Michael Gableman in Dane County Circuit Court on Thursday, June 23 | Screenshot via Wisconsin Eye

The Wisconsin Office of Lawyer Regulation (OLR) filed a disciplinary complaint against former Supreme Court Justice Michael Gableman on Tuesday. In 10 counts, the complaint alleges Gableman violated numerous provisions of the Wisconsin Rules of Professional Conduct for Attorneys during and after his much-maligned investigation of the 2020 election. 

Among the allegations, Gableman is accused of failing to “provide competent representation” and to “abstain from all offensive personality” and of violating attorney-client privilege. 

The OLR investigation into Gableman was initiated after a grievance was filed by voting rights focused firm Law Forward. In a statement, Law Forward president Jeff Mandell said the organization would continue to hold people accountable for undermining faith in the state’s election system. 

“Gableman misused taxpayer funds, promoted baseless conspiracy theories, and engaged in improper intimidation tactics; his efforts undermined the integrity of our electoral system,” Mandell said. “Law Forward is committed to ensuring accountability for those who undermine the public’s trust in our elections, and we will continue to pursue legal action to hold others who impugn elections responsible for their actions, ensuring that they face consequences for any misconduct that threatens the freedom to vote. Our work is far from finished, and we are dedicated to securing a future where elections remain fair, transparent, and free from interference.” 

The first two counts against Gableman involve statements and actions he took after filing subpoenas against the mayors and city clerks of the cities of Green Bay and Madison. The complaint alleges that Gableman mischaracterized discussions he had with the lawyers for both cities, communicated with Green Bay’s city attorney when the city had obtained outside counsel in the matter, lied to Green Bay city officials about the work of his investigation and mischaracterized those actions when he filed a petition with a Waukesha County Circuit Court attempting to have the mayors of both cities arrested for not complying with his subpoenas. 

The third count alleges that Gableman made false statements in his testimony to the Assembly Committee on Campaigns and Elections when he accused officials at the Wisconsin Elections Commission, as well as the mayors of Green Bay and Madison, of “hiring high-priced lawyers” to conduct an “organized cover-up.”

Gableman – Complaint

“Gableman did not characterize his assertions as opinions,” the complaint states. “He presented them as objective, proven facts. His assertions were public accusations of improper, possibly unlawful activity by Mayors Rhodes-Conway and Genrich. Gableman had no tangible, verifiable, objective, persuasive evidence to support his assertions. Gableman’s accusations caused serious reputational damage to the public officials involved. He publicly sought to jail the mayors of Madison and Green Bay, despite all they and their attorneys had done to comply with Gableman’s subpoenas.” 

The fourth through seventh counts against Gableman involve actions and statements he made during open records litigation involving his investigation by the public interest organization American Oversight. 

Those counts allege that Gableman’s statements while on the witness stand, in open court during a recess and to the news media after a hearing about his investigation’s failure to provide records constituted demeaning statements about a judge and opposing counsel and displayed a “lack of competence” in following the state’s open records and records retention laws by destroying records and failing to comply with American Oversight’s records requests. 

Count eight alleges that Gableman used his contract with the Wisconsin Assembly and Speaker Robin Vos to pursue his own interests, including by stating multiple times he had to “pressure” Vos into continuing the investigation that dragged on for months after it was supposed to end. 

The complaint states that Gableman was paid a total of $117,395.95 during the investigation and the Assembly paid $2,344,808.94 for the investigation, including $1,816,932.26 for hiring outside counsel in multiple instances of  litigation initiated during the review. 

“Before signing the contract, Gableman did not tell Vos that he did not agree with the objectives Vos had outlined, the time frame for submitting the final report, or the compensation to be paid to him,” the complaint states. “Gableman also did not tell Vos that he intended to enlist public support to pressure Vos to change the objectives of the investigation, increase the budget, or expand the time frame.” 

The ninth count in the complaint alleges that by supporting a failed effort to recall Vos, and making various public statements at rallies and in the media about his discussions with Vos and Vos’ staff, Gableman violated his duty of confidentiality with his client, the Assembly. 

The final count alleges that Gableman lied in an affidavit to the OLR submitted during its investigation into his conduct. Gableman stated in the affidavit that at no time during his investigation was he “engaged in the practice of law.” However the complaint includes excerpts from a number of the agreements he signed with the Assembly that served as contracts for “legal services,” lists the instances during the investigation in which he gave legal advice to the Assembly and the times he made court filings as an attorney during the investigation. 

The complaint states that he made “multiple demonstrably false statements” in the affidavit in which he was attempting to show he had not violated the state code of conduct, itself a violation of the code. 

OLR complaints are heard by the state Supreme Court. The office said it doesn’t comment on pending litigation.