Justice Patrick Crooks denied Prosser's motion and will be reading when and if the case gets that far:
I have given careful consideration to Justice David T. Prosser's motion for my recusal from participation in the judicial disciplinary proceedings against him, Case No. 2012AP566-J. Initially, I concluded that this recusal motion was premature because the judicial discipline statutes, Wis. Stat. § 757.81 through § 757.99 (2009-10), do not require this court to act at this stage in the proceedings. Nevertheless, I have decided that I now want to issue my decision on Justice Prosser's recusal motion.I hear Prosser is all choked up about Crooks' ruling.
I conclude that the legal rule known as the “Rule of Necessity,” as well as the duty to sit on cases, requires me to remain on this case. After considering all of the arguments raised by Justice Prosser's recusal motion, I further conclude that Wis. Stat. § 757.19(2)(b) and (g), and SCR 60.04(4) do not require me to recuse in this matter.
Just wait until Prosser can get his hands on Crooks.
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