It is ironic and unfortunate that David Deininger's career of public service may end on a technicality. It's the state's loss, but Deininger did the right thing when he resigned this week from the new Government Accountability Board (GAB).
Attorney General J.B. Van Hollen on Tuesday released a formal opinion holding that "Wisconsin law does not allow a person who has resigned from the office of judge to serve as a member of the Government Accountability Board for the duration of the term to which the person was elected or appointed judge." All of GAB's six members are retired judges. Two of them, Deininger and James Mohr, had served judicial terms that have not yet expired. Deininger, of Monroe, retired from the Fourth District Wisconsin Court of Appeals on Jan. 31, 2007.
Van Hollen's ruling was based on his interpretation of a state statute that provides that "no justice of the supreme court or judge of any court of record shall hold any other office of public trust, except a judicial office, during the term for which elected."
The GAB, a combination of the former State Ethics and State Elections boards, clearly holds the public's trust. It administers campaign financing, lobbying, ethics and election laws. Most notably in the board's first few months has been an effort, led by Deininger, to consider regulating election issue ads paid for third-party groups. The decisions the GAB makes will impact state elections and the way government officials are allowed to conduct themselves.
Van Hollen also determined that the GAB is not a judicial office, even though all members are retired judges. The attorney general correctly determined that the board is part of the executive branch "not under the supervisory authority or superintending control of the Wisconsin Supreme Court or the judiciary."
Van Hollen's opinion was solicited by GAB legal counsel Kevin Kennedy, who said in his letter to the attorney general's office that while he believed Deininger and Mohr could continue to serve on the GAB, "the board would like this issue clarified so it can proceed to fulfill its responsibilities."
Given the law, and given GAB's status in relation to it, Van Hollen had no choice but to offer the opinion he did. And Deininger and Mohr had no choice but to resign. To their credit, they did so immediately.
"We have chosen to resign to protect the integrity of this board and the legitimacy of its future decisions," Deininger said in a statement.
In this case, the state law had an unintended effect. The intent of the statute is to prevent judges from making rulings from the bench for future political gain or in a conflict of interest. Those gains or conflicts wouldn't be realized in the GAB.
But while the law's intent wasn't to prevent retired judges from performing further public service in such an oversight function, that's exactly what it does.
That's unfortunate, because Deininger has spent a good portion of his professional career as a respected public servant. After spending several years in private practice as an attorney in Green County, he served in the Wisconsin Assembly as a Republican from 1987 to 1994. For two years after that he was Green County's circuit court judge. And from 1996 until last year he was an appellate court judge.
That's why the Times lauded Gov. Jim Doyle for appointing Deininger to the GAB last year. That's why it's too bad a technicality cost the GAB, and state residents, Deininger's talents and experience.
Attorney General J.B. Van Hollen on Tuesday released a formal opinion holding that "Wisconsin law does not allow a person who has resigned from the office of judge to serve as a member of the Government Accountability Board for the duration of the term to which the person was elected or appointed judge." All of GAB's six members are retired judges. Two of them, Deininger and James Mohr, had served judicial terms that have not yet expired. Deininger, of Monroe, retired from the Fourth District Wisconsin Court of Appeals on Jan. 31, 2007.
Van Hollen's ruling was based on his interpretation of a state statute that provides that "no justice of the supreme court or judge of any court of record shall hold any other office of public trust, except a judicial office, during the term for which elected."
The GAB, a combination of the former State Ethics and State Elections boards, clearly holds the public's trust. It administers campaign financing, lobbying, ethics and election laws. Most notably in the board's first few months has been an effort, led by Deininger, to consider regulating election issue ads paid for third-party groups. The decisions the GAB makes will impact state elections and the way government officials are allowed to conduct themselves.
Van Hollen also determined that the GAB is not a judicial office, even though all members are retired judges. The attorney general correctly determined that the board is part of the executive branch "not under the supervisory authority or superintending control of the Wisconsin Supreme Court or the judiciary."
Van Hollen's opinion was solicited by GAB legal counsel Kevin Kennedy, who said in his letter to the attorney general's office that while he believed Deininger and Mohr could continue to serve on the GAB, "the board would like this issue clarified so it can proceed to fulfill its responsibilities."
Given the law, and given GAB's status in relation to it, Van Hollen had no choice but to offer the opinion he did. And Deininger and Mohr had no choice but to resign. To their credit, they did so immediately.
"We have chosen to resign to protect the integrity of this board and the legitimacy of its future decisions," Deininger said in a statement.
In this case, the state law had an unintended effect. The intent of the statute is to prevent judges from making rulings from the bench for future political gain or in a conflict of interest. Those gains or conflicts wouldn't be realized in the GAB.
But while the law's intent wasn't to prevent retired judges from performing further public service in such an oversight function, that's exactly what it does.
That's unfortunate, because Deininger has spent a good portion of his professional career as a respected public servant. After spending several years in private practice as an attorney in Green County, he served in the Wisconsin Assembly as a Republican from 1987 to 1994. For two years after that he was Green County's circuit court judge. And from 1996 until last year he was an appellate court judge.
That's why the Times lauded Gov. Jim Doyle for appointing Deininger to the GAB last year. That's why it's too bad a technicality cost the GAB, and state residents, Deininger's talents and experience.
