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This week marked the fifth anniversary of the Jan. 6 insurrection, in which supporters of President Trump stormed the U.S. Capitol, demanding that then-Vice President Pence overturn the will of the people. Efforts to impose accountability for those responsible and those involved have largely ended — except in Wisconsin. This means that Wisconsin has the opportunity, and the responsibility, to re-assert the rule of law, to ensure justice, and to bolster the foundations on which American democracy has been built over the past 250 years.

As we assess the state of our democracy in light of this somber anniversary, let’s start with the bad news: 

• The U.S. Supreme Court derailed efforts by states to enforce the 14th Amendment’s prohibition against insurrectionists serving in federal office, and then it invented an ahistorical and jaw-droppingly broad doctrine of presidential immunity to derail criminal prosecutions of Trump in state and federal courts alike. 
• Federal prosecutions of the violent mob in the Capitol were upended by Trump’s Department of Justice, and Trump issued sweeping federal pardons to every individual connected with Jan. 6, effectively encouraging them to keep it up. 
• State prosecutions of the fraudulent electors — those who executed an unprecedented effort to overturn the 2020 election by submitting to Congress (and other officials) paperwork that falsely declared Trump to have won seven key states that he in fact lost and thereby laying the groundwork for the Jan. 6 rioters to violently demand Pence validate their efforts — have faltered, often for reasons unrelated to the merits of those actions. 

But here in Wisconsin there are still grounds for hope. Hope that bad actors who deliberately took aim at our democracy will be held accountable. Hope that our institutions will stand up and protect our democracy from further meddling by those most directly responsible. And hope that those institutions will act promptly to prevent further damage. Every Wisconsinite should be watching the following accountability efforts — and urging our elected officials to use their authority to advance the rule of law and protect our democracy. 

First, the Wisconsin Supreme Court will soon determine the appropriate sanction for Michael Gableman’s ethical transgressions as he spearheaded a sham “investigation” of the 2020 election. Gableman, who once served on the Wisconsin Supreme Court, accepted this job despite his own assessment that he did not understand how elections work in Wisconsin. He wasted taxpayer funds, undermined government transparency laws, dealt dishonestly with his clients and the public, lied to and insulted courts, and tried to jail the elected mayors of Green Bay and Madison. In March 2023, Law Forward filed an omnibus ethics grievance, documenting Gableman’s myriad breaches of the ethics rules that bind all Wisconsin attorneys. Last summer, Gableman stipulated that he had no viable defense of his conduct and agreed with the Office of Lawyer Regulation to jointly recommend his law license be suspended for three years. (He is now trying to wriggle out of accountability by serially pushing justice after justice to recuse.) 

Wisconsin precedent is clear that, where a lawyer is charged with multiple ethical breaches, the proper sanction is determined by adding the sanctions for each breach together. The Court should apply established law, which demands revoking Gableman’s law license. Then the Office of Lawyer Regulation and the Court should act on our requests to hold Andrew Hitt (chairman of the Wisconsin fraudulent electors) and Jim Troupis (chief Wisconsin counsel to Trump’s 2020 campaign and ringleader of the fraudulent-elector scheme) accountable as well.

Second, the primary architects of the fraudulent-elector scheme, detailed in records  obtained through Law Forward’s groundbreaking civil suit, are also facing criminal prosecution in Dane County. Attorney General Josh Kaul’s case is narrowly focused only on three lawyers — two who were based here in Wisconsin, and one working for the Trump campaign in DC — who conceived and designed the scheme to overturn Wisconsin’s results and then convinced six other states to follow suit. Troupis, who himself was appointed to the Wisconsin bench by former-Gov. Scott Walker as a reward for his key role in the 2011 partisan gerrymander, has gone to great lengths to slow down this prosecution, which Kaul initiated in June 2024. He filed nine separate motions to dismiss the case. He accused the judge hearing preliminary motions of misconduct and insisted that the entire Dane County bench should be recused. And now he has appealed the denial of his misconduct allegations. This case, since assigned to a different Dane County judge, will proceed, and it is the best hope anywhere in the country to achieve accountability for the fraudulent-elector scheme. 

Third, on behalf of the Wisconsin Democracy Campaign and two individual voters, Law Forward is suing Elon Musk and two advocacy organizations he controls for their brazen scheme of million-dollar giveaways to influence the 2025 Wisconsin Supreme Court election. This case is about ensuring that Wisconsin elections are decided by Wisconsin voters, not by out-of-state efforts to buy the results they want for us. We’re waiting for the trial court to decide preliminary motions, but, with another Wisconsin Supreme Court election imminently approaching, there is urgency to clarify that Wisconsin law forbids the shenanigans we saw last year, which contributed to the most expensive judicial race in American history. 

Beginning in 2011, Wisconsin became the country’s primary testing ground for the most radical anti-democratic ideas. From Act 10 to one of the strictest voter ID laws in the country, from subverting the separation of powers and steamrolling local control over local issues to hobbling the regulatory state and starving our public schools, Wisconsin’s gerrymandered Legislature adopted idea after idea hostile to democracy. With the end of the nation’s most extreme and durable partisan gerrymander in 2023 and a change in the makeup of the state Supreme Court, however, the tide in Wisconsin has ebbed somewhat. 

Now, improbably, Wisconsin is the place that democracy can best hold the line. We can create accountability for those who have abused power, have undermined elections, and have diminished the ideals and institutions of our self-government. That, in conjunction with Law Forward’s broad docket of work to defend free elections and to strengthen our democracy, sustains my hope.

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A formal recommendation of punishment for Michael Gableman, whose career rise and fall set him apart in Wisconsin legal and political history, signals the end of a case that has been humiliating for the former state Supreme Court justice and the court itself.

In a report issued Friday, a referee in a state Office of Lawyer Regulation case found that Gableman committed 10 lawyer misconduct violations in his probe of the 2020 presidential election in Wisconsin.

The partisan probe was authorized at the behest of then-citizen Donald Trump, who lost that election to Joe Biden.

The referee, Milwaukee attorney James Winiarski, recommended that the state Supreme Court suspend Gableman’s law license for three years. 

Gableman and the Office of Lawyer Regulation, seeking to settle the case, had stipulated to the three-year suspension.

“A high level of discipline is needed to protect the public, the courts and the legal system from repetition” of Gableman’s conduct, by him or other attorneys, the referee wrote.

Former state Supreme Court Justice Janine Geske, who was appointed to the court by Republican Gov. Tommy Thompson, said before the report was issued that Gableman’s behavior in the investigation “was so outrageous and damaging to the image of the Supreme Court.

“But he has been on the outskirts or around ethical violations his whole Supreme Court career.”

Gableman, 58, a Waukesha County resident who has largely receded from public view, did not reply to requests for comment.

The conservative Gableman, a former small-county judge with close ties to the Republican Party, made history by defeating an incumbent justice in the 2008 election. He served one 10-year term before his career began to unravel. 

As Wisconsin Watch detailed in April, Gableman attended the 2016 Republican National Convention, in possible violation of the state judicial code, and had to be escorted out of two gatherings there after causing disturbances. After deciding not to seek re-election in 2018, he worked for the first Trump administration before leading the election investigation, a probe that found no fraud but cost taxpayers $2.8 million — four times the budgeted amount. 

Gableman now finds himself facing punishment from the very court he served on.

Winiarski has practiced law for more than 40 years and has previously served as  referee in lawyer discipline cases. He invoiced the Supreme Court $8,208 for nearly 109 hours on the case at $75.51 per hour. He recommended Gableman be responsible for all costs associated with the disciplinary matter.

The suspension recommendation essentially codifies a stipulation Gableman made in April with the Office of Lawyer Regulation in which he stated he could not successfully mount a legal defense against the misconduct allegations. 

The liberal-majority Supreme Court, which began its current session in September, must still approve the punishment. 

Geske, who was a justice from 1993 to 1998, said the suspension would be fair punishment in part because Gableman’s conduct in the investigation, including threatening to jail elected officials, helped solidify the public perception that Wisconsin judges have become partisan actors.

“I think people wonder what’s happening in the court and what’s happening with the individual justices,” she said. “So I think he did great harm to the court in engaging in that behavior.”

The Office of Lawyer Regulation case against Gableman alleged that during the election investigation Gableman violated 10 counts of Supreme Court rules of professional conduct for attorneys. He was accused of making false statements about a judge, an opposing attorney and two mayors; making false statements to the Office of Lawyer Regulation; disobeying a court order; and violating the state open records law and confidentiality rules. 

University of Wisconsin-Madison political science professor Howard Schweber, who is affiliated with UW’s law school, said a three-year license suspension verges on lenient because of the seriousness of the misconduct and because Gableman was acting in a public capacity, not as a private attorney.

Wausau attorney Dean Dietrich, a former Wisconsin Bar Association president and expert on lawyers’ professional responsibility, said “it is unfortunate” that a former justice is facing a law license suspension, but that “the actions of one person do not reflect the actions of others.”

Judicial offices in Wisconsin technically are nonpartisan, but state Supreme Court races have drawn heavy participation and money from the Republican and Democratic parties. 

Marquette University law professor Chad Oldfather, author of a recent book on the importance of selecting judges with good character, said a three-year suspension would be typical for the type of misconduct alleged against Gableman.

“Ultimately, we want people of the highest character in judicial roles,” Oldfather said. “Somehow we have to find a way to get the legal profession and the broader culture to buy into that as the top priority, which seems like an awfully heavy lift these days.”

There are also calls for tougher action on lawyer misconduct.

Madison lawyer Jeffrey Mandell, head of a law firm that filed a misconduct complaint against Gableman with the Office of Lawyer Regulation, noted that Gableman previously was investigated for ethics violations involving an ad he ran in his Supreme Court campaign and for hearing cases while a justice that involved a law firm that gave him free legal services.

Gableman was not sanctioned in those cases.

Mandell said the state needs to act more quickly and more decisively on lawyer misconduct. He noted Wisconsin lawyers are not subject to permanent disbarment. Those who receive the most severe punishment, a five-year license revocation, can petition after five years to get their license back.

The vast majority of states allow disbarred attorneys to apply for license reinstatement.

“Some conduct is simply beyond the pale, deserving of a permanent ban from the public trust of legal practice,” Mandell said. “It’s past time for Wisconsin to recognize this.”

After the report was issued, Mandell called for the Supreme Court to revoke Gableman’s law license, saying: “Anything less minimizes the gravity of his offensive behavior and lacks deterrent effect. Wisconsin attorneys must understand that engaging in unethical conduct to overturn the will of voters will not be tolerated, regardless of who the actor is.”

Supreme Court should suspend Michael Gableman’s law license for 3 years, referee says is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.