In Wisconsin, some judges and journalists are being criticized for signing the petition to recall governor Scott Walker.
In one story, the Landmark Legal Foundation, presided over by conservative author and radio host Mark Levin, filed a complaint because it was determined that at least 29 Wisconsin judges signed the recall petition. One judge says that he signed the petition only after he sought the advice of the Wisconsin Judicial Commission's executive director, who told him it was not against the Code of Judicial Conduct.
Gannett Wisconsin Media, which broke the story about the judges, also announced recently that it had determined that 25 of its journalists broken the company's principles of ethical conduct by signing the recall petition.
In both situations, the judges and journalists have used the argument that signing a recall petition is not a political act like supporting a political party or candidate. The argument used against them is that doing so affects the perception of impartiality that both professions should aspire towards. Indeed, Judge David Flanagan, who issued a temporary restraining order against a voter identification law backed by Scott Walker, has drawn fire from pro-Walker forces who think that his signing of the recall petition displays a conflict of interest.
I do wonder what would happen if people did similar analysis of signatures to other petitions such as those to get proposition on the ballot in places like California. (Some conservatives are trying to draw an analogy between signing the Walker recall and donating in support of California's Proposition 8, but I think there is a plausible argument that there is a clear difference between merely signing a petition and sending in money.)
Would you have questions about the impartiality of a judge or journalist who signed a petition for the recall of a Democratic politician or for a ballot initiative you oppose, or do you think someone can do that and still be fair? Should signing a recall petition be treated the same as public advocacy for or against a candidate? Will we be seeing retaliation against others who signed the Walker recall?