No Reward

The Wisconsin Supreme Court suspended a judicial officer for 15 days for misconduct in an harassment injunction matter

We agree with the Judicial Conduct Panel that a suspension is in order, and we conclude that a length of 15 days is appropriate. The misconduct in this case is undeniably serious. As we stated in Carver, a judge’s objectivity and impartiality are critical to the proper functioning of the judicial system. Commissioner Calvert’s behavior was far from objective and impartial. He independently investigated the facts of a case pending before him——an effort that included engaging in an ex parte communication with the police chief. He then lied to the parties in a particularly manipulative manner, falsely claiming that he had communicated with individuals in the judicial and law enforcement systems in such a way that the parties were doomed to failure and future legal troubles should they ever seek additional recourse. We cannot abide such assurances by a judge to rig the judicial and criminal justice system against its participants.

We are also troubled, as was the Judicial Conduct Panel, by Commissioner Calvert’s argument to the panel that “it is difficult to understand how either party to this matter may have questioned fair treatment in this case when a rehearing of the matter was an available alternative and was never requested.” This argument strongly suggests that Commissioner Calvert lacks insight into his own misconduct; it is no surprise the parties did not seek a de novo hearing of his decision given his assurance that he would see to it that any such effort would fail. In other words, Commissioner Calvert’s argument seeks a reward for his asserted willingness to tilt the playing field against the parties. No reward will be forthcoming here.

15 days may not be a reward, but it might be a gift. (Mike Frisch)