Friday, November 30, 2007

If Your Car Doesn't Start, Change Your License Plates

It was inevitable. The same day a state audit was released showing Wisconsin's voter registration system has big problems, a renewed call was made to require a photo ID in order to vote.

Two things jump out about this leap of logic. First, backers of a photo ID requirement are crowing about the audit's finding that as many as 84 felons might have voted in the November 2006 election in spite of being ineligible. The auditors couldn't determine if they did vote, but they could have because of flaws in the system. Meanwhile, ID supporters are conveniently overlooking the audit's finding that the system put 1,537 people on the ineligible list who had been convicted of felonies but served their full sentences and should have had their voting rights restored. The auditors could not determine how many of these eligible voters tried to cast a ballot and were denied, but noted they should not have been on the list disqualifying them in the first place.

Second, there is no evidence in this audit or elsewhere that felons who voted illegally tried to pass themselves off as someone else. Requiring a photo ID to vote would not have stopped them from voting. Saying a photo ID requirement will stop felons from voting is like saying if your car's battery is dead, the solution is new license plates.

The thing that could stop ineligible convicted felons from voting is a voter registration system that can compare the statewide voter list to corrections records showing whether someone has a felony conviction and, if so, whether the full sentence has been served. Such cross-checking is required under federal law, and Wisconsin was supposed to be in compliance with that federal law on January 1, 2006. The state Elections Board and the private company the board hired for this project – the global outsourcing firm Accenture – haven't been able to figure out how to do it.

Wisconsin voters are not to blame here. A bumbling state agency and a private computer software developer that can't program its way out of a paper bag are to blame. So making voters jump through another hoop is not the answer. Holding state officials and one incompetent company accountable is.

Wednesday, November 28, 2007

The Beginning Of Vending Machine Justice

State Supreme Court Justice Annette Ziegler is fixing to judge a tax case involving Wisconsin Manufacturers and Commerce, which spent an estimated $2.2 million to get her elected, considerably more than the record-setting amount Ziegler spent on her own campaign. Oral arguments on the case are scheduled for tomorrow.

Because of her ethics problems, Ziegler has taken to notifying all sides in cases before the high court of economic ties she has or any campaign support she received from any of the parties involved in a case. Ziegler also has been asking lawyers in the cases for feedback about whether she should recuse herself from the proceedings. She dropped out of one recent case after an attorney raised objections to a campaign contribution she received.

Ziegler is handling this tax case a bit differently. She informed all of the involved parties of the fact that WMC spent heavily on her behalf but did not invite feedback on whether she should remove herself from the case. Instead, she notified the attorneys she intends to participate in hearing and ruling on the dispute over whether companies should have to pay sales tax on computer software they buy.

Here's where it gets interesting. If someone were to ask Ziegler to step aside it would be Attorney General J.B. Van Hollen, who represents the state Department of Revenue in this case. It so happens WMC spent $2.5 million to get Van Hollen elected in 2006. If Van Hollen were to ask Ziegler to recuse herself, as he clearly should, that would beg the question of whether Van Hollen should prosecute the case for the state. That question should be asked regardless of what Van Hollen says to Ziegler.

The outcome of this case has huge implications. If the state loses, it could be forced to refund an estimated $350 million in taxes collected from businesses. But the implications for the integrity of our justice system and public confidence in the fairness and impartiality of Wisconsin's highest court are even more serious. This case is providing an initial glimpse into what happens when our courts are politicized by campaigns for Supreme Court that are allowed to degenerate into such tawdry and money-saturated affairs.

Wisconsin's court system has a big problem. This one case is showing just how big.

Tuesday, November 20, 2007

They Can't Kill Her, Can They?

Of the many head-scratching things that were said at yesterday's hearing on state Supreme Court Justice Annette Ziegler's judicial misconduct case, the most memorable came from lead judge Ralph Adam Fine, who seemed to sympathize with Ziegler and was moved to say that even the best people sometimes make mistakes, adding that a "cup of hemlock" may not be the proper remedy.

A cup of hemlock? Who knew poisoning was even an option? I had always been under the impression the worst punishment the three-judge panel reviewing the case could recommend is removal from the bench, but maybe Judge Fine knows something the rest of us don't.

Monday, November 19, 2007

Judicial Integrity In The Balance

The three-judge Judicial Conduct Panel that is reviewing the Annette Ziegler ethics case held its planned hearing this morning in West Bend. The panel is reviewing the state Judicial Commission's complaint against the newest member of the state Supreme Court alleging judicial misconduct as well as the commission's recommendation that she be reprimanded. The judges will be forwarding their findings and recommendation to the state Supreme Court, which has the final say in the matter.

The hearing lasted about an hour and a half, and after sitting through it, the first question that springs to mind is why was it even held. Both the Judicial Commission and attorneys for Ziegler said they were content to rest on the legal briefs they already had filed and had nothing new to add. None of the three judges explored any new territory. Most notably, none asked why the Judicial Commission had chosen to focus only on 11 cases that Ziegler handled involving West Bend Savings Bank where Ziegler's husband is a paid member of the board of directors, while ignoring at least three dozen other cases involving companies in which the Zieglers own substantial amounts of stock. No explanations were offered about why these stones were left unturned, and the judges didn't ask for any explanation.

Several times during the hearing, one of the judges or attorneys took pains to stress that the judicial discipline system is not designed to punish judges but rather educate them. The glaring double standard evident in these repeated statements was apparently lost on everyone in the courtroom with a law degree. Can anyone imagine any citizen accused of breaking the law standing before any judge and being told that if the verdict is guilty it is not the court's intention to punish but rather only to educate?

Something Justice Ziegler's lawyer said highlighted what a failure this approach to enforcement has been. At one point, the attorney said the longstanding judicial ethics rule requiring judges with a financial conflict of interest to disclose the conflict and recuse themselves did not cross Ziegler's mind as she handled the West Bend Savings Bank cases. If Ziegler is to be believed when she says she wasn't thinking of the ethics code when she ruled on these cases, then isn't that a pretty damning indictment of the judicial discipline system's "educational" efforts?

Other than articulating a clear preference for education over punishment, the panel of judges also conspicuously dwelled on precedent, namely past disciplinary actions taken against Wisconsin judges. The peculiar thing about the emphasis on precedent is that the Ziegler case is an unprecedented situation. Never before has a sitting member of the state Supreme Court faced possible discipline for judicial misconduct. Question for the judges: How do you apply precedent in an unprecedented case?

Another problem with remaining bound by precedent is that past enforcement of the judicial ethics code clearly has left a great deal to be desired, as evidenced by Ziegler's own admission that she didn't give a passing thought to the rules when she handled cases in which she had a clear financial conflict of interest. Question for the judges: Why do you apply precedent when it represents failure?

What the Judicial Conduct Panel's findings end up being and what the judges recommend in the way of discipline are anybody's guess. But the signals sent at today's hearing were hardly confidence inspiring.

Friday, November 16, 2007

Holding Wisconsin Back

When asked what the biggest problem facing Wisconsin is, more people than ever before are saying it's government ethics and politics. That's according to the latest Wisconsin Survey conducted by St. Norbert College Survey Center for Wisconsin Public Radio.

In fact, on the list of the biggest concerns on the minds of state residents, government ethics ranks ahead of jobs and the economy, health care, education, gas prices, crime and drugs, the environment and immigration. Only tax and budget concerns worry a higher percentage of Wisconsinites than government ethics and politics. Amazing.

The percentage of people identifying government ethics as Wisconsin's biggest problem nearly doubled from the previous poll conducted this spring. St. Norbert's has been doing the Wisconsin Survey since 1994 and the ethics of our state's political leaders didn't register as a concern at all until the spring of 2002.

Tuesday, November 13, 2007

An Unfair Fight

Last Friday we released an analysis showing state senators who voted for AT&T's cable TV bill have received 12 times more campaign money from interest groups that favor the bill than senators who voted against it.

A telling statistic that's not in the report. . . . Senators who voted for AT&T's bill and received $1.2 million since 1999 from interests that support the bill have gotten less than $90,000 from opponents of the legislation over the same period.

The only remaining obstacle for AT&T and its allies is the governor's veto pen. It sure doesn't sound like the governor is planning to veto the bill, and no wonder. He's received more than $1.5 million from supporters of the cable bill since 1999 and just over $182,000 from opponents.

Thursday, November 08, 2007

The Greatest Gift

Of all the questions I'm asked, I get one far more than any other. With the news that Scott Jensen is being granted a new trial on a technicality, I got it again. How do you put up with all the BS?

Different people ask it different ways, but it's the same question. How do you get up in the morning and go to work day after day, knowing you'll run into more brick walls? How do you stay hopeful? Doesn't all the nonsense in politics drive you flipping batty?

My standard answer is birth defect. You see, I am a Chicago Cubs fan, so I'm used to waiting until next year.

My love of the Cubs is not a choice, it's in my DNA, inherited from my parents as sure as my eye color and skin tone were. For those who think I can't possibly be serious, let me ask you this: Would you choose the torment the Cubs have inflicted on their fans all these many years?

OK, OK, enough.

In my book, the real secret of stick-to-it-iveness is defiance.

When we respond to political corruption or some grave social injustice or other outrage by throwing up our hands and turning away from the democratic process, that creates a vacuum that lobbyists and special interests and the politicians they own thrive in. Succumbing to feelings of apathy or cynicism or hopelessness is the greatest gift you can give to those who are abusing our democracy and subverting it and twisting it to their advantage. They feed on those feelings. They need us to say what's the use.

Knowing that, why give them what they hunger for, what they live on? They can take and take and take until they've taken most everything. But don't ever let them take your hope.

Tuesday, November 06, 2007

Saying The F Word

Fascism is a loaded term. So loaded that it's next to impossible to talk about or even think about in a way that doesn't begin and end with Hitler and concentration camps and gas chambers. If it wasn't so pathetically xenophobic not to mention just plain silly, all the recent blather about Islamofascism would be welcome if for no other reason than it moves the discussion beyond the Nazis.

Our limited field of vision when it comes to fascism leaves us vulnerable to overlooking its emergence in subtle, more unrecognizable forms and early, less cancerous stages. Could we see it if it's not ushered in by a parade of goose-stepping soldiers?

Franklin Roosevelt saw it. Even seemingly innocuous stuff going on in our own backyard – like the game of footsy AT&T and our state government are playing – makes FDR's words of warning echo loudly.

Nobel Prize-winning novelist Sinclair Lewis also tried teaching us what to look for. "When fascism comes to America it will be wrapped in the flag and carrying a cross," he wrote.

More recently, Laurence Britt offered his 14 characteristics of fascism. Not all fascist regimes have been genocidal, Britt reminds us, but they all have to one degree or another exhibited these common traits:

1. Powerful and continuing expressions of nationalism.

2. Disdain for the importance of human rights.

3. Identification of enemies or scapegoats as a unifying cause.

4. The supremacy of the military and avid militarism.

5. Rampant sexism.

6. A controlled mass media.

7. Obsession with national security.

8. Religion and ruling elite tied together.

9. Power of corporations protected.

10. Power of labor suppressed or eliminated.

11. Disdain and suppression of intellectuals and the arts.

12. Obsession with crime and punishment.

13. Rampant cronyism and corruption.

14. Fraudulent elections.

If we are to safeguard democracy, these are the things we need to watch for. Do you see any signs of trouble?

Tuesday, October 23, 2007

Mother's Milk Indeed

Sometimes others say it so well you just have to step aside and let them do the talking. The following is a letter to the editor that appeared in the small-town Cumberland Advocate on October 17.

Money not the “mother’s milk” in politics

To the Editor:

Last week’s editorial noted money to be the “mother’s milk” of politics. Money is not the “mother’s milk,” but the heroin of politics. As heroin twists all addicts into morally ravaged, brain addled, fully compromised whores to the drug, money corrupts the entire political process. Apart from independently wealthy and self-financed candidates, no one seeking office can ever effectively represent voters’ interests which conflict with corporate profits from the same issue. This is true of military policy controlled by and for Halliburton, AIPAC and General Dynamics, of health care policy determined by and for Aetna and United Healthcare, of agricultural policy determined by and for ConAgra...right on down the line. Campaign finance reform – the removal of all heroin, er, private source bribery from politics – is the essential issue without which none other will be resolved in the best interests of the citizens of the USA. Online, the Wisconsin Democracy Campaign and the Center for Responsive Politics offer ample documentation of this issue.

Steve Hart
Cumberland

Monday, October 22, 2007

Casualty Of The Backlash

Bill Kraus is a Republican, the kind who used to run the GOP. He's also the kind who's been figuratively if not literally excommunicated from the party. Part of his problem is that he believes politics should be about more than bumper sticker slogans. An even bigger part of Bill's problem is that he actually believes government should work. There was a time – pre-Iraq and pre-Hurricane Katrina, mind you – when Republicans were known for being able to run things.

Some of the insurrectionists – I call 'em rewinders (and explain why here) – who overthrew the likes of Bill Kraus and took over the Republican Party want gays to stay in the closet. Some want women barefoot and pregnant in the kitchen. Others want blacks at the back of the bus. Still others are, in Michael Kinsley's words, "loners . . . convinced that they don't need society." Quite a few are probably all of the above.

Even the health care issue has fallen victim to backlash politics and the money that fuels it. The health insurance crisis is undeniably a top concern of working stiffs. The cry for reform is coming increasingly from corporate boardrooms. Yet any movement on the issue is being stymied. Wonder why? Follow the money. And then follow it some more.

The Healthy Wisconsin reform plan costs about $15 billion. But it would replace a patchwork quilt of a system with a thousand middle men that is costing us more than $17 billion. So let's get this straight . . . we could spend $15 billion and cover everyone instead of paying $17 billion for a system that leaves a half-million people uninsured? And this is a bad idea? No, it's an idea that is being sloganed to death.

Often by the same people responsible for throwing Bill Kraus out of the club.

Wednesday, October 17, 2007

What A Long Strange Trip It's Been

It's day 109 in the state budget stalemate. A day after the Assembly rejected a revised budget plan in a special session called by Governor Doyle, the Assembly speaker called for an extraordinary session of the Legislature to deal with the budget crisis. Sorry, but it's just impossible at the moment to imagine any session of this Legislature qualifying as special, much less extraordinary.

Over the noon hour today, a corporate-sponsored group called Americans for Prosperity staged an anti-tax rally, presumably to try to put a scare into any legislative Republicans who might be toying with the idea of straying from the no-budget-is-a-good-thing camp. AFP is hardly homegrown. . . . It is on the front lines of a national crusade against health care reform and pretty much any other initiative that might require a tax dollar to support it. Wisconsin just happened to be AFP's battleground of choice for today.

AFP paid to bus in a crowd estimated at between 350 and 500 for the rally, and they were met by about 800 counter-demonstrators. Cameras and microphones and reporters with notebooks were everywhere. Evidently, political paralysis is news.

On the other end of State Street from the Capitol, there was another rally. On the University of Wisconsin's library mall, a dozen students and passersby, maybe two, listened while representatives of the ACLU and Progressive Magazine and student activists tried to raise awareness of the Military Commissions Act and what it's done to the right to habeas corpus. There wasn't a camera crew or tape recorder to be seen. News, suspending civil liberties is not.

Thursday, October 11, 2007

Judgeship Follows Gifts To Governor

Wisconsin Supreme Court candidate Michael Gableman contributed $1,250 to former Republican Governor Scott McCallum two months before McCallum picked him to fill a vacant Burnett County Circuit Court judgeship in 2002.

Gableman's contribution was among $4,073 in campaign contributions he made to candidates for statewide office and the legislature from 1998 through 2002.

Those contributions included $2,500 to McCallum, $600 to former Republican Attorney General candidate Vince Biskupic, $500 to former Democratic Representative Greg Huber, $173 to Republican Assembly candidate Connie Loden, $100 to Republican Assembly candidate Ted Nickel and $100 each to Supreme Court candidates Ed Brunner and Pat Roggensack.

Gableman made two contributions of $1,250 each to McCallum on December 13, 2001 and June 18, 2002. McCallum appointed Gableman August 20, 2002 to serve the remainder of retiring Judge James Taylor's term. Gableman was elected to a full six-year term in 2003.

Charles Schutze, a Sun Prairie attorney who is also vying for incumbent Louis Butler's Supreme Court seat this April has contributed $550 to two candidates. He gave Supreme Court Justice Patrick Crooks two $100 contributions in 1995 and a total of $350 to Republican legislative candidate Hariah Hutkowski in 2002 and 2004.

WDC could find no large individual contributions by Butler to candidates for statewide and legislative offices since 1993 other than the $7,099 he gave his own unsuccessful campaign for the high court in Spring 2000. Butler's wife, Irene, contributed $100 in 2006 to Democratic legislative candidate Cory Mason's campaign.

Butler was appointed to the Supreme Court by the governor in August 2004 to fill a vacancy when Justice Diane Sykes was appointed to the federal bench.

Monday, October 08, 2007

Snarling At Online Court Access

CCAP. It's a foul four-letter word to Wisconsin Rapids Democrat Marlin Schneider. To me and many, many others it spells open government.

CCAP is an an acronym for "Consolidated Court Automation Programs." It's a system that allows the public to gain access to court records via a Wisconsin circuit court Web site.

This invaluable service is now under attack. The threat comes in the form of legislation proposed by Schneider to allow only police, judges, prosecutors and reporters to log on to CCAP. Members of the general public would have to get permission from a district attorney or court clerk, who would have to determine there's a "reasonable need" for disclosure before granting access to the site.

The man known as Snarlin' Marlin says allowing unsupervised public access to criminal records is ruining people's lives. Perhaps a paragraph near the end of an August 2005 article in the Milwaukee Journal Sentinel sheds light on why CCAP really rankles Schneider so. It says, "CCAP shows that the lawmaker had a $65,000 judgment against him as the result of an auto accident. 'The jury chose to believe the woman who looked frail,' he said about the jury trial."

Republican Attorney General J.B. Van Hollen is no fan of Schneider's bill and calls CCAP “a model for the distribution of public information.” In a letter to the chairman of the committee reviewing the legislation, Van Hollen wrote that he believes "the exclusion of the general public...is not appropriate and frustrates the state’s compelling interest in accessible government."

To which Schneider responded, "Big deal. I should care?"

Yes, you should care.

The Democracy Campaign used CCAP to research cases Annette Ziegler handled as a circuit court judge that led to our formal request to the state Judicial Commission for an ethics investigation of Ziegler's financial conflicts of interest. With CCAP, we were able to identify the problem cases in a single day. Without access to CCAP, we would have had to travel to the Washington County courthouse in West Bend and comb through volumes of case files. It would have involved weeks of tedious inspection of court documents, looking for the proverbial needle in a haystack. And there's no guarantee we ever would have found all of what we were looking for.

The public deserved to know that Judge Ziegler was engaging in judicial misconduct. CCAP was instrumental in making that happen.

The public deserves – and the interest of open government demands – continued unfettered access to CCAP.

Wednesday, October 03, 2007

Your Union. Delivered.

Back in May, we posted an item about state Democratic Party chairman Joe Wineke signing on as a lobbyist for AT&T to push for a cable TV franchising bill the company desires. The firestorm that Wineke's dual roles created eventually forced him to put an end to his lobbying work for the telecommunications giant.

Now we learn that AT&T's stable of lobbyists includes none other than Communications Workers of America Local 4611 President Michael Goebel.

Questions abound. . . . Would Goebel know a conflict of interest if it bit him on the backside? Would he care? How many rank and file members of CWA Local 4611 know that their union president is paid to shill for AT&T? How many will stand for Goebel's divided loyalties when all this becomes widely known?

Tuesday, October 02, 2007

NEWSFLASH: Governor Returns Tainted Donations

Pennsylvania's governor, that is.

A few days ago, Governor Ed Rendell announced he is returning $7,000 in campaign contributions from two associates of Norman Hsu, the former fugitive now in custody and facing federal fraud charges. That move came some three weeks after Rendell decided to get rid of a larger sum that he got from Hsu himself.

National politicians from one coast to the other have been busy the last month dumping campaign money that has anything resembling Hsu's fingerprints on it.

Wisconsin Governor Jim Doyle, on the other hand, took $2000 from Hsu back in July 2005. And he continues to hold on to it. Tight.

Friday, September 28, 2007

Ziegler Plot Thickens

State Judicial Commission chief Jim Alexander was understandably defensive when the three-judge panel that is reviewing the commission's work on the Annette Ziegler ethics case issued an order Wednesday that expands the scope of the Ziegler probe and questions why the Judicial Commission apparently left stones unturned.

"You can rest assured the matter was thoroughly investigated," Alexander told reporters. Reading the order, it doesn't sound like the three judges on the special Judicial Conduct Panel are convinced.

The panel of judges is reviewing the case before making a recommendation to the state Supreme Court, which will have the final say on what, if any, punishment Ziegler receives. The panel has scheduled a public hearing on the case for November 19, and in preparation for that hearing the judges have given the Judicial Commission and attorneys for Ziegler three weeks to provide answers to their many questions about Ziegler's finances, her handling of cases as a circuit court judge, what facts the commission knew about and which facts it relied upon to recommend Ziegler be reprimanded, and the timing of Ziegler's admission that she engaged in judicial misconduct.

While all the questions being raised by the three-judge panel are important ones, it's the question about the timing of her admission that is most critical. While the others largely aim at establishing the facts and determining what Ziegler did or did not do and what the commission did or did not do, the timing question cuts to the issue of Ziegler's forthrightness and whether she deceived voters by being less than forthcoming before the election about the seriousness of her ethical missteps.

Before the April election, Ziegler repeatedly danced around the question of whether she had violated the state judicial ethics code and only insisted there was "no scandal." After the election, she admitted she broke the rules.

It remains to be seen what Ziegler's fate will be. But one thing already is clear. This whole episode does not reflect favorably on the Judicial Commission. The commission operates in obscurity, like a scout teamer on a football squad who never gets on the field during games. The Ziegler ethics probe was the commission's rare chance to perform with the lights on and a big crowd watching.

The commission finally was put in the game and got to carry the ball. It fumbled.

Tuesday, September 25, 2007

Budget Delay Wastes $17 Million

The Wisconsin Legislature has blown $17.2 million in taxpayer dollars working on the proposed 2007-09 state budget during the past three months - a job they were supposed to complete by July 1.

The figure represents salaries, fringe benefits and other costs to operate the Legislature for a quarter of the year. Its current annual budget is $68.8 million.

Both houses passed differing versions of the budget in late July and then formed a committee of legislative leaders to hammer out a compromise budget the Assembly and Senate could agree on and send to Governor Jim Doyle.

But the committee has yet to agree on a budget at the expense of dozens of other legislative proposals that have been idling. One legislative veteran says the Assembly has only been in session 14 days this year. "It's an absolute outrage that while we fiddle around nothing is getting done," Democratic Representative Marlin Schneider said in a press release.

At the same time, plenty of fundraising has been getting done. Legislative leaders on the conference committee as well as rank and file lawmakers have been holding fundraisers in bulk during the months-long budget delay to milk special interests with a stake in the two-year policy and spending proposal.

Wednesday, September 19, 2007

Legislators Foul Up WMC's Script

The state's largest business organization recently began airing radio ads commending five Assembly Republicans - four of whom won their 2006 races by the skin of their teeth - for opposing increases in business and other taxes contained in the Senate Democrats' version of the proposed 2007-09 state budget.

The ads are being run on behalf of Representatives Lee Nerison, Terry Moulton, John Murtha, Karl Van Roy and Brett Davis. But it seems these guys fouled up the script that Wisconsin Manufacturers & Commerce had for them.

The ad scripts are identical for each lawmaker and use two women conversing who say, in part, "none of us can afford higher taxes. But you know what? We're lucky. Why? Our state representative (name) is fighting to keep the Senate tax hikes from becoming law. He says taxes in Wisconsin are already too high. In fact, he's already voted against the tax hikes."

But within days of these radio ads, the five voted on September 18 in favor of a $12.3 billion education spending bill that translates into an $80 increase in property taxes on the average home. The education package they approved contained most of the school aid levels sought by Democratic Governor Jim Doyle and Senate Democrats.

Click here and scroll to September 14 to hear the ads.

What Will Prosser Do?

Annette Ziegler's punishment for judicial misconduct is ultimately up to the state Supreme Court. Before the matter reaches the high court, a three-judge panel will review the state Judicial Commission's findings and recommendation that Ziegler receive a reprimand. The formation of that panel hit a snag late last week when it was discovered one of the judges donated to Ziegler's campaign.

Appeals Court Judge Michael Hoover gave Ziegler $100 last November, and he was hastily removed from the review panel when news of the donation spread last week.

Will the standard that was applied to Hoover apply when Ziegler's case finally makes it to the Supreme Court? Justice David Prosser donated $250 to Ziegler's campaign last November. Will Prosser stand in judgment of Ziegler? How can he if Hoover couldn't?