Henak Law Office, S.C.
  Criminal Appeals, Post-Conviction Remedies, Federal Habeas Corpus

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Milwaukee, WI 53202
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Justice Gableman Recusal Motions

On Friday, April 17, 2009, Attorney Robert R. Henak and Henak Law Office, S.C. filed two motions in the Wisconsin Supreme Court seeking the recusal or disqualification of Justice Michael Gableman from participating in the consideration or decision of the case of State v. Aaron Antonio Allen, Appeal No. 2007AP795.

The grounds for the motions are that (1) as a candidate for the office of Justice of the Wisconsin Supreme Court, Candidate Gableman relied upon an agenda of promoting the interests of the prosecutorial arm of state government while denigrating both the legal rights of those accused of crimes and their counsel, and (2) Candidate Gableman received an estimated $3 million in support from third-party special interests in the form of advertisements promoting the same type of agenda. That agenda demonstrates both actual bias in favor of the prosecution and against those, such as Allen, accused of a crime, and the impermissible appearance of bias.

On September 19, 2009, Attorney Henak filed a supplemental motion in the Allen case, addressing the impact of the decision in Caperton v. A.T. Massey Coal Company, Inc., 129 S.Ct. 2252 (2009). In Caperton, the Supreme Court reaffirmed the principle that due process is violated, not only where the judge is actually or subjectively biased in favor of one party to litigation or against another, but also where there exists an impermissible likelihood or reasonable appearance of such bias.

The supplement also addressed Justice Gableman’s defense to his pending judicial misconduct charges, in which his attorney claimed, among other things that an attorney who is performing the ethically and constitutionally mandated role of representing someone accused of a crime necessarily is “subvert[ing] our system of . . . bringing criminals into account.”

On October 2, 2009, Attorney Henak filed updated versions of the recusal motions in State v. Donald J. McGuire, Appeal No. 2007AP2711-CR. Those new motions incorporate the effects of Caperton and Justice Gableman’s defense to the misconduct charges.

Interested parties should review the motions themselves for the legal and factual bases for these allegations.

Given the presumption that all judges will act impartially, the decision to seek recusal is not one to be made lightly. A motion to recuse a judge for actual or apparent bias accordingly should be made only in the most extreme circumstances. For the reasons stated in his motions, Attorney Henak believes that Justice Gableman’s statements and actions as a candidate and in response to his misconduct charges reflect exactly such an extreme circumstance, therefore requiring his recusal in these cases.

U.S. Cert. Petition re Gableman Recusal

Justice Gableman Wisconsin Supreme Court Recusal Decision
(Added 2/11/10)

State v. McGuire Motions and Supporting Documentation:

Motion for Recusal of Justice Michael Gableman on Constitutional Grounds (ver.2.0)
(PDF format)

Motion for Recusal of Justice Michael Gableman on Statutory and Ethical Grounds (ver. 2.0)
(PDF format)

Gableman Recusal Motion Documentary Exhibits
LARGE document - 5 MB
(PDF format)

State v. Allen Motions and Supporting Documentation:

Motion for Recusal of Justice Michael Gableman on Constitutional Grounds
(PDF format)

Motion for Recusal of Justice Michael Gableman on Statutory and Ethical Grounds
(PDF format)

Press Release re: Motions to Recuse Justice Gableman
(PDF format)

Electronic Exhibits:

Gableman Recusal Motion Electronic Exhibits (only those available in PDF)
LARGE document - 11 MB
(PDF format)

Exhibit E7 First Gableman Campaign television ad

Exhibit E-8 Second Gableman Campaign television ad

Exhibit E-14 WMC’s first radio ad - “Fifty-one”

Exhibit E-15 WMC’s first television ad: “Ally”

Exhibit E-16 WMC’s second radio ad - “Looking for Justice”

Exhibit E-17 WMC’s second television ad

Exhibit E-19 WMC’s third television ad

Exhibit E-22 CFAF’s first television ad

Exhibit E-23 CFAF’s second television ad

Exhibit E-24 CFAF’s second television ad (revised)

Exhibit E25 CFGW’s television ad

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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