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A former conservative justice of the state Supreme Court could be sanctioned by the high court after a complaint was filed.
The Wisconsin Office of Lawyer Regulation is accusing Michael Gableman of lying to the public, his former client and the agency in the complaint that knocked the former justice’s behavior during a review of the 2020 election.
The 75-page complaint asked the state Supreme Court to sanction Gableman for 10 alleged violations of the state codes for attorney conduct that include disrespecting a Dane County judge and opposing counsel in a hearing over an open records lawsuit against his taxpayer-funded Office of Special Counsel.
The allegations cover much of what was raised in three complaints that have been filed against Gableman over his election review since 2022, including one by two progressive attorneys that accused him of waging “a shambolic, dishonest, and destructive campaign against Wisconsin’s democracy at taxpayer expense and in the guise of a public official.”
Attorney Jeff Mandell, of Law Forward, shared with WisPolitics a letter he received from OLR laying out how the complaint will now proceed. The Supreme Court will appoint a referee to oversee the disciplinary case. If Gableman contests any charges, there will be an evidentiary hearing.
Mandell vowed to continue efforts to hold accountable those who “impugn elections.”
“Gableman misused taxpayer funds, promoted baseless conspiracy theories, and engaged in improper intimidation tactics; his efforts undermined the integrity of our electoral system,” Mandell said.
WisPolitics previously obtained legal bills that showed taxpayers had covered $49,713 for private attorneys to represent Gableman in the “OLR Matter.” The contract was signed by Virginia-based attorney Patrick McSweeney, who said he hadn’t had time to review the full complaint.
The Nov. 19 complaint was the latest fallout from Gableman’s much-maligned review of the 2020 election. Speaker Robin Vos, R-Rochester, hired the former justice in 2021 amid complaints from Donald Trump and his supporters over the election, including a string of baseless claims of widespread fraud.
Vos eventually fired him in August 2022 after the former justice had endorsed his primary opponent and called Gableman “an embarrassment.” Vos earlier this year told WISN-TV’s “UpFront” that he hoped Gableman would be disbarred.
The complaint tallied more than $2.3 million in costs associated with Gableman’s review, including more than $1.8 million for outside lawyers to litigate various proceedings that emerged from his efforts.
That total doesn’t include the $441,345 that has been awarded to American Oversight attorneys in their successful open records suits against Gableman’s former office.
OLR accused Gableman of signing his original contract with Vos under false pretenses and later inappropriately detailing conversations with the speaker and his staff, calling it a breach of attorney-client privilege.
Along with endorsing Vos’ 2022 primary challenger, Gableman was heavily involved in the failed effort to recall the speaker earlier this year. During that push, Gableman made public comments that OLR alleged had inappropriately revealed details of his conversations with a client.
The office also accused Gableman of lying to the agency by insisting he didn’t provide legal advice or represent the Assembly in court while serving as special counsel to the chamber under a contract he signed with Vos.
Gableman’s affidavit to the agency insisted no one considered his appointment as special counsel “established a client-lawyer relationship with anyone.”
OLR wrote in its complaint the statement contained “multiple demonstrably false statements.” The complaint noted, among other things, that Gableman’s contract with Vos stated it was for “legal representation for the Assembly” and for “legal services.”
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