Judge Gableman's approach to judicial campaigning informs the observer as to how he would act if elevated to the high court. His refusal to disavow a series of ads run by outside interest groups which clearly distort Justice Butler's record, and his campaign's recent decision to first run, and then when challenged refuse to retract, the clearly false ad which fails to note both that Justice Butler's efforts were those he was obligated to engage in while an appellate defender, and that the result suggested never occurred, is sad indeed. It is one thing, albeit unfortunate, for groups like the WMC or other groups to misrepresent the truth for their perceived political benefit. It is quite another for a sitting judge to falsely portray the facts as he knows them in order to seek personal advancement. Were any lawyer to act in a similar fashion while appearing in a case before him I expect Judge Gableman would be swift to impose harsh sanctions. Given that his campaign ads lack substance and are replete with invective and falsehood, I expect voters will judge him just as harshly in the court of public justice.
Comment By Charles S. Blumenfield
Wednesday, March 19, 2008 at 11:02 AM
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Swiftboating the Supreme Court
Aw c’mon, stop it! The latest round of television ads, the most recent coming directly from the campaign of Circuit Judge Michael Gableman, who is challenging Justice Louis Butler for his seat on the Wisconsin Supreme Court, represent a new low in judicial campaigns in Wisconsin.
Last year’s round of ads sponsored by third party groups in the Ziegler/Clifford Supreme Court race were bad enough. Ads depicting a spinning image of Atty. Linda Clifford and calling her incompetent and another ad declaring that Circuit Judge (now Justice) Annette Ziegler was “soft” on sex offenders were simply wrong and untrue. These kinds of ads were untrue, should not have been run and the candidates should have promptly and definitively disavowed them. This year’s third party ads bring this kind of despicable Swiftboating lies to the airwaves in Wisconsin. http://en.wikipedia.org/wiki/Swiftboating
Sadly, over the past week, the campaign of Judge Gableman has now run misleading Swiftboat ads against Justice Butler and will not stop it. It ain’t just the third party groups any more.
Swiftboating by a third party group or a candidate is wrong, dishonorable and should not be tolerated, whether brought against United States Senator (and war hero) John McCain in the 2000 Republican primaries, or against United States Senator (and war hero) John Kerry in the 2004 Presidential campaign or in the 2008 election for Supreme Court Justice in Wisconsin. When done in a judicial race, it strikes me as more than just despicable. As a lawyer, I expect that candidates for a judgeship – any judgeship – should know better and show more civility and ethics than run-of-the-mill politicians. I always thought judges were supposed to be nonpartisan, ethical and neutral in their approach to the law and cases and clients before them, and not be beholden to or the candidate of any particular interest group.
As a practicing attorney who does a lot of criminal defense work, I do not want my client to appear before a judge who is in the pocket of the police, the prosecutor or any other group. I want an independent, fair, neutral and detached magistrate to consider the case. I would have thought that Judge Gableman and his campaign advisors would recognize and understand that clients that Justice Butler may have represented before he was a judge, back when he was a practicing lawyer and public defender, have nothing to do with his abilities as a judge. Am I a murderer for defending a person charged with first degree homicide? Am I a sex offender when I represent clients charged with sex offenses? Does it mean that I endorse my client and his or her deeds if I represent them? Am I wrong if I do my job right in representing my client? This kind of ridiculous ad hominem attack has no place in a judicial election in Wisconsin and should be condemned as an outrageous distortion and lie.
The new campaign ad should be pulled promptly by Judge Gableman and disavowed. The third party ads should be disavowed by the candidates as well. Not to promptly do so means that the “Big Lie” tactic of Joseph Goebbels is alive and well, which does not bode well for our justice system in Wisconsin. Get the campaign back on the right track now.
4 Comments on This Article
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It is sad that elections have become less about the merits of the candidates and more about how much mud can be slung at the opponent. I am pleased to see Justice Butler remain above the mud and stand on his record of service to the profession. I would venture to say that there are few voters who can tell you anything about Judge Gableman, good or bad. Justice Butler has had a career of maintaining the integrity of the legal profession and not reduce it to a political forum for personal gain.
Comment By Daniel M. Berkos Wednesday, March 19, 2008 at 9:07 AM |
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If Judge Gableman is advocating the abandonment of the adversary system of justice and its replacement with an inquisitorial system, he should just say so. Distorting facts to overtly attack a sitting justice just because he was once a defense lawyer is bad enough. Doing it with a Willie Horton style ad that also appears to intentionally pander to racial bias is beyond the pale. I wouldn't be surprised if every criminal defendant with a case pending in Judge Gableman's court were to request substitution for cause.
Comment By Michael C. Witt Tuesday, March 18, 2008 at 2:19 PM |
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AMEN! I too thought that lawyers were above such things. The last two years have shown me to be wrong. I have been in this profession for almost 50 years and have seen us slip further and further from where we should be. I too am espcially disturbed when the candidate, and not the independents, run such ads.
Comment By Richard T. Becker Tuesday, March 18, 2008 at 2:17 PM |
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