Wisconsin Supreme Court Justice Defends Campaign Ad

Bopp, Coleson & Bostrom (1 South 6th Street, Terre Haute, IN 47807-3510) has issued this press release indicating:

Today, Justice Gableman of the Wisconsin Supreme Court filed his response to a complaint charging that he violated the Wisconsin Judicial Code of Conduct. The case, In re Gableman, involves a political advertisement Justice Gableman ran against his opponent in his 2008 campaign. The Wisconsin Judicial Commission alleges that his ad was false and misleading and warrants disciplinary action.

Today, Justice Gableman of the Wisconsin Supreme Court filed his response to a complaint charging that he violated the Wisconsin Judicial Code of Conduct. The case, In re Gableman, involves a political advertisement Justice Gableman ran against his opponent in his 2008 campaign. The Wisconsin Judicial Commission alleges that his ad was false and misleading and warrants disciplinary action.

The Wisconsin Code prohibits judicial candidates from “knowingly or with reckless disregard for the statement’s truth or falsity misrepresent the identity, qualifications, present position, or other fact concerning the candidate or an opponent.” Justice Gableman asserted in his answer that he did not violate the canon. He believes the ad he ran was truthful and that he took every reasonable step to ensure that the content of the ad was true.

Additionally, Justice Gableman has filed a counterclaim, alleging that regardless of whether his speech is true, the canon at issue violates the First Amendment and that this charge against him is unconstitutional.

Says James Bopp, Jr., lead counsel for Justice Gableman, “Under the First Amendment, the government—including the Commission involved in this case—has no business monitoring campaign speech for its truth or falsity nor punishing those it believes makes false statements.” Continues Bopp, “Similar provisions have been struck down in other states. If the Commission continues to pursue charges against Justice Gableman, this canon will likely be struck down as unconstitutional.”

Copies of the Answer and Counterclaim are available in PDF format online at the James Madison Center’s website, www.jamesmadisoncenter.org, under the “Judicial Reform Project” link.