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Michael Gableman

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Michael Gableman
2008 portrait
Justice of the Wisconsin Supreme Court
In office
August 1, 2008 – July 31, 2018
Preceded byLouis B. Butler
Succeeded byRebecca Dallet
Wisconsin Circuit Court Judge for the Burnett Circuit
In office
May 2002 – July 31, 2008
Appointed byScott McCallum
Preceded byJames Taylor
Succeeded byKenneth Kutz
District Attorney of Ashland County
In office
May 1999 – May 2002
Appointed byTommy Thompson
Preceded byJ. B. Van Hollen
Succeeded bySean Duffy
Personal details
Born (1966-09-18) September 18, 1966 (age 58)
West Allis, Wisconsin, U.S.
Political partyRepublican
Education

Michael J. Gableman (born September 18, 1966) is an American lawyer and former justice of the Wisconsin Supreme Court.[1] A Republican, he has been described as a hard-line conservative.[2]

From June 2021 until August 2022, Gableman was employed as a "special counsel" by Wisconsin Assembly speaker Robin Vos to investigate the results of the 2020 United States presidential election in Wisconsin. His fourteen-month investigation resulted in various unsubstantiated accusations against municipal clerks and members of the Wisconsin Elections Commission, and cost the state more than two million dollars. Gableman himself became a lightning rod for controversy and was the subject of several lawsuits and personal disputes with other officials; he was ultimately fired by Vos just three days after the August 2022 primary elections in Wisconsin.[3] Vos later referred to Gableman as "an embarrassment to the state".[4] In a February 2024 settlement to one lawsuit, Assembly Republican leadership conceded that Gableman had also violated state public records laws during his investigation.[5]

Early life and education

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Michael J. Gableman was born in West Allis, Wisconsin, in 1966 and raised in Waukesha County. He is a graduate of New Berlin West High School (1984) and Ripon College (1988), where he earned a bachelor's degree in education and history.[6][7] After college, Gableman taught American history at George Washington High School in the Milwaukee Public School system (1988–1989) before pursuing a legal career. He graduated from Hamline University School of Law in 1993.

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While in law school, he worked as a part-time law clerk in the United States Attorney's office in Minneapolis. After graduating, he served as a law clerk at the state district court level in Douglas County, Minnesota, and the state circuit court level in Brown County, Wisconsin. He became a half-time assistant district attorney in Langlade County, Wisconsin, in 1996, and worked the other half time at a private law office while also serving as deputy corporation counsel for Forest County. Gableman then worked as an assistant district attorney in Marathon County.[7]

Public office

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In May 1999, governor Tommy Thompson appointed Gableman to the vacant post of district attorney of Ashland County.[8] Gableman was elected to a full term in this office in 2002,[7] but resigned shortly after his election to accept an appointment as an administrative law judge in the Wisconsin Department of Workforce Development.[9]

Later that year, Gableman was appointed Wisconsin circuit court judge for Burnett County, by Governor Scott McCallum.[7] He was elected to a full term in the April 2003 general election, receiving 78% of the vote over Burnett County district attorney Kenneth L. Kutz.[10]

In Burnett County, Gableman established an inmate community service program, a juvenile community service program, a drug and alcohol court, and a restorative justice program for which he served as chairman of the board for six years.[11] He also was an adjunct professor of law at Hamline University School of Law, teaching criminal procedure and professional responsibility.[6]

In October 2007, Gableman announced he would run for Wisconsin Supreme Court, challenging incumbent justice Louis B. Butler.[12] Gableman described himself as a judicial conservative.[13] In the April 1, 2008, general election, Gableman narrowly defeated Butler and became the first challenger to defeat an incumbent Wisconsin supreme court justice since 1967.[14]

Wisconsin Supreme Court

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Gableman's election in 2008 was seen as part of a trend of outside big-money interests becoming a major factor in state judiciary elections.[15] [16]

The Wisconsin Judicial Commission brought an ethics charge against Gableman.[17] The charges alleged that a campaign advertisement in which he accused Butler of working "to put criminals on the street" and accusing Butler of finding a "loophole" that resulted in the release of a child molester, was false and misleading.[18] Gableman claimed in the defense of his ad that his free speech rights were violated by the judicial conduct rule he was accused of breaking.[19][20]

A three-judge panel was then charged with the preliminary investigation into whether the campaign ad violated the Wisconsin Code of Judicial Conduct.[21] In November 2009, the panel unanimously recommended that the complaint against Gableman be dismissed.[22] Procedure required that the Wisconsin Supreme Court make the final determination as to whether there was an ethics violation.[21] When the court deadlocked 3-3, the commission stopped pursuing the case.[23]

In January 2011, the group 9to5 Milwaukee filed an ethics complaint with the Wisconsin Government Accountability Board against Gableman for failing to recuse himself from a case in which he allegedly had a financial interest.[24][25] Gableman received legal counsel from July 2008 to July 2010 from the Wisconsin law firm of Michael Best & Friedrich on a contingency fee basis. He received the services from the law firm as it defended him against a separate ethics charge. Gableman never declared the receipt of the services in his official disclosure statements. Critics characterized the legal contingency-fee arrangement as "free" legal services, a characterization Michael Best & Friedrich rejected.[23]

In 2017, Gableman said he would not run for re-election in 2018.[26]

Investigation into 2020 election results

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Following Joe Biden's victory in the 2020 United States presidential election, the defeated incumbent, Donald Trump, refused to concede, made claims of fraud and launched a campaign to challenge the results in a number of states, including Wisconsin. Gableman injected himself into the discussion and suggested the election was "stolen" from Trump.[2]

Following Biden's inauguration in 2021, Wisconsin Republicans hired Gableman to investigate the conduct of the 2020 United States presidential election in Wisconsin. Gableman's appointment came just 15 hours after former president Donald Trump had accused Vos and other Wisconsin Republicans of engaging in a "cover up" of the election results.[27]

Gableman issued subpoenas to a number of local officials in Green Bay and Milwaukee, subsequently admitting that he didn't actually understand how elections were supposed to be conducted.[28] His fourteen-month investigation resulted in various unsubstantiated accusations against municipal clerks and members of the Wisconsin Elections Commission, but found nothing of substance. Gableman himself became a lightning rod for controversy; he called for opponents of his review to lose their offices,[29] he called for witnesses to be jailed if they did not comply with his interview process,[30] he was the target of several lawsuits, and he was fined for contempt due to his record-keeping practices.

Staff and Investigation

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The watchdog group American Oversight released documents obtained by an open record act request in a lawsuit against Assembly Speaker Republican Robin Vos. They show that Gableman's staff for his Republican party review of the state's 2020 presidential election, was initially provided with a $676,000 budget in public funds for a process that was supposed to end by November. His staff included members of former President Donald Trump's administration, conspiracy theorists, and others who have falsely claimed the 2020 election was stolen. They have examined election records in search of fraud.

Gableman earned $11,000 a month. Some staff members, including former White House attorney Andrew Kloster, received up to $5,000 a month or $450 hourly. Ron Heuer, president of a group that sued to overturn the results of the election, was paid $3,250 monthly. Clint Lancaster, an Arkansas attorney was paid $10,000 monthly while others, including a former Milwaukee Police detective, earned $40 hourly.

The American Oversight-released document show that the review staff made amateur mistakes and communicated with conservative businessman Mike Lindell, the "My Pillow Guy." Gableman and his staff also visited the site of a Maricopa County, Arizona "audit" as well as a South Dakota "symposium" Lindell operated. Wisconsin taxpayers underwrote thousands in travel expenses. Gableman had spent $175,500, the bulk being paid for staff salaries. He and many of his staff members have made the false claim that Trump won the 2020 election. Biden actually won Wisconsin by 20,682 votes.[31]

Critics

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The review has been criticized for being a waste of taxpayer money and for harming public confidence in Wisconsin’s elections. In late November, Gableman requested a Waukesha County judge to order the local Sheriff’s Office to arrest the mayors of Green Bay and Madison for failure to appear to testify. Such testimony demanded of local and state election officials has generated considerable contention with simultaneous court battles happening in widespread jurisdictions. Officials have said they would testify in public forums, but Gableman insisted he be allowed to question them privately. The state statutes permitting legislative committees to appoint special counsels to conduct investigations require public testimony.

Wisconsin Attorney General Josh Kaul (D) filed a lawsuit against Gableman and his attempt to subpoena Wisconsin Elections Commission Administrator Meagan Wolfe. An attorney for the Green Bay mayor threatened to file for sanctions against Gableman over his attempt at arresting the targeted mayors. Hearings regarding those cases were scheduled for December 22nd and 23rd, 2021.[32]

When the Gableman inquiry was criticized by Republican state Sen. Kathleen Bernier, Gableman said he hoped that Bernier would not be re-elected.[29]

In 2022, Gableman said that mayors and others who refused to be interviewed by him behind closed doors should be incarcerated.[30]

Report

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Gableman released his interim report in March 2022. The report endorsed numerous debunked claims of fraud and conspiracy theories.[33] It also made false assertions about lawmakers’ power to decertify President Biden’s victory.[33][34][35] The report made false claims based on incomplete and misinterpreted data, particularly related to voting in nursing homes, and Gableman's office declined to answer questions from journalists about Gableman's unsubstantiated claims.[36]

Gableman's report cited The Gateway Pundit, a far-right conspiracy website.[33] Wisconsin governor Tony Evers called the report "a colossal waste of taxpayer dollars."[37]

During the course of the probe, Gableman's team either ignored or was slow to respond to records requests by journalists and watchdog groups.[38] Court documents in April 2022 revealed that Gableman routinely deleted emails, text messages and other documents gathered and produced by his probe.[38]

Contempt of Court, Referral to OLR, and Firing

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On June 15, 2022, Gableman was found in contempt by Circuit Court Judge Frank D. Remington after he refused to answer questions in the courtroom after being subpoenaed to appear. The Court stated, "Gableman's demeaning conduct has discredited the profession and every other person sworn 'to commit themselves to live by the constitutional processes of our system'." The Court imposed fines on Gableman of $2,000 a day until he complies with court orders related to the open records requests,[39] and reported his conduct to Wisconsin's Office of Lawyer Regulation for "appropriate disciplinary action."[40]

On August 12, 2022, Gableman was fired by Speaker Vos after endorsing Vos' challenger in the 2022 primary election. Gableman's firing came three days after Vos narrowly defeated his primary challenger by 260 votes.[3][41] As of August 22, 2022, Gableman appears to be working for a conservative law firm that assisted with the 2020 election review. He listed his occupation as senior counsel at the Thomas More Society in a presentation he delivered over the prior weekend at a conference hosted by Mike Lindell, which focused on election conspiracies.[42]

Although Gableman's position was terminated in August 2022, at least four lawsuits related to his contract, record keeping, and use of authority continued well into 2023, costing Wisconsin taxpayers additional millions in legal expenses.[43]

Electoral history

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Wisconsin Circuit Court (2003)

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Wisconsin Circuit Court, Burnett Circuit Election, 2003[44][45]
Party Candidate Votes % ±%
Nonpartisan Primary, February 18, 2003 (top-two)
Nonpartisan Michael Gableman (incumbent) 1,582 72.37%
Nonpartisan Kenneth L. Kutz 446 20.40%
Nonpartisan Dennis C. Lieder 158 7.23%
Scattering 0 0.0%
Total votes 2,186 100.0%
General Election, April 1, 2003
Nonpartisan Michael Gableman (incumbent) 3,263 78.17%
Nonpartisan Kenneth L. Kutz 909 21.78%
Scattering 2 0.05%
Plurality 2,354 56.40%
Total votes 4,174 100.0%

Wisconsin Supreme Court (2008)

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Wisconsin Supreme Court Election, 2008[46]
Party Candidate Votes % ±%
General Election, April 1, 2008
Nonpartisan Michael Gableman 425,101 51.19%
Nonpartisan Louis B. Butler (incumbent) 402,798 48.50%
Scattering 2,551 0.31%
Plurality 22,303 2.69%
Total votes 830,450 100.0%

References

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  1. ^ Marley, Patrick (June 15, 2017). "Wisconsin Supreme Court Justice Michael Gableman will not seek second term". Milwaukee Journal Sentinel. Retrieved October 7, 2021.
  2. ^ a b Epstein, Reid J. (June 29, 2021). "Wisconsin G.O.P. Wrestles With Just How Much to Indulge Trump". The New York Times. ISSN 0362-4331. Retrieved June 29, 2021.
  3. ^ a b Epstein, Reid J. (August 12, 2022). "A Top Wisconsin Republican Fires the 2020 Election Investigator He Hired". The New York Times. Retrieved August 12, 2022.
  4. ^ Kremer, Rich (September 19, 2022). "Former 2020 election investigator Michael Gableman hints at revolution in speech to Outagamie County Republicans". Wisconsin Public Radio. Retrieved April 17, 2024.
  5. ^ Schmidt, Mitchell (February 24, 2024). "Michael Gableman violated public records law, Assembly leaders acknowledge". Wisconsin State Journal. Retrieved February 26, 2024.
  6. ^ a b "Former justices - Justice Michael J. Gableman". Wisconsin Court System. Retrieved October 7, 2021.
  7. ^ a b c d Pohlman, Julie; Lemanski, Lynn, eds. (2013). "Biographies" (PDF). State of Wisconsin 2013–2014 Blue Book (Report). Wisconsin Legislative Reference Bureau. p. 10. ISBN 978-0-9752820-6-9. Retrieved April 22, 2019.
  8. ^ "DA's office scrambles to cover caseload". Wausau Daily Herald. May 13, 1999. p. 3. Retrieved October 7, 2021 – via Newspapers.com.
  9. ^ "Prosecutor named Ashland County DA". The Post-Crescent. June 4, 2002. Retrieved October 7, 2021 – via Newspapers.com.
  10. ^ Results of Spring General Election - 04/01/2003 (PDF) (Report). Wisconsin State Elections Board. May 6, 2003. p. 4. Retrieved October 7, 2021.
  11. ^ Briggs, Steve (June 24, 2017). "Gableman won't seek Supreme Court re-election". burnettcountysentinel.com. Retrieved July 23, 2023.
  12. ^ Johnson, Shawn (October 5, 2007). "Gableman Announces Candidacy for Supreme Court Justice". Wisconsin Public Radio. Retrieved October 7, 2021.
  13. ^ Forster, Stacy (March 31, 2008). "Gableman says his judicial philosophy in line with voters". Milwaukee Journal Sentinel. Archived from the original on October 3, 2015. Retrieved October 7, 2021 – via Wayback Machine.
  14. ^ "Gableman victorious". Milwaukee Journal Sentinel. April 2, 2008. Archived from the original on April 11, 2011. Retrieved October 7, 2021.
  15. ^ "The Gableman Controversy". Milwaukee Magazine. March 11, 2008. Retrieved October 7, 2021.
  16. ^ "Factcheck.org: Judgment Day in Wisconsin". Newsweek. March 6, 2008. Retrieved October 7, 2021.
  17. ^ Judicial Commission's Statement of Facts - Case No. 2008AP002458-J (PDF). Wisconsin Judicial Commission (Report). February 27, 2009. Archived from the original (PDF) on July 18, 2011. Retrieved October 7, 2021 – via Wispolitics.com, Wayback Machine.
  18. ^ "Editorial: Justice Gableman deserves public reprimand". Green Bay Press-Gazette. December 1, 2008. p. 7. Archived from the original on December 1, 2008. Retrieved October 7, 2021 – via Newspapers.com.
  19. ^ "Gableman says his free speech rights were violated". New Richmond News. November 20, 2008. Retrieved December 3, 2008.
  20. ^ Davidoff, Judith (November 26, 2008). "Gableman hires anti-abortion attorney to fight ethics charges". The Capital Times. Archived from the original on November 26, 2008. Retrieved October 7, 2021 – via Newspapers.com.
  21. ^ a b Yeager, Alicia (December 4, 2009). "Complaint Against Justice Gableman Moves Forward". The Badger Herald. Retrieved October 7, 2021.
  22. ^ Judicial Conduct Panel's Findings of Fact, Conclusions of Law and Recommendation - Case No. 2008AP2458-J (PDF). Wisconsin Judicial Commission (Report). November 2009. Archived from the original (PDF) on June 2, 2010. Retrieved October 7, 2021 – via JusticeAtStake.org, Wayback Machine.
  23. ^ a b Marley, Patrick (December 15, 2011). "Justice Gableman not charged legal fees in ethics case". Milwaukee Journal Sentinel. Retrieved October 7, 2021.
  24. ^ Stein, Jason. "Another ethics complaint filed against Justice Gableman". Milwaukee Journal Sentinel. Archived from the original on October 24, 2014. Retrieved October 7, 2021 – via Wayback Machine.
  25. ^ Marley, Patrick (January 20, 2012). "Gableman says he won't recuse himself from disputed cases". Milwaukee Journal Sentinel. Retrieved October 7, 2021.
  26. ^ Marley, Patrick (May 1, 2017). "Madison lawyer Tim Burns announces Wisconsin Supreme Court run for Michael Gableman's seat". Milwaukee Journal Sentinel. Retrieved October 7, 2021.
  27. ^ Beck, Molly (June 26, 2021). "A former Wisconsin Supreme Court justice will oversee the latest election review sought by the state's GOP leaders". Milwaukee Journal Sentinel. Retrieved October 10, 2021.
  28. ^ Marley, Patrick (October 6, 2021). "Former Supreme Court Justice Gableman, head of Republican review of Wisconsin election, says he does not understand how elections work". Milwaukee Journal Sentinel. Retrieved October 7, 2021.
  29. ^ a b Ferral, Katelyn; Marley, Patrick (December 24, 2021). "Gableman calls for GOP state senator to resign as he signals he wants more taxpayer funding for his election review". Milwaukee Journal Sentinel. Retrieved December 24, 2021.
  30. ^ a b Marley, Patrick. "Wisconsin Republicans seek to jail more officials as part of their review of the 2020 presidential election". Milwaukee Journal Sentinel. Retrieved February 19, 2022.
  31. ^ Statement of Canvass for President, Vice President and Presidential Electors - General Election, November 3, 2020 (PDF) (Report). Wisconsin Elections Commission. November 30, 2020. Archived from the original (PDF) on December 11, 2020. Retrieved December 17, 2021.
  32. ^ Documents reveal high pay for Gableman’s staff, Wisconsin Examiner, Henry Redman, December 6, 2021. Retrieved December 16, 2021.
  33. ^ a b c Epstein, Reid J. (March 1, 2022). "Wisconsin Republicans' Election Report Endorses Debunked Legal Theories". The New York Times. ISSN 0362-4331. Retrieved March 2, 2022.
  34. ^ Montellaro, Zach (March 2022). "Wisconsin GOP's 2020 report embraces fringe election decertification theory". POLITICO. Retrieved March 2, 2022.
  35. ^ Allemand, Alyssa (March 1, 2022). "Gableman report calls for decertifying 2020 election. The Legislature's nonpartisan lawyers say that's not possible". Wisconsin Public Radio. Retrieved March 2, 2022.
  36. ^ Rogan, Adam (March 31, 2022). "Gableman's numbers don't add up: Flaws found in data, conclusions on nursing home voting". The Journal Times. Retrieved June 17, 2022.
  37. ^ "Lawmakers, officials react to claims made in Gableman election report". Channel3000.com. March 1, 2022. Retrieved March 2, 2022.
  38. ^ a b "Michael Gableman deleting records he deems 'irrelevant or useless' to his taxpayer-funded election review". Milwaukee Journal Sentinel. 2022.
  39. ^ "Judge: Michael Gableman 'irreparably damaged the public's perception of the judicial process'". madison.com. June 15, 2022. Retrieved June 15, 2022.
  40. ^ "June 15, 2022 Contempt Ruling and Referral to OLR" (PDF). documentcloud.org. June 15, 2022. Retrieved June 16, 2022.
  41. ^ Schmidt, Mitchell (August 12, 2022). "Speaker Robin Vos fires Michael Gableman, marking end to 2020 election review". Wisconsin State Journal. Retrieved August 12, 2022.
  42. ^ "After being fired by Robin Vos over election review, Michael Gableman now lists conservative law firm as employer".
  43. ^ van Wagtendonk, Anya (February 3, 2023). "Price tag on Gableman probe nearing $2M, report finds". Wisconsin Public Radio. Retrieved March 1, 2023.
  44. ^ Results of Spring Primary Election - 02/18/2003 (PDF) (Report). Wisconsin State Elections Board. March 3, 2003. p. 2. Retrieved October 7, 2021.
  45. ^ Results of Spring General Election - 04/01/2003 (PDF) (Report). Wisconsin State Elections Board. May 6, 2003. p. 4. Retrieved October 7, 2021.
  46. ^ Results of Spring General Election - 04/01/2008 (PDF) (Report). Wisconsin State Elections Board. April 21, 2008. p. 1. Retrieved October 7, 2021.
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Legal offices
Preceded by District Attorney of Ashland County, Wisconsin
May 1999 – May 2002 		Succeeded by
Preceded by
James Taylor
 Wisconsin Circuit Court Judge for the Burnett Circuit
May 2002 – July 31, 2008 		Succeeded by
Kenneth Kutz
Preceded by Justice of the Wisconsin Supreme Court
August 1, 2008 – July 31, 2018 		Succeeded by
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