State Bar of Wisconsin

Inside the Bar
October 2008

Board takes action on Siefert v. Alexander in appellate court

The Board of Governors took up Siefert v. Alexander (Case No. 08-CV-00126-BBC) at its Sept. 12 - 13 meeting. The board reaffirmed the State Bar’s strong support for an independent judiciary and expressed its continuing support for existing regulations as established by the Judicial Commission. While the board agreed not to file an amicus brief at this time, it reserved the right to consider filing an amicus if and when the case has been decided on the record by the district court and the case is appealed in the 7th Circuit Court of Appeals. The State Bar will send a letter to the district court informing it of these actions.

History. In early June, Judge John Siefert, Milwaukee challenged the constitutionality of three provisions of the Wisconsin Code of Judicial Conduct as an infringement on his right to free speech. Specifically, he has expressed his opposition to provisions in the judicial code preventing judges from running for partisan judicial office and prohibiting them from personally raising money, among other issues. Also in June, Attorney General J.B. Van Hollen requested that the State Bar become involved in the issue, and at its June 2008 meeting, the Board of Governors agreed to seek feedback from State Bar committees, divisions, and sections. The case against the Wisconsin Judicial commission is pending in the U.S. District Court, Western District of Wisconsin.

The three rules being challenged by Judge Siefert are:

• SCR 60.06(2)(b)(1) – No judge or judicial candidate may be a member of any political party.
• SCR 60.06(2)(b)(4) – No judge or judicial candidate may publicly endorse political party candidates or platforms.
• 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.

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