Recall Petition Reveals Judge Overseeing Act 10 Challenge
TL/DR –
A Dane County judge, Jacob Frost, who is presiding over a lawsuit to overturn the 2011 collective bargaining law in Wisconsin, known as Act 10, appears to have signed a petition in 2011 to recall the governor who enacted the law. Judge Frost, appointed to the court in 2020 by Democratic Gov. Tony Evers, is expected to rule on a motion to dismiss the lawsuit, which argues the law violates equal protection guarantees in the state Constitution by dividing public employees into two classes. The law ended the ability of public-sector unions to negotiate on any issues other than raises, and required unions to hold annual elections to maintain their ability to negotiate for those raises.
Wisconsin Judge Linked to Controversial Act 10 Recall Petition
A signature matching Dane County Judge Jacob Frost, who is overseeing a lawsuit to reverse the contentious collective bargaining measure known as Act 10, is found on a 2011 recall petition against former Wisconsin Governor Scott Walker who put forward Act 10.
Frost’s signature was reported by conservative radio host Dan O’Donnell of WISN-AM and is located next to an address Frost resided at before his appointment to the court by Democratic Governor Tony Evers in 2020. Attempts to reach Frost have so far been unsuccessful.
The lawsuit Frost is handling challenges Act 10 on the basis that it infringes upon equal protection guarantees in the state Constitution by categorizing public employees into two groups: “general” and “public safety” workers.
Act 10 removed the power of public-sector unions to negotiate anything beyond salary increases, which are capped at inflation levels. The law also mandated annual elections for unions to retain their negotiating rights, winning a majority of all eligible members is required.
Despite Frost’s signature on the Walker recall petition, Governor Evers does not believe this warrants a recusal. He stated, “Recusal is kind of a death knell of the judiciary. Let’s just let it play out.”
Previous instances of judges participating in recall petitions have stirred controversy. Former Dane County judge David Flanagan was criticized for not disclosing his participation in the Walker recall petition while presiding over a case about the state’s voter ID law. The Republican party filed a judicial ethics complaint against him.
In the 2023 race for Wisconsin Supreme Court, Justice Janet Protasiewicz acknowledged she may recuse herself from Act 10 cases as she signed the petition to recall Walker and joined protests against the law.
Campaign finance records reveal that Frost has contributed to Democratic and liberal candidates, including a $500 donation to Protasiewicz in March 2023 and $110 to the state Democratic Party.
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