On Friday, January 17, 2025, The Cap Times reported that Dane County Judge Susan Crawford, a liberal candidate for the Wisconsin Supreme Court, accused her opponent, conservative candidate Brad Schimel, of violating the state’s judicial ethics code. This accusation escalated tensions in the closely watched Supreme Court race.
Crawford, during a campaign event in Madison on January 15th, alleged that Schimel’s public commentary on pending cases before the Supreme Court contravened the state’s judicial code of conduct. Schimel, a former state attorney general and current Waukesha County judge, had reportedly offered opinions on these cases based on news reports. Crawford contrasted this with her own approach, stating she would refrain from such commentary.
The upcoming Supreme Court election is considered pivotal, as a conservative victory would shift the court’s ideological balance. Liberals currently hold a majority following Justice Janet Protasiewicz’s win in 2023. A Crawford victory would solidify liberal control until at least 2028, with two conservative justices facing re-election in 2026 and 2027.
Crawford specifically highlighted Schimel’s comments on two significant cases. The first concerns the legality of an 1849 law banning abortion, a matter the Supreme Court is expected to decide shortly. The second involves a challenge to the constitutionality of Act 10, a 2011 law restricting collective bargaining for public sector unions.
According to the Judicial Code of Conduct, judges should avoid public statements that could influence the outcome or fairness of ongoing court proceedings. The code also prohibits candidates from making pledges or commitments incompatible with impartial judicial duties on issues likely to come before the court.
Responding to Crawford’s accusations, Jacob Fischer, a spokesperson for Schimel’s campaign, dismissed them as a distraction tactic, aiming to deflect attention from Crawford’s past involvement in a lawsuit challenging Act 10. Fischer characterized Crawford as an “activist in robes,” highlighting her endorsements from liberal groups and associating her with the campaign of Justice Protasiewicz.
Derrick Honeyman, a spokesperson for Crawford’s campaign, declined to comment on whether a formal ethics complaint would be filed with the Wisconsin Judicial Commission, the body responsible for investigating judicial ethics violations. However, Honeyman asserted that Schimel’s actions contravened the principles of impartiality expected of judges.
Crawford cited instances where Schimel allegedly expressed opinions on how he would rule on cases involving the 1849 abortion law, although her campaign did not provide specific quotes. Reports from an Appleton non-profit indicated that Schimel had previously labeled the 1849 law as “valid.” Crawford also pointed to a press release from Schimel’s campaign criticizing a Dane County judge’s ruling against Act 10, a decision that is currently under appeal and expected to reach the Supreme Court.
The exchange between Crawford and Schimel mirrors the controversy surrounding Justice Protasiewicz’s 2023 campaign. Conservative critics raised concerns about her campaign statements, arguing they indicated how she would rule on specific issues. Several complaints were filed with the Wisconsin Judicial Commission, alleging violations of the judicial code, but these were ultimately dismissed. Republican legislators also considered impeachment proceedings against Protasiewicz but ultimately took no action.
Source: The Cap Times
