Ian Millhiser speculates about what might be done if it is, in fact, true that Prosser did this.
Like all accused criminals, Prosser enjoys a presumption of innocence and he should not be condemned until the evidence clearly shows that he is guilty.It's very poor writing to say "accused criminals" when you mean "persons accused of a crime" and you're trying to stress the presumption of innocence. But no one was arrested, there's no pending prosecution, so why is he even saying that Prosser is accused of a crime? We don't even have a whole report of what supposedly happened. If there were a prosecution here, the whole story would come out — all sorts of details about the justices, and not just the snapshot of one hard-to-comprehend instant within the longer event. Who would end up looking the worst here? A decision was made, privately, to suppress the incident, and then 3 individuals — who? — decided to leak it out in a way that is, presumably, affected by subjectivity and political interest.
But sure. If Justice Prosser committed a criminal attack on another Justice, he shouldn't be on the court, even if he only lashed out after weeks or years of merciless bullying. And let's have the whole story. Maybe there are some other Justices who don't belong on the court. Clear out everyone who doesn't belong on the court. How will they be replaced? By appointment of the Governor — the formidable Scott Walker.
Is that what you want, Think Progress?
Anyway, Think Progress outlines the methods of ousting Prosser:
Resignation...This is the easiest way for Prosser to end the controversy and give Scott Walker the chance to appoint a virtuous, strong, smart conservative. Walker should pick someone with nerves of steel so to stand up to any verbal aggression without resorting to felonious neck-wringing.
Impeachment...News flash: Wisconsin has a Republican legislature.
Removal by Address: A supermajority of both houses of the state legislature can also remove Prosser through a process known as “removal by address.”...
Recall: As a last resort, Prosser may be removed by a recall election using the same process that was recently invoked to attempt to recall several state senators.But you can't start this process until 1 year after his reelection, so settle down, people. But what is the point of all this? If Prosser goes, Walker appoints someone younger, more vigorously conservative, and without the baggage of old intra-court grudges. I think the point is to discredit Prosser and the conservative majority on the court, to undermine the public's faith in the work of the court. But I agree with Millhiser that if it's true Prosser reached a breaking point and started strangling Bradley, he should go. I doubt that's true, however, because there was no arrest. That's why we're getting the story in this unsourced, piecemeal form.
UPDATE: A more nuanced report from the Journal Sentinel has (unnamed) sources disagreeing about what happened. Someone is saying Bradley charged at Prosser with fist raised, and she ran into his defensively raised hands, then cried choked.