State v. Henley
802 N.W.2d 175
Wis.2011Background
- Henley filed a motion labeled as a motion for reconsideration of the court’s July 21, 2010 decision denying a new trial.
- He argued the court denied due process by not providing procedures to review Justice Roggensack’s refusal to recuse.
- The court previously denied his motion for a new trial and declined to review Roggensack’s recusal decision.
- The court framed the issue as institutional power to disqualify a peer on a case-by-case basis.
- The court concluded: (a) motion for reconsideration is not warranted, (b) recusal is the individual justice’s responsibility, (c) a majority cannot disqualify a peer on a case-by-case basis, and (d) Henley received due process.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Henley’s motion for reconsideration satisfied IOP criteria | Henley | Henley’s motion lacks controlling precedent or significant facts | Denied the motion |
| Whether the court has power to disqualify a justice on a case-by-case basis | Henley argues the court can require disqualification case-by-case | Court holds no such power | Court lacks majority power to disqualify a peer case-by-case |
| Whether Henley received due process | Henley contends due process was violated by no review mechanism | Due process was provided by individual-justice determinations | Henley received due process |
Key Cases Cited
- Crosetto v. Crosetto, 160 Wis. 2d 581 (1991) (disqualification motions decided by each justice individually; appearance of partiality)
- Donohoo v. Action Wisconsin, Inc., 2008 WI 110 (2008) (subjective determination review limited to whether disqualification was required)
- State v. Allen, 2010 WI 10 (2010) (disqualification power and related procedures; majority opinions and separate writings)
- City of Edgerton v. Gen. Cas. Co. of Wis., 190 Wis. 2d 510 (1995) (judicial recusal/disqualification context)
- In re Kading, 70 Wis. 2d 508 (1976) (inherent powers of court to supervise judiciary)
- Caperton v. A.T. Massey Coal Co., Inc., 556 U.S. 868 (2009) (due process in recusals/elections context)
- In re Disciplinary Proceedings Against Crosetto, 160 Wis. 2d 581 (1991) (recusal/due process framework in Wisconsin)
- American TV & Appliance of Madison, Inc., 151 Wis. 2d 175 (1989) (due process and judicial conduct ethics context)