Last August, before the disclosures involving Gableman came to light, the New York Times ran a stinging editorial on Wisconsin's Supreme Court entitled "A Study of Judicial Dysfunction." It pegged Wisconsin as a place where "over-the-top campaigning, self-interested rulings, and a complete breakdown of courthouse collegiality and ethics is destroying trust in its Supreme Court."

The editorial zeroed in on the issue of recusal, where it said the Wisconsin court "showed astounding disregard for legal ethics and every litigant's right to impartial justice."

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Under state statutes, recusal is required whenever "a judge determines that, for any reason, he or she cannot, or it appears he or she cannot, act in an impartial manner." The state Supreme Court has interpreted this to be an explicitly subjective standard, hinging on whether the judge believes he or she cannot be impartial.

Indeed, a court majority has opined that under no circumstance may these decisions be overturned by other justices. This has sparked sharp disagreements among a court known for its internal discord, which has in the past included Justice David Prosser calling Chief Justice Shirley Abrahamson a "total bitch" and threatening to destroy her.