Judge overseeing Act 10 lawsuit appears to have signed Walker recall petition

 

MADISON, Wis. (CBS 58) -- Gov. Tony Evers criticized the recusal process in the judicial system after a Wisconsin judge appeared to have ties to a high-stakes lawsuit that significantly reshaped unions in the state.

The signature of Dane County Judge Jacob Frost, who's overseeing a lawsuit challenging the controversial law known as Act 10 that curtailed the power of most public sector unions, appears on a 2011 petition to recall former Gov. Scott Walker. The signature was first reported by WISN-AM conservative radio host Dan O'Donnell.

Walker, a Republican, signed the sweeping changes into law 13 years ago that sparked massive protests with tens of thousands of people protesting at the state Capitol.

Gov. Evers, who appointed Frost to the bench in 2020, said Wednesday he doesn't believe Frost should recuse himself because of his signature on the recall petition.

"I don't think so," Evers told reporters at an event in Madison. "Recusal is kind of a death knell of the judiciary. Let's just let it play out."

Frost's signature matches the address he lived at in 2011, according to property records. Frost did not respond to CBS 58's requests for comment.

Act 10, which eliminated collective bargaining rights for most public workers, has faced legal challenges before, but this recent case is the first since the state Supreme Court flipped to liberal control last year.

Public employees and teacher unions argued in court Tuesday that the 2011 law is unconstitutional because it creates exemptions for firefighters, police, and other public safety workers. Meanwhile, the GOP-controlled Legislature argued the lawsuit should be dismissed because it's been upheld in previous court rulings.

This week, Frost said he plans to issue a written order in the coming weeks on a motion that seeks to dismiss the case.

Judges signing recall petitions is not out of the ordinary, but political experts tell CBS 58 it does carry precedent given Frost is overseeing the lawsuit seeking to undo Act 10.

State Supreme Court Justice Janet Protasiewicz also signed the Walker recall, which could become problematic with the case challenging Act 10 likely to make its way to the state's highest court.

"Everyone has to take a breath and let the system work the way it's supposed to," Evers said.