Wisconsin Supreme Court needs recusal rules

Too often, when cases come before the Wisconsin Supreme Court, one of the seven justices has a conflict of interest. Perhaps because the person to appear before the high court has donated money to one of the justice’s campaigns. But in Wisconsin, there are no real rules dictating when a Supreme Court justice should recuse themselves from the case. It is basically on the honor system. But even when defendants have donated thousands of dollars to a judicial campaign, it is rare for a justice to recuse themselves and let the remaining justices decide the case. That should change, and it could soon under the new Supreme Court. Behind the scenes work is progressing to establish recusal rules for members of the Wisconsin Supreme Court. There could be limits for how much campaign cash could be accepted by a jurist before they are forced to sit out the case. It is becoming more common that there be a conflict of interest, because of the millions of dollars that now pour into Wisconsin Supreme Court races. Wisconsin’s Supreme Court was once considered the “gold standard” in the nation for how justices behave. Creating recusal rules would help the state swing back in that direction, at a time when confidence in our courts is at an all-time low.