Former Wisconsin Supreme Court Justice Fights Subpoena in Impeachment Lawsuit

A former Wisconsin Supreme Court justice is challenging a subpoena that orders her to appear in court in a lawsuit related to her advice on the possible impeachment of a current liberal justice. She argues that the subpoena is “unreasonable and oppressive.” The subpoena was issued by the liberal watchdog group American Oversight, which alleges that the former justices researching impeachment for Republican Assembly Speaker Robin Vos had violated state open meetings and open records laws.

The lawsuit stems from comments made by Justice Janet Protasiewicz during the campaign. She referred to GOP-drawn legislative maps as “rigged” and “unfair.” Republican lawmakers threatened impeachment in response to these comments. Two of the three former conservative Supreme Court justices who were asked for advice on impeachment concluded that impeaching Protasiewicz was not warranted. However, the third justice, former Chief Justice Patience Roggensack, has not disclosed her advice, and Vos has refused to share it.

American Oversight filed the lawsuit seeking to order the former justices to meet in public and release records related to their impeachment work. They also sought attorneys’ fees. Last week, Roggensack received a subpoena compelling her to attend a hearing in the case on Thursday. However, she has asked to be released from the subpoena, citing the unreasonable burden it places on her to appear at the hearing and for the court to consider the motion.

In her affidavit, Roggensack argues that the requested order, which includes requiring the former justices to meet in public, would impede her First Amendment rights of freedom of expression, peaceable assembly, and petitioning the government. She states that she had been researching the issue of impeachment on her own and that she never considered Vos’s request to mean that she was becoming part of a governmental body or committee.

Roggensack further explains that she had a lunch meeting with the other two former justices, David Prosser and Jon Wilcox, along with Vos’s attorney. All three justices confirm that this was the only meeting they had and that they separately advised Vos without collaborating on their advice. While Prosser released the email he sent Vos, including his impeachment advice, Roggensack, Wilcox, and Vos’s office have not responded to American Oversight’s requests for records.

Initially, Vos stated that he was considering impeachment if Protasiewicz did not recuse herself from the redistricting case. However, she did not recuse herself, and following the advice of the former justices, Vos did not pursue impeachment. But now, Vos is suggesting that he may attempt impeachment if Protasiewicz does not rule in favor of upholding the current Republican maps.

Impeachment in Wisconsin is reserved for “corrupt conduct in office or for crimes and misdemeanors,” according to the Wisconsin Constitution. The outcome of the ongoing lawsuit and the potential impeachment threats against Justice Protasiewicz remain uncertain.

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