The Wisconsin Judicial Commission has dismissed a complaint against Supreme Court Justice Jill Karofsky

MADISON - A state judicial oversight panel has tossed a complaint against liberal-leaning Supreme Court Justice Jill Karofsky filed in 2021 over her questioning of attorneys representing former President Donald Trump in a lawsuit seeking to overturn the results of Wisconsin's presidential election.

The Wisconsin Judicial Commission in November dismissed the complaint "with an expression of concern," which is not considered official discipline, over one comment Karofsky directed toward Trump attorney Jim Troupis that the commission deemed to be sarcastic and another that accused Troupis of asking the court to overturn the election "so that your king can stay in power."

"And for you to come forward today and start just using, throwing out allegations of fraud with zero evidence whatsoever. What — What is America? It is not self-government. I'm sorry, it is self-governance. It is not governance from a king. And what you want, is you want us to overturn this election so that your king can stay in power. And that is so un-American," Karofsky told Troupis during Dec. 12, 2020, oral arguments in a lawsuit Trump filed seeking to throw out more than 100,000 votes cast in Wisconsin's most populous and liberal counties.

"And for you to say that anyone in Wisconsin engaged in fraud, for you to perpetuate that fallacy on the people of Wisconsin and the people of the United States of America in what has been called the most significant election of our lifetime, is nothing short of shameful," Karofsky said.

The nine-member commission told Karofsky to remain neutral and dispassionate in a Nov. 17 letter notifying her of the dismissal.

"Judges are required to exhibit patience, dignity and courtesy toward litigants and attorneys ... judges must act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary," the commission wrote.

"Regardless of the nature of the case being addressed by the court, a judicial official should take special care and remain mindful of their role in proceedings as a neutral and detached magistrate, as opposed to an advocate, and avoid sarcasm when making statements from the bench, given their obligations under (the state code of judicial conduct).

Complaint followed Trump lawsuit

The state Supreme Court ultimately upheld President Joe Biden's Wisconsin win in the case at issue, handing Trump a defeat less than an hour before the Electoral College met.

The 4-3 ruling was the latest in a string of dozens of losses for the president across the country as Republicans pursued last-gasp efforts to give Trump a second term. Just after the decision was issued, the Electoral College cemented Biden's national victory.

In the majority, conservative Justice Brian Hagedorn joined the court's three liberal justices to confirm Biden's win. They found one of Trump's arguments was without merit and his others were brought far too late. 

Troupis, a former Dane County circuit judge, was hired by Trump's campaign to oversee the 2020 recounts. He was one of the first to learn of a scheme to put in place Republican electors in states where Trump was trying to overturn election results, receiving a memo on Nov. 18, 2020, outlining the strategy. 

The memo arrived the same day Troupis filed paperwork on behalf of the Trump campaign to begin ballot recounts in the liberal-leaning and populous Dane and Milwaukee counties. The U.S. Department of Justice in December subpoenaed communications from election officials in both counties between their offices and Trump and his allies, including Troupis.

Karofsky decries 'campaign of harassment'

On Tuesday, Karofsky stood by her comments in a letter from her attorney to the commission.

"Justice Karofsky was pushing back on an attempted coup against the lawful government of the United States. She pushed back because the voters of Wisconsin elected her to protect the rule of law," Attorney Stacie Rosenzweig wrote. "Additionally, her oath of office requires her to defend and protect the constitution of the United States and the State of Wisconsin. In this instance, Justice Karofsky admirably discharged her duties."

Rosenzweig also accused the commission of allowing itself to be weaponized by investigating the complaint, a review that lasted more than a year.

"... this complaint is very likely a harbinger. This baseless complaint was dragged out for 16 months only to end in a dismissal. The commission cannot allow partisan actors to proceed in bad faith and hijack the disciplinary system, in an attempt to silence a justice who rightfully tried to stop frivolous and dangerous arguments that undermined our democracy," Rosenzweig wrote.

On Saturday, Karofsky said the complaint "was designed to intimidate, and I have waived my right to confidentiality because this campaign of harassment facing me and other public officials across the country, simply for standing up for the rule of law and for our democracy, must stop.”

Members of the commission on Saturday did not immediately respond to Karofsky's comments.

The complaint was initially filed in January 2021 by a retired Maryland attorney against Karofsky and Justice Rebecca Dallet, who also is part of the court's liberal minority. Dallet said Saturday the commission did not pursue a review of the allegations against her.

Fletcher Thompson alleged the justices exhibited political and racial biases and a lack of courtesy to Trump and Troupis.

In his complaint, Thompson cited an exchange during which Karofsky said the lawsuit "smacks of racism" by targeting two counties where most of the state's people of color live. The commission ultimately did not address the allegation.

Molly Beck can be reached at molly.beck@jrn.com.