Michael Gableman | Up Front screen shot

Wisconsin Supreme Court Justice Susan Crawford issued an order Thursday recusing herself from former Justice Michael Gableman’s disciplinary case with the state Office of Lawyer Regulation. 

Gableman faces a suspension of his law license for his conduct during his widely derided review of the 2020 presidential election. The Supreme Court is responsible for delivering the length of his suspension and determining any monetary penalties he’s responsible for paying. 

Crawford’s recusal comes after Gableman had filed a motion requesting that she not participate in the case because of comments she made about him on the campaign trail earlier this year. However, Crawford isn’t recusing at Gableman’s request. 

Instead, Crawford wrote, she is stepping aside from weighing in on the case because part of the allegations against Gableman are his actions during an open records lawsuit against him in the circuit court of Dane County Judge Frank Remington. Crawford, formerly a judge in that circuit, said that because of her proximity to Remington’s court, she learned facts about that case that are not considered part of the official record in the disciplinary matter. 

“I believe it is likely I was exposed to information and impressions related to Attorney Gableman’s conduct and demeanor in the circuit court that fall outside of the record before this court,” she wrote. “Because I may have been exposed to factual allegations beyond those Attorney Gableman has chosen not to contest, I may have ‘personal knowledge of disputed evidentiary facts concerning the proceeding.’”

Because she recused herself for another reason, Crawford dismissed Gableman’s request as moot.

Gableman had also requested the recusal of Justice Rebecca Dallet, arguing that comments she made about his judicial record when she announced her campaign for the Court in 2017 meant she couldn’t impartially assess his case. In an order, Dallet denied the request, writing that her comments about him in 2017 have nothing to do with how she assesses actions he took in 2021. 

“Although Gableman tries to characterize my comments as reflecting a view of ‘Gableman’s moral turpitude,’ and his ‘professional judgment and character,’ no objective reasonable observer would understand them as such,” she wrote. “Simply put, I expressed my disagreement with Gableman’s actions as a candidate and justice between 2008 and 2018. That disagreement is irrelevant to whether he engaged in attorney misconduct in 2021 and 2022, and whether I can impartially adjudicate claims that he did so now.”

With Crawford recusing, the Court is divided 3-3 between liberals and conservatives — though conservative Justice Brian Hagedorn has previously sided with the Court’s liberals in cases relating to the 2020 presidential election.