SCOWIS to discuss proposed changes

The state Supreme Court appears to be trying to repair a damaged reputation.

Now the chief justice is proposing several changes including an effort to get along better and more transparency.

It's been a tumultuous year for the Wisconsin Supreme Court and Chief Justice Shirley Abrahamson says, "We have work to do."

2011 included a claim from Justice Ann Walsh Bradley that Justice David Prosser choked her.

No criminal charges were filed, but Abrahamson wants to move past the incident and resolve to do better.

In a recent memo, she wrote: "We should be, above all, a place where disputes are resolved - openly, civilly, professionally - not where they are created."

Law professor and former Supreme Court Justice Janine Geske said Abrahamson is likely stating the obvious for all of the justices.

“I suspect that one interest that all seven of them share is to try to work on providing and rebuilding that confidence in its decision making and its credibility,” said Geske.

Attorney Avi Burke has argued before the Wisconsin Supreme Court, and said if the top legal minds of the state can't get along the administration of justice is compromised.

“It seems like so many decisions lately are split based upon certain alliances that it makes lawyers and judges question whether the cases are being properly handled based on law and fact or is it based on politics,” said Burke.

Abrahamson is also proposing allowing the public watch the justices deliberate cases.

In her memo she said, "Transparency will help assure the public that we are working in a collegial fashion and doing the job we were elected to do."

Burke agreed some of the high court's discussions should be open, but doesn't believe in making all of them public.

“When they actually get to deliberating cases and discussing cases, I think there would be withholding of free flowing information if those were public and it might slow down the processes or impede the process,” Burke said.

Geske said she doesn't know of any appellate court in the country that opens up its decision making conferences, and felt it's important to keep them confidential.

“The justices make an initial vote right after the arguments. They work for months on rewriting the opinion. People are free to change their mind and depending on the research that they're doing and I think that to make them public would add public pressure to particular justices,” Geske said.

A state Supreme Court spokesperson said the chief justice will not give interviews until after the court has had a chance to discuss her proposals.

FOX 11’s Laura Smith will be in Madison Thursday for that open discussion. She will have a full report on FOX 11 News at Five.