Disciplinary Proceedings Against Staege, Matter of, 90-1508-J

• Decision Date: 27 November 1991
• Docket Number: No. 90-1508-J,90-1508-J
• Citation: 165 Wis.2d 21,476 N.W.2d 876
• Parties: In the Matter of Judicial DISCIPLINARY PROCEEDINGS AGAINST the Hon. Glenn STAEGE, Municipal Judge.
• Court: Wisconsin Supreme Court

Page 876

476 N.W.2d 876

165 Wis.2d 21

In the Matter of Judicial DISCIPLINARY PROCEEDINGS AGAINST the Hon. Glenn STAEGE, Municipal Judge.

No. 90-1508-J.

Supreme Court of Wisconsin.

Submitted on Briefs Oct. 30, 1991.

Decided Nov. 27, 1991.

James C. Alexander, Madison, for Judicial Com'n.

William D. Whitnall, Ripon, for Glenn Staege.

PER CURIAM.

Judicial disciplinary proceeding; former municipal judge suspended from eligibility for office.

This is a review of the findings of fact and conclusions of law of the judicial conduct panel that Glenn Staege, former municipal judge for the Town of Raymond in Racine county, engaged in judicial misconduct by his persistent contempt of the circuit court for failure to obey that court's order to clean up his property. As discipline for that misconduct, the panel recommended that the court suspend Mr. Staege from eligibility for the position of municipal judge for a period of five years.

We adopt the judicial conduct panel's findings of fact, which were based on admissions incorporated in a stipulation in the course of this proceeding. We also adopt the panel's conclusion that Judge Staege's contempt of the circuit court constituted gross personal misconduct, in violation of SCR 60.13, ¹ which in turn constituted judicial misconduct as defined in sec. 757.81(4)(a) Stats. ² Contrary to the panel's recommendation, we determine that a three-year suspension from eligibility for the position of municipal judge is appropriate discipline for Judge Staege's misconduct.

Mr. Staege, who is not an attorney, was elected municipal judge for the Town of Raymond and served from May 1, 1989 until the court temporarily suspended him from exercising the powers of a judge on September 7, 1990, pending final determination of this proceeding. At the time of the temporary suspension, Judge Staege was incarcerated in the Racine county jail for contempt of the circuit court. His term as municipal judge expired April 30, 1991 and he no longer serves in that office.

Based on a stipulation of the parties and the testimony at a hearing, the judicial conduct panel, consisting of the Honorables William Moser, Michael T. Sullivan and Ralph Adam Fine of the court of appeals, made the following findings of fact. On January 7, 1986, prior to his becoming municipal judge, the circuit court for Racine county found Mr. Staege in violation of a county zoning ordinance by the "unauthorized storage of junk" on his property. The court assessed a forfeiture and ordered him to remove the material and return his property to the condition it was in on February 1, 1972, namely, a condition sufficiently clear to allow for plowing and planting of crops, as the property was zoned agricultural. Mr. Staege appealed and the court of appeals affirmed the circuit court.

On June 14, 1988 the circuit court found that Mr. Staege was not in compliance with its order and subsequently, on January 13, 1989, found him in contempt of court. The court continued the forfeitures it had imposed and ordered Mr. Staege jailed for seven days. At the time of this finding of contempt and his service of the jail term, Mr. Staege was a candidate for election to the office of municipal judge, to which he was elected in April, 1989. He appealed the contempt order and it was affirmed by the court of appeals on December 13, 1989.

On February 22, 1990 the circuit court again found now-Judge Staege in contempt of the court's orders to clean up his property and ordered him incarcerated until either the property was in its proper state as earlier ordered or he had served six months in jail. The court stayed the jail sentence until June 1, 1990 to permit him to purge the contempt by bringing his property into compliance. On June 1, 1990 the court found that Judge Staege had not complied fully with the court's order and three days later he was committed to the Racine county jail for contempt of court.

The court stayed the jail sentence on July 2, 1990, viewed the property and found Judge Staege in contempt of court. It then vacated the stay and ordered the judge to be jailed until the subject property was put in its proper state as earlier ordered or until he had served six months in jail. He purged his contempt on October 19, 1990 and was released from custody.

On March 19, 1991 Judge Staege pleaded no contest to and was convicted of contempt, in violation of sec. 785.01(1)(b), Stats., ³ committed on or between June, 1988 and August, 1989. His term as municipal judge expired April 30, 1991 and he is no longer municipal judge.

On the basis of these facts, the panel concluded that Judge Staege violated SCR 60.13, which prohibits a judge from indulging in "gross personal...