State Bar of Wisconsin

Member input sought in judicial free speech case

The Attorney General has asked the State Bar Board of Governors to request leave to file a brief amicus curiae in support of the state’s position in the case of Siefert v. Alexander, Case No. 08-CV-00126-BBC.  In this case, Judge John Siefert of Milwaukee has challenged the constitutionality of three provisions of the Wisconsin Code of Judicial Conduct as an infringement on his right to free speech.  The case against the Wisconsin Judicial Commission is currently pending in the U.S. District Court, Western District of Wisconsin.

The Board of Governors is seeking input and comments from the membership on each individual rule being challenged in this case.  For each of the rules challenged please answer the following questions:

1. Should the Board of Governors request leave to file a brief amicus curiae in support of the Attorney General’s position favoring retention of this rule?  Include an explanation of your position.
2. What harm to the legal community and/or the general public, if any, do you believe would result if this rule is found to be unconstitutional?

The rules challenged by Judge Siefert are:

1. SCR 60.06(2)(b)(1) – “No judge or judicial candidate may be a member of any political party.”
2. SCR 60.06(2)(b)(4) – “No judge or judicial candidate may publicly endorse political party candidates or platforms.”
3. SCR 60.06(4) – “No judge or judicial candidate may personally solicit or accept campaign contributions, but a candidate may establish a committee to do so and may serve on the committee.”

To assist you in your deliberations, copies of all relevant documents in the case file are below.  All comments must be returned to pubaffairs@wisbar.org no later than July 25. 

Request from the Attorney General's Office

• Department of Justice Memo to State Bar (June 6, 2008) 1.2 MB

Selected Documents from the Siefert Case File

• Supreme Court Order 00-07 (Oct 29, 2004) 66 KB
• Preliminary Pretrial Conference Order (Oct. 27, 2006) 240 KB
• Complaint (Feb 21, 2008) 400 KB
• Memorandum in Support of Plaintiff's Motion for Preliminary Injunction (March 3, 2008) 535 KB
• Defendant's Proposed Finding of Facts (May 15, 2008) 40 KB
• Department of Justice Brief in Opposition to Plaintiff's Motion for Preliminary Injunction (May 15, 2008) 102 KB
• Reply in Support of Plaintiff's Motion (May 23, 2008) 107 KB
• Department of Justice Final Answer (April 30, 2008) 17 KB
• Western District Court Order Denied (June 2, 2008) 17 KB