Act 10 reversal prompts GOP push to prevent judge shopping

 

MADISON, Wis. (CBS 58) -- A Republican lawmaker is proposing legislation to limit judge shopping, a practice when litigants take their case to a specific courthouse where a judge is likely to rule in their favor.

Rep. David Steffen (R-Howard) said he introduced the bill in the wake of a Dane County judge overturning the controversial Act 10 law that significantly curtailed collective bargaining rights for most public employees.

Steffen believes judge shopping played a role in Monday's ruling that restored collective bargaining rights unions members lost in 2011.

"I can't help to think this was a highly political move," Steffen said.

Steffen's proposal seeks to prevent preferred outcomes in court by allowing cases to be randomly assigned to a judge. The measure would be optional for any party to request a random courtroom to hear their case.

"The goal is to have some impartial decisions," Steffen said. "It's equally important to have the public believe they're going to be in a situation that no matter what the case is, they're going to get a fair shake."

Both parties have used the tactic to try to hand-pick an outcome. Republicans typically file cases in Waukesha, a heavily conservative part of the state, while Democrats prefer the deep-blue region of Dane County.

Critics argue the proposed measure could undermine the judicial process.

"It would upset the courts," said Rep. Christine Sinicki (D-Milwaukee). "This is the way it's always been used. It's assigned to the court in your county."

Other Democrats call the bill politically motivated in wake of the reversal of Act 10.

“Time and time again, we see Republicans attempting to change the rules when the rules no longer serve their interests," Senate Minority Leader Diane Hesselbein said.

Steffen plans to introduce the bill next year when lawmakers return for the upcoming legislative session. However, it could face an uphill battle after a similar bill proposed by Steffen failed to receive a public hearing last session.

Members of Congress have also tried to address judge shopping, but none of the proposed changes by Democrats and Republicans gained traction.