Justice Patience Roggensack of the Wisconsin Supreme Court did the right thing by judicial standards in 2009 when she recused herself from participating in a case involving an attorney, Donald Schott of Quarles & Brady, who had previously represented her in another matter. Without Roggensack’s vote, the Court deadlocked 3-3 and the case, involving two businessmen who were sued for “plundering” a stereo company by making excessive payments to themselves, went back down to the appeals level. The appeals court reversed a jury verdict against the businessmen, so the case went up to the State Supreme Court again.

 

But when the case she avoided returned a second time to the Supreme Court, Roggensack decided to participate in the decision after all. However a different justice, Annette Ziegler, who had ruled on the case the first time, recused herself this time and the Court again deadlocked 3-3. This meant that the appeals court ruling stood and Roggensack’s lawyer, Donald Schott, won the case, allowing the businessmen in question to avoid a $6.5 million settlement.

 

Roggensack has served on the Wisconsin Supreme Court since 2003 and has registered to run for reelection in 2013.

-David Wallechinsky, Noel Brinkerhoff

 

Wisconsin Supreme Court Justice Patience Roggensack Decided Case Involving Her Own Lawyer (by Bill Lueders, Wisconsin Center for Investigative Journalism)