MADISON, Wis. (AP) — Judicial regulators filed a complaint Tuesday against a former conservative Wisconsin Supreme Court justice who spread election conspiracy theories and was hired by Republicans to lead an investigation into President-elect Donald Trump’s loss in the 2020 election, accusing him of violating multiple rules of conduct.
The Office of Lawyer Regulation 10-count complaint accuses former Justice Michael Gableman of violations which could result in a variety of sanctions, including possibly losing his law license. The complaint does not make a specific recommendation regarding what sanction the Wisconsin Supreme Court should apply.
Gableman did not immediately return text messages seeking comment.
The complaint stems from Gableman’s work investigating allegations of fraud and abuse related to the 2020 election that Trump narrowly lost in Wisconsin. Republican Assembly Speaker Robin Vos had hired him to lead the inquiry. Gableman found no evidence of widespread fraud during his investigation, drew bipartisan derision and cost taxpayers more than $2.3 million.
Vos said in 2021 when he hired Gableman that he was “supremely confident” in his abilities. But when he fired Gableman in August 2022, Vos called him an “embarrassment.” Gableman this year helped backers of Trump who were attempting to recall Vos from office. Two of their efforts failed to gather enough valid signatures to force a vote.
Vos in 2022 said Gableman should lose his law license over his conduct during the election probe. Vos did not return a message Tuesday seeking comment.
In his seven-month inquiry, Gableman was sued over his response to open records requests and subpoenas and countersued. He was ridiculed for scant expense records, criticized for sending confusing emails and making rudimentary errors in his filings and called out for meeting with conspiracy theorists.
The complaint accuses Gableman of making false statements, disrupting a court hearing, questioning a judge’s integrity, making derogatory remarks about opposing counsel, violating open records law and revealing information about representing Vos during the investigation while Gableman was promoting a failed effort to recall Vos from office.
Among the complaint's allegations:
— Gableman filed writs in Waukesha County Circuit Court in an attempt to force Madison and Green Bay's mayors to submit to depositions without telling the court that his office had agreed depositions wouldn't be needed because the two cities had turned over election documents Gableman requested.
— He falsely accused Wisconsin Elections Commission Administrator Meagan Wolfe and officials in five Wisconsin cities of trying to cover up how election grants from the Center for Tech and Civic Life were used during testimony to the Assembly elections committee. The CTCL is a liberal group backed by Facebook founder Mark Zuckerberg.
— Gableman violated attorney ethics rules by publicly discussing private conversations with Vos related to the investigation. The complaint cites two videos Gableman appeared in where he supported the recall effort against Vos. The videos were shown at a program organized by Trump supporter Mike Lindell.
— Gableman practiced law while working on the investigation despite his claim to the contrary. He gave legal advice in his election report, represented his office as an attorney in legal filings in Waukesha County and signed a contract with Vos saying he would work as legal counsel.
— Gableman's office destroyed public records that liberal group American Oversight had requested.
— During a hearing before Dane County Circuit Judge Frank Remington on whether the records were inadvertently destroyed, Gableman accused Remington from the witness stand of railroading him into jail and acting as an advocate for American Oversight. Gableman also was captured on a microphone while the court was in recess making sarcastic comments about Remington and American Oversight attorney Christa Westerberg's ability to do her job without Remington's help.
Remington ultimately found Gableman in contempt of court for not complying with open records laws. The judge forwarded the contempt order to the OLR.
Attorneys from the liberal law firm Law Forward also requested sanctions against Gableman in 2023.
“Gableman misused taxpayer funds, promoted baseless conspiracy theories, and engaged in improper intimidation tactics; his efforts undermined the integrity of our electoral system,” Law Forward President Jeff Mandell said in a statement Tuesday.
Gableman was a member of the Wisconsin Supreme Court from 2008 to 2018 and joined with the conservative majority in several major rulings, including one that upheld the state law that effectively ended collective bargaining for public workers. The court is now controlled 4-3 by liberal justices, including one who was elected to fill the seat vacated by Gableman.