Wisconsin rules for removing judges

[AZSkiffyGeek]

This has been mentioned a few times here, but judges are not impeached in Wisconsin. They can be removed through a different process requiring 2/3 from both houses. If the Republican wins the special election, they will only have a supermajority in the Senate.
They can get rid of Evers, but that won’t help them block a decision on abortion or redistricting.


https://docs.legis.wisconsin.gov/misc/lc/information_memos/2014/im_2014_03#:~:text=The%20Assembly%20may%20impeach%20an,art

[House of Roberts]

1. Who becomes Governor if Evers is impeached?

Also, what party would Evers' successor belong?

[AZSkiffyGeek]

2. Lt Governor I believe

And they’re also Dem, I believe.

[House of Roberts]

3. Sara Rodriguez then, and yes she is a Dem.

They'll probably just impeach her also, and keep going until they get an R in charge.

[AZSkiffyGeek]

4. That would be monumentally stupid

Especially if the Supreme Court forces new maps. Guaranteeing a bloodbath in 2024.

[Marius25]

7. But she gets to appoint a new Lt. Gov as soon as she becomes Governor

So it will be never ending musical chairs of Democratic Governors. No Republican is in line to take over. It would be so politically stupid after they just got decimated in a state wide judicial race.

And if Dems can work fast to get new maps, Republicans won't have super majorities in either chamber in 2024 so they won't have any impeachment power.

[Cha]

11. Sounds! very Encouraging.. TY!

[Cha]

5. So can they remove Janet Protasiewicz..

if the maga wins the senate seat?

[In It to Win It]

6. It does describe a procedure in which a judge can be removed from office but

they don’t quite have the necessary majority needed in the state assembly to make it happen. Republicans currently hold a 64 seat majority, and they’d need 66 (of 99 total) votes to remove since they need a 2/3 majority

…unless I’m missing something.

[Cha]

9. TY.. concerned bc of different

things I've been reading about it here.

[Marius25]

8. No. Judges require 2/3rds of the votes in both Chambers.

If they win SD8, they only have a super majority in the Senate, not the House. So they can't remove a judge.

[Cha]

10. TY! 🤞🤞 for SD8 & Gov Evers, too!

[bottomofthehill]

12. Rules look pr tty clear. Both Houses must approve by 2/3

REMOVAL BY ADDRESS
Removal of: Justices and Judges Initiated by: The Legislature
Removal by address is a procedure that allows the Legislature to remove justices and judges from office based on a supermajority vote in each house. Before removing a justice or judge, the Legislature must serve the individual with a copy of the charges forming the grounds for address and provide an opportunity for the justice or judge to be heard and to present a defense. The Legislature may then vote on removing the justice or judge by a 2/3rds vote of all the elected members of the Assembly, as well as a 2/3rds vote by all elected members of the Senate. [Wis. Const. art. VII, s. 13, and s. 17.06, Stats.]
The Wisconsin statutes specify grounds for removal by address, though the Wisconsin Constitution does not. Under the statutes, charges against a justice or judge must allege either misconduct, or that the judge is not physically or mentally qualified to exercise the judicial functions of the office. [s. 17.06 (2), Stats.


REMOVAL FOR CAUSE OR DISABILITY
Removal of: Justices and Judges Initiated by: The Supreme Court
Removal for cause or disability is a procedure that allows the Wisconsin Supreme Court to remove a justice or judge after an investigation and hearing. [Wis. Const. art. VII, s. 11.] The Wisconsin statutes provide grounds for removal and specify proceedings. A judge or justice may be removed based on “misconduct,” which includes violations of the judicial ethics code, failure to perform job duties, drug or alcohol abuse that interferes with job performance, or felony conviction. Alternatively, a judge or justice may be removed based on “permanent disability,”
3 Candidates contesting an election to the Senate or Assembly have access to the chamber during proceedings to settle the contested election, but cannot participate as voting members. [Assembly Rule 25 (5), Senate Rule 12.]

which is mental or physical incapacity impairing the judge’s or justice’s ability to perform judicial duties.4 [s. 757.81 (4) and (6), Stats.]
Removal for cause or disability begins with an investigation of the alleged misconduct or disability by the Wisconsin Judicial Commission. The Commission allows the justice or judge to respond to the allegations. If the Judicial Commission finds probable cause of misconduct or permanent disability, the matter is heard by a jury or by a panel of judges. The jury’s or panel’s findings and recommendations for discipline are then filed with the Supreme Court. The Supreme Court reviews the items and determines whether to remove the judge or impose other forms of discipline. [ss. 757.83 to 757.95, Stats.]

[ColinC]

13. I would agree

Although they might see some wiggle room to impeach under “civil officer” or elected official, but the fact that there is already a category specific to judges would make that a hard sell which would likely be decided by… the Supreme Court? 🤷?♂️