 795-796, 239 N.W.2d 97 (1976)(followed)
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