(Published Thursday, May 17, 2007 09:24:42 AM CST)
A d v e r t i s e m e n t
By Scott Bauer Associated Press
MADISON, Wis. - Supreme Court Justice-elect Annette Ziegler, admitting she violated the state ethics code, paid a $5,000 fine under a settlement announced Wednesday.
Another investigation by the state Judicial Commission remains ongoing and could result in Ziegler being removed from the bench.
The settlement was announced by the state Ethics Board, which brought the complaint.
"Judge Ziegler's admission, decision not to contest the investigators' report, and payment of penalty and costs achieve every result the Ethics Board sought," said its director Roth Judd in a statement.
Ziegler paid the fine on Wednesday, which will be deposited in the state school fund, and also agreed to pay the Ethics Board's attorney fees which totaled about $12,000, according to the board.
While Ziegler broke the state ethics code by participating in cases that involved family members, there was no evidence that she or any of her relatives benefited financially from her actions, Judd said.
In a prepared statement, Ziegler said she was gratified that the investigation confirmed that neither she nor anyone in her family benefited from the decisions in question.
Ziegler said she still believes the Judicial Commission is the appropriate place to examine the question of whether she needed to recuse herself, but "my overriding goal has been to quickly complete any reviews into cases I heard as a circuit court judge."
After the Supreme Court declined to take the case away from the Ethics Board, Ziegler said she felt the best option was to settle.
"I'm hopeful the Judicial Commission can complete its review in a timely fashion," Ziegler said. "I am confident they will similarly find I did not benefit from any judicial decision I made, and that I did not show any bias toward any party in any case that came before me."
The Ethics Board complaint revolved around five cases Ziegler heard as a Washington County circuit court judge. The board sought $25,000 in fines alleging that Ziegler broke state conflict-of-interest laws when she presided over cases involving a bank for which her husband was a director.
Ziegler's husband, J.J. Ziegler, is a member of the West Bend Bank's board of directors, and earns $20,000 a year.
The Judicial Commission's investigation is in response to a complaint filed by the nonpartisan Wisconsin Democracy Campaign, which also cited nine cases Ziegler heard involving companies in which she owns at least $50,000 in stock.
The settlement was reached the day before a special court hearing was planned to take evidence on the complaint. That hearing was canceled.
Judges can remain on cases unless they have a significant financial interest that raises a reasonable question as to the judge's impartiality. Judges also are required to disclose any information those involved in a case might consider relevant to the question of recusal, even if the judge doesn't believe there is a basis for recusal.
While the Ethics Board complaint is now over, the Judicial Commission could decide upon the conclusion of its investigation to bring a case against Ziegler before the Supreme Court. It would be up to the court - possibly after Ziegler has joined it - to decide whether she should be punished. Penalties range from a reprimand to removal from the high court.
Ziegler defeated Madison attorney Linda Clifford on April 3 in the race for the 10-year seat. She is scheduled to take office Aug. 1.
