[EL] John Doe recusal issue

[Rick Hasen]

    “David Prosser says he didn’t need to step aside in Scott Walker
    probe” <http://electionlawblog.org/?p=74717>

Posted onJuly 30, 2015 9:05 am 
<http://electionlawblog.org/?p=74717>byRick Hasen 
<http://electionlawblog.org/?author=3>

Milwaukee Journal-Sentinel: 
<http://www.jsonline.com/news/statepolitics/david-prosser-says-he-doesnt-need-to-step-aside-in-walker-probe-b99547465z1-319731971.html>

    Wisconsin Supreme Court Justice David Prosser issued an opinion
    Wednesday saying he did not need to step aside from cases over an
    investigation intoGov. Scott Walker
    <http://www.jsonline.com/news/statepolitics/scott-walker-290106981.html>‘s
    campaign even though groups spent millions of dollars to support
    both him and the governor.

    Prosser’sdecision
    <http://media.jrn.com/documents/prosserrecusal.pdf>revealed two of
    the people caught up in the investigation had been involved in
    Prosser’s 2011 re-election bid and had stressed the importance of
    finding donors for him.

    Prosser wrote that outside spending to help him was “very valuable
    to my campaign” but did not rise to a level that would require him
    to step down from the challenge to the investigation of those
    groups. That’s because the expenditures were made four years ago, at
    a time when there was no indication they would appear before the
    state’s high court.

    “The public ultimately decides at the ballot box who is permitted to
    serve on the Wisconsin Supreme Court,” Prosser wrote. “The special
    prosecutor seeks to prevent an elected justice from performing that
    service unless that unelected special prosecutor wants the elected
    justice to sit on the case. This is not the way the system works.”

    Prosser was part of a 4-2 majority thatruled this month
    <http://www.jsonline.com/news/statepolitics/wisconsin-supreme-court-ends-john-doe-probe-into-scott-walkers-campaign-b99535414z1-315784501.html>that
    the probe into Walker’s campaign must be ended and evidence
    prosecutors have obtained must be destroyed. It came three days
    after the GOP governor formally announced his bid for the presidency.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,judicial 
elections <http://electionlawblog.org/?cat=19>

-- 
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org

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