Protasiewicz denies request to recuse from Act 10 case

CBS 58

MADISON, Wis. (CBS 58) -- A liberal Wisconsin Supreme Court justice has rejected calls to not hear a controversial case that seeks to restore union rights for thousands of state workers.

Justice Janet Protasiewicz denied Republicans' request to recuse herself and said in a motion she will consider hearing a challenge to ACT 10, a 2011 law that stripped collective bargaining rights from most public workers, including teachers.

Her decision comes as the court also directed the case brought by unions to be heard by an appeals court in Waukesha first.

Republicans called on Protasiewicz to step aside after she took part in protests opposing ACT 10 and signed a recall petition against former Republican Governor Scott Walker, who signed landmark law 14 years ago.

During her campaign, Protasiewicz said she believes Act 10 was unconstitutional and would only consider recusing if a case was brought before the court.

In a motion, Protasiewicz argued those actions happened long before she became a justice, and she shouldn't have to step aside.

“I am confident that I can, in fact and appearance, act in an impartial manner in this case,” Protasiewicz said.

The decision comes after conservative Justice Brian Hagedorn recused from hearing the case. As a former aide to Governor Walker, Hagedorn helped craft and defend the law.

Last year, a Dane County judge ruled that Act 10 violates equal protection guarantees in the state constitution because it created two groups of public employees; some received collective bargaining rights while others did not.

Police officers and firefighters are currently preserved under the law, but the rest fall into the "general employee category" such as teachers, prison workers and conservation wardens that lost bargaining rights.

Protasiewicz joined the court in 2023 and ran in opposition of Act 10 and rallied for abortion rights. Her victory flipped control of the court for the first time in 15 years, giving liberals a 4-3 majority.

Control of the court will be up for grab against on April 1. The race will be between Dane County Judge Susan Crawford and Waukesha County Judge Brad Schimel.

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