Milwaukee -- Appeals Court Judge Joan Kessler lied about her role in obtaining information used against her opponent in a hotly contested campaign five years ago, according to a complaint filed by the Office of Lawyer Regulation.
In a statement released by her lawyer, Kessler called the complaint meritless and politically motivated.
"Because I have done nothing wrong, I previously rejected an offer to resolve this with a private reprimand," Kessler said.
In 2004, Kessler defeated incumbent Charles Schudson for a seat on the 1st District Court of Appeals in Milwaukee.
Schudson complained that Kessler was behind a smear campaign in the run-up to the election. Someone had filed a complaint with the Judicial Commission alleging Schudson had violated an ethical tenet that prohibits judges from using their positions to influence others when he wrote a letter in support of a friend being sentenced in federal court. Less than a month before the election, the complaint was leaked to the Journal Sentinel.
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Schudson had already admitted the violation and apologized to the Judicial Commission for the letter, saying he did not realize it was improper. He also offered to write letters of apology to the federal judge and anyone else involved in the case, and returned $500 the friend's wife had donated to his campaign.
Although the Judicial Commission's actions are confidential, Schudson said he was not reprimanded and the allegations against him were dismissed.
Later, he charged that Kessler used the allegations in her campaign. Schudson also made similar allegations against her husband, Rep. Fred Kessler (D-Milwaukee). Because the Kesslers were lawyers, not judges, at the time, the Office of Lawyer Regulation, the arm of the Supreme Court that polices lawyer conduct for the high court, heard the allegations.
Almost three years ago, Dane County District Attorney Brian Blanchard declined to issue criminal charges against Joan Kessler in the matter.
The new complaint against Joan Kessler charges that she lied when she told Office of Lawyer Regulation investigators in June 2004 that neither she nor anyone with her campaign had any part in filing the complaint against Schudson, and that she did not know who leaked information regarding the complaint to the newspaper.
The high court has not yet appointed a lawyer to hear the case.
"I expect a prompt resolution ending in dismissal of this matter," Joan Kessler said.
In 2008, the Office of Lawyer Regulation also issued a complaint against Fred Kessler related to his wife's 2004 campaign. A referee will hear arguments on that in August and make a recommendation to the high court.
