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Sunday, December 06, 2009
Courts - More on: James Bopp Jr. to represent newly elected Wisconsin Supreme Court Justice
Updating earlier ILB entries on Wisconsin Supreme Court Justice Michael Gableman, including this one from Nov. 26, 2008, Patrick Marley of the Milwaukee Journal Sentinel reports in a long Dec. 5, 2009 story headed "Justice Gableman's positions have lawyers defending their role" that begins:
Madison — The tension between defense attorneys and state Supreme Court Justice Michael Gableman is growing.The State Bar of Wisconsin's board of governors adopted a statement Friday without dissent asserting the importance of defense counsel - a move prompted by positions Gableman has taken that critics view as disparaging of the judicial system.
Meanwhile, lawyers have asked Gableman to step aside in seven cases because of his comments about criminal defendants. Gableman has declined to get off the cases, but lawyers in some cases have asked the other justices to force him off the cases.
The court has not weighed in on that request, and it remains unclear whether the justices have the power to force a colleague off a case.
The bar, which consists of more than 23,000 lawyers, did not dwell on Gableman in its statement, but said it was responding to comments by his attorney, including one that a public defender was willing to "subvert . . . bringing criminals into account." The attorney, James Bopp Jr. of Indiana, discussed the matter in a September court hearing and news conference as he fended off allegations that a campaign ad by Gableman lied about his opponent.
The bar statement said the constitutional right to a fair trial "would be a cruel mirage in the absence of legal counsel."
Father Greg O'Meara, a Marquette University Law School assistant professor and chairman of the bar's criminal law section, went further.
"Justice Gableman apparently believes that at least some defendants are appropriately condemned without representation, or trial, appeal or other unbiased process," O'Meara wrote in a memo. "Such comments pose a serious threat to the perception, if not the reality, of fairness and neutrality of the court."
Bopp said he never said anything disparaging the right to counsel and that the bar was hypocritical because his comments came as part of his defense of Gableman.
"They are criticizing me for the zealousness of my representation," he said.
Posted by Marcia Oddi on December 6, 2009 04:07 PM
Posted to Courts in general