In a recent ruling, Dane County Circuit Judge Frank Remington dismissed claims made by liberal watchdog group American Oversight regarding the violation of open meeting laws by a panel investigating the possible impeachment of a Wisconsin Supreme Court justice. The judge stated that the claims were filed prematurely and should have allowed District Attorney Ismael Ozanne more time to decide whether to pursue legal action.

The controversy centers around Republican Assembly Speaker Robin Vos requesting former state Supreme Court justices David Prosser, Pat Roggensack, and Jon Wilcox to advise on the potential impeachment of Justice Janet Protasiewicz. Protasiewicz, a member of the court's liberal majority, incurred the ire of Republicans when she stated during her campaign that the GOP-drawn district boundaries were "rigged." The court is currently examining a challenge to these boundaries, which could lead to redrawing the maps ahead of the 2024 elections and potentially affect Republican seats in the legislature. The GOP argues that Protasiewicz's remarks indicate a prejudgment of the case.

Prosser and Wilcox both advised Speaker Vos in October that Protasiewicz's campaign statements did not warrant an impeachable offense. However, Justice Roggensack's stance remains unknown as she has not responded to messages.

American Oversight launched an investigation to determine if the panel of justices violated the state's open meetings law by operating in secrecy. The group subsequently filed a lawsuit demanding records related to the panel's work. Republican Assembly Speaker Vos moved to dismiss the open meeting violation claims, asserting that American Oversight failed to give District Attorney Ozanne the 20-day timeframe required under state law to refuse or initiate an investigation. According to court documents, Ozanne did not take either action.

Judge Remington's ruling acknowledged that the panel of former justices constituted a government entity created by the Speaker, and it was not contested that the panel met in secret. However, the judge found that American Oversight had not allowed Ozanne sufficient time to refuse an investigation, rendering the lawsuit invalid.

Despite the dismissal of the open meeting claims, American Oversight was permitted to continue its pursuit of records from the panel. Speaker Vos, Justices Prosser and Wilcox have already provided thousands of pages of documents, while Justice Roggensack has been given 30 days by Judge Remington to produce her records.

In response to the ruling, American Oversight's Executive Director, Heather Sawyer, stated that the lawsuit had succeeded in releasing documents to the public that would have otherwise remained undisclosed. She further added that the group will be considering appellate options regarding the open meeting claims.

The ruling by Judge Remington has brought some clarity to the Wisconsin Supreme Court impeachment panel case, highlighting the importance of adhering to procedural requirements when bringing legal action against governmental entities.