Troubling Details from the Complaint Against Former Justice Gableman

Former Wisconsin Supreme Court Justice Michael Gableman faces disciplinary action from the Wisconsin Office of Lawyer Regulation (OLR) over his review of the 2020 presidential election.

In a comprehensive 75-page report, OLR charged Gableman with ten counts of misconduct related to violating the Wisconsin Rules of Professional Conduct for Attorneys.

In 2021, Assembly Speaker Robin Vos hired Justice Gableman, who served a ten-year term on the state's high court in 2008, to lead an investigation on behalf of the legislature over the 2020 presidential election processes and results in Wisconsin. Joe Biden edged Donald Trump by just around 20,000 votes to win the state.

The following year, Vos ousted Gableman after the investigation cost taxpayers more than $2.3 million and failed to produce significant findings.

Now, OLR wants Wisconsin’s Supreme Court to hold Gableman accountable. The state Supreme Court hears OLR complaints. As a matter of policy, OLR has not publicly commented on the pending litigation.

The ten counts brought by OLR include violations of professional misconduct, falsifying statements, disrupting judicial proceedings, misrepresenting client interests, failing to secure informed consent, and more. (Click here to see a searchable pdf copy of the complaint.)

Some of the most serious allegations include the following:

• Throughout October and November 2021, Gableman tried to subpoena the mayors of Green Bay and Madison for sworn testimony. He’s accused of lying and withholding critical information from their offices through written correspondence about it. This violates rules about “Candor toward the tribunal” and “Misconduct.”
  

• On November 15, 2021, Gableman told an Assembly committee that WEC Administrator Meagan Wolfe and the mayors had brought in “high-priced lawyers” to block his investigation. That wasn’t the case, and he is accused of lying about it. This violates rules about “Truthfulness in statements to others” “Respect for the rights of 3^rd persons,” and “Misconduct.”

• During a June 10, 2022, hearing, Dane County Circuit Judge Frank Remington said that Gableman questioned his integrity and bias in a “sneering fashion,” while also maintaining a “raised voice” and “pointed” finger at the judge. These alleged gestures violate rules including “maintain[ing] respect due to courts of justice and judicial courts,” and “not engaging in conduct intended to disrupt a tribunal.”

• Between August 2021 and August 2022, Gableman allegedly forced Assembly Speaker Vos to expand the objectives, expense, and time frame of the investigation by attempting to place public pressure on him. The report cites an appearance on Steve Bannon’s podcast where he urges viewers to “contact Vos and support his effort to extend the investigation.” These actions violate rules related to “conflicts of interest” and “objectives of representation.”
  

• On May 29, 2024, Gableman allegedly provided false statements to OLR, where he claimed that he did not give legal advice or represent the Wisconsin Assembly during his investigation. The complaint says there is evidence such as the appendix of investigation and his own signature proving otherwise. His actions violated rules such as “cooperation in investigations” and “answer[ing] questions fully.”
  

• On October 1, 2021, Gableman signed an Open Records Policy he had prepared for the Office of Special Counsel. Yet, his apparent instructions to staff regarding maintaining records and responding to open records requests were contrary to law by ordering staff to “not retain documents which they considered irrelevant or useless.” This violates rules related to providing “competent representation to a client” and fails to comply with Wisconsin’s Records Retention and Open Records laws.

• In late Spring 2024, Gableman appeared in at least two videos promoting the Assembly Speaker Vos’s recall from his Assembly seat. Mike Lindell, a staunch supporter of President-elect Trump, promoted the videos in programming where Gableman called Assembly Speaker Vos a “serial liar who is interested only in his personal monetary financial gain.” This violates rules related to not acquiring “informed consent,” and “revealing information related to representation.”
  

The state Supreme Court, now led by a 4-3 liberal majority, will ultimately decide whether Gableman violated these codes of conduct and his potential punishment. There’s no timeline on when the court could take up the case. Gableman could lose his law license over this.