Wisconsin Judicial Commission v. Frank M. Calvert
914 N.W.2d 765
Wis.2018Background
- Commissioner Frank M. Calvert (Oconto County court commissioner, 19 years) presided over a 2015 petition for a harassment injunction between neighbors.
- Before any hearing or ruling, Calvert spoke ex parte with the City of Oconto police chief, obtained a summary of past complaints, and reviewed the police "contact file." Neither party nor counsel was notified.
- Calvert denied the petition for a temporary restraining order and, at the hearing, did not disclose his prior contacts; he later admitted the police contact before the hearing concluded.
- At the hearing Calvert falsely told the parties he had instructed police to issue mutual disorderly conduct citations for any further calls and had convinced the municipal judge and circuit judges they would be upheld regardless of circumstances.
- No party sought de novo review. The Judicial Commission charged Calvert with willful violations of judicial conduct rules (ex parte communications, independent investigation, and undermining judicial impartiality).
- The Judicial Conduct Panel found violations and recommended a suspension of 5–15 days; the Supreme Court adopted the findings and imposed a 15-day suspension.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Calvert engaged in prohibited ex parte communications and independent fact investigation | Calvert initiated and considered an ex parte communication with police and independently investigated facts in a pending matter, violating SCR 60.04(1)(g) | Calvert did not contest the factual allegations; argued his conduct aimed to end a longstanding dispute and noted rehearing was available | Court held Calvert willfully engaged in prohibited ex parte communications and independent investigation; violation sustained |
| Whether Calvert's on-the-record statements undermined judicial integrity and impartiality | Statements falsely asserting he had directed police and judges to ensure adverse outcomes demonstrated lack of impartiality and violated SCR 60.03(1) and SCR 60.02 | Calvert contended his conduct sought to resolve recurring conflict and parties could seek de novo review | Court held Calvert’s false, coercive statements violated duties to maintain integrity and impartiality |
| Whether misconduct was willful and constituted judicial misconduct under statute | Judicial Commission: conduct was willful and thus judicial misconduct under Wis. Stat. § 757.81(4)(a) | Calvert did not dispute facts; argued mitigating context and lack of prior discipline | Court agreed misconduct was willful and constituted judicial misconduct |
| Appropriate discipline for the misconduct | Commission recommended reprimand to short suspension; panel recommended 5–15 days suspension | Calvert sought a reprimand; emphasized isolated nature, lack of prior discipline, and intent to resolve dispute | Court imposed a 15-day suspension to protect public confidence and reflect seriousness |
Key Cases Cited
- In re Judicial Disciplinary Proceedings Against Carver, 192 Wis.2d 136, 531 N.W.2d 62 (1995) (15-day suspension where judge made false on-the-record statements, showed partiality, and undermined judicial objectivity)