Wisconsin Justice Everett Mitchell sparked controversy after appearing at an anti-Trump protest in Madison earlier this month — a move critics say violates the state’s judicial code and highlights growing partisan activism among judges.
Standing before the Wisconsin State Capitol, Mitchell urged the crowd to “fight for justice,” invoking the slogan “Sí, se puede,” or “Yes, we can.” “My God, the time is now for us to fight for justice!” he told attendees. “While I may not know Spanish, I know ‘Sí, se puede.’ And that means ‘Yes, we can!’”
Mitchell acknowledged during his remarks that his presence could lead to professional consequences. “Yes, judges are out here, too,” he said. “I might get in trouble on Monday, but I’m here right now.”
Mitchell’s appearance at the rally—which was part of a nationwide effort of over 7 million people to demonstrate the widespread rejection of President Donald Trump’s administration on October 18—was unlawful.
Rule 60.06 of the Wisconsin Judicial Code of Conduct states judges and judicial candidates “shall refrain from inappropriate political activity” and bars them from participating in party affairs. (RELATED: Kaul Now Faces Familiar Opponent As His Record as AG comes under Scrutiny)
The code then adds that judges are, however, allowed to be members of political parties, as stated in the 2010 federal appeals court decision of Siefert v. Alexander et al., No. 09-1713, but cannot endorse political candidates, engage in political activities or accept financial contributions.
Despite claims that the nationwide rally was non-partisan, which is legal for a judge to attend in Wisconsin, the nationwide organized event was bankrolled primarily by one prominent Democratic donor, George Soros, which raises questions.
Through the multiple companies under his umbrella, Soros was able to give millions in grants to No Kings rallies across the country, as reported by the Guardian.
His groups issued $3 million in grants to event organizers “to support social welfare activities” and promote civic engagement through peaceful democratic participation.
Mitchell has not replied to media requests to comment on concerns regarding his appearance at the rally, however, co-chair of Indivisible Dane County and an organizer of the event Linda Kessel said Mitchell was invited to provide “a viewpoint on the rule of law.”
While Mitchell’s remarks seemed to have mirrored the rhetoric pushed in the rally instead of raising any thoughtful judicial or philosophical arguments, he acknowledged the reprimand he could receive for his appearance and remarks before making them.
Mitchell’s successor in the rally, former state Democratic party chair Ben Wikler, took the stage to advocate for the importance of Democratic aligned judges. (RELATED: Mexican National Tied To Judge Dugan Case Pleads To Battery)
Other speakers in the rally included U.S. Rep. Mark Pocan (D-WI) and progressive author and activist John Nichols.
Across the country, top conservative officials took note of the partisan movement behind the nationwide protest and condemned the dangerous and progressive rhetoric Mitchell, Witker and others advocated for.
“Whe they call for violence on political officials, in an environment that is already in a heightened threat environment, is dangerous stuff,” House Speaker Mike Johnson (R-LA) stated.
