Only Judges May Judge Judges
The Wisconsin Supreme Court held that only the judiciary has the power to discipline judges
In creating an executive branch entity with authority to pass judgment and impose discipline on a judge’s exercise of core judicial powers, the Wisconsin legislature violates the Wisconsin Constitution’s structural separation of powers and invades a domain recognized for over two hundred years as the exclusive province of the judiciary. Neither the executive branch nor the legislature may reprimand or otherwise discipline a Wisconsin judge. The Wisconsin Constitution reserves such disciplinary powers for the supreme court alone. Nor may the legislature empower the executive branch to threaten any judicial officer with repercussions for exercising constitutional power vested exclusively in the judiciary.
…the legislature transgressed the constitutional boundaries of its powers by authorizing the Crime Victims Rights Board (the “Board”) to investigate and adjudicate complaints against judges, issue reprimands against judges, and seek equitable relief and forfeitures through civil actions against judges. We therefore affirm the decision of the circuit court and hold that Wis. Stat. §§ 950.09(2)(a), (2)(c)-(d) and (3) and 950.11 (2015-16)1 are unconstitutional with respect to judges; accordingly, the Board’s actions against Judge William M. Gabler are void.
The court describes at length the principles of an independent judiciary.
Justice Abrahamson concurred and dissented.
The majority opinion contravenes basic principles of statutory and constitutional interpretation. Applying the canon of constitutional avoidance, I conclude that the challenged statutory provisions are easily amenable to a constitutional interpretation. The majority opinion’s lengthy foray into the separation of powers analysis is unnecessary and inappropriate.
When a court addresses the scope of the judicial branch’s power and the powers of the other branches of government, it must avoid an overzealous defense of the judiciary’s power and must avoid appropriation of unchecked power in the judiciary.
The Crime Victims Amendment and the statutes demonstrate the legislature’s attempt at a thoughtful, evenhanded approach to crime victims, accuseds, and judicial and executive branch functions. Is the drafting perfect? No. But perfect drafting is rarely the hallmark of any state or federal statute (or opinion of a court).
(Mike Frisch)