Wisconsin Judicial Commission v. Zodrow

2010 WI 107, 787 N.W.2d 815, 329 Wis. 2d 53, 2010 Wisc. LEXIS 185
CourtWisconsin Supreme Court
DecidedAugust 26, 2010
DocketNo. 2009AP2904-J
StatusPublished

This text of 2010 WI 107 (Wisconsin Judicial Commission v. Zodrow) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wisconsin Judicial Commission v. Zodrow, 2010 WI 107, 787 N.W.2d 815, 329 Wis. 2d 53, 2010 Wisc. LEXIS 185 (Wis. 2010).

Opinion

PER CURIAM.

¶ 1. We review, pursuant to Wis. [55]*55Stat. § 757.91 (2007-08),1 a Judicial Conduct Panel's findings of fact, conclusions of law, and recommendation for discipline for the Honorable John A. Zodrow, a former Cudahy municipal judge. We conclude that a reprimand is the appropriate discipline for Judge Zodrow's judicial misconduct.

¶ 2. Judge Zodrow served as the municipal judge for the City of Cudahy from May 1,1999, through April 30, 2010. He has not been the subject of any prior disciplinary action by the Wisconsin Judicial Commission. Judge Zodrow was defeated in the April 2010 general election and no longer serves as a municipal judge.

¶ 3. The Judicial Commission filed a complaint against Judge Zodrow on November 23, 2009. The complaint alleged that Judge Zodrow engaged in misconduct by failing to dispose of judicial matters promptly, efficiently, and fairly and by willfully or persistently failing to perform official duties.

¶ 4. Judge Zodrow filed an answer to the complaint in December 2009. On June 24, 2010, the parties filed a stipulation and joint recommendation for discipline. On the basis of those undisputed facts, the Judicial Conduct Panel made findings of fact, conclusions of law, and a recommendation which was filed with the court on July 19, 2010. The panel recom[56]*56mended that Judge Zodrow be reprimanded. From our independent review of the record, we agree that Judge Zodrow's misconduct warrants a reprimand.

¶ 5. The City of Cudahy municipal court has an annual caseload of approximately 4,000 cases. During Judge Zodrow's tenure as municipal judge a substantial backlog of unadjudicated citations accumulated, dating back to at least 2002. As of the date the Judicial Commission's complaint was filed with this court in November of 2009, approximately 3,500 cases were awaiting Judge Zodrow's decision. When Judge Zodrow appeared in person before the Judicial Commission on October 23, 2009, he said he did not know how many cases were pending or for how long they had been pending. His best guess was that there were between 1,000 and 1,500 pending cases, with some dating from 2002 and a few pre-dating 2002.

¶ 6. City of Cudahy officials, court staff, and court officials repeatedly advised Judge Zodrow about the case backlog, but Judge Zodrow did not take significant action to reduce the backlog. An audit of the City of Cudahy municipal court, conducted by Virchow Krause and Company, showed a large backlog of cases dating from 2002. Judge Zodrow was advised of the results of the Virchow Krause audit in November of 2008, but refused to timely decide cases or reduce the backlog.

¶ 7. Throughout Judge Zodrow's tenure as municipal judge, a single full-time clerk supported the City of Cudahy municipal court. Judge Zodrow believed the court was understaffed, particularly when compared to the neighboring City of South Milwaukee's municipal court which had a smaller caseload but one and one-half clerk positions. Throughout his tenure as municipal judge, Judge Zodrow persistently asked city officials to fund an additional half-time or full-time clerk position. [57]*57Funding for a half-time deputy clerk position was approved in November of 2009 but that position remained unfilled when Judge Zodrow left office on April 30, 2010.

¶ 8. The parties agree that the additional clerk support would have assisted the municipal court in case management and reduced or possibly eliminated the need for the municipal court to rely on clerical staff from the city's police department to process court cases involving parking citations and other court administrative matters. Judge Zodrow believes he would have been encouraged to process cases in a more timely manner if there had been additional clerk support so he would not have been required to spend time performing tasks that he believed to be more properly the work of a clerk.

¶ 9. Since early May 2009, Judge Zodrow refused to adjudicate any parking ticket stipulation cases. He did so to protest the decision of the City of Cudahy's police department that the municipal court could no longer access the police department computer in those cases. After that time, Judge Zodrow placed parking ticket stipulation cases in a box. He told the Judicial Commission that "they can sit and collect dust until hell freezes over for all [he] carets]." Judge Zodrow refused to adjudicate parking ticket stipulation cases because he believed that the use of a police department clerk as a de facto court clerk in those cases was unconstitutional. Although he did adjudicate a small number of parking ticket stipulation cases after the half-time clerk position was approved in November of 2009, most of those cases remained unadjudicated until he left office on April 30, 2010.

¶ 10. In the stipulation submitted to the court, Judge Zodrow expressed regret for his conduct and the effect it had on the municipal court, litigants, and the [58]*58Wisconsin judicial system. In the stipulation the parties recognized that the appropriate discipline was entirely within the province of this court. The parties jointly recommended that a reprimand was the appropriate discipline for Judge Zodrow's misconduct.

¶ 11. The Judicial Commission's complaint alleged, and the Judicial Conduct Panel concluded, that by allowing a backlog of 3,500 cases to accumulate, Judge Zodrow violated SCR 60.04(l)(h), which states that "[a] judge shall dispose of all judicial matters promptly, efficiently and fairly." The Judicial Conduct Panel opined that "Judge Zodrow's conduct was the antithesis of the prompt and efficient disposition of judicial matters," and such a substantial backlog was particularly egregious at the municipal court level where the cases presented were generally straightforward and not complex.

¶ 12. The Judicial Conduct Panel noted that the "willful violation of a rule of the code of judicial ethics" constitutes judicial miscondúct. See Wis. Stat. § 757.81(4)(a).2 It also noted that a judge's conduct is "willful" if it is "not the result of duress or coercion and . .. the judge knew or should have known that the conduct was prohibited by the Code of Judicial Ethics." In re Judicial Disciplinary Proceedings Against Tesmer, 219 Wis. 2d 708, 729, 580 N.W.2d 307 (1998). The panel concluded that Judge Zodrow's failure to decide cases in a timely fashion constituted judicial misconduct under § 757.81(4)(a).

¶ 13. The Judicial Commission's complaint alleged, and the Judicial Conduct Panel found, that Judge Zodrow also violated Wis. Stat. § 757.81(4)(b), which [59]*59states that judicial "misconduct" includes the "willful or persistent failure to perform official duties." The panel noted that Judge Zodrow refused to adjudicate virtually all parking ticket stipulation matters for nearly one year. It said regardless of his motivations, whether related to the use of a police department employee as a clerk or to the police department's decision to limit computer access, his steadfast refusal to adjudicate virtually all parking ticket stipulation cases for nearly a year constituted the persistent failure to perform an official duty.

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Related

In Re Judicial Disciplinary Proceedings Against Gorenstein
434 N.W.2d 603 (Wisconsin Supreme Court, 1988)
In the Matter of Judicial Discip. Proceed. Against Tesmer
580 N.W.2d 307 (Wisconsin Supreme Court, 1998)
Matter of Disciplinary Proceedings Against Laatsch
2007 WI 20 (Wisconsin Supreme Court, 2007)

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Bluebook (online)
2010 WI 107, 787 N.W.2d 815, 329 Wis. 2d 53, 2010 Wisc. LEXIS 185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wisconsin-judicial-commission-v-zodrow-wis-2010.