Attorney General will appeal Siefert determination

March 19, 2009 - Attorney General J. B. Van Hollen announced on March 18 that he is appealing U.S. District Judge Barbara Crabb’s decision in Siefert v. Alexander, 08-CV-00126-BBC, to the United States Court of Appeals for the Seventh Circuit. 

On Feb. 17, 2009, Judge Crabb determined in Siefert v. Alexander that Wisconsin Supreme Court Rules 60.06(2)(b)1, 60.06(4) and the prohibition on endorsing partisan candidates in 60.06(2)(b)4 “are unconstitutional because they violate the First Amendment” and enjoined the Wisconsin Judicial Commission from enforcing these rules against the plaintiff.

State Bar President Diane S. Diel welcomed the news that the Department of Justice will appeal the ruling, noting that the Bar’s Board of Governors voted at its Feb. 27 meeting to send a letter to the Attorney General urging him to appeal the decision. “The Board made it clear in taking this vote that the letter should not be construed as an endorsement of the state's position in the case. Several governors stressed that they supported an appeal in the interest of achieving finality and clarity in this matter,” Diel said. She also stressed that the board reaffirmed the State Bar’s strong support for an independent judiciary and expressed its continuing support for existing regulations as established by the Judicial Commission.

In explaining his decision to appeal the Crabb ruling, Van Hollen stated that “Wisconsin has a long history of electing non‑partisan judges. Wisconsin does not want judges who align themselves with partisan, political interests in order to seek judicial office and hit up people for campaign donations. The Supreme Court’s rules are designed to promote impartiality and judicial independence – essential facets of the justice system. We are hopeful that the Seventh Circuit will recognize the important interests at stake and will vindicate Wisconsin’s long-standing efforts to strike the right balance between a candidate’s free speech rights with the need to maintain an impartial and non-partisan judicial system.”   

The State Bar did not file an amicus brief in the trial court, but reserved the right to consider filing an amicus if the case is appealed to the 7th Circuit Court of Appeals.