MADISON, Wis. (AP) — In a bold move, newly elected Justice Janet Protasiewicz of the Wisconsin Supreme Court, known for her criticism of Republican-drawn electoral districts, has decided not to recuse herself from two redistricting lawsuits. This decision has raised the stakes for Republicans, who control the Legislature, and they may resort to impeaching her if she does not step down. Assembly Speaker Robin Vos has threatened impeachment and will consult his attorney regarding Protasiewicz’s decision.
The Republicans argue that Protasiewicz has already made up her mind about the cases, potentially leading to the creation of new maps that benefit Democrats before the 2024 election. In her 64-page order, Protasiewicz acknowledged the strong emotions surrounding the issue but maintained that she did not need to recuse herself after thorough consideration of the law and her conscience.
Protasiewicz’s statements on redistricting during her campaign led to complaints being filed against her. However, the Wisconsin Judicial Commission dismissed these complaints earlier this year. Two lawsuits challenging the current maps were filed as soon as Protasiewicz joined the Supreme Court and became part of the liberal majority, ending a conservative dominance of 15 years.
Republicans requested Protasiewicz’s recusal on the basis of her campaign statements and the significant funds she received from the Wisconsin Democratic Party. However, Protasiewicz emphasized that recusal decisions are determined by legal precedent and not personal preference. She wrote that her duty is to respect the law and maintain judicial independence, even in the face of controversies and pressures.
Protasiewicz further noted the absence of a case where a judge recused due to campaign contributions from a non-involved political party. She highlighted the participation of her colleagues in redistricting cases despite receiving substantial support from politically affiliated groups during their campaigns. Recusing in this case would create difficulties for all justices and hinder the court’s work, according to Protasiewicz.
The attorneys representing the plaintiffs in the lawsuits argued that Protasiewicz had no legal or ethical obligation to step aside. They also pointed out the dismissal of complaints against her by the Wisconsin Judicial Commission.
The Republican-drawn maps adopted in 2011 solidified the party’s majorities in the Legislature. Wisconsin’s Assembly districts are among the most gerrymandered in the nation, consistently allowing Republicans to win more seats than expected based on their share of the vote. The lawsuits seek new maps for all 132 state lawmakers and propose special elections for Senate districts that have remaining terms in 2024.
One lawsuit was filed by supporters of Democratic candidates, while the other was brought by voters and members of the Citizen Mathematicians and Scientists group who submitted alternative maps before the Republican-drawn ones were adopted by the state Supreme Court.
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